PUBLIC HEARING MEETING AGENDA

Transcription

1 PUBLIC HEARING MEETING AGENDA Monday, November 28, :00 PM Council Chambers Municipal Hall, Henry Ave. Summerland, BC Page 1. Call to Order 2. Notice of Public Hearing Notice of Public Hearing 3. Public Hearing Official Community Plan Amendment (Conkle Mountain Park) Bylaw No The intent of Bylaw No is to designate the District's portion of Conkle Mountain Park as Parks. Four (4) pieces of correspondence were received as of the publication date of the agenda (Thursday, November 24, 2016 at 1:00 p.m.): Bernadine Jacobs Carla Ohmenzetter David Gregory Simone Kutos Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No The intent of Bylaw No is to zone the District's portion of Conkle Mountain Park to PR1-Parks and Recreation. Four (4) pieces of correspondence were received as of the publication date of the agenda (Thursday, November 24, 2016 at 1:00 p.m.): Bernadine Jacobs Carla Ohmenzetter David Gregory Simone Kutos Page 1 of 45

2 Page 4. Adjournment 4.1 Adjourn If there is no further public input and Council does not wish to have a further staff report, then: THAT all written and verbal submissions regarding Bylaw No and Bylaw No up to and including November 28, 2016 be received and that the Public Hearing be adjourned. Page 2 of 45

3 VE RR IER S T ALI CE S T DA LE ME AD OWS RD DE NI KE ST PRAI RI E VALLEY RD DE NI KE ST SU THE RLA ND PL M OR RO W AV E PR AI RI E VALLE Y RD DA LE ME AD OWS RD LO OM ER R D SU MMER GA TE DR O TTLE Y A VE SU NS ET PL O TTLE Y A VE O TTLEY AVE DA LE ME AD OWS RD BA RN ES ST LO OM ER R D WALK ER AV E G ANZ EVE LD AVE DA RK E R D FE NWIC K RD BLA GB OR NE AV E PR AI RI E VALLE Y RD KA RLS TRO MPL HA RV EY ST SU THE RLA ND ST HA RV EY ST FY FFE Henry Ave, Box 159 Summerland BC V0H 1Z0 Tel: Fax: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Municipal Council will hold a Public Hearing to hear representations of persons who deem their interest in property affected by any of the proposed bylaw amendments listed below, at 7:00 p.m. on Monday, November 28, 2016 in the Council Chambers of the Municipal Office, Henry Avenue, Summerland, B.C.: Official Community Plan Amendment (Conkle Mountain Park) Bylaw No ; and Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No Location: North side of Conkle Mountain, indicated on the adjacent map Legal: DL 3318, ODYD Except Parcel C (Plan A30); DL 2891, ODYD, Except Plan 434 and Parcels H and K of Plan A30; Part Lot 25 South of the KVR, DL 476, ODYD, Plan 159; Lot 3, DL 476, ODYD, Plan 2895; Lot 1, DL s 439, 476 and 2891, ODYD, Plan 32870; Parcel B on Plan A16 of Lot 33, DL 439 ODYD, District Plan 218; Lot 27, DL 439, ODYD, Plan 218; and Lot 26, DL 439, ODYD, Plan 218 Except Plans B7766 and Present OCP Designation: Open Land and Agriculture Proposed OCP Designation: Parks Present Zoning: A1-Agriculture and FG-Forestry Grazing Proposed Zoning: PR1-Parks and Recreation Purpose: If Bylaw No is adopted, the subject land will be designated as Parks to reflect the current use of this municipally owned property. If Bylaw No is adopted, the subject land will be zoned PR1-Parks and Recreation to reflect the current use of this municipally owned property. HE RM IS TO N D DU RI CK A V WRI GH T AVE M OR RO W AV E RE YN OLD S AVE WRI GH T AVE SI NC LAI R RD HWY 40 (PRI NC ETO N- SU M ME RLAN D RD ) SU NS ET CR T CA RTW R IG HT AV E RE YN OLD S AVE WRI G HT AVE SI NC LAI R RD TA YLO R PL BA THV ILLE R D DO HE RTY A VE RU TH ERF OR D AVE M OR RO W AV E PR AI RI E VALLE Y RD G RAN T AVE SI NC LAI R RD PR IO R PL AI LEE N AVE RO SS A VE M IT CHE LL AVE DO HE RTY A VE HO LT AV E HO LT AV E HO LT AV E LI STE R AVE RU TH ERF OR D AVE RU TH ERF OR D AVE DO DWE LL A VE MOR RO W AV E PR AI RI E VALLE Y RD HA DD REL L A VE PR AI RI E VALLE Y RD SI NC LAI R RD DA LE ME AD OWS RD SI NC LAI R RD MILL EY AVE G ILLA RD AV E RI PP EN AV E HA DD REL L A VE LU MS DEN A VE G OU LD AVE FY FFE RD FE NWIC K RD PA RAD IS E RD 2.1 Notice of Public Hearing Page 3 of 45

4 13211 Henry Ave, Box 159 Summerland BC V0H 1Z0 Tel: Fax: Inquiries regarding the above proposed bylaws and all written representations should be directed to the Municipal Office, Henry Avenue, Summerland, BC, V0H 1Z0, or by to Copies of the bylaws and related documents are available for inspection on the Municipal website and at the Municipal Office during normal business hours (8:30 a.m. to 4:00 p.m.), Monday to Friday inclusive (excluding Statutory Holidays), up to and including November 28, Please note that all representations submitted to the District of Summerland in response to this Notice will form part of a public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The District considers the author s name and address relevant to Council s consideration of this matter and will disclose this personal information. The author s phone number and address are not relevant and should not be included in the representations if the author does not wish this information disclosed. Council will receive no representation after the conclusion of the Public Hearing., Corporate Officer Summerland Review November 17 & 24, Notice of Public Hearing Page 4 of 45

