BOARD REPORT - Columbia Shuswap Regional District

Transcription

PLBL3
BOARD REPORT
No:
TO:
Ghair and Directors
File
FROM:
Dan Passmore
Senior Planner
Date:
SUBJEGT:
South Shuswap OfficialCommunity Plan Amendment (Dan Baskill)
Bylaw No.700-65
South Shuswap Zoning Amendment (Dan Baskill) Bylaw No. 701-65
Lakes Zoning Amendment (Dan Baskill) Bylaw 900-2
RECOMMENDATION:
THAT:
Board direction be sought in view of public hearing results and the
content of this report.
APPROVED for Board Gonsideration:
Meeting Date: January
16,2014
BL 700-65
BL 701-65
BL 900-2
January 2,2014
/4
Charles Hamilton, CAO
SHORT SUMMARY:
This application is for an Official Community Plan amendment to redesignate Lot A, Section 17,
Township 22, Range 10, W6M, KDYD, Plan 14713 and that portion of Strata Lot C, Section 17,
Township 22, Range 10, W6M, KDYD, Plan KAS3359 lying north of Blind Bay Road from SFR Single
Family Residentialto TCOM Tourist Commercial and to redesignate the foreshore adjacent to DL 1gg9
from FS Foreshore to WFCOM Waterfront Commercial.
The owners have also applied to rezone Strata Lots A, B, and that portion of Lot C, Section 17,
Township 22, Range 10, W6M, KDYD, Plan l(4S3359 lying south of Blind Bay Road from C5 Tourist
Commercial to CDC 4 Comprehensive Development 4 and rezone Lot A, Section 17, Township 22,
Range 10, W6M, KDYD, Plan 14713 and that portion of Strata Lot C, Section 17, Township 22,
Range 10, W6M, KDYD, Plan KAS3359 lying north of Blind Bay Road from RR1 Rural Residentialto
CDC 4 Comprehensive Development 4. The new CDC 4 Zone would be unique to these properties
and legitimize existing uses while províding the opportunity for a strata subdivision of resort lots for
seasonal or temporary accommodation.
The rezoning bylaw, as given second reading allowed single family dwellings as a permitted use
within Development Areas 2 and 3; this was inconsistent with the proposed OCP re-designation to
TCOM. For this reason staff amended the bylaw which was subsequently given second reading, as
amended.
The application also proposes text and mapping amendments to the Lakes Zoning Bylaw No. g00 by
rezoning the foreshore adjacent to DL 1999 from FR1 to FC3 and increasing the number of permitted
berths in FC3 from 55 to 70 for this specific development proposal.
Page 1 of 18
Board Report
January 16,2014
BL 700-65. BL 701-65 & BL 900-2
Bylaw No. 700-65 and Bylaw No. 900-2 were given second readings on September 12,2013, but a
public hearing was not delegated, subject to the owner fulfilling 3 conditions. The Board considered
documentation submitted by the owner to fulfill these conditions at the November 14tn,2013 regular
meeting where Bylaw No. 701-65 was given second reading, as amended and delegated a Public
Hearing. A Public Hearing was held Thursday December 5,2013 in the Cedar Centre in Blind Bay.
It is now appropriate for the Board to consider the results of the public hearing and referral
comments, and to provide direction to staff as to how to proceed with Bylaw No. 700-65, Bylaw No.
701-65 and Bylaw No. 900-2.
VOTING:
Unweighted
Corporate
n
Weighted Corporate
n
Stakeholder
n
(Weighted)
26
LGA Part
(Unweighted)
ø
BACKGROUND:
PROPERry
OWNERS:
Jaydan Ventures
Jill Fischer
Crown (Lease of DL 1999)
AREA:
'C' (Blind Bay)
CIVIC ADDRESSES: 2673,2695,2698, and 2704 Blind Bay Road
ELECTORAL
LEGAL
DESCRIPTION:
SIZE OF
PROPERTIES:
1. Strata Lot A, Sec 17, Twp 22, Rge 10, W6M, KDYD, Plan KAS3359
2. Strata Lot B, Sec 17, Twp 22, Rge 10, W6M, KDYD, Plan KAS3359
3. Strata Lot C, Sec 17, Twp 22, Rge 10, WOM, KDYD, Plan KAS3359
4. Lot A, Sec 17, Twp 22, Rge 10, W6M, KDYD, Plan 14713
5. District Lot 1999 and adjacent areas for proposed commercial
moorage expansion
1. 1.02ha (2.25 ac)
2.2.10 ha (5.18 ac)
3. 1.55 ha (3.82 ac)
4. 0.238 ha (0.59 ac)
5. 0.324 ha (0.80 ac)
SURROUNDING LAND
PATTERN:
USE
NORTH: Residential/Shuswap Lake
SOUTH: Residential
EAST: Balmoral Road/Residential/Commercial
WEST: Residential
EXISTING
OCP DESIGNATION: 1. TCOM Tourist Commercial
2. TCOM Tourist Commercial
3. TCOM Tourist Commercial/SFR Single Family Residential
4. SFR Single Family Residential
5. WFCOM Waterfront Commercial
Page 2 of 18
Board Report
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
PROPOSED OCP
DESIGNATION:
EXISTING
ZONING:
PROPOSED
CURRENT
ZONING:
USES:
PROPOSED
USES:
5. WFCOM Waterfront Commercial
C5-Tourist Commercial
C5-Tourist Commercial
C5-Tourist Commercial/ RR1-Rural Residential
RR1 -Rural Residential
5. FC3-Foreshore Commercial 3/FR1-Foreshore Residential
Zoning Bylaw No. 900
1.
2.
3.
4.
- Lakes
1. CDC 4 Comprehensive Development4Zone
2. CDC 4 Comprehensive Development 4 Zone
5. FC3-Foreshore Commercial 3 - Lakes Zoning Bylaw No. 900
1. Retail Store, Campground, Upper Floor Dwelling Unit, Sales Office
2. Shared lnterest Resort Residential Spaces
3. Campground, Storage, Accessory Commercial Uses
4. Residential
5. Commercial Moorage
1. Retail Store, Campground, Commercial Lodging, Upper Floor
Dwelling Units, Sales Office
2. Strata Resort Residential Spaces and seasonal modular buildings
and community park
S.Commercial Moorage
The Board gave first reading to Bylaw No. 700-65, Bylaw No. 701-65 and Bylaw No. 900-2 at the
March 21, 2013 regular meeting, and directed staff to follow a complex consultation process. The
bylaws were then fonruarded to the following list of agencies and first nations:
o Area'C' Advisory Planning Commission;
¡
Ministry of Transportation and lnfrastructure;
.
Adams Lake lndian Band;
. lnterior Health;
¡ Ministry of Environment;
. Ministry of Forests, Land and Natural Resources Operations- Lands Branch;
. Ministry of Forests, Land and Natural Resources Operations- Archaeology Branch;
. CSRD Environment and Engineering Services;
o CSRD Parks and Recreation;
. School District #83;
o Little Shuswap lndian Band; and,
Page 3 of 18
Board
.
Report
BL 700-65, BL 701-65 & BL
900-2
January 16, 2014
Neskonlith lndian Band
Additionally, a notice of development sign was posted on the property and a public meeting was held
by the applicant at the Blind Bay Resort Recreation Room, on August 22,2013 to inform the public
about the application and accept feedback. There were 47 people in attendance and many of the
questions were about the Commercial moorage and the foreshore use proposals.
Specific concerns were voiced regarding; sewage from the foreshore portion, speed limits along
Blind Bay Road, blend of public/private uses, year round vs. seasonal residential use, handicap
accessibility to the dock, strata council and control of lease and common properties and public
portions, widening of Blind Bay Road, boat traffic in Blind Bay and conflict with swimmers, the
pedestrian underpass proposal, and public access to the public portions of the proposal. The Board
gave second readings to the bylaws on September 12,2013.
The rezoning bylaw, as given second reading, allowed single family dwellings as a permitted use
within Development Areas 2 and 3, which was inconsistent with the proposed OCP re-designation to
TCOM. Staff amended the bylaw, which was subsequently given second reading, as amended.
The application also proposes text and mapping amendments to the Lakes Zoning Bylaw No. 900 by
rezoning the foreshore adjacent to DL 1999 from FR1 to FC3 and increasing the number of permitted
berths in FC3 from 55 to 70 for this specific development proposal.
Bylaw No. 700-65 and Bylaw No. 900-2 were given second readings on September 12,2013, but a
public hearing was not delegated, subject to the owner fulfilling 3 conditions, as follows:
1.
2.
3.
That the Provincial Comptroller of Water Rights has issued Shuswap Lake Utilities Ltd. an
amendment to the Certificate of Public Convenience and Necessity (CPCN);
That the Ministry of Environment has issued an amendment to License RE-18294, under the
Municipal Sewage Regulation to accommodate the increase in density proposed for this
development; and,
That the Ministry of Transportation and lnfrastructure has approved the proposed pedestrian
underpass under Blind Bay Road.
