District of Summerland REGULAR COUNCIL MEETING AGENDA

Transcription

1 District of Summerland REGULAR COUNCIL MEETING AGENDA April 26, :00 p.m. Council Chambers Municipal Hall, Henry Ave. Summerland, BC Page Adoption of Minutes 1.1 Adoption of Minutes THAT the Special Meeting Minutes dated March 29, 2010 be adopted. 1.2 Adoption of Minutes THAT the Regular Council meeting minutes dated April 12, 2010 be adopted. 2. Resolution to Amend the Agenda 3. Public Hearing 4. Delegations (maximum 5 minutes per delegation) 4.1 Edith Arnold - Presentation of Petition regarding Irrigation Meters 5. Mayor's Report 6. CAO's Report 7. Unfinished Business Correspondence 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to remove properties south of Thornber Rd. from the Agricultural Land Reserve Page 1 of 24

2 Page 9. Development Services Department Reports 10. Staff and Other Reports 10.1 Recommendations from the Committee of the Whole Recommendation from the Engineering Services Committee 10.3 Memo from Director of Parks and Recreation re Camping at Dale Meadows Park - Masters Softball Tournament, July 16-18, 2010 THAT the Masters Softball Tournament scheduled for July 16, 17, and 18, 2010 be authorized to allow self-contained camping at Dale Meadows Park on a one time trial basis Alternative Approval Process - Bylaw , Loan Authorization Bylaw for RCMP Building Construction THAT 4:00 p.m. on Monday, June 7, 2010 be set as the deadline for receipt of elector responses by the Corporate Officer with respect to the Alternative Approval Process for Bylaw ; AND THAT the form attached to the report from the Corporate Officer dated April 26, 2010 be the approved form for the elector responses to the bylaw; AND FURTHER THAT the number of elector responses required to prevent Council from proceeding without the assent of the electors by referendum be New Business Bylaws 12.1 Bylaw Rezoning of 7218 Kirk Ave. to allow a three lot subdivision (Summerland Engineering and Machinery Ltd.) Resolution to require Excess Services - Memo from Manager of Development Services THAT Bylaw be adopted. Recommendation if bylaw adopted: THAT Council pass a resolution pursuant to Section 939 of the Local Government Act to require construction of Kirk Avenue beyond the centre line of the road to include, as a condition of subdivision, a gravel road base, a 7.2m paved surface and a flat concrete curb on the east Page 2 of 24

3 Page 12. Bylaws side of Kirk Ave right-of-way fronting 7207 Kirk Ave. (Lot 9, DL 508 ODYD PLan Bylaw Five Year Financial Plan (establishes 2010 Budget) THAT Bylaw be adopted Bylaw Final Budget for the Year 2009 THAT Bylaw be adopted Bylaw Annual Property Tax Bylaw, 2010 THAT Bylaw be adopted Bylaw Revenue Anticipation Borrowing Bylaw THAT Bylaw be adopted. 13. Councillor's Report 14. Adjourn 15. Public Question Period Page 3 of 24

4 1 Special Meeting of Council March 29, 2010 A Special Meeting of Council of the District of Summerland was held in Council Chamber, Henry Avenue, Summerland, B.C. on Monday, March 29, 2010 at 8:30 a.m. Council members in attendance were: Mayor Janice Perrino, Councillors L. Christopherson, G. Clark, B. Hallquist and K. Roberge. Council member absent: S. Elia and J. Kyluik. Staff members in attendance were: Chief Administrative Officer D. DeGagne, Director of Finance K. Ostraat, Corporate Officer G. Matthews, Director of Engineering and Public works D. Darling, Manager of Development Services I. McIntosh, Manager of Engineering J. Holtjer, Superintendent of Public Works D. Hill and Deputy Corporate Officer M. Fugeta. (* denotes partial attendance) 1. CALL TO ORDER Mayor Perrino called the meeting to order at 8:30 a.m. 2. TENDER AWARD PRAIRIE VALLEY ROAD AND ROSEDALE AVE The Director of Engineering and Public Works recommended that Council move to an in-camera meeting for further discussions on the tender award regarding solicitor-client advice, and possible negotiations related to a proposed provision of a municipal service. 3. RESOLUTION TO CLOSE MEETING TO THE PUBLIC Moved by Councillor Clark, Seconded by Councillor Hallquist, THAT this meeting now be closed to the public pursuant to Section 90(1)(i) and (k) of the Community Charter for Council to deal with matters relating to the following: the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public. 4. TERMINATION The Special Meeting of Council went into a closed session at 8:32 a.m. and subsequently terminated at 9:00 a.m. Certified Correct: Mayor /mf Corporate Officer 1.1 Adoption of Minutes Page 4 of 24

