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 Inventory Search
According to Provincial records, there are no known archaeological sites recorded on any of the subject properties.
Archaeological potential modelling for the area does not indicate a high potential for previously unidentified archaeological sites to be found on the subject properties.
Archaeology Branch Advice
The Archaeology Branch does not identify a need for archaeological study or Provincial heritage permit(s) at the time of this information request.
Please notify all individuals (e.g., owners, developers, equipment operators) involved in land-altering activities (e.g., home renovations, property redevelopment, landscaping, service installation) 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
Archaeological study and Provincial heritage permit(s) are not required in the absence of an archaeological site. There is always a possibility for previously unidentified archaeological sites to exist on the properties. 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.
Questions?
For questions about the archaeological permitting and assessment process, please contact the Archaeology Branch at 250-953-3334 or [email protected].
For more general information, visit the Archaeology Branch website at www.gov.bc.ca/archaeology.
Please let me know if you have any questions regarding this information.
Kind regards,
Diana
Please note that subject lot boundaries (yellow) 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.
Diana Cooper | Archaeologist/Archaeological Site Inventory Information and Data Administrator
Archaeology Branch|Ministry of Forests, Lands, Natural Resource Operations and Rural Development Unit 3 – 1250 Quadra Street, Victoria, BC V8W2K7| PO Box 9816 Stn Prov Govt, Victoria BC V8W9W3 Phone: 250-953-3343 | Fax: 250-953-3340 | Website: www.gov.bc.ca/archaeology
From: Marianne Mertens
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
Signed By: Tim Nugent Title Development Services Officer
Date: September 3rd 2019 Agency MoTI
FILE NO. COLUMBIA SHUSWAP REGIONAL DISTRICT PL20190000107 PO Box 978 SALMON ARM BC V1E 4P1 Telephone: 250.832.8194 Fax: 250.832.1083 DATE RECEIVED: Aug 21, 2019
OPERATIONS MANAGEMENT Marianne Mertens Function Comments Reviewed By No concerns T. Langlois
UTILITIES
No concerns D. Sutherland
EMERGENCY MANAGEMENT
No concerns S. Coubrough
FIRE SERVICES
No concerns B. Van Nostrand
SOLID WASTE AND RECYCLING
No Concerns R. Nitchie PARKS AND COMMUNITY SERVICES
No concerns D. Mooney
ADMINISTRATION
Adams Lake Indian Band
Project Name: PL20190000107 FN Consultation ID: BL851-16 Consulting Org Contact: Marianne Mertens Consulting Organization: Columbia Shuswap Regional District Date Received: Wednesday, August 21, 2019
While Adams Lake defers to the Spallumcheen Indian Band on PL20190000107, we reiterate that Adams Lake holds constitutionally protected Aboriginal rights including title throughout the entirety of Secwepemculucw. Members of Adams Lake continue to exercise their Aboriginal rights as their ancestors have done for generations, including hunting, trapping, gathering and fishing, along with rights associated with spiritual and cultural traditions that are practiced in accordance with Secwepemc customs, laws and governance structures.
With that being said, the Adams Lake Indian Band wishes to express its concerns on this proposed activity. Through a preliminary analysis we have identified some concerns which include: -There is potenitally archaeological site within the area therefore we suggest an archaeological impact assessment in partnership with the local band and; -This area lies within extirpated caribou habitat, how will the proponent mitigate impacts and what is the proponents plan if there is a caribou sighting within the project area?;
Regards,
Dave Nordquist, RPF Title and Rights Coordinator Adams Lake Indian Band From: Celia Nord To: Erica Hartling Cc: Referrals at Little Shuswap; Rob Hutton; Warren Fortier Subject: CSRD referral Date: September 23, 2019 2:20:22 PM Attachments: image001.png Lots 1-7.kml
Weytk, Erica
Little Shuswap Lake Indian Band acknowledges receipt of your referral dated August 20, 2019 re. B&B amendments (BL851-16) near Revelstoke, BC. 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 project area has Little Shuswap Lake Indian Band CHRs (cultural heritage values) The project area is within 100 m of HIGH potential for archaeology The project area is within 1 km of multiple archaeological sites Please share any EA or CHR related reports for this area Little Shuswap Lake Indian Band requires a site visit to determine if a PFR is required
Kukwstsétsemc,
Celia Nord, BA Land Referrals Officer Territorial Resource Stewardship
Little Shuswap Lake Indian Band Office: 250-679-3203 ext 147 [email protected] [email protected]
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.
COLUMBIA SHUSWAP REGIONAL DISTRICT
rCSRD' PO Box 978, 555 Harbourfront Drive NE, Salmon Arm, BC VIE 4P1 COLUMBIA SHUSWAP REGIONAL DISTRICT T: 250.832.8194 | F: 250.832.3375 | TF: 1.888.248.2773 | www.csrd.bc.ca
August 22, 2019 BL851-16 PL20190000107 Your file No. Not provided
Neskonlith Indian Band Attention: Andrea Blackwater Box 318 Chase BCVOE1MO
Re: Referral Processing Application Fee for BylawJMp^JBL851-16
Please accept this letter as acknowledgement of receipt of your Referral Processing Application Fee for Bylaw No. BL851-16, date received August 21, 2019.
The Columbia Shuswap Regional District (CSRD) is committed to fulfilling its statutory and good faith duties by consulting with First Nations. To this end, we routinely refer CSRD Official Community Plans (OCPs), zoning bylaws and amendments that we feel may impact First Nations to the appropriate office.
However, we are unable to satisfy your request for payment of consultation fees. Pursuant to Policy P-21, which was adopted by the CSRD Board, the CSRD does not compensate any non- CSRD party or agency for providing referral comments or consultation in regard to the processing or development of policies, bylaws or permits. A copy of the Policy is attached.
Although the CSRD does not pay consultation fees, we would nonetheless like to express our genuine interest in hearing your community's comments or concerns in relation to this and any other local government matter. Accordingly, we will continue to refer those OCPs, zoning bylaws and amendments in which we feel you may have an interest.
Yours truly,
c^-^^l
Corey Paiement Team Leader, Planning Services
Attachment
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 P-21
Columbia Shuswap Regional District
DEVELOPMENT SERVICES REFERRAL NONPAYMENT POLICY
Purpose
The purpose of this policy is to clarify and formalize the existing staff practice of not providing payment to referral agencies for their requested comments regarding proposed Columbia Shuswap Regional District (CSRD) policies, plans, bylaws or permits.
Preamble
As directed by the CSRD Board, Development Services staff undertakes various referral processes with government agencies, ministries, departments, non-profit organizations, First Nations, Advisory Planning Commissions, and others when processing land use applications, or during the development and approval process for policies, plans, bylaws or permits. Development Services staff follow all regulatory requirements of applicable legislation (e.g. Local Government Act) when referring such bylaws, plans or policies and note any comments received from the referrals in a report to the Board for the Director’s information and consideration. Non-legislated referrals are often forwarded to groups or agencies out of courtesy and in the spirit of partnership and cooperation. It is not however a legal requirement, nor has been past practice, that the CSRD compensate any party or agency for their referral comments.
Policy
The CSRD Development Services Department shall not compensate any non-CSRD party or agency for providing referral comments or consultation in regard to the processing or development of policies, plans, bylaws or permits.
November 2011