regular agenda - regional district of north okanagan

REGIONAL DISTRICT OF NORTH OKANAGAN

ELECTORAL AREA ADVISORY COMMITTEE MEETING Thursday, January 6, 2011

10:30 am

REGULAR AGENDA

ELECTION OF CHAIR AND VICE CHAIR A. APPROVAL OF AGENDA

1. Regular Agenda – January 6, 2011

(Opportunity for Introduction of Late Items) RECOMMENDATION 1 That the Agenda of the January 6, 2011 Electoral Area Advisory Committee meeting be approved as presented.

B. ADOPTION OF MINUTES

1. Electoral Area Advisory Committee – December 21, 2010

RECOMMENDATION 2 Page 001 That the minutes of the December 21, 2010 Electoral Area Advisory Committee Meeting be adopted as circulated.

C. PETITIONS AND DELEGATIONS 1. Development Permit with Variances

MALONEY, W. & M. (File No. 10-0621-F-DVP and File No. 10-0612-F-DP) (See Item F.1 – Page 9)

2. Development Variance Permit Application

WALLY ANN HOLSTEIN LTD. (File No. 10-0713-F-DVP) (See Item F.2 – 6)

3. Agricultural Land Commission Application

PHILLIPS, A. c/o PHILLIPS, D. (File No. 10-0600-F-ALR) (See Item F.3 – Page 23)

Electoral Area Advisory Committee Agenda – Regular - 2 - January 6, 2011

D. REPORTS

1. Vernon / North Okanagan Safe Communities Unit

- Verbal update from Roy Morgan, Crime Prevention Program Coordinator RECOMMENDATION 3 That the verbal update from the Crime Prevention Program Coordinator be received for information.

2. Advisory Planning Commission Meetings

- Electoral Area “F” – Meeting of January 3, 2011 (minutes to be distributed at meeting)

E. UNFINISHED BUSINESS

1. Community Works Fund – Okanagan Regional Library

- Drilling Results and costs to be distributed at meeting At the December 8, 2010 meeting of the Board of Directors, the Electoral Area Directors consented to using up to $400,000 of Community Works Funds for the partial installation of a geothermal heating and cooling system for the Okanagan Regional Library in Vernon. Consequently, a resolution was passed that the project be funded from the Community Works Fund at a cost of up to $400,000.

F. NEW BUSINESS

1. Development Permit with Variances

MALONEY, W. & M. (File No. 10-0621-F-DVP and File No. 10-0612-F-DP) - Staff report dated December 17, 2010 RECOMMENDATION 4 Page 009 That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the property legally described as Lot 2, Sec 34, Twp 20, R8, W6M, KDYD, Plan 6354, located at 8558 Hwy 97A, Electoral Area “F” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1. Section 701(9)(a) of the Zoning Bylaw by reducing the exterior side yard setback

of a single family dwelling from 5.0 m to 4.5 m; and 2. Section 406(1) of the Zoning Bylaw by reducing the major road setback of a

single family dwelling from 37.5 m to 28.0 m; and further, That the Development Permit with Variances be issued subject to the following: 1. The dimensions and siting of the building to be constructed on the land be in

general accordance with the site plan attached to the Development Services Report dated December 17, 2010;

2. Prior to issuance of the Development Permit with Variances, a covenant be registered on the title of the subject property to provide that: a) no natural vegetation shall be removed or degraded within a horizontal

distance of 15 m from the natural boundary of Mara Lake nor shall any development occur which will preclude growth of natural vegetation except in


accordance with the written permission of Fisheries and Oceans Canada and the Ministry of Environment;

b) no building or structure or any part thereof, including any fixed equipment may be constructed, reconstructed, moved, extended or located, nor may any landfill, land clearing, or other disturbance take place on the subject property within a horizontal distance of 15 m of the natural boundary of Mara Lake;

c) any clearing and/or excavation or fill done on the subject property should be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life should not be deposited into Mara Lake and/or adjacent flood channels via ditches, storm sewers or overland flow, and all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life should be disposed of or placed in such a manner as to prevent their entry into Mara Lake.

3. The proposed development must be serviced with a potable water supply meeting the standards contained in the Drinking Water Protection Act and Regulation;

4. A means of sewage disposal that does not discharge directly into a waterbody or watercourse must be installed. The applicant must provide evidence that the filings required by the Sewerage System Regulation under the Health Act have been made, or that a holding tank permit has been issued, or that treated sewage effluent will be disposed of in accordance with the Environmental Management Act; and

5. Prior to the issuance of a Building Permit for the proposed single family dwelling, a storm water management plan must be prepared by a professional engineer to provide for the control of run-off from any parking areas, internal roadways, and buildings during and after the period of construction of any buildings. Storm water outlet facilities should not be installed directly into Mara Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. Storm water management systems should be consistent with the "Land Development Guidelines for the Protection of Aquatic Habitats" (Ministry of Water, Land and Air Protection and Department of Fisheries and Oceans, 1992), and may require approval by the Department of Fisheries and Oceans and/or the Ministry of Environment. The storm water management plan should also be consistent with the document titled Stormwater Planning: A Guide for British Columbia; and further,

That issuance of the Development Permit with Variances be withheld until the Regional District of North Okanagan receives notification from the Ministry of Environment that an assessment report has been received, demonstrating the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Areas Regulation.

2. Development Variance Permit Application

WALLY ANN HOLSTEIN LTD. (File No. 10-0713-F-DVP) - Staff report dated December 21, 2010 RECOMMENDATION 5 Page 016 That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as the Fractional NW ¼ of Sec 29, Twp 19, R8, W6M, KDYD, located at 7315 Hwy 97A, Electoral Area “F” to vary Section 406.1 of the


Regional District of North Okanagan Zoning Bylaw 1888, 2003 by reducing the major road setback of a single family dwelling from 37.5 m to 27.8 m as shown on the site plan attached to the Development Services Report dated December 21, 2010.

3. Agricultural Land Commission Application PHILLIPS, A. c/o PHILLIPS, D. (File No. 10-0600-F-ALR) - Staff report dated December 17, 2010 RECOMMENDATION 6 Page 023 That it be recommended to the Board of Directors that the application of Anna Phillips c/o Dennis Phillips under Section 21(2) of the Agricultural Land Commission Act to subdivide by homesite severance a 1.0 ha portion of the property legally described as That Part of the NW ¼ of Sec 24, Twp 19, R9, W6M, KDYD, Lying to the West of DL 526, KDYD, Except Plan 22534, located at 68 Old Sicamous Road, Electoral Area “F” be authorized for submission to the Agricultural Land Commission.

4. Bylaw 2472, 2011 - Grindrod Water Fees Imposition - Staff report dated December 14, 2010 RECOMMENDATION 7 Page 033 That it be recommended to the Board of Directors that Grindrod Water Fees Imposition Bylaw No. 2472, 2011 be given First, Second and Third readings; and further, That Grindrod Water Fees Imposition Bylaw No. 2472, 2011 be Adopted.

5. Bylaw, 2473, 2011 - Whitevale Water Fees Imposition - Staff report dated December 14, 2010 RECOMMENDATION 8 Page 042 That it be recommended to the Board of Directors that Whitevale Water Fees Imposition Bylaw No. 2473, 2011 be given First, Second and Third readings. RECOMMENDATION 9 That Whitevale Water Fees Imposition Bylaw No. 2473, 2011 be Adopted.

