BOARD REPORT CSRD THAT: RECOMMENDATION #2 Board Re… · Senior Planner File No: BL 850-7 BL 851-3 Date: November 28, 2016 Electoral Area 'B' Official Community Plan Amendment (Downie

CSRD BOARD REPORT

TO:

FROM:

SUBJECT:

RECOMMENDATIONS:

RECOMMENDATION #2:

Chair and Directors

Dan PassmoreSenior Planner

File No: BL 850-7BL 851-3

Date: November 28, 2016

Electoral Area 'B' Official Community Plan Amendment (Downie RVResorts Ltd.) Bylaw No. 850-7Electoral Area 'B' Zoning Amendment (Downie RV Resorts Ltd.)Bylaw No. 851-3

THAT:"Electoral Area 'B' Official Community Plan Amendment (Downie RVResorts Ltd.) Bylaw No. 850-7" be read a second time, as amended, this19th day of January, 2017.

THAT:"Electoral Area 'B' Zoning Amendment (Downie RV Resorts Ltd.) BylawNo. 851-3" be read a second time, as amended, this 19th day of January,2017.

c\Yl^tAPPROVED for Board Consideration:

Meeting Date: January 19,2017 ^harles Hamilton, CAO^^

SHORT SUMMARY:

The properties that are the subject of this rezoning and re-designation application are a sharedinterest development located at Downie Loop on the former Big Bend Highway in rural Revelstoke,on the foreshore of Lake Revelstoke in Electoral Area 'B'. The proposal is to rezone the subjectproperties from RC1 - Resort Commercial -1 to a proposed new CDB3 ComprehensiveDevelopment Zone B3 to support the existing use of the property, and to permit a proposed bareland strata subdivision. Additionally some new definitions are proposed to reflect the proposed useswithin the new zone.

The owner has also applied to the Provincial Government to acquire 2 small portions of landadjacent to the subject properties, to be included into the overall development plan. The proposedconsolidation for the development plan requires an Official Community Plan amendment for these 2small strips of land to re-designate them from RSC - Rural Resource to RC - Resort Commercial tosupport the proposed rezoning.

The Board gave the bylaws first readings at the March 19, 2015 regular meeting. The owner hasbeen attempting to resolve an issue that arose with respect to buildings and structures on theproperty that contravene a Statutory Right-of-Way (SRoW) which establishes an Overall ReservoirImpact Line (safe line). The safe line, designated by BC Hydro for Revelstoke Lake, would continueto impact the planned development without BC Hydro agreeing to a re-establishment of the safe line.

BC Hydro has agreed in principle to the approach for an additional study to further revise the safeline and has advised the applicant that upon receipt of a favourable study and subject to the

Page 1 of 11

Board Report BL850-7,BL851-3 January 19,2017

applicant satisfying a number of conditions, BC Hydro will prepare documents to revise the safe linespecified in the current SRoW. BC Hydro also has provided the applicant with a time frame forcompleting the requirements.

Staff are comfortable that BC Hydro has outlined their requirements for moving forward, but are notprepared to recommend delegation of a Public Hearing, until the required Engineering study hasbeen reviewed and accepted by BC Hydro.

Staff have amended the OCP re-designation and rezoning amendment mapping to reflect the areasof land that the Crown has granted the applicant tenure.

VOTING: Unweighted Corporate

LGA Part 14(Unweighted)

Weighted Corporate D Stakeholder(Weighted)

BACKGROUND;

APPLICANT:

AGENT:

ELECTORAL AREA:

CIVIC ADDRESS:

LEGAL DESCRIPTION:

SIZE OF PROPERTY:

Downie RV Resorts Ltd./Donald Kenneth Munk

Larry Schlichenmayer

'B' (Downie Loop)

3500 Wallis Road

1. Lot 1, District Lot 2712, Kootenay District, Plan EPP444292. Remainder District Lot 2772, Kootenay District, Except Part Included inPlan 7884

1.4.5 ha. (11.12 ac.)

2. 7.996 ha. (19.76 ac.)

SURROUNDING LAND USE PATTERN:NORTH Crown LandSOUTH Lake RevelstokeEAST Lake RevelstokeWEST Lake Revelstoke

CURRENT USE:

PROPOSED USE:

OCP DESIGNATION:

PROPOSED OCP:

ZONING:

PROPOSED ZONING:

Seasonal and Full-Time Residential and RV sites

Seasonal and Full-Time Residential and RV bare land strata lots

RSC - Rural Resource and RC - Resort Commercial

RC - Resort Commercial

RC1 - Resort Commercial - 1 and Rural and Resource - RSC

CDB3 - Comprehensive Development Zone B3

Page 2 of 11

Board Report BL 850-7, BL 851-3 January 19, 2017

POLICY:

Electoral Area 'B' Official Community Plan Bylaw No. 850

Staff presented applicable OCP policies in the report previously viewed by the Board, dated March 3,2015. Since this time staff consider that the following additional policies have some relevance to thisapplication:

• Foreshore and Water Sections 11.1, 11.2, and 11 .3;

• Environmental Management Sections 12.1, 12.2, 12.3, and 12.4;• Riparian Areas Regulation (RAR) Development Permit Area Section 12.6; and,• Foreshore and Water Development Permit Area Section 12.8.

