Developer getting more government cash for Vernon property used by National Defence

 By Charlotte Helston INFO News November 22, 2017 - 8:00 PM
VERNON - A B.C. developer has received another payment from the federal government for a Vernon property that may contain buried military explosives. K&L Land Partnership was handed $4.4 million for “environmental damages” according to recently released federal financial documents. It’s not the first time the government has discreetly paid millions to the developer. Last year, it reached an $11-million settlement with K&L Land Partnership, which had sued in 2013 over the possible presence of unexploded ordnances leftover from Second World War military training. The government is not commenting on any details of the settlement, including the reason for the second payment. “A confidentiality agreement prevents us from sharing the details of the settlement between the Crown and K&L Land Partnership. What I can tell you is that the property in question was set aside as a range and training area during the Second World War. Although we (DND) occupied the site beginning in July 1941, the site was not used extensively,” a media spokesperson said in an email to iNFOnews.ca. According to court documents from K&L Partnership’s lawsuit against the government, it bought the 1,349 acre property overlooking Kalamalka Lake for $15 million in 2005. Vancouver-based lawyer Howard Shapray, who represented K&L in the lawsuit, said Wednesday, Nov. 22, he is not at liberty to discuss the terms of the settlement. The Vernon area was used for military training in the 1940s, and unexploded ordnances continue to be unearthed today. Eight people were killed by unexploded bombs between 1948 and 1973 in the Vernon area. Clean-up efforts are underway on Okanagan Indian Band land, which the Department of National Defence leased for training, however band officials have said the progress is moving far too slowly.

Commonage reviewed

by Richard Rolke - Vernon Morning Star posted Jun 22, 2016 at 1:00 AM— updated Jun 22, 2016 at 5:47 AM

Naturalists fear the proverbial horse may be out of the barn when it comes to preserving a sensitive ecosystem. The City of Vernon is pushing ahead with a rezoning process for the Commonage area. “We’re happy with what they’ve done but we’re wondering why the process has taken so long?” said Rod Drennan, with the North Okanagan Natural Areas Preservation Committee. “There have already been development applications received by the city so (if they are approved) the proposal will apply to very little land.” Drennan’s group first raised the need for preservation of the Commonage in 2011. Under existing zoning, which dates back to when the area was still part of the regional district, minimum lot sizes can be smaller than land use designations in the city’s official community plan. This could allow for greater development potential. NONAP has stated there is a need to abandon regional district zoning and bring the 769-hectare area in compliance with city zoning. Changes could occur to properties designated as rural/agriculture and Agricultural Land Reserve in the official community plan and zoned non-urban or rural small holdings. “These properties would be rezoned to rural large holdings, which has a minimum lot size of 12 hectares, or 30 acres, consistent with the policies in the OCP,” said Rob Miles, manager of long-range planning, in a report. One property, which consists of 25 per cent of the 769 hectares, has been granted a development variance permit to reduce the lot size under the existing zoning as part of a possible future subdivision. Another property is 72 per cent of the land base and a subdivision application has received a preliminary layout review based on the zoning currently in place. Should conditions or permits expire, any new zoning would apply. As for concerns that it’s taken the city too long to focus on the Commonage, Miles says workload has been the issue. “Other priority projects were undertaken, including the official community plan review, the master transportation plan, the parks master plan and the airport master plan,” he said. Impacted property owners will be notified of the process in July, while there would be a public open house and property owner consultation in August and September. Adoption of any zoning changes could be considered by council later this year. “I’m not against future development, but it must fit in with the area,” said Mayor Akbal Mund. “I will give credit to our planning staff for trying to address the concerns.”
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Click on  commonage label for some of the history.

Cabin burns to ground in the Commonage

January 19, 2014 - 1:43 PM Howard Alexander Info-Tel Multimedia
VERNON – The owner of a cabin in the Commonage south of Vernon had to watch the building burn to the ground Saturday night. The old structure at 147 Commonage Road isn’t part of Vernon’s fire protection area and it’s outside of Lake Country’s fire protection zone. Despite that, the Vernon Fire Department sent out a pumper truck and a crew of fire fighters just before 11 p.m. when the call came into 911. Fire Chief Keith Green says they didn’t know if anyone was in the cabin or what the situation was, so he didn’t want to take any chances. It turns out the old cabin had been burning for hours before the fire department was called and had collapsed. No one was hurt. Green says as the fire truck made it’s way up the very long and icy driveway off Commonage Road, the truck started to slip off the road. “Our captain decided it was just to slippery to proceed without damaging the fire truck,” Green says. The crew couldn’t proceed to the fire or return to the hall. They were stuck. A city of Vernon crew was called out to sand the road so the fire truck could leave. “There was nothing our crew could have done,” Green says. “They weren’t concerned about any trees catching fire so they just let the wooded cabin, that had been burning for some time, just fizzle out.” It is up to the Regional District of the North Okanagan to investigate the cause of the fire.