The Board considered documentation submitted by the owner to fulfill these conditions at the
November 14n,2013 regular meeting and gave Bylaw No. 701-65 second reading, as amended and
delegated a Public Hearing. The Public Hearing was held Thursday December 5,2013 in the Cedar
Centre in Blind Bay.
After the Public Hearing, the applicant published an advertisement in the Shuswap Market News on
Friday December 20, 2013. Staff have reviewed the advertisement and consider its content as not
providing any additional information to the Board. The material in the ad simply addresses issues that
were raised by the public, both at the Public Hearing and in the correspondence received from the
public as input to the process.
Page 4 of 18
Board Report
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
POLICY:
South Shuswap Official Gommunitv Plan Bvlaw No. 700
Part I - Guiding Principles for Gommunity Development
This section of the OCP gives the following principles to be considered;
Principle #1
Respect the Natural Environment
The South Shuswap area has high environmental and natural amenity values, of local and provincial
significance, focusing both on Shuswap Lake (lake water quality) and the upland areas where the
settlements are located (especially the natural tree cover). These environmental values contribute
significantly to the quality of life enjoyed by residents, and to the local tourism economy.
Recognizing that inappropriate development activity can threaten and jeopardize these values (eg.
lake water quality), a fundamental goal is to manage development so as to avoid detrimental impacts
on the natural environment. ln so doing, this Plan subscribes to the principles of sustainable
development
that is, accommodation of development without destroying the environment.
-
Principle #2
Community Character
- Reinforcethe
Residents appreciate
small neighbourhood, country character of the existing residential
communities. The quality of life they enjoy is linked to the amount, type and density of existing
development, as well as the level of services provided. ln order to reinforce the positive aspects of
these existing communities, a goal of this Plan is to avoid inappropriate developments which might
compromise their integrity
eg. Wrong density or location of new development.
-
Principle #3
Provide for New Development, But Protect the Public lnterest
This Plan recognizes the private rights of land owners to use their property, and is intended to avoid
obstacles which might frustrate the legitimate development aspirations of land owners
this is not a
no-growth plan. There is, however, a public interest to protect. lnappropriate development on
private property can have significant spill-over effects such as detrimental impacts on neighbouring
properties or on the area's environment.
-
-
4.4 Areas Subject to Hazardous Gonditions, Environmentally Sensitive Areas and Foreshore
Areas
The foreshore portion of the development proposal is subject to policy 4.4.3, as follows;
4.4.3The foreshore areas of Shuswap Lake, extending 200 metres into the lake from the high water
mark along the entire shoreline of the Plan area, are designated Foreshore on the Land Use Map.
Within the designated Foreshore area:
o
o
o
Water based uses will be predominantly recreational in character, including swimming, boating,
fishing and beach activities, with no industrial uses such as log booming or loading allowed
Structures such as wharves or buildings requiring pilings or earth fill will be very limited and
subject to approval by the relevant Federal and Provincial Agencies, in consideration of the high
value fisheries habitat and environmental sensitivity of the foreshore areas
Foreshore uses must be related to and compatible with adjacent upland uses, including
consideration of such factors as vehícle and pedestrian access to the lakeshore, adequate
parking and storage, as well as handling of sewage treatment and disposal
Page 5 of 18
Board Report
.
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
The Ministry of Environment, Lands and Parks, in carrying out reviews of foreshore tenure
applications, is encouraged to take the above factors into consideration, with emphasis on the
environmental sensitivity of the foreshore areas, as well as ensuring an appropriate relationship
with upland uses
.
Government agencies, with mandates of responsibility for protecting the environmental integrity
of Shuswap Lake, are encouraged to carry out scientific research and water quality testing to
determine whether the quality of lake water near the shoreline is deteriorating, and if it is, to
determine the cause(s) of the deterioration and take steps toward correcting the situation.
TGOM-Tou rist Gommercial
This designation provides for a range of tourist oriented uses. These could include facilities such as
tourist accommodation (hotels, motels), food and beverage services, commercial recreation
businesses as well as convenience stores. The TCOM designation does not contemplate residential
use.
SFR-Single Family Residential
This designation provides for small lot residential developments comprised of single family dwellings
on individual parcels, or on parcels created through bareland strata title subdivision. The Single
Family Residential designation applies to extensive existing residential developments in Sorrento,
Blind Bay, Cedar Heights, Shuswap Lake Estates, Reedman Point, Eagle Bay and Wild Rose Bay.
The SFR designated properties are proposed to be rezoned to TCOM.
WFCOM -Waterfront Com mercial
The Waterfront Commercial designation is intended to provide for tourist oriented commercial
development on the waterfront of Shuswap Lake. These uses could include commercial commercial
moorages, boat docking facilities, food and beverage establishments and tourist accommodation.
Bylaw No. 700, Section 4.6.5 contains the following information related to Waterfront Commercial:
to demonstrate consideration for the
environmental sensitivity of the waterfront area, including sewage effluent treatment and disposal, to
meet the requirements of the Ministry of Environment, Lands and Parks, as well as the Ministry of
Health. Additional considerations include provision of public access to the lakeshore, and
compatibility with the form and character of nearby land uses."
"New Waterfront Commercial development will have
An expansion of the WFCOM designation would be required on the foreshore to accommodate the
proposed commercial moorage expansion.
ElectoralArea'G'Official Gommunitv Plan Bvlaw No. 725
The new Official Community Plan (OCP) Bylaw for the South Shuswap received third reading at the
September 12, 2013 regular Board meeting. From there it was sent to the Minister of Community,
Sport and Cultural Development (MCSCD) for approval. Once it has received MCSCD approval, the
new OCP will be brought back to the Board for consideration of adoption. lt is not known at which
future regular Board meeting this will happen. Should the new OCP bylaw be adopted prior to the
adoption of Bylaw No. 700-65 and 701-65, these bylaws may not continue, and a new OCP
amendment bylaw to amend Bylaw No. 725 will need to be considered by the Board.
Page 6 of 18
Board
Report
BL 700-65, BL 701-65 & BL
900-2
January 16,2014
It is important to note that the new OCP is proposing to designate Lots A and B - RT Residential
Resort, and Lot C - RR Rural Residential. Policies within the proposed new OCP generally
discourage development of foreshore properties and specifically discourages new Residential Resort
development, new Waterfront Commercial development and Waterfront development generally. lf an
amendment to the new OCP is required, the amendment and rezoning would be contrary to the new
OCP, and therefore likely would not receive the support of staff.
South Shuswap Zoninq Bvlaw No. 701
Existing G5-Tourist Gommerci al Zone
The purpose of the C5 zone is to recognize the importance of tourism in providing a range of touristorientated uses. The C5 zone permits the following uses: commercial lodging, restaurant, outdoor
recreation facility, indoor recreation facility, campground, convenience store, bakery, post office,
gasoline/vehicle fuel sales, craft and gift shop, personal services establishment, neighbourhood pub,
gallery or studio, police station, ambulance station, accessory upper floor dwelling units with or without
sewer, single family dwelling for caretaker of property, and accessory use.
Existing RR1 -Rural Residential Zone
The purpose of the RR1 zone is to accommodate rural, low density, single family residential uses.
The permitted uses include single family dwelling, bed and breakfast, home busrness and accessory
use. One single family dwelling is permitted per parcel. One coftage is permitted on parcels greater
than 4000 m'(0.99 ac). The minimum parcel size for subdivision is t ha (2.47 ac).
Proposed CDC 4 Gomprehensive Development 4 Zone
The CDC 4 Zone would be a unique zone that would only apply to the subject properties. The
purpose of the CDC 4 Zone is to provide for a mix of residential, resort residential and commercial
uses. Five Development Areas are proposed as follows:
Development Area I
Permitted Uses
.1
.2
.3
.4
.5
.6
.7
.8
.9
.10
.11
.12
.13
.14
.15
restaurant;
outdoor recreation facility;
campground;
convenience store:
bakery;
post office;
craft and gift shop;
personalserviceestablishment;
gallery or studio (but not including television, music or radio studios);
police station;
ambulance station;
motel;
accessory upper floor dwelling units;
single family dwelling for caretaker of the property; and,
accessory use.
Page 7 of 18
Board Re
BL 700-65, BL 701-65 & BL 900-2
Janu
16,2014
Regulations
.1
COLUMN I
MATTER TO BE REGULATED
Minimum Parcel Size for New
Subdivisions:
Where a parcel is served by
both a community water system
and a community sewer system
ln all other cases
Maximum Number of motel sleeping
units permitted in Area 1
ln all other cases
Maximum Number of Upper storey
dwelling units permitted in Area 1
ln all other cases
Maximum Number of Single Family
Dwellinqs per parcel
Maximum height for:
o Principal buildings and structures
¡ Accessory buildinqs
Minimum Setback from:
front parcel line
exterior side parcel line
interior side parcel line
rear parcel line
Maximum Coveraqe
coLUmN il
REGULATIONS
.
.2
2,000 m2
o
tha
¡
.3
24
.
I
.
.4
.5
.6
.7
.
o
o
o
.