6. Bylaw, 2474, 2011 - Mabel Lake Domestic Water Service Fees Imposition - Staff report dated December 14, 2010 RECOMMENDATION 10 Page 051 That it be recommended to the Board of Directors that Mabel Lake Domestic Water Service Fees Imposition Bylaw No. 2474, 2011 be given First, Second and Third readings. RECOMMENDATION 11 That Mabel Lake Domestic Water Service Fees Imposition Bylaw No. 2474, 2011 be Adopted.


7. Bylaw, 2476, 2011 - Silver Star Water Fees Imposition - Staff report dated December 14, 2010 RECOMMENDATION 12 Page 059 That it be recommended to the Board of Directors that Silver Star Water Fees Imposition Bylaw No. 2476, 2011 be given First, Second and Third readings. RECOMMENDATION 13 That Silver Star Water Fees Imposition Bylaw No. 2476, 2011 be Adopted.

8. Official Community Plan and Land Use Regulatory Bylaws - Letter dated November 10, 2010 from the Ministry of Community, Sport and

Cultural Development RECOMMENDATION 14 Page 068 That the letter dated November 10, 2010 from the Ministry of Community, Sport, and Cultural Development regarding the trial waiver of ministerial approval of most Official Community Plan and land use regulatory bylaws be received for information.

9. Shuswap Lake Integrated Planning Process (SLIPP) Implementation - Letter dated December 9, 2010 from Township of Spallumcheen RECOMMENDATION 15 Page 070 That the letter dated December 9, 2010 from the Township of Spallumcheen regarding the Shuswap Lake Integrated Planning Process (SLIPP) Implementation by received for information.

10. Protective Services Update RECOMMENDATION 16 That the following topics be postponed until the January 6, 2011 Electoral Area Advisory Committee meeting: - Auto Aid Agreements - Expanded Fire Protection - Jaws Service - Operational Fuel Treatment

G. ADJOURNMENT

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE held in the Board Room at the Regional District Office on Tuesday, December 21, 2010

Members: Director R. Fairbairn Electoral Area "D" Chair Director M. Gavinchuk Electoral Area "B" Director E. Foisy Electoral Area "E" Director H. Halvorson Electoral Area “F” Staff: L. Mellott Acting General Manager, Corporate and Electoral Area Services G. Betts Administrator R. Smailes General Manager, Planning and Building D. Sewell General Manager, Finance R. Baker Community / Protective Services Manager L. Frank Sustainability Coordinator C. Walker Planning Technologist C. Howkins Senior Clerk, Corp & EA Services (taking Minutes) Others: Valerie Harrison Safe Communities Manager, City of Vernon Roy Morgan Crime Prevention Coordinator, City of Vernon Public

CALL MEETING TO ORDER The Chair called the meeting to order at 9:03 a.m. APPROVAL OF AGENDA Regular Agenda – December 21, 2010 Moved and seconded by Directors Halvorson and Foisy That the Agenda of the December 21, 2010 Electoral Area Advisory Committee meeting be approved with the following addition:

F.10 – Subdivision Bylaw (Verbal Update) CARRIED

ADOPTION OF MINUTES Electoral Area Advisory Committee – November 16, 2010 Moved and seconded by Directors Foisy and Gavinchuk That the minutes of the November 16, 2010 Electoral Area Advisory Committee Meeting be adopted as circulated.

CARRIED

EAAC - REGULAR AGENDA January 6, 2011 - Item B.1

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Electoral Area Advisory Committee Minutes – Regular - 2 - December 21, 2010

PETITIONS AND DELEGATIONS Brandt et al, c/o Jason R. Shortt – Waiver of Lot Frontage Requirement There was no one present to speak to this item. Norman, Melvyn & Carolyn – Development Permit with Variance Application There was no one present to speak to this item. Jade Bay Constructors Ltd. – Development Permit with Variance Application David Clays – property owner, gave some background on his property, advising that the clubhouse was a very important key to create ownership factor and pride in the community. H.S. Jansen & Sons Farm Ltd. c/o Gordon Huston, North Okanagan Valley Gleaners Society – Development Permit with Variance Application There was no one present to speak to this item. REPORTS Advisory Planning Commission Meetings Moved and seconded by Directors Gavinchuk and Foisy That the minutes of the following meetings be received for information: - Electoral Area "B" – Meeting of December 15, 2010 - Electoral Area "D" – Meeting of December 16, 2010 - Electoral Area "F" – Meeting of December 6, 2010

CARRIED Vernon / North Okanagan Safe Communities Unit The Crime Prevention Program Coordinator has put forward a recommendation that the report from the Vernon / North Okanagan Safe Communities Unit report be submitted quarterly. The General Manager, Corporate and Electoral Area Services advised the Committee that it is in the contract that the reports be submitted monthly and if these proposed changes are agreed to the contract would need to be changed. Moved and seconded by Directors Halvorson and Gavinchuk That the December 2010 Vernon / North Okanagan Detachment – Safe Communities Unit report be received for information.

CARRIED Sustainability Program Report Moved and seconded by Directors Halvorson and Foisy That the December Sustainability Report dated December 6, 2010 be received for information.

CARRIED Opposed: Director Gavinchuk


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UNFINISHED BUSINESS Splatsin Nation Referral Invoice Moved and seconded by Directors Gavinchuk and Halvorson That the letter dated November 22, 2010 from Ministry of Community, Sport, and Cultural Development regarding Splatsin First Nation invoices be received for information.

CARRIED Community Works Fund – Okanagan Regional Library The General Manager, Planning and Building advised that the initial phases of this project include exploratory drilling, assessments, and analysis of options. This information will be used by the geothermal engineers to determine the best system and cost estimates. Moved and seconded by Directors Gavinchuk and Foisy That the matter of Community Works Fund – Okanagan Regional Library be placed on the January 6, 2011 Electoral Area Advisory Committee meeting agenda.

CARRIED Regional District of North Okanagan Electoral Areas Annexation Impact Study Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that staff be directed to proceed with a Call for Proposals for the Regional District of North Okanagan Electoral Areas Annexation Impact Study.

CARRIED NEW BUSINESS Waiver of Lot Frontage Requirement BRANDT et al (File No. 10-0728-F-WVR) Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that the ten percent minimum lot frontage requirement of Section 804.7 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 be waived for the properties legally described as That Part of the Fractional SW ¼ of Sec 16, which lies to the South of the Shuswap River; Twp 19, R6, W6M, KDYD AND The N ½ of the NW ¼ of Sec 9, Twp 19, R6, W6M, KDYD located at 2980 and 2990 Enderby Mabel Lake Road, Electoral Area “F” by reducing the lot frontage of proposed Lots A and B from 231.01 m and 237.21 m to 0.0 m and 0.0 m respectively as shown on the subdivision plan attached to and forming part of Development Services Information Report dated November 24, 2010.