Electoral Area 'B' Zoning Bylaw No.850

Details regarding the current zoning and the proposed new zoning have been presented in theprevious report, dated March 3, 2015.

FINANCIAL:

The re-designation and rezoning application is not the result of a bylaw enforcement action. Therewould be no financial implications to the Regional District.

KEY ISSUES/CONCEPTS:

Proposed Bylaw AmendmentsThe owner applied to the Ministry of Forests Lands and Natural Resource Operations - LandsBranch (MFLNRO) to acquire tenure to 2 pieces of crown land bordering the north property lines onthe site, to accommodate structures encroaching onto those Crown Lands. In review of the ownersapplication MFLNRO advised that they would be willing to consider granting tenure to much reducedareas of land that would resolve the encroachments. Lands Branch has since granted tenure to the 2parcels. Staff have amended the Bylaws mapping to reflect these much reduced areas

Sewage DisposalThe applicant has supplied a design for an on-site septic sewage treatment system by FranklinEngineering Ltd. The proposed design would see private systems for the single family dwellings anda community sewer system for the RV park.

Water SupplyThe water supply for this development is a surface water license from a source on Roylance Creek,which is a tributary of Downie Creek. The current licence (No. 33893) provides for 5,000 gpd. Theintake in Roylance Creek is in Crown Land. The applicant will need to have the current licenceconverted into a Certificate of Public Convenience and Necessity (CPCN) by the Province before awater distribution system for the proposed new lots can be approved. The applicant has indicated heis currently working with the I HA in this regard.

There are enough proposed lots within the proposed development to consider acquisition of both thewater and sewer systems under current CSRD policies.

Page 3 of 11


AccessPrimary driveway access to this property is from Wallis Road off Highway 23 North.

DocksCurrently there are a number of small docks which appear to service individual waterfront RV siteswithin the development. There is also a group moorage facility. Lakes Zoning Bylaw No. 900 does notapply to Lake Revelstoke.

The current zoning on Lake Revelstoke within Bylaw No. 851 is FW Foreshore and Water. The R/Vzone regulates the size of docks. The current docks may not comply with the FW zone, but they existedwhen Bylaw No. 851 was adopted. This rezoning proposal does not include additional regulations topermit the existing docks, and therefore if the owners seek to reconstruct the docks or construct newdocks, they would need to both be licensed by the Province and comply with the FW zone.

Crown LandThe owner has applied to include 2 small parcels of crown land into the title of his property. In bothcases, portions of the existing development have been constructed on this crown land. Lands Branchhas approved the tenure application and granted tenure.

Strata RulesThe applicant has supplied a list of rules and regulations which are in place for the park. The rulesinclude the following;

• No permanent residences.

• 7 month seasonal use only from April 1 to October 31• Only 1 RV or Park Model per lot• Covering structures for RVs allowed, but must be approved by strata council• 1 water and sewer connection per site• Maximum 30 amp service for each site• 3 visitor sites available

Existing Structures and UsesA great many of the sites currently have structures on them. The structures range from small accessorybuildings to large structures entirely closing in and housing RVs and including habitable space as wellas cabins. The owner has inventoried all of the sites and has provided pictures showing what iscurrently on each of the proposed lots.

Lake Revelstoke ReservoirBC Hydro currently has a SRoW (S293) registered against the title of the properties whichestablishes an Overall Reservoir Impact Line (safe line). The safe line is a line established by contourthat, specifies that structures and buildings are not to be constructed below the safe line. Asdevelopment has occurred on the properties over the years, some buildings and structures havebeen placed below the safe line. As a result, BC Hydro, in their referral responses noted this issue.Based on this issue staff had placed the bylaws in abeyance until the issue could be resolved.

BC Hydro has advised that they have not waived their rights granted under the SRoW, but that theyare committed to attempting to come to a mutually agreeable resolution to the encroachment with theowner of Downie RV Resort by an adjustment of the safe line.

Page 4 of 11


Recently, BC Hydro has written a letter, dated November 21, 2016, to the owner agreeing to aprocess that would relocate the safe line. The highlights of the continuing negotiation are as follows:

1. The owners have engaged the services of Golder and Associates to carry out a geotechnicalinvestigation and design studies to do the following:

• Groundwater impact line study;• Design engineered fill berms along the west shoreline; and,• Design riprap erosion protection and slope protection works along the east shoreline.