I
a
1
1.5 m (37.73 ft.)
a
6
(t9.69 ft.)
r
5m
4.5 m
2m
5m
40o/o
Page
I
of 18
BL 700-65, BL 701-65 & BL 900-2
16,2014
Development Area 2
Permitted Uses
.1
.2
.3
seasonal modular building;
resort residential space; and,
accessory use.
Regulations
.1
COLUMN I
Subdivisions:
ln all other cases
Maximum Number of Seasonal
Modular Buildings or Resort
Residential Spaces permitted in
Development Area 2
ln all other cases
Maximum Number of Resort
Residential Spaces or Seasonal
Modular Buildinqs Per Parcel
Maximum height for buildings and
structures
front parcel line
COLUMN II
REGULATIONS
o
.2
.
¡
.3
.4
.5
.7
.
o
¡
o
6 m (19.69 ft.
3m
3m
1m
3m
Maximum Floor Area for Seasonal
Page 9 of 18
Board Report
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
Development Area 3
Permitted Uses
.1
.2
,3
accessory use.
Regulations
COLUIUIN I
.1
Subdivisions:
ln all other cases
Development Area 3
ln all other cases
structures
front parcel line
rear parcel line
Maximum Coveraoe
Modular Buildinos
coLulìíN il
REGULATIONS
¡
.2
.
290 m2
tha
.
.3
.4
.5
.6
.7
29
1
.
o
.
¡
.
1
6 m (19.69 ft,)
3m
3m
1m
3m
40o/o
80
m2
Page 10 of 18
Board
Report
BL 700-q5, BL 701-65 & BL
900-2
January 16,2014
Development Area 4
Permitted Uses
.1
.2
.3
.4
public utility;
passive recreation;
open space, and;
accessory use.
Regulations
.1
.2
.3
COLUMN I
Subdivisions:
Maximum height for:
o buildinqs and structures
front parcel line
rear parcel line
COLUMN II
REGULATIONS
2.000
.
o
¡
¡
.
m2
6m(19.69ft.)
5m
4.5 m
2m
5m
Development Area 5
Permitted Uses
.1
.2
.3
passive recreation;
open space; and,
accessory use.
Regulations
.1
.2
.3
COLUMN I
Subdivisions:
Maximum height for:
. buildings and structures
front parcel line
rear parcel line
o
o
o
.
COLUMN ¡I
REGULATIONS
2.000
.
m2
6m(19.69ft.)
5m
4.5 m
2m
5m
Page 11 of 18
Board Report
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
Lakes Zonins Bvlaw No. 900
FC3 - Foreshore Gommercial 3 Zone
The FC3 - Foreshore Commercial 3 zone recognizes the existing commercial moorage facility, and
permits boat rentals, boat launch, and provides for a maximum number of 55 berths for this specific
development. The FC3 zone does not permit a marina use, and so fuel sales would not be permitted.
A mapping amendment is proposed to expand the FC3 zone to coincide with an expanded Crown
lease area under review by the Province. A text amendment specific to this development in the FC3
zone is proposed to increase the maximum number of berths frorn 55 to 70.
FINANGIAL:
Consideration of the proposed bylaws represents no financial obligations to the CSRD. The
applicant's proposal to dedicate parkland to the CSRD associated with the future subdivision, if the
bylaws have been adopted, will involve future capital expenses to develop the park area for public
use,
Consideration of the proposed bylaws is partially the result of bylaw enforcement action. lf the Board
does not adopt the bylaws, the Board may then wish to direct staff to seek a legal opinion regarding
possible court action. Costs for the legal opinion and possible court action, although partially
recoverable through Court, could nonetheless be substantial. Staff involvement in legal action is not
recoverable.
KEY ISSUES/GONCEPTS:
Water Supply
Water is proposed to be provided from the existing Shuswap Lake Estates utility. An amendment to
the Certificate of Public Convenience and Necessity (CPCN) issued by the Provincial Comptroller of
Water Rights will be required in order to connect to the existing utility.
The applicant has provided a letter from Mr. Al Aderichin, Head Utility Engineering, Utility Regulation
Section of the Ministry of Forests Lands and Natural Resource Operations (MFLNRO). Also provided
is a letter from Mr. Jack Barker of Shuswap Lake Utilities Ltd. Both letters affirm that water servicing
adequate for the proposed development will be provided, subject to compliance with technical
requirements.
Staff is recommending that these letters will suffice to indicate water servicing in respect to the
various OCP policies regarding servicing in Section 4.10 lnfrastructure Services and in regard to the
rezoning application.
Sewer
Sewage service is proposed to be provided from an existing sewage disposal system that is located in
Development Area 4. The disposal field is designed by Jeff Oland, P. Eng. for a total sewage flow of
47m3 per day. The system has been registered in accordance with the Municipal Sewage Regulation
through MOE and that will need to be amended due to the proposed increase in density.
The applicant has provided a letter and a report from M.E. Giegerich, P. Eng. confirming that the
original design for the sewage treatment facility and existing operating parameters indicate that the
facility will be capable of supporting the full build out of the project.
Page 12 of 18
BL 700-65. BL 701-65 & BL 900-2
Access
Blind Bay Road splits the property; a portion of Lot C is located between Blind Bay Road and Shuswap
Lake. Access to the properties would be from Blind Bay Road and internal strata roads to access
individual resort spaces. Public access is proposed to Shuswap Lake and the commercial moorage
from current Strata Lots A, B and C. The applicant is proposing that this access would be immediately
adjacent to the unconstructed KOA Road access, on the east boundary of the foreshore portion of
Strata Lot C.
The applicant has been in discussions with Ministry of Transportation and lnfrastructure (MoT)
regarding the construction of an underpass below Blind Bay Road. Staff recommended that
confirmation of the necessary approvals from MoT for the underpass be in place prior to the public
hearing.
Ïhe applicant has supplied a letter indicating that he will be pursuing this matter directly with MoT and
that he will forego the underpass, as a factor in the development of the property. As a result any
pedestrian crossing will be subject to the regulations of MoT. The public expressed concerns regarding
increased traffic and the potential for vehicle/pedestrian conflict along Blind Bay Road.
Environment
Valhalla Consulting lnc. has provided an assessment on the impact the development may have on
ecosystems and biological diversity. This information was available for the public to view prior to and at
the public hearing. The public expressed Goncerns regarding the water quality in Blind Bay as a result
of the increased commercial moorage size and uses allowed within the commercial moorage definition
in Lakes Zoning Bylaw No. 900. A number of concerns were expressed regarding this important
drinking water source.
Riparian Areas Regulation
A Riparian Areas Assessment Report (RAAR) was completed and filed and accepted by the Provincial
Riparian Area Assessment Notification System (RAARNS). The assessment was conducted by
Valhalla Consulting lnc. The QEP, Mark Piorecky, RPBio, identified a 30m SPEA from Shuswap Lake.
Current development within the SPEA include a manicured lawn, a gravelwalkway, a gravel pad with a
playground, a shed, and a large fibreglass floating dock held in place by steel pilings, The report
details a number of rehabilitation and compensatory actions that the developer must incorporate into
the development. The RAAR was available to the public to view prior to and at the public hearing.
Foreshore
An expanded commercial moorage facility to 70 slips is proposed, including a raised walkway and
extending the commercial moorage into deeper water. The new boardwalk/dock is envisioned to serve
both the general public and resort owners/guests. Wooden piles have been replaced by steel piles and
new floats have been installed. ARC Environmental prepared a letter dated May 15,2007 addressing
the impact the commercial moorage will have on fish habitat. This letter together with a plan showing
the proposed new dock expansion was available to the public to view prior to and at the public hearing.
The public expressed concerns regarding the dock expansion. One concern was regarding the range
of uses allowed within Lakes Zoning Bylaw No. 900, and the fact that this could include houseboats
and may include a fuelling facility.
Archaeological lmpact Assessment
The applicant has hired Antiquus Archaeological Consultants Ltd. to conduct an Archaeological lmpact
Assessment (AlA) on the site. The Ministry of Forests Lands and Natural Resource Operations
(MFLNRO) Archaeology Branch has approved a Section 14 Site lnvestigation Permit. The work was
conducted August 13, 2013 and the results have been included in an AIA report, dated August 23,
Page 13 of 18
BL 700-65, BL 701-65 & BL 900-2
2Q13, by Antiquus Archaeological Consulting. The report itemizes the minor artefacts found at the site
and recommends an area for encapsulation, to protect the archaeological area. The AIA Report was
available to the public to view prior to and at the public hearing.
Proposed Park Arca
ln addition to public access along the east side of the foreshore property, north of Blind Bay Road,
along KOA road, the applicant has recently proposed a beachfront park location accessed by a public
parking area off Blind Bay Road with a public walkway to the beach. The applicant has made this
amendment to satisfy the Local Government Act, Section 941 parkland dedication requirements
associated with a proposed subdivision to create bare land strata lots for each of the proposed RV
spaces. Future plans to develop the park area will need to factor in the results of the RAAR and the
AIA.
Foreshore Land Use - OCP Bylaw No. 700
The application to re-designate from SFR to TCOM for the foreshore portion of the development and
the current designation of TCOM on the remainder of the site created some inconsistencies between
the proposed CDC4 zone permitted uses and the proposed overall TCOM designation. The TCOM
designation does not contemplate residential use, while proposed DA's 2, and 3 as initially drafted
had proposed single family dwelling use. The TCOM designation does contemplate broadening the
range of uses on a site specific basis, but only does so where there is an existing pattern of use.