By Richard Rolke - Vernon Morning Star Published: August 22, 2012 9:00 AM
A freak situation is being blamed for a grass fire in the Commonage.  It's believed a blaze broke out at about 9:30 a.m. Tuesday after a bird struck an electrical transformer between the Greater Vernon landfill and Commonage Road. "The bird caught on fire, hit the ground and the fire spread (into the grass)," said Lawrie Skolrood, Vernon deputy fire chief. There were reports of a loud bang being heard prior to the fire occurring. That noise is likely related to the bird hitting the transformer, which was surging with electricity. While an unusual situation, Skolrood isn't completing surprised by a bird starting a fire. "We've had a few of those instances over the years," he said. The Commonage fire grew to about two hectares before being brought under control. Firefighters responded from Vernon, Okanagan Landing and the B.C. Forest Service.

Commonage Review Delayed

Written by Glen Morrison Thursday, 12 July 2012 02:33
  There won't be a separate community plan for the Commonage area of Vernon. Mayor Rob Sawatzky says a group trying to preserve part of the land as parkland had asked for that after a development was approved last fall. He says a different approach will be followed "We'll deal with the zoning through an open public process during the five year review of the community plan in 2013" Sawatzky says they inherited RDNO zoning on the area, zoning that differs from the city policy, allowing the development to go ahead.
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Don Quixote Note: Agenda Package  July 9 (P.57-128) gives details. The Council agreed by a 4-3 vote to adopt the alternative resolution: 1. THAT Council authorize staff to explicitly explore goals and objectives for the subject Commonage lands in the upcoming Official Community Plan review in 2013 to ensure that the entire community can be afforded opportunities to be involved in the development of applicable goals and policies.

The Recommendation (see below) to initiate a rezoning for properties within the Commonage Area from their current A3 (rural small holdings) & NU (Non Urban)  Zonings to A2 Rural Large Holdings was not approved.

THAT Council not support the creation of an area plan for the Commonage;
AND FURTHER, that Council direct staff to initiate a rezoning process for properties in the Commonage which are designated ALR Lands and Rural/Agricultural (outside the Hillside Residential - Reserve) and zoned either A3 - Rural Small Holdings or NU - Non Urban to A2 - Rural Large Holdings to bring them into conformity with Policy 12.11(c) of the Official Community Plan 2008, which specifies a 12 hectare (30 acre) minimum, or an equivalent density of one lot per 12 hectare (30 acre) lot area to preserve the present nature of the Vernon countryside and encourage maintenance of the agricultural industry.

Commonage eyed for park

By Richard Rolke - Vernon Morning Star Published: July 08, 2012 1:00 AM

Politicians are being pressured to preserve a portion of Greater Vernon’s natural landscape. The North Okanagan Naturalists Club is lobbying the Greater Vernon Advisory Committee to purchase land in the Commonage for public use. “There’s the historical importance of the Commonage to the area,” said Rod Drennan, a club member. “It’s just an area where the grasslands could now be protected.” Local environmental groups have been concerned in recent years that urban development could negatively impact the Commonage, which not only hosts  grasslands but at-risk animal and plant species. For Drennan, it’s critical that action be taken. “We want to acquire more land for the community for in perpetuity,” he said, adding that consideration must be given to the need to encompass whole ecosystems. “We need a large chunk of land there.” The club has identified some potential sites for parks but Drennan would not get into specifics because a meeting with GVAC must still be held. If land is purchased, intense public use would be avoided. “We would want to see trails but nothing more than that,” said Drennan. “We want to protect the grasslands, the birds and the animals.” It’s not known what it could cost to buy the necessary land for a park, but Drennan believes GVAC is in a position to move ahead. “There’s a significant amount of money in the park acquisition fund,” he said. GVAC director Bob Fleming says he wants to speak to some of his Commonage constituents to find out how they feel about parks. “In general, I am in support of natural areas and the Commonage is an area that should be looked at,” he said.

