BOARD REPORT

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APPROVED for Board Consideration:

Meeting Date: June 16, 2016

Charles Hamilton, CAO

SHORT SUMMARY:

The properties that are the subject of this rezoning application are located in Magna Bay on Stevens Road. The agent has submitted an application to redesignate and rezone portions of the properties in order to facilitate a 2 lot boundary adjustment subdivision which would increase the size of Lot 1, Section 13, Township 23, Range 10, W6M, KDYD, Plan 24279 (2473 Stevens Road). The proposed new lot will be approximately 0.578 ha in size. In order to complete the subdivision, amendments to both the Electoral Area 'F' Official Community Plan Bylaw No. 830 and Magna Bay Zoning Bylaw No. 800 are required. A portion of Lot A, Plan 25890 is proposed to be redesignated from RSC – Rural and

TO: Chair and Directors File No: BL 830-17 BL 800-28

FROM: Jennifer Sham Planner

Date:

May 24, 2016

SUBJECT: Electoral Area 'F' Official Community Plan Amendment (Connolly/DeHart) Bylaw No. 830-17

Magna Bay Zoning Amendment (Connolly/DeHart) Bylaw No. 800-28

RECOMMENDATION #1: THAT: "Electoral Area 'F' Official Community Plan Amendment (Connolly/DeHart) Bylaw No. 830-17" be read a second time this 16th day of June, 2016;

RECOMMENDATION #2: THAT: "Magna Bay Zoning Amendment (Connolly/DeHart) Bylaw No. 800-28, be read a second time this 16th day of June, 2016;

RECOMMENDATION #3: THAT: a public hearing to hear representations on "Electoral Area 'F' Official Community Plan Amendment (Connolly/DeHart) Bylaw No. 830-17", and "Magna Bay Zoning Amendment (Connolly/DeHart) Bylaw No. 800-28" be held;

AND THAT: notice of the public hearing be given by the staff of the Regional District on behalf of the Board in accordance with Section 466 of the Local Government Act;

AND FURTHER THAT: the holding of the public hearing be delegated to Director Larry Morgan, as Director of Electoral Area 'F' being that in which the land concerned is located, or Alternate Director Robert Misseghers, if Director Morgan is absent, and the Director or Alternate Director, as the case may be, give a report of the public hearing to the Board.

Board Report BL830-17 & BL 800-28 June 16, 2016

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Resource to SSA – Secondary Settlement Area; the same portion is proposed to be rezoned from R – Rural to RS – Residential. This portion of Lot A, Plan 25892 is then intended to be consolidated with Lot 1, Plan 24279, which is proposed to be rezoned from R – Rural to RS – Residential. As the proposed remainder of Lot A, Plan 25890, and the newly created consolidated Lot will not meet the minimum parcel size requirements of the applicable zones, site specific regulations are required.

The Board gave Bylaw No. 830-17, and Bylaw No. 800-28 first reading at the February 18, 2016 regular meeting, and directed staff to utilize the simple consultation process. The development notice was posted in accordance with Development Services Procedures Bylaw No. 4001, as required. Staff has referred the bylaw to affected Ministries, agencies and First Nations and comments received have been summarised in this report. It is now appropriate for the Board to consider second reading and to delegate a Public Hearing.

VOTING: Unweighted Corporate Weighted Corporate Stakeholder (Weighted)

LGA Part 14

(Unweighted)

BACKGROUND:

PROPERTY OWNER: Lot 1, Plan 24279: Patricia DeHart Lot A, Plan 25890: Steve Connolly

AGENT: Patricia Dehart

ELECTORAL AREA: 'F' (Magna Bay)

CIVIC ADDRESS: Lot 1 = 2473 Stevens Road, Magna Bay Lot A = vacant

LEGAL DESCRIPTION: Lot 1, Section 13, Township 23, Range 10, West of the 6th Meridian, Kamloops Division Yale District, Plan 24279 (PID 006-063-225)

Lot A, Section 13, Township 23, Range 10, West of the 6th Meridian, Kamloops Division Yale District, Plan 25890 (PID 005-304-466)