Development Services staff advised the owner that residential use of the site is not currently permitted,
and in consolation with the owner have edited the proposed amendment to the zoning bylaw to
address this inconsistency.
Policy 4.6.5 describes some of the pre-conditions necessary to support re-designation to the WFCOM
designation. The applicant has adequately addressed the servicing of the site, eñvironmental concerns,
and has provided information with regard to parkland dedication providing public access to the
foreshore. However, the applicant has failed to address the issue of compatibility with the form and
character of neighbouring land uses, in regard to the foreshore portion proposed to be re-designated.
2 residential lots, currently only capable of being
developed with single family dwellings; replaced by 19 bare land strata lots, each capable of supporting
an RV, a park model, or a modular building, in addition to a common use beach passive recreational
area, and some public use area. To either side of the foreshore portion are single family dwellings. The
proposed development of Park Models, Modular buildings and RV sites for seasonal or temporary
accommodation into this existing development pattern on the north side of Blind Bay Road is not
compatible from either a land use perspective, in terms of the number of lots (at a very high density), or
a form and character perspective, in terms of the type of units permitted.
The foreshore development proposal will see
OGP Bylaw No.725
As previously mentioned, the proposal involves the development of the foreshore portion of the subject
properties into 19 strata-titled lots, proposed to be used for RVs, Park Models, or Modular Buildings.
The proposed re-designation to accommodate this proposed development is not supported in Bylaw
No. 725 under any circumstances. Should the new OCP bylaw be adopted prior to adoption of these
bylaws, staff would not be able to recommend support for a re-designation under Bylaw No, 725 to
accommodate this rezoning proposal.
Additionally, Bylaw No. 725 includes Development Permit requirements for development proposed
within secondary settlement areas and on waterfront parcels. Guidelines include the following;
.
New development should be of a form and character that ... take into consideration the form
and character of surrounding buildings.
Page 14 of 18
Board Report
o
¡
o
¡
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
Natural exterior building and landscaping materials, such as wood, rock or stone, or those that
appear natural, are encouraged.
Non retail commercial and industrial facilities including outside storage, garbage and recycling
areas should be screened with fencing or landscaping or both.
Visible long blank walls should be avoided.
Front parking is only supported in cases where landscaping provides a buffer between the
parking and the street. All parking should be screened.
Further Development Permit requirements will be required for Commercial development. Guidelines
include the following;
o
A landscaped buffer between parking areas and public streets should be provided. Additional
landscaping within parking lots is encouraged.
Concerns were raised by the public about the current aesthetic appearance of the development
regarding both the existing portion and the foreshore portion.
IMPLEMENTATION:
Gonsultation Process
The complex consultation process in accordance with CSRD Policy No. P-18 regarding Consultation
Processes-Bylaws, was followed. Notice of Development signs were posted on the subject properties
in 2 separate locations on April 4,2013. The proposed new bylaws were sent out to referral agencies.
A public meeting was held by the applicant at the Blind Bay Resort Recreation Room, on August 22,
2013 to inform the public about the application and accept feedback. There were 47 people in
attendance and many of the questions were about the commercial moorage and the foreshore use
proposals. Specific concerns were voiced regarding: sewage from the foreshore portion; speed limits
along Blind Bay Road; blend of public/private uses; year round vs. seasonal residential use;
handicap accessibility to the dock; strata council and control of lease and common properties and
public portions; widening of Blind Bay Road; boat traffic in Blind Bay and conflict with swimmers; the
pedestrian underpass proposal; and public access to the public portions of the proposal.
Public Hearing
The delegated Public Hearing for the proposed bylaw amendments was held December 5, 2013 at the
Cedar Centre in Blind Bay. There were approximately 130 to 140 members of the public in attendance,
including the applicant. A total of 36 people chose to make presentations. Of these 21, (58.3o/o)
including the applicant, spoke in favour of the bylaws and 15 (41.7o/o) spoke against the bylaws.
Of the supporters of the bylaws I were from Blind Bay, while 7 were from elsewhere. 2 Employees, 2
owners within the existing development, and an in-law of the applicant also spoke in favour of the
bylaws. The presentations in support cited economic development, jobs, increase in taxes, additional
recreational opportunities, affordability as a recreational option, and a benefit to the community as their
reasons for supporting the proposal.
Of the people speaking against the bylaws, 13 were from Blind Bay, while 2 were from elsewhere in
Electoral Area 'C'. The presentations against the bylaws cited increased traffic, inconsistency with the
new OCP, environmental (specifically water quality) concerns, limited economic development potential
due to seasonal nature, increased density on the foreshore, aesthetic concerns, and concerns
regarding boat traffic in Blind Bay.
Page 15 of 18
Board Report
BL 700-65, BL 701-65 & BL 900-2
January 16,2014
ln addition to the presentations at the public hearing, staff received a great deal of written
correspondence from the public concerning the proposal. Of a total of 253 submissions 67 (26.50/o)
were opposed to the proposal. 186 (73.5o/o) were submitted in support of the proposal. Of the letters of
support 56 came from owners of the Resort, 17 came from annual guests to the resort, 6 came from
employees of the resort and 3 came from investors in the proposal.
Although support for the proposal significantly out-stripped dissent, it was noted that multiple letters of
support were submitted by many of the supporters (largely owners in the resort) on separate
occasions.
SUMMARY:
This application is for OCP and Zoning amendments that would facilitate the development of the
subject properties to allow a bareland strata subdivision to create 90 resort lots for seasonal or
temporary use, commercial uses, and a commercial moorage expansion into deeper water and to
increase the number of boat slips from 55 to 70. A CDC Zone with five Development Areas is
proposed to allow for the unique uses in specific locations.
The proposed amendment to the Zoning Bylaw has been amended so that Recreational Vehicles,
Park Models or Seasonal Modular Buildings are proposed as permitted uses on the resort lots on
Strata Lots B and C, Plan KAS3359 and Lot A, Plan 14713. The commercial uses proposed for
Strata Lot A, Plan KAS3359 are consistent with the uses permitted in the existing C5 Zone. Portions
of Strata Lot C, Plan KAS3359 and Lot A, Plan 14713 are proposed to be zoned to allow for open
space and passive recreation. A portion of Plan K4S3359, shown as common property is proposed
to be zoned to allow for a utility to accommodate the sewage disposal.
Staff has not received any objections from the referral agencies. lt is proposed that the development
will be serviced by existing community water and sewer services which will need to receive
approvals from Provincial regulatory bodies before they can service the proposed increase in
density. The applicant has satisfied all current OCP policy requirements with respect to servicing,
environmental concerns, public access to the foreshore and archaeological issues.
However, staff suggests that the use of the foreshore portion for commercial development of bare
land strata lots for RV, park model or modular building purposes is incompatible with prevailing
development on the foreshore and therefore not compatible with the existing OCP Bylaw No. 700.
Further, the proposed development is incompatible with the Public's vision for future development on
the foreshore of Shuswap Lake, as contained within proposed OCP Bylaw No. 725.
LIST NAME OF REPORTS / DOCUMENTS:
1. South Shuswap
Attached to Board
Available from
2.
Report: Ef
Attached to Board
Staff:
Available from
Report: EI
Attached to Board
Staff:
Available from
Report: Ø
Attached to Board
Report: Ø
Available from
Official Community Plan
Amendment (Dan Baskill) Bylaw No. 700-65
South Shuswap Zoning Amendment (Dan
Baskill) Bylaw No. 701-65
3.
Lakes Zoning Amendment (Dan Baskill) Bylaw
No. 900-2
4.
Maps: Location, OCP, Zoning, Site Plans,
Orthophotos
I
n
Staff: n
Staff:
I
Page 16 of 18
Board
Report
5.
BL 700-65, BL 701-65 & BL
900-2
Attached to Board
Public Hearing Minutes
January i6,2014
Available from
,Ø
Staff:
!
DESIRED OUTCOMES:
That the Board consider the results of the Public Hearing and the content of this report.
BOARD'S OPTIONS:
1.
Give Bylaw No. 700-65, Bylaw No. 701-65 and Bylaw No. 900-2 third reading. The bytaws
will be referred to the Minister of Community, Sport and Cultural Development for approval.
2.
Amend the bylaws (decrease the density on the foreshore portion of the subject properties
with the approval of the owners) and give the bylaws third reading. The bytaws wilt be
amended and referred to the Minister of Community, Sport and Cultural Devetopment for
approval.
3.
Amend Bylaw No. 900-2 (change the use by eliminating houseboats from commercial
moorage use for the subject propeñies) and give Bylaw No. 900-2 second reading as
amended and delegate a public hearing. Bylaw No. 900-2 will be amended and a second
public hearing will be held.
4.
Decline third reading. Bylaw No. 700-65, Bylaw No. 701-65 and Bylaw No. 900-2 witl be
defeated.
5.
Defer.
