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Agency Referral Responses Agency Referral Responses Bylaw No. 851-16 Bylaw No. 851-16 was referred to the following agencies and First Nations for comments: • Electoral Area B Advisory Planning Commission • Interior Health • Ministry of Forests, Lands, Natural Resource Operations and Rural Development – Archaeology Branch • Ministry of Transportation and Infrastructure • CSRD Operations Management • Adams Lake Indian Band • Little Shuswap Indian Band • Neskonlith Indian Band The following agencies and First Nations did not respond to the request for comments: • Ministry of Forests, Lands, Natural Resource Operations and Rural Development – FrontCounter BC • City of Revelstoke • Akisqnuk First Nation • Ktunaxa Nation Council • Lower Kootenay Band • Lower Similkameen Indian Band • Okanagan Indian Band • Okanagan Nation Alliance • Penticton Indian Band • Shuswap Indian Band • Simpcw First Nation • Splats'in First Nation • St. Mary's Indian Band • Tobacco Plains Indian Band Columbia Shuswap Regional District Electoral Area 'B' Advisory Planning Commission Minutes Date: September 11, 2019 Time: 1200h Location: Revelstoke Communty Centre Members Present: Brian Gadbois Chair Mike Cummngs Vice Chair Janis Hooge Secretary Kip Wiley Member Daren Corneliusen Member Natelle Fitzgerald Member Peter Humphrey Member Andy Parkin CSRD Alternate Director Members Absent: Jim Maitre Member Staff Present: No CSRD staff present Guests: Francis Gagnon Proponent Mark Bolton Strata Plan owner Scott Renaud Strata Plan owner 1. Call to Order 1205h 2. Adoption of Agenda Moved by B. Gadbois, seconded by J. Hooge and resolved that: the agenda be adopted as presented. Carried, unanimous. 3. Application: Electoral Area B Zoning Amendment (Gagnon, et al) Bylaw No. 851-16 Francis Gagnon (proponent) spoke. ● he had approached CSRD in March 2019 regarding vacation rental, wanted to operate a B and B, which is not a permitted use in CDB1 ● the existing structure consists of a three-bedroom dwelling (note: attached plans show four bedrooms however owner states this is not correct) that communicates with a two- bedroom self-contained suite, all within one building ● states may want to have more than six guests, would rent three bedrooms out of the five in the building , does not plan to advertise online ● states he is the only one in the strata who wants to offer commercial accommodation ● he states, CSRD planner suggested that CDB1 zoning could easily be changed to allow BandB, however in this case it would not work for his purposes because the owner would be residing in the smaller suite and therefore the BandB would not be considered to be in his residence. ● approached strata - because the entire cul-de-sac is common property, issues include road maintenance and shared liability Comments from other Strata Owners ● strata wants it operated only with owner on-site ● strata members present indicated that the strata as a whole would like to dissolve itself due to the many complications associated with the cluster development bylaws, the common property liability, and the limitations on all owners associated with conflicts between CSRD bylaws and Strata Property Act limitations. ● another strata owner, who has a TUP for a vacation (in a separate location from this strata) has an issue with this process, whereby the CSRD is suggesting rezoning one lot within the strata for vacation rental; would also like to see some sort of accreditation or logo for legitimate VR operators to be able to use in their advertising. ● Strata member spoke in support of the vacation rental, however would like to see a Temporary Use Permit rather than rezoning in order to give the strata time to dissolve itself and thus remove any strata complications from the rezoning ● APC Discussion ● general discussion of provincial strata regulations, and possibility that approval for cluster development was made intentionally without BandB as a permitted use out of concern for possible loading of water/septic with commercial accommodation; only supposed to have one dwelling unit per lot; BandB permitting may not have been neglected, but may have been intentional; process for dissolving strata is under provincial jurisdiction, however the CSRD could choose whether or not to support