5 THE CORPORATION OF THE DISTRICT OF SUMMERLAND BYLAW NUMBER A BYLAW TO AMEND SUMMERLAND OFFICIAL COMMUNITY PLAN BYLAW NO (CONKLE MOUNTAIN PARK) The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows: 1. Official Community Plan Bylaw No is hereby amended by designating the following properties, known as Conkle Mountain Park, to Parks: DL 3318, ODYD Except Parcel C (Plan A30); DL 2891, ODYD, Except Plan 434 and Parcels H and K of Plan A30; Part Lot 25 South of the KVR, DL 476, ODYD, Plan 159; Lot 3, DL 476, ODYD, Plan 2895; Lot 1, DL s 439, 476 and 2891, ODYD, Plan 32870; Parcel B on Plan A16 of Lot 33, DL 439 ODYD, District Plan 218; Lot 27, DL 439, ODYD, Plan 218; Lot 26, DL 439, ODYD, Plan 218 Except Plans B7766 and This bylaw may be cited as Official Community Plan Amendment (Conkle Mountain Park) Bylaw No Read a first time this 14th day of November, Read a second time this 14th day of November, Notice given in accordance with the Local Government Act by way of publication in the Summerland Review on the 17th day and 24th day of November, Considered at a Public Hearing this day of, Read a third time this day of, Adopted by the Municipal Council of the District of Summerland this day of, Mayor Corporate Officer 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 5 of 45

6 THE CORPORATION OF THE DISTRICT OF SUMMERLAND COUNCIL REPORT DATE: November 14, 2016 TO: Linda Tynan, Chief Administrative Officer FROM: Ian McIntosh, Director of Development Services SUBJECT: Official Community Plan Amendment (Conkle Mountain Park) Bylaw No ; and Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No STAFF RECOMMENDATION: THAT Council pass the following resolutions: 1. THAT Official Community Plan Amendment (Conkle Mountain Park) Bylaw No be introduced and read for a first and second time; AND THAT a Public Hearing be scheduled for Monday, November 28, 2016 to receive public feedback on Bylaw No ; 2. THAT Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No be introduced and read for a first and second time; AND THAT a Public Hearing be scheduled for Monday, November 28, 2016 to receive public feedback on Bylaw No THAT staff be directed to prepare the appropriate bylaws to dedicate Conkle Mountain Park as parkland. PURPOSE: To consider amending the OCP and zoning bylaws to reflect the park use of Conkle Mountain and whether this area should be dedicated as park by bylaw. BACKGROUND and DISCUSSION: Current Use: Parcel Size: Zoning: OCP: M.o.T. Approval: Centennial Trail and Recreational Use 147ha (363ac) A1-Agriculture and FG-Forestry Grazing Open Land and Agriculture n/a 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 6 of 45

7 The north side of Conkle Mountain is comprised of eight separate parcels of land owned by the Municipality. A map showing the subject properties is included as Schedule A. In Summerland s centennial year 2006, one of the centennial projects was to protect Conkle Mountain as parkland. There were discussions over whether to dedicate this area as parkland, designate the lands as Park on the Official Community Plan, and/or rezone these lands to the Parks and Recreation zone. Council passed the following resolution on March 22, 2004: THAT DL Plan 2891 and DL 1, Plan be designated as a park without altering the zoning of the subject properties as requested by the Centennial Committee. It is noted that the legal descriptions included in the resolution are not correct. The correct legal descriptions should be DL 2891, ODYD, Except Plan 434 and Parcels H and K of Plan A30; and Lot 1, DL s 439, 476 and 2891, ODYD, Plan Only the two largest lots were included in the 2004 resolution. The recommendation in this report includes all eight lots that form the north side of Conkle Mountain. A record search has been unable to find any evidence that the OCP amending bylaw required to enact these changes was ever prepared or adopted by council. A plaque noting this area was dedicated as park on October 1, 2006 has been installed at the beginning of the Centennial Trail. A photo of the plaque is included as Schedule B. No evidence of a park dedication bylaw has been found. OCP The OCP provides guidance to the community as to the future use of particular areas of the municipality. Amending the OCP designation of this area to Park advises the community that the future use of this area is intended to be park. It appears clear that this was the intention of both community groups and council in The Centennial Trail and numerous hiking and biking trails are located in this area so it appears appropriate to designate this area as park on the OCP. Most of this area is designated as an Environmentally Sensitive Development Permit Area as the land is undeveloped. Should any significant development of this property be considered in future, an environmental assessment and Development Permit would be required. Zoning Section of the zoning bylaw notes that park use is permitted in all zones. While this means a park use can be undertaken irrespective of zoning, it is confusing and conflicts with the zoning map. The Parks and Recreation Zone PR1 provides a zone to accommodate open space and outdoor community recreation uses. This is the appropriate zoning to allow the current recreational uses to continue. Should future development require an environmental assessment that identifies areas of particular sensitivity, a portion of the site may warrant the PP-Preservation and Protection zone. 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 7 of 45