The study would support a relocation of the Overall Resen/oir Impact Line to accommodateexisting buildings within the proposed new Overall Reservoir Impact Line defined by theforegoing works.

2. BC Hydro would support this methodology, subject to the following conditions:

• Golder and Associates must supervise, inspect and certify works are constructed inaccordance with an approved design. This would include provision of a final completionreport to Hydro once the works have been constructed.

• A BC Land Surveyor is required to survey the property and the location of the works andprepare a reference plan showing the new safe line.

• Hydro would then prepare documents to amend the current SRoW to establish the newsafe line.

• The owner would register a new Section 219 covenant against the title of the propertiesindemnifying Hydro from damages and recognizing that the Owner takes all liability fromreliance on Golder and the constructed works and their upkeep and maintenance.

Should the owner agree to these conditions, Hydro would take no further action to enforce thecurrent SRoW, provided the owner meets certain timelines for the following:

• By July 31, 2018 structures at the southern tip of the property are removed; and,• By July 31, 2019 the conditions specified by Hydro, as noted above have been fulfilled.

All costs for the execution of the required documentation is to be borne by the applicant.

Floodplain IssuesElectoral Area 'B' Zoning Bylaw No. 851 establishes both a flood plain construction level of 574.8 mand a flood plain setback of 30.0 m from the 573.3 m contour surrounding Revelstoke Lake. Theapplicant has not supplied a survey certificate identifying the floodplain setback contour and theproximity of structures to it. The applicant will need to demonstrate compliance with the floodplainspecifications, or provide information from a qualified engineer indicating that the lots with existingstructures are safe to use for the intended purpose.

For this, the owner will need to engage the Engineering consulting firm, Colder and Associates, toprovide a report addressing flooding issues upland of the proposed new berm works to be constructedto satisfy BC Hydro's reservoir concerns as noted above. Such a report would be required prior to aPublic Hearing being delegated for the bylaws.

Page 5 of 11

Board Report BL 850-7, BL 851-3 January 19,2017

Lake Revelstoke - Environmental IssuesCurrent Official Community Plan policies require a Riparian Areas Regulation (RAR) DevelopmentPermit to be issued for development occurring within 30.0 m of a waterbody (Lake Revelstoke). Sincethe BC Hydro proposed relocation of the safe line will require engineered fill berms and installation ofriprap along the shoreline, a RAR DP will be required to be issued prior to the commencement ofconstruction of such works. It is likely a RAR DP would also be required for the work required by Hydroto remove structures from the south tip of the properties. The owner will need to engage a QualifiedEnvironmental Professional to review the proposed works and submit a Riparian Areas AssessmentReport for the project.

Lake Revelstoke - Other Agency IssuesThe proposal by Golder and Associates includes slope protection and erosion protection works alongthe shoreline. Should the works involve construction below the Natural Boundary of Lake Revelstoke,approval under Section 11 of the Water Sustainability Act will be required prior to commencement ofconstruction.

IMPLEMENTATION:

Consultation Process

The Board approved the simple consultation process. Neighbouring property owners became aware ofthe application for OCP and zoning amendments when a notice of development sign was posted onthe subject property on April 3, 2015, in accordance with Development Services Procedures Bylaw No.4001.

SUMMARY:

The applicant has applied to rezone the subject properties from RC1 to a proposed new CDB3 zone.As a result of an application to acquire additional crown land a re-designation of the portions ofCrown Land will also be required from RSC - Rural Resource to RC - Resort Commercial with acorresponding rezoning amendment to recognize those crown land areas. Staff are recommendingthat the Board give the proposed amending bylaws second readings, as amended.

However, staff are not prepared to recommend delegation of a Public Hearing until remaining issuesbetween the owner and BC Hydro regarding structures and buildings encroaching into the HydroSRoW have been resolved through documentation indicating that Hydro has accepted the Golderand Associates design for relocation of the safe line. Further, that the owner provide a report fromGolder and Associates which indicates the proposed use is safe to use for the intended purpose,given the design of works to satisfy BC Hydro's requirements. Finally, that a RAR DP for theproposed works has been reviewed and issued by the CSRD.

LIST NAME OF REPORTS / DOCUMENTS:

1. Maps: Location, Orthophotos, Zoning, OCP

2. Site Plans, Proposed Subdivision Plan, Sun/eyPlan Showing Existing Buildings

3. Maps From MFLNRO Lands BranchIllustrating Tenure (405163 and 405164)

Attached to BoardReport:0



Available fromStaff: a


Available fromStaff: D

Page 6 of 11


4. Electoral Area 'B' Official Community PlanAmendment (Downie RV Resort Ltd.) BylawNo. 850-7

5. Electoral Area 'B' Zoning Amendment (DownieRV Resort Ltd.) Bylaw No. 851-3

6. Rules and Regulations from Applicant

7. Individual Lot Photos

8. Application


Attached to BoardReport: 0

Attached to BoardReport:D

Attached to BoardReport:a

Attached to BoardReport:a



Available fromStaff: 0



DESIRED OUTCOME:

That the Board endorse staff recommendations.

