BOARD REPORT

TO: Chair and Directors File No: BL2563 PL20190162

SUBJECT: Electoral Area D: Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 DESCRIPTION: Report from Erica Hartling, Planner I, October 1, 2019. 5488 Lynes Road, Falkland RECOMMENDATION: THAT: "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563” be read a first time this 17th day of October, 2019. AND THAT: the Board utilize the simple consultation process for Bylaw No. 2563, and it be referred to the following agencies and :  Interior Health;  FrontCounter BC;  Archaeology Branch;  Ministry of Transportation and Infrastructure;  CSRD Operations Management;  CSRD Financial Services; and,  All relevant First Nations Bands and Councils.

SHORT SUMMARY: The subject property is located at 5488 Lynes Road in Falkland of Electoral Area D. The owners are applying to amend the zone and designation of the Salmon Valley Land Use Bylaw No. 2500 from R - Rural (60 ha minimum parcel size) to RR – Rural Residential (1 ha minimum parcel size) to be able to apply to subdivide the property. The property owners’ current proposal is for a two phased subdivision plan, during the first phase the owners would like to apply to subdivide four lots with a fifth remainder lot containing their home. In the future for the second phase, the owners plan to apply to subdivide three additional lots from the remainder lot. In total the owners’ two proposed subdivision plans would split the subject property into eight rural residential lots; however, as the subject property is 21.02 ha the proposed RR zone may permit up to a maximum of twenty-one 1 ha lots.

Unweighted LGA Part 14 Weighted Stakeholder VOTING: Corporate (Unweighted) Corporate (Weighted)

BACKGROUND: REGISTERED OWNER(S): Gerhard and Gisela Froese

ELECTORAL AREA: D Page 1 of

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Board Report BL2563 October 17, 2019

LEGAL DESCRIPTION: The south 1/2 of the south east 1/4 of Section 11, Township 18, Range 12, West of the 6th Meridian, Division Yale District, Except Plans 20894, 22333, 24298, 26908, 27062, 29773 and EPP25552

CIVIC ADDRESS: 5488 Lynes Road, Falkland

SURROUNDING LAND USE PATTERN: North = Crown land South = Rural and agriculture East = Rural and Crown land (Silvernails Bench) West = Rural Residential (Falkland)

CURRENT USE: One single family dwelling

PROPOSED USE: Rezone to be able to apply to subdivide the property into eight rural residential lots

PARCEL SIZE: 21.02 ha (51.94 acres)

DESIGNATION & ZONE: Salmon Valley Land Use Bylaw No. 2500 R - Rural (60 ha minimum parcel size) RR – Rural Residential (1 ha minimum parcel size)

PROPOSED DESIGNATION & ZONE: Salmon Valley Land Use Bylaw No. 2500 RR – Rural Residential (1 ha minimum parcel size)

AGRICULTURAL LAND RESERVE: 0%

SITE COMMENTS: See site plans and maps in the "Maps_Plans_Photos_BL2563.pdf" attached.

A site visit was not conducted for this redesignation and rezoning application. The site information provided in this report is based on CSRD mapping, orthophoto interpretation, and details provided by the owners.

The subject property lies south and at the base of the Spa Hills plateau, in between and bordering the communities of Falkland and the Silvernails Bench area. Slopes on the south half of the property are relatively gentle and increasing to become steep on the northern section of the property. The property currently contains one single family dwelling that is serviced by an onsite septic system and a well, with the remaining land vacant and forested. The property is surrounded by rural residential properties to

Page 2 of 10 Board Report BL2563 October 17, 2019 the west and south, with crown land to the east and north. Mapping indicates intermittent watercourses coming off the upper slopes of Spa Hills, which cross the property.

As a condition of approval for a previous boundary adjustment, the owners were required to have a covenant registered on the two titles, recognising potential flood and erosion dangers associated with the land. As per Covenant CA3598385, the land owner must not make improvements to the land or develop within 15 meters from the natural boundary or below 1.5 meters above the natural boundary, of any unnamed creek. The covenant saves harmless the CSRD and the Crown in the event of erosion or flood damage to any portion of the subject property.

