PUBLIC HEARING INFORMATION PACKAGE Salmon Valley Land Use Amendment Bylaw No

COLUMBIA SHUSWAP REGIONAL DISTRICT

PUBLIC HEARING INFORMATION PACKAGE Salmon Valley Land Use Amendment Bylaw No. 2563 Froese

DATE: Monday, January 20, 2020 TIME: 7:00 PM PLACE: Falkland Seniors Hall 5706 Highway 97, Falkland BC

Note: The public information received to date for Bylaw No. 2563 can be viewed in this PDF document. For ease of navigation, you can use the bookmark links to go to a specific point of interest. 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, November 18, 2019. 5488 Lynes Road, Falkland RECOMMENDATION THAT: Pursuant to Section 477 of the Local Government Act, the Board #1: has considered "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563" in conjunction with the Columbia Shuswap Regional District's Financial Plan and its Waste Management Plan. RECOMMENDATION THAT: "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563” #2: be read a second time this 6th day of December, 2019. RECOMMENDATION THAT: a public hearing to hear representations on "Salmon Valley Land #3: Use Amendment (Froese) Bylaw No. 2563" be held; AND THAT: notice of the public hearing be given by 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 Talbot, Electoral Area D, being that in which the land concerned is located, or to Alternate Director De Vos, if the Director is absent, and the Director or Alternate Director, as the case may be, give a report of the public hearing to the Board.

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.

The bylaw was given first reading and the Board directed staff to refer the bylaw to applicable agencies and First Nations for comment. Comments have been received and are summarized in this report. It is now appropriate for the Board to consider the bylaw for second reading and referral to a public hearing.

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

Page 1 of 6

Board Report BL2563 December 6, 2019

BACKGROUND: See Board Report first reading and maps, plans, and photos in the attached "2019-10- 17_Board_DS_BL2563_first_Froese.pdf" and "Maps_Plans_Photos_BL25.pdf".

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. See Board Report first reading in the attached "2019-10-17_Board_DS_BL2563_first_Froese.pdf".

KEY ISSUES/CONCEPTS: See staff discussion of the bylaw amendment proposal in the attached "2019-10- 17_Board_DS_BL2563_first_Froese.pdf".

Update The Board gave first reading of Bylaw No. 2563 at its October 17, 2019 Board meeting and directed staff to follow the simple consultation process and refer the bylaw amendment to applicable agencies and First Nations for comment. Referral comments have now been received and are summarized in the Communications section of this report. See copies of the complete referral responses "Agency_Referral_Responses_BL2563.pdf" attached.

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 continue to support Bylaw No. 2563, 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;

Page 2 of 6 Board Report BL2563 December 6, 2019

 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. As no concerns were raised during the referral process, staff is recommending that the bylaw be considered for second reading and referral to a public hearing in order to hear the views of the public on this matter.

IMPLEMENTATION: Consultation Process Neighbouring property owners first became aware of the application when a notice of application sign was posted on the property. As of the date of this report, no written submissions from the public have been received. If the Board approves the staff recommendation, a public hearing will be scheduled to receive input from the public.

COMMUNICATIONS: If the Board supports second reading of Bylaw No. 2563 and delegates a Public Hearing, staff will proceed with notification of property owners within 100 metres and publication of notices as required by the Local Government Act.

Bylaw No. 2563 was referred to the following agencies and First Nations for comments, which are summarized below. See "Agency_Referral_Responses_BL2563.pdf" attached.

 Interior Health: Interests unaffected by bylaw. Interior Health completed an initial review and identified that there are no health impacts associated with this proposal.

 Archaeology Branch: Approval recommended subject to conditions. o There are no known archaeological sites recorded on the subject property. o Archaeological potential modelling indicates there is high potential for previously unidentified archaeological sites to exist in the south west corner of the subject property and moderate potential for the majority of the subject property. o If land‐altering activities are planned for the subject property, a Provincial heritage permit is not required prior to commencement of those activities. o A Provincial heritage permit will be required if archaeological materials are exposed and/or impacted during land‐altering activities. o The Archaeology Branch recommends engaging an eligible consulting archaeologist prior to any land‐altering activities.

 Ministry of Transportation and Infrastructure (MOTI): MOTI staff will be performing a site visit to the subject property to review the current road conditions, following the site visit MOTI staff will provide their referral response. Development Services staff will attach the referral comments to this report or handout and present the comments to the Board at the December 6, 2019 meeting.

 CSRD Operations Management: o Utilities, Emergency Management, and Solid Waste and Recycling functions: No concerns

Page 3 of 6 Board Report BL2563 December 6, 2019

o Fire Services function: The subject property is within the boundaries of the Falkland Fire Protection Area. Confirmation of compliance with access requirements as per MOTI guidelines and CSRD Subdivision Servicing Bylaw required. FireSmart principles and practices to be encouraged. o Parks and Community Services function: CSRD Parks would request cash-in-lieu of parkland dedication at the time of subdivision. The developers should review Policy P-05 Parkland Dedication as a Function of Subdivision. The developer should contact the Team Leader of Community Services to discuss appraisal process. o Administration function: The proposed bylaw has been reviewed as per Section 477 of the Local Government Act and is consistent with the Columbia Shuswap Regional District's Waste Management Plan.

 CSRD Financial Services: The proposed bylaw has been reviewed as per Section 477 of the Local Government Act and is consistent with the CSRD's current financial plan.

 Little Shuswap Indian Band: o The subject property has one known Little Shuswap Lake Band CHR (cultural heritage value resource) and several more within several kms. The subject property is 1.6 km from an archaeological site and within 10 km of three additional archaeological sites. The property has areas of moderate potential for archaeology and is nearby to areas with HIGH potential for archaeology (RAAD3-BC Archaeology Branch). o LSIB requests information on what type of sewage system will be employed for the proposed multiple family subdivision. . Staff responded to the LSIB with information on what will be required at the time of subdivision regarding proof of adequate sewage disposal for each proposed lot. Staff also informed LSIB that they will forward their comments on to the applicant. o LSIB requests that any EA or CHR related reports associated with this property, or which are generated out of this project are shared with them. o LSIB recommends that a First Nation community Preliminary Field Reconnaissance (PRF) be performed on this property, with time for analysis of results before the subdivision will proceed. . Staff informed the applicant that the LSIB recommends that a First Nation community PFR be performed on their property, with time for analysis of results before the subdivision will proceed.

