n (Weighted) LGA Part 26 (Unweighted)

Transcription

1 EADBL3 BOARD REPORT No: Date: TO: Chair and Directors FROM: Dan Passmore Senior Planner SUBJEGT: South Shuswap Zoning Amendment (Shuswap Lake Estates) Bylaw No RECOMMENDATION: THAT: File B,L February 25,2014 Bylaw No , cited as "South Shuswap Zoning Amendment (Shuswap Lake Estates) Bylaw No ", be adopted this 20th day of March,2014. APPROVED for Board Gonsideration: Meeting Date: March 2Ú, 2014 SHORT SUMMARY: The property that is the subject of this rezoning application is located at the intersection of the Trans-Canada Highway and Greer Road in the Blind Bay area of ElectoralArea 'C'. The proposal is to rezone a ha portion of the subject property to allow a subdivision of that portion of the property from the remainder. The proposed subdivision would create a new ha lot, which would be used for a garden centre, in the Agricultural Land Reserve. The rezoning would create a site specific use for the proposed new lot and for the remainder lot. The Board delegated a public hearing for Bylaw No at the December 6, 2013 Regular Meeting. The delegated public hearing was held January 15,2014. The Board considered the results of the public hearing and referral comments, and gave the bylaw third reading at the February 20, 2014 regular meeting. The Ministry of Transportation and lnfrastructure approved the bylaw February 25, 2014 and it is now appropriate for the Board to consider adoption. VOTTNG: Unweighted Corporate! Weighted Corporate n Stakeholder n (Weighted) LGA Part 26 (Unweighted) ø BACKGROUND.. APPLICANT: Shuswap Lake Estates Ltd. (Mr. Terry Barker) ELECTORAL AREA: 'C'(Blind Bay) Page I of 10

2 Board Report BL March 20,2014 CIVIC ADDRESS: LEGAL DESCRIPTION: SIZE OF PROPERTY: Trans Canada Highway Rem. NW /a, Sec.7, Tp. 22, Rge. 10, W6M, KDYD, Except Plan H425, H9463, 42044, K4P63720, and EPP ha. SURROUNDING I.AND USE PATTERN: NORTH: TCH/Shuswap Lake Estates Golf Course SOUTH: Agricultural/Rural Residential EAST: GreerRoad/Santabin Lake/Agricultural WEST: The Highland Heights Single Family Dwelling subdivision OCP DESIGNATION: CURRENT ZONING: PROPOSED ZONING: CURRENT USE: PROPOSED USE: GC - Golf Course and A2 - Agricultural GC - Golf Course and AR2 - Agriculture ( ha) GC - Golf Course and AR2 -Agriculture (4 ha) Golf Driving Range/RV storage/model airplane club and storage Golf Driving Range/RV storage/model airplane club and storage/com mercial garden center POLICY: South Shuswap Official Communitv Plan Bvlaw No. 700 Agricultural Areas The OCP Section 4.2 outlines Agricultural Objectives and Policies. Policies in respect of this area as follows: The areas designated Agriculture 2 on the Land Use Map are mainly intended to identify areas within which intensive livestock operations should be avoided for environmental reasons (e.9. soil type and proximity to sensitive streams or lakes). Where appropriate, they may be used as part of a buffering system between the predominantly agricultural use areas designated Agriculture 1, and nearby non-agricultural areas Within the Agriculture 2 area, agricultural production activities are permitted, including residences, buildings and structures, and small scale animal husbandry, except for intensive livestock operations such as cattle feedlots, piggeries, poultry farms and dairies. Nonagricultural uses which were existing at the time of adoption of this Bylaw (16 March 1995) may also be permitted in accordance with any orders of the Agricultural Land Commission and where the Zoning Bylaw so provides. Guest cottages may also be permitted as a use where the Zoning Bylaw so provides Within the Agriculture 2 area, new subdivisions will be permitted subject to approval by the Agricultural Land Commission for lands within the ALR. The minimum parcel size for new subdivisions within the Agriculture 2 area is 4 ha (10 acres). ln the Agriculture 2 area, a Page 2 of 10