POLICY: Salmon Valley Land Use Bylaw No. 2500 – Policies, General Regulations, and Zones See staff discussion of the applicable policies and land use regulations in the Key Issues/Concepts section of this report. See excerpts of the relevant policies and land use regulations in the attached “BL2500_Excerpts_BL2563.pdf”.

 1.7 - Rural and Agricultural Character  1.8 - Land Resource Capability  1.9 - Land Use Pattern  1.10 - Redesignation Criteria  1.12 - Hazardous Areas  2.4 – R – Rural Zone  2.6 – RR – Rural Residential

FINANCIAL: There are no financial implications to the CSRD with regard to this application. The CSRD Finance and Operations departments will review the bylaw amendment as it pertains to the CSRD Financial Plan and Waste Management Plan as part of the recommended referral process. As the bylaw amendment proposes a subdivision of more than 3 lots less than 2 ha in size, then parkland dedication or cash-in-lieu may be required to be provided to the CSRD in accordance with Section 510 of the Local Government Act. Parkland dedication will be determined at the time of a subdivision application, once the applicant submits a proposed plan of subdivision. The CSRD Parks department will review the bylaw amendment as it pertains to the CSRD Policy P-05 Parkland Dedication, as part of the recommended referral process.

KEY ISSUES/CONCEPTS: Previous Subdivision The subject property went through a boundary adjustment that was approved in 2013. The boundary adjustment divided 4.17 ha from the subject property and added it to the southern neighbouring 0.4 ha lot (5556 Lynes Road), creating a 4.58 ha lot (5556 & 5572 Lynes Road) and the remaining 21.02 ha subject property (5488 Lynes Road). The boundary adjustment did not require a rezoning from the R - Rural (60 ha minimum parcel size) zone to another zone that permits smaller parcel sizes, as it met the requirements of Bylaw No. 2500 Section 2.2.13.3. Under Section 2.2.13.3, the minimum parcel area regulations shall not apply where: no additional parcels are created; all parcels are contiguous; and, no parcel shall be enlarged to a size permitting further subdivision.

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Proposal See proposal and site plans in the "Maps_Plans_Photos_BL2563.pdf" attached.

The property owners’ current development proposal is for a two phased subdivision, during the first phase the owners would like to apply to subdivide four lots (three 1 ha lots and one 9 ha lot) with a remainder lot of 9 ha containing their home (creating a total of 5 lots). In the future for the second phase, the owners plan to apply to subdivide three additional lots from the 9 ha remainder lot containing their home, in total the two subdivision plans would split the subject property into eight rural residential lots. Under the R zone the minimum parcel size is 60 ha and a redesignation and rezoning from R to RR (1 ha minimum parcel size) is required to allow for the proposed eight lot subdivision. The proposed RR zone may permit up to a maximum of twenty-one 1 ha lots for the subject property.

If the Board approves this bylaw amendment application, the applicant may proceed with a subdivision application through the Ministry of Transportation and Infrastructure and the CSRD.

Maximum Number of Parcels Permitted & Subdivision Constraints As previously noted, the RR zone would permit a maximum of twenty-one 1 ha lots for the subject property, which is based solely on the property size (21.02 ha) and the minimum parcel size of 1 ha permitted in the RR zone. The number of future lots that may be subdivided from the subject property will likely be limited to less than 21 due to the steep slopes and several water courses running through the property, and the limited road frontage, access, and the need for on-site sewage disposal and water supply to be provided for each lot.

The Salmon Valley Land Use Bylaw No. 2500 (Bylaw No. 2500) was adopted on April 19, 1991 and the Subdivision Serving Bylaw No. 592 (Bylaw No. 592) on March 19, 1992; the CSRD has since repealed Bylaw No. 592 and replaced it with the Subdivision Servicing Bylaw No. 641 (Bylaw No. 641), adopted February 16, 2012. Bylaw No. 641 contains stricter regulations and requirements over safe building sites, accesses and required road frontage, and sewage disposal and water supply. If the property is rezoned to the RR zone, then at the time of subdivision all proposed lots will need to meet the requirements of Bylaw No. 641 and the requirements of the Ministry of Transportation and Infrastructure.