Commonage considered

By Richard Rolke - Vernon Morning Star  Published: September 18, 2011 1:00 AM
 The City of Vernon will consider whether more needs to be  done to preserve the Commonage.  The North Okanagan Natural Areas Preservation Committee recently asked council to create  a land use plan for the Commonage and to bring zoning for the area in line with the rest of the city.  “We will refer it to staff and on what may or may not be necessary,” said Mayor Wayne Lippert.  Under existing zoning, which dates back to when the area was still part of the regional district,  rural subdivision is permitted even without the variance permit.  While some residents are concerned about how development may proceed in the Commonage, city officials state that there is a process in place. “That area is in the official community plan,” said Leon Gous, chief administrative officer.

Committee Reviews Wages

A team of citizens will determine whether Vernon’s politicians deserve a wage hike. Current council has appointed a four-person committee to look at remuneration and make possible recommendations. The committee consists of former Coldstream councillor Jack Borden, architect Bob McDonnell​, accountant Pat Lett and Joanne Weatherill with Briteland.  If the recommendation includes a change in pay, that increase does not come into effect until after November’s civic election and does not impact current council members. Coun. Bob Spiers would like to see remuneration remain tied to cost of living. “I’m hoping they come back with recommendations fitting the (economic) times we’re in,” he said.

Councillors question Commonage concept

By Richard Rolke - Vernon Morning Star  Published: August 12, 2011 1:00 AM

Attempts to prevent future development in the Commonage aren’t being embraced at city hall. The North Okanagan Natural Areas Preservation Committee asked Vernon council Monday to initiate a land use plan for the Commonage and to bring zoning for the area in line with the rest of the city.  However, Coun. Buffy Baumbrough​ says that while preservation of the area is ideal, the reality is  that private property rights must be considered.  “I am not entirely convinced what they are proposing will address their concerns,” she said of NONAP.  “Even if we go to city zoning, property owners can still subdivide.”  NONAP is upset that council recently agreed to issue a development variance permit for a 28-lot subdivision on 242 hectares near Chum Road. It includes one 80.9-hectare lot. Under existing zoning, which dates back to when the area was still part of the regional district,  rural subdivision is permitted even without the variance permit. NONAP says that council’s recent decision on the 28-lot subdivision prompted its calls for action for the remainder of the Commonage, which includes grasslands and wildlife habitat.  “Our major concern is the future of the area known as the Commonage,” said Rod Drennan, spokesperson. Drennan says an area plan would determine long-term land uses, while there is a need to abandon regional district zoning and bring the area in compliance with city zoning. “We want an open and effective public process,”  he said. Discussions have been held between NONAP and city staff.  “We discussed the official community plan as it stands and zoning that may differ from official community plan designations,” said planner Dale Rintoul of the difference between zoning and land use designation.  Coun. Mary-Jo O’Keefe is concerned about the perception NONAP may create about city hall.  “We are committed to protecting sensitive areas and we understand the values of the Commonage,”  she said, adding that the 28-lot subdivision will be rural in nature and consist of large acreages.  “The public had an opportunity to purchase the property and the public decided at the time it didn’t have enough value to buy. Now, we’re being told it has value but now it’s private land.”
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Don Quixote Note: The last item on the afternoon Agenda was passed unanimously:

That Vernon Bylaw 3843 (1992) -Vernon Subdivision and Development Services Bylaw. be amended as to Water and Sanitary Sewer Minimum levels as shown on Schedule A - Level of Service (Table A.1) to make all Zones within the jurisdiction of the City (either City Zones or NORD zones) consistent in the minimum requirement for CWS (Community Sewer System) and CWS (Community Water System).



 That staff bring back a report to Council on possibility, legality and ramifications of such a bylaw amendment. (sic)
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This proposed bylaw amendment would in effect require that all zones within the City Boundaries require the provision of Community Water and Community Sewer. Presently only the A2 Zone in the Agricultural Sector requires Community Water.  (see present table).