8 Park Dedication The plaque that has been erected at the beginning of the Centennial Trail notes that this area has been dedicated as park. Evidence of such a bylaw has not been found. Section 30 of the Community Charter authorizes a council, by bylaw, to reserve or dedicate real property owned by the municipality. Dedication by bylaw is a more powerful tool than simply designating and zoning a property as park. OCP and zoning controls the use of a particular property but can be changed by a majority vote of Council. Dedicated parks can only be used for park purposes and such dedication, either through subdivision, or by bylaw, can only be removed by the adoption of a bylaw with the approval of the electors S30(3)CC. This essentially means that a park dedication can only be removed through referendum or the alternative approval process. Parks that are dedicated through subdivision, or created by bylaw, can only be disposed of with the approval of the electors, in exchange for other land suitable for park purposes, or with the proceeds placed in a reserve fund for the purposes of acquiring park lands. Park dedication limits the flexibility that councils have with respect to use of such property. Circulation The application will be circulated to neighbouring properties as required. This application has not been presented to the Advisory Planning Commission as it appears to be a housekeeping matter that was requested by a previous council but never completed. Council could refer the matter to the Advisory Planning Commission. The matter was discussed at the Heritage Advisory Committee meeting held October 19, 2016 where they passed the following motion: THAT the Heritage Advisory Commission recommend that Council direct staff to complete the process required to dedicate Conkle Mountain, Priest Camp and Fur Brigade Trail parks as parkland. Section 475 of the Local Government Act requires council to consider whether consultation on this OCP amendments are required with the RDOS, adjacent municipalities, first nations or other Provincial agencies or Federal agencies. Staff are suggesting the nature of this bylaw does not require consultation with these agencies as the land use is not changing. District staff are therefore satisfied that all appropriate consultation has taken place. The requirements of Section Consultation during OCP development of the Local Government Act have therefore been fulfilled. The proposed bylaw amendment has been forwarded to the Okanagan Skaha School District 67 for consultation. The requirements of Section 476 Planning of School Facilities have therefore been fulfilled. The proposed bylaw amendment has been considered in conjunction with the District of Summerland s financial plan and waste management plan. The requirements of Section 477 Adoption procedures have therefore been fulfilled. LEGISLATION and POLICY: Community Charter: Section 30 Reservation and dedication of municipal property Section 27 Exchange or other disposal of park land 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 8 of 45

9 FINANCIAL IMPLICATIONS: There are no immediate financial implications with respect to the OCP and zoning amending bylaws, or a park dedication bylaw. The property is currently used for recreation purposes and is owned by the District. There may be future financial implications if the property is dedicated as park and some future council wishes to development some commercial use that may not be deemed to be a park purpose. CONCLUSION: It was council s wish in 2004 to designate Conkle Mountain as park on the Official Community Plan. It is believed that a zoning change was not recommended as park is an allowable use in any zone. Dedication was not indicated in any paperwork that can be found however a plaque has been installed at the existing trail head indicating Conkle Mountain was dedicated as park on October 1, This land is used for park purposes, is indicated as park by signage that has been in place for 10 years and is home to a portion of the TransCanada Trail. There does not appear to be any reason why this municipal land should not be designated as park on the OCP, zoned PR1-Parks and Recreation, and dedicated as park by bylaw. OPTIONS: 1. Move the motion as recommended by staff. 2. Refer back to staff for other options. Respectfully Submitted, Approved for Agenda Linda Tynan, CAO Ian McIntosh Director of Development Services 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 9 of 45

10 VE RR IER S T ALI CE S T DA LE ME AD OWS RD DE NI KE ST PRAI RI E VALLEY RD DE NI KE ST PR AI RI E VALLE Y RD DA LE ME AD OWS RD LO OM ER R D SU NS ET PL O TTLEY AVE DA LE ME AD OWS RD BA RN ES ST LO OM ER R D DA RK E R D FE NWIC K RD BLA GB OR NE AV E HA RV EY ST PR AI RI E VALLE Y RD SU THE RLA ND ST HA RV EY ST FY FFE RD Schedule A Map of Subject Properties HE RM IS TO N DR SU THE RLA ND PL DU RI CK A VE WRI GH T AVE M OR RO W AV E M OR RO W AV E SU MM ER GA TE DR RE YN OLD S AVE WRI GH T AVE SI NC LAI R RD HWY 40 ( PRI NC ETO N- SU M ME RLAN D RD ) SU NS ET CR T CA RTWR IG HT AV E G ANZ EVE LD AVE RE YN OLD S AVE WRI G HT AVE SI NC LAI R RD TA YLO R PL BA THV ILLE R D DO HE RTY A VE RU TH ERF OR D AVE M OR RO W AV E O TTLE Y A VE O TTLE Y A VE PR AI RI E VALLE Y RD KA RLS TRO M PL G RAN T AVE SI NC LAI R RD PR IO R PL AI LEE N AVE RO SS A VE M IT CHE LL AVE DO HE RTY A VE HO LT AV E HO LT AV E LI STE R AVE RU TH ERF OR D AVE RU TH ERF OR D AVE DO DWE LL A VE M OR RO W AV E PR AI RI E VALLE Y RD HA DD REL L A VE PR AI RI E VALLE Y RD WALK ER AV E SI NC LAI R RD SI NC LAI R RD HO LT AV E DA LE ME AD OWS RD M ILL EY AVE G ILLA RD AV E RI PP EN AV E HA DD REL L A VE LU MS DEN A VE G OU LD AVE FY FFE RD FE NWIC K RD PA RAD IS E RD 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 10 of 45

11 Schedule B Photo of Plaque Mounted at Entrance to Centennial Trail 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 11 of 45

12 Karen Jones From Sent: lo: Subject: Importance: Bernadine Jacobs < b November 1-3,2016 6:L0 PM Mayor and Council; Peter Waterman; Janet Peake; Erin Carlson; Erin Trainer; Richard Barkwill;Toni Boot; Doug Holmes Rezoning Conkle Mountain High I strongly believe that Conkle Mtn should remain agricultural/ forestry graz ng. We do not have enough areas for off leash walking w th our dogs as it is, and Conkle Mtn is a great place to go to allow the dogs to run. We need to keep what agricultural land we have agricultural, that is what built this town!! Bernadine Jacobs 6114 Solly Road Summerland, BC v0h 121 Fife: Copyto: Action - l,rf r 'f i'í.;: - llayor, -:., _cao -Council -z Council Conespondence - Reading File: ltem: Refened to -Agenda Completed by: Official Community Plan Amendment (Conkle Mountain Park)... Page 12 of 45