Redesignation Criteria Policies in Bylaw No. 2500 Applications for redesignation to RR shall be evaluated against the following criteria:  soils should be suitable for sewage disposal (see discussion in Sewage Disposal and Water Supply section of this report)  water supply should be adequate to meet development needs (see discussion in Sewage Disposal and Water Supply section of this report)  the redesignation should not have a negative impact on the viability of agricultural uses (see discussion in Rural and Agricultural Character and Land Resource Capability section of this report)  the area shall meet the locational requirements set out in other policies of this bylaw (see discussion in Land Use Pattern section of this report)

Rural and Agricultural Character and Land Resource Capability See Agricultural Land Reserve (ALR), soil capability, and farm status map in the "Maps_Plans_Photos_BL2563.pdf" attached.

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The ‘Rural and Agricultural Character’ and ‘Land Resource Capability’ policies of Bylaw No. 2500 may consider new RR designations on parcels approximately 1 ha (2.5 acres) in size and located in areas where the residential use clearly will not have a negative impact on agricultural uses. Land within the Agricultural Land Reserve (ALR) and Class 4 or better agricultural land are considered ‘good’ agricultural land in Bylaw No. 2500. Residential uses shall be encouraged to locate on land with low agricultural resource, or wildlife capability, and on land with soils suitable for sewage disposal.

The subject property is located outside of the Agricultural Land Reserve and the Canada Land Inventory Soil mapping indicates that 97% of the property contains Class 6 - Class 7 soils and that the soils are not improvable. Only 3% of the property contains Class 4 soils, these soils are located in the south west corner, divided by an intermittent creek, and surrounded by rural residential lots to the north, east, and west, with Lynes Road to the south.

Land Use Pattern See zoning, orthophotos, and community overview maps in the "Maps_Plans_Photos_BL2563.pdf" attached.

The ‘Land Use Pattern’ policies direct future rural residential uses with a minimum parcel size of 1 hectare to areas within the communities of Falkland and the Silvernails Bench area (subject to mitigation of fire interface issues). Future single family residential uses with a minimum parcel size of 1400 m² or less and multifamily residential uses shall be limited to areas within the community of Falkland.

Lands currently within the Silvernails Bench area are primarily zoned and designated RR and range from 1-2 ha in size and are serviced by on-site sewage disposal and water. Interior Health supports on-site sewage disposal and water where the minimum parcel size is 1 ha, so that the parcel will have enough site area to facilitate onsite serving. The minimum 1 ha parcel for onsite servicing is also a regulatory minimum requirement in Bylaw No. 641. The concentration of the residential lands within Falkland have been given the higher density RS - Single and Two Family Residential designation (1400 m2 minimum parcel size), as these lands are serviced by a community water system. The subject property is within the Falkland Fire Service Area, in-between and borders the boundaries of the Falkland and the Silvernails Bench areas, and the RR designation (1 ha minimum parcel size) has been applied to lands specifically surrounding the subject property and outside the two areas. The proposed redesignation and rezoning and potential subdivision are consistent with Bylaw No. 2500 policies and would not significantly change or negatively impact the nearby rural and agricultural properties.

Access Access to each proposed lot will be off of Lynes Road. At the time of subdivision the owners will need to submit a site plan that shows access driveways to building sites, including location, grades and dimensions of access driveways. As per the requirements of Bylaw No. 641, all access driveways to single dwelling units must be a minimum of 4.0 m wide and have a maximum grade on the property of less than 15%.

Safe Building Sites An objective of the CSRD is to prevent development on hazardous areas. The flood and erosion potential from the unnamed creeks was addressed at the time of a previous boundary adjustment by way of a

Page 5 of 10 Board Report BL2563 October 17, 2019 save harmless covenant but no professional report was required. However, as there are slopes having a gradient of 30% or greater over the subject property, at the time of subdivision Ministry of Transportation and Infrastructure has notified the CSRD that they will require the owners to submit a Geotechnical assessment for the proposed subdivision.

In addition to MOTI’s requirement of a hazardous lands geotechnical assessment, the CSRD will require the owners to submit a site plan with their subdivision application that shows adequate building sites for all parcels proposed to be subdivided. Where on-site sewage disposal and water are proposed, the building site must be 1000 m2 in area having average natural pre-development slopes in the identified area of less than 20%.