BOARD'S OPTIONS:

1.

2.

3.

4.

Endorse recommendations. Bylaw No. 850-7 and Bylaw No. 851-3 will be given secondreadings, as amended.

Decline second readings, Bylaw No. 850-7 and Bylaw No. 851-3 will be defeated. Thecurrent RC1 and RSC zones will apply and subdivision would not be possible.

Defer.

Any other action deemed appropriate by the Board.

COMMUNICATIONS:

If the Board supports giving the bylaws second readings, staff will not bring a recommendation to theBoard to delegate a Public Hearing, until:

1. the owner has provided the Golder and Associates report to BC Hydro, and BC Hydro hasprovided the owner with confirmation that it accepts the recommendations and design withinthe report;

2. the owner has applied for and been issued a RAR DP, by the CSRD;3. the owner has provided a report from Golder and Associates to the CSRD indicating that

CSRD floodplain specifications have been resolved; and,4. any works proposed below the natural boundary of Lake Revelstoke have been approved by

a permit under Section 1 1 of the Water Sustainability Act by the Ministry of Forests Lands andNatural Resource Operations.

Referral agencies have provided their comments, as follows:

Area 'B' Advisory Planning Commission Recommended the Board approve the bylaws subjectto approval from BC Hydro regarding the flowageagreement and that parking requirements are met.

Page 7 of 11


Interior Health Authority

Ministry of Transportation andInfrastructure

Ministry of EnvironmentDepartment of Fisheries and OceansMinistry of Forests, Land and NaturalResource OperationsMinistry of Forests, Land and NaturalResource Operations - Water RightsBranchMinistry of Forests, Land and NaturalResource Operations- ArchaeologyBranch

School District #19BC Hydro

Interior Health has not been provided with any detailsregarding the existing and proposed onsite seweragedisposal or the details on the proposed CommunityDrinking Water System.The applicant is required to comply with the DrinkingWater Protection Act and Regulation. The existingdrinking water system does not meet our treatmentguidelines.Onsite sewerage disposal areas must comply with theagency having jurisdiction for the community andindividual systems on these parcels.Interior Health recommends that the parcel showsustainability.At this time the Ministry's interests are unaffected bythe proposed zoning changes. The Ministry will be ableto investigate and address road and access issuesthrough the subdivision process if the developmentproceeds.

No response.

No response.

Habitat Officer - This application does not impact ouragency's legislated responsibilities.No response.

Archaeological sites (both recorded and unrecorded,disturbed and intact) are protected under the HeritageConservation Act and must not be altered ordamaged without a permit from the ArchaeologyBranch.

In the absence of a confirmed archaeological site, theArchaeology Branch cannot require the proponent toconduct an archaeological study or obtain a permitprior to development. In this instance it is a riskmanagement decision from the proponent.

No response.

BC Hydro has the following observations about thisproposal:

1. You may be aware that a flowage agreementwas registered in favour of BC Hydro in 1983as charge #8293 on the titles of each of the 2properties owned by Downie Resort Ltd.

2. The flowage agreement gives BC Hydro theright to flood, erode and otherwise impact theproperties and the owner covenants not toconstruct, place or maintain buildings or allowhuman habitation on certain portions of theland without BC Hydro's consent.

3. A safe line sketch plan, attached to S293,clarifies the application of the charge on the

Page 8 of 11


Electrical Safety BranchCSRD Operations Management

CSRD Financial ServicesAdams Lake Indian BandLittle Shuswap Indian BandNeskonlith Indian Band

properties.

4. Since the agreement was executed in 1983the shoreline appears to have beenextensively modified by both reservoir actionand by the owner (e.g. marina development).The owner has developed RV sites andimprovements have been constructed alongthe shoreline in places well below the safeline. BC Hydro is contemplating the need toreview and better define the safe line location(now called an impact line), based on a newgeotechnical investigation.

5. The owner has also applied for a grant over 2parcels of adjacent Crown Land on which hehas encroached. BC Hydro has recommendedto the Crown that if title is indeed granted tothe applicant, a flowage right of way in favourof BC Hydro should first be registered on thetitles with priority over all other charges.

Until we are able to resolve the current and plannedencroachments with the land owner, BC Hydro isunable to support the proposed regulatory changesleading to subdivision and sale of parcels wherepeople, their improvements and their land could be atrisk.

We will be in touch with the owner to discuss ourfindings and explore avenues to achieve resolutionacceptable to all.No response.