COMMUNIGATIONS:
Area'G' Advisory Planning Gommission
lnterior Health
Recommended approval.
The file was reviewed with respect to connecting to the
community water supply of Shuswap Lake Estates and
to connecting to the community sewerage system on
Blind Bay Road currently licensed under the Municipal
Sewer Regulation (MSR).
The Drinking Water Officer for the Shuswap Lake
Estates Water System has no objection to additional
connections provided that the community water system
can accommodate this increase.
The community sewerage system must be
in
compliance with the agency having jurisdiction. Any
increase
in
waste water flows would not be
is compliance with the
recommended unless there
legislation.
Page 17 of 18
Board
Report
BL 700-65, BL 701-65 & BL
Ministry of Transportation and
lnfrastructure
900-2
January 16,2014
The subject properties are required to have an access
permit(s) and the land owner must contact the Ministry
office to apply for and obtain an access permit(s) for all
of the subject properties. Access improvements will
likely be required.
Proposed setbacks adjacent to the public road in DA 2
and 3 do not match the Provincial setback of 4.5 m. lt
is suggested that the zoning reflect the Provincial
setback of 4.5 m from a public road to avoid confusion.
No response.
Did not receive the reports on fish and fish habitat by
Valhalla Consulting in order to assess the impacts of
the proposed marina to fish and fish habitat. However,
the Ecosystems section offered a number of general
recommendations to help ensure the proposal is
planned, constructed, and operated with minimal
impacts to wildlife, wildlife habitat, fish and fish
habitat.
No recorded archaeological sites; however there is
potential for previously unrecorded sites.
Ministry of Environment
Ministry of Forests, Land and Natural
Resou rce Operations- Ecosystems
Section
Resou rce Operations- Archaeology
Branch
Resource Operations- Land Officer
We are currently dealing with the land owner
regarding land tenure applications for use of the
foreshore outside of the boundaries of DL 1999. The
matter of rezoning is a significant factor in our review
of those applications. We would prefer that the
outcome of the zoning process includes consistent
zoning designations on the upland and the adjacent
foreshore. We generally like to ensure that anything
approved
by our agency on the foreshore is
consistent with the upland use and zonino.
No response.
No comments.
No obiections.
No response.
No response.
No response.
School District #83
CSRD Operations Manaqement
CSRD Parks and Recreation
Adams Lake lndian Band
Little Shuswap lndian Band
Neskonlith lndian Band
lf the Board gives Bylaw No. 700-65, Bylaw 701-65, and Bylaw No. 900-2 third readings staff will
fonryard the bylaws to the Minister of Community Sport and Cultural Development for approval.
Date Signed Off
REVIEWED BY:
Development Services
Approval Signature of Reviewing Manager or Team
(MO/DD^/R)
V
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.cv,1t
Leader
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Page 18 of 18
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Public Hearing Minutes
COLUMBIA SHUSWAP REGIONAL DISTRICT
Notes of the Public Hearing held on Thursday December 5 at 6:00 p.m. at the Cedar
Heights Community Hall, 2316 Lakeview Drive, Cedar Heights BG regarding proposed
Bylaw No. 700-65, 701-65, 900-02.
PRESENT: Chair Paul Demenok - ElectoralArea C Director
Gerald Christie -Manager, Development Services
Dan Passmore - Senior Planner, Development Services
Candice Benner - DSA, Development Services
130 members of the public including the applicants
Chair Demenok called the Public Hearing to order at 6:00 pm, Following introductions,
the Chair advised that all persons who believe that their interest in property may be
affected shall be given the opportunity to be heard or to present written submissions
pertaining to the proposed South Shuswap Official Community Plan Amendment (Dan
Baskill) Bylaw No. 700-65; South Shuswap Zoning Amendment (Dan Baskill) Bylaw No.
701-65; and Lakes Zoning Amendment (Dan Baskill) Bylaw No. 900-02.
The Planner explained the requirements of Section 890 of the Local Government Act and
noted that the Public Hearing Report will be submitted to the Board for consideration at its
January 16, 2013 meeting. The Planner explained the notification requirements set out in
the Local Government Act and noted the Public Hearing was placed in the Shuswap
Market News on November 22and29,2013.
The Planner provided background information regarding this application and reviewed the
purpose of the bylaws:
Blind Bay resort owner Dan Baskill applied to re-designate the lakefront portion of his
property to allow bare land strata subdivision to create 19 RV lots. The owner proposes to
rezone the entire resort property to a new CDC-4 comprehensive development zone. The
owner previously applied to MFLNRO to expand an existing foreshore lease area and has
applied to amend Lakes Zoning Bylaw No. 900 to reflect the increase in area of the
proposed grown land tenure and to increase the number of boat slips permitted in Bylaw
No. 900 from 55 to 70.
The owner held a public meeting on Augusl22 to satisfy the requirements of the complex
consultation process; 47 people attended. Concerns were expressed regarding the
foreshore portion, the impact on the new OCP, the marina and year-round versus
seasonal use of the site.
At September 12 board meeting the board gave the bylaws second reading but required
conditions to be met prior to a public hearing. Staff further amended the bylaw and the
board gave bylaw No. 701-65 second reading as amended November 14and delegated
this public hearing.
The Planner noted that proposed OCP Bylaw No. 725 has been given third reading by the
board and is curently with Ministry of Community, Sport, and Cultural Development for
approval at it is possible that Bylaw No. 725 be adopted prior to the current bylaws being
Page 1 of
I
Public Hearing Minutes (cont'd.)
considered for further readings. lf this were the case, a new bylaw amending Bylaw No.
725 would be required to be considered by the board before rezoning could be considered
for further readings,
The Planner provided a PowerPoint presentation giving an overview of the subject
property and proposed changes in zoning.
That Bylaw No. 700-65 proposes to amend schedule B (Land use Map) of the south
Shuswap Official Community Plan Bylaw No. 700 by re-designating Lot A, Section 17
Township 22 Range 10 WOM KDYD Plan 14713 and that portion of Strata Lot C Section
17, Township 22, Range 10, W6M, KDYD Plan KAS3359 tying north of Btind Bay Road
from SFR Single Family Residential to TCOM Tourist Commercial and to re-designate
the foreshore adjacent to DL 1999 from FS Foreshore to WFCOM Waterfront
Commercial.
That Bylaw No. 701-65 proposes to amend Schedule A the South Shuswap Zoning
Bylaw Text by adding a new zone, CDC4 Comprehensive Development Zone 4. The
CDC4 Zone consists of Jive Development Areas.
Ðevelopment Area 1 would allow for various tourist commercial uses including a
restaurant; a campground; a convenience store, a bakery; a post office; a craft and gift
shop; personal service uses; gallery or studio; police and ambulance station; a motel;
upper floor dwelling units; a caretaker single family dwelling; and accessory use as
permitted uses. The minimum parcel size for subdivision would be 2,000 m", and a
density of 24 motel sleeping units, 2 upper floor dwelling units and 1 caretaker single
family dwelling if community sewer and community water services are provided.
Development Area 2 would allow for seasonal modular buildings; resort residential
spaces and accessory use as permitted uses. The minimum parcel size for subdivision
would be 22O m2 if community sewer and water services are provided and t hectare in
all other cases, and a maximum of 61 resort lots, The maximum floor area for a seasonal
modular building is 80 m'. Each resort lot is permitted to have 1 seasonal modular
building or resort residential space within Development Area 2.
Development Area 3 would allow for seasonal modular buildings; resort residential
spaces and accessory use as permitted uses. The minimum parcel size for subdivision
would be 290 m2 if community sewer and water services are provided and t hectare in
all other cases, and a maximum of 29 resort lots. The maximum floor area for a seasonal
modular building is B0 m'. Each resort lot is permitted to have 1 seasonal modular
building or resort residenlial space within Development Area 3.
Development Area 4 would allow for public utility; passive recreation; open space and
accessory use as permitted uses and the minimum parcel sizes for subdivision would be
2,000 m2.
Development Area 5 would allow for passive recreation; open space and accessory use
as permitted uses and the minimum parcel sizes for subdivision would be 2,000 m2.
Additionally, new definitions are proposed to be added for modular building; motel; resort
residential space; park mode; seasonal; and temporary. The definition of a recreational
vehicle or travel trailer is also proposed to be amended.
Page 2 of
I
Bylaw No. 701-65 also proposes amending Schedule C, Zoning Maps, which forms part
of the South Shuswap Zoning Bylaw No. 701 by rezoning the following properties: Lots
A, B, C, Section 17, Township 22, Range 10, W6M, DKYD Plan K4S3359, togetherwith
the common property; and LotA, Section 17, Township 22, Range 10, WOM, DKYD,
Plan 14713 to the proposed new zone CDC-4 Comprehensive Development Zone 4,
Bylaw No. 900-2 proposes to amend Schedule A the Lakes Zoning Bylaw Text by
amending the Foreshore Commercial 3 Zone, Section (b) Site Specific Density, by
changing the maximum number of berths at Blind Bay Resort from 55 to 70.