5 1 Regular Council April 12, 2010 The Regular Meeting of the Municipal Council of the District of Summerland was held in Council Chambers, Henry Ave, Summerland, B.C. on Monday, April 12, 2010 at 7:00 p.m. Council members in attendance were: Mayor J. Perrino, Councillors G. Clark, S. Elia, J. Kyluik and K. Roberge. Council members absent: L. Christopherson and B. Hallquist. Staff members in attendance were: Chief Administrative Officer D. DeGagne, Director of Finance K. Ostraat, Corporate Officer G. Matthews, Manager of Development Services I. McIntosh and Deputy Corporate Officer M. Fugeta. (* denotes partial attendance) 1. CALL TO ORDER Mayor Janice Perrino called the meeting to order at 7:00 p.m. 2. RESOLUTION TO AMEND THE AGENDA By consensus, members agreed to move the presentation from Phil Hawkes of FortisBC to first item. 3. ADOPTION OF MINUTES Moved by Councillor Elia, Seconded by Councillor Roberge, THAT the minutes of the Regular Council meeting dated March 22, 2010 be adopted. 4. DELEGATION EARTH HOUR CUP PRESENTATION FROM PHIL HAWKES, FORTIS BC Phil Hawkes of FortisBC presented the Mayor with the Earth Hour Cup award. He advised that Summerland beat out Penticton and Kelowna, coming on top on a per capita basis pledging support during the competition. 1.2 Adoption of Minutes Page 5 of 24

6 2 Regular Council April 12, PUBLIC HEARING - BYLAW KIRK AVE (SUMMERLAND ENGINEERING AND MACHINERY LTD.) TO REZONE THE PROPERTY TO ALLOW A THREE LOT SUBDIVISION The Corporate Officer read the public hearing statement at 7:05 p.m. The Manager of Development Services provided a summary of the application. Mayor Perrino invited the land owner and/or public to speak to the application. George Gianotti, Agent for the Applicant acting on behalf of the applicant, Summerland Engineering and Machinery Ltd. noted the layout on display is not current, that the width of southern lot has been increased advised that the developer will be providing full paving of Kirk Avenue and buffering as required per subdivision guidelines Members discussed the following: buffering requirements proposal satisfies the requirements of RSD1 zoning setback requirements on the west and south side of property height of proposed buffering covenant to be requested regarding buffering at subdivision stage Angie Zalo representing the Cashion family who is not in support of the application and read a letter from the Cashion family Steve Kentel, 7404 Kirk Ave against the proposal and rezoning needs to be wisdom in development One member stated that he had spoken to Mrs. Cashion and she had requested a deferral of consideration of the rezoning matter as no member of her family was able to attend tonight s meeting. He advised Mrs. Cashion that he was prepared to introduce the request to Council. Another member advised that council has received a letter outlining the concerns of the Cashion family and that the applicant has met all necessary requirements regarding the rezoning and felt that the matter should be dealt with tonight. Mayor Perrino agreed that there had been fair representation from the neighbour s at tonight s meeting. 1.2 Adoption of Minutes Page 6 of 24