3 Board Report BL March 20,2014 maximum of two single family dwellings may be permitted as a use where the Zoning Bylaw so provides and recognizing that any second dwelling must be in accordance with an order of the Agricultural Land Commission. Golf Course Golf Courses - Existing golf courses, along with related activities such as driving ranges and club houses are designated Golf Course on the Land Use Map. ln addition to recognizing existing golf course facilities, this designation is intended to accommodate future golf course developments, including related facilities such as club houses, outbuildings, caretaker residence and driving ranges. Air strips that are existing at the time of adoption of this Bylaw (16 March 1995) may also be permitted where the Zoning Bylaw so provides. Blind Bay Area Special use commercial - Tourist Commercial, Waterfront Commercial and Neighbourhood Commercial, will be permitted in areas so designated on the Land Use Map, subject to the conditions set forth in Section 4.6. Electoral Area'C' Official Communitv Plan Bvlaw No. 725 ElectoralArea 'C'Official Community Plan Bylaw No. 725 (Bylaw No. 725) received third reading on September 12, 2013, and it is anticipated that it will be brought to the Board for consideration of adoption at the March 20,2014 regular meeting. The subject property is proposed to be designated GC - Golf Course. Golf Gourse The Golf Course designation recognizes existing golf courses in the plan area. New Golf Courses may be considered through individual rezoning applications. Any residential or commercial components must conform to the residential and commercial policies of this plan, and other policies of the plan that may be applicable to the proposal. Agriculture The minimum parcel size of land for subdivision within the Agriculture land use designation is 60 hectares (148 acres)..3 New subdivision is discouraged within the Agriculture designation, other than subdivision along ALR boundaries or subdivision or parcel consolidations demonstrated not to have an intrusive or conflicting impact on the surrounding agricultural community..4 The Agriculture land use designations encompass agricultural uses, and uses accessory to agriculture. Subject to the guidelines of the Agricultural Land Commission and the zoning bylaw the following uses are appropriate in lands designated Agriculture: agri-tourism operations and agri-accommodatíon, and uses which will not affect the long{erm agricultural capability of the land. Page 3 of 10

4 Board Report B,L March 20,2014 South Shuswap Zoninq Bvlaw No. 701 Current Zone: Agriculture Zone (4 ha) - AR2 Permitted uses: o single family dwelling;. agriculture;. bed and breakfast;. cottage, permitted only if there is less than two (2) single family dwellings on the property and permitted only on parcels greater than 4,000 m2*; o home business; o home industry, permitted only on parcels greater than 2 ha; o public utility;. accessory use Minimum Parcel Size for New Subdivision - 4 ha Notwithstanding Section 6.1, a model airplane club and storage are permitted uses on the N.W. % of Section 7, Township 22, Range 10, W6M, KDYD Current Zone: Golf Course - GC Permitted uses: o golf course including driving range; o clubhouse as an accessory use to the golf course; o accessoryrecreationalfacilities; o agriculture, permitted only on those parcels within the Agricultural Land Reserve;. accessory use. Minimum Parcel Size for New Subdivision - 25 ha Proposed Zoning Amendment: Agriculture Zone (4 ha) - AR2 The proposal will involve rezoning a ha (2 ac) portion of the subject property, shown on the attached subdivision plan as proposed Lot 2. The portion to be rezoned is situated in the northeast corner of the subject property and is currently zoned both GC and AR2. The proposal is to rezone only the portion to AR2 and amend the AR2 zone to create special regulations within the AR2 zone specific to the proposed new lot. This will involve deleting the current Section and replacing it with the following Site Specific regulation as well as adopting a new special regulation 6.3.6: Special Reoulation This special regulation applies to that portion of Part of the NW 1/4, Section 7, Township 22, Range 10, West of the 6th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, K4P63720, and EPP5363, which portion is shown hatched on the following map. Page 4 of 10

5 Board Report BL March 20, Notwithstanding Section 6.1, the only permitted use on the proposed new lot shown hatched on the map below is a nursery and greenhouse operation and commercial garden centre. Notwithstanding Section 6.2.1, the minimum parcel size for subdivision for the portion of the property shown hatched on the following map is 0.8 ha. eþq Rem. NW 1/4 Santabin Lake The portion of property shown hatched on the following plan as Rem NW % is proposed to be rezoned to AR2, as a housekeeping cleanup to follow proposed new property boundaries. Page 5 of 10

6 Board Report BL March 20,20'14 Special Regulation This special regulation applies only to that portion of Part of the NW 1/4, Section 7, Township 22, Range 10, West of the 6th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, K4P63720, and EPP5363, which portion is shown hatched on the following map..1 Notwithstanding Section 6.1, a model airplane club and storage are permitted uses. Santabin Lake % Page 6 of 10