 Penticton Indian Band: Reviewed the referral and deferred further consultation and engagement to the Okanagan Indian Band. . Staff have not received a response from the Okanagan Indian Band at this time.

The following agencies and First Nations did not respond to the request for comments:  FrontCounter BC;  Adams Lake Indian Band;  Coldwater Indian Band;  Cook's Ferry Indian Band;  Lower Nicola Indian Band;  Lower Similkameen Indian Band;  Lytton First Nation;

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 Neskonlith Indian Band;  Nlaka'pamux Nation Tribal Council;  Okanagan Indian Band;  Okanagan Nation Alliance;  Oregon Jack Creek Band;  Siska Indian Band;  Skeetchestn Indian Band;  Splats'in First Nation;  Stk'emlups te Secwepemc;  Tk'emlups Indian Band;  Upper Nicola Band; and,  Esh-kn-am Cultural Resources Management Services.

DESIRED OUTCOMES: That the Board endorse staff recommendations. BOARD’S OPTIONS: 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

Page 5 of 6 Board Report BL2563 December 6, 2019

Report Approval Details

Document Title: 2019-12-06_Board_DS_BL2563_second_Froese.docx

Attachments: - BL2563_second.pdf - 2019-10-17_Board_DS_BL2563_first_Froese.pdf - BL2563_first.pdf - BL2500_Excerpts_BL2563.pdf - Agency_Referral_Responses_BL2563.pdf - Maps_Plans_Photos_BL2563.pdf Final Approval Date: Nov 26, 2019

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

Corey Paiement

Gerald Christie

No Signature - Task assigned to Lynda Shykora was completed by assistant Jennifer Sham

Lynda Shykora

Charles Hamilton

Page 6 of 6

COLUMBIA SHUSWAP REGIONAL DISTRICT

SALMON VALLEY LAND USE AMENDMENT

(FROESE) BYLAW NO. 2563

A bylaw to amend the "Salmon Valley Land Use Bylaw No. 2500"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 2500;

AND WHEREAS the Board deems it appropriate to amend Bylaw No. 2500;

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

1. "Salmon Valley Land Use Bylaw No. 2500" is hereby amended as follows:

A. MAP AMENDMENTS

i) Schedule A, the OCP Designation Maps, which form part of the "Salmon Valley Land Use Bylaw No. 2500", as amended, is hereby further amended by: redesignating the south 1/2 of the south east 1/4 of Section 11, Township 18, Range 12, West of the 6th Meridian, Kamloops Division Yale District, Except Plans 20894, 22333, 24298, 26908, 27062, 29773 and EPP25552, which part is more particularly shown hatched on Schedule 1 attached hereto and forming part of this bylaw from R – Rural to RR – Rural Residential.

ii) Schedule C, Land Use Zoning Maps, which form part of the "Salmon Valley Land Use Bylaw No. 2500", as amended, is hereby further amended by: rezoning the south 1/2 of the south east 1/4 of Section 11, Township 18, Range 12, West of the 6th Meridian, Kamloops Division Yale District, Except Plans 20894, 22333, 24298, 26908, 27062, 29773 and EPP25552, which part is more particularly shown hatched on Schedule 1 attached hereto and forming part of this bylaw from R – Rural to RR – Rural Residential.

…./2

Bylaw No. 2563 Page 2

2. This bylaw may be cited as "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563"

READ a first time this 17th day of October , 2019.

READ a second time this day of , 2019.

PUBLIC HEARING held this day of , 2019.

READ a third time this day of , 2019.

RECEIVED THE APPROVAL of the Ministry of Transportation and Infrastructure this______day of , 2019.

ADOPTED this day of , 2019.

CORPORATE OFFICER CHAIR

CERTIFIED a true copy of Bylaw No. 2563 CERTIFIED a true copy of Bylaw No. 2563 as read a third time. as adopted.

Corporate Officer Corporate Officer

…./3

Bylaw No. 2563 Page 3

SCHEDULE 1

SALMON VALLEY LAND USE AMENDMENT

(FROESE) BYLAW NO. 2563

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 First Nations:  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.

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

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, Kamloops 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.

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.

Page 3 of 10 Board Report BL2563 October 17, 2019

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.

Page 4 of 10 Board Report BL2563 October 17, 2019

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.

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

Page 6 of 10 Board Report BL2563 October 17, 2019

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;  Adams Lake Indian Band;  Coldwater Indian Band;  Cook's Ferry Indian Band;  Little Shuswap Indian Band;  Lower Nicola Indian Band;  Lower Similkameen Indian Band;  Lytton First Nation;  Neskonlith Indian Band;  Nlaka'pamux Nation Tribal Council;  Okanagan Indian Band;  Okanagan Nation Alliance;  Oregon Jack Creek Band;  Penticton Indian Band;  Siska Indian Band;  Skeetchestn Indian Band;  Splats'in First Nation;  Stk'emlups te Secwepemc;  Tk'emlups Indian Band;  Upper Nicola 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:

Page 7 of 10 Board Report BL2563 October 17, 2019

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

Page 8 of 10 Board Report BL2563 October 17, 2019

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

Page 9 of 10 Board Report BL2563 October 17, 2019

Lynda Shykora

Charles Hamilton

Page 10 of 10

COLUMBIA SHUSWAP REGIONAL DISTRICT

SALMON VALLEY LAND USE AMENDMENT

(FROESE) BYLAW NO. 2563

A bylaw to amend the "Salmon Valley Land Use Bylaw No. 2500"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 2500;

AND WHEREAS the Board deems it appropriate to amend Bylaw No. 2500;

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

1. "Salmon Valley Land Use Bylaw No. 2500" is hereby amended as follows:

A. MAP AMENDMENTS

…./2

Bylaw No. 2563 Page 2

2. This bylaw may be cited as "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563"

READ a first time this day of , 2019.

