ADVISORY PLANNING COMMISSION ELECTORAL AREA "F" MEETING Monday, May 15, 2017 Enderby Fire Hall, Enderby, BC 7:00 P.M

REGIONAL DISTRICT OF NORTH OKANAGAN

ADVISORY PLANNING COMMISSION ELECTORAL AREA "F" MEETING Monday, May 15, 2017 Enderby Fire Hall, Enderby, BC 7:00 p.m.

REGULAR AGENDA

A. CALL MEETING TO ORDER

B. APPROVAL OF AGENDA

1. Advisory Planning Commission Electoral Area “F” – May 15, 2017

(Opportunity for Introduction of Late Items)

RECOMMENDATION 1 That the Agenda of the May 15, 2017 Advisory Planning Commission Electoral Area “F" meeting be approved as presented.

C. ADOPTION OF MINUTES

1. Advisory Planning Commission Electoral Area “F” – March 20, 2017

RECOMMENDATION 2 Page 3 - 5 That the minutes of the March 20, 2017 Advisory Planning Commission Electoral Area “F” meeting be adopted as circulated.

D. DELEGATIONS

1. Development Variance Permit Application TROTT, B. & S. [File No. 17-0103-F-DVP] 15 Rosemond Lake Road, Electoral Area "F (See Item F.1)

E. UNFINISHED BUSINESS

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Advisory Planning Commission "F" Meeting Agenda May 15, 2017

F. NEW BUSINESS

1. Development Variance Permit Application TROTT, B. & S. [File No. 17-0103-F-DVP] 15 Rosemond Lake Road, Electoral Area "F" • Letter to Advisory Planning Commission • Application Package • Staff report dated May 4, 2017

FOR DISCUSSION

Page 6 - 37

2. Bylaw No. 2747 - Zoning Amendment [Additional Dwelling Units] File No. 17-0071-B-TA • Referral package dated April 26, 2017

FOR DISCUSSION

Page 38 - 47

3. Referral Response Tolko Industries Ltd. [File No. 17-0057-B-REF] • Letter dated April 24, 2017

FOR INFORMATION

Page 48 - 52

G. BUSINESS ARISING FROM DELEGATIONS

H. REPORTS

I. ADJOURNMENT

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REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA ‘F’ ADVISORY PLANNING COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held at the Enderby Fire Hall on March 20, 2017.

Members: C. Dale Fennell Keith Gray Bob Honeyman Todd Couch

Other: Herman Halvorson, Electoral Area “F” Director Denis Delisle, Electoral Area “F” Alt. Director

Guests: Dana Mills, Observer

CALL MEETING TO ORDER

Herman Halvorson called the meeting to order at 7:00p.m.

ELECTION OF CHAIR AND VICE CHAIR

Dale Fennell nominated Keith Gray for Chair, seconded by Bob Honeyman. Accepted by acclamation.

Keith Gray nominated Dale Fennell for Vice Chair, seconded by Bob Honeyman. Accepted by acclamation.

APPROVAL OF AGENDA

Moved by Bob Honeyman and Seconded by Dale Fennell “That the Agenda of March 20, 2017, Advisory Planning Commission Electoral Area “F” meeting be approved as presented, no late items.”

CARRIED

ADDOPTION OF MINUTES

Moved by Dale Fennell and Seconded by Bob Honeyman “That the minutes of the July 18, 2016 regular meeting of the Advisory Planning Commission Electoral Area “F” be adopted as circulated.”

CARRIED

NEW BUSINESS

1. Development Variance Permit Application and Floodplain Exemption Request TRENKE, M&M {File No. 17-0009-F-DVP} 8786 Mabel Lake Forest Service Road, Electoral Area “F”

Moved by Dale Fennel and seconded by Todd Couch that they accept Planning Department

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APC “F” Minutes – Regular - 2 - March 20, 2017

Recommendation “That upon consideration of input from adjacent land owners, a Development Variance Permit be issued for the property legally described as Block D of DL 3517, ODYD and located at 8786 Mabel Lake forest Service Road, Electoral Area “F” to allow a variance to Section 706.9c of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the rear yard setback of a seasonal single family dwelling from 7.5 m to 4.11 m subject to the dimensions and siting of the seasonal single family dwelling and covered deck being in accordance with the site plan, floor plan and building elevations attached to the Planning Department report dated March 13, 2017; and

That an exemption to Section 1701.3.b.iii of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 be approved for the property legally described as Block D of District Lot 3517, ODYD and located at 8786 Mabel Lake Forest Service Road, Electoral Area “F” to permit the floodplain setback of a seasonal single family dwelling to be reduced from 15.0m to 12.05m subject to a Section 219 Covenant being registered on title of the subject property which states that the proposed seasonal single family dwelling and covered deck must be setback no less than 15 m and 12.05 m respectively from the natural boundary of Mabel Lake and that the underside of a floor system of the top of any pad support any space or room that is used for dwelling purposes must be no less than 3 m above the natural boundary of Mabel lake and which indemnifies the Regional District from any damages that may be caused by flooding.”

Dale Fennell, Bob Honeyman, Todd Couch and Keith Gray have no issues or problems with this recommendation.

