Regional District Gm: ______

• REGIONAL DISTRICT GM: ______

Lo, of Fraser-Fort George

Main Office: 155 George Street, Prince George, BC V2L 1P8 Telephone: (250) 960-4400 / Fax: (250) 563-7520 REPORT FOR CONSIDERATION Toll Free: 1-800-667-1959 / http://www.rdffg.bc.ca

TO: Chair and Directors File No.: REZ 5702/17937/4

FROM: Daniel Burke, Planner II

DATE: November 3, 2020

SUBJECT Item: Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290, Amendment SUMMARY: Bylaw No. 3202, 2020; Zoning Bylaw No. 2892, Amendment Bylaw No. 3203, 2020 Purpose: Consider First Reading and Public Consultation Location: McLennan Road – Electoral Area ‘H’ Owner: Christine and Trevor Pelletier PREVIOUS REPORTS: None ATTACHMENT(S): 1. Backgrounder 2. Appendix ‘A’ 3. Bylaw No. 3202 4. Bylaw No. 3203

RECOMMENDATION(S): ENTITLEMENT HOW VOTE COUNTED 1. THAT the report be received. All Majority 1 Director/1 vote 2. THAT Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290, All Majority Amendment Bylaw No. 3202, 2020 be now introduced and read a first time. 1 Director/1 vote

3. THAT Zoning Bylaw No. 2892, Amendment Bylaw No. 3203, 2020 be now introduced All Majority and read a first time. 1 Director/1 vote

4. THAT the consultation opportunity for Bylaw No. 3202, 2020 be carried out as outlined All Majority in Appendix ‘A’ attached to the report. 1 Director/1 vote

ISSUE(S):

An application has been made for a zoning bylaw and Official Community Plan (OCP) amendment to permit a second Residential-Single Family use on the subject property.

Board is being asked to consider:  first reading of Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290, Amendment Bylaw No. 3202, 2020;  first reading of Zoning Bylaw No. 2892, Amendment Bylaw No. 3203, 2020; and  consideration of the form of consultation for Bylaw No. 3202, 2020.

RELEVANT POLICIES:

1. Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290:  proposal is not consistent with OCP policies  the subject property is designated Rural Residential (RR)  the Housing Policy only supports one additional residence on parcels 2.0 ha or larger  an OCP amendment is required Report to Regional Board Page 2

2. Zoning Bylaw No. 2892:  proposal does not meet zoning bylaw regulations  the subject property is zoned Country Residential (CR1)  the minimum parcel size to be permitted two Residential-Single Family uses is 8.0 ha or larger  subject property is 1.8 ha in size  a zoning bylaw amendment is required

3. Local Government Act:  outlines requirements for consideration of amendments to an official community plan and zoning bylaw  local government must consider whether the opportunities for official community plan consultation with one or more of the specified persons, organizations and authorities should be early and ongoing

4. Development Services Applications Procedures Bylaw No. 2776:  Board may direct that a public consultation opportunity be provided in advance of a public hearing

STRATEGIC ALIGNMENT:

Climate Action Economic Health Indigenous Relations Strong Communities □ □ □ None – Statutory or Routine Business □ SERVICE RELEVANCE:

Regional District Land Use Services is a region wide service and fulfils the obligations of land use planning under Part 14 of the Local Government Act.

FINANCIAL CONSIDERATION(S):

N/A

OTHER CONSIDERATION(S):

N/A

DECISION OPTIONS:

1. Approve recommendations.  bylaws will receive first reading  consultation plan outlined in Appendix ‘A’ to the report will proceed prior to returning for consideration of second reading

Other Options:

a. approve first reading and amend the form of consultation opportunity  Appendix ‘A’ to the report may be amended to include consultation with additional agencies or landowners  the amended consultation opportunity will proceed prior to returning for consideration of second reading

b. hold both bylaws at first reading if further information is required  bylaws will return to the Regional Board for consideration when additional information is available

c. defeat bylaws at first reading  bylaws cannot be considered further, and the matter will be closed

Report to Regional Board Page 3

COMMENTS:

An application has been made for a zoning bylaw and Official Community Plan (OCP) amendment to permit two Residential-Single Family (RSF) uses on the subject property. The subject property currently contains a RSF dwelling, barn, garage, and greenhouse.

The subject property is designated RR by the Robson Valley-Canoe Upstream Official Community Plan (OCP). The OCP’s Housing Policy only supports one additional residence on parcels 2.0 ha (5 acres) or larger; subject to evaluation through a rezoning process and provided the parcel is able to handle on-site sewage disposal for all residences. The subject property is only 1.8 ha (4.45 acres) in size. An OCP amendment is required. 1.6 ha was chosen for the proposed OCP amendment as it would align with the minimum parcel size requirements for the OCP’s RR designation.