CARRIED


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Development Permit with Variance Application NORMAN, Dennis (File No. 10-0623-F-DP) The General Manager, Planning and Building, advised that written submissions had been received from Agricultural Land Owners, which indicated they were not opposed to the variance. Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Permit with variance be issued for the property legally described as Lot 71, District Lot 3945, ODYD, Plan 7720, located at 193 Mabel Lake Subdivision Road, Electoral Area “F” to vary Section 706(9)(d) of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the side yard setback of an accessory residential building from 2.0 m to 1.78 m subject to the following: 1. The dimensions and siting of the buildings on the land be in general accordance with the

site plan and building elevations attached to and forming part of Development Services Information Report dated November 22, 2010;

2. A covenant be registered on the title of the subject property to provide that: a) no natural vegetation shall be removed or degraded within a horizontal distance of 15 m

from the natural boundary of Mabel Lake nor shall any development occur which will preclude growth of natural vegetation except with the written authorization of Fisheries and Oceans Canada and the Ministry of Environment;

b) no building or structure or any part thereof, including any fixed equipment may be constructed, reconstructed, moved, extended or located, nor should any landfill, land clearing or other disturbance take place within a horizontal distance of 15 metres from the natural boundary of Mabel Lake;

3. The Regional District must approve a stormwater management plan as a condition precedent to the issuance of a building permit for the accessory building. The storm water management plan must be prepared by a professional engineer to provide for the control of run-off from any parking areas, internal roadways, and buildings during and after the period of construction of any buildings. Storm water outlet facilities should not be installed directly into Mabel Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. Storm water management systems should be consistent with the "Land Development Guidelines for the Protection of Aquatic Habitats" (Ministry of Water, Land and Air Protection and Department of Fisheries and Oceans, 1992), and may require approval by the Department of Fisheries and Oceans and/or the Ministry of Environment. The storm water management plan should also be consistent with the document titled Stormwater Planning: A Guide for British Columbia; and further,

That issuance of the Development Permit with variance be withheld until the Regional District of North Okanagan receives notification from the Ministry of Environment that an assessment report has been received, demonstrating that the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Area Regulations.

CARRIED Development Permit with Variance Application Jade Bay Constructors Ltd. (File No. 10-0577-B-DP) Moved and seconded by Directors Gavinchuk and Halvorson That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Permit with Variance be issued for the property legally described as Lot 1, Sec 14, Twp 8, ODYD, Plan KAP83770, located at 6525 Highway 97, Electoral Area “B” to allow a variance to Section 504.9.c of the Regional District of North


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Okanagan Zoning Bylaw No. 1888, 2003 by reducing the rear yard setback of a building from 7.5 m to 3.0 m subject to the following:

1. the dimensions and siting of the buildings and parking spaces to be constructed on the land be in general accordance with the site plan attached to and forming part of Development Services report dated December 3, 2010;

2. the form and character of the proposed buildings to be constructed on the land be in general accordance with the elevations attached to and forming part of Development Services report dated December 3, 2010;

3. landscaping to be installed on the land be in general accordance with the site plan and plant list attached to and forming part of Development Services report dated December 3, 2010;

4. building-mounted signs may not exceed a height of 0.8 m, with the exception of one highway-oriented sign which may have a maximum height of 2 m;

5. a storm water management system shall be prepared by a professional engineer to provide for the control of run-off from parking areas, internal roadways, and buildings during and after the period of construction. Storm water outlet facilities shall not be installed directly into Swan Lake or into any wetland, tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented.

6. on-site sewage disposal systems must be designed by a professional engineer and be capable of being hooked up to a municipal system when such a system becomes available. The maximum daily sewage flow for an on-site system may not exceed 1400 litres; and further,

That prior to issuance of the Development Permit with Variance: 1. security be provided in an amount equal to 1.25 times the estimated cost of the paving

and curbing the parking areas and installing landscaping. Estimates are to be prepared by qualified paving and landscaping contractors.

2. Covenant KW058663 is required to be modified to prohibit any fee simple or bare land strata subdivision of the subject property only.

CARRIED Development Permit with Variance Application H.S. Jansen & Sons Farm Ltd. c/o Gordon Huston, North Okanagan Valley Gleaners Society (File No. 10-0551-D-DVP) Moved and seconded by Directors Foisy and Gavinchuk That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the properties legally described as Lots 1 and 2, District Lots 434 and 435, ODYD, Plan KAP55683, located at 973 and 1051 Whitevale Road, Electoral Area “D” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1. Sections 406.2 and 604.6.b by reducing the major road and front yard setbacks from 42.5 m

to 30.75 m and 30 m to 17.5 m respectively as shown on the site plan attached to and forming part of Development Services Information Report dated December 3, 2010;

2. Section 604.6.c by reducing the rear yard setback from 8 m to 7.5 m as shown on the site plan attached to and forming part of Development Services Information Report dated December 3, 2010;

3. Section 1101.2.b by reducing the manoeuvring aisle width from 8 m to 6.3 m as shown on the site plan attached to and forming part of Development Services Information Report dated December 3, 2010;

4. Sections 1101.2.e.iii, 1101.2.f and 1101.2.h by waiving the requirement that parking areas be paved and provided with curbs;

5. Section 1201.5 by allowing loading spaces to be located in the front yard area;


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6. Section 1201.6.c and 1201.6.d by waiving the requirement that loading areas be paved and provided with curbs;

7. Section 1501.2.a.iii by waiving the requirement for a 3 metre wide landscaped buffer area along Whitevale Road where parking stalls are provided next to Whitevale Road as shown on the site plan attached to and forming part of Development Services Information Report dated December 3, 2010; and further,

That issuance of a Development Permit with Variance for the properties legally described as Lots 1 and 2, District Lots 434 and 435, ODYD, Plan KAP55683, located at 973 and 1051 Whitevale Road, Electoral Area “D” be subject to the following: 1. the dimensions and siting of the buildings, parking and loading areas on the land be in

general accordance with the site plan attached to and forming part of Development Services Information Report dated December 3, 2010;

2. the exterior design and finish of the buildings on the land be in general accordance with the photographs attached to and forming part of Development Services Information Report dated December 3, 2010;

3. the existing grass, trees and shrubs located within 3 metre of Whitevale Road is to be retained. Two trees are to be planted within 3 metres of Whitevale Road near the southeast corner of the property and three trees are to be planted within 3 metres near the R.V. campsite area. Fencing is to be provided between the parking area and Whitevale Road;

4. parking and loading areas must be gravelled, graded to provide an even surface and prevent surface water accumulation, kept free of weeds and treated to suppress dust; and

5. recreational vehicle parking spaces must have a length of no less than 12 m and a width of no less than 4 m. Maneuvering aisles providing access to such spaces must have a width of no less than 12 m.

CARRIED Internet in Cherryville A community petition for Rural Lumby and Cherryville Invite Telus to Activate their Broadband Internet was submitted. Moved and seconded by Directors Halvorson and Gavinchuk That the letter dated December 2, 2010 to Eric Foster, Vernon-Monashee MLA regarding high-speed internet access in Cherryville be received for information.

CARRIED Electoral Area Directors Meeting

Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that the attendance and any costs related thereto of the Electoral Area Directors at the Electoral Area Directors Meeting scheduled for February 15-16, 2011 in Richmond, BC be authorized.

CARRIED Opposed: Director Gavinchuk

Application for Community Infrastructure Funds – White Valley Recreation Facilities

Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that community infrastructure funds in the amount of $124,525.00 be made available for improvements to White Valley recreation facilities.

CARRIED


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Protective Services Update Moved and seconded by Directors Halvorson and Foisy That it be recommended to the Board of Directors that the Fire Service Review Report dated October 2010 be received; and further, That staff recommendations contained in the report from the Community Protective Services Manager dated December 9, 2010 entitled “Fire Services Review – Staff Recommendations” related to implementation and timelines be endorsed.