13 Karen Jones From: Sent: To: Cc: Subject: Carla Ohmenzetter November 'J.4,20L6 3:48 PM Janet Peake Doug Holmes; Erin Carlson; Erin Trainer; Peter Waterman; Richard Barkwill; Toni Boot FW: OCP &. Zoning amendments Dear Councillor Janet, thank you for the opportunity to speak to the issue of OCP and Zoning amendments to Conkle Mountain Park on the November L4th agenda. While I recognize staff's desire to follow through with outstanding issues going back many years relating to Conkle Mountain, I am concerned that the November L4th report to council does not fully outline or address that there are many historical and existing uses of this area within the community. l, along with many others believe that changing the zoning or designation of this area should be through a full public consultation process since many of these existing varied, and multi-faceted uses would not be allowed under a park dedication. Further, changing the designation to allow for park dedication now would require significant work in the future on subsequent bylaw development to recognize and accommodate all these existing users. May I suggest that, at this time, you and fellow council members, recognize that the staff report does not fully address that there are many varied existing uses. Such as including hiking, biking as well as riding trails as an example in the report. Also, please recognize that the appropriate significant public consultation should be awarded this area and that the re-zoning and OCP amendments for Conkle Mountain be put aside until that can take place such as through an inclusion or re-write of the dated Parks & Recreation Master Plan. Thank you for your time given this matter, sincerely, Carla File: Action Acknowledged: Copy to: )., iïxm)@t' _cao r{å Council Coreseon ence _ Reading Fiþ: _Agenda ltem: - - Refened to Completed by: Official Community Plan Amendment (Conkle Mountain Park)... Page 13 of 45

14 Tricia Mayea Subject: FW: Conkle Park: a dedicated park From: David Gregory ] Sent: November 20, :27 PM To: Peter Waterman <pwaterman@summerland.ca>; Erin Trainer <etrainer@summerland.ca>; Janet Peake <jpeake@summerland.ca>; Richard Barkwill <rbarkwill@summerland.ca>; Toni Boot <tboot@summerland.ca>; Erin Carlson <ecarlson@summerland.ca>; Doug Holmes <dholmes@summerland.ca> Cc: Karen Jones <kjones@summerland.ca> Subject: Conkle Park: a dedicated park Council: There are a few things you should be aware of; I was the Mayor during Summerland s centennial celebrations in The creation of Conkle Mountain Park was one of three centennial projects in 2006 ( also Centennial Trail and Fur Brigade Trail Linear Park) 2. Council hired additional staff for our centennial activities so that it would not be additional burden on existing staff 3. A Centennial Committee was formed in which developed centennial events ( such as the boat light show) and lasting legacies (parks). The public was invited to ALL of these meetings. 4. A primary focus of the committee was environmental protection 5. The three most sensitive sites requiring additional environmental protection in Summerland are a) the foreshore at Prairie, Aeneas and Trout Creeks b) the Trout Creek Ecological Reserve and c) the provincial deer reserves at the northern end of Garnett Valley owned by the province, within municipal boundaries. 6. A primary reason why Conkle Mountain Park and the Brigade Trail Park were created was to provide a environmental buffer to these sensitive sites. 7. If permitted uses are increased in these dedicated centennial parks.to allow bikes, horses, dogs into these areas the main reason for creating these parks will be lost. This is just plain DUMB Official Community Plan Amendment (Conkle Mountain Park)... Page 14 of 45

15 This map represents the long term protection of these sites. To allow additional activities into Conkle Park, destroys these efforts, started in 1971 The distance from the Trout Creek Ecological Reserve and Conkle Park is less than 2 km. 8. It is the SAME reason for the creation of the Brigade Trail Linear Park. This trail goes through sensitive deer habitat and there is a critical need to minimize activity in these areas. Why the park dedication zoning was not completed on this centennial park is also difficult to understand. 9. History of Conkle Mountain Official Community Plan Amendment (Conkle Mountain Park)... Page 15 of 45

16 The name originated from William Henry Conkle. He was one of our first pioneers. He developed his cattle ranch in Prairie Valley in 1888 and sold to George Barclay in He moved to Rock Creek and Conkle Provincial Park, Conkle Lake and Conkle Creek were named after him. I have been hunting for information on Conkle for many years. I have narrowed it down to a Conkle photograph. These are the Conkle brothers and William is one of them not sure which one..he was a loner..so I am guessing the top right Official Community Plan Amendment (Conkle Mountain Park)... Page 16 of 45

17 Tricia Mayea From: Sent: To: Subject: Importance: Simone Kutos Tuesday, November 22, :38 PM Tricia Mayea Addition to the Agenda - November 28, 2016 City Council Meeting High Dear Mayor Waterman and Summerland City Councillors: Thank you for approving Conkle Mountain ZONING BYLAW AMENDMENTS Bylaw No at the Regular Council Meeting on November 14, 2016: THAT staff be directed to not enforce sections 3(d) and 3(l) of the Parks Regulation Bylaw in Conkle Mountain Park in relation to horseback riding, dog walking, and bicycle riding, as these activities are an historically accepted use of the property. AND THAT staff be directed, in conjunction with the Parks and Recreation Master Plan and the Trails Master Plan, to prepare an update of the Parks Regulation Bylaw for Council's consideration. I would like request that new bylaws be written in order to fully protect Conkle Mountain Park users as follows: 1) A Bylaw PERMITTING Cycling, Off Leash Dogs and Equestrians on Conkle Mountain. 2) A Bylaw stating that Conkle Mountain is a Non Motorized and Multi Use Park. Thank you for your consideration. Yours sincerely, Simone Kutos Summerland, BC Official Community Plan Amendment (Conkle Mountain Park)... Page 17 of 45