SIZE OF PROPERTY: 0.178 ha (Lot 1), and 32.387 ha (Lot A)

CURRENT OCP DESIGNATION: Lot 1: SSA – Secondary Settlement Area Lot A: RSC – Rural and Resource

PROPOSED OCP DESIGNATION: New Lot 1: SSA – Secondary Settlement Area Rem Lot A: RSC – Rural and Resource CURRENT ZONING: Lot 1 & Lot A: R - Rural

PROPOSED ZONING: Rem Lot A: R - Rural New Lot 1: RS – Residential

CURRENT USE: Lot 1: Residential Lot A: Vacant

PROPOSED USE: New Lot 1: Residential Rem Lot A: Vacant

Board Report BL830-17 & BL 800-28 June 16, 2016

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Site Comments: A site visit was not conducted. According to the agent and orthophotos, there is currently a single family dwelling on Lot 1, Plan 24279. Lot A, Plan 25890 is currently vacant and well treed. Lot 1, Plan 24279 appears generally flat, while Lot A, Plan 25890 contains portions of the property that are greater than 30% slope. Emily Creek runs through the eastern portion of Lot A, Plan 25890.

FINANCIAL: No financial implications to the CSRD.

KEY ISSUES/CONCEPTS:

Water Supply & Sewage Disposal The subject properties are not within a community water or sewer service area. There is one existing house located at 2473 Stevens Road (Lot 1, Plan 24279). Staff is in receipt of a Record of Sewerage System dated October 31, 2005 for Lot 1 Plan 24279; and an email from Clare Audet, Environmental Health Officer (Interior Health), recommending approval of the subdivision "subject to the amalgamation of the parcel with the adjoining lot since this proposal will increase the sustainability of Lot 1, Plan 24279." Staff note that IH comments were based on the original subdivision proposal that did not include Lot 1 Plan 24279. The current subdivision proposal is a boundary line adjustment between the same referenced lots and would result in the same increase in lot size for Lot 1, Plan 24279. Lot A, Plan 25890 is currently vacant and not serviced.

Access Access to the lots is from Stevens Road.

Special Regulations Although the boundary line adjustment will increase the size of Lot 1, Plan 24279, the new lot 1 will not meet the minimum parcel size of 1 ha in the RS – Residential zone, nor will Rem Lot A, Plan 25890 meet the minimum parcel size of 60 ha in the R – Rural zone. Site specific regulations to allow a minimum parcel size of 0.578 ha for the new lot and a minimum parcel size of 30 ha for the Rem Lot A, Plan 25890 are required.

IMPLEMENTATION:

Consultation Process As per CSRD Policy No. P-18 regarding Consultation Processes-Bylaws, staff recommended the simple consultation process. Neighbouring property owners first became aware of the application to redesignate and rezone when notice of development signs were posted on the properties after first reading on March 11, 2016. As of the date of this report, no submissions have been received. SUMMARY: The owner of Lot A, Plan 25890 has applied to redesignate a portion of Lot A, Plan 25890 from RSC Rural and Resource to SSA Secondary Settlement Area, and rezone the same portion of Lot A, Plan 25890 from R Rural to RS Residential. The owner of Lot 1, Plan 24279 has applied to rezone Lot 1, Plan 24279 from R Rural to RS Residential. The purpose of the redesignation and rezoning is to facilitate a boundary line adjustment subdivision to enlarge Lot 1, Plan 24279.

LIST NAME OF REPORTS / DOCUMENTS:

1. Electoral Area 'F' Official Community Plan Amendment (Connolly/DeHart) Bylaw No. 830-17

2. Magna Bay Zoning Amendment (Connolly/DeHart) Bylaw No. 800-28

Attached to Board Report:

Available from Staff: □

Board Report BL830-17 & BL 800-28 June 16, 2016

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3. Previous Board Report dated February 1, 2016, including location maps, OCP & Zoning maps, site plan, Orthophotograph

4. Application

Attached to Board Report:

□

Available from Staff:

DESIRED OUTCOME:

That the Board endorse staff recommendations. BOARD'S OPTIONS:

1. Endorse recommendations. Bylaw No. 830-17 and Bylaw No. 800-28 will be given second readings and a public hearing will be delegated.