CARRIED

2. Agricultural Land Commission Application REIMER, K&J {File No. 17-0012-F-ALR} 36 Springbend Road, Electoral Area “F”

Moved by Bob Honeyman and seconded by Todd Couch that they accept the Planning Department Recommendation “that the application of Kevin and Joyce Reimer under Section 20(3) of the Agricultural Land Commission Act which requests permission to have a second dwelling unit for farm help on the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586 and located at 36 Springbend Road, Electoral Area “F” be approved.”

DISCUSSION ● Bob Honeyman noted that was the original house for the parents built in the 1950’s and it makes sense to leave it as is. It is larger than what is acceptable but they do farm organically over 400 acres. To tear this house down and farm the land would not increase the amount they farm by much. It is a good use for this building. ● Dale Fennell also agreed the home is in a corner and would not add much agricultural land. ● Todd Couch also agreed. ● Dennis Delise noted that there is a housing shortage in this area and it would not make sense to tear it down. ● Bob Honeyman had a question, what happens if this operation ceases to exist, does this second home stay? ● Herman Halverson said this 2nd residence is provided for farm help or family and it would be an Agricultural Land Commission decision then. CARRIED

3. REFERRAL APPLICATION Tolko Industries Ltd. {File No. 17-0057-B-REF}

Page 4 of 52 Advisory Planning Commission – Electoral Area “F”

APC “F” Minutes – Regular - 3 - March 20, 2017

DISCUSSION ● Dale Fennell it was nice to have something ahead of time. Final comments are to be in by April 24th. He was disappointed that you could not make out the maps. ● Keith Gray suggested we complain to the Regional District and suggest they send bigger colored maps. Maybe Herman Halverson could bring one in. Very hard to read once they were photo copied and there was no scale to it. ● Herman Halverson said all affected property owners would receive a letter from Tolko and if they had an issue with the logging they should put it in writing to Tolko so it is on record.

NO DELEGATIONS

NO REPORTS

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:30 p.m.

Certified Correct:

Chair Recording Secretary

Page 5 of 52 Advisory Planning Commission – Electoral Area “F”

REGIONAL DISTRICT OF NORTH OKANAGAN

MEMBER MUNICIPALITIES: ELECTORAL AREAS: CITY OF ARMSTRONG VILLAGE OF LUMBY "B" - SWAN LAKE "E" - CHERRYVILLE DISTRICT OF COLDSTREAM TOWNSHIP OF SPALLUMCHEEN "C" - B.X. DISTRICT "F" - ENDERBY (RURAL) CITY OF ENDERBY CITY OF VERNON "D" - LUMBY (RURAL)

OFFICE OF : PLANNING DEPARTMENT OUR FILE No.: 17-0103-F-DVP PIDNo.: 013-766-414

May 5, 2017

[X] Director Halvorson [X] Advisory Planning Commission, Area F

Re: Development Variance Permit for the property legally described as That Part of the NE 1/4, Sec 8, Shown on Plan 8143 (DD 41574G and 55183E) RS, W6M, KDYD and located at 15 Rosemond Lake Road, Electoral Area "F"

We enclose a copy of the above application for review and comments from the Advisory Planning Commission. The Commission is requested to review the application at their earliest convenience and advise Jennifer A. Miles at this office of any concerns they may have with respect to the proposed development. Also enclosed is the Information Report, which contains the Planning Department recommendation concerning the application.

The application will be considered by the Board of Directors at their meeting to be held on Wednesday, June 21, 2017 at 4:00 p.m.

Yours truly,

Ashley Bevan Executive Assistant

/ab Enclosures

Regional District of North Okanagan Phone: 250-550-3700 9848 Aberdeen Road Fax: 250-550-3701 Coldstream, BC V1 B 2K9 Web: www.rdno.ca E-Mail: [email protected]

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Regional District of North Okanagan

Property Information Report

Folio: 789.01630.000 May 5, 2017 9:29:15 AM Site Address: 15 ROSEMOND LAKE RD 1of1Page:

Legal: SECTION 8, RANGE 8, KAMLOOPS DIV OF YALE, PLAN KAP143B, TOWNSHIP 20, MERIDIAN 6 PART NE 1/4, MERIDIAN W6, (DD 41574G & 55183E).

PID: 013-766-414

BCAA Parcel Size: 2.4 ACRES

Additional Parcel Information: Value Description ALR SIZE (HA.) 0.696

LOT SIZE (HA.) 0.696

O.C.P. DESIGNATION 1 (HA.) SH 0.7

O.C.P. DESIGNATION 2 (HA.) DPA NULL

ZONING DESIGNATION 1 (HA.) SH 0.7

** IT IS RECOMMENDED that a Title Search be done to verify the existence of Easements and Statutory Right-of-Ways.

PUBLIC ADVICE: The Regional District of North Okanagan assumes no responsibility for the accuracy of the above information which has been compiled from several sources. These original sources should be checked to verifiy this information. Under the Freedom of Information and Protection of Privacy Act this report is available for public distribution.