18 THE CORPORATION OF THE DISTRICT OF SUMMERLAND MEMORANDUM DATE: November 28, 2016 TO: Linda Tynan, Chief Administrative Officer Ian McIntosh, Director of Development Services FROM: Tricia Mayea, Manager of Legislative Services SUBJECT: Official Community Plan Amendment (Conkle Mountain Park) Bylaw No , and Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No The November 28, 2016 Public Hearing Agenda for the above noted bylaws was published on Thursday, November 24, 2016 at 1:00 p.m. Since that time staff have received the following seven (7) additional pieces of correspondence. This additional correspondence forms part of the official public record and has been circulated to Council for their consideration. Summaries of the correspondence is as follows: 1. Anna-Maria Robinson: opposed to the rezoning and requests that if it is rezoned a bylaw be put in place to allow horseback riding and off leash dogs. 2. Chris Skilton: requests that a bylaw be put in place to allow off leash dogs and horse riding. 3. Jennifer Maitland: in favour of a bylaw permitting horseback riding and off leash dogs. 4. Karen Christensen: in favour of the rezoning but requests that a new bylaw be put in place to allow off leash dogs and horseback riders and to address the issue with dirt bike riders on the trails. 5. Laura Dean: in favour of the rezoning but asked that off leash dogs and horseback riding be permitted. 6. Sasha Hopp: asked Council to reconsider the rezoning or alternatively has requested that a bylaw be written that permits both off leash dogs and horseback riding. 7. Cathy Seminoff: in favour of permitting off-leash dogs and horseback riders. Respectfully Submitted, Tricia Mayea Manager of Legislative Services 3.1 Official Community Plan Amendment (Conkle Mountain Park)... Page 18 of 45

19 From: Anna-Maria < > Sent: November 25, :31 AM To: Subject: Re:Rezoning of Cockle Mountain To Whom It May Concern: I am writing in response to the issue of the rezoning of Conkle Mountain from open land use to park. I am strongly against this rezoning attempt and request that if indeed the area is rezoned that a bylaw be put in place to allow horseback riding and off leash dogs. There are many, many parks in the area for those people that do not want to be around horses or off leash dogs. Horseback riders often have their dogs accompany them on trail rides. Often it is for their safety, as dogs will alert riders to things on the trail that may startle the horses and give the riders time to make sure all are safe, including the wild life that usually does the startling. Trail dogs have to be off leash and I have never met one that is a menace on the trails. If Summerland is concerned about the degradation of trails, they should look at banning motorized traffic. There is much Crown Land for motorized users to drive to. In my experience, it is that type of traffic that damages trails much more than horses. As the owner/operator of a local horse riders campground, I can assure you that horseback riders, along with their well trained trail dogs are not a nuisance on trails. Summerland is a mecca for horse owners, with many people moving to the rural areas of Summerland precisely because of the nearby trails for them to ride on. Their voice has to be taken into account with this re-zoning proposal. Sincerely, Anna-Maria Robinson Owner/Operator Hideaway Horse Camp Official Community Plan Amendment (Conkle Mountain Park)... Page 19 of 45

20 From: Sent: To: Subject: Chris Skilton November 26, :00 PM Permit off-leash dogs and horse riding Conkle Mountain I am requesting a ByLaw to Permit off-leash dogs and horse riding in Conkle Mountain Park. Chris Skilton 1507 Britton rd Summerland BC Official Community Plan Amendment (Conkle Mountain Park)... Page 20 of 45

21 From: Sent: To: Subject: Jennifer Maitland November 25, :39 PM Conkle Mtn Dear Members of Council, I am in favour of a bylaw permitting Horseback Riding and Off-Leash dogs on Conkle Mountain. Horseback riding is an ancient form of transportation and recreation that the young to the old can participate in. Horses contribute to the diversity of the community and keep the small town, farm feeling alive. Both horses and dogs can be wonderful ambassadors for those folks who are not so fortunate to have 4-legged companions in their lives. Please share the trails with Equestrians and their canines. "The outside of a horse, is good for the inside of a man." Regards, Jennifer Maitland From the Lucky Two Farm Official Community Plan Amendment (Conkle Mountain Park)... Page 21 of 45

22 From: Sent: To: Subject: Karen Christensen November 27, :20 PM Conkle Mtn Park I am pleased to hear about re-zoning Conkle Mtn into park status. I am, however, concerned that the wording of the new by-law will include the continued use by off-leash dogs and horseback riders. I have been using that trail for over 10 years and consider it one of best parts of the Trans-Canada Trail system in our area. I have had several run-ins with dirt bike riders who are NOT permitted on the trail and I do hope that is addressed in the new by-law. Sincerely, Karen Christensen Wright Ave. Summerland, BC Official Community Plan Amendment (Conkle Mountain Park)... Page 22 of 45

23 From: Sent: To: Subject: Laura Dean November 25, :57 AM Conkle Mountain Zoning Change Good morning, As a longtime resident of Summerland and someone who has personally enjoyed riding and hiking on Conkle Mountain and surrounding area, I applauded the City s decision to rezone Conkle Mountain to Park Land back in 2006 and now. If I read the bylaws and OCP correctly, the Park Land zoning provides the area with some checks and balances that will preserve it in its natural state for many, many years. The area is not really one that could support a housing or commercial development without a huge financial commitment for the installation of power and water services. I hope that the City of Summerland Council will see the benefit in keeping the area accessible to horseback riding. The proximity to the City owned Summerland Rodeo Grounds provides a wonderful venue for local trail riders and those visiting the community of Summerland during the spring, summer and fall. The trails have always been well used and respected by the horse owners, the passengers on the KVR Steam Train love seeing them on the trails and of course the Garnet Valley Gang utilizes the area for its entertaining train robberies. There seems to be some concern from dog owners that by designating the area as park land the area will fall under the regulations that are enforced by Summerland s Dog Control By Laws. This is a tough one as many horseback riders will take well behaved and well socialized dogs along that 90% of the time will not bother anyone and will stay with their riders. Off leash dogs that have never met horses can be curious, playful and even aggressive and then the question arises as to who is responsible if a dog and horse encounter results in an injury. That being said, horses have been ridden on Conkle Mountain for many decades and I am not sure that any negative encounters have been documented between any of the users of the trails (riders, bikers, hikers or dog walkers). Perhaps some attention can be paid to how the off leash by law is written and it can be a walk off leash at your own risk sort of approach that puts the responsibility on the dog owner and horse owner as to how they choose to enjoy the area. Respectfully submitted, Laura Dean Summerland BC Official Community Plan Amendment (Conkle Mountain Park)... Page 23 of 45