this process. BandB, TUP, and Vacation Rental could increase cluster development definition from original 7 dwelling units, change cluster development from residential to commercial, and conflict with strata development plans, bylaws, unit entitlement, and monthly strata fees. ● member suggested TUP rather than rezoning ● member suggested getting BandB or Vacation Rental zoning would require commercial status for the wells , e.g. require registration, general discussion re: well and septic monitoring for commercial accommodation especially in areas of increased density such as this ● members commended proponent for coming forward with intention for Vacation Rental, rather than just going ahead and operating illegally ● discussion re: owner-operated vacation rentals, lack of will in CSRD to enforce such a rule, could be addressed in strata council. Moved by P. Humphries, seconded by K. Wiley and resolved that the APC recommend to the board to support dissolution of the strata from current status to another zoning such as RR2. Seven for, 0 opposed; Carried Moved by P. Humphries , seconded by D. Corneliusen and resolved that the APC recommend to the board to approve addition of secondary use of maximum three bedroom BandB to CDB1 zoning, with testing of well and wastewater by registered practitioner required. 7 for, 0 opposed; Carried Moved by P. Humphrey that TUP for Vacation Rental for all lots be added. No second for motion. Motion not voted upon. Moved by N. Fitzgerald , seconded by M Cummings and resolved that the APC recommend to the board to approve a zoning variance be allowed on lot 6 to allow a 3 bedroom BandB in the existing building. 7 for, 0 opposed. Carried. New Business: none Adjournment: 1325h CERTIFIED CORRECT ________________________ _____________________________ Chair Secretary COLUMBIA SHUSWAP REGIONAL DISTRICT FILE: BL851-16 P.0. Box 978 SALMON ARM, BC V1E 4P1 DATE: August 20, 2019 Telephone: 1-250-832-8194 Fax: 1-250-832-3375 Staff Contact: Erica Hartling [email protected] RESPONSE SUMMARY ☐ Approval Recommended for Reasons ☐ Interests Unaffected by Bylaw. Outlined Below ☐ Approval Recommended Subject to ☐ Approval not Recommended Due Conditions Below. To Reasons Outlined Below. ☒ No Objections Thank you for the opportunity to provide comments from a healthy community perspective. Interior health does not have any concerns at this time. However, it is recommended for long term sustainability that property owners confirm the designs of their existing systems are appropriate for the proposed new use and the parcels maintain a back-up area of land suitable for onsite sewerage based on the proposed new use for when the existing systems fail. If you have any questions or comments, please contact us at [email protected] or 1- 855-744-6328 and choose option 4. Signed By: Faith Kwong Title Environmental Health Officer________ Date: 04 September 2019 Agency Interior Health ________ From: Cooper, Diana FLNR:EX To: Erica Hartling Cc: Marianne Mertens Subject: RE: BL851-16 - Referral Request Date: August 22, 2019 9:13:49 AM Attachments: image007.png image009.png image010.png Hello Erica, Thank you for your referral regarding proposed zoning changes for seven strata lots. Please review the screenshot of the properties below (outlined in yellow) and notify me immediately if it does not represent the properties listed in your referral. 1909 Mt McPherson Drive, PID 028626371, STRATA LOT 1 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; 1933 Mt McPherson Drive, PID 028626389, STRATA LOT 2 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; 1941 Mt McPherson Drive, PID 028626397, STRATA LOT 3 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; 1920 Mt McPherson Drive, PID 028626401, STRATA LOT 4 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; 1923 Mt McPherson Drive, PID 028626419, STRATA LOT 5 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; 1917 Mt McPherson Drive, PID 028626427, STRATA LOT 6 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V and 1912 Mt McPherson Drive, PID 028626435, STRATA LOT 7 SECTION 21 TOWNSHIP 23 RANGE 2 WEST OF THE 6 MERIDIAN KOOTENAY DISTRICT STRATA PLAN NES3881 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V. Results of Provincial Archaeological
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