READ a second time this day of , 2019.

PUBLIC HEARING held this day of , 2019.

READ a third time this day of , 2019.

RECEIVED THE APPROVAL of the Ministry of Transportation and Infrastructure this______day of , 2019.

ADOPTED this day of , 2019.

CORPORATE OFFICER CHAIR

CERTIFIED a true copy of Bylaw No. 2563 CERTIFIED a true copy of Bylaw No. 2563 as read a third time. as adopted.

Corporate Officer Corporate Officer

…./3

Bylaw No. 2563 Page 3

SCHEDULE 1

SALMON VALLEY LAND USE AMENDMENT

(FROESE) BYLAW NO. 2563

Relevant Excerpts from Salmon Valley Land Use Bylaw No. 2500

(See Bylaw No. 2500 for all policies and land use regulations)

• 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

1.7 Rural and Agricultural Character Objective 1.7.1 An objective of the Regional Board is to generally preserve the rural and agricultural character of the area and ensure the continued viability of economic activities based on agriculture and forestry resources.

Policies 1.7.2 The policies of the Regional Board are as follows: .1 On Schedule A, the OCP Designation Maps, the rural and agricultural areas are designated as R (Rural);

.2 Existing rural areas include parcels greater than 60 ha in area and land under resource or agricultural use. Rural areas shall be preserved to the greatest extent possible to provide for continued agricultural and resource production as the main elements of the local economy;

.5 The Regional Board wishes to discourage residential intrusion in agricultural areas. The Board sees the creation of 8 hectare parcels from larger parcels of good agricultural land (including land within the Agricultural Land Reserve and Class 4 or better agricultural land) as the first step toward residential intrusion on agricultural land. To prevent this intrusion, the Regional Board discourages new Rural Holding designations (8 ha minimum parcel size) on good agricultural land;

.6 The Regional Board may consider new Rural Holding designations not located on good agricultural land;

.7 The Regional Board prefers to see rural residential use concentrated 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; Relevant Excerpts BL2563 October 17, 2019

1.8 Land Resource Capability Objective 1.8.1 An objective of the Regional Board is to generally encourage a pattern of land use that respects the capability of the land-based resources to support various uses.

Policies 1.8.2 The policies of the Regional Board are as follows:

.1 Agricultural activities shall be encouraged on land with moderate to excellent agricultural capability in the valley bottoms;

.2 Agricultural activities shall also be encouraged to locate away from streams. If agricultural activities were located adjacent to streams, a buffer should be provided between streams and agricultural activities;

.3 Residential, commercial, industrial and institutional uses shall be encouraged to locate on land with low agricultural resource, or wildlife capability, and on land with soils suitable for sewage disposal.

1.9 Land Use Pattern Objective 1.9.1 An objective of the Regional Board is to generally maintain the area's historical pattern of land use in which small-lot residential, commercial, and institutional uses concentrate in the rural communities, leaving the majority of the land for agricultural uses as well as forestry, fishery, and wildlife uses.

Policies 1.9.2 The policies of the Regional Board are as follows: .1 On Schedule A, the OCP Designation Maps, the rural residential areas, with a minimum parcel size of 1 ha are designated as RR (Rural Residential);

.2 Future rural residential uses with a minimum parcel size of 1 hectare shall be limited to areas within the communities of Falkland (Shown on Map 2), Silvernails Bench Area (subject to mitigation of fire interface issues) (shown on Map 2(a)), Silver Creek (Shown on Map 3), and Glenemma.

.3 On Schedule A, the OCP Designation Maps, single family and multiple family residential areas within the community of Falkland are designated as RS (Single family Residential) and RM (Multiple Family Residential) respectively;

Page 2 of 6 Relevant Excerpts BL2563 October 17, 2019

.4 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;

Falkland Area Map 2

Silvernails Bench Area Map 2(a) (subject to mitigation of fire interface issues)

Page 3 of 6 Relevant Excerpts BL2563 October 17, 2019

1.10 Redesignation Criteria

Objective 1.10.1 An objective of the Regional Board is to manage changes in land use in a manner that generally avoids future servicing problems and prevents unnecessary conflicts between different land uses.

Policies 1.10.2 The policy of the Board is to consider redesignations based on the following: .1 Applications for redesignation to RH (Rural Holdings) or RR (Rural Residential) shall be evaluated against the following criteria: • soils should be suitable for sewage disposal; • water supply should be adequate to meet development needs; • the redesignation should not have a negative impact on the viability of agricultural uses; • the area shall meet the locational requirements set out in other policies of this bylaw.

.7 The Regional Board shall not be limited to the criteria set out in Sections 1.10.2.1 to 1.10.2.6 above in considering redesignation applications, and may take into account any factors that the Board considers relevant.

Page 4 of 6 Relevant Excerpts BL2563 October 17, 2019

1.12 Hazardous Areas Objective 1.12.1 An objective of the Regional Board is to prevent development on hazardous areas except in compliance with this bylaw. Policies 1.12.2 The policies of the Regional Board are as follows:

.1 The Regional Board designates the following as hazardous areas: • areas within the floodplain (as defined in the Salmon Valley Floodplain Management Bylaw No. 2600) of the Salmon River, Bolean Creek and other water courses and water bodies within the plan area; • alluvial fans, as defined in the Salmon Valley Floodplain Management Bylaw No. 2600, due to potential flooding and stream shifting hazards; • slopes having a gradient of 30% or greater; • areas on or below unstable slopes and slide areas.

.2 To protect against loss of life and to minimize property damage associated with flooding events the Regional Board encourages agricultural, park, and open-space recreational uses of flood prone lands. Where flood prone lands are required for development, the construction and siting of buildings and mobile homes to be used for habitation, business or the storage of goods damageable by floodwaters shall be floodproofed to those standards specified in the Salmon Valley Floodplain Management Bylaw No. 2600. .3 Development on other hazardous areas will be prohibited unless adequate protective measures have been taken by the Owner to address the relevant hazard.