Artillery shell found at construction site

The Canadian Press Posted:Aug 11, 2011 4:40 PM PTThe artillery shell found in West Vancouver Thursday was live, according to police. CBC

Workers have uncovered a live artillery shell on a West Vancouver residential construction site.  West Vancouver police said Thursday they were called to the site in the 6500 block of Bachelor Bay Tuesday, where workers doing an excavation found a brass-encased munition, 40 centimetres long by 10 centimetres wide and weighing about 16 kilograms.  The part that ignites the round — the munition's primer — was still intact, Cpl. Jag Johal said. A rusted-out artillery casing was also found. The RCMP's explosives unit was called, who in turn called in the navy explosives disposal unit, which took the round away for destruction. WorkSafeBC has closed the site until it's deemed safe and free of other munitions.
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The UXO Hazard Legacy Sites in the Vernon, B.C., Area

New Public Committee Sets Preservation Goal For Commonage - Asks City to consider neighbourhood plan

Kate Bouey 8/9/2011 105.7 SUNFM:

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A newly-formed committee of citizens is asking the City of Vernon to begin a neighbourhood planning process for a big section of the Commonage. It follows a failed protest over a developer's plans to subdivide about 600 acres of Commonage land. North Okanagan Natural Areas Preservation Committee spokesperson Rod Drennan says the committee has moved on from that. ``That's behind us, we're moving forward,'' insists Drennan.``We're dealing with the larger area of land that remains in the Commonage, Commonage north.'' The large delegation asked council to begin a neighbourhood planning process for about 800 acres of land, that had once come under the North Okanagan Regional District's domain. Drennan says the acreage should have new land designations to fit in with the Official Community Plan. ``To have designations of parkland, trails, land in public ownership or whatever, that would be a win for us,'' says Drennan. The committee hopes to preserve the land for wildlife and walkers.

Regular Open Council Meeting - Agenda highlights

Start Time: 1:30pm - August 8, 2011

• Agenda Index 
• Agenda Package 

1. DELEGATION – NORTH OKANAGAN NATURAL AREAS PRESERVATION COMMITTEE (NONAP) (P. 43) Mr. Rod Drennan, representing the North Okanagan Natural Areas Preservation Committee (NONAP); re: The area generally known as the ‘Commonage’.
2. DELEGATION – RIBBONS OF GREEN TRAILS SOCIETY (P. 45)Mr. Dave Smith, President, representing the Ribbons of Green Trails Society; re: Commonage subdivision and need for overall planning.
3. TRONSON ROAD SEWER TRUNK CONTRACT EXTENSION (P. 125) THAT Council support the request for $297,000 from sanitary sewer collection DCC reserves and $3,000 from sewer reserves to extend the Tronson Road Sewer Trunk contract with R355 Enterprises Ltd. to allow 650 lineal meters of additional sewer construction from Willow Park Road to South of 27 Avenue.
4. CLOCK TOWER (P. 186) THAT Council approve the expenditure of $15,000 from the Casino Reserve Fund to repair and refurbish the Clock Tower located in the Civic Plaza;
   AND FURTHER, that Council direct staff to apply to the BC Heritage Fund for a grant to cover this work.
5. NOTICE OF MOTION – COUNCILLOR Spiers (P. 211): THAT Council consider amendments to Vernon Subdivision and Development Services Bylaw #3843 (1992) for Water and Sanitary Sewer Minimum levels as shown on Schedule A – Level of Service (Table A.1) to make all Zones within the jurisdiction of the City (either City Zones or NORD Zones) consistent in the minimum requirement for CSS (Community Sewer System and CWS (Community Water System);
   AND FURTHER, that staff be directed to review this bylaw and to prepare amendments necessary that will accomplish these changes.

Vernon Council Approves Controversial Variance - Dangerous precedent set, say opponents

Kate Bouey 7/25/2011 105.7 SUNFM

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Vernon city council held its collective nose Monday and approved a controversial development variance permit on 600 acres of land in the Commonage. Only councillor Bob Spiers voted no. The permit will allow the development of a 28-lot subdivision around environmentally-sensitive land off Chum Road. Councillor Mary-Jo O'Keefe says the regional district had a chance to buy the land some years ago and turned it down. ``It's very disappointing when things like that happen but now I think we have to go forward and make the best of it,'' says O'Keefe. She stresses that council should not ``impede private ownership of land.'' The council chamber was packed with opponents to the variance permit. North Okanagan Natural Areas Preservation Committee spokesperson Dave Kennedy says City staff failed to adequately answer the issues, accusing them of ``dodging'' a question about whether council's decision would set a precedent which could be followed by other rural developers. The owner of the land in question, Bob Armstrong, insists that that council's approval of one 200-acre parcel will actually better-protect that land. ``It can restore itself again,'' says Armstrong. ``It's been trampled and trodden and run over with dogs forever and I think it can be more beautiful there than it is now.''