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REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

DEVELOPMENT VARIANCE PERMIT APPLICATION

DATE: May 4, 2017

FILE NO.: 17-0103-F-DVP

APPLICANT: Bill and Sharon Trott

LEGAL DESCRIPTION: That Part of the NE 1/4, Sec 8, Shown on Plan B143 (DD 41574G and 55183E) R8, W6M, KDYD

P.I.D.#: 013-766-414

CIVIC ADDRESS: 15 Rosemond Lake Road

PROPERTY SIZE: 0.7 ha (1.73 acres)

ZONING: Small Holding Zone (S.H)

O.C.P. DESIGNATION: Small Holding

PROPOSAL: Construct an accessory residential building (detached garage)

PROPOSED VARIANCES:: Maximum gross floor area, horizontal dimension and height of a detached garage

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as That Part of the NE 1/4, Sec 8, Shown on Plan B143 (DD 41574G and 55183E) R8, W6M, KDYD and located at 15 Rosemond Lake Road, Electoral Area “F” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1. Section 801.3.d by permitting the maximum gross floor area of an accessory residential building (detached garage) to be increased from 80.3 m2 to 240.81 m2 as shown on the plans attached to the Planning Department Information Report dated May 4, 2017; 2. Section 801.3.d by permitting the maximum horizontal dimension of an accessory residential building (detached garage) to be increased from 11 m to 13.41 m and 14.63 m as shown on the plans attached to the Planning Department Information Report dated May 4, 2017; and 3. Section 801.4.a by permitting the maximum allowable height of an accessory residential building (detached garage) to be increased from 5.0 m to 7.32 m as shown on the plans attached to the Planning Department Information Report dated May 4, 2017; and further,

Page 23 of 52 Advisory Planning Commission – Electoral Area “F”

Development Variance Permit Application 17-0103-F-DVP (Bill & Sharon Trott) Page 2

That a Development Variance Permit be issued for the property legally described as That Part of the NE 1/4, Sec 8, Shown on Plan B143 (DD 41574G and 55183E) R8, W6M, KDYD and located at 15 Rosemond Lake Road, Electoral Area “F” subject to the existing 22.30 m2 woodshed and 22.30 m2 detached garage being removed from the subject property prior to issuance of an Occupancy Permit for the proposed accessory residential building (detached garage).

BACKGROUND:

This report relates to an application for a Development Variance Permit for the property located at 15 Rosemond Lake Road. The applicant is proposing to construct a detached garage on the property. The building is proposed to have a gross floor area of 240.81 m2, horizontal dimensions of 13.41 m and 14.32 m and a height of 7.32 m. The proposal requires variances to the Zoning Bylaw as it would not comply with Section 801.3.d which restricts detached garages to a maximum area of 80.3 m2 and horizontal dimension of not more than 11 m. The proposal also requires a variance to Section 801.4.a of the Zoning Bylaw which restricts detached garages to a maximum height of 5.0 m.

Site Context

The attached maps show the zoning and Official Community Plan land use designations of the subject and surrounding properties. The orthophoto below of the subject and surrounding properties was taken in 2013.

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Development Variance Permit Application 17-0103-F-DVP (Bill & Sharon Trott) Page 3

The subject property is located on the east side of Rosemond Lake Road and the west side of the Shuswap River. The property contains a single family dwelling which is located near the south side of the property. The dwelling is attached to a single car garage. An older 22.30 m2 detached garage is located on the south side of the existing dwelling. A 20.07 m2 storage shed and 22.30 m2 woodshed are located on the north side of the dwelling. Two driveways connect the property to Rosemond Lake Road.

Proposal

The applicant is proposing to construct a detached garage. The new building would be located to the north of the existing dwelling and storage shed. The new building is proposed to be 13.41 m wide by 14.63 m long for a total footprint of 196.19 m2. The proposed building includes a partial upper floor which measures 6.10 m wide by 7.32 m long for a total upper floor area of 44.62 m2. The total gross floor area of the building would be 240.81 m2. At its highest point, the building would be 7.32 m high. Access to the garage would be gained from one of the existing driveways on the property.

The owners have indicated that the building is required for storage space and parking of a large patio boat, 2 vehicles, an ATV, a UTV, a couple of snow mobiles, two ride on mowers and a bobcat skid steer. The owners have also indicated they would like to use the building for hobby wood working (personal use) and that the upper floor would be used for a personal gym with exercise equipment. No plumbing fixtures are proposed within the building. The owners have also indicated they will remove the existing 22.30 m2 woodshed and 22.30 m2 detached garage once the new building has been constructed.

ZONING BYLAW:

The subject property is zoned Small Holding (S.H). The uses permitted in the S.H zone include accessory residential uses, bed and breakfast facilities, boarding lodging or rooming houses, home occupations, restricted agricultural uses and single family dwellings which may include secondary suites. Section 801.2 of the Zoning Bylaw stipulates that the number of buildings allowed per lot is limited to one single family dwelling, two accessory residential buildings and two restricted agricultural buildings. The proposal as compared to the Small Holding (S.H) zone requirements is as follows:

CRITERIA PROPOSAL ZONE REQUIREMENTS Lot Area (min.) 0.7 ha 1 ha Lot Coverage (max.) +7% 30% Accessory Building (Garages): Height (max.) 7.32 m 5.0 m Setbacks (min.) from lot lines - Front (west) 9.75 m 7.5 m - Interior Side (north) 14.6 m 3.0 m - Rear +60 m 2.0 m - Interior Side (south) +80 m 3.0 m - Shuswap River +60 m 30.0 m Gross Floor Area (max.) 240.81 m2 80.3 m2 Horizontal Dimension (max.) 13.41 m / 14.32 m 11 m

Page 25 of 52 Advisory Planning Commission – Electoral Area “F”

Development Variance Permit Application 17-0103-F-DVP (Bill & Sharon Trott) Page 4

Section 1701.3.a of the Zoning Bylaw states that the portion of a building or structure to be used as a carport, garage or entrance foyer is exempted from Flood Construction Level provisions.