Team Leader Utilities - No concerns. Although thereare sufficient connections the CSRD would bereluctant to consider acquisition of utilities for aseasonal RV/Camping development.Team Leader Community Services - No concerns.Not serviced by CSRD Fire sen/ices agreement withCity of Revelstoke. Firesmart Principles and Practicesshould be considered.Team Leader Environmental Health - No concerns.Community Parks and Recreation Operator - Parksand Recreation have no concerns with this applicationfor re-zoning. Should the acquisition of additionalproperty, this re-zoning application be successful andthe owner applies for subdivision as a bareland strata,then the subdivision would be subject to parklanddedication.Manager Operations Management - No objections.Interests Unaffected by Bylaw.

No response.

No response.

No response.

Page 9 of 11


Akisqnuk First Nation No response.

Ktunaxa Nation Council The proposed land and resources developmentactivity falls within the territory of the Ktunaxa Nationin south-eastern BC. Ktunaxa Nation has AboriginalRights, including title that are protected under Section35 of the Constitution Act, 1982 of Canada.Further the Ktunaxa filed a "statement of intent" tonegotiate its outstanding Aboriginal Title and TreatyRights in their traditional territory in December 1993and negotiations are ongoing.We have 2 separate areas of concern to this referral.

1. With the potential of a new strata subdivision,we do have concerns about the potentialimpact on Lake Revelstoke through the loss ofor alteration of fish habitat (including shorelineand riparian areas), potential impact on waterquality from sedimentation and run off etc.Those impacts could potentially affect fish andfish habitat and our Aboriginal Fishing rights inthis area. There is also potential for impacts tocultural values associated with the ecosystem,cumulative impacts and traditional rights. Wewould expect to be kept informed of anyactivities that are to take place and to have theopportunity to review and comment on anyactivities and development plans related to there-zoning (assuming through the Provincialreferral process).

2. Our concerns regarding these zoning bylawamendments is not about the bylaw changeper se but in regards to potential impact toarchaeological resources and the acquisitionof 2 portions of land adjacent to the propertiesby the proponent. This area is near anarchaeological overview assessment polygonwhich indicates that there is potential forarchaeology in the area. If any furtherdevelopment is to occur in the area, we wouldexpect further consultation to determine whatrequired work needs to be done. The secondconcern that we have is the acquisition ofCrown Land by the proponent. In our view, theissuance of a Crown Grant will have asignificant impact on our Aboriginal title andrights by permanently alienating these lands.

Lower Kootenay Band No response.

Okanagan Indian Band No response.

Okanagan Nation Alliance No response.

Penticton Indian Band No response.

Shuswap Indian Band No response.

Page 10 of 11


Simpcw Indian BandSplats'in First NationSt. Mary Indian BandTobacco Plains Indian Band

No response.

Splats'in has no concerns with this referral.No response.

No response.

REVIEWED BY:

Development Services

Date Signed Off(MO/DD/YR)

^//P^r//7

Approval Signature of Reviewing Manager or Team Leader^ /< y ^.

^^C^&^T

Page 11 of 11

Location (1:10,000)

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Licence Legal Description ScheduleFile No: 4405562

Disposition No: 919910

That part of District Lot 2712, Kootenay District, except Block A, Plan 7884, more particularly shown outlined in red and containing0.005 hectares, more or less.

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Page /7 of H

MFLNRO Lands Branch Tenure 405164

Lirp.nce of

Occupation Legal Description ScheduleFile No: 4405521

Disposition No: 917966

That part of District Lot 2712, Kootenay District, except Block A, Plan 7884, more particularly shown outlined in red and containing0.014 hectares, more or less.

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Page /T of /-/

COLUMBIA SHUSWAP REGIONAL DISTRICT

ELECTORAL AREA 'B' OFFICIAL COMMUNITY PLAN AMENDMENT

fDOWNIE RV RESORTS LTD.) BYLAW NO. 850-7

A bylaw to amend the "Electoral Area 'B' Official Community Plan Bylaw No. 850"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No.850;

AND WHEREAS the Board deems it appropriate to amend Bylaw No.850;

NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meetingassembled, HEREBY ENACTS as follows:

1. "Electoral Area 'B' Official Community Plan Bylaw No. 850", as amended, is hereby furtheramended as follows:

A. MAP AMENDMENT

1. Schedule B (Overview Maps B1 - B5) which forms part of the "Electoral Area 'B'Official Community Plan Bylaw No. 850" is hereby amended by:

a. Redesignating those portions of Crown Land, which lands are moreparticularly shown cross-hatched in red on Schedule 1 attached heretoand forming part of this bylaw, from RSC Rural Resource to RC ResortCommercial.

2. Schedule D (Land Use Designation Maps) which forms part of the "Electoral Area'B' Official Community Plan Bylaw No. 850" is hereby amended by:

a. Redesignating those portions of Crown Land, which lands are moreparticularly shown cross-hatched in red on Schedule 2 attached heretoand forming part of this bylaw, from RSC Rural Resource to RC ResortCommercial.