CARRIED Director Halvorson left the meeting at 11:35 a.m. Moved and seconded by Directors Foisy and Halvorson That the following topics be postpone until the January 6, 2011 Electoral Area Advisory Committee meeting: - Auto Aid Agreements - Expanded Fire Protection - Jaws Service - Operational Fuel Treatment

CARRIED

Budget Discussion The General Manager, Finance gave a verbal update regarding budget development and some of the challenges specifically with Electoral Areas. Discussion took place regarding revenue and expenditures for 2011. He noted that there was a commitment to phase out funding, however the current economic conditions may necessitate use of reserves as a buffer. Subdivision Bylaw The General Manager, Planning and Building advised that preparation of a new Subdivision Bylaw is underway which will be brought forward for consideration at the February 2, 2011 Electoral Area Advisory Committee meeting. IN CAMERA Moved and seconded by Directors Gavinchuk and Foisy That, pursuant to Section 92 of the Community Charter, the regular meeting of the Electoral Area Advisory Committee convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(a) of the Community Charter.

CARRIED

The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at 12:00 p.m. The regular meeting of the Electoral Area Advisory Committee reconvened at 12:30 p.m.


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ADJOURNMENT There being no further business, the meeting was adjourned at 12:30 p.m. Certified Correct:

Chair

Corporate Officer


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F:\3000-3699 LAND ADMIN\3067 - AREA F\3067 - APPLICATIONS\DVP\2010\10-0621-F-DVP - MALONEY\10-0621-F-DVP - MALONEY - Info Sheet.docx

REGIONAL DISTRICT

of NORTH OKANAGAN

DEVELOPMENT SERVICES INFORMATION REPORT

DEVELOPMENT PERMIT WITH VARIANCE APPLICATION

DEVELOPMENT SERVICES RECOMMENDATIONS: That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the property legally described as Lot 2, Sec 34, Twp 20, R8, W6M, KDYD, Plan 6354, located at 8558 Hwy 97A, Electoral Area “F” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1. Section 701(9)(a) of the Zoning Bylaw by reducing the exterior side yard setback of a single

family dwelling from 5.0 m to 4.5 m; and 2. Section 406(1) of the Zoning Bylaw by reducing the major road setback of a single family

dwelling from 37.5 m to 28.0 m; and further That the Development Permit with Variances be issued subject to the following: 1. The dimensions and siting of the building to be constructed on the land be in general

accordance with the site plan attached to the Development Services Report dated December 17, 2010;

2. Prior to issuance of the Development Permit with Variances, a covenant be registered on the title of the subject property to provide that:

Date: December 17, 2010

File No.: 10-0621-F-DVP / 10-0612-F-DP

Applicant: Maloney Contractors Ltd c/o Wayne & Merina Maloney

Legal Description: Lot 2, Sec 34, Twp 20, R8, W6M, KDYD, Plan 6354

P.I.D.# 010-148-736

Civic Address: 8558 Hwy 97A

Property Size: 0.15 ha (0.37 acres)

Servicing: Mara Lake water intake / on-site septic sewage disposal

Zoning: Residential Single Family (R.1)

O.C.P. Designation: Residential / Development Permit Area

Proposed Use: Construction of single family dwelling requiring a variance to the major road and exterior side yard setback requirements.

EAAC - REGULAR AGENDA January 6, 2011 - Item F.1

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Development Variance Permit Application 10-0621-F-DVP / 10-0612-F-DP (8558 Highway 97A) Page 2

a) no natural vegetation shall be removed or degraded within a horizontal distance of 15 m from the natural boundary of Mara Lake nor shall any development occur which will preclude growth of natural vegetation except in accordance with the written permission of Fisheries and Oceans Canada and the Ministry of Environment;

b) no building or structure or any part thereof, including any fixed equipment may be constructed, reconstructed, moved, extended or located, nor may any landfill, land clearing, or other disturbance take place on the subject property within a horizontal distance of 15 m of the natural boundary of Mara Lake;

c) any clearing and/or excavation or fill done on the subject property should be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life should not be deposited into Mara Lake and/or adjacent flood channels via ditches, storm sewers or overland flow, and all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life should be disposed of or placed in such a manner as to prevent their entry into Mara Lake.

3. The proposed development must be serviced with a potable water supply meeting the standards contained in the Drinking Water Protection Act and Regulation;

4. A means of sewage disposal that does not discharge directly into a waterbody or watercourse must be installed. The applicant must provide evidence that the filings required by the Sewerage System Regulation under the Health Act have been made, or that a holding tank permit has been issued, or that treated sewage effluent will be disposed of in accordance with the Environmental Management Act; and

5. Prior to the issuance of a Building Permit for the proposed single family dwelling, a storm water management plan must be prepared by a professional engineer to provide for the control of run-off from any parking areas, internal roadways, and buildings during and after the period of construction of any buildings. Storm water outlet facilities should not be installed directly into Mara Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. Storm water management systems should be consistent with the "Land Development Guidelines for the Protection of Aquatic Habitats" (Ministry of Water, Land and Air Protection and Department of Fisheries and Oceans, 1992), and may require approval by the Department of Fisheries and Oceans and/or the Ministry of Environment. The storm water management plan should also be consistent with the document titled Stormwater Planning: A Guide for British Columbia; and further

That issuance of the Development Permit with Variances be withheld until the Regional District of North Okanagan receives notification from the Ministry of Environment that an assessment report has been received, demonstrating the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Areas Regulation. BACKGROUND: This report relates to an application for a Development Permit with Variances for the property located at 8558 Highway 97A. The applicant is proposing to restore portions of the property adjacent to Mare Lake that have recently been altered and to construct a single family dwelling. The Electoral Area “F” Official Community Plan (OCP) designates lands within an adjacent strip of 30 m from the natural boundary of Mara Lake as a Development Permit Area for the Protection of the Natural Environment. As such, approval of a Development Permit is required to authorize the proposed restoration works and the issuance of a Building Permit. The single


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Development Variance Permit Application 10-0621-F-DVP / 10-0612-F-DP (8558 Highway 97A) Page 3 family dwelling also requires a variance from the 37.5 m major road (Hwy 97A) and 5.0 m exterior side yard setback provisions of the Regional District Zoning Bylaw as the dwelling is proposed to be constructed 28 m from the centre line of Hwy 97A and 4.5 m from the exterior side lot line of the property. Site Context and the Proposal The subject property is located on the east shore of Mara Lake approximately 400 m south of the Columbia-Shuswap Regional District boundary. The 0.15 ha property is irregularly shaped, generally flat and predominantly forested. Access to the property is from Highway 97A. The property is bordered on the east side by a strip of closed road averaging 5.8 m wide and situated between the property and Highway 97A. The south side of the property is immediately adjacent to an unconstructed lake access highway right-of-way. The property to the north is developed with a single family dwelling and to the west is Mara Lake. The subject and surrounding properties are zoned Residential Single Family (R.1). The applicant is proposing to construct a single family dwelling that would have a main floor area of 148.6 m2 (1,600 ft2) and a balcony area of 36.5 m2 (393 ft2) on the west side of the building. The proposed location of the dwelling has been chosen in an effort to comply with the setback requirements of the Riparian Areas Regulation, the Regional District Zoning Bylaw and the Ministry of Transportation & Infrastructure, while at the same time minimizing the requested setback variances related to the centreline of Highway 97A and the exterior side lot line of the property. The applicant has submitted a report dated September 8, 2010 prepared by EBA Engineering Consultants Ltd. The report outlines a restoration plan for the lands that have been altered on the property and confirms that the location of the proposed single family dwelling complies with the Riparian Areas Regulation. ELECTORAL AREA “F” OFFICIAL COMMUNITY PLAN: The Electoral Area “F” OCP designates the land use of the subject property as Residential. The OCP also designates Hwy 97A as a Major Road. The OCP does not provide any Residential Policies that are applicable to this application, although it does provide applicable Transportation Policies as outlined below: Transportation Policies 1. The existing and proposed major roads are endorsed as the long term major routes for

movement of traffic, and shall have a minimum width of 25 m. 2. The function of Hwy 97A and 97B as major trunk highways shall be maintained, and a right-

of-way of sufficient width shall be allowed for this function. 3. Access to crown lands and waterbodies shall be provided wherever possible under the

appropriate subdivision regulations in which environmental issues must be addressed by the appropriate approval agency.