7 3 Regular Council April 12, 2010 Moved by Councillor Roberge, Seconded by Councillor Elia, THAT Council adjourn this Public Hearing regarding Bylaw to rezone the property located at 7218 Kirk Avenue to allow a three lot subdivision to next Council meeting date of Monday, April 26, 2010 in order to allow the Cashion family to attend. Mayor Perrino, Councillors Clark, Kyluik and Roberge opposed. Public Hearing closed at 7:29 pm. DEFEATED One member requested further clarification on the District s buffering guidelines in relation to the matter of zoning and subdivisions. 6. BYLAW REZONING, 7218 KIRK AVE (SUMMERLAND ENGINEERING AND MACHINERY LTD.) Moved by Councillor Roberge, Seconded by Councillor Clark, THAT Bylaw be read a second and third time. Mayor Perrino opposed. 7. MAYOR S REPORT Pink shirts displaying Bullying Stops Here worn by Mayor, Council and staff tonight to recognize Pink Shirt Day April 14, 2010 April is Cancer Awareness month RCMP open house Wednesday, April 14, 2010 at 7:30 pm in Council Chambers SCEDT Annual General Meeting held March 23 rd March 7 th Summerland Marketing Workshop Sod Turning Ceremony April 7, 2010 with Bill Barisoff and Stockwell Day Earth Day Event April 25, 2010 from 10:00am to 1:00pm at Dale Meadows Sports complex 8. CAO S REPORT Environmental Open House March 25, 2010 very positive response Economic Development Strategy workshops discussing community marketing and key messaging Canadian Firefighters Curling Championship held in Regina, Saskatchewan last month. Firefighter Rob Robinson won best 2 nd position and Aubrey Neff award 1.2 Adoption of Minutes Page 7 of 24

8 4 Regular Council April 12, DEVELOPMENT VARIANCE PERMIT SUPPLEMENTAL REPORT 1702 THORNBER ST TO VARY THE NUMBER OF STORIES IN A PROPOSED DWELLING (REQUEST FOR REAR YARD SETBACK VARIANCE HAS BEEN DROPPED) Corporate Officer advised that Council had heard previously from the public on this application and there was no requirement to hear public comments at this meeting. The Manager of Development Services outlined proposed variance and advised that the applicants have since adjusted their plan to remove the setback variance, however they are still applying for a three storey structure. One member stated that he appreciated the applicant s cooperation with staff and their neighbours in adjusting their application. Moved by Councillor Clark, Seconded by Councillor Roberge, THAT the Development Variance Permit application to vary section of the Zoning Bylaw to increase the number of stories from 2 to 3 for 1702 Thornber St. (Lot 3, DL 508, ODYD, Plan 18250) for the house shown on Schedule B attached to the report of the Manager of Development Services dated April 12, 2010, be granted. 10. DEVELOPMENT PERMIT HENRY AVENUE (P. & J. ROGALL) TO CONSTRUCT A COMMERCIAL BUILDING The Manager of Development Services presented his report on the application and advised that it had also been reviewed by the Summerland Design Committee. Moved by Councillor Kyluik, Seconded by Councillor Clark, THAT a Development Permit to authorizing construction of the commercial building shown on Schedule B attached to the report from the Manager of Development Services dated March 29, 2010 for Henry Avenue. (Lot 24, DL 3640, ODYD, Plan 954) be approved subject to: Windows containing window grids (mullions) Windows not having a clear anodized aluminum finish Exterior finish being stucco Exterior lighting being a heritage style fixture 1.2 Adoption of Minutes Page 8 of 24