The proposed OCP amendment to the Housing Policy would allow zoning amendments for a second residences to be considered on parcels within the RR designation that are 1.6 ha or larger in size, subject to providing proof a parcel is able to handle on-site sewage disposal for all residences. If a parcel is located within the ALR, Non-Adhering Residential Use approval may be required from the Agricultural Land Commission (ALC) before applying to rezone. The lot size threshold for second residence in all other designations will remain 2.0 ha outside ALR designated lands and 4.0 ha inside ALR designated lands. This amendment would affect approximately twenty-three parcels within OCP’s jurisdiction; of those two are within the ALR.

Further, the proposed OCP amendment would update the format of the Section 3.3 Housing Policy within the Robson Valley-Canoe Upstream Official Community Plan to increase clarity of the Housing Policy for Administration and the public.

The subject property is zoned Country Residential 1 (CR1). A zoning bylaw amendment is required because the CR1 zone does not permit two RSF uses on a parcel which is less than 8.0 ha in size. A zoning amendment application is required. The proposed zoning bylaw amendment would permit two RSF uses and one Secondary Suite use on the subject property as site-specific amendment to the CR1 zone.

No objections have been received from Technical Agency referrals to date regarding the proposal. Please find all Technical Agency referral responses regarding the proposal attached to the Backgrounder.

Should the Board wish to proceed with this application, the next step suggested is a public consultation mail-out to properties within 200 m of the subject property and newspaper ad, as detailed on Appendix ‘A’ to the report. The Board would be afforded an opportunity to consider the proposed bylaw amendments and requiring additional information regarding the capacity of on-site sewage of the subject parcel at a future meeting.

If additional information or amendments are desired, the bylaws may be held at first reading. Should the bylaws be defeated, the proposed subdivision will not be permitted, and the matter will be closed.

Respectfully submitted,

Daniel Burke Planner II

DB:lh

Report to Regional Board Page 4

BACKGROUNDER

Owners: Christine and Trevor Pelletier

Location: 2845 McLennan Road – Electoral Area ‘H’

Legal Lot 4 District Lot 5702 Cariboo District Plan 17937 – 1.8 hectares (4.45 acres) Description:

Proposal: A land use application has been received to permit a second Residential-Single Family use to be established on the subject property. The subject property currently contains a RSF dwelling, barn, garage, and greenhouse.

ALR: The subject property is not within the Agricultural Land Reserve.

Report to Regional Board Page 5

Official The property is designated Rural Residential (RR) by the Robson Valley-Canoe Upstream Official Community Community Plan (OCP). The OCP’s Housing Policy only supports one additional residence on Plan: parcels 2.0 ha (5 acres) or larger; subject to evaluation through a rezoning process and provided the parcel is able to handle on-site sewage disposal for all residences. The subject property is only 1.8 ha (4.45 acres) in size. An OCP amendment is required.

The proposed OCP amendment would alter the Housing Policy to support the establishment of two Residential-Single Family dwelling units on a parcel designated RR with a parcel size of 1.6 ha (4 acres) or larger; subject to evaluation through a rezoning process and provided the parcel is able to handle on-site sewage disposal for all residences. The proposed amendment would align with the minimum parcel size requirements of the RR designation within the OCP. If a parcel is located within the ALR, Non-Adhering Residential Use approval may be required from the Agricultural Land Commission (ALC) before applying to rezone.

Below find a table overviewing the existing and proposed addition to the Housing Policy:

Existing OCP Housing Policy: Generally: One residence per parcel

Further supports*: Any size parcel One secondary suite 2.0 ha or larger parcel (not within ALR) One additional residence

4.0 ha or larger parcel (within ALR) One additional residence

4.0 ha or larger parcel (not within the ALR) One or more additional residences based on the density not to exceed one dwelling for each 4.0 ha of a parcel

Proposed OCP Housing Policy Addition*: 1.6 ha or larger (designated RR, within or not One additional residence within the ALR)

* Subject to evaluation through a rezoning process where necessary and if required; and provided the property is able to handle on-site sewage disposal for all residences. This amendment would affect approximately twenty-three parcels within OCP’s jurisdiction; of those two are within the ALR.

The area encompassed by the Robson Valley-Canoe Upstream OCP include the community of Tete Jaune Cache to the Alberta border to the rural community of Albreda in the Camp Creek Valley.