Page 2 Bylaw No. 850-7

3. This Bylaw may be cited as "Electoral Area 'B' Official Community Plan Amendment (DownieRV Resorts Ltd.) Bylaw No. 850-7."

READ a first time this 19 day of. March ,2015

READ a second time, as amended, this_ day of. _, 2017

PUBLIC HEARING held this day of _, 2017

READ a third time this day of. _,2017

ADOPTED this day of. ,2017

CORPORATE OFFICER CHAIR

CERTIFIED true copy of Bylaw No. 850-7as read a third time.

CERTIFIED true copy of Bylaw No. 850-7as adopted.

Corporate Officer Corporate Officer

SCHEDULE 1

ELECTORAL AREA "B- OFFICIAL COMMUNITY PLAN AMENDMENT(DOWNIE RV RESORTS LTD.) BYLAW NO. 850-7

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SCHEDULE 2

ELECTORAL AREA -B- OFFICIAL COMMUNinf PLAN AMENDMENT(DOWNIE RV RESORTS LTD.) BYLAW NO. 850-7

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Subjed Property to ba redeslgnatedfrom: RSC-.Rural and Resourosto: RC - Resort CommercialDL 2712

COLUMBIA SHUSWAP REGIONAL DISTRICT

ELECTORAL AREA -B" ZONING AMENDMENT

(DOWNIE RV RESORTS LTD.) BYLAW NO. 851-3

A bylaw to amend the "Electoral Area 'B' Zoning Bylaw No.851"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 851;

AND WHEREAS the Board deems it appropriate to amend Bylaw No. 851;

NOW THEREFORE the Board of the Columbia Shuswap Regional District in open meetingassembled, HEREBY ENACTS as follows:

1. "Electoral Area 'B' Zoning Bylaw No. 851", as amended, is hereby further amended asfollows:

A. TEXT AMENDMENT

i. Table of Contents is hereby amended by adding Section "5.11 COMPREHENSIVEDEVELOPMENT B3 CDB3" after "5.10 COMPREHENSIVE DEVELOPMENT B2CDB2", and re-numbering subsequent sections.

ii. Section 1.0, Definitions is hereby amended by adding the following definitions:

a) by adding " RECREATIONAL VEHICLE OR PARK MODEL SPACE is the use ofland for parking no more than one recreational vehicle or park model, fortemporary or seasonal accommodation;" after the definition of" RECREATIONALVEHICLE";

b) by adding "RECREATIONAL VEHICLE OR PARK MODEL SHELTER BUILDINGis a type of accesso/y building with a roof, but without a floor, which may havelattice work or screening to a maximum height of 1 .5 metres above the groundsurface but which shall otherwise have no enclosing walls, intended to shelter arecreational vehicle or a par/( model from the sun, rain and snow, which may alsoshelter the entrance or parking area of the recreational vehicle or park model,and which is completely free-standing and unsupported by the recreationalvehicle or park model; excludes porches, sunrooms, structural additions, or anystructure having entry through a closeable door;" before the definition of"RECYCLING DROP-OFF FACILITY";

c) by adding "OPEN DECK means a structure, adjacent to but not supported by orattached to a recreational vehicle or park model for the purpose of providing anoutdoor recreation and amenity living area, which may be either open to the skyor roofed, and which shall have guard railings, if raised at least 200 mm abovefinished ground elevation and may have lattice work or screening to maximumheight of 1.5 metres above the floor of the deck, but which shall have noenclosing walls;" before the definition of "OPEN SPACE";

d) by adding "COTTAGE is the use of land for a detached building used forseasonal or temporary use as a dwelling unit," after the definition of"CONVENIENCE STORE";

....12

Bylaw No. 851-3 -2- Page 2

e) by adding "SEASONAL means occupation less than one hundred eighty two(182) days per calendar year;" before the definition of "SECONDARYDWELLING UNIT";

f) by adding " COMMON WASHROOM AND LAUNDRY FACILITY is a buildingconstructed specifically for the purpose of containing washroom facilitiesincluding showers and laundry facilities which are owned in common and canonly be used by owners, or their guests," after the definition of "COMMERCIALMOORAGE FACILTY".

ill. Part 5, Zones, Section 5.0 (1) Establishment of Zones, Table 3 Zone Titles and ZoneSymbols, is hereby amended by inserting "Comprehensive Development B3" after"Comprehensive Development B2" in Column 1 Zone Title, and "CDB3" after "CDB2"in Column 2 Zone Symbol.

iv. Part 5, Zones, Land Use Zones, is hereby amended by adding new Section 5.11 as

follows:

"5.11: COMPREHENSIVE DEVELOPMENT B3 (DOWNIE RV RESORT) CDB3

Development Area 1

Principal Uses

1) The uses stated in this subsection and no others are permitted in the area zoned CDB3Development Area 1 as principal uses, except as stated in Part 3: General Regulations:

(a) Single Family Dwelling(b) Tourist Cabin

Secondary Uses

2) The uses stated in this subsection and no others are permitted in the area zoned CDB3Development Area 1 as secondary uses, except as stated in Part 3: GeneralRegulations:

(a) accessory use

(b) home occupation

Regulations

3) On an area zoned CDB3 Development Area 1, no land shall be used; no building orstructure shall be constructed, located or altered; and no plan of subdivision approved;that contravenes the regulations stated in this subsection, except as stated in Part 3:General Regulations and Part 4: Parking and Loading Regulations.