2. Decline second readings. Bylaw No. 830-17 and Bylaw No. 800-28 will be defeated.

3. Defer

4. Any other action deemed appropriate by the Board.

COMMUNICATIONS: If the Board gives second readings to Bylaw No. 830-17 and Bylaw No. 800-28, and delegates a public hearing, staff will proceed with notification of adjacent property owners and advertising the public hearing as set out in the Local Government Act. Referral Agency responses:

Advisory Planning Commission 'F' Recommended approval

Interior Health Approval recommended subject to the small parcel which is a hooked portion of Lot A, Plan 25890 is amalgamated to Lot 1, Plan 24279.

Ministry of Forests, Lands and Natural Resource - Archaeology Branch

No response

Ministry of Agriculture No response

Provincial Agricultural Land Commission Interests unaffected

CSRD Operations Management No concerns

CSRD Financial Services Interests unaffected

School District #83 No response

Shuswap Indian Band Unable to review the referral but supports any decisions made by fellow SNTC bands.

Simpcw First Nation No concerns and no objections

Adams Lake Indian Band No response

Little Shuswap Indian Band No response

Neskonlith Indian Band No response

Okanagan Indian Band No response

Splats'in First Nation No response

REVIEWED BY: Date Signed Off

(MO/DD/YR) Approval Signature of Reviewing Manager or Team Leader

Manager, Development Services

Team Leader, Development Services

BL 830-17 Page 1 of 2

COLUMBIA SHUSWAP REGIONAL DISTRICT

ELECTORAL AREA 'F' OFFICIAL COMMUNITY PLAN AMENDMENT (CONNOLLY/DEHART) BYLAW NO. 830-17

A bylaw to amend the "Electoral Area 'F' Official Community Plan No. 830"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 830;

AND WHEREAS the Board deems it appropriate to amend Bylaw No. 830;

NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meeting assembled, HEREBY ENACTS as follows: 1. "Electoral Area 'F' Official Community Plan Bylaw No. 830" is hereby amended as follows:

A. MAP AMENDMENT

i) Schedule B (Land Use Designations – Overview Map) which forms part of "Electoral Area

'F' Official Community Plan Bylaw No. 830" is amended by redesignating that part of Lot A, Section 13, Township 23, Range 9, West of 6th Meridian, KDYD, Plan 25890, which is more particularly shown hatched on Schedule 1 attached hereto and forming part of this bylaw from RSC – Rural and Resource to SSA – Secondary Settlement Area.

ii) Schedule C (Land Use Designations - Mapsheets) which forms part of "Electoral Area 'F' Official Community Plan Bylaw No. 830" is amended by redesignating that part of Lot A, Section 13, Township 23, Range 9, West of 6th Meridian, KDYD, Plan 25890 which is more particularly shown hatched on Schedule 2 attached hereto and forming part of this bylaw from RSC – Rural and Resource to SSA – Secondary Settlement Area.

BL830-17 Page 2 of 2

2. This bylaw may be cited as "Electoral Area 'F' Official Community Plan Amendment (Connolly/DeHart) Bylaw No. 830-17."

READ a first time this 18th day of February , 2016. READ a second time this day of , 2016. PUBLIC HEARING held this day of , 2016. READ a third time this day of , 2016. ADOPTED this day of , 2016. Corporate Officer Chair Certified true copy of Bylaw No. 830-17 Certified true copy of Bylaw No. 830-17 as read a third time. as adopted. Corporate Officer Corporate Officer

SCHEDULE 1

ELECTORAL AREA 'F' OFFICAL COMMUNITY PLAN AMENDMENT (CONNOLLY/DEHART) BYLAW NO. 830-17

(Land Use Designations - Overview Map)