Bylaw No. 900-2 also proposes to amend Schedule B, Zoning Maps, which form part of
Lakes Zoning Bylaw No. 900 by rezoning that portion of the foreshore adjacent to District
Lot 1999 from FR1 Foreshore Residential 1 Zone to FC3 Foreshore Commercial 3 Zone.
The Chair opened the floor for comments.
Dan Baskill, owner of subject property, spoke to the application. He indicated that it
would be long lasting and a benefit to the community. lt represents what the community
wants and what is viable. He said this has been a 9 year journey.
Brad Davies, 2933 Buckley Road, represents the South Shuswap Chamber of
Commerce and on their behalf submitted a letter of support.
Carol Ferguson, 1-3463 Sunnybrae Road, submitted a letter to oppose the proposed
development. ln the letter she expresses concern about the environmental impacts of
this development and other future development on Shuswap Lake which is their drinking
water reservoir, Care and diligence must be taken with such a massive application. This
development must stop because it adds to the fouling of the drinking water reservoir.
Duane Chuka, 2647 Blind Bay Road, has lived here since 1992. He is concerned about
property values, congestion on beach areas, and the Blind Bay Road being too busy. He
is concerned about the marina expansion, the boating and fueling along the water and
the impact on the drinking water. He is in favor of a possible motel. He advised that he
takes his water directly out of Blind Bay and has had to install a reverse osmosis water
treatment system in order to be able to drink the water.
Dennis Miller, 2650 Centennial Drive, believes the foreshore should remain RR1, the old
OCP did not intend to have 19 residences on the property, and the proposed new OCP
also does not support this. The area already has sufficient marina and commercial
development so no further development is needed.
Tracey Thompson, 2009 Eagle Bay Road, supports this application. She said the
development currently is an asset to the community and the rezoning and development
proposal will only enhance the community. Blind Bay is dependent on tourism, and
specifically family oriented recreation opportunilies. This development proposal provides
an affordable opportunity, employment for young people, increased taxation and an
economic benefit. She noted that the Real Estate business will be healthier with a variety
of market choices available. She noted that what has already been done to the site
enhances the community and people have been impressed with the developer's effofs.
Page 3 of
I
She stated that the health and prosperity of the community deserves a voice and that the
benefits from this development outweigh the negatives.
Dave Cunliffe, 5260 Squilax-Anglemont Road, is the president of the North Shuswap
Chamber of Commerce and represents g0 business members who are all in favor of this
application. There are many benefits; more jobs, long term increase in tourism, more tax
base, it turns shared interest into strata which is good, and provides more moorage in
the area. He advised that 19 new Park Models is not high density. The proposal offers
an affordable opportunity for tourists to move here, and there is public access.
Hilary Brown, 2656 Blind Bay Road, owns the B & B down the street and stated thal
guests from the campground also stay at the B & B. She indicated that the site is an
embarrassment now, and that it should be allowed to develop to clean things up further.
Compared to what the area was before lhis is a benefit and she is pleased to see land
improvement. Dan Baskill is doing things right.
Gareth Seys, 3441 Roberge Road, is the Shuswap Marina owner and supports the
application, He said there is a shortage of moorage in the area, the public access is
good, it's also good for tourism and the economy.
Carole Hargis, 2996 Tamarac Terrace, said that this is a small bay full of boats and
doesn't want the marina enlarged; there will be too much gas and oil spilled in the water.
She doesn't want the rezone because then Dan Baskillwill do whatever he wants.
Ron Edgar, 2610 30th Ave Aldergrove, is a Blind Bay Resort employee, he was looking
for a place to retire and this provides an alternative until he can afford to buy a house.
Jim Leiper, 2014 Hannett Road, read out portions of the letter he submitted; he is in
favor of the proposed amendments.
Craig Spooner,2974 Hopwood Road, is in favor of this application.
Marie Lambert, 2186 Lakeview Drive, said that Blind Bay Road is too dangerous 6
weeks of the year, it is too busy and drivers are too fast, the application creates safety
issues as it will increase pedestrian traffic.
Dale Kerr, 2406 Tamarac Terrace, is opposed to this application. lf this is rezoned it will
provide too many uses. lf Dan Baskill sells to someone else they may want houseboats.
He wants a covenant saying there won't be any houseboats parked in Blind Bay like
Bayside/Trapper's marina gave one. He said that water quality is the main concern.
Rick Williams, 4562 Eagle Bay Road, said that the proposed development is good for
business and needs to happen.
Lee Fernquist, 6003 Maddock Drive NE, Calgary, submitted a letter and read out
portions of it, is a Blind Bay Resort owner. His family came to Blind Bay when the
campgrounds along Mara Lake closed down to go to private ownership.
Cathryn Rankin, 2591 Bay Crescent, is not opposed to well-planned development but
has concerns about this proposal. She is concerned about road safety as pedestrians
wíll be crossing the road frequently. She is also concerned regarding the pollution of the
Page 4 of
I
water and foreshore and algae blooms. She does not feel that enough has been done to
prevent damage to the Lake. She states that this proposal drastically changes the OCP
and success of this application will open the door to all sorts of changes in the future.
Ron Opas, 2482 Centennial Drive, saíd that the money has already been made and that
the land cannot accommodate the proposed density. He said this is an amateur project
and is offensive. He noted the current wall along the adjacent roads and likened them to
the Berlin Wall, and he would like to see the wall removed. Advised that
more
development of the same type, especially on the foreshore; would be horrible.
Shelby Gulka, 2410 Tamarac Terrace, is an employee as office manager of the resort
and has been for the past 6 months. She is in favor of the application as it secures the
future for the younger generation. lt helps the economy grow and is safe. She said that
there exists a problem with boat slips; non-owners will dock to go to the café and will
take owned boat slips. The expanded marina will be safer as it will be in deeper water
and is a better alternative to offloading boats at the boat ramp daily.
Denise Pike, 3145 Cedar Drive, supports this application. She believes that the
environmental concerns have been taken care of through the reports completed by the
professionals. The resort will create jobs, there won't be a traffic concern because most
people will be walking places not driving, and the geese are more of a concern regarding
pollution of the foreshore.
Doug Finley, Kelowna, is a representative of the private investors of the Blind Bay
Resort. He said there are 350 shareholders and he believes that Dan Baskill is
committed and he supports and believes in what Baskill is proposing.
An unknown man, is opposed to the application. He can't sleep with his windows open
anymore because there is too much noise from partying in the resort. There is too much
garbage and sludge in the water.
Debbie Morris, 1572 Blind Bay Road, does not support the foreshore rezoning but
supports the upland rezoning. High Density is not supported for the foreshore which the
community has spoken about in the past. Koa Road is in the CSRD parks plan, how
does it tie in with the proposed park on the west side?
Jerry Weihmann, 2434 Tamarac Terrace, is
a member of the Cedar
Heights Water
board Advisory Committee. He said that water quality has noticeably degraded within the
system and the lake cannot stand the increased development. He said he is against this
application and the rest of the committee is against the application.
Sally Scales, of Salmon Arm, advised that the WalMart development in Salmon Arm took
7 years to get approved. She pointed to this development as an example of good
development and an economic benefit. She advised that she this development is
exciting and good for Blind Bay.
Brad Long, 2154 Eagle Bay Road, supports this application and believes
it is a
responsible development.
Don Williams, 3690 30th Street NE, Salmon Arm, is father-in-law of Dan Baskill and said
that Baskill is honest and has integrity. Dan Baskill has invested a lot into the property
Page 5 of
I
with new t¡ees and rockwork and it is beautiful. He advised that he does not believe that
19 mo¡e units is high density. He stated the development has a state of the art sewer
system; he believes an underpass is proposed to dealwith pedestrian/traffic conflicts.
Debbie Hansen, 2311 Lakeview Drive, supports this application. 19 RV lots is not high
density. She said that she lives behind the resort and still has a view. She doesn't like
the boats, because they are loud and getting louder, but they are here to stay and they
are not the resort's problem. The resort provides an oppoÉunity for family time. She
would rather have the expanded marina than a bunch of buoys. There should be more
walkways and slower speed limits to take care of the traffic safety issues.
Rick Toop, 2476 Sunrise Boulevard, is in favor of this application, The geese provide
more of an environmental issue and he believes this is a good project and what has
already been done is a good job.
Bonnie Baker, 3673 Braelyn Road, does not support this application. Blind Bay is the
worst place to increase boat traffic because it is shallow and narrow. The proposed new
OCP speaks against it. Her objection to the proposal is not about stopping business, but
it is in reaction to how business affects people. She asked íf the existing 55 boat slips
went through a public process.
The Planner stated that when Lakes Zoning Bylaw No. 900 was being considered it went
through the public process and public input. Staff essentially counted the number of slips
that existed at that time and that number was what was put into the bylaw.
Bonnie Baker, 3673 Braelyn Road, said that she doesn't want to stop business but she
wants business owners to think about how their business affects the people/community.
The OCP stands for a lot and that Baskill knew the zoning of the property when he
bought the property.
Ted Linden, 2592 Alpen Paradis Road, said that 19 lots within the existing 2 lots is high
density and the neighboring property values willgo down because of it, He is concerned
about the bad water quality of Blind Bay. This application only benefits a small portion of
the community. He is opposed to the application.