...13


COLUMN 1MATTER REGULATED

(a) Minimum parce/size created by subdivision(b) Maximum parcel coverage(c) Maximum number of single family dwellings per parcel(d) Maximum number of tourist cabins per parcel(e) Maximum gross floor area of tourist cabin

(f) Maximum gross floor area of accesso/y building(g) Maximum gross floor area of a home occupation

(h) Maximum height for:• principal buildings and structures• accesso/y buildings

(i) Minimum setoacA-from:

• front parcel boundary

• rear parcel boundary

• interior side parcel boundary

(j) Sen/icing standard

COLUMN 2REGULATION

1.09 ha.

20%OneOne75m2

100m2100m2

11.5m10m

5 m5 m2m

Community water system and

Onsite sewage disposal system

Development Area 2

Principal Uses


(a) Single Family Dwelling(b) Tourist Cabin(c) Public Utility

Secondary Uses


(a) Accessory use

(b) Boat storage(c) Home occupation

Regulations


.../4



(a) Minimum parcel size created by subdivision(b) Maximum parcel coverage(c) Maximum number of single family dwellings per parcel(d) Maximum number of tourist cabins(e) Maximum gross floor area of tourist cabin(f) Maximum gross floor area of an accessory building

(g) Maximum gross floor area of a home occupation

(h) Maximum height for:• principal buildings and structures• accesso/y buildings

(i) Minimum setoac/cfrom:• front parcel boundary

• rear parcel boundary

• interior side parcel boundary

0) Servicing standard

COLUMN 2REGULATION

1.23 ha.

20%OneOne75m2

100m2

100m2

11.5m

10m

5 m5 m2m

Community water system andOnsite sewage disposal system

Development Area 3

Principal Uses


(a) Recreational vehicle or Park Model space

(b) Cottage, only permitted where no Recreational Vehicle or Park Model Space is

present on the property

(c) Public Utility

Secondary Uses


(a) Recreational vehicle or Park Model Shelter Building(b) Open deck(c) Accessory use

Reflulations


.../5



(a) Minimum average parcel size created by subdivision(b) Maximum number of parcels in Development Area 3(c) Maximum number of recreational vehicles or park modelsper parcel(d) Maximum number of Recreational vehicle or park modelshelter buildings per parcel(e) Maximum number of cottages per parcel*(e) Maximum parcel coverage(f) Maximum gross floor area of a Recreational vehicle or parkmodel shelter building or cottage(g) Maximum gross floor area of an open deck(h) Maximum gross floor area of an Accesso/y Building(i) Maximum building and structure height for:

• Recreational vehicle or park model shelter building• >4ccesso/y building

0) Minimum setback for a Recreational vehicle or park modelshelter building, cottage or accesso/y building from:

• front parcel boundary• rear parcel boundary• interior side parcel boundary• exterior side parcel boundary

(k) Servicing standard

COLUMN 2REGULATION

500m259One

One

*0ne

40%100m2

35.67 m275m2

11.5m8.0m

5.0m

7.5m

3.0m

5.0m

Community water system andCommunity sewer system

* Cottage is only a permitted use where no Recreational Vehicle or park model space is presenton a parcel.

Development Area 4

Principal Uses


(a) Camping Space(b) Boat launch(c) Fixed or Floating Dock(d) Common washroom and laundry facility(e) Public Utility(f) Accessory use

....,6


Regulations

2) On an area zoned CDB3 Development Area 4, no land shall be used; no building orstructure shall be constructed, located or altered; and no plan of subdivision approved;that contravenes the regulations stated in this subsection, except as stated in Part 3:General Regulations and Part 4: Parking and Loading Regulations


(a) Maximum number of camping spaces(b) Maximum number of common washroom and laundry

facilities(c) Maximum building and structure height for:

• Principal Use buildings• Accessory Buildings

(d) Servicing standard

COLUMN 2REGULATION

31

8.0m

8.0m

Community water system andCommunity sewer system

v. Part 5, Zones, Land Use Zones, is hereby amended by re-numbering Sections 5.11

to 5.21 to Sections 5.12 to 5.22.