24 From: Sent: To: Subject: Sasha November 25, :48 AM Conkle Mountain Good Morning, It has recently come to my attention that the Conkle Mountain area my be rezoned into park-designated land instead of open-use land, and that off-leash dog walking and horseback riding may no longer be allowed. As someone who has respectfully enjoyed this area of Summerland via horseback for years, I would like to request that the Corporation reconsider the proposed rezoning. I feel it would be a major loss to to horse community to no longer be allowed to use this area, particularly considering the proximity to the Summerland Rodeo Grounds. Alternately, I would like to request that a bylaw be written in that permits both off-leash dogs and horseback riding to continue in this area as they have for decades. Thank you for your consideration. Sasha Hopp Oliver, BC Sent from my iphone Official Community Plan Amendment (Conkle Mountain Park)... Page 24 of 45

25 From: Sent: To: Subject: cathy seminoff November 28, :34 PM Re: Conkle Mountain Yes, I strongly believe that off-leash dogs and horseback riders are permitted on Conkle Mountain. Thank you Cathy Seminoff > <jdenegar@summerland.ca> wrote:> > Hi Cathy, > > I don't want to misinterpret your , so please confirm that your is saying that you believe that off- and horseback riding *should* be permitted in Conkle Mountain Park. Or have I got this the other way around? > leash dogs > Thank you, > > > Director of Corporate Services > District of Summerland > > summerland.ca > > -----Original Message----- > From: cathy seminoff > Sent: November 25, :18 AM > To: <jdenegar@summerland.ca> > Subject: Conkle Mountain > > PERMITTING Off-leash dogs and horseback riding Official Community Plan Amendment (Conkle Mountain Park)... Page 25 of 45

26 THE CORPORATION OF THE DISTRICT OF SUMMERLAND BYLAW NUMBER A BYLAW TO AMEND ZONING BYLAW NUMBER (CONKLE MOUNTAIN PARK) The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows: 1. Schedule B of District of Summerland Zoning Bylaw Number is hereby amended by zoning the following properties, known as Conkle Mountain Park, to PR1-Parks and Recreation: DL 3318, ODYD Except Parcel C (Plan A30); DL 2891, ODYD, Except Plan 434 and Parcels H and K of Plan A30; Part Lot 25 South of the KVR, DL 476, ODYD, Plan 159; Lot 3, DL 476, ODYD, Plan 2895; Lot 1, DL s 439, 476 and 2891, ODYD, Plan 32870; Parcel B on Plan A16 of Lot 33, DL 439 ODYD, District Plan 218; Lot 27, DL 439, ODYD, Plan 218; Lot 26, DL 439, ODYD, Plan 218 Except Plans B7766 and This bylaw may be cited as "Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No Read a first time this 14th day of November, Read a second time this 14th day of November, Notice given in accordance with the Local Government Act by way of publication in the Summerland Review on the 17th day and the 24th day of November, Considered at a Public Hearing this day of, Read a third time this day of, Adopted by the Municipal Council of the Corporation of the District of Summerland this day of, Mayor Corporate Officer 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 26 of 45

27 THE CORPORATION OF THE DISTRICT OF SUMMERLAND COUNCIL REPORT DATE: November 14, 2016 TO: Linda Tynan, Chief Administrative Officer FROM: Ian McIntosh, Director of Development Services SUBJECT: Official Community Plan Amendment (Conkle Mountain Park) Bylaw No ; and Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No STAFF RECOMMENDATION: THAT Council pass the following resolutions: 1. THAT Official Community Plan Amendment (Conkle Mountain Park) Bylaw No be introduced and read for a first and second time; AND THAT a Public Hearing be scheduled for Monday, November 28, 2016 to receive public feedback on Bylaw No ; 2. THAT Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No be introduced and read for a first and second time; AND THAT a Public Hearing be scheduled for Monday, November 28, 2016 to receive public feedback on Bylaw No THAT staff be directed to prepare the appropriate bylaws to dedicate Conkle Mountain Park as parkland. PURPOSE: To consider amending the OCP and zoning bylaws to reflect the park use of Conkle Mountain and whether this area should be dedicated as park by bylaw. BACKGROUND and DISCUSSION: Current Use: Parcel Size: Zoning: OCP: M.o.T. Approval: Centennial Trail and Recreational Use 147ha (363ac) A1-Agriculture and FG-Forestry Grazing Open Land and Agriculture n/a 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 27 of 45

28 The north side of Conkle Mountain is comprised of eight separate parcels of land owned by the Municipality. A map showing the subject properties is included as Schedule A. In Summerland s centennial year 2006, one of the centennial projects was to protect Conkle Mountain as parkland. There were discussions over whether to dedicate this area as parkland, designate the lands as Park on the Official Community Plan, and/or rezone these lands to the Parks and Recreation zone. Council passed the following resolution on March 22, 2004: THAT DL Plan 2891 and DL 1, Plan be designated as a park without altering the zoning of the subject properties as requested by the Centennial Committee. It is noted that the legal descriptions included in the resolution are not correct. The correct legal descriptions should be DL 2891, ODYD, Except Plan 434 and Parcels H and K of Plan A30; and Lot 1, DL s 439, 476 and 2891, ODYD, Plan Only the two largest lots were included in the 2004 resolution. The recommendation in this report includes all eight lots that form the north side of Conkle Mountain. A record search has been unable to find any evidence that the OCP amending bylaw required to enact these changes was ever prepared or adopted by council. A plaque noting this area was dedicated as park on October 1, 2006 has been installed at the beginning of the Centennial Trail. A photo of the plaque is included as Schedule B. No evidence of a park dedication bylaw has been found. OCP The OCP provides guidance to the community as to the future use of particular areas of the municipality. Amending the OCP designation of this area to Park advises the community that the future use of this area is intended to be park. It appears clear that this was the intention of both community groups and council in The Centennial Trail and numerous hiking and biking trails are located in this area so it appears appropriate to designate this area as park on the OCP. Most of this area is designated as an Environmentally Sensitive Development Permit Area as the land is undeveloped. Should any significant development of this property be considered in future, an environmental assessment and Development Permit would be required. Zoning Section of the zoning bylaw notes that park use is permitted in all zones. While this means a park use can be undertaken irrespective of zoning, it is confusing and conflicts with the zoning map. The Parks and Recreation Zone PR1 provides a zone to accommodate open space and outdoor community recreation uses. This is the appropriate zoning to allow the current recreational uses to continue. Should future development require an environmental assessment that identifies areas of particular sensitivity, a portion of the site may warrant the PP-Preservation and Protection zone. 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 28 of 45