7 Board Report B,L March 20,2014 Proposed Zoning Amendment Golf Gourse - GG The portion of the property shown as Lot 1, and hatched on subdivision is proposed to be rezoned from AR2 and GC to GC, golf course property located across the Trans-Canada Highway. the following proposed plan of and will be consolidated with the Santabin FINANCIAL: There are no financial implications to the CSRD, the rezoning application is not the result of a Bylaw Enforcement action. KEY ISSUES/CONCEPTS: Water Supply & Sewage Disposal The subject property is within a community water service area, and a community sewer service area. Both sewer and water are available for the proposed new lots. Page 7 of 10

8 Board Report B,L March 20,2014 Access Access to the nursery, commercial garden centre, the driving range, and the storage and model airplane club facility are proposed to be from Greer Road, off the Trans Canada Highway. Agricultural Land Reserve The Agricultural Land Commission has considered and approved, by Resolution # , the application submitted by Shuswap Lake Estates to subdivide the property in the ALR to create the new 0.8 ha lot as well as to use the proposed new lot for a nursery and commercial garden centre. IMPLEMENTATION: Gonsultation Process The simple consultation process was followed. A sign was posted on the property and the application was sent out to referral agencies. The responses are summarised in the Communications section below. Public Hearing The delegated public hearing for the proposed bylaw amendments was held January 15, 2014 at the Lower Level of the Cedar Centre, 2316 Lakeview Drive, Blind Bay, BC. There were 12 members of the public in attendance. All in attendance were in support of the proposed bylaw amendments. SUMMARY: The applicant has applied to amend Bylaw No. 701 to rezone the subject property to allow for both a subdivision to create a new 0.8 ha lot and to provide for special regulations within the AR2 zone to allow the proposed nursery and commercial garden centre use of the new lot. The application also involves another amendment to the AR2 zone to create special regulations which allow an existing model airplane club and storage as permitted uses for the proposed remainder lot. The rezoning reflects the decision of the Agricultural Land Commission to allow the 0.8 ha lot to be subdivided and to use this lot for a nursery operation and commercial garden centre. The proposed rezoning is in compliance with OCP policies. A public hearing was held and no objections were made by the public and the Board gave the proposed amending bylaw third reading. Because the zoning amendments impact land within 800 m of a controlled access highway, approval from the Ministry of Transporation and lnfrastructure was required and approval was given on February 25, lt is now appropriate for the Board to consider adoption. Page 8 of 10

9 Board Report B,L March LIST NAME OF REPORTS ' DOGUMENTS: 1. Maps: Location, Orthophotos, OCP, Zoning 2. Proposed Subdivision Plan, Lot 2Plan 3. South Shuswap Zoning Amendment (Shuswap Lake Estates) Bylaw No Application 5. ReferralComments Received 6. MoTl Statutory Approval DESIRED OUTGOME: That the Board endorse staff recommendation. BOARD'S OPTIONS: Attached to Agenda Summary: Ef Attached to Agenda Summary: Ø Attached to Agenda Summary: EI Attached to Agenda Summary: o Attached to Agenda Summary: n Attached to Agenda Summary: Ef Available from Staff: Available from Staff: o Available from Staff: Available from Staff: EI Available from Staff: EI Available from Staff: n 1. Endorse recommendations. Bylaw No will be adopted. 2. Decline adoption. Bylaw No will be defeated. 3. Defer. 4. Any other action deemed appropriate by the Board. COMMUNIGATIONS: lf the Bylaw is adopted the applicant will be advised of the Board decision, Bylaw No. 701 will be amended, and the amended bylaw text and associated mapping will be posted on the CSRD website. Area'C' Advisory Planning Commission lnterior Health Ministry of Transportation and lnfrastructure Ministrv of Environment Ministry of Community Sport and Cultural Development Ministry of Forests, Land and Natural Resource Operations Recommended aoproval. No response. Preliminary Approval is granted for the rezoning for one year pursuant to section 52(3Xa) of the Transportation Act. No response. Please ensure you have forwarded the bylaw to the appropriate ministries and agencies and that a record of your referral efforts is included in the final bylaw submission. No response. Page 9 of 10

