The Joe Rich Rural Land Use Bylaw

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1 The purpose of this review and update This process is a review and update of the (RLUB) future land use policies and current land use regulations to ensure that they reflect and respond to the needs of the community and ensure long-term sustainability. The update of the RLUB will involve input from a variety of sources including the community, Regional District advisory groups, Regional District staff, government agencies, neighbouring municipalities, and the Regional District Board. There are a large variety of topics in Joe Rich that are of interest to people. The RLUB review will focus on areas that lie within the land use regulation and future land use policy jurisdiction of the bylaw. While there may be additional interests in the community, this process will focus on land use regulations and policies that are within the capacity of the RLUB. Focusing on key items! The Regional District is reviewing the RLUB in several phases. At this point the results of the questionnaire, the background information, as well as overall Regional District polices, point to certain key topics. Your comments and thoughts are invited. There is an exit survey you can complete before you leave tonight. Please provide any additional comments by May 12th to the: Regional District of Central Okanagan, Planning Services Department, 1450 KLO Road, Kelowna, BC, V1W 3Z4 Fax: (250) , planning@cord.bc.ca Phase 3 This third phase involves using the results of the questionnaire to help focus on key areas of discussion and interest. These key areas are reviewed in more detail. There are many topics of interest in the community with a range of perspectives. This is an additional opportunity to provide input to the outcome of the questionnaire and to the direction on key topics. The continued review will lead to the development of a draft RLUB. The draft RLUB will be presented for public review in the fall. The Regional Board is expected to begin the formal bylaw process for a revised RLUB late in That process will include a formal advertised public hearing. (The information panels, maps, and the public meeting slide show are available from the Planning Services Department, or, by April 10 th at Go to the Planning Services Department web page and click on Current Projects. ) Phase1 Initiation, Clarification of Topics, (Includes open house and questionnaire) Phase 2 Analyze and Develop Objectives (Winter, 2006) Phase 3 Review of Objectives and Goals (Early Spring 2006; includes public meeting and input) We are at this phase! Phase 4 Develop Draft RLUB (Summer, 2006) Phase 5 Review of Draft RLUB (Early fall, 2006 ;includes public meeting and input) Phase 6 Submit bylaw for consideration of the Regional Board (Fall 2006, includes Official Public Hearing)

2 The Big Picture There are about 503 privately and publicly owned lots currently within the boundaries of the (RLUB). Based upon the Stats Can Census in 2001 there were 1025 people in the Census area. The next official census is May of this year. The City of Kelowna lies to the east of the RLUB and provides services, recreation and an employment centre. The City of Kelowna is also literally downstream of the Joe Rich area. The Mission Creek watershed and the transportation corridor of Highway 33 run through Joe Rich to the City. The Growth Management Strategy, supported by the Regional District and all its member municipalities, focuses urban growth in urban areas with appropriate services and reflecting efficient service expansion. Urban uses and denser forms of housing are encouraged in urban centres. Long-term sustainability is supported. The current RLUB future land use goals generally support Joe Rich as a rural area largely reflecting current rural lot sizes and uses. The RLUB is bordered by Medicine Creek (Indian Reserve #12) to the southwest under the jurisdiction of the Westbank First Nation. All other land surrounding the RLUB, other than the City of Kelowna and Medicine Creek (Indian Reserve #12), is Crown Land under the jurisdiction of the province of BC. A variety of provincial Ministries manage and make decisions about Crown Lands. There are various stakeholders related to the use of Crown Land including timber harvesting, range use, mining, First Nations, and recreation. Joe Rich has a variety of diverse ecosystems cut with streams and wetlands. The provincial government has recently required local governments to protect streams, wetlands and riparian areas (ecosystems near streams and wetlands). Joe Rich contains some rare hot and dry ecosystems such as grasslands and pine savannah that are home for rare plant and animal species as well as defining features of the Okanagan. The future protection of vanishing ecosystems is important to consider. There are other provincial and federal government agencies that make decisions and have jurisdiction in some areas. The RLUB will be limited in how it can affect decisions in these matters. These areas include: The agricultural land reserve, Gravel extraction permits, The protection of streams, riparian areas (neighbouring stream habitat) and water bodies, Maintenance and improvements to roads and highways.