Sewage Disposal and Water Supply The subject property currently contains one single family dwelling that is serviced by an onsite septic system and a well. At time of subdivision the owners will be required to submit proof that an adequate sanitary sewage disposal method for each lot can be provided. All new parcels created by subdivision must be provided with an independent on-site water system. The proposed subdivision is located in an area that is bordering a known aquifer and is not an area of concern for groundwater issues, as identified on the Mapping for Areas of Groundwater Concern. At the time of subdivision the applicant will be required to submit well reports together with a water quality analysis, indicating a potable source.

Parkland Dedication As the bylaw amendment proposes a subdivision of more than 3 lots less than 2 ha in size, then parkland dedication or cash-in-lieu may be required to be provided to the CSRD in accordance with Section 510 of the Local Government Act. Parkland dedication will be determined at the time of a subdivision application, once the applicant submits a proposed plan of subdivision.

SUMMARY: The applicant has applied to amend the designation and zone of the Salmon Valley Land Use Bylaw No. 2500 from R – Rural to RR – Rural Residential for the subject property. The applicant has made this bylaw amendment application to be able to apply to subdivide the subject property.

Staff recommends Bylaw No. 2563 be given first reading and sent to the referral agencies for the following reasons:  The subject property does not contain good agricultural land, as defined in the agricultural policies of Bylaw No. 2500;  The rural residential uses on each proposed lot are consistent with the land use policies in Bylaw No. 2500 and with the adjacent communities of Falkland and Silvernails Bench;  The redesignation and rezoning and the potential subdivision would not significantly change or negatively impact the surrounding rural residential properties to the west and south, or negatively impact the vacant crown land to the north and east; and,  Safe building sites, access, and proof of adequate water and sewage disposal on each proposed lot will be required during the subdivision stage if Bylaw No. 2563 is approved.

IMPLEMENTATION: Consultation Process

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CSRD Policy P-18 regarding Consultation Processes – Bylaws, staff recommends the simple consultation process. Neighbouring property owners will first become aware of the application when a notice of application sign(s) is posted on the subject property.

Referral Process The following list of referral agencies and First Nations Bands and Councils is recommended:  Interior Health;  Ministry of Forests, Lands, Natural Resource Operations and Rural Development – FrontCounter BC;  Ministry of Forests, Lands, Natural Resource Operations and Rural Development – Archaeology Branch;  Ministry of Transportation and Infrastructure;  CSRD Operations Management;  CSRD Financial Services;  ;  ;  Cook's Ferry Indian Band;  Little ;  ;  Lower Similkameen Indian Band;  ;  ;  Nlaka'pamux Nation ;  Okanagan Indian Band;  Okanagan Nation Alliance;  ;  Penticton Indian Band;  ;  ;  Splats'in First Nation;  Stk'emlups te ;  Tk'emlups Indian Band;  ; and,  Esh-kn-am Cultural Resources Management Services.

COMMUNICATIONS: If the Board gives Bylaw No. 2563 first reading, the bylaw will be sent out to referral agencies. Referral responses will be provided to the Board with a future Board report, prior to delegation of a public hearing.

DESIRED OUTCOMES: That the Board endorse staff recommendation.

BOARD’S OPTIONS:

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1. Endorse the Recommendation. 2. Deny the Recommendation. 3. Defer. 4. Any other action deemed appropriate by the Board.

LIST NAME OF REPORT(S) / DOCUMENT(S) AVAILABLE FROM STAFF: 1. Salmon Valley Land Use Bylaw No. 2500 2. Subdivision Servicing Bylaw No. 641

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Report Approval Details

Document Title: 2019-10-17_Board_DS_BL2563_first_Froese.docx

Attachments: - BL2563_first.pdf - BL2500_Excerpts_BL2563.pdf - Maps_Plans_Photos_BL2563.pdf Final Approval Date: Oct 9, 2019

This report and all of its attachments were approved and signed as outlined below:

Corey Paiement

Gerald Christie

Jodi Pierce

Darcy Mooney

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Lynda Shykora

Charles Hamilton

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