Tim Rioux, 2491 Centennial Drive, has lived in the area for 6 years. The tratfic has
increased significantly and walking along the road is dangerous. He said that people
here are trying to sell their homes but cannot because they are affected by the low cost
housing options. The resort does not provide long term full time jobs; the community
can't focus on 6-8 week business opportunities, a bigger vision is required. People can't
afford to live here with only part-time work available. He said that boats still launch at
Centennial (where they aren't allowed) despite the marina being available. He said the
expanded marina will block access for other boat drivers. He said if the bay dies
everyone is going to pay for it, he does not support this application.
Karen Brown, 2730 Sunnydale Drive, said that the community needs jobs and
infrastructure and said that Baskill's application is a baby step and it is responsible
change. Baskill is community minded and the community should support him. His
business is struggling and the community should help. lf people have questions or want
to see what the resort is about they should stop into the resort and get informed. She
supports this application,
Page 6 of
I
Jerre Paquetle,2727 Golf Course Drive, submitted letter and said he is opposed to the
application. He also advised that the scheduling of the Public Hearing in late November
was not a good time as most of the community is absent at this time.
Richard Shoesmith, 50 Sands Avenue, Coldstream, submitted a letter and said he has
an interest in Blind Bay Resort and is in favor of the application. He said the limitations of
the regional district bylaws have really slowed things down and that the comprehensive
development zone is an effective way of fine tuning things. He said the OCP was
considered while the resort was on the books and the new zone was suggested and
negotiated with staff. He said that 8,000 ftz of living space is comparable to some
existing development on the lakeshore. With regard to the expansion of the marina,
reports were completed with regard to best practices of DFO and MoE and will be an
environmental advantage. He said that drivers are responsible for actions not
pedestrians and the safety on the road is not the responsibility of the resort. He said that
the proposed zone is very specific and Dan Baskill cannot do "whatever he wants".
Gerald Christie, Manager
of
Development Services, clarified that staff provide
professional planning advice to an applicant to help through the application process,
CSRD staff are a neutral body and that the help they provide to applicants should not be
construed as being in favor or not in favor of an application.
Terry Timms, 2653 Mountview Place, said this is a seasonal development and will only
have density issues 3-4 months of the year. The application cannot have full time
residents but it should be allowed as Baskill pays commercial taxes the full year but only
is active 3-4 months of the year. He said he is in favor of the application.
Jim Leiper, 2014 Hannett Road, said that the sewerage plant is big enough to accept
boat effluent and that this is a responsible development,
Geoff Abell, 7615 Squilax-Anglemont Road, said that he initially came to the area to
camp and stayed at the campground then loved it so much he bought a place here. He
supports this application. He fails to see any water issues.
Tim Rioux, 2491 Centennial Drive, said that there was a development allowed around a
lake in Alberta and the lake became polluted.
Hearing no further representations or questions about proposed Bylaw No. 700-65, 701-
65 or 900-2 the Chair called three times for further submissions before declaring the
public hearing closed al7:52 p.m.
Page 7 of
I
Public Hearing Minuteq (cont'd,¡
CERTIFIED as being a fair and accurate report of the pubiichearing.
Dire'ôtor Paul Demenok
Þs_
Dan Passmore
Senior Planner
Page
I
of
I
COLUMBIA SHUSWAP REGIONAL DISTRIGT
SOUTH SHUSWAP OFFICIAL COMMUNITY PLAN
AMENDMENT (DAN BASKILL) BYLAW NO. 700.65
A bylaw to amend the "South Shuswap Official Communitv Plan Bvlaw No. 700"
WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No. 700;
AND WHEREAS the Board deems it appropriate to amend Bylaw No. 700;
NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meeting
assembled, HEREBY ENACTS as follows:
1.
Bylaw No. 700 cited as "South Shuswap Official Community Plan Bylaw No. 700" is hereby
amended as follows:
A.
MAP AMENDMENT
1.
Schedule B, Land Use Map, which forms part of the "South Shuswap Official
Community Plan Bylaw No. 700" is hereby amended by:
i)
redesignating that part of Strata Lot C Section 17 Township 22 Range 10
W6M KDYD, Strata Plan KAS3359 lying north of Blind Bay Road which part is
more particularly shown hatched on Schedule 1 attached hereto and forming
part of this bylaw, from SFR SINGLE FAMILY RESIDENTIAL to TCOM
TOURIST COMMERCIAL, and:
ii)
redesignating Lot A, Section 17, Township 22, Range 10, W6M KDYD, Plan
14713 which is more particularly shown cross-hatched on Schedule 1
attached hereto and forming part of this bylaw, from SFR SINGLE FAMILY
RESIDENTIAL to TCOM TOURIST COMMERCIAL, ANd;
iii) redesignating the crown foreshore
adjacent to District Lot 1999 which is more
particularly shown stippled on Schedule 1 attached hereto and forming part of
this bylaw, from FS
COMMERCIAL.
FORESHORE
to
WFCOM
WATERFRONT
i
BL 700-65
2.
PAGE 2
This bylaw may be cited as "South Shuswap Official Community Plan Amendment (Dan Baskill)
Bylaw No. 700-65."
READ a first time
this
READ a second time
21"t
this
PUBLIC HEARING held
this
day of
March
,2013.
12th
day of
September
,2013.
5th
day of
December
,2013.
READ a third time this
day of.
,2014.
RECEIVE D THE APPROVAL of the Minister of Community, Sport and Cultural Development this
day of
,2014.
ADOPTED this
day of.
CHIEF ADMINISTRATIVE OFFICER
CERTIFIED a true copy of Bylaw No.
as read a third
time.
Ch ief
Administrative Officer
2014.
CHAIR
700-65
CERTIFIED a true copy of Bylaw No. 700-65
as adopted.
Chief Administrative Officer
SCHEDULE
I
SOUTH SHUSWAP OFFICIAL COMMUNITY PLAN AMENDMENT
(DAN BASKTLL) BYLAW NO.700-65
COLUMBIA SHUSWAP REGIONAL DISTRICT
SOUTH SHUSWAP ZONING AMENDMENT
(DAN BASK¡LL) BYLAW NO. 701.65
A bvlaw to amend the "South Shuswap Zoning Bylaw No. 701"
WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No.701;
AND WHEREAS the Board deems it appropriate to amend Bylaw No. 701;
NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meeting
assembled, HEREBY ENACTS as follows:
1. Bylaw No.701 cited as "South Shuswap Zoning Bylaw No.701" is hereby amended as
follows:
A.
TEXT AMENDMENT
i.
Schedule A, Zoning Bylaw Text, Section 4.1 Establishment of Zones Table 1 is
hereby amended by inserting CDC 4 as the last item in Column I Zone, and
Comprehensive Development 4 as the last item in Column ll Title Elaboration.
ii.
Schedule A, Zoning Bylaw Text, Section
the following definitions:
I
Definitions is hereby amended by adding
a) by adding "MODULAR
BUILDING is a transportable prefabricated building
consisting of one seasonal dwelling unit which conforms with the CSA Z-240
Standard.", after "MOBILE HOME PARK" ;
b) by adding "MOTEL is a building or a group of buildings
which provides
temporary accommodation and contains separate sleeping units, with each
sleeping unit having an outdoor entrance.", before "MULTIPLE FAMILY
DWELLING'';
c)
by adding "RESORT RESIDENTIAL SPACE is the use of land for parking a
recreational vehicle or travel trailer or park model for temporary or seasonal
accommodation.", before "RESTAU RANT"'
d)
by adding "PARK MODEL is a type of recreational vehicle that conforms with
the CSA Z-24l Standard and meets the following criteria;
it is built on a single chassis mounted on wheels;
ii. it is designed to facilitate relocation from time to time;
¡ii. it is designed as seasonal or temporary accommodation and may be
connected to those utilities necessary for operation of installed fixtures
and appliances; and,
iv. it has a gross floor area not exceeding 50 m2;
and which is not installed on a permanent foundation.", before "PATIO";
i.
e) by deleting the
of
"RECREATIONAL VEHICLE
TRAILER" and replacing it with the following therefor:
definition
OR
TRAVEL
"RECREATIONAL VEHICLE OR TRAVEL TRAILER means a vehicular
portable structure used as a temporary dwelling for travel whether selfpropelled or not, but does not include a park model."
Bylaw
No.701-65
Page2
f) by adding "SEASONAL is less than one hundred eighty-two (182) days per
calendar year." after "SCREENING", and;
g) by adding "TEMPORARY is less than four (4) consecutive weeks.", after
''STRUCTURE''.
iii.
Schedule A, Zoning Bylaw Text, is amended by adding a new Section 34 as follows:
"CDC 4 Comprehensive Development 4
Zone
Section 34
Purpose
The purpose of the CDC 4 zone is to provide for a unique zone allowing for a mix of commercial
and resort residentialuses as part of a strata development.