3 The Big Picture All public roads, including local roads and Highway 33, are owned by the province and maintained or improved by the Ministry of Transportation. The Regional District does not have a funding mechanism for road improvement. (Unsurveyed roads on Crown Land are forest service roads under the jurisdiction of the Ministry of Forests.) area is rural in nature and has limited infrastructure. While some areas within the RLUB are covered by fire protection and there are some small water utilities, the services and infrastructure available in Joe Rich reflects its rural nature. Most lots get their water through individual private wells. The community has two fire halls, a community hall, an outdoor rink and some recreation and park opportunities. Given the rural nature of the area the available funding for parks and recreation will need to be focused on specific priorities. As has occurred elsewhere in the Regional District, should the community desire larger recreation projects beyond the available funding, additional local support and local funding may be required. The Regional District has standards for infrastructure for certain lot densities and land uses that apply equally throughout the Regional District. For example; new lots that are 2 hectares (5 acres) or less in size require a community water system, and, new lots of 1 hectare (2.5 acres) or less in size require a community sewer system. There is a history of land instability and landslides in the Joe Rich area. Professional reports are required in many areas at the time of building or subdivision. The RLUB has a map that designates each lot under a certain designation. The RLUB text lists the land use designations and the uses permitted for each designation. Some uses are further defined in a subsection containing general regulations. The RLUB allows for home occupations within certain defined limits contained in the RLUB. The intention is to allow residents to carry out small businesses such as home offices, light manufacturing, small service establishments and daycare provided the home occupation is secondary to the residential and rural use of the land and fits within certain requirements. Bed and breakfast accommodations are supported limited to four bedrooms. This is consistant with requirements in the neighbouring City of Kelowna and the Regional District. The RLUB supports the potential for a neighbourhood commercial outlet near the community hall (creating a central community focus) provided there is local support. Eight Mile Ranch is also permitted a convenience store. Commercial development is focused in the urban centre of Kelowna. Limited light industrial uses are permitted within the regulations of a home occupation. There is a site that allows for log home manufacturing on Philpott Road. There are currently no general industrial designations for predominantly industrial use to occur in Joe Rich. The provincial government has the jurisdiction to grant gravel extraction permits and set the terms and conditions for those permits.

4 Questionnaire results A questionnaire was mailed to each property at the start of the review of the Joe Rich Rural Land Use Bylaw. Copies of the questionnaire results were posted on the Regional District web site and were mailed to property owners along with notification of the April public meeting. As well, copies of the questionnaire results were provided to members of the Regional Board. The following are some summary observations from the questionnaire. 98 out of 116 respondents were generally satisfied with living in Joe Rich. 11 were not and 7 had no opinion. 115 respondents listed the three most important characteristics that most contribute to enjoyment and satisfaction in living in the Joe Rich area. The tallied totals are: Natural surroundings and open space Privacy - 81 Remote from urban areas 50 Crown Land Recreational Opportunities 29 Views - 27 Rural character or agricultural character and activities 21 Community and gatherings respondents listed the three most important areas that they would like to see local government give more priority. The tallied totals are: Improved road safety on Highway Protection of important natural areas (streams, wetlands, rare habitat etc.) - 59 Protect drinking water quality and quantity - 56 Allow for smaller acreages provided infrastructure requirements are met to ensure long-term sustainability (There were a variety of opinions as to what is sustainable.) - 55 Provide more commercial/industrial uses provided infrastructure requirements are met to ensure long-term sustainability 25 Develop more employment opportunities - 18

5 There were some areas of apparent community consensus such as: The importance of the natural environment and rural character, and the protection of those characteristics. General satisfaction with the current level of developed parks and little desire for additional developed parks facilities/sports fields/more parks etc. (Improvement should be focused on natural trails and trailheads, and/or improving current facilities like the community hall.) Dissatisfaction with various qualities of Highway 33 and its safety. (Note that roads in the Joe Rich area are owned and maintained by the province through the Ministry of Transportation. The local government does not have control or jurisdiction.) General satisfaction with having an RLUB (little desire to see it replaced with the Regional District zoning bylaw and an Official Community Plan). General satisfaction with the regulatory aspects of the RLUB. (There did not appear to be any broad community problems with regulations such as setbacks, fences, prohibited vehicle storage etc. There were a few comments provided about individual enforcement cases.) There were some areas where the majority indicated a preference, however, there wasn t an apparent overall agreement such as: While most respondents were satisfied with the current level of home occupation requirements in the RLUB, about 31% felt that the regulations are too limiting. While most respondents indicated that Joe Rich should remain largely free of properties that are mainly for commercial and industrial use, about 29% did not agree with that statement. While most respondents were satisfied with the current level of bed and breakfast accommodation regulations, 22% felt they were too restrictive. While about 53% of respondents agreed with the current direction in the management of the water supply, 28% did not agree with it, and about 19% had no opinion. There were significant numbers of respondents (about 46%) wishing to at least double the current density of homes on 4 hectare (10 acre lots) either through subdivision to a 2 hectare minimum or through an additional home being permitted on the 4 hectare property. Opinions with regard to the provision of water to achieve those purposes varied from utililizing individual wells without any further review of overall water capacity in the area, using individual wells with further study to ensure water capacity, to evaluating the possibility of community water supply. The protection of drinking water quality and quantity is indicated by about 47% of respondents as an important priority for the community. (27% of respondents noted seasonal or long-term fluctuation in well water availability).