B. MAP AMENDMENT

i. Schedule B, Zoning Bylaw Overview Maps, and Schedule C, Zoning BylawMapsheets, which form part of the "Electoral Area 'B' Zoning Bylaw No.851" arehereby amended by:

a) rezoning that part of Lot 1, District Lot 2712, Kootenay District, Plan EPP44429;which is more particularly shown outlined in bold red and hatched on Schedule 1attached hereto and forming part of this bylaw; and which is also shown outlinedin blue, coloured pink and labelled DA1 on Schedule 2 attached hereto andforming part of this bylaw, from RC1 RESORT COMMERCIAL 1 toCOMPREHENSIVE DEVELOPMENT ZONE B3 CDB3 DEVELOPMENT AREA1;

b) rezoning that portion of Crown Land, which is more particularly shown outlined inbold green and hatched green on Schedule 1 attached hereto and forming part ofthis bylaw; and which is also shown outlined in blue, coloured pink and labelledDA1 on Schedule 2 attached hereto and forming part of this bylaw, from RURALAND RESOURCE RSC to COMPREHENSIVE DEVELOPMENT ZONE B3 CDB3DEVELOPMENT AREA 1

c) rezoning that part of Lot 1, District Lot 2712, Kootenay District, Plan EPP44429,which is more particularly shown outlined in bold red and hatched on Schedule 1attached hereto and forming part of this bylaw; and which is also shown outlinedin blue, coloured turquoise and labelled DA2 on Schedule 2 attached hereto andforming part of this bylaw, from RC1 RESORT COMMERCIAL 1 toCOMPREHENSIVE DEVELOPMENT ZONE B3 CDB3 DEVELOPMENT AREA2;

.17


d) rezoning that part of Lot 1, District Lot 2712, Kootenay District, Plan EPP44429;and District Lot 2772, Kootenay District, Except Part Included in Plan 7884 whichis more particularly shown outlined in bold red and hatched on Schedule 1attached hereto and forming part of this bylaw; and which is also shown outlinedin blue, coloured yellow and labelled DA3 on Schedule 2 attached hereto andforming part of this bylaw, from RC1 RESORT COMMERCIAL 1 toCOMPREHENSIVE DEVELOPMENT ZONE B3 CDB3 DEVELOPMENT AREA3;

e) rezoning that part of Lot 1, District Lot 2712, Kootenay District, Plan EPP44429;and District Lot 2772, Kootenay District, Except Part Included in Plan 7884 whichis more particularly shown outlined in bold red and hatched on Schedule 1attached hereto and forming part of this bylaw; and which is also shown outlinedin blue, coloured grey and labelled DA4 on Schedule 2 attached hereto andforming part of this bylaw, from RC1 RESORT COMMERCIAL 1 toCOMPREHENSIVE DEVELOPMENT ZONE B3 CDB3 DEVELOPMENT AREA4;

f) rezoning that portion of Crown Land, which is more particularly shown outlined inbold green and hatched green on Schedule 1 attached hereto and forming part ofthis bylaw; and which is also shown outlined in blue, coloured yellow and labelledDA3 on Schedule 2 attached hereto and forming part of this bylaw, from RURALAND RESOURCE RSC to COMPREHENSIVE DEVELOPMENT ZONE B3 CDB3DEVELOPMENT AREA 3.

....,8

Bylaw No. 851-3 -8- Page8

2. This bylaw may be cited as " Electoral Area 'B' Zoning Amendment (Downie RV Resorts Ltd.)Bylaw No. 851-3"

READ a first time this 19th day of March _,2015.

READ a second time, as amended, this _ day of _, 2017.

PUBLIC HEARING held this day of _, 2017.

READ a third time this day of 2017.

ADOPTED this day of _,2017.

CORPORATE OFFICER CHAIR

CERTIFIED true copy of Bylaw No. 851-3as read a third time.

CERTIFIED true copy of Bylaw No. 851-3as adopted.

Corporate Officer Corporate Officer

....,9


SCHEDULE 1

ZONING AMENDMENT

ELECTORAL AREA 'B' ZONING AMENDMENT(DOWNIE RV RESORT LTD.) BYLAW NO. 851-3

QL 11^26DL 2712

Subject Property to be rezonedfrom: RSC-Rural and Rpsouroeto: CDB3- Compretensive Devetopmert B3

Subject Property to be rezonedfrom: RC1-Ftesort Commercial 1to: CDB3- Comprehensn/e Devetopmert B3

DL 2772

.../10

Bylaw No. 851-3 -10- Page 10

SCHEDULE 2

ZONING AMENDMENT

ELECTORAL AREA 'B' ZONING AMENDMENT(DOWNIE RV RESORT LTD.) BYLAW NO. 851-3

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Documents

BOARD REPORT CSRD THAT: RECOMMENDATION #2 Board Re… · Senior Planner File No: BL 850-7 BL 851-3 Date: November 28, 2016 Electoral Area 'B' Official Community Plan Amendment (Downie