Section 1701.3.b of the Zoning Bylaw states that the Floodplain Setback from the Natural Boundary of the Shuswap River is 30.0 m.

Section 1702.2.a of the Zoning Bylaw states that development may not occur within the Riparian Assessment Area unless a lesser setback is determined by an assessment completed by a Qualified Environmental Professional under the Riparian Area Regulations or an approval is granted under the Riparian Area Regulation by the applicable provincial or federal agencies.

OFFICIAL COMMUNITY PLAN:

Riparian Development Permit Area

All Riparian Assessment Areas within Electoral Area “F” are designated as Riparian Development Permit Areas. The primary objective of this designation is to protect water courses and their riparian areas, and to restore or enhance disturbed areas, in order to sustain natural features, functions and conditions that support wildlife, waterfowl and fish habitat.

The proposal is exempt from a Development Permit as it is proposed to be located outside of the Riparian Assessment Area. The Riparian Assessment Area is defined as the area within 30 metres of the high water mark of a riparian watercourse.

Shuswap River Floodplain Development Permit Area

All lands within the Provincially designated Shuswap River Floodplain are designated as the Shuswap River Floodplain Development Permit Area. The primary objective of this designation is to protect development from natural hazards on lands that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, subsidence, or tsunami.

The proposal is exempt from a Development Permit as the proposed development is consistent with the types of development listed in the Zoning Bylaw as exempt from the Flood Construction Level requirements of the Zoning Bylaw and a Section 219 Covenant has been registered as a priority charge under the Land Title Act against the Title which states that all construction must meet the Flood Construction Levels and Floodplain Setbacks as outlined in the Zoning Bylaw and indemnifies the Regional District from any losses or damages caused by flooding.

PLANNING ANALYSIS:

The applicant proposes to construct a detached garage on the north side of the subject property. The building is proposed to be 7.32 m high and 13.41 m wide by 14.63 m long for a total footprint of 196.19 m2. The proposed building also includes a partial upper floor which measures 6.10 m wide by 7.32 long for a total upper floor area of 44.62 m2. The total gross floor area of the building would be 240.81 m2 which is larger than the maximum permitted size of 80.3 m2 and taller than the maximum permitted height of 5.0 m.

Page 26 of 52 Advisory Planning Commission – Electoral Area “F”

Development Variance Permit Application 17-0103-F-DVP (Bill & Sharon Trott) Page 5

The Planning Department recommends that the proposed variances be supported for the following reasons: • Due to the property’s size and the spatial separation and existing landscaping that would exist between the proposed building and surrounding properties, it does not appear that the proposed variances would have a negative impact on the use and enjoyment of the subject and surrounding properties. The proposed accessory residential building complies with building setback and lot coverage requirements; • If the proposed garage were to be attached to the existing house no variances would be necessary. The construction of an attached or detached garage would have an equal minimal impact on the use and enjoyment of the subject and surrounding properties; • The applicant has supplied letters from four neighbouring properties indicating their “support in the approval of the application for this variance”. Attached is a map which shows the location of these properties; and, • The Zoning Bylaw allows properties zoned Small Holding to have two 80.3 m2 detached garages provided they meet the applicable building setback and lot coverage requirements of the zone. The property currently has an existing 20.07 m2 storage shed, 22.30 m2 woodshed and 22.30 m2 detached garage. The owners have also indicated they will remove the existing 22.30 m2 woodshed and 22.30 m2 detached garage once the new building has been constructed. To comply with the Zoning Bylaw and to reduce the overall number of buildings on the property, staff recommend approval of the proposed variances subject to the existing 22.30 m2 woodshed and 22.30 m2 detached garage being removed from the subject property prior to issuance of an Occupancy Permit for the proposed new building.

SUMMARY:

The subject Development Variance Permit application proposes to construct a detached garage on the property located at 15 Rosemond Lake Road. The applicants also propose to remove the existing 22.30 m2 woodshed and 22.30 m2 detached garage from the subject property. The area of the proposed new detached garage is proposed to be 240.81 m2. The height of the building is proposed to be 7.32 m. The proposal requires variances to the Zoning Bylaw as it would not comply with Section 801.3.d which restricts detached garages to a maximum area of 80.3 m2 and horizontal dimension of not more than 11 m. The proposal also requires a variance to Section 801.4.a of the Zoning Bylaw which restricts detached garages to a maximum height of 5.0 m.

The Planning Department recommends that upon consideration of input from adjacent land owners, the application receive favourable consideration as it does not appear that the size and height of the proposed building would have a negative impact on the use and enjoyment of the subject and surrounding properties. As a condition of approval, it is recommended that the existing 22.30 m2 woodshed and 22.30 m2 detached garage be removed from the subject property prior to issuance of an Occupancy Permit for the proposed new building.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Building Inspection Department No comments were provided by the Building Inspector. 2. Ministry of Transportation and Infrastructure The Ministry indicated the proposal does not affect their interests.