6 Development Permits Development permit areas require the consideration of specific community guidelines in certain locations prior to development or subdivision. Certain types of construction or land alteration (as specified in the RLUB) will require consideration of development permit guidelines. Development permit guidelines reflect goals the community has for different community values, and provincial or federal regulations. In 2001 legislative changes allowed for development permits to be included in an RLUB. Some of the issues that can now be covered by development permits have been previously covered by other Regional District policies and bylaws. Many of the requirements in the new development permits (such as wildfire hazard assessment and mitigation at the time of subdivision, or, geotechnical assessment at the time of applying for a building permit or subdivision) are already current requirements. Development permits allow the opportunity to list all such requirements in one section with clear guidelines. Development Permits can be required for issues such as environmental protection, protection of development from hazards, or the appearance of commercial/industrial development. There are several types of development permits (DP s) that will be considered for introduction in the Joe Rich area. Farming activities as defined by the Farm Practices Protection Act of BC are not subject to most development permits, however, must abide by the responsible farming practices outlined in the Act. Sensitive Terrestrial Ecosystem Development Permits The community identified the natural environment as the most important factor contributing to the enjoyment and liveability of the area, and as a priority for protection. There is also recognition that the enjoyment of rural activities mean that some changes should be expected on private lands. A balance needs to be achieved. Sensitive and rare ecosystems are in the process of being mapped using the Sensitive Ecosystem Inventory. While the total inventory for Joe Rich will not be complete until the draft of the RLUB, a sample for part of the Joe Rich area is illustrated on the Sensitive Terrestrial Ecosystem map. The development permit guidelines will be related to identifying and conserving the important elements of each specific ecosystem. The guidelines recognize that the majority of the area affected by sensitive terrestrial ecosystem development permits are rural lots and not subject to urban residential development pressures in the near future. Therefore the goal is to allow for private rural land uses yet ensure that development permits are obtained prior to subdivision or building permits. Development permits will not be required prior to any and all land alteration except where there is future subdivision potential. It is expected that education will be an important part of terrestrial environmental protection on these large rural lots.

7 Sensitive Aquatic Ecosystem Development Permits The provincial government has enacted legislation that requires the Regional District protect aquatic and riparian areas (ecosystems directly influenced by water) and the ravines they are located in. The Regional District has mapped stream locations and riparian areas using scientific inventories and will use that information to establish development permit areas. While the total inventory for Joe Rich will not be complete until the draft of the RLUB, a sample for part of the Joe Rich area is illustrated on the Sensitive Aquatic Ecosystem map. These development permit areas will be firmly protected from adverse disturbance as required by provincial legislation. Geotechnical Hazard Development Permits Parts of Joe Rich have a history of landslip, surface movement, and instability. There are landforms that have been identified as having potential to be unstable. It is important that construction and land alteration in those areas does not contribute to land instability. Geotechnical development permits are for the purpose of protecting the community from hazards. Currently, geotechnical instability is required to be assessed at the time of subdivision or when a building permit is applied for. In addition to those activities, excessive land clearing, cutting into hillsides, or excessive earth moving can also contribute to instability ranging from erosion or water siltation, to larger land instability. Geotechnical development permits would be required at the time of obtaining a building permit, subdivision, or prior to alteration of land within areas identified as having potential for instability. Given that geotechnical instability is a public safety issue, the amount of land alteration acceptable without first obtaining a development permit would be minimal. Development permits generally: Allow an initial opportunity for more detailed site review of the specific site to identify whether the proposed land alterations will occur outside of the geotechnically unstable area, and therefore a development permit will not be necessary, Provide guidelines that outline the geotechnical concerns and topics that need to be considered in looking at activities that may disturb land stability, Require the submission of drawings and/or reports that show how the proposal can happen safely in consideration of the guidelines. Some geotechnical hazard has been indicated on Crown Land in parts of Joe Rich. The Regional District can request the province to require licensees proposing to alter either the land or vegetation in those areas to obtain a development permit.