29 Park Dedication The plaque that has been erected at the beginning of the Centennial Trail notes that this area has been dedicated as park. Evidence of such a bylaw has not been found. Section 30 of the Community Charter authorizes a council, by bylaw, to reserve or dedicate real property owned by the municipality. Dedication by bylaw is a more powerful tool than simply designating and zoning a property as park. OCP and zoning controls the use of a particular property but can be changed by a majority vote of Council. Dedicated parks can only be used for park purposes and such dedication, either through subdivision, or by bylaw, can only be removed by the adoption of a bylaw with the approval of the electors S30(3)CC. This essentially means that a park dedication can only be removed through referendum or the alternative approval process. Parks that are dedicated through subdivision, or created by bylaw, can only be disposed of with the approval of the electors, in exchange for other land suitable for park purposes, or with the proceeds placed in a reserve fund for the purposes of acquiring park lands. Park dedication limits the flexibility that councils have with respect to use of such property. Circulation The application will be circulated to neighbouring properties as required. This application has not been presented to the Advisory Planning Commission as it appears to be a housekeeping matter that was requested by a previous council but never completed. Council could refer the matter to the Advisory Planning Commission. The matter was discussed at the Heritage Advisory Committee meeting held October 19, 2016 where they passed the following motion: THAT the Heritage Advisory Commission recommend that Council direct staff to complete the process required to dedicate Conkle Mountain, Priest Camp and Fur Brigade Trail parks as parkland. Section 475 of the Local Government Act requires council to consider whether consultation on this OCP amendments are required with the RDOS, adjacent municipalities, first nations or other Provincial agencies or Federal agencies. Staff are suggesting the nature of this bylaw does not require consultation with these agencies as the land use is not changing. District staff are therefore satisfied that all appropriate consultation has taken place. The requirements of Section Consultation during OCP development of the Local Government Act have therefore been fulfilled. The proposed bylaw amendment has been forwarded to the Okanagan Skaha School District 67 for consultation. The requirements of Section 476 Planning of School Facilities have therefore been fulfilled. The proposed bylaw amendment has been considered in conjunction with the District of Summerland s financial plan and waste management plan. The requirements of Section 477 Adoption procedures have therefore been fulfilled. LEGISLATION and POLICY: Community Charter: Section 30 Reservation and dedication of municipal property Section 27 Exchange or other disposal of park land 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 29 of 45

30 FINANCIAL IMPLICATIONS: There are no immediate financial implications with respect to the OCP and zoning amending bylaws, or a park dedication bylaw. The property is currently used for recreation purposes and is owned by the District. There may be future financial implications if the property is dedicated as park and some future council wishes to development some commercial use that may not be deemed to be a park purpose. CONCLUSION: It was council s wish in 2004 to designate Conkle Mountain as park on the Official Community Plan. It is believed that a zoning change was not recommended as park is an allowable use in any zone. Dedication was not indicated in any paperwork that can be found however a plaque has been installed at the existing trail head indicating Conkle Mountain was dedicated as park on October 1, This land is used for park purposes, is indicated as park by signage that has been in place for 10 years and is home to a portion of the TransCanada Trail. There does not appear to be any reason why this municipal land should not be designated as park on the OCP, zoned PR1-Parks and Recreation, and dedicated as park by bylaw. OPTIONS: 1. Move the motion as recommended by staff. 2. Refer back to staff for other options. Respectfully Submitted, Approved for Agenda Linda Tynan, CAO Ian McIntosh Director of Development Services 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 30 of 45

31 VE RR IER S T ALI CE S T DA LE ME AD OWS RD DE NI KE ST PRAI RI E VALLEY RD DE NI KE ST PR AI RI E VALLE Y RD DA LE ME AD OWS RD LO OM ER R D SU NS ET PL O TTLEY AVE DA LE ME AD OWS RD BA RN ES ST LO OM ER R D DA RK E R D FE NWIC K RD BLA GB OR NE AV E HA RV EY ST PR AI RI E VALLE Y RD SU THE RLA ND ST HA RV EY ST FY FFE RD Schedule A Map of Subject Properties HE RM IS TO N DR SU THE RLA ND PL DU RI CK A VE WRI GH T AVE M OR RO W AV E M OR RO W AV E SU MM ER GA TE DR RE YN OLD S AVE WRI GH T AVE SI NC LAI R RD HWY 40 ( PRI NC ETO N- SU M ME RLAN D RD ) SU NS ET CR T CA RTWR IG HT AV E G ANZ EVE LD AVE RE YN OLD S AVE WRI G HT AVE SI NC LAI R RD TA YLO R PL BA THV ILLE R D DO HE RTY A VE RU TH ERF OR D AVE M OR RO W AV E O TTLE Y A VE O TTLE Y A VE PR AI RI E VALLE Y RD KA RLS TRO M PL G RAN T AVE SI NC LAI R RD PR IO R PL AI LEE N AVE RO SS A VE M IT CHE LL AVE DO HE RTY A VE HO LT AV E HO LT AV E LI STE R AVE RU TH ERF OR D AVE RU TH ERF OR D AVE DO DWE LL A VE M OR RO W AV E PR AI RI E VALLE Y RD HA DD REL L A VE PR AI RI E VALLE Y RD WALK ER AV E SI NC LAI R RD SI NC LAI R RD HO LT AV E DA LE ME AD OWS RD M ILL EY AVE G ILLA RD AV E RI PP EN AV E HA DD REL L A VE LU MS DEN A VE G OU LD AVE FY FFE RD FE NWIC K RD PA RAD IS E RD 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 31 of 45