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Development Variance Permit Application 10-0621-F-DVP / 10-0612-F-DP (8558 Highway 97A) Page 4 The Shuswap River Watershed Policies The Shuswap River, Mara Lake and Mabel Lake and their tributary watercourses and the lands within an adjacent strip of 30 m from the natural boundary of each water body are designated as a Development Permit Area for the Protection of the Natural Environment. All new development within these designated areas requires a Development Permit as a condition precedent to subdivision approval, building permit issuance or land alteration. On reviewing a Development Permit application, the Regional Board is to consider the following guidelines: 1. A covenant should be required to be registered on the title of the subject property to provide

that no natural vegetation shall be removed or degraded within a horizontal distance of 15 m from the natural boundary of the affected water body nor shall any development occur which will preclude growth of natural vegetation except with the written authorization of Fisheries and Oceans Canada and the Ministry of Environment.

2. No dumping, landfills, or other form of vegetation removal should be permitted to occur within the area described above unless otherwise noted in the Covenant.

3. No building or structure, or any part thereof, including any fixed equipment or modular home, should be constructed, reconstructed, moved, extended or located, nor should any landfill, land clearing or other disturbance take place within a horizontal distance of 15 metres from the appropriate datum (natural boundary, top of bank, etc.) applicable to the affected water body.

4. Those areas of the subject property that are located within the covenant areas described in above should be fenced to prohibit livestock access thereto in order to prevent damage to riparian vegetation, to maintain the bed and banks of the affected water body and/or adjacent flood channels, and to maintain water quality, but only if livestock were to be raised on the subject property. Notwithstanding this provision, fencing will not necessarily be prohibited within the 15 m riparian area for lands that are located in the Agricultural Land Reserve and fencing of the 15 m riparian area will not be required to exclude livestock where the riparian area is not threatened or alternatives to fencing are identified.

5. The Covenantor should ensure that any clearing and/or excavation or fill done on the subject property should be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life should not be deposited into the affected water body and/or adjacent flood channels via ditches, storm sewers or overland flow, and the Covenantor should further ensure that all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life should be disposed of or placed in such a manner as to prevent their entry into any stream, water course or storm sewer system.

6. The proposed development must be serviced with a potable water supply meeting the requirements of DIVISION XIV - SERVICES - POLICIES - Potable Water Supply. If a water intake is required into a watercourse, lake or pond then the plans for construction should be submitted to Fisheries and Oceans Canada for their comments prior to construction.

7. A filtration system and ultra violet disinfection system should be provided where water is proposed to be drawn from Mabel Lake given that the Interior Health Authority has advised that the water quality of that Lake is questionable.

8. A means of sewage disposal that does not discharge directly into a waterbody or watercourse shall be installed for all developments. The applicant must provide evidence that the filings required by the Sewerage System Regulation under the Health Act have been made, or that a holding tank permit has been issued, or that treated sewage effluent will be disposed of to ground in accordance with the Environmental Management Act.


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REGIONAL DISTRICT

of NORTH OKANAGAN


DEVELOPMENT VARIANCE PERMIT APPLICATION

DEVELOPMENT SERVICES RECOMMENDATIONS: That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as the Fractional NW ¼ of Sec 29, Twp 19, R8, W6M, KDYD, located at 7315 Hwy 97A, Electoral Area “F” to vary Section 406.1 of the Regional District of North Okanagan Zoning Bylaw 1888, 2003 by reducing the major road setback of a single family dwelling from 37.5 m to 27.8 m as shown on the site plan attached to the Development Services Report dated December 21, 2010. BACKGROUND: This report relates to an application for a Development Variance Permit for the property located at 7315 Highway 97A. The applicant is proposing to reconstruct an existing single family dwelling located on the property. The reconstruction of the dwelling requires a variance from the 37.5 m major road (Hwy 97A) setback provision of the Regional District Zoning Bylaw as it is proposed to be setback 27.8 m from the centre line of Hwy 97A.


File No.: 10-0713-F-DVP

Applicant: Wally Ann Holsteins Ltd. c/o Walter Crandlemire

Legal Description: The Fractional NW ¼ of Sec 29, Twp 19, R8, W6M, KDYD

P.I.D.# 013-812-203

Civic Address: 7315 Hwy 97A

Property Size: 63.94 ha (158 acres)

Servicing: On-site well water and septic sewage disposal

Zoning: Non-Urban (N.U)

O.C.P. Designation: Non-Urban and Agricultural / Development Permit Area

Proposed Use: Second dwelling for family member / farm help

Proposed Variation: Construction of single family dwelling requiring a variance to the major road setback requirements.


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Development Variance Permit Application 10-0713-F-DVP (Wally Ann Holsteins Ltd.) Page 2 Previous Development Applications On October 6, 2010, the Board of Directors authorized the Building Inspection Department to accept a Building Permit for the reconstruction of the subject single family dwelling through an application for a second dwelling under Section 20(3) of the Agricultural Land Commission Act. On June 11, 2008, the issuance of a Building Permit for the construction of a dairy barn on the subject property was authorized by the Regional District through the issuance of a Development Permit for the Protection of the Natural Environment (Shuswap River) and the Protection of Development from Hazardous Conditions (Floodplain). Site Context and the Proposal The subject property is located approximately 3 km north of Grindrod on the east side of the Shuswap River. Highway 97A crosses through the northwest corner of the property. The portion of the property on the north side of Hwy 97A is vacant of buildings and is currently used for the production of forage crops. With the exception of the treed and sloping easterly quarter of the property, the remaining portion of the property is used for the production of forage crops and contains two single family dwellings and several barn buildings. Access to the two dwellings and the farm buildings is gained from a driveway that connects to Highway 97A. Two tributaries to the Shuswap River run through the property, including one that travels in a south to north direction along the east side of the property and one that travels in a west to east direction along the north side of the property. The subject property is zoned Non-Urban (N.U) and is designated in the Electoral Areas “F” Official Community Plan as Agricultural and Non Urban. The N.U designated portion of the property is located on the east side of the property and is not located in the ALR. Both of the dwellings are located on the remaining Agricultural designated portion, which is located in the ALR. The properties to the west and south are in the ALR and are designated Agricultural and zoned Non-Urban (N.U). To the east is non-ALR forested Crown land which is zoned and designated Non-Urban (N.U). Hwy 97A is designated in the OCP as a Major Road. Due to its deteriorating conditions, the owners are proposing to replace the foundation and renovate one of the existing houses located on the property. The renovated house would be located in the same area as the existing one. The new foundation would be constructed to meet the floodplain construction levels specified for the area. As shown on the attached site plan, the setback from Highway 97A to the outer foundation wall would be 27.8 m from centerline of the Highway 97A. Access to the dwelling would continue to be gained from the existing driveway that connects to Hwy 97A. OFFICIAL COMMUNITY PLAN: As noted above, the Electoral Area “F” OCP designates the land use of the subject property as Agricultural and Non-Urban and Hwy 97A as a Major Road. The following OCP Policies are applicable to this application:


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Development Variance Permit Application 10-0713-F-DVP (Wally Ann Holsteins Ltd.) Page 3 Agricultural Policies 1. All uses of agricultural land, except those exempted under Part 2 and Part 5 respectively of

the Agricultural Land Reserve Use, Subdivision and Procedure Regulation BC Reg. 171/2002, shall be in accordance with the provisions of the Agricultural Land Commission Act, Regulations thereto, and the Orders of the Commission.