9 5 Regular Council April 12, REPORT FROM THE MANAGER OF DEVELOPMENT SERVICES RE: RELEASE OF COVENANT REGISTERED AGAINST THE TITLE OF 5815 HWY 97 REQUIRING THE CONSTRUCTION OF SIDEWALK ON THE NORTH SIDE OF JOHNSON ST EAST OF HWY 97 The Manager of Development Services explained that the Ministry of Transportation and the District s Engineering Department have requested to have the sidewalk installation on the south side of Johnson Street, rather than the north side of the intersection, due to recent upgrades to the pedestrian crossings. Initially, it was considered more appropriate to have these road improvements constructed on the north side of Johnson Street and a covenant was registered on the property requiring this adjustment. Since that time, the intersection has been upgraded to permit controlled pedestrian movements on all legs of the intersection. Staff are recommending that the covenant be released and the construction be installed on the south side of Johnson Street as required through subdivision regulation. Moved by Councillor Roberge, Seconded by Councillor Clark, THAT the Mayor and Corporate Officer be authorized to release covenant LB registered on the title of 5815 Hwy 97 (remainder Lot 13, DL 488, ODYD, Plan 310) 12. RELOCATION OF MUNICIPAL BUILDING PRAIRIE VALLEY ROAD The Director of Finance advised the property located at 9322 Prairie Valley Road is slated to be a parking area with the road improvement upgrades taking place on Prairie Valley Road and Rosedale Avenue. Moved by Councillor Roberge, Seconded by Councillor Elia, THAT Council direct staff to make the building located at 9322 Prairie Valley Road available to the public through a tendering process, on the condition that the building is moved and the property cleaned by the specified date outlined in the Tender. 13. WAIVER OF NOISE BYLAW FOR CONTINUATION OF WATER SEPARATION PROJECT PHASE I and II Moved by Councillor Clark, Seconded by Councillor Roberge, THAT Council waive Noise Bylaw and approve the following hours of work for the water separation project at Prairie Valley Rd and Victoria Rd S. * 6:00am to 10:00pm Monday to Saturday, * 7:00am to 7:00pm Sundays and Statutory Holidays, and * limited night construction, if necessary. 1.2 Adoption of Minutes Page 9 of 24

10 6 Regular Council April 12, LANDFILL HOURS OF OPERATION Mayor Perrino left Council Chambers at 7:55 pm stating that a member of her family is involved with Landfill operations. Councillor J. Kyluik took the seat as Chair. Moved by Councillor Roberge, Seconded by Councillor Clark, THAT Council authorize Sunday openings of the Summerland Landfill commencing April 1 to September 30, 2010 from 11:00 a.m. to 3:00 p.m., on a trial basis. 15. RDOS SOLID WASTE MANAGEMENT Moved by Councillor Clark, Seconded by Councillor Roberge, THAT Council approve staff s participation in the public review of the regional Solid Waste Management Plan as outlined in the letter dated March 12, 2010 from the Regional District Okanagan Similkameen (RDOS); AND THAT staff acknowledge and respond to the RDOS advising of their participation and interest in the public review. Mayor Perrino returned to the meeting at 8:00 p.m. 16. PARKS AND RECREATION COMMISSION RATE INCREASE Moved by Councillor Roberge, Seconded by Councillor Kyluik, THAT Council approve a rate increase of 3% per year for the Summerland Curling Club lease agreement and authorize the Mayor and Corporate Officer to sign the agreement. 1.2 Adoption of Minutes Page 10 of 24

11 7 Regular Council April 12, REQUEST FROM COMMUNITY CULTURAL DEVELOPMENT COMMITTEE FOR FREE USE OF CENTRE STAGE THEATRE FOR EARTH WEEK EVENT APRIL 22, 2010 Moved by Councillor Elia, Seconded by Councillor Clark, THAT Council grant the request to the Community Cultural Development Committee for free use of Centre Stage Theatre for Earth Week Event April 22, BYLAW ROAD CLOSURE AND REMOVAL OF HIGHWAY DEDICATION BYLAW, SARGEANT LANE Moved by Councillor Elia, Seconded by Councillor Roberge, THAT Bylaw be adopted. 19. BYLAW FIVE YEAR FINANCIAL PLAN (establishes 2010 Budget) The Director of Finance advised that the Finance Committee and staff have been working on the financial plan for the past number of months, which includes at 2.5% property tax increase. Moved by Councillor Roberge, Seconded by Councillor Kyluik, THAT Bylaw be read a first, second and third time. 20. BYLAW FINAL BUDGET FOR THE YEAR 2009 Moved by Councillor Clark, Seconded by Councillor Roberge, THAT Bylaw be read a first, second and third time. 21. BYLAW ANNUAL PROPERTY TAX BYLAW 2010 Moved by Councillor Clark, Seconded by Councillor Roberge, THAT Bylaw be read a first, second and third time. 1.2 Adoption of Minutes Page 11 of 24