32 Schedule B Photo of Plaque Mounted at Entrance to Centennial Trail 3.2 Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 32 of 45

33 Karen Jones From Sent: lo: Subject: Importance: Bernadine Jacobs < b November 1-3,2016 6:L0 PM Mayor and Council; Peter Waterman; Janet Peake; Erin Carlson; Erin Trainer; Richard Barkwill;Toni Boot; Doug Holmes Rezoning Conkle Mountain High I strongly believe that Conkle Mtn should remain agricultural/ forestry graz ng. We do not have enough areas for off leash walking w th our dogs as it is, and Conkle Mtn is a great place to go to allow the dogs to run. We need to keep what agricultural land we have agricultural, that is what built this town!! Bernadine Jacobs 6114 Solly Road Summerland, BC v0h 121 Fife: Copyto: Action - l,rf r 'f i'í.;: - llayor, -:., _cao -Council -z Council Conespondence - Reading File: ltem: Refened to -Agenda Completed by: Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 33 of 45

34 Karen Jones From: Sent: To: Cc: Subject: Carla Ohmenzetter November 'J.4,20L6 3:48 PM Janet Peake Doug Holmes; Erin Carlson; Erin Trainer; Peter Waterman; Richard Barkwill; Toni Boot FW: OCP &. Zoning amendments Dear Councillor Janet, thank you for the opportunity to speak to the issue of OCP and Zoning amendments to Conkle Mountain Park on the November L4th agenda. While I recognize staff's desire to follow through with outstanding issues going back many years relating to Conkle Mountain, I am concerned that the November L4th report to council does not fully outline or address that there are many historical and existing uses of this area within the community. l, along with many others believe that changing the zoning or designation of this area should be through a full public consultation process since many of these existing varied, and multi-faceted uses would not be allowed under a park dedication. Further, changing the designation to allow for park dedication now would require significant work in the future on subsequent bylaw development to recognize and accommodate all these existing users. May I suggest that, at this time, you and fellow council members, recognize that the staff report does not fully address that there are many varied existing uses. Such as including hiking, biking as well as riding trails as an example in the report. Also, please recognize that the appropriate significant public consultation should be awarded this area and that the re-zoning and OCP amendments for Conkle Mountain be put aside until that can take place such as through an inclusion or re-write of the dated Parks & Recreation Master Plan. Thank you for your time given this matter, sincerely, Carla File: Action Acknowledged: Copy to: )., iïxm)@t' _cao r{å Council Coreseon ence _ Reading Fiþ: _Agenda ltem: - - Refened to Completed by: Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 34 of 45

35 Tricia Mayea Subject: FW: Conkle Park: a dedicated park From: David Gregory ] Sent: November 20, :27 PM To: Peter Waterman <pwaterman@summerland.ca>; Erin Trainer <etrainer@summerland.ca>; Janet Peake <jpeake@summerland.ca>; Richard Barkwill <rbarkwill@summerland.ca>; Toni Boot <tboot@summerland.ca>; Erin Carlson <ecarlson@summerland.ca>; Doug Holmes <dholmes@summerland.ca> Cc: Karen Jones <kjones@summerland.ca> Subject: Conkle Park: a dedicated park Council: There are a few things you should be aware of; I was the Mayor during Summerland s centennial celebrations in The creation of Conkle Mountain Park was one of three centennial projects in 2006 ( also Centennial Trail and Fur Brigade Trail Linear Park) 2. Council hired additional staff for our centennial activities so that it would not be additional burden on existing staff 3. A Centennial Committee was formed in which developed centennial events ( such as the boat light show) and lasting legacies (parks). The public was invited to ALL of these meetings. 4. A primary focus of the committee was environmental protection 5. The three most sensitive sites requiring additional environmental protection in Summerland are a) the foreshore at Prairie, Aeneas and Trout Creeks b) the Trout Creek Ecological Reserve and c) the provincial deer reserves at the northern end of Garnett Valley owned by the province, within municipal boundaries. 6. A primary reason why Conkle Mountain Park and the Brigade Trail Park were created was to provide a environmental buffer to these sensitive sites. 7. If permitted uses are increased in these dedicated centennial parks.to allow bikes, horses, dogs into these areas the main reason for creating these parks will be lost. This is just plain DUMB Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 35 of 45

36 This map represents the long term protection of these sites. To allow additional activities into Conkle Park, destroys these efforts, started in 1971 The distance from the Trout Creek Ecological Reserve and Conkle Park is less than 2 km. 8. It is the SAME reason for the creation of the Brigade Trail Linear Park. This trail goes through sensitive deer habitat and there is a critical need to minimize activity in these areas. Why the park dedication zoning was not completed on this centennial park is also difficult to understand. 9. History of Conkle Mountain Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 36 of 45

37 The name originated from William Henry Conkle. He was one of our first pioneers. He developed his cattle ranch in Prairie Valley in 1888 and sold to George Barclay in He moved to Rock Creek and Conkle Provincial Park, Conkle Lake and Conkle Creek were named after him. I have been hunting for information on Conkle for many years. I have narrowed it down to a Conkle photograph. These are the Conkle brothers and William is one of them not sure which one..he was a loner..so I am guessing the top right Zoning Bylaw Amendment (Conkle Mountain Park) Bylaw No.... Page 37 of 45