Transportation Policies 1. The existing and proposed major roads designated are endorsed as the long term major

routes for movement of traffic and shall have a minimum width of 25 m. The location of these routes within the Agricultural Land Reserve is not to be construed as having the endorsement of the Agricultural Land Commission. The construction, upgrading, or dedication of these routes may not proceed without the approval of the Commission.

2. The function of Highways No. 97A as major trunk highways shall be maintained and a right-of-way of sufficient width shall be allowed for this function.

Development Permit Area - Protection of the Natural Environment (Shuswap River) The OCP designates the portion of the subject property within an adjacent strip of 30 m from the Shuswap River and its tributaries as a Development Permit Area for the Protection of the Natural Environment. As the development proposal does not affect these areas, a Development Permit application in this regard is not required. Development Permit Area - Protection of Development from Hazardous Conditions (Floodplain) The OCP designates the northwest portion of the subject property, including the area containing the existing houses and farm buildings, as a Development Permit Area for the Protection of Development from Hazardous Conditions (Floodplain). As the owner is proposing to construct a farm dwelling on a property that is larger than 8 ha, a Development Permit application in this regard is not required, provided the underside of the floor system of the building meets the Flood Construction Level requirements of the Zoning Bylaw. Development Permit Area – Protection of Development from Hazardous Conditions (Wildfire) The OCP designates the easterly portion of the subject property as a Development Permit Area for the Protection of Development from Hazardous Conditions (Wildfire). As the development proposal does not affect this area, a Development Permit application in this regard is not required. ZONING BYLAW: The subject property is zoned Non Urban (N.U). Uses permitted in the N.U zone include accessory farm sales, intensive agricultural uses, resource uses, bed and breakfast uses, boarding house uses, fruit and produce pickers’ cabins and work force housing units, home occupations uses, packing houses, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. The number of dwellings allowed per lot in the N.U zone may not exceed: 1. one single family dwelling or one two family dwelling or one manufactured home; and


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Development Variance Permit Application 10-0713-F-DVP (Wally Ann Holsteins Ltd.) Page 4 2. for lands that are located within the ALR, additional single family dwellings shall not be

permitted unless the owner has first submitted an application to the ALC; and 3. one ancillary single family dwelling or one manufactured home on land in and out of the

ALR, subject to the dwelling or manufactured home not exceeding a gross floor area of 75 m2 (807.3 ft2) exclusive of attached open carports and open porches, shall not include a basement, shall not include habitable space in an attic, and shall not be permitted on lots smaller than 2 ha (4.942 acres).

The proposal as compared to the N.U zone setback requirements are as follows:

CRITERIA PROPOSAL ZONE REQUIREMENTS Setbacks (min.)

- Front (Hwy 97A) 17.8 m 7.5 m - Centreline of Hwy 97A 27.8 m 37.5 m - Rear >600 m 7.5 m

- East Side >300 m 4.5 m - West Side >450 m 4.5 m The required front yard setback in the N.U. zone is 7.5 m which the proposed dwelling meets at being 17.8 m from the property boundary fronting Hwy 97A. In addition to the front yard setback, and as Highway 97A is designated as a major road, there is also a minimum 30 m setback required from the centerline of the highway. Therefore the major road setback requirement of 37.5 m requires a variance of 9.7 m to allow a 27.8 m setback for the dwelling. Floodplain Management Provisions The purpose of the floodplain management provisions is to reduce the risk of injury, loss of life, and damage to buildings and structures due to flooding. Section 1701.3 of the Zoning Bylaw requires that for the subject property, the underside of any floor system, or the top of any pad supporting any space or room that is used for farm dwelling purposes must be at or above the lesser of 351.8 m GSC datum or 1 m above the natural ground elevation taken at any point on the perimeter of the building. PLANNING ANALYSIS: Development Services raises no objections to the proposed Development Variance Permit and recommends it be given favourable consideration. To allow the existing farm dwelling to be reconstructed in its current location, the applicant is requesting a reduction to the required setback from the centreline of Highway 97A. Keeping the dwelling in its current location allows the owner to continue to use the existing driveway and utility services to the dwelling and limits the impact on the agricultural use of the property. The proposed dwelling has been authorized for construction by the Regional Board through an application under Section 20(3) of the Agricultural Land Commission Act and the Ministry of Transportation and Infrastructure has advised that they have no objection to the proposed setback variance. Overall, the proposal complies with the Policies of the Electoral Area “F” OCP and it does not appear that the proposed setback variance would negatively impact the use and enjoyment of the subject and neighbouring properties.


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REGIONAL DISTRICT

of NORTH OKANAGAN


APPLICATION UNDER SECTION 21(2) OF THE AGRICULTURAL LAND COMMISSION ACT

DEVELOPMENT SERVICES RECOMMENDATIONS: That it be recommended to the Board of Directors that the application of Anna Phillips c/o Dennis Phillips under Section 21(2) of the Agricultural Land Commission Act to subdivide by homesite severance a 1.0 ha portion of the property legally described as That Part of the NW ¼ of Sec 24, Twp 19, R9, W6M, KDYD, Lying to the West of DL 526, KDYD, Except Plan 22534, located at 68 Old Sicamous Road, Electoral Area “F” be authorized for submission to the Agricultural Land Commission. BACKGROUND: The subject application proposes to subdivide a 1.0 ha portion of the property located at 68 Old Sicamous Road for the purpose of creating a homesite lot under Section 946 of the Local Government Act. As the proposed homesite lot is partially located in the Agricultural Land Reserve (ALR), approval under Section 21(2) of the Agricultural Land Commission (ALC) Act is required in order to create the proposed homesite lot. The owner qualifies for a homesite severance application as she has continuously owned and occupied the subject property as her principal place of residence since prior to the December 21, 1972.