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ELECTORAL AREA "F" DEVELOPMENT VARIANCE PERMIT APPLICATION SUBJECT PROPERTY MAP File: 17-0103-F-DVP Owner/Applicant: Bill & Sharon Trott Location: 15 Rosemond Lake Road

Page 29 of 52 Advisory Planning Commission – Electoral Area “F”

ELECTORAL AREA "F" DEVELOPMENT VARIANCE PERMIT APPLICATION ZONING SUBJECT PROPERTY MAP

File: 17-0103-F-DVP Owner/Applicant: Bill & Sharon Trott Location: 15 Rosemond Lake Road

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ELECTORAL AREA "F" DEVELOPMENT VARIANCE PERMIT APPLICATION OCP SUBJECT PROPERTY MAP

File: 17-0103-F-DVP Owner/Applicant: Bill & Sharon Trott Location: 15 Rosemond Lake Road

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ELECTORAL AREA "F" DEVELOPMENT VARIANCE PERMIT APPLICATION SUBJECT PROPERTY MAP WITH PROPERTIES WHICH HAVE STATED “SUPPORT IN THE APPROVAL FOR THIS VARIANCE”

File: 17-0103-F-DVP Owner/Applicant: Bill & Sharon Trott Location: 15 Rosemond Lake Road

Page 32 of 52 Advisory Planning Commission – Electoral Area “F”

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REGIONAL DISTRICT OF NORTH OKANAGAN

MEMBER MUNICIPALITIES· ELECTORAL AREAS: CITY OF ARMSTRONG VILLAGE OF LUMBY "B" - SWAN LAKE "E" - CHERRYVILLE DISTRICT OF COLDSTREAM TOWNSHIP OF SPALLUMCHEEN "C" - B.X. DISTRICT "F" - ENDERBY (RURAL) CITY OF ENDERBY CITY OF VERNON "D" - LUMBY (RURAL)

OFFICE OF : PLANNING DEPARTMENT OUR FILE No.: 17-0071 -B-TA

April 26, 2017

[ x ] Advisory Planning Commission, Electoral Area "B" [ x ] Advisory Planning Commission, Electoral Area "C" [ x] Advisory Planning Commission, Electoral Area "D" [ x ] Advisory Planning Commission, Electoral Area "E" [ x ] Advisory Planning Commission, Electoral Area "F"

Dear Sir I Madam:

Re: Zoning Text Amendment Bylaw No. 2747 [Additional Dwelling Units]

We enclose a copy of the above noted Bylaw for your review and comment. Also attached is a report dated March 24, 2017 which provided the Board of Directors of the Regional District of North Okanagan with information regarding the proposed Bylaw amendments. The report and Bylaw were considered by the Board of Directors at their Regular Meeting held on April 19, 2017 at which time they gave First Reading to Bylaw No. 2747 and resolved to refer it to various agencies for review and comment.

We respectfully request that you review this Bylaw at your earliest convenience and advise this office of any concerns that your agency may have with respect to the proposed Bylaw.

Please direct your comments to the undersigned at [email protected] and any questions you may have to Jennifer A. Miles of the Planning Department at (250) 550-3746 or [email protected].

Thank you . .M~ Ashley B~JJ Executive Assistant /ab Enclosures

Regional District of North Okanagan Phone: 250-550-3700 9848 Aberdeen Road Fax: 250-550-3701 Coldstream, BC V1 B 2K9 Web: www. rdno.ca E-Mail: [email protected]

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REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Board of Directors

Held on

Wednesday, April 19, 2017

NEW BUSINESS

Bylaw No. 2747 - Zoning Amendment [Additional Dwelling Units] File No. 17-0071-B-TA

Moved and seconded by Directors Fairbairn and Halvorson That Zoning Text Amendment Bylaw No. 2747, 2017 which proposes to amend Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to permit detached suites being accommodation above an existing accessory residential or agricultural building and provide clarification regarding the regulations for an ancillary single family dwelling on parcels within the Country Residential (C.R), Non-Urban (N.U), and Large Holding (L.H) zones be given First Reading; and further,

Zoning Text Amendment Bylaw No. 2747, 2017 be referred to various agencies for review and comment. CARRIED

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REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 17-0071-B-TA / 3060.03.03

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: March 24, 2017 SUBJECT: Zoning Amendment Bylaw No. 2747 [Additional Dwelling Units]

RECOMMENDATION:

That Zoning Text Amendment Bylaw No. 2747, 2017 which proposes to amend the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to permit detached suites being accommodation above an existing accessory residential or agricultural building and provide clarification regarding the regulations for an ancillary single family dwelling on parcels within the Country Residential (C.R), Non- Urban (N.U), and Large Holding (L.H) zones be given First Reading; and further,

That Zoning Text Amendment Bylaw No. 2747, 2017 be referred to various agencies for review and comment.