2.4 R Rural Permitted Uses .1 agriculture; .2 airfield, airstrip; .3 equestrian centre; .4 fish farm; .5 forestry; .6 guest ranch; .7 gun club and archery range; .8 harvesting wild crops;

Page 5 of 6 Relevant Excerpts BL2563 October 17, 2019

.9 home occupation; .10 kennel; .11 portable sawmill; .12 single family dwelling; .13 trapping; .14 accessory use.

Maximum number of single family dwellings per parcel:

• On a parcel with less than 2 ha in area = 1 • On a parcel with 2 ha or more in area = 2

Minimum area of parcels to be created by subdivision = 60 ha

Minimum servicing standard = on-site sewage disposal and on-site water supply

2.6 RR Rural Residential Permitted Uses .1 agriculture; .2 guest cottage; .3 church; .4 home occupation; .5 single family dwelling; .6 accessory use.

Maximum number of single family dwellings per parcel = 1

Maximum number of guest cottages per parcel = 1

Minimum area of parcels to be created by subdivision = 1 ha

Minimum servicing standard = on-site sewage disposal and on-site water supply

Page 6 of 6 Location

Salmon Valley Land Use Bylaw No. 2500 Designation and Zone R – Rural

Proposed Designation and Zone RR – Rural Residential

Subdivision Proposals Subdivision Plan – Phase One

Subdivision Plan – Phase One and Phase Two

Agricultural Land Reserve (ALR), Soil Capability, Farm Status

Slopes

Orthophoto

Orthophoto Community Overview

Google Street View Photos

Google Earth Imagery

October 24, 2019

Erica Hartling Columbia Shuswap Regional District 555 Harbourfron Dr NE PO Box 978 Salmon Arm, BC V1E 4P1 mailto:[email protected]

Dear Erica Hartling:

RE: File #: BL2563 Our interests are unaffected

The IH Healthy Built Environment (HBE) Team has received the above captioned referral from your agency. Typically we provide comments regarding potential health impacts of a proposal. More information about our program can be found at Healthy Built Environment.

An initial review has been completed and no health impacts associated with this proposal have been identified. As such, our interests are unaffected by this proposal.

However, should you have further concerns, please return the referral to [email protected] with a note explaining your new request, or you are welcome to contact me directly at 1-855-744-6328 then choose HBE option.

Sincerely,

Mike Adams, CPHI(C) Team Leader, Healthy Communities Interior Health Authority

Bus: 1-855-744-6328, Option 4 Kamloops Health Unit Email: [email protected] 519 Columbia Street Web: interiorhealth.ca Kamloops, BC V2C2T8

COLUMBIA SHUSWAP REGIONAL DISTRICT 555 Harbourfront Drive NE, PO Box 978, Salmon Arm, BC V1E 4P1 FILE: BL2563 Staff Contact: Erica Hartling DATE: October 21, 2019 [email protected] | [email protected]

REFERRAL RESPONSE

RECOMMENDATION: Please check one. Where indicated or required, please explain your answer below.

☐ Approval recommended for reasons outlined below ☐ Interests unaffected by bylaw

☒ Approval recommended subject to conditions ☐ Approval not recommended due to reasons below outlined below

☐ No objections

RESPONSE TEXT:

There are no known archaeological sites recorded on the subject property. However, archaeological potential modelling for the area indicates there is high potential for previously unidentified archaeological sites to exist in the south west corner, as indicated by the brown area shown in the screenshot below, and moderate potential for the majority of the remainder, as indicated by the beige colour in the screenshot. Archaeological potential modelling is compiled using existing knowledge about archaeological sites, past indigenous land use, and environmental variables. Models are a tool to help predict the presence of archaeological sites but their results may be refined through further assessment.

Archaeology Branch Advice

If land‐altering activities (e.g., home renovations, property redevelopment, landscaping, service installation) are planned for the subject property, a Provincial heritage permit is not required prior to commencement of those activities.

However, a Provincial heritage permit will be required if archaeological materials are exposed and/or impacted during land‐altering activities. Unpermitted damage or alteration of a protected archaeological site is a contravention of the Heritage Conservation Act and requires that land‐altering activities be halted until the contravention has been investigated and permit requirements have been established. This can result in significant project delays.

Therefore, the Archaeology Branch recommends engaging an eligible consulting archaeologist prior to any land‐altering activities. The archaeologist will review the proposed activities, verify archaeological records, and possibly conduct a walk‐over and/or an archaeological impact assessment (AIA) of the project area to determine whether the proposed activities are likely to damage or alter any previously unidentified archaeological sites.

Please notify all individuals involved in land‐altering activities (e.g., owners, developers, equipment operators) that if archaeological material is encountered during development, they must stop all activities immediately and contact the Archaeology Branch for direction at 250‐953‐3334.

Rationale and Supplemental Information

 There is high to moderate potential for previously unidentified archaeological sites to exist on the property.  Archaeological sites are protected under the Heritage Conservation Act and must not be damaged or altered without a Provincial heritage permit issued by the Archaeology Branch. This protection applies even when archaeological sites are previously unidentified or disturbed.  If a permit is required, be advised that the permit application and issuance process takes approximately 8‐12 weeks.  The Archaeology Branch has the authority to require a person to obtain an archaeological impact assessment, at the person’s expense, in certain circumstances, as set out in the Heritage Conservation Act.  Occupying an existing dwelling or building without any land alteration does not require a Provincial heritage permit.

How to Find an Eligible Consulting Archaeologist

An eligible consulting archaeologist is one who can hold a Provincial heritage permit to conduct archaeological studies. To verify an archaeologist’s eligibility, ask an archaeologist if he or she can hold a permit in your area, or contact the Archaeology Branch (250‐953‐3334) to verify an archaeologist’s eligibility. Consulting archaeologists are listed on the BC Association of Professional Archaeologists website (www.bcapa.ca) and in local directories.

Please let me know if you have any questions regarding this information.

Kind regards,

Diana

Please note that subject lot boundaries (yellow) and areas of archaeological potential (brown = high potential and beige = moderate) indicated on the enclosed screenshot are based on information obtained by the Archaeology Branch on the date of this communication and may be subject to error or change.

Signed By: Diana Cooper Title Archaeological Site Inventory Information and Data Administrator.