Report to Regional Board Page 6

Zoning: The subject property is zoned Country Residential 1 (CR1) by Zoning Bylaw No. 2892. The minimum parcel size to be permitted two Residential-Single Family (RSF) uses is 8.0 ha (20 acres). The subject property is 1.8 ha (4.4 acres) in size and the does permits one RSF use and Secondary Suite use currently. A zoning amendment application is required.

The proposed Zoning Bylaw Amendment would permit two RSF uses and one Secondary Suite use on the subject property as site-specific amendment to the CR1 zone.

ZONING

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Access: The subject property is accessed on McLennan Road.

Fire The property is within a volunteer fire protection area. Protection:

Geotechnical The subject property is contained within a low frequency hazard area, in accordance with the Robson Study Area: Valley Land Hazard Study Lamming Mills to Albreda, BC (Bruce Geotechnical Consultants, 1999). This is due to Fluvioglacial blanket/Glaciolacustrine blanket piping.

Report to Regional Board Page 7

Future If the Official Community Plan and zoning bylaw amendment is approved, building permits would be Applications: required for any structure established on the subject property

Technical Regional District Building Inspection: Agency A building permit is required for the proposed new structure. Comments: The applicant would be required to prove that the existing sewerage system can accommodate an additional dwelling unit. Blaine Harasimiuk Manager of Inspection Services and Sustainable Practices

Ministry of Transportation and Infrastructure: The Ministry of Transportation & Infrastructure (MoTI) has received the above noted referral from the Regional District of Fraser-Fort George regarding an application for a zoning bylaw amendment. The application has been reviewed, and MoTI has the following comments:  Should the zoning bylaw amendment be approved, the Ministry’s signature on the zoning bylaw would be required as this property is within an 800 meter radius of an intersection with a controlled access highway, as per section 52 of the Transportation Act.  No storm drainage shall be directed to MoTI drainage system. This includes but is not limited to collection and run-off of the internal road system.  MoTI setback requirements to be followed as per Section 12 of the Provincial Undertakings Regulation.

Emily Lynch Assistant Development Officer Fort George District

Northern Health Authority: I have reviewed the land use application for Lot 4, District Lot 5702, and Cariboo District Plan 17937 requesting a second SFR to be established on the subject property. Northern Health has no objections regarding the proposed bylaw amendment.

Any wastewater and sewage from the dwellings on this site must be disposed of in an adequate wastewater treatment system as described in the Sewerage System Regulation and its supporting documents (Standard Practice Manual). Upgrading or installation of a sewerage system will require the submission of a sewage filing and letter of certification completed by an authorized person (Registered Onsite Wastewater Practitioner or a professional).

If the proponent decides to share the existing well with the second single family residence, they must comply with the Drinking Water Protection Act and the Regulations pursuant to it. This statute defines a water supply system as any domestic water system which serves two or more single family residences. In this regard, an application to Northern Health for a construction permit and an operating permit would be required

Sharlene Lively, CPHI(c) Environmental Health Officer

Telus: I have reviewed the attached file and determined that TELUS has no objection to this proposal. Please feel free to contact us for any questions or if you require additional information. Wayne Hornak A.Sc.T. Outside Plant Engineering and Construction

BC Hydro: BC Hydro has no objection to the proposed OCP and Zoning Amendment. Vani Campbell Property Coordinator, Property Rights Services

Agriculture Land Commission: Attached to Backgrounder.

Agricultural Land Commission 201 – 4940 Canada Way Burnaby, British Columbia V5G 4K6 Tel: 604 660-7000 | Fax: 604 660-7033 www.alc.gov.bc.ca

October 19, 2020 Reply to the attention of Sara Huber ALC Issue: 51927 Local Government File: REZ5702/PGP17937/4 Daniel Burke Planner 1, Regional District of Fraser Fort George [email protected]

Delivered Electronically

Re: Regional District of Fraser Fort George OCP and Zoning Amendment Application REZ5702/PGP17937/4

Thank you for forwarding a draft copy of Regional District of Fraser Fort George (RDFFG) Official Community Plan (OCP) and Zoning Amendment Application REZ5702/PGP/17937/4 (the “Application”) for review and comment by the Agricultural Land Commission (ALC). The following comments are provided to help ensure that the Application is consistent with the purposes of the ALC Act (ALC Act), the Agricultural Land Reserve (ALR) General Regulation, (the “ALR General Regulation”), the ALR Use Regulation (the “ALR Use Regulation”), and any decisions of the ALC.