File No.: 10-0600-F-ALR

Applicant: Anna Phillips c/o Dennis Phillips

Legal Description: That Part of the NW ¼ of Sec 24, Twp 19, R9, W6M, KDYD, Lying to the West of DL 526, KDYD, Except Plan 22534

P.I.D.# 013-914-057

Civic Address: 68 Old Sicamous Road

Property Size: 8.09 ha (19.98 acres) on BC Assessment Roll 7.90 ha (19.52 acres) from BCLS sketch plan

Soil Classification: Class 1, 5 and 7

Zoning: Non-Urban (N.U)

O.C.P. Designation: Non-Urban / Agricultural / Major Road / Floodplain

Proposed Use: Homesite severance subdivision in the ALR.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 2 Site Context and the Proposal The subject property is located on the east side of Grandview Bench Road. An undedicated portion of Old Sicamous Road crosses through the east side of the property in a southwest to northeast direction. Along the east lot line there is a dedicated and unconstructed road running north to south. Along the south property line is a dedicated portion of Carlin Orchards Road which is unconstructed on the west side of Old Sicamous Road and constructed on the east side. Near the centre of the property is a single family dwelling, barn and a garage which are accessed by two driveways on the west side of Old Sicamous Road. The property slopes gently downwards from west to east. The portion of the property on the west side of Old Sicamous Road is used as pasture and the portion on the east side is used to grow alfalfa. The water source for the property is a spring located on a property across Grandview Bench Road. There is an easement registered for the water line. The subject property has 6.6 ha of land in the ALR, with a 1.49 ha portion adjacent to Grandview Bench Road located outside of the ALR. The properties to the north, south, and east are located in the ALR. The subject and surrounding properties are zoned Non-Urban (N.U). Below is an ortho (air) photo of the property taken in the year 2000.

As shown on the attached subdivision plan, the applicant is proposing to subdivide a 1.0 ha lot from the northwest corner of the subject property. The lot would have 106.7 m of frontage along Grandview Bench Road. The ALR boundary would cross through the middle of the proposed lot, leaving 0.47 ha of the lot within the ALR. The remainder lot would be approximately 6.9 ha in size and would contain all of the buildings currently located on the property. Access to these buildings would continue to be gained from the existing driveways on Old Sicamous Road. The remainder lot would continue to have frontage along Grandview Bench Road.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 3 Agricultural Capability of the Subject Property The Canada Land Inventory agricultural capability classification system groups land into seven classes according to the land’s potential and limitations for agricultural use depending on soil and climate characteristics. Class 1 land is capable of producing the very widest range of crops whereas Class 7 land has no capability for soil bound agriculture. As the class numbers increase from Class 1 to 7, the range of crops decreases. Associated with each class is a subclass that identifies limitations or special management practices needed to improve the soil. The classification usually gives land two ratings: unimproved and improved. Unimproved ratings describe the land in its native condition. Improved ratings indicate the land’s potential once management practises have been implemented, such as irrigation, stone removal or drainage. The Inventory rates the east side of the property as Class 1, which is capable of producing the very widest range of crops. Soil and climate conditions are optimum, resulting in easy management. The west side of the property is rated as 60% Class 5 and 40% Class 7 with no improved rating. Class 5 land is capable of production of cultivated perennial forage crops and specially adapted crops. Soil and climate conditions severely limit capability. Class 7 land has no capability for soil bound agriculture. The subclasses associated with the lands are identified as topography, stoniness and adverse climate. Agricultural Land Commission Policy No. 11 – Homesite Severance on ALR Lands The ALC has adopted the following guidelines to provide a consistent approach to the consideration and approval of homesite severance applications: 1. A once only severance may be permitted where the applicant submits documentary

evidence that he or she has continuously owned and occupied the property as his or her principal place of residence since December 21, 1972.

2. Where an application for a homesite severance has had a previous subdivision application approved by the ALC resulting in the creation of a separate parcel, the ALC may consider the previous approval as having fulfilled the objectives of the Homesite Severance Policy and may deny any further consideration under the Homesite Severance Policy.

3. An application for a homesite severance will be considered only where the applicant submits documentary evidence showing a legitimate intention to sell the remainder of the property.

4. There will be cases where the ALC considers that good land use criteria rule out any subdivision of the land because subdivision would compromise the agricultural integrity of the area, and the ALC must therefore exercise its discretion to refuse the homesite severance. Where the ALC decides to allow a homesite severance, there are two options: a) the existing homesite may be created as a separate parcel where it is of a minimum size

compatible with the character of the property (plus a reasonable area, where required, for legal access purposes); or

b) where the location of the existing homesite is such that the creation of a parcel encompassing the homesite would, in the ALC’s opinion, create potential difficulty for the agricultural operation or management of the remainder, the ALC may, as it deems appropriate, approve the creation of a parcel elsewhere on the subject property.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 4 5. The remainder of the subject property after severance of the homesite must be of a size and

configuration that will, in the ALC’s opinion, constitute a suitable agricultural parcel. Where, in the ALC’s opinion, the remainder is of an unacceptable size or configuration from an agricultural perspective, there are three options: a) the ALC may deny the homesite severance; b) the ALC may require that the remainder be consolidated with an adjacent parcel; or c) the ALC may require the registration of a covenant against the title of the remainder and

such a covenant may prohibit the construction of dwellings. 6. A condition of every homesite severance approved by the ALC shall be an order stipulating

that the homesite is not to be resold for five years except in the case of estate settlements. 7. Where a homesite severance application has been approved by the ALC, local governments

are encouraged to handle the application in the same manner as an application under Sec. 946 of the Local Government Act insofar as compliance with local bylaws is concerned.

Regional District of North Okanagan Policy No. LU012 – Homesite Severance Policy The above noted Policy states that homesite severance subdivision applications to the ALC should be considered on their own merits and the Regional Board may abandon or depart from the following established guidelines based on these merits: 1. Section 946 subdivisions within an ALR should not be authorized unless the subject

property has been owned by the applicant prior to the enactment of the ALC Act on December 21, 1972. Owners who purchased their land after the Act came into effect should not have any expectations of approval of any subdivision of their land.

2. Section 946 subdivisions should not be authorized where the property is owned by a limited company unless the company is owned by a family that resides on the subject property.

3. Section 946 subdivisions within an ALR should be located on land where soils have a lower capability rating for agricultural uses; near existing small lots within the vicinity of the proposed subdivision; and not near existing intensive agricultural operations in the area.

4. The density provisions of the Regional District Zoning Bylaw should be respected whereby the remnant lot following a Section 946 subdivision should meet the minimum lot size standard of the zone in which the property is located and further, if the lot is classified as a farm for assessment and taxation purposes, the remnant lot should be at least 2 ha.

5. The minimum lot size for a parcel being created should be 1 ha to reflect the minimum lot area requirement of the Ministry of Community, Aboriginal and Women’s Services applicable to lots serviced with on-site septic tank effluent disposal systems.

6. Notwithstanding the minimum lot standard cited above, the maximum lot size for the parcel being created pursuant to Section 946 should be the smallest possible land area necessary to incorporate an existing residence; accessory residential buildings that are located in close proximity to the existing residence; and the access driveway, well and septic tank effluent disposal system servicing the existing residence. Larger, vacant lots may also be approved where necessary in order to provide a suitable building site meeting the setback, site coverage and site servicing requirements of the Regional District Zoning and Subdivision Servicing Bylaws in force from time to time.

7. Road dedication for widening an existing public road should be required across the entire frontage of the subject property, but should be the smallest possible land area necessary to satisfy the Ministry of Transportation requirements.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 5 8. If an application is not authorized, the applicant should be allowed to make representations

to the Regional Board or Committee respecting matters contained in the application and the applicant should be afforded a reasonable opportunity to be heard or to present written submissions on matters contained in the application.

OFFICIAL COMMUNITY PLAN: The subject property is designated in the Electoral Area “F” Official Community Plan as Agricultural for the 6.6 ha ALR portion of the property and Non-Urban for the remaining non-ALR portion adjacent to Grandview Bench Road. In accordance with these designations, the following Policies are to be considered for this application: Agricultural Policies 1. All use and subdivision of agricultural land, except those exempted under Part 2 and Part 5

respectively of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002 shall be in accordance with the provisions of the Agricultural Land Commission Act, regulations thereto, and the orders of the Commission.