Date: 01 November, 2019 Agency Archaeology Branch, FLNRORD

FILE NO. COLUMBIA SHUSWAP REGIONAL DISTRICT BL2563 PL20190000162 PO Box 978 SALMON ARM BC V1E 4P1 Telephone: 250.832.8194 Fax: 250.832.1083 DATE RECEIVED: Oct 23, 2019

OPERATIONS MANAGEMENT Marianne Mertens Function Comments Reviewed By no concerns T. Langlois

UTILITIES

No Concerns D. Sutherland

EMERGENCY MANAGEMENT

This property is within the boundaries of the Falkland Fire Protection Area. Confirmation D. Sutherland of compliance with access requirements as per MOTI guidelines and CSRD Subdivision Servicing Bylaw required. FireSmart principles and practices to be encouraged. FIRE SERVICES

EŽŽŶĐĞƌŶƐ B. Van Nostrand

SOLID WASTE AND RECYCLING

CSRD Parks would request cash-in-lieu of parkland dedication for this subdivision. The R. Nitchie developers should review Policy P-05 Parkland Dedication as a Function of Subdivision. PARKS AND The developer should contact the Team Leader of Community Services to discuss COMMUNITY appraisal process. SERVICES

The proposed bylaw has been reviewed as per Section 477 of the Local Government D. Mooney Act and is consistent with the Columbia Shuswap Regional District's Waste Management Plan. ADMINISTRATION

REFERRAL RESPONSE

RECOMMENDATION: Please check one. Where indicated or required, please explain your answer below.

☐ Approval recommended for reasons outlined below ☐ Interests unaffected by bylaw

☐ Approval recommended subject to conditions below ☐ Approval not recommended due to reasons outlined below ☒ No objections

RESPONSE TEXT:

The proposed bylaw has been reviewed as per S.477 of the Local Government Act and is consistent with the CSRD's current financial plan.

Signed By: Title Manager, Financial Services

Date: November 14, 2019 Agency CSRD .

From: Celia Nord To: Erica Hartling Cc: Referrals at Little Shuswap Subject: BL2563 Subdivision Date: November 6, 2019 4:07:15 PM Attachments: image001.png

Weytk, Erica

Little Shuswap Lake Band acknowledges receipt of you referral dated Oct 21, 2019, re. “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.” Little Shuswap Lake Indian Band reserves the right to make further recommendations and express concerns when new information comes to light. After careful consideration of the information provided, Little Shuswap Lake Indian Band would like to express the following comments and concerns:

The property has one known Little Shuswap Lake Band CHR (cultural heritage value resource) and several more within several kms The proposed subdivision is 1.6 km from an archaeological site and within 10 km of three additional archaeological sites The proposed subdivision has areas of moderate potential for archaeology and is nearby to areas with HIGH potential for archaeology (RAAD3-BC Archaeology Branch) The slope is gentle, moderate to steep with elevations of 640 m to 800 m asl The area has wouthern aspect and is well drained with numerous unnamed creeks flowing thru it, that drain into the Salmon River, critical habitat for salmon and other plant and animal species Please inform Little Shuswap Lake Band what type of sewage system will be employed for this proposed multiple family subdivision Please share any EA or CHR related reports associated with this property, or which are generated out of this project Little Shuswap Lake Band recommends that a First Nation community PFR be performed on this property, with time for analysis of results before the subdivision will proceed

Kukwstsétsemc,

Celia Nord, BA Land Referrals Officer Territorial Resource Stewardship

Little Shuswap Lake Band Office: 250-679-3203 ext 147 [email protected] [email protected]

“British Columbia is the first province to begin legislating the United Nations Declaration on the Rights of Indigenous Peoples, a landmark international document on Indigenous rights.” ~ https://www.nationalobserver.com/2019/10/24/news/bc-tables- united-nations-declaration-rights-indigenous-peoples-bill-today

The desktop review does not define or amend Little Shuswap Lake Indian Band’s Aboriginal rights and title, waive the right to seek recognition of our title and/or rights to the project area or seek compensation for any impacts or infringements to our title and rights, nor does it limit the position we may take in future negotiations or court actions.

The Supreme Court of Canada in the Tsilhqot’in case has confirmed that the Province and Canada have been applying an incorrect and impoverished view of Aboriginal title, and that Aboriginal title includes the exclusive right of First Nations to manage our lands and resources, as well as the right to benefit economically from our land and resources. The Court therefore concluded that when the Crown allocates resources on Aboriginal title lands without the First Nation’s consent, it commits a serious infringement of our constitutionally protected rights that will be difficult to justify.

The United Nations Declaration on the Rights of Indigenous Peoples Article 32 states:

1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

From: PIB Referrals To: Marianne Mertens Subject: RE: BL2563 First Nation Referral Date: Wednesday, November 6, 2019 9:02:32 AM Attachments: image004.png image006.png image007.png

Good Morning,

The Penticton Indian Band has reviewed this referral and will be deferring further consultation and engagement to the Okanagan Indian Band at this time.

taɬt x̌ast | regards,

James Pepper MSc. RPBio Director Penticton Indian Band Natural Resources p: (250) 492-0411 c: (250) 469-3183 a: 841 Westhills Drive S 80 C 19 Penticton, British Columbia Canada V2A 6J7

This email does not constitute consultation and must not be construed by the Crown or Third Parties as fulfillment of its duty to consult with the Penticton Indian Band. Confidentiality Warning: This e-mail contains information intended only for the use of the addressee(s). You must not copy, disseminate or publish this e-mail.

Fiduciary Duty: http://publications.gc.ca/Collection-R/LoPBdP/BP/prb0009-e.htm UNDRIP: https://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf 10 Principles: http://www.justice.gc.ca/eng/csj-sjc/principles.pdf

P Please consider the environment before printing this e-mail

From: Marianne Mertens ([email protected]) [mailto:[email protected]] Sent: October 23, 2019 9:37 AM To: '[email protected]'; '[email protected]'; Referrals at Little Shuswap; [email protected]; '[email protected]'; Andrea Blackwater; '[email protected]'; [email protected]; [email protected]; [email protected]; [email protected]; '[email protected]' Cc: Erica Hartling Subject: BL2563 First Nation Referral

File: BL2563 / PL20190000162 October 23, 2019

Good morning First Nation members:

You are requested to comment on the attached Bylaw Amendment, Electoral Area D: Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 for potential effect on your agency's interests. We would appreciate your response by Friday, November 15, 2019. If no response is received within that time, it will be assumed that your First Nation's interests are unaffected.