12 8 Regular Council April 12, BYLAW REVENUE ANTICIPATION BORROWING BYLAW Moved by Councillor Elia, Seconded by Councillor Kyluik, THAT Bylaw be read a first, second and third time. 23. COUNCILLOR S REPORT Councillor Clark Okanagan Basin Water Board is promoting a program called Drought Proofing the Okanagan, information on this can be found on their website at OBWB.ca 24. ADJOURNMENT The meeting adjourned at 8:10 p.m. Certified Correct: Mayor Corporate Officer /mf 1.2 Adoption of Minutes Page 12 of 24

13 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to Page 13 of 24

14 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to Page 14 of 24

15 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to Page 15 of 24

16 THE CORPORATION OF THE DISTRICT OF SUMMERLAND Briefing Note Date: April 22, 2010 To: Mayor and Council From: Ian McIntosh, Manager of Development Services Subject: Request to initiate a block ALR Exclusion application for eight properties on the south side of Thornber St in the Trout Creek neighbourhood Submitted By: Okanagan Development Consultants Inc. It is recommended: THAT that Council not consider a block ALR Exclusion application unless all affected property owners agree in writing. C.A.O.'s Comments: C.A.O.'s Initials Background: A letter has been received from Okanangan Development Consulting Inc. requesting that Council consider a block ALR Exclusion application for eight lots on the south side of Thornber St in the Trout Creek neighbourhood. A map included with the letter notes that four of the eight property owners in the area wish to apply for exclusion from the ALR. It is noted that the four property owners in support of the application are not adjacent to each other. Generally applications for exclusion from the ALR are made by interested property owners and are processed on an individual basis. Applications are made to the Agricultural Land Commission (ALC) however are submitted to the local government and must receive local government support to be considered by the ALC. The application process requires posting of signs in accordance with the ALC regulations and notices placed in local newspapers prior to applying to the local government. Individual property owners may only make application for their own property and an application has a $600 fee. Local governments may also make application to exclude lands within the local 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to Page 16 of 24

17 government s jurisdiction from the ALR. In these cases multiple lots can be included on the same application. Applications from local governments follow a slightly different process and require a public hearing to be held in addition to posting a sign and advertising in the local newspapers prior to submitting the application to the Agricultural Land Commission for consideration. Conclusion: A full review of this request has not been completed. If excluding this area from the ALR is worthy of consideration, it would be more reasonable to consider the area as a whole rather that one parcel at a time. Staff do not believe it is appropriate for Council to initiate a block application unless all the affected property owners agree and a full review by staff indicates such an application has merit. The first step is to have the author of the letter secure written support from all affected property owners. Once agreement from all owners is received, staff can undertake a full review of the issue. Respectfully Submitted Ian McIntosh Manager of Development Services 8.1 Letter from Okanagan Development Consultants Inc. requesting that the District submit a Block ALR Appeal to Page 17 of 24

18 DISTRICT OF SUMMERLAND MEMORANDUM Date: April 19, 2010 To: From: Council Councillor B. Hallquist, Chairman Subject: Recommendation from the Engineering Services Committee April 19, 2010 The following recommendation is forwarded to Council from the April 19, 2010 Engineering Services Committee meeting: 1. SANITARY SEWER INSTALLATIONS THAT the Engineering Services Committee recommend that Council direct staff to prepare a Master Plan for Sanitary Sewer Expansions, with priority given to the Front Bench and Happy Valley areas. Councillor B. Hallquist Chairman 10.2 Recommendation from the Engineering Services Committee Page 18 of 24

