You are requested to comment on the attached LAND USE BYLAW AMENDMENT for potential effect on your agency s

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1 REGIONAL DISTRICT OF CENTRAL KOOTENAY BOX 590, 202 Lakeside Drive, NELSON, BC V1L 5R4 ph: fax: REFERRAL FORM BYLAW AMENDMENT APPLICATION RDCK Planning File: Z1608K Date: January 6, 2017 You are requested to comment on the attached LAND USE BYLAW AMENDMENT for potential effect on your agency s interests. We would appreciate your response WITHIN 30 DAYS (PRIOR TO February 6, 2017). If no response is received within that time, it will be assumed that your agency s interests are unaffected. LEGAL DESCRIPTION & GENERAL LOCATION: LOT A PLAN NEP85242 DISTRICT LOT 100 KOOTENAY LAND DISTRICT PID: (5810 Highway 23) PRESENT USE AND PURPOSE: This proposal would rezone a 20.9 acre (8.4 hectare) parcel from Tourist Commercial (C3) to Country Residential (R2) in the Halcyon Hot Springs area of the Regional District of Central Kootenay Electoral Area K (26 km north of Nakusp). The subject property had a Stop Work order placed for a 900 ft2 cabin constructed in the fall of The landowners made a bylaw amendment application, as they wish to use the cabin residentially, rather than Tourist Commercial uses. BC Assessment designates the property as vacant industrial commercial institutional. The parcel is serviced with onsite wastewater disposal (filing accepted by Interior Health Authority in 2016) and surface water (license for 1000 gallons/day from Sittler Creek). The parcel is at the northern end of Electoral Area K and of the Regional District Kootenay. The parcel is surrounded by hotsprings related tourist commercial and seasonal residential properties. Staff note planning concerns with creating additional residential densities in remote areas far from commercial centres, and may recommend that the Board consider a remote residential zone, rather than the requested country residential. The proposal would also require an amendment of the Official Commmunity Plan from Tourist Commercial to a residential designation. AREA OF PROPERTY 20.9 acre (8.4 hectare) ALR STATUS n/a ZONING Tourist Commercial (C3) OCP Tourist Commercial (C2) APPLICANT: Homis Logging Ltd., Kenneth Marshall, Debra Phippen, Gordon Marshall, Nancy Marshall c/o Ken Marshall OTHER INFORMATION: ADVISORY PLANNING COMMISSION PLEASE NOTE If your Advisory Planning Commission plans to hold a meeting to discuss this application, please note that the applicants must be provided with an opportunity to attend such meeting, in accordance with Section 461(8) of the Local Government Act: If the commission is considering an amendment to a plan or bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard. Please fill out the Response Summary on the back of this form. If your agency s interests are Unaffected no further information is necessary. In all other cases, we would appreciate receiving information to substantiate your position and outline any conditions, legislation, policies or conditions related to your position. RDCK BUILDING SERVICES RDCK COMMUNITY SERVICES REGIONAL FIRE CHIEF RDCK EXTERNAL APC AREA K INTERIOR HEALTH NELSON (E,F,G,H,I(Thrums), K) HABITAT BRANCH, MFLNRO MINISTRY OF ENVIRONMENT MINISTRY OF TRANSPORTATION West Kootenay District Office, Nelson MINISTRY OF ENVIRONMENT SCHOOL DISTRICT NO.10 INSERT COMMENTS ON REVERSE... NESKONLITH INDIAN BAND SMALQMIX (LOWER SIMILKAMEEN INDIAN BAND) SNPINK TN (PENTICTON INDIAN BAND) UPPER NICOLA INDIAN BAND OKANAGAN NATION ALLIANCE OKANAGAN INDIAN BAND ADAMS LAKE INDIAN BAND SPLATS IN FIRST NATION KǂITQATWUMǂAʔT (SHUSWAP INDIAN BAND) KTUNAXA NATION COUNCIL AKISQNUK FIRST NATION YAQAN NUKIY (LOWER KOOTENAY BAND) ʔAQ'AM (ST. MARY'S INDIAN BAND) ʔAKINK UMǂASNUQǂIʔIT (TOBACCO PLAINS INDIAN BAND)

2 RESPONSE SUMMARY FILE: Z1608K APPLICANT: MARSHALL Name: Date: Agency: Title: RETURN TO: KRISTIN AASEN, PLANNER DEVELOPMENT SERVICES REGIONAL DISTRICT OF CENTRAL KOOTENAY BOX 590, 202 LAKESIDE DRIVE NELSON, BC V1L 5R4 Ph and

3 Site Plan \

4 Subject property (oulined in yellow) Legend Civic Address Address Range Streams (Large Scale Contour Lines (20m) Floodplain/Flood Cons Potential Slide Hazard NonStandard Flooding Water Systems Non RDCK System RDCK System Cadastre Notes Map Details Date Plotted: 1/5/ Lakeside Drive Nelson, BC Meters 1 : 2, cm This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.