Also attached is a kml property file for those of you who require this type of mapping.

Also included below are links which will direct you to the CSRD website and specifically PDF links to the BL2563 agenda items that were presented to the Board at the October Board meeting.

15.4 Electoral Area D: Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 1.2019-10-17_Board_DS_BL2563_first_Froese.pdf 2.BL2563_first.pdf 3.BL2500_Excerpts_BL2563.pdf 4.Maps_Plans_Photos_BL2563.pdf

Thanks and have a great day.

Marianne Mertens| Clerical Assistant Development Services COLUMBIA SHUSWAP REGIONAL DISTRICT PO Box 978, 555 Harbourfront Drive NE, Salmon Arm, BC V1E 4P1 T 250.833.5924 | F 250.832.3375 E [email protected] | W www.csrd.bc.ca

P Please consider the environment before printing this e-mail This e-mail is CONFIDENTIAL. If you are not the intended recipient, please notify me immediately and delete this communication, attachment or any copy. Thank you.

From: Lantenhammer, Desiree TRAN:EX To: Erica Hartling Cc: Marianne Mertens Subject: MoTI response for BL2563 Date: Wednesday, November 27, 2019 9:21:21 AM Attachments: BL2563_MoTI resp.pdf

BL2563 PL20190162

Moti File #2019-06085

Good morning Erica and Marianne,

So sorry for the delay with this one. I have attached our official response but I provide a bit more info below that you can share with the applicants if you wish.

Lynes Rd is in ok condition but future pressure on the road from development (construction vehicles) of new lots and increase in vehicle traffic (ongoing residential vehicle trips) may cause risk to the infrastructure. I feel that the 8 lots creates a reasonable amount of risk but any more and we would have to require some offsite improvements to the road surface. There appears that there will be some significant hurdles for the landowers in their future subdivision plans. The most obvious and possibly onerous are: 1. Geohazard assessment must be provided and must show the land is safe for residential development 2. Public road access would need to be provided for all new lots. Due to the configuration of the subject property, it appears that new road construction will be required. The topography will provide a challenge in finding a road alignment that meets the maximum 10% grade specification.

Please feel free to give me a call if you wish to discuss anything further.

Have a really great day! Des

Desiree Lantenhammer, BSc Ministry of Transportation and Infrastructure Development Services Officer Vernon Office Phone: (250) 503-3609 Cell: (250) 503-8963 Fax: (250) 503-3631

DEVELOPMENT SERVICES PRELIMINARY BYLAW COMMUNICATION

Your File #: 2563 Columbia Shuswap Regional District eDAS File #: 2019-06085 Box 978 Date: Nov/27/2019 Salmon Arm, British Columbia V1E 4P1 Canada

Re: Proposed Bylaw BL2563 for:

PID: 014-058-120, The south 1/2 of the south east 1/4 of Section 11, Township 18, Range 12, West of the 6th Meridian, KDYD, Except Plans 20894, 22333, 24298, 26908, 27062, 29773 and EPP25552

5488 Lynes Road, Falkland

Preliminary Approval is granted for the rezoning for one year pursuant to section 52(3)(a) of the Transportation Act , subject to the following conditions:

1 . Registration of a covenant, in the name of the Ministry of Transportation and Infrastructure, that restricts subdivision of the property to a maximum of 8 lots.

If you have any questions please feel free to call Desiree Lantenhammer at (250) 503- 8963.

Yours truly,

Desiree Lantenhammer, BSc Development Services Officer

Local District Address Vernon Area Office 4791 23rd Street Vernon, BC V1T 4K9 Canada Phone: (250) 503-3664 Fax: (250) 503-3631 H1183P-eDAS (2009/02) Page 1 of 1

BL2563 PL20190000162

15.4 Electoral Area D: Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 Report from Erica Hartling, Planner I, October 1, 2019. 5488 Lynes Road, Falkland Applicant was not in attendance.

2019-1027 Moved By Director Talbot Seconded By Director Cathcart 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 First Nations:

• 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. CARRIED

13.2 Electoral Area D: Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 Report from Erica Hartling, Planner I, November 18, 2019. 5488 Lynes Road, Falkland Ministry of Transportation and Infrastructure referral comments added to Late Agenda. Applicant was not in attendance. 2019-1235 Moved By Director Talbot Seconded By Director Simpson THAT: Pursuant to Section 477 of the Local Government Act, the Board has considered "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563" in conjunction with the Columbia Shuswap Regional District's Financial Plan and its Waste Management Plan.

CARRIED

2019-1236 Moved By Director Demenok Seconded By Director Simpson THAT: "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563” be read a second time this 6th day of December, 2019.

CARRIED

2019-1237 Moved By Director Talbot Seconded By Director Demenok THAT: a public hearing to hear representations on "Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563" be held; AND THAT: notice of the public hearing be given by 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 Talbot, Electoral Area D, being that in which the land concerned is located, or to Alternate Director De Vos, if the Director is absent, and the Director or Alternate Director, as the case may be, give a report of the public hearing to the Board.

CARRIED

25 COLUMBIA SHUSWAP REGIONAL DISTRICT

555 Harbourfront Drive NE, PO Box 978, Salmon Arm, BC V1E 4P1 T: 250.832.8194 | F: 250.832.3375 | TF: 1.888.248.2773 | www.csrd.bc.ca

January 13, 2020 File: BL2563 PL20190000162

NOTICE OF PUBLIC HEARING

Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563

What is Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563 (BL2563)? The subject property is located at 5488 Lynes Road in Falkland of Electoral Area D and is more particularly shown on the location map below:

The property 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 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. The property is 21.02 ha in size and the proposed RR zone may permit up to a maximum of twenty-one 1 ha lots. The owners have no plans for further subdivision and have committed to registering a covenant on their title that restricts subdivision of the property to a maximum of 8 lots.