2. Parcel sizes are to be consistent with the agricultural capability and productivity bearing in mind that land with lower capability and productivity requires larger acreage. However, this condition should not be used to build a case for exclusion of existing small parcels which are in agricultural use and have a capability for agriculture.

3. Notwithstanding the minimum lot size standards and land use policies cited in this Plan or the Regional District Zoning Bylaw in force from time to time or any other policy or bylaw that has been adopted to guide decision-making, the Regional Board may, after due consideration, not authorize an application to the Commission if the proposed subdivision or use would have a negative impact on agricultural land or the farming community.

Rural Low Density Policies 1. Low density rural lands are those used for or having a potential for resource extraction and

that are not suitable for intensive development because of limitations of elevation, slope, water, accessibility, disruption of existing resource or agricultural uses, or interference with watershed conservation and are designated as Large Holding and Non-Urban.

2. The minimum parcel size for low density rural use shall be appropriate to the use, but in no case shall the minimum parcel size be less than that of the Non-Urban zone (7.2 ha) except in those cases where subdivision of a smaller lot is permitted by virtue of a road severance under the provisions of the Regional District Zoning Bylaw.

3. Where land is in the Non-Urban designation and in the ALR, the minimum parcel size of 7.2 ha shall only apply when that land is:

a. excluded from the ALR; or b. approved for subdivision within the ALR pursuant to the ALC Act, Regulations thereto, or

Orders of the Commission; or c. exempted by the ALC Act, Regulations thereto, or Orders of the Commission.

4. Notwithstanding that the ALC may have indicated approval of or no objection, to this Plan, the Commission is obliged to consider individual applications on their own merit under the mandate of the ALC Act and is not obliged to approve applications that comply with the minimum lot size or density of this land use designation.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 6 5. Rural low density lands shall conform to the following requirements:

a. said lands should have access to a public road system meeting Ministry of Transportation standards in which emergency egress must be considered in wildfire interface areas;

b. should not be subject to flooding or in an area with a high water table; c. should contain suitable building sites; d. must be serviced with a potable water supply meeting the requirements of DIVISION XIV -

SERVICES - POLICIES - Potable Water Supply; and e. must provide for the collection, treatment and disposal of sewage meeting the requirements

of DIVISION XIV - SERVICES - POLICIES - Sewage Collection, Treatment and Disposal. Development Permit Area for the Protection of Development from Hazardous Conditions The southeast corner of the subject property is designated as a Development Permit Area for the Protection of Development from Hazardous Conditions due to it being within the Shuswap River Floodplain. Issuance of a Development Permit in this regard would be required prior to subdivision approval as the OCP does not exempt subdivisions from this requirement. ZONING BYLAW: The subject property is zoned Non-Urban (N.U). Uses permitted in the N.U zone include accessory farm sales, bed and breakfast uses, boarding house uses, fruit and produce pickers’ cabins and work force housing units on lots 4 ha or larger, home occupations uses, packing houses, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. The number of buildings allowed per lot in the N.U zone may not exceed: 1. one single family dwelling or one two family dwelling or one manufactured home; and 2. for lands that are located within the ALR, additional single family dwellings shall not be

permitted unless the owner has first submitted an application to the ALC; and 3. one ancillary single family dwelling on land in and out of the ALR, subject to the dwelling not

exceeding a gross floor area of 75 m2 (807.3 ft2) exclusive of attached open carports and open porches, shall not include a basement, shall not include habitable space in an attic, and shall not be permitted on lots smaller than 2 ha (4.942 acres).

A Section 946 subdivision application precludes considerations of lot size restrictions other than in the instance that the local government has established a minimum parcel size by bylaw. In this regard the Zoning Bylaw contains regulations setting such minimum lot sizes for parcels proposed to be subdivided under Section 946, however the regulations do not apply to properties within the ALR. The Zoning Bylaw requires that non-ALR lots must be 8.5 ha or larger in order to be subdivided under Section 946 of the Local Government Act. PLANNING ANALYSIS: Development Services recommends that this application be supported as it complies with the Agricultural Policies of the Electoral Area “F” Official Community Plan, including the Policy which states that all uses and subdivision of ALR land are to be in accordance with the Agricultural Land Commission Act, regulations thereto, and the orders of the Commission. In this regard, the proposed subdivision is consistent with the provisions of the ALC Act and Homesite Severance Policy. With the exception of the size of the proposed remainder lot, the proposal is also consistent with the provisions of the Regional District Homesite Severance Policy.


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Agricultural Land Commission Application 10-0600-F-ALR (Anna Phillips c/o Dennis Phillips) Page 7 Rather than creating a separate parcel out of the existing homesite, the applicant is proposing to create a separate vacant lot. Development Services raises no objections to this approach as creating a lot where the existing dwelling is located would leave that lot completely surrounded by the remainder lot, which in turn could create potential difficulty for the agricultural operation or management of the remainder. Leaving the agricultural buildings on the remainder lot also allows them to continue to be used for agricultural purposes. Development Services also raises no objections to the location, size and configuration of the proposed vacant lot, acknowledging that the applicant has chosen this layout to accommodate suitable building, driveway, well and sewage disposal areas. If the Regional Board or ALC would prefer that the proposed vacant lot be reconfigured or reduced in size, such changes could be made a condition of approval. Development Services acknowledges that the Regional District Homesite Severance Policy has been established to provide a list of criteria that should be met as a condition of authorizing homesite severance applications for submission to the ALC. In this case, it is recommended that the subject application be authorized for submission to the ALC despite it not meeting minimum lot size criteria of the Homesite Severance Policy for the following reasons: Section 946 of the Local Government Act does not allow a local government to establish a

minimum lot size standard for parcels of land in the ALR that may be subdivided under this section. The Homesite Severance Policy therefore cannot set a minimum lot size standard for a remainder lot as this would have the effect of establishing the minimum size for a parcel that may be subdivided under Section 946 of the Local Government Act.

As note above, the proposed subdivision is consistent with the ALC Act and Policies and is therefore consistent with the Electoral Area “F” OCP. Where discrepancies between Board Policies and OCP Policies occur, Development Services is of the opinion that direction should be taken from the OCP Policies, particularly if the OCP Policy was adopted after the Board Policy. In this case, the Electoral Area “F” OCP was adopted in 2005 whereas the Board Policy was originally adopted and amended in 1993 and 2003 respectively.

Should the Board of Directors support the above noted direction, staff suggest that the Regional District Homesite Severance Policy be amended to reflect the requirements of the Local Government Act and Policies of the Electoral Area “F” Official Community Plan. In this regard, staff could draft the potential amendments for the Board’s consideration at a later date. SUMMARY: The subject application proposes to subdivide a 1.0 ha portion of the property located at 68 Old Sicamous Road for the purpose of creating a homesite lot under Section 946 of the Local Government Act and Section 21(2) of the Agricultural Land Commission Act. Development Services recommends that this application be supported as it complies with the Agricultural Policies of the Electoral Area “F” Official Community Plan, the Agricultural Land Commission Homesite Severance Policy and with the exception of the size of the proposed remainder lot, the Regional District Homesite Severance Policy. If the Regional Board or ALC would prefer that the proposed vacant lot be reconfigured or reduced in size, such changes could be made a condition of approval. REFERRALS: The application has been referred to the following for their review and comment:


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regular agenda - regional district of north okanagan

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