PLANNING & ENVIRONMENT COMMITTEE MINUTES Wednesday, February 9 th, 2005 WOODHAVEN ROOM

Transcription

1 In Attendance: PLANNING & ENVIRONMENT COMMITTEE MINUTES Wednesday, WOODHAVEN ROOM L. Novakowski Chair R. Hein District of Lake Country S. Shepherd City of Kelowna R. Cannan City of Kelowna B. Harriman District of Peachland D. Knowles Westside Area Director A. Dinwoodie Westside Area Director P Hanson Ellison / Joe Rich Director D. Plamondon Regional District Staff K. Arcuri Regional District Staff I. Lawrence Regional District Staff B. Magnan Regional District Staff T. Cashin Regional District Staff K. Roth Regional District Staff L. Hartley Regional District Staff C. Boechler Regional District Staff (Recording) Not in Attendance: R. Hobson City of Kelowna Guests: Keith Funk, New Town Planning. J. McDonald Property owner Colin Cruikshank representative for Bylands Gary Yates Property owner Darryl Arsenault- EBA Engineering Joey Bryant Ministry of Transportation Robyn Clifford Ministry of Transportation Corinne Derrickson Westbank Frist Nation Other members of the public were in attendance, but not introduced. 1. Adoption of the January 12 th, 2005 Minutes. DINWOODIE/SHEPHERD THAT the minutes of the January 12 th, 2005 be adopted. 2. Goats Peak Neighbourhood Plan (NP). Leah Hartley made a brief introduction to the Goats Peak Neighbourhood Plan. One year ago property owners commissioned a consultant to develop the Goats Peak Neighbourhood Plan (NP) In December 2004 the Planning Services Department received a written proposal to adjust the NP boundary. The proposal was not supported by the Director of Planning Services, but prompted today s submission to the P & E Committee

2 Page 2 of 7 A second proposal has been submitted by New Town Planning, agent for the lakeshore property owners. Ministry of Transportation & Westbank First Nation representatives are present to answer any questions. Keith Funk New Town Planning Services made a PowerPoint presentation in regards to the new proposal: (See attached) Two planning phases Separate infrastructure and servicing nodes. Discussion and questions ensued between committee members, staff, Mr. Funk, Ministry of Transportation (MoT) and Westbank First Nation (WFN) representatives pertaining to: Timing of two neighbourhood plans or phases. Interest in industrial reserve. Feasibility of connecting to Peachland sewer trunk main. Wildlife corridors. Nature trails. Footprint of development. Road connections and precluding options. WFN interests. Commitment to a holistic infrastructure plan. DINWOODIE/SHEPHERD That Regional District staff work with the consultants, property owners and referral agencies to develop the Goats Peak Neighbourhood Plan in two zones (lakeshore and upland areas) with an integrated review of servicing options and infrastructure agreements. The Committee anticipates that staff and the proponents will bring a report to the Regional Board outlining a two zoned planning process that meets the interests of property owners, the Regional Board and other agencies. 3. Kelowna Dirt Bike Club. DINWOODIE/KNOWLES THAT the Planning and Environment Committee allow any members of the bench to speak regarding this report. Kelly Roth, Director of Inspections Services made a presentation regarding the concerns raised by surrounding residents with regards to the noise levels for the Kelowna Dirt Bike Club. Quite a difficult situation, which is causing major grief for the surrounding residents. The recommendation will not appease both parties involved but hopefully alleviate some of the problems. Chad Sinclair President of the Kelowna Dirt Bike Club. Have built a berm at the lower end of the site, which is 15 to 20 feet high. Trying to be responsible and rectify the problem. Understand the neighbourhood concerns and trying to work it out.

3 Page 3 of 7 Trying to get the noise level down and feel that we will be able to do so. Looking at amending the north end of the track. Trying to find ways to make the motorcycles quieter. Can the club live with a 52-decibel level limit? Chad Sinclair President of the Kelowna Dirt Bike Club. Probably is attainable but cannot guarantee that it will happen. Empathy with property owners, wondering if there is an opportunity to fully muffle the bikes in practice sections? Would there be an option to plant trees on top of the berms? Chad Sinclair President of the Kelowna Dirt Bike Club. Actively pursing the option of muffling the bikes. Trees on the berms is also an option and will look into doing so, though getting trees big enough and keeping them watered may prove to be a challenge. As the Board supported this club, they should help with rectifying the noise issue. Young people riding are being exposed to high levels of noise need to work on changing that. Recommend having some type of partnership to raise money to help resolve the problems. Lakeview Irrigation District Don Dobson The issue for the Irrigation District is not from noise but event days. When people come to the events they camp and participate in recreational activities in the area of the watershed, which is a concern for the Irrigation District. There is no designated area for camping in this area but camping still goes on. Find human waste and garbage in the streams, which the Irrigation District has to clean up. The sensitive ecosystem inventory that was done has areas designated above the watershed. Concerned with increased use and the effect on the water supply. Needs the committee to take this into consideration for controlling the camping and recreational activities in the area. Do you have nay control to take action? Does the water officer know about this issue? Lakeview Irrigation District Don Dobson The water officer has been contacted and the Irrigation District will have a meeting with him to discuss the concerns. Is there any evidence that it is that dirt bike club members that are camping the area, especially on event weekends?