ELECTORAL AREAS MUNICIPALITIES A GOLDEN-COLUMBIA C SOUTH SHUSWAP E SICAMOUS-MALAKWA GOLDEN SALMON ARM B REVELSTOKE-COLUMBIA D FALKLAND-SALMON VALLEY F NORTH SHUSWAP-SEYMOUR ARM REVELSTOKE SICAMOUS

When? Monday, January 20, 2020 at 7:00 PM

Where? Falkland Seniors Hall, 5706 Highway 97, Falkland BC

Who should attend? Anyone who believes that their interest in property is affected by the proposed bylaw amendment, shall be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the Bylaw at the Public Hearing.

How can I find out A copy of the proposed bylaw and relevant background documents may be more about this inspected at www.csrd.bc.ca/services/development-planning/current- application? planning/bl2563 and at the Columbia Shuswap Regional District (CSRD), 555 Harbourfront Drive NE, Salmon Arm, BC between the hours of 9:00 AM and 4:00 PM, beginning Monday, January 13, 2020 and ending Monday, January 20, 2020 (excluding Saturdays, Sundays and Statutory holidays); or, contact the staff person listed below.

How do I send a Written submissions will be accepted at the CSRD until 4:00 PM on Monday, written January 20, 2020 or may be submitted until the close of the Public Hearing. submission? The Board of the CSRD considers the author's name and residential address relevant to the Board's consideration of this matter and should be included in your Submission. The author's phone number and email address are not relevant to the Board’s consideration of this matter and should not be included in the written submission. Written submissions received by the CSRD are subject to public disclosure and a copy may be provided to the applicant. Please clearly write "Public Hearing Submission – BL2563" on the top of your submission. The Board of the CSRD will not consider any verbal or written representations or submissions after the public hearing has closed. Written submissions may be submitted to: [email protected] or to the address above. Who can I speak to Erica Hartling, Planner I about this 250-833-5951 application? [email protected]

Page 2 of 2 COLUMBIA SHUSWAP REGIONAL DISTRICT

555 Harbourfront Drive NE, PO Box 978, Salmon Arm, BC V1E 4P1 T: 250.832.8194 | F: 250.832.3375 | TF: 1.888.248.2773 | www.csrd.bc.ca

January 13, 2020 File: BL2563 PL20190000162

NOTICE OF PUBLIC HEARING

Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563

This notice is to inform you of a bylaw amendment application for land within 100 m of your property.

If you are renting or leasing your property, please inform your tenants of this application and/or direct them to either the CSRD website, or the staff person listed in this notice, for more information.

ELECTORAL AREAS MUNICIPALITIES A GOLDEN-COLUMBIA C SOUTH SHUSWAP E SICAMOUS-MALAKWA GOLDEN SALMON ARM B REVELSTOKE-COLUMBIA D FALKLAND-SALMON VALLEY F NORTH SHUSWAP-SEYMOUR ARM REVELSTOKE SICAMOUS