Current Proposal:

The Application proposes to amend the Rural Residential (RR) designation of the Robson Valley-Canoe Upstream OCP designation to support the establishment of two single-family residences on parcels of 1.6 ha or larger, subject to evaluation through a rezoning process and provided the parcel is able to handle on-site sewage disposal. The Application also proposes a site-specific text amendment to the Country Residential 1 (CR1) zone to allow two single-family residences. The purpose of the Application is to facilitate the construction of an additional single-family residence on the property identified as 2845 Mclennan Road; PID: 011-122-315 (the “Property”).

ALC File History:

In 1978, the ALC initiated an ALR boundary review of lower capability lands in the Valemont- Tete Jaune and Robson Valley areas, including the Property, to determine lands suitable for exclusion or inclusion from the ALR (Application 18685). By Resolution #8067/1978 the ALC suggested that the revised ALR boundary be forwarded to the RDFFG for comments prior to a public hearing.

In 1980, the ALC received the submission from RDFFG regarding the boundary review. Based on those comments, the ALC eliminated some lands for consideration and passed Resolution #1101/1980 to proceed to a public hearing with the remaining lands.

Subsequently, the ALC recommended to the Lieutenant-Governor in Council that the application for exclusion and inclusion be approved (Resolution #2153/1980). The Property was excluded from the ALR at this time.

Page 1 of 2

ALC File: 51927

ALC Staff Comments:

The Property is not within the ALR, nor is adjacent to the ALR. For this reason, ALC staff has no objection to the Application.

*****

The ALC strives to provide a detailed response to all bylaw referrals affecting the ALR; however, you are advised that the lack of a specific response by the ALC to any draft bylaw provisions cannot in any way be construed as confirmation regarding the consistency of the submission with the ALCA, the Regulations, or any Orders of the Commission.

This response does not relieve the owner or occupier of the responsibility to comply with applicable Acts, regulations, bylaws of the local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment.

If you have any questions about the above comments, please contact the undersigned at - or by e-mail ([email protected]).

Yours truly,

PROVINCIAL AGRICULTURAL LAND COMMISSION

Sara Huber, Regional Planner

Enclosure: Referral of RDFFG REZ5702

CC: Ministry of Agriculture – Attention: Kevin Murphy

51927m1

Page 2 of 2 Report to Regional Board Page 8

APPENDIX ‘A’

The consultation plan below identifies the form of consultation opportunity to fulfill the requirements of the Local Government Act with regards to Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290, Amendment Bylaw No. 3202, 2020.

R = consultation already initiated through written referral correspondence and ongoing as applicable. The written referral is a concise description of the proposal along with a request for written comment.

C = consultation to be undertaken through written referral request for comment.

R Building Inspection First Nations: R BC Hydro R Lheidli T’enneh R Telus R Neskonlith Indian Band R Northern Health Authority R Qwelmint Secwepemc R Ministry of Forests, Lands and Natural Resource R Simpcw First Nation Operations (MFLNRO) – Crown Land R Little Shuswap Lake Band R Ministry of Transportation and Infrastructure ☐ Other (specify):______

C RDFFG Environmental Services C RDFFG Financial Services

School District Boards, greater boards and Other agencies: Improvement District Boards: ☐ FortisBC ☐ Pipeline Utility (specify): Enbridge C School District No. 57 R Volunteer Fire Department: Valemount ☐ Pineview Improvement District ☐ Farmers’ Institute: ☐ Buckhorn Improvement District ☐ Cattlemen’s Association: ☐ Bear Lake Community Commission ☐ Other (specify):______

Provincial and Federal Governments and their Adjacent Regional Districts and Municipalities: agencies: ☐ City of Prince George C Ministry of Agriculture ☐ Village of McBride R Agricultural Land Commission R Village of Valemount ☐ Ministry of Energy and Mines ☐ District of Mackenzie ☐ MFLNRO – Landbase Stewardship ☐ Bulkley-Nechako Regional District ☐ MFLNRORD – Water Stewardship ☐ Thompson-Nicola Regional District ☐ Ministry of Environment – Environmental Protection ☐ Cariboo Regional District ☐ Department of Fisheries and Oceans ☐ Peace River Regional District ☐ Canadian National Railway ☐ Other (specify):______☐ Other (specify): Public Consultation Opportunity

☒ Mail out request for written comment: Notice of invitation to provide written comment will be mailed to all owners of land within 200 m of the subject parcel.

☒ Notification of Application Sign – Notification of Application sign to be placed in the vicinity of the area 14 days prior to the deadline for written comment.

☒ Post notice to RDFFG website and bulletin board: Notice of invitation to comment will be posted to the website and bulletin board.