19 THE CORPORATION OF THE DISTRICT OF SUMMERLAND REPORT Date: Thursday, 22 April 2010 To: Mayor and Council From: Dale MacDonald Subject: Masters Softball Tournament Property: Dale Meadows Park That the Masters Softball Tournament Scheduled for July 16, 17, be authorized to allow self contained camping at Dale Meadow Park on a one time trial basis. C.A.O s Comments: Support as recommended. C.A.O. s Initials: DHD Purpose: To allow self contained camping at Dale Meadows Park to allow a large Masters Slo-Pitch tournament to be held in Summerland in Background: We have had a request to host a large Masters Slo-Pitch tournament in Summerland on July 16 th, 17 th, and 18 th The masters Slo-Pitch tournament is a multi age tournament with categories for 50 and over 60 and over and 70 and over and as part of hosting a Masters Slo-Pitch tournament self contained camping on site is recommended. Most units would be self contained RV s and no electricity or hook ups are required. The tournament is expected to have over 30 teams and become a regular event in Summerland. With this being a summer event camping would not interfere with soccer and the Memo from Director of Parks and Recreation re Camping at Dale Meadows Park - Masters Softball Page 19 of 24

20 tournament organizers would monitor the camping. The camping would be charged for and the Municipality would receive between $ and $ in additional revenue for this event. It would also not be a detraction from our Municipal campground as it is usually full at that time of the year. The tournament would bring many visitors to Summerland and competitors would also stay in motels or hotels in our area. Discussion: The request before Council is to allow self contained camping at Dale meadows Park for this one event on July 16 th, 17 th and 18 th 2010 and because camping is not normally authorized a decision by Council is needed. Respectfully Submitted Dale MacDonald Director, Parks and Recreation Memo from Director of Parks and Recreation re Camping at Dale Meadows Park - Masters Softball Page 20 of 24

21 DISTRICT OF SUMMERLAND MEMORANDUM Date: April 26, 2010 To: From: Subject: Mayor & Council Corporate Officer Alternative Approval Process Bylaw , Loan Authorization Bylaw for RCMP Building Construction THAT 4:00 p.m. on Monday, June 7, 2010 be set as the deadline for receipt of elector responses by the Corporate Officer with respect to the Alternative Approval Process for Bylaw ; AND THAT the form attached to this report be the approved form for the elector responses for this bylaw; AND FURTHER THAT the number of elector responses required to prevent Council from proceeding without the assent of the electors by referendum be 843. CAO s Comments: Support as recommended. Background: The Ministry of Community and Rural Development has now approved Bylaw which would authorize the borrowing of up to $3,125, for this project. It is therefore in order to proceed with the Alternative Approval Process on the bylaw. Council is required to establish the format for the elector response form, the deadline for the receipt of elector response forms, and the number of elector responses necessary to prevent Council from proceeding without the assent of the electors by referendum. Elector Number: Elections BC has confirmed that as of April 15, 2010 there were 8,427 provincial electors registered in Summerland. As Summerland does not have a voters list, and the requirements for registration as a provincial elector are the same as municipal electors, staff are recommending that the provincial number be used for our Alternative Approval Process. A minimum of 843 electors (10%) would have to respond in opposition to the bylaw in order to prevent Council from adopting the bylaw without the full assent of the electors by referendum. Elector Response Deadline: Council is required to establish the deadline for receiving elector response forms. The deadline must be at least 30 days after the second publication of a statutory notice in a newspaper. Staff are proposing that the advertising of this alternative approval process take place in the Summerland Review on April 29, 2010 and May 26, 2010 which means the deadline for receiving petitions will be 4 p.m. on Monday, June 7, Gillian Matthews G.D. Matthews, Corporate Officer Attachment: Elector Response Form Bylaw Alternative Approval Process - Bylaw , Loan Authorization Bylaw for RCMP Building Construction Page 21 of 24