When? Monday, January 20, 2020 at 7:00 PM

Where? Falkland Seniors Hall, 5706 Highway 97, Falkland BC

Page 2 of 2 Page A4 Wednesday, January 15, 2020 Vernon Morning Star www.vernonmorningstar.com News District discusses school shakeup other areas.” “Sicamous has lots Information sessions Enderby’s M.V. of space currently held to plan how to avoid Beattie Elementary (so) we’re not talking School is currently about making any overcrowded classrooms at capacity, forced changes out there.” to bus students out Instead, Jory an- Brendan Shykora out the province was to Grindrod Elemen- ticipates a conversa- Morning Star Staff previously trending tary, which is now tion about the musty The North Okana- downward, but in the also projected to odour that plagued gan-Shuswap School past five years, that approach or exceed the school to start the District is partway trend has reversed, capacity. year, which led to a through a round of according to school Tuesday’s public temporary closure on talks with the public superintendent Peter consultation at Grin- the advice of Interior to help shape future Jory. drod Elementary fo- Health. plans for its facilities. “Certainly we’re cused on an option Parkview class- The school board no exception to to change the school es were shuffled to met with Enderby that,” said Jory, who from Kindergarten other schools in the city council, Grin- pointed to economic to Grade 7 (K-7) to area as a result of the drod Elementary influences changing a K-6 school in order seven-week closure. staff and parents the demographics of to avoid a future ca- “I’m pretty sure from the Grindrod the North Okanagan. pacity crunch. the community area on Tuesday for “One of those in- Grindrod’s Grade would like to check input on the devel- fluences is the price 7 students would in on that and that’s a opment of its long of housing in the transfer to A.L. very good use of our range facilities plan. Lower Mainland, Fortune Secondary time.” The plan lays out and so it’s become in Enderby, which School District 83 will hold public consultation sessions to gather input for its long range facilities plan. The next More sessions will potential changes attractive and that’s has already taken on session will take place at Parkview Elementary in Sicamous on Thursday. (File photo) take place in Salmon the district could pushing our enrol- M.V. Beattie’s Grade The school has an Tuesday, Jory said ering information pleted by June 30. Arm and the Arm- pursue in order to ment up in part, and 7 students. operating capacity that planning is still from parents. Jory said whatever strong-Falkland area. work around rising the Enderby zone is “A.L. Fortune is a of 550 students. In in the early stages. “And of the par- changes the board The dates for those enrolment numbers. experiencing an in- 7-12 school that has 2018-19 it had 171 “We want to be pa- ents that showed may decide to pur- sessions are to be Enrolment through- flux of families from space,” Jory said. students enrol, and tient. If we don’t need up, several of them sue would take place determined but the its projected enrol- to make a change spoke against the a year down the road public will be noti- ment for 2030-31 is that’s going to be dis- idea of reconfigur- rather than next Sep- fied about two weeks Electoral Area D just 193. ruptive right away we ing the school, and tember. prior to the dates. While reconfig- won’t do it,” he said. the board definitely The board will next “We’re really excit- uring Grindrod’s “The meeting was heard that.” be in Sicamous for ed about interacting Public Hearing school was a heavily about sharing op- The facilities plan a public consulta- with the public and discussed topic on tions and then gath- will need to be com- tion with parents at learning more about Salmon Valley Land Use Amendment (Froese) Parkview Elementa- our school district ry on Thursday with Bylaw No. 2563 and giving the board discussions at that the information they Call Us Old Fashioned session likely to be need to make the best This application is to rezone the property located We believe that quality truly counts. fairly different from possible decisions on at 5488 Lynes Road in Falkland from R- Rural the session in Grin- behalf of our stu- (60 ha minimum parcel size) to RR – Rural Pat’s Tip Of The Week drod, Jory noted. dents,” Jory added. Residential (1 ha minimum parcel size) to allow for subdivision of the parcel into eight lots. Did You Know There are different types of beef roast? If you Specialized have had a problem cooking roasts, it may deAleR January be you are selecting the wrong roast for ± D Subject Property 20, 2020 at the cooking application. Premium Oven Roasts include Prime 7 PM re dyd for Rib, Top Sirloin, and Strip Loin. Get ready for • Ski Carriers Falkland Falkland Premium roasts are aged a minimum Lynes Road WINTER • Boxes of 14 days for tenderness, graded, well S Seniors Hall, CuSTOMeR Safely, Seculey And • Racks marbled, fine grained, and should be With Room In Your 5706 APPReCIATIOnis DAy Vehicle To Spare! cooked quickly at high heat. Lynes Road Highway 97, Friday, January 17th. Falkland Prime Rib Special Friday, 97 $17.57 January 18 7 LB kg More information is available at www.csrd.bc.ca on ONLY! the Current Planning page for Bylaw No. 2563 or Pat Webb is the Meate Manager for Askew’s Armstrong & has been a meat contact Erica Hartling, Planner I, at 250.833.5951 or by Specialist for over 44 years. He enjoys sharing his knowledge with customers. email at [email protected]. #8 - 3305 Smith Drive, Armstrong Sat to Wed 8AM - 7PM ACCeSSoRieS foR All mAkeS & modelS The bylaw may be inspected at the CSRD office, Thu and Fri 8AM - 9PM 555 Harbourfront Drive NE, Salmon Arm beginning January 13, 2020 250-546-3039 WATKIN MOTORS until January 20, 2020 from 9 AM to 4 PM, Monday to Friday. www.askewsfoods.com 4602 - 27 ST VERNON • 250-545-0615 “Come to Askew’s Foods and see what an Old Fashion meat shop should be” DL#40257 WWW.WATKINMOTORS.COM Page A14 Friday, January 17, 2020 Vernon Morning Star www.vernonmorningstar.com Sports Kowalski pulls off lacrosse-style goal Brendan Shykora with an eye-popping, Jan. 11 at Kal Tire night with fireworks. puck onto his stick move was too quick dazzled a few audi- sity of Michigan was Morning Star Staff lacrosse-style goal. Place. The Snakes had Kowalski received a blade, swung his to stop. ences with the move, the first to pull off Vernon Vipers for- The Vipers’ leading built up a 6-3 lead and pass from JoJo Tana- stick around while It’s a goal that’s including those in at- the manoeuvre in a ward Matt Kowalski scorer was one goal with less than nine ka-Campbell as the reaching forward been seen with more tendance at a World 1996 NCAA playoff proved he has a flair short of a hat trick minutes on the game two crisscrossed deep from behind the net frequency in the past Junior Championship game. His coach, Red for the spectacular in the third period clock and the team on in the Bulldog’s zone and tucked the puck few months. Andrei game between Swe- Berenson, hails from when he capped off against the Alberni a power play, Kowal- near the left corner. neatly into the top Svechnikov of the den and Finland on Maple Ridge and a Saturday night win Valley Bulldogs on ski decided to end the Kowalski suddenly corner. Carolina Hurricanes Dec. 26. greenlighted the move had a stretch of open Bulldogs’ goalten- has scored two la- The goal is often after watching Legg ice behind the Bull- der Luke Pearson crosse-style goals so referred to as “The perfect it in practice. dog net, and he put appeared to see the far this NHL sea- Michigan,” a title Who did it better: Electoral Area D it to remarkable use. lacrosse goal coming son, and Vancouver that pays homage Legg, Hoglander, or In full stride, Kow- and reached up with Canucks prospect to its origins. Mike No. 7 for the home Public Hearing alski scooped the his glove, Kowalski’s Nils Hoglander has Legg of the Univer- team Vipers?

Salmon Valley Land Use Amendment (Froese) Bylaw No. 2563

This application is to rezone the property located at 5488 Lynes Road in Falkland from R- Rural (60 ha minimum parcel size) to RR – Rural Residential (1 ha minimum parcel size) to allow for subdivision of the parcel into eight lots.

January ± D Subject Property 20, 2020 at 7 PM Falkland Lynes Road Falkland Seniors Hall, 5706 Lynes Road Highway 97, Falkland

More information is available at www.csrd.bc.ca on the Current Planning page for Bylaw No. 2563 or contact Erica Hartling, Planner I, at 250.833.5951 or by email at [email protected].

The bylaw may be inspected at the CSRD office, 555 Harbourfront Drive NE, Salmon Arm beginning January 13, 2020 until January 20, 2020 from 9 AM to 4 PM, Monday to Friday. Matt Kowalski scored a dazzling lacrosse-style goal to complete a hat trick as the Vernon Vipers cruised to a 7-3 victory against the Alberni Valley Bulldogs Saturday, Jan. 11, 2020. (Lisa Mazurek photo) COME CHEER ON YOUR VERNON VIPERS! SUNDAY,JANUARY19TH VS. PUCKDROPS2PM SPONSOR BY: TIM HORTONS / VANTAGE ONE VERNON SALMONARM VIPERS SILVERBACKS POST GAME SKATE WITH THE VIPERS IMMEDIATELY AFTER THE GAME. TO SEE ROSTER, PHOTOS, CONTESTS, GAME INFO AND MUCH MORE, VISIT US ONLINE WWW.VERNONVIPERS.COM No public submissions received

Last updated January 20, 2020