☒ Other (specify):Notice of invitation to provide written comment published in one issue of a newspaper at least 14 days before the close of the public consultation opportunity.

REGIONAL DISTRICT of Fraser-Fort George

BYLAW NO. 3202

A BYLAW TO AMEND ROBSON VALLEY-CANOE UPSTREAM OFFICIAL COMMUNITY PLAN BYLAW NO. 2290

WHEREAS pursuant to the Local Government Act, the Regional Board of the Regional District of Fraser- Fort George has, by Bylaw No. 2290, dated March 22, 2007 adopted Robson Valley-Canoe Upstream Official Community Plan;

AND WHEREAS the Regional Board intends to amend aforesaid Bylaw No. 2290 by passage of this bylaw, pursuant to the requirements of the Local Government Act;

NOW THEREFORE the Board of Directors of the Regional District of Fraser-Fort George, in open meeting assembled, enacts as follows:

1. Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290 is hereby amended as shown on Appendix ‘A’ attached to and forming part of this bylaw.

2. This bylaw may be cited for all purposes as “Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290, Amendment Bylaw No. 3202, 2020.”

READ A FIRST TIME ON THE DAY OF , 2020

PUBLIC CONSULTATION IN RESPECT OF THIS BYLAW WAS STARTED ON THE DAY OF , 2020

READ A SECOND TIME ON THE DAY OF , 2020

A PUBLIC HEARING ON THIS BYLAW WAS HELD ON THE DAY OF , 2020

READ A THIRD TIME ON THE DAY OF , 2020

ADOPTED THIS DAY OF , 2020

______Chair

______General Manager of Legislative and Corporate Services

BYLAW NO. 3202, 2020 PAGE 2

APPENDIX ‘A’

1. Schedule ‘A’ to Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 2290 is hereby amended by deleting Section 3.3 in its entirety and replacing with the following:

3.3 Housing

Provisions for housing, including affordable housing and rental housing, are addressed through the following provisions:

a) Generally, residential use shall be limited to one residence per parcel unless otherwise stated below or in the designations section.

b) Notwithstanding the policy to limit residential use to one residence per parcel, additional residences may be permitted as follows subject to evaluation through a rezoning process where necessary, provided the property is able to accommodate approved sewage disposal for all residences, and subject to the requirements and approval processes of the Agricultural Land Commission Act and Agricultural Land Reserve Regulations:

i) One additional residence may be permitted on parcels in the Rural Residential (RR) designation that are 1.6 ha or larger.

ii) One additional residence may be permitted on parcels in all designations other than RR that are 2 ha or larger and are not within the Agricultural Land Reserve.

iii) One additional residence may be permitted on parcels in all designations other than RR that are 4 ha or larger and are within the Agricultural Land Reserve.

iv) More than two residences may be permitted in all designations on a parcel that is not within the Agricultural Land Reserve based on a maximum density of one dwelling per 4 ha of the parcel.

c) A portion of a residence may be used for a secondary suite provided it does not occupy more than forty percent of the total floor space of the principal residence, the parcel can accommodate approved sewage disposal, meet applicable BC Building Code requirements and be zoned appropriately.

d) Generally, both conventional houses and manufactured homes are permitted in most area of the Plan, however there may be some restrictions, applied through zoning, based on the needs of local communities.

e) Generally, housing in the rural area is available for either owner or tenant occupancy, subject to the policies in this section.

REGIONAL DISTRICT of Fraser-Fort George

BYLAW NO. 3203

A BYLAW TO AMEND REGIONAL DISTRICT OF FRASER-FORT GEORGE ZONING BYLAW NO. 2892

WHEREAS the Regional Board of the Regional District of Fraser-Fort George has adopted Regional District of Fraser-Fort George Zoning Bylaw No. 2892;

AND WHEREAS the Regional Board intends to amend aforesaid Bylaw No. 2892 by passage of this bylaw, pursuant to the requirements of the Local Government Act;

NOW THEREFORE the Board of Directors of the Regional District of Fraser-Fort George, in open meeting assembled, enacts as follows:

1. Regional District of Fraser-Fort George Zoning Bylaw No. 2892 is hereby amended at Schedule ‘A’- Section 27.0(9) with the addition of the following:

(c) Notwithstanding ss. 27.0(5)(b), two Residential-Single Family uses and one Secondary Suite use are permitted on Lot 4 District Lot 5702 Cariboo District Plan 17937

2. This bylaw may be cited for all purposes as “Zoning Bylaw No. 2892, Amendment Bylaw No. 3203, 2020”.