Commonage Variance Approved

Written by Peter McIntyre 107.5 KISSFM Monday, 25 July 2011 18:29

A Vernon land owner says he will have a family meeting and decide if 242 hectares of land in the Commonage will be subdivided.  Bob Armstrong made that comment after city council approved a variance to allow him to subdivide a 200 acre lot near Chum Road which is larger than what's normally allowed.  Opponents like Dave Kennedy wanted the permit rejected, saying it sets a precedent for more development in that natural area.  "They did have the option of saying no, and leaving the developer with his options. It's as simple as that. Why wouldn't they say no?"  Kennedy, with the group North Okanagan Natural Areas Preservation Committee, says the variance is a major departure from the intent of the current zoning and is a precedent that could be repeated in other similarly zoned areas.  "The lot sizing is about real estate values, not sensitive habitat values."  Council members say it will give the city more control over protecting sensitive areas, using  covenants.  Armstrong says critics have to realize, he has the right to develop the land.  "The city had the opportunity to buy it as a park at one time and they didn't, but they (opponents) still want it as a park even though it's private land and that really doesn't work." Armstrong says a lot of work has been put into preserving the environment and wildlife on the lot.  "That's why we have that 200 acre parcel that's not really sterilized but it's in the best interest of the environment, the wildlife and agricultural land components. It's a great thing to have it so it can restore itself again. it's been trampled and trodden and run over with dogs forever, and I think it can be more beautiful there than it is now."  Opponent Linda Kennedy questions how much of of the sensitive areas will be protected.  "They're using a map supplied by the engineering company, but we have no signed piece of paper from their biologist that says exactly where those sensitive areas are."
Armstrong is proposing a 28 lot subdivision on 242 hectares with the approval for that coming from a previous regional district decision.  The opponents plan to be back at council August 8th to make what they call a constructive submission on the issue of development in rural areas of the city.

Protests unlikely to block subdivision

By Richard Rolke - Vernon Morning Star  Published: June 29, 2011 1:00 AM

Residents wanting to preserve the Commonage may not be able to block development.  Numerous speakers demanded Monday that Vernon council deny a development variance permit application for 242 hectares near Chum Road. But even if that occurs, the residents were warned the city can’t legally stop subdivision by the  land owner.  “If denied, they can come back and subdivide if they meet the requirements of the bylaw,” said Leon Gous, chief administrative officer, adding that if the project doesn’t deviate from present zoning, there is no requirement for public input on any development. “We don’t have a lot of discretion  to say we just don’t like it.”  The area was annexed into Vernon in 1993 and the zoning that allows for subdivision originated with the regional district.  The only way land use designation under Vernon’s official community plan could be considered is if the property owner sought rezoning.  The land owner, Bob Armstrong, is proposing a 28-lot subdivision and he is seeking a development variance permit so he can create one 80.9-hectare lot. A variance is needed because the lot would exceed minimum lot size.  “This is the end  of the Commonage,” said resident Victor Cumming, who opposes subdivision.  Cumming is concerned that Armstrong’s project will lead to other development, which will threaten natural habitats and Vernon’s lifestyle.  “You will have made the decision the Commonage is to be urban,” he told council.  Resident Linda Kennedy spoke of the wildlife in the Commonage.  “There is a minimum of four lovely ponds with riparian areas. Some of the grasslands have never been over-grazed. Grasslands are crucial to a lot of species,” she said. Some speakers questioned the process followed by city staff.  “I have no idea of how this development got this far,” said Dave Smith, with the Ribbons of Green Trails Society.

The crowd was informed that once a property owner makes an application to the city, staff is legally bound to initiate a process that will determine if the application is accepted by council.  Ultimately, council deferred the development variance permit application for a month so it can consider the matter further.  At least one resident wants to make use of the time to try and purchase the land for park. “You have to talk to him (Armstrong) and make some sense,” Sharon Lawrence told council. Armstrong says he wants to keep the land.  “Nobody could buy it. I’m interested in keeping it and my family playing on it,” he said.  David Cullen,  an engineer working for Armstrong, says the variance for one large lot is being sought to protect environmental and agricultural aspects of the site.  “A conventional development is not in the best interest of the land,” he said. That view is supported by city staff. “It (variance) would preserve the integrity of the ALR areas and a large environmentally sensitive area by having those areas in one large lot,” said planner Dale Rintoul.  If the variance permit is denied by council, Cullen says subdivision will still proceed.  “We will go back to a conventional layout,” he said.