BACKGROUND:

At the Regular Meeting held on January 4, 2017, the Board of Directors directed staff to prepare an amendment to Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 as a result of the changes to the Provincial Agricultural Land Reserve (ALR) Use, Subdivision and Procedure Regulation – BC Reg. 171/2002. This direction was provided in response to Order in Council No. 346 which amended Part 3 of BC Reg. 171/2002 to permit an accommodation that is constructed above an existing building on the farm and that has only a single level as an alternative to a 9 m wide manufactured home for use by a family member which was already permitted under the Regulation.

In response to the Board’s direction, staff have prepared Zoning Text Amendment Bylaw No. 2747 which proposes to amend the Zoning Bylaw to allow detached suites as a permitted use on lots with an area of 2 ha or greater size in the Country Residential (C.R), Non-Urban (N.U), and Large Holding (L.H) zones. The Country Residential (C.R) zone, Non-Urban (N.U) zone and the Large Holding (L.H) zones of the Zoning Bylaw currently permit secondary suites within a single family dwelling or a single family dwelling plus an ancillary single family dwelling, limited in size to 75 m2 without a restriction on the dwelling’s use.

Staff have recently been informed by Agricultural Land Commission (ALC) staff that the ancillary single family dwelling’s use must be linked to a level of farming activity taking place on the property and that the current provisions are not in compliance with the ALC Regulations. In response to the ALC’s direction, staff have included provisions within Zoning Text Amendment Bylaw No. 2747 to amend the Zoning Bylaw to provide clarification on the regulations for the ancillary single family dwelling’s use on properties within the ALR.

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Report to: Electoral Area Advisory Committee File No.: 17-0071-B-TA / 3060.03.03 From: Planning Department March 24, 2017 Re: Zoning Text Amendment Bylaw No. 2747 [Additional Dwelling Units] Page 2 of 3

PLANNING ANALYSIS:

To address the direction provided by the Board with regard to accommodation above an existing building, it is recommended that the Regional District Zoning Bylaw be amended by listing detached suites as a permitted use in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones and by stipulating that detached suites in these zones must comply with the following:

1. For properties outside the Agricultural Land Reserve, detached suites in the Residential (C.R), Non- Urban (N.U) and Large Holding (L.H) zones must comply with the following:

a. Detached suites must be located on one floor and be above an existing accessory residential or agricultural use; b. The main floor of the building which contains a detached suite must be used for accessory residential or agricultural purposes; c. No more than one (1) detached suite shall be permitted within an accessory residential or agricultural building; d. No more than one (1) detached suite shall be permitted per lot; e. Detached suites shall not be permitted on lots containing a secondary suite, ancillary single family dwellings or a two family dwelling; f. Detached suites on lots within the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones shall not be permitted on lots that are smaller than 2 ha; g. The maximum floor area of a detached suite shall not exceed 90 m2 (968 square feet); h. One (1) off-street parking space must be provided for each detached suite. The parking space may not be provided in tandem with any other parking space required by this Bylaw; i. Detached suites must comply with all relevant Regional District bylaws and the British Columbia Building Code; and j. Detached suites must be located in an accessory residential or agricultural building and on property which is a single real estate entity. No strata titling will be permitted.

2. For properties within the Agricultural Land Reserve, detached suites in the Residential (C.R), Non- Urban (N.U) and Large Holding (L.H) zones must comply with Section 411.1 above and the following: a. The detached suite may only be located on a lot that is classified as “farm” under the BC Assessment Act, as amended from time to time; and b. The detached suite must comply with all Agricultural Land Commission regulations.

To address the statements by ALC staff with regard to ancillary single family dwellings, it is recommended that the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones of the Regional District Zoning Bylaw be amended to delete the current references to ancillary single family dwellings and by stipulating that ancillary single family dwellings in these zones must comply with the following:

1. For properties outside the Agricultural Land Reserve, ancillary single family dwellings in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones must comply with the following:

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d. The maximum gross floor area of an ancillary single family dwellings shall not exceed 75 m2 (807 square feet); e. Attached open decks, porches and carports shall not exceed 50% of the gross floor area of the ancillary single family dwelling and may not be screened to create a room; f. Ancillary single family dwellings may not include a basement; but may include a cellar which does not include habitable space; g. One (1) off-street parking space must be provided for each ancillary single family dwelling. The parking space may not be provided in tandem with any other parking space required by this Bylaw; h. Ancillary single family dwellings must comply with all relevant Regional District bylaws and the British Columbia Building Code; and i. Ancillary single family dwellings must be located on property which is a single real estate entity. No strata titling will be permitted.

2. For properties within the Agricu ltural Land Reserve, ancillary single family dwelli ngs in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones must comply with Section 410.1 above and the following: a. The ancillary single family dwelling may only be located on a lot that is classified as "farm" under the BC Assessment Act, as amended from time to time

Referrals

In follow-up to the Board's direction and statements from ALC staff, staff recommend that Zoning Text Amendment Bylaw No. 2747 be referred to the Agricultural Land Commission, Interior Health Authority, Okanagan Basin Water Board and Advisory Planning Commissions to provide comments on the matter.

SUMMARY:

Staff recommend that First Reading of Zoning Text Amendment Bylaw No. 2747 be supported and further that following First Reading, the Bylaw be referred to Agricultural Land Commission, Interior Health Authority, Okanagan Basin Water Board and Advisory Planning Commissions with a request for their review and written response which staff will report to the Board in advance of Second Reading.