Redesignate From: RSC – Rural and Resource To: SSA – Secondary Settlement Area

SCHEDULE 2

ELECTORAL AREA 'F'

OFFICAL COMMUNITY PLAN AMENDMENT (CONNOLLY/DEHART) BYLAW NO. 830-17

(Land Use Designations - Mapsheets)

Redesignate That part of subject property From: RSC – Rural and Resource To: SSA – Secondary Settlement Area

BL800-28 Page 1 of 4

COLUMBIA SHUSWAP REGIONAL DISTRICT

MAGNA BAY ZONING AMENDMENT (CONNOLLY/DEHART) BYLAW NO. 800-28

A bylaw to amend the "Magna Bay Zoning Bylaw No. 800"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 800; AND WHEREAS the Board deems it appropriate to amend Bylaw No. 800; NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meeting assembled, HEREBY ENACTS as follows: 3. "Magna Bay Zoning Bylaw No. 800" is hereby amended as follows:

A. TEXT AMENDMENT

1. Schedule A, Zoning Bylaw Text, which forms part of the "Magna Bay Zoning Bylaw No. 800" is hereby amended as follows:

i. Section 5.3, Rural Zone, is amended by adding the following as a new

subsection, including the attached map:

"(3) (a) In this subsection, lands are described by legal description and by map, and in the event of a discrepancy between the legal description of the lands or portion of the lands and the map, the map governs.

(b) Notwithstanding Section 5.3(2)(a) the minimum parcel size created by subdivision only for that portion of Lot A, Section 13, Township 23, Range 9, W6M, KDYD, Plan 25890 shown hatched on the following map, is 30 ha:

BL800-28 Page 2 of 4

".

ii. Section 5.5, Residential Zone, is amended by adding the following as a new subsection, including the attached map:

"(5) (a) In this subsection, lands are described by legal description and by map, and in the event of a discrepancy between the legal description of the lands or portion of the lands and the map, the map governs.

(b) (i) Notwithstanding Section 5.5(2)(a), the minimum parcel size created by the boundary adjustment subdivision for that portion of Lot A, Plan 25890 and Lot 1, Plan 24279, all of Section 13, Township 23, Range 10, W6M, KDYD, as detailed on the plan of subdivision attached to MOT File 2015-00249, and shown on the following map, is 0.578 ha:

Shuswap Lake

BL800-28 Page 3 of 4

."

B. MAP AMENDMENT

1. Schedule B, Zoning Map, which forms part of "Magna Bay Zoning Bylaw No. 800" is hereby amended as follows:

i. rezoning that part of Lot A, Section 13, Township 23, Range 10, W6M, KDYD, Plan 25890, which is more particularly shown hatched on Schedule 1, attached hereto and forming part of this bylaw, from R Rural to RS Residential.

ii. rezoning Lot 1, Section 13, Township 23, Range 10, W6M, KDYD, Plan 24279, which is more particularly shown hatched on Schedule 2, attached hereto and forming part of this bylaw, from R Rural to RS Residential.

BL800-28 Page 4 of 4

2. This bylaw may be cited as "Magna Bay Zoning Amendment (Connolly/DeHart) Bylaw No. 800-28."

READ a first time this 18th day of February , 2016. READ a second time this day of , 2016. PUBLIC HEARING held this day of , 2016. READ a third time this day of , 2016. ADOPTED this day of , 2016. Corporate Officer Chair Certified true copy of Bylaw No. 800-28 Certified true copy of Bylaw No. 800-28 as read a third time. as adopted. Corporate Officer Corporate Officer

SCHEDULE 1

ZONING AMENDMENT

MAGNA BAY ZONING (CONNOLLY/DEHART) BYLAW NO. 800-28

That Portion of Subject Property FROM: R Rural TO: RS Residential

Shuswap Lake

SCHEDULE 2

ZONING AMENDMENT

MAGNA BAY ZONING (CONNOLLY/DEHART) BYLAW NO. 800-28

Subject Property FROM: R Rural TO: RS Residential

Shuswap Lake