10 Board Report BL March 20,2014 Ministry of Forests, Land and Natural Resource Operations- Archaeology Branch BC Agricultural Land Commission School District #83 CSRD Environment and Engineering Services Ministry of Agriculture Adams Lake lndian Band Little Shuswap lndian Band Neskonlith lndian Band No known archaeological sites; however there is potential for previously unrecorded sites. No objections, the bylaw is consistent with ALR resolution # No objections. No concerns. No response. No response. No response. The Secwepemc Nation hold collective unextinguished aboriginaltitle and rights to the land and resources held within our traditional territory. The proposal is within our territory and as such is subject to our title, jurisdiction, rights and interests. Please be advised that in regards to the above, we would request that as the land in question was previously within the ALR that Preliminary Field review be conducted. Neskonlith lndian Band would be happy to conduct such review.* Approval Signature of Reliewing Manager or Team Leader *Note: Staff has fonrarded the comments received from the Neskonlith Indian Band to the applicant. Page 10 of 10

11 MoTI Statutory Approval

12 Location (1:7,500) Mara Lake Subject Property Orthophoto Legal 1:7,500 Subject Properties

13 Orthophoto 1:5,000 Current OCP

14 Current Zoning Proposed Subdivision

15 Proposed New Lot

16 Proposed Rezoning

17 COLUMBIA SHUSWAP REGIONAL DISTRICT SOUTH SHUSWAP ZONING AMENDMENT (SHUSWAP LAKE ESTATES) BYLAW NO A bylaw 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. "South Shuswap Zoning Bylaw No. 701", as amended, is hereby further amended as follows: A. TEXT AMENDMENT i. Schedule A, Zoning Bylaw Text, Section 6 AR2 Agriculture Zone (4 ha) is hereby amended by deleting Special Regulation Section 6.3.1, in its entirety, including the attached map. ii. Schedule A, Zoning Bylaw Text, Section 6 AR2 Agriculture Zone (4 ha) is hereby amended by inserting the following Special Regulation Section 6.3.1, including the attached map. "6.3.1 This special regulation applies only to that portion of Part of the NW 1/4, Section 7, Township 22, Range 10, West of the 6 th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, KAP63720, and EPP5363, which portion is shown hatched on the following map..1 Notwithstanding Section 6.1, the only permitted uses on the proposed new lot shown hatched on the following map are a nursery and greenhouse operation and commercial garden centre..2 Notwithstanding Section 6.2.1, the minimum parcel size for subdivision only for the portion of the property shown hatched on the following map is 0.8 ha../2

18 Bylaw No Page 2 "; iii. Schedule A, Zoning Bylaw Text, Section 6 AR2 Agriculture Zone (4 ha) is hereby amended by inserting the following Special Regulation Section 6.3.6, including the attached map This special regulation applies only to that portion of Part of the NW 1/4, Section 7, Township 22, Range 10, West of the 6 th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, KAP63720, and EPP5363, which portion is shown hatched on the following map..1 Notwithstanding Section 6.1, a model airplane club and storage are permitted uses../3

19 Bylaw No Page 3 B. MAP AMENDMENT./4 i. Schedule C (Zoning Maps), which forms part of the South Shuswap Zoning Bylaw No. 701, as amended, is hereby further amended by: a) rezoning that part of NW 1/4, Section 7, Township 22, Range 10, West of the 6 th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, KAP63720, and EPP5363, which part is more particularly labeled Lot 1 and shown hatched on Schedule 1 attached hereto and forming part of this bylaw, from AR2 AGRICULTURE ZONE (4 ha) and GC GOLF COURSE to GC GOLF COURSE; and,

20 Bylaw No Page 4 b) rezoning that part of NW 1/4, Section 7, Township 22, Range 10, West of the 6 th Meridian, Kamloops Division, Yale District, Except Plans H425, H9463, 42044, KAP63720, and EPP5363, which part is more particularly labeled Lot 2 and shown cross-hatched on Schedule 1 attached hereto and forming part of this bylaw, from AR2 AGRICULTURE ZONE (4 ha) and GC GOLF COURSE to AR2 AGRICULTURE ZONE (4 ha). 2. This bylaw may be cited as " South Shuswap Zoning Amendment (Shuswap Lake Estates) Bylaw No " READ a first time this 17 th day of October, READ a second time this 6 th day of December, PUBLIC HEARING held this 15 th day of January, READ a third time this 20 th day of February, Received the approval of the Ministry of Transportation and Infrastructure this 25 th February, 2014 day of ADOPTED this day of, CHIEF ADMINISTRATIVE OFFICER CHAIR CERTIFIED true copy of Bylaw No CERTIFIED true copy of Bylaw No as read a third time. as adopted. Chief Administrative Officer Chief Administrative Officer

21 Bylaw No Page 5 SCHEDULE 1 ZONING AMENDMENT SOUTH SHUSWAP ZONING AMENDMENT (SHUSWAP LAKE ESTATES) BYLAW NO