5 Subject area Legend Civic Address Address Range Streams (Large Scale Contour Lines (20m) Floodplain/Flood Cons Potential Slide Hazard NonStandard Flooding Water Systems Non RDCK System RDCK System Zoning Cadastre Notes Map Details Date Plotted: 1/5/ Lakeside Drive Nelson, BC Meters 1 : 6, cm This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.

6 The Regional District of Central Kootenay Box 590, 202 Lakeside Drive, Nelson British Columbia V1L 5R4 Phone: Toll Free Web: Dec-2016 Owners: Mailing Address: Folio Number: Site Address: Legal Description: Property Information Report HOMIS LOGGING LTD PID: Parcel area: ACRES 5810 HIGHWAY 23 LOT A PLAN NEP85242 DISTRICT LOT 100 KOOTENAY LAND DISTRICT EA: K Land-use Information Zoning Designation: 1675-C3 Actual Use Code: 201 Vacant IC&I General Land-use Services Information This information is provided as a public resource for general information purposes only. The information shown is compiled from various sources and the Regional District of Central Kootenay makes no warranties, expressed or implied, as to the accuracy or completeness of the information. This report is not a legal document and is published for information and convenience only. The RDCK is not responsible for any errors or omissions. Report generated: 13-Dec-2016

7 Current zoning Regional District of Central Kootenay Zoning Bylaw No.1675, 2004 DIVISION 32 TOURIST COMMERCIAL (C3) Permitted Uses 3200 Land, buildings and structures in the Tourist Commercial (C3) zone shall be used for the following purposes only: Artisan Crafts Production and Sales Campgrounds Golf Courses Horse Riding Arenas and Boarding Stables Marinas Mixed Use Developments Museums Personal Service Establishments Pubs Restaurants Service Stations Tourist Accommodation Zoos Accessory Uses to Tourist Accommodation: laundromats curio shops convenience stores Accessory Uses: Accessory Buildings and Structures One Dwelling Unit Development Regulations The minimum site area shall be provided as follows: Hotel, Motel, Lodge and Similar Uses Community Water Supply and Community Sewer System 0.2 hectares (first unit), 200 square metres for each additional sleeping or housekeeping unit Community Water Supply Only 0.4 hectares, 300 square metres for each additional sleeping unit, 400 square metres for each additional housekeeping unit On-Site Servicing Only 1.0 hectare (up to 10 units), 600 square metres for each additional sleeping unit, 0.1 hectares for each additional housekeeping unit Campgrounds 2.0 hectares 2.0 hectares 2.0 hectares All Other Uses 0.4 hectare 0.4 hectare 1.0 hectare For Mixed Use Developments, the minimum site area restrictions identified above apply for each permitted principal use within the Mixed Use Development. Page 92 of 118

8 Regional District of Central Kootenay Zoning Bylaw No.1675, The maximum site coverage permitted shall be 50 percent of the lot area. 3 Landscaping shall comply with the requirements of Sections 621 and Campgrounds adjacent to properties zoned for residential use must provide screening and buffering as follows: a. Where a proposed campground is located adjacent to a R1, R1A, R1K, R1F, R2, R2I, R2SA, R2K, R5, R6, R6F or R7 zone, a minimum 7.5 metre wide buffer zone must be established. b. Where a proposed campground is located adjacent to a R3, R3B, R3I, R3K, R4, R4SA, or R4K zone, a minimum 5.0 metre wide buffer zone must be established. In each case; landscaping within the buffer zone shall comply with the requirements of Sections 621 and 622. Page 93 of 118

9 Requested zoning Regional District of Central Kootenay Zoning Bylaw No.1675, 2004 DIVISION 11 COUNTRY RESIDENTIAL (R2) Permitted Uses 1100 Land, buildings and structures in the Country Residential (R2) zone shall be used for the following purposes only: Dwellings: One-Family Two-Family Accessory Uses: Accessory Buildings and Structures Accessory Tourist Accommodation Home Based Business Horticulture Keeping of Farm Animals Sale of Site Grown Farm Products Portable Sawmills for processing of material harvested on site only Development Regulations The minimum site area for each permitted use shall be one (1) hectare. 2 The minimum parcel size for a parcel subdivided for a relative under Section 946 of the Local Government Act, with the approval of the Interior Health Authority shall be 0.8 hectare. 3 The maximum site coverage permitted shall be 50 percent of the lot area. 4 The keeping of farm animals shall comply with the requirements of Section One-family dwellings and two-family dwellings shall be permitted subject to conformance with the density provisions of Section 1101(1). 6 Buildings and structures in the case of a lot that may be further subdivided shall be sited so as to facilitate further subdivision of the lot or adjacent lots. 7 Portable Sawmills shall be located a minimum of 30 metres from any property line. 8 A garage may be constructed on a lot prior to construction of a dwelling subject to the maximum size of 56 square metres. Page 51 of 118