22 BYLAW RCMP BUILDING CONSTRUCTION LOAN AUTHORIZATION BYLAW ALTERNATIVE APPROVAL PROCESS ELECTOR RESPONSE FORM I am OPPOSED to the Municipal Council of the District of Summerland adopting Bylaw which would authorize the District of Summerland to borrow up to Three Million, One Hundred Twenty-Five Thousand Dollars ($3,125,000.00) for the purpose of financing a portion of the cost of construction of the new RCMP building and the works and expenses incidental thereto. I, the undersigned, hereby certify that: I am eighteen years of age or older; and I am a Canadian Citizen; and I have resided in British Columbia for at least six months; and I have resided in OR have been the registered owner of real property (and have been designated as the elector in regard to that property) in the District of Summerland for at least 30 days; and I am not disqualified by the Local Government Act or any other enactment or otherwise disqualified by law from voting in local elections; and I am entitled to sign this alternative approval process elector response form, and have not previously signed an elector response form related to Bylaw All alternative approval process elector response forms must be received by the Corporate Officer, Administration Department, Municipal Hall, Henry Avenue, Box 159, Summerland, BC V0H 1Z0 on or before 4:00 p.m. on June 7, ELECTORS FULL NAME (Print NO initials) RESIDENTIAL ADDRESS (and address of real property in Summerland owned by elector if not resident) SIGNATURE OF ELECTOR NOTE: A person must not sign any alternative approval process elector response form more than once and may not withdraw his or her name from the alternative approval process elector response form after the deadline for submission of the petition has passed. You must meet the requirements above in order to sign this form. The number of electors of the District of Summerland is estimated to be 8,427. If 10% (843) of the estimated number of electors of the District of Summerland sign an alternative approval process elector response form opposing the adoption of the above noted bylaw, Municipal Council will not be able to proceed without then receiving the assent of the electors by referendum Alternative Approval Process - Bylaw , Loan Authorization Bylaw for RCMP Building Construction Page 22 of 24

23 THE CORPORATION OF THE DISTRICT OF SUMMERLAND Briefing Note Date: April 21, 2010 To: Mayor and Council From: Ian McIntosh, Manager of Development Services Subject: Excess or Extended Services Resolution LOT 1, DL 508, ODYD, PLAN Kirk Ave Property Owner: Summerland Engineering & Machinery Ltd It is recommended: THAT Council pass a resolution pursuant to Section 939 of the Local Government Act to require construction of Kirk Avenue beyond the centre line of the road to include, as condition of subdivision, a gravel road base, a 7.2m paved surface and a flat concrete curb on the east side of the Kirk Avenue right-of-way fronting Lot 9, DL508, ODYD, Plan 4339 (7207 Kirk Avenue). C.A.O.'s Comments: C.A.O.'s Initials Purpose: To have Council confirm the agreement between staff and the developer to complete the unconstructed portion of Kirk Avenue as a condition of the proposed three lot subdivision. Background: This application to rezone this property from RSD4 to RSD1 was given third reading at the April 12 Council meeting. When the property was initially rezoned from CR Bylaw Rezoning of 7218 Kirk Ave. to allow a three lot subdivision (Summerland Engineering Page 23 of 24

24 Country Residential to RSD4-Residential Single Detached, staff recommended Council pass an excess or extended services resolution pursuant to Section 939 of the Local Government Act requiring upgrading of Kirk Avenue. This resolution was requested as two-lot residential subdivisions are exempt from off-site servicing and this portion of Kirk Avenue is an unimproved gravel road. This resolution was agreed to by the owner and passed by Council. As a three lot subdivision is now contemplated, this exemption no longer applies and subdivision approval will require construction of concrete curb and gutter along the property frontage as well as the asphalt improvements. There have been a number of recent rezoning applications and anticipated subdivisions in this area. These include 7404 Kirk Ave, 7214 Nixon Rd and 7405 Kirk Avenue. These subdivisions will significantly upgrade the roads in this area including low impact drainage provisions in accordance with the District s Master Drainage Plan. These low impact drainage provisions include construction of a flat curb that allows the water to drain more freely while supporting the edge of the asphalt surface. This is typically a more cost effective solution than typical curb and gutter. In this case completing the upgrading of this short section of Kirk Avenue would require an additional 36m of flat concrete curb on the east side of the road at an estimated cost of $1600. The developer has agreed to this additional construction to finish this section of Kirk Ave. It is recommended that Council pass the resolution noted above requiring the provision of flat concrete curb along the east side of Kirk Avenue in addition to the normal upgrading requirements to confirm this agreement between staff and the developer. Respectfully Submitted Ian McIntosh Manager of Development Services 12.1 Bylaw Rezoning of 7218 Kirk Ave. to allow a three lot subdivision (Summerland Engineering Page 24 of 24