Submitted by:

Jennif~ es, MCIP, RPP'" Planner/

Endorsed by: Approved for Inclusion: ~ ~ Rob Smailes, MCIP, RPP - ~- Dav i d Sewell General Manager, Planning and Building (/ - t.- Chief Administrative Officer

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REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Board of Directors

Held on

Wednesday, January 4, 2017

NEW BUSINESS

Changes to the Provincial Agricultural Land Reserve Use Subdivision and Procedure Regulation - BC Reg. 171/2002

Moved and seconded by Directors Macnabb and Fairbairn That staff be directed to amend Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 as a result of the changes to the Provincial Agricultural Land Reserve Use, Subdivision and Procedure Regulation – BC Reg. 171/2002 as outlined in the Planning Department report dated December 1, 2016. CARRIED

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REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2747

A bylaw to amend the text of Zoning Bylaw No. 1888, 2003

WHEREAS pursuant to Section 479 [Zoning bylaws] of the Local Government Act, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones;

AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional District of North Okanagan Zoning Bylaw No. 1888, 2003” as amended;

AND WHEREAS, pursuant to Section 460 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw;

AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008” as amended to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit:

AND WHEREAS the Board is desirous to amend the Zoning Bylaw to permit detached suites and ancillary single family dwellings on lots with an area of 2 ha or greater within some rural zones;

NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

A. CITATION

This Bylaw may be cited as the “Zoning Text Amendment Bylaw No. 2747, 2017”.

B. AMENDMENTS

1. Division Two – Interpretation of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding the following definitions:

“Dwelling, Ancillary Single Family” means a single family dwelling or manufactured home ancillary to an existing principal single family dwelling located on the same lot or a single family dwelling ancillary to an existing principle manufactured home located on the same lot.

“Detached suite” means a self-contained accessory dwelling unit above an existing accessory residential or agricultural building. A detached suite has its own separate cooking, sleeping and bathing facilities. It has direct access to outside without passing through any part of the accessory residential or agricultural building.

2. Division Four – General Regulations of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by adding the following as Section 410:

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Bylaw No. 2747 Page 2 of 4

Ancillary Dwellings

a. No more than one (1) ancillary single family dwelling shall be permitted per lot; b. Ancillary single family dwellings shall not be permitted on lots containing a secondary suite, detached suite or a two family dwelling; c. Ancillary single family dwellings on lots within the Country Residential (C.R), Non- Urban (N.U) and Large Holding (L.H) zones shall not be permitted on lots that are smaller than 2 ha; d. The maximum gross floor area of an ancillary single family dwellings shall not exceed 75 m2 (807 square feet); e. Attached open decks, open porches, covered patios and carports shall not exceed 50% of the gross floor area of the ancillary single family dwelling and may not be screened to create a room; f. Ancillary single family dwellings may not include a basement; but may include a cellar which does not include habitable space; g. One (1) off-street parking space must be provided for each ancillary single family dwelling. The parking space may not be provided in tandem with any other parking space required by this Bylaw; h. Ancillary single family dwellings must comply with all relevant Regional District bylaws and the British Columbia Building Code; and i. Ancillary single family dwellings must be located on property which is a single real estate entity. No strata titling will be permitted.

2. For properties within the Agricultural Land Reserve, ancillary single family dwellings in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones must comply with Section 410.1 above and the following: a. The ancillary single family dwelling may only be located on a lot that is classified as “farm” under the BC Assessment Act, as amended from time to time.

3. Division Four – General Regulations of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by adding the following as Section 411:

Detached Suites

1. For properties outside the Agricultural Land Reserve, detached suites in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones must comply with the following:

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Bylaw No. 2747 Page 3 of 4

g. The maximum floor area of a detached suite shall not exceed 90 m2 (968 square feet); h. One (1) off-street parking space must be provided for each detached suite. The parking space may not be provided in tandem with any other parking space required by this Bylaw; i. Detached suites must comply with all relevant Regional District bylaws and the British Columbia Building Code; and j. Detached suites must be located in an accessory residential or agricultural building and on property which is a single real estate entity. No strata titling will be permitted.

2. For properties within the Agricultural Land Reserve, detached suites in the Country Residential (C.R), Non-Urban (N.U) and Large Holding (L.H) zones must comply with Section 411.1 above and the following: a. The detached suite may only be located on a lot that is classified as “farm” under the BC Assessment Act, as amended from time to time; and b. The detached suite must comply with all Agricultural Land Commission regulations.

4. Division Eight – Rural Zones of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by deleting Sections 802.1.c, 803.1.c and 804.1.c with the following: • Section 802.1.c Ancillary single family dwellings subject to the provisions of Section 410 of this bylaw • Section 803.1.c Ancillary single family dwellings subject to the provisions of Section 410 of this bylaw • Section 804.1.c Ancillary single family dwellings subject to the provisions of Section 410 of this bylaw

5. Division Eight – Rural Zones of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by adding Sections 802.1.v, 803.1.w and 804.1.w as follows: • Detached suites subject to the provisions of Section 411 of this bylaw.