4 Page 4 of 7 Need to work with Dirt Bike club to inform event participants that there is no available camping in the area. Is there any signage in the area or waste receptacles in the area? Lakeview Irrigation District Don Dobson There is signage, and the barrels are not used as they need to be emptied and are often vandalized. Chad Sinclair President of the Kelowna Dirt Bike Club Camping has nothing to do with the club. Action Item: Need to forward a letter of support from the Board to the water officer with regards to the concerns raised by the Irrigation District. We do not have bylaws that can enforce no camping on crown land. Heather Larrat Area resident: All surrounding neighbours are concerned with the problems arising from the club. There has been no decrease in noise since the fall meeting. Because the word is out for this club it has brought more motorbikes to the area that may not be necessarily part of the club. Not alevaited the biking problems in the area Because the land is on a slope there will never be a proper decrease in noise. Victoria s noise bylaw is more restrictive with penalties attached. Carefully monitored the noise on event days within the homes and is still penetrates into the houses, even with all windows and doors closed. Victoria permits have noise restrictions attached to these special events permits. If special events are approved for 2005 then would like the Regional. District to follow Victoria s example. Would like the Regional District to seek out another location for the Kelowna Dirt Bike Club. The Regional District should perform a review of this club at the end of Blair Jean an area resident has agreed to donate machines and labour to build a new track in another location that is not near a residential neighbourhood or a watershed. The present site has serious flaws. Have had threats from motorcycle riders because of the concerns that the residents have voiced? Is the Brenda Mine site another option? Heather Larrat Area resident: The Brenda Mine site is not an option. Very difficult to control free riding through residential neighbourhoods. Because the Kelowna Dirt Bike Club is in a concentrated area, noise is going to be louder.

5 Page 5 of 7 Regional District to look at relocating the club. Committee supports this form of recreation as it includes young people. Parks and Recreation Commission should look at motor biking as a recreational sport. Should the Regional Board support the recommendation outlined in the report, the Regional District would monitor the sound, and if the club goes above the permitted noise level then their practices will be rescinded. HARRIMAN/DINWOODIE THAT the Inspections Services Department purchase a decibel reader for the Regional District and initiate a review of the noise bylaw to include decibel readings. There is no long-term solution for this problem other than moving the location. The Victoria Noise Bylaw equates to race events not practices. On special events day would the Victoria Bylaw requirements be attainable? Chad Sinclair President of the Kelowna Dirt Bike Club It is not attainable. SHEPHERD/DINWOODIE That the Planning Committee recommend to the Regional Board that: 1. The Board approve special event permits for the Kelowna Dirt Bike Club pursuant to the Regional District Central Okanagan Noise Control Bylaw for race meets on April 16 and 17, 2005; May 14 and 15, 2005; and September 10 and 11, 2005, between the hours of 9:00 a.m. and 6:00 p.m.; and 2. The Board approve special event permits for Wednesday practices between 3:00 p.m. and 9:00 p.m. and Sunday practices between 9:00 a.m. and 3:00 p.m. on the dates listed on the Kelowna Dirt Bike Club s application for special use permit 2005, subject to the K.D.B.C. limiting the sound effects from the use of the facility to a maximum of 52 decibels outside of and adjacent to any residence in the area during the practice times. 3. Obtain clarification on KDBC s Noise reduction plan Races page. 4. Have a clearly defined protocol if noise levels exceed CORD s designations. 5. Actively seek out another, more appropriate location with the cooperation of the region. 6. Review the track at the conclusion of 2005 in terms of track operation, KDBC efforts to move riders away from residences, monitored impacts from riding/camping associated with race events and practices.

6 Page 6 of 7 Would like the Parks and Recreation Department to be involved in finding another location for the club. Need open communication with all parties involved. Should have the water purveyors included in the discussions. 4. Foreshore Planning Options Dan Plamondon made a brief presentation summarizing what has been done so far with regards to foreshore planning. Broad leases cause some concerns as the property owner will than have jurisdiction of what they can do within that leased area without going back to the leaser for any changes that they may want to do. If there is a zone for the foreshore area then this would allow the Regional District to have more authority on what happens in the subject area although Land and Water B.C. Inc. would still have the final approval. Private moorage guidelines are already in place with the Land and Water B.C. Inc. Part of this process would be to review the private moorage guidelines and voice any concerns that we may have with Land and Water B.C. Inc. Request that Land and Water B.C. Inc. bring the Regional District into the discussions of reviewing these guidelines. Do we have the budget and staff time for this project? Budget and timelines still needs to be looked at and a report will be brought forward to the Regional Board with a recommendation. It would be better to have a plan in place. Brent Magnan, Habitat technician made a power point presentation regarding foreshore inventory that was completed in the last several years. (See attached). 121 km of shoreline was covered. 165 segments within the study area Would the inventory study be available on the Internet? Would eventually be on the Internet and also will be made available on disc.

7 KNOWLES/SHEPHERD Page 7 of 7 THAT the Planning and Environment Committee supports the proposal of preparing a Terms of Reference for development of a Shore Zone Plan 5. Other Business a) Mayor Rolly Hein There was a Regional ESA Report that was completed in the 1980 s, will look into it and will discuss with the committee at a future date. b) Anticipated Application Costs: Dan Plamondon made a presentation regarding the land use contract discrepancy for Mr. Fitzner s property. Mr. Fitzner feels that he should not be required to pay the fees for discharging the Land Use Contract from his property, as he should have been included in the previous discharge of surrounding properties. No written proof has been given to the Planning Services Department by Mr. Fitzner that his property should have been included in the initial discharge. SHEPHERD/CANNAN THE Planning and Environment Committee supports the recommendation not to charge Mr. Fitzner the cost of discharging the Land Use Contract if Mr. Fitzner can provide the Regional District written proof that his property should have been included in the initial discharge. Meeting adjourned at 12:05 a.m. Certified to be true and correct. Len Novakowski (Chair) H:\PLANNING\0540-Board_Committees\20-Committees\Planning_Environment\Mintues\2005\Feb 9 2nd copy.doc