Development Area
I
Permitted Uses
34.1
The following uses and no others are permitted in the CDC 4 Zone Development Area 1:
.1
.2
.3
.4
.5
.6
.7
.8
.9
.10
.11
.12
.13
.14
.15
restaurant:
outdoor recreation facility;
campground;
convenience store;
bakery;
post office;
craft and gift shop;
personal service establishment;
gallery or studio (but not including television, music or radio studios);
police station;
ambulance station;
motel;
accessory upperfloor dwelling units;
single family dwelling for caretaker of the property; and,
accessory use.
Bylaw No.
701-65
Page 3
Regulations
34.2
On an area zoned CDC 4 Development Area 1 there shall be no use and no building or
structure shall be constructed, located or altered and no plan of subdivision approved
which contravenes the regulations established in the table below in which Column I sets
out the matter to be regulated and Column ll sets out the regulations:
GOLUilN
.1
COLUMN II
REGULATIONS
I
II'IATTER TO BE REGULATED
Subdivisions:
Where a parcel is served by both
a community water system and a
community sewer system
ln all other cases
Maximum Number of motel sleeping
units permitted in Development Area 1
ln all other cases
Maximum Numberof Accessory
Upper Floor dwelling units permitted in
Development Area 1
ln all other cases
Maximum Number of Single Family
Dwellinqs per parcel
Maximum height for:
o Principal buildings and structures
o Accessory buildinqs
front parcel line
rear parcel line
Maximum Coveraqe
.
.2
2,000 m,
.
tha
.
.3
24
.
1
¡
.3
.4
.5
.6
2
0
.
.
.
.
.
1
a
a
11.5 m (37.73ft.)
6 m (19.69 ft.)
5m
4.5 m
2m
5m
40o/o
Development Area 2
Permitted Uses
34.3
The following uses and no others are permitted in the CDC 4 Zone Development Area2:
.1
.2
.3
accessory use.
Bylaw No.
701-65
Page 4
Regulations
34.4
coLui,tN
.1
I
II/IATTER TO BE REGULATED
Subdivisions:
ln all other cases
Development Area 2
ln all other cases
structures
front parcel line
rear parcel line
Maximum Coverage
Modular Buildinqs
GOLUMN II
REGULATIONS
.
.2
o
220 m2
tha
o
.3
.4
.5
.6
.7
o
o
.
.
.
61
1
1
6 m (19.69 ft.)
3m
3m
1m
3m
5Oolo
80
m2
Development Area 3
Permitted Uses
34.5
1.
2.
3.
accessory use.
Bylaw
No.701-65
Page 5
Regulations
34.6
.1
GOLUIIIIN I
Subdivisions:
ln all other cases
Development Area 3
ln all other cases
Modular Dwellinos Per Parcel
structures
front parcel line
rear parcel line
Maximum Coveraqe
Maximum FloorArea for Seasonal
Modular Buildinqs
GOLUITN il
REGULATIONS
.
.2
o
290 m'
'1ha
o
.3
.4
.5
.6
.7
.
r
.
.
.
29
1
1
6 m (19.69 ft.)
3m
3m
1m
3m
40%
80
m2
Development Area 4
Permitted Uses
34.7
.1
.2
.3
.4
public utility;
passive recreation;
open space, and;
accessory use.
Bylaw No.
701-65
Page 6
Regulations
34.8
COLUMN
coLUiiN
¡
II/IATTER TO BE REGULATED
.1 Minimum Parcel Size for New
Subdivisions:
.2 Maximum height for:
. buildinos and structures
.3 Minimum Setback from:
o front parcel line
. exterior side parcel line
¡ interior side parcel line
. rear parcel line
¡r
REGULATIONS
2.000 m2
.
6m(19.69ft.)
5m
4.5 m
2m
5m
Development Area 5
Permitted Uses
34.9
.1
.2
.3
passive recreation;
open space; and,
accessory use.
Regulations
34.10 On an area zoned CDC 4 Development Area 5 there shall be no use and no building or
.1
.2
.3
COLUMN ¡
Subdivisions:
Maximum height for:
¡ buildinss and structures
front parcel line
rear oarcel line
c
.
.
.
COLUMN II
REGULATIONS
2.000 m2
.
6m(19.69ft.)
5m
4.5 m
2m
5m
Bylaw No. 701-65
Page 7
34.11 ln all cases, where a bare land strata lot shares a parcel
line with a highway, the setback
requirement for that boundary shall be 4.5 m regardless of whether it is a front, exterior
side or rear parcel line."
B. MAP AMENDMENT
1.
Schedule C, Zoning Maps, which forms part of the "South Shuswap Zoning Bylaw
No. 701" is hereby amended as follows:
rezoning Strata Lot A Section 17 Township 22 Range 10 W6M KDYD, Strata
Plan KAS3359 which is more particularly shown outlined in bold red on
Schedule 1 attached hereto and forming part of this bylaw and which is also
shown outlined in bold blue and labelled DA1 on Schedule 2 attached hereto
and forming part of this bylaw, from C5 TOURIST COMMERCIAL to CDC4
COMPREHENSIVE DEVELOPMENT ZONE 4 DEVELOPMENT AREA 1:
ii)
rezoning Strata Lot B Section 17 Township 22 Range 10 W6M KDYD, Strata
Plan KAS3359 which is more particularly shown outlined in bold red on
and forming part of this bylaw, from C5 TOURIST COMMERCIAL to CDC4
COMPREHENSIVE DEVELOPMENT ZONE 4 DEVELOPMENT AREA 2;
ii¡)
rezoning that part of Strata Lot C Section 17 Township 22 Range 10 W6M
KDYD, Strata Plan KAS3359 lying north of Blind Bay Road, which part is more
particularly shown outlined in bold red on Schedule attached hereto and
forming part of this bylaw and which is also shown outlined in bold blue and
labelled DA3 on Schedule 2 attached hereto and forming part of this bylaw,
from RR1 RURAL RESIDENTIAL
CDC4 COMPREHENSIVE
DEVELOPMENT ZONE 4 DEVELOPMENT AREA 3;
I
to
iv)
KDYD, Strata Plan KAS3359 lying south of Blind Bay Road, which part is
more particularly shown outlined in bold red on Schedule 1 attached hereto
and forming part of this bylaw and which is also shown outlined in bold blue
and labelled DA3 on Schedule 2 attached hereto and forming part of this
bylaw, from C5 TOURIST COMMERCIAL
CDC4 COMPREHENSIVE
DEVELOPMENT ZONE 4 DEVELOPMENT AREA 3;
to
v)
rezoning that portion of Lot A, Section 17, Township 22, Range 10, W6M
KDYD, Plan 14713 which portion is more particularly shown outlined in bold
red on Schedule 1 attached hereto and forming part of this bylaw and which
is also shown outlined in bold blue and labelled DA3 on Schedule 2 attached
hereto and forming part of this bylaw, from RR1 RURAL RESIDENTIAL to
CDC4 COMPREHENSIVE DEVELOPMENT ZONE 4 DEVELOPMENT AREA
3:
Bylaw No. 701-65
vi)
Page
I
rezoning the common property of Section 17 Township 22 Range 10 W6M
KDYD, Strata Plan KAS3359 which part is more particularly shown outlined in
bold red on Schedule 1 attached hereto and forming part of this bylaw and
which is also shown outlined in bold blue and labelled DA4 on Schedule 2
attached hereto and forming part of this bylaw, from C5 TOURIST
COMMERCIAL
CDC4 COMPREHENSIVE DEVELOPMENT ZONE 4
DEVELOPMENT AREA 4:
to
vii)
KDYD, Strata Plan KAS3359 which part is more particularly shown outlined in
bold red on Schedule 1 attached hereto and forming part of this bylaw and
which is also shown outlined in bold blue and labelled DAS on Schedule 2
attached hereto and forming part of this bylaw, from RR1 RURAL
RESIDENTIAL
CDC4 COMPREHENSIVE DEVELOPMENT ZONE 4
DEVELOPMENT AREA 5. and:
to
viii)
rezoning that part of Lot A, Section 17, Township 22, Range 10, W6M KDYD,
Plan 14713 which part is more particularly shown outlined in bold red on
and forming part of this bylaw, from RR1 RURAL RESIDENTIAL to CDC4
COMPREHENSIVE DEVELOPMENT ZONE 4 DEVELOPMENT AREA 5.
Bylaw No. 701-65
Page 9
2. This bylaw may be cited as "South Shuswap Zoning Amendment (Dan Baskill) Bylaw
No.
701-65."
READ a first time
this
READ a second time
this
21"'
day of
March
,2013.
'!4th
day of
November
,2013.
December
,2013.
PUBL| C HEARING held this stn
day
READ a third time this
day of
ADOPTED this
of
2014.
day of
2014.
CHIEF ADMINISTRATIVE OFFICER
CHAIR
as read a third time.
as adopted.
Bylaw No. 701-65
Page 10
SCHEDULE
I
(DAN BASKTLL) BYLAW NO. 70r-65
Bylaw No. 701-65
Page
11
SCHEDULE 2
(DAN BASKTLL) BYLAW NO. 70r-65
#l
"_1_i Rem.
n1121 sw1/4
_
LS 14
sE
1/4
LS 14
Rem. LS 6

BOARD REPORT - Columbia Shuswap Regional District

Transcription

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