6. Division Eight – Rural Zones of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by deleting Sections 802.2.d, 803.2.e and 804.2.e and replacing with the following: • One (1) ancillary single family dwelling subject to the provisions of Section 410 of this bylaw.

7. Division Eight – Rural Zones of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by adding Sections 802.2.g, 803.2.h and 804.2.h as follows with the following: • One (1) detached suite subject to the provisions of Section 411 of this bylaw.

8. Division Eight – Rural Zones of Regional District of North Okanagan Zoning Bylaw No. 1888 is hereby amended by deleting Sections 802.10.b, 803.10.b and 804.10.b in their entirety.

Read a First Time this 19th day of April, 2017

Read a Second Time this day of , 2017

Advertised on this day of , 2017 this day of , 2017

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Bylaw No. 2747 Page 4 of 4

Public Hearing held this day of , 2017

Read a Third Time this day of , 2017

Approved by Minister of Transportation and this day of , 2017 Infrastructure (Transportation Act s. 52(3))

ADOPTED this day of , 2017

Chair Deputy Corporate Officer

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REGIONAL DISTRICT OF NORTH OKANAGAN

MEMBER MUNICIPALITIES: ELECTORAL AREAS:

CITY OF ARMSTRONG VILLAGE OF LUMBY “B” – SWAN LAKE “E” – CHERRYVILLE DISTRICT OF COLDSTREAM TOWNSHIP OF SPALLUMCHEEN “C” – B.X. DISTRICT “F” – ENDERBY (RURAL) CITY OF ENDERBY CITY OF VERNON “D” – LUMBY (RURAL)

OFFICE OF: Engineering OUR FILE No.: 5750.03.02.01.02

April 24, 2017

Tolko Industries Ltd Southern Interior Woodlands 4280 Hwy 6, Lumby BC V0E 2G7

Dear Harold Waters;

Re: Forest Stewardship Plan (FSP) Cutblock and Road Development Information Sharing Package 2017-SI-05 for Tolko Sothern Interior Woodlands, Lumby

The FSP development referral map (4 and 5), “Community Crown Interface Area” have been reviewed.

Wherever possible we request you consider the following practices when harvesting in the Regional District of North Okanagan, Community Crown interface areas.

a) Retain 100% of wind firm coniferous trees, all understory and deciduous trees within the 10m Riparian Retention Zone (RRZ) of all S4 streams and 50% basal retention in the Riparian Management Zone (RMZ). Retain a 10 m retention of all non-merchantable stems along S5, S6 and Non-classified drainages (NCD’s) to minimize or prevent the impact of forest on water quality.

b) All proposed roads and trails are recommended to be temporary and rehabilitated within one year or immediately post-harvest to insure all riparian features return to their pre- harvest state.

c) Continue to construct and maintain all stream crossings and roads utilizing the “Water Quality Effectiveness Evaluation” methodology with no “high” ratings. Continue with all new and replaced culverts and bridges meeting the Q100 design criteria or higher. As required ensure natural drainage is maintained throughout blocks and to adjacent areas.

d) Terrain Stability Assessments should be completed on all blocks in flat over steep situations or blocks that contain slopes of 50% or greater. Terrain Stability reports and field summaries are requested for review. A drainage plan should be carried out with detailed stream mapping and a drainage control plan where needed. Partial cutting to limit disturbance over Class 4 and 5 Terrain should be considered.

e) Areas where multiple blocks are connected by new road development and stream crossings, further information is being requested as listed below:

Regional District of North Okanagan Phone: 250-550-3700 9848 Aberdeen Road Fax: 250-550-3701 Coldstream, BC Web: www.rdno.ca V1B 2K9 E-Mail: [email protected]

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File No.: 5750.03.02.01.02 Dated: April 24, 2017 Page 2 of 2

Specific “FSP” and “CP” cut blocks and Road Development of concern:

1) Multiple new cutblocks and roads are being considered east of Mara Park. Please provide more information on the road development, stream crossings, block density and size for the following blocks AS7130 through 139. The blocks appear to be at the headwaters of a stream and wetland complex, in a flat over steep situation. (Attachment:AS713_Mara_Tolko_2017SI-05)

2) Multiple new cutblocks and roads being considered south of Shuswap River Islands Park. Please provide more information on road development, block density and size for the following blocks LV 4177-49, LV 4142, LV4216, and LV 4238-42. The blocks appear to be on steep terrain, has a terrain stability assessment been completed? What are the stream classifications and riparian management practices for these cutblocks? area.(Attachment:LV414_424_Tolko_2017SI-05)

3) Multiple new cutblocks, stream crossings and roads being considered east of Enderby. Please provide more information on the road development, stream crossings, block density and size for the following blocks LV4171, LV4173, 74, LV 4231-37. The blocks appear to be on steep terrain, and there are multiple stream crossings. Has a terrain stability assessment been completed? .(Attachment:LV417_423_Tolko_2017SI-05)

Please contact me at 550-3747 or email at [email protected] to clarify any questions or concerns.

Yours truly,

Renee Clark Water Quality Manager

cc: Rob Smailes, GM Planning and Building

Regional District of North Okanagan Phone: 250-550-3700 9848 Aberdeen Road Fax: 250-550-3701 Coldstream, BC Web: www.rdno.ca V1B 2K9 E-Mail: [email protected]

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