8 Wildfire Hazard Development Permits The Okanagan has a naturally dry climate and a community interface with large forested areas. Wildfire will be an ever-present threat. An important part of reducing wildfire hazard involves modifying how buildings are constructed near the forest interface area. The accumulation of small choices such as roof and siding material, building material, screening of soffits, screening the tops of chimneys, using less combustible landscape mulches and landscape plants within 10 metres of a home, can all add up to either saving or losing a home to wildfire. Wildfire hazard has been, and will continue to be, a required assessment for a property at the time of subdivision. A development permit area for protection from wildfire hazard would require new houses to be constructed in certain ways using certain materials. Commercial Form and Character Development Permits Joe Rich is largely rural, however, Eight Mile Ranch may carry out some commercial development such as a restaurant and store. The current RLUB also has a policy that would allow the consideration of a small store in the vicinity of the community hall creating a neighbourhood centre. It is important that the appearance, character and landscaping of commercial activities be of good quality and fit with the location. A development permit for the form and character of commercial properties would set out guidelines for the form, character and appearance of the building, as well as guidelines for required landscaping. These development permits do not apply to home-based businesses of the RLUB.

9 Home Based Businesses The (RLUB) allows for home occupations defined within certain limitations of size and impact. The intention is to allow residents to carry out small businesses such as home offices, light manufacturing, small service establishments and daycare provided the home occupation is secondary to the residential and rural use of the property. About 60% of respondents to the questionnaire were satisfied with the current level of home occupation limits in the RLUB. A very small percent felt they should be reduced. 31% were not satsifed and the remainder had no opinion. The Home based business regulations match the most lenient in the zoning bylaw that applies to other areas of the Regional District, and also provides for more space in which to operate the business than the City of Kelowna bylaws. The Executive Director of the Economic Development Commission indicates that the home-based business guidelines generally meet the needs given the context of home-based businesses. Commercial and Industrial Uses About 64% of respondents to the questionnaire agreed with the Joe Rich area remaining largely free of properties that are mainly for commercial and industrial use, except for the consideration of a potential neighbourhood store near the community hall. 29% disagreed with the remainder having no opinion. There were comments provided about the inconvenient location of the community hall for most residents. There were some comments about allowing full commercial/industrial uses along Highway 33. The designation of Eight Mile Ranch allows for a neighbourhood store, as well there is a potential opportunity for the consideration of a future neighbourhood store in the vicinity of the Community Hall in order to create a multi-use neighbourhood centre. Considerations The points that need to be considered about home based businesses and expanded commercial/industrial opportunities range from: Ensuring that the rural atmosphere so important to Joe Rich residents is maintained, Ensuring there is adequate local opportunity for small home based businesses secondary to and not detracting from the residential/rural nature, yet set a reasonable limit beyond which businesses might be expected to relocate to largely commercial/industrial areas, Ensuring there is adequate infrastructure to support the activities and protection of the environment, Ensuring support of the Growth Management Strategy goals supporting the commercial/urban centres of the Regional District, Avoiding strip development and sprawl along highways.

10 Bed and Breakfast Accomodation Bed and breakfast accommodation as a part of a house is a permitted use in most rural designations in the RLUB to a maximum of four bedrooms. That is consistent with the City of Kelowna and the Regional District Zoning Bylaw although both those bylaws have limitations on the size of guest suites whereas the RLUB does not. There is no notification of neighbours required prior to opening up a bed and breakfast accomodation. About 68% of respondents to the questionnaire were satisfied with the current level of bed and breakfast accommodation. A very small percent felt they should be reduced. 22% felt there should be more allowed while the remainder had no opinion. There were some comments provided about wanting the ability to have four separate cabins on a lot as opposed to bed and breakfast being a part of the main house. Several factors would need to be considered including ensuring bed and breakfast accommodation does not become fulltime rental accommodation, infrastructure impacts, potential to change the rural nature of the area, and the potential size of cabins. Another consideration is to determine the reasonable limit that meets the expectations of what a community understands a bed and breakfast to be. Four cabins as well as a main house on a property may not represent a community s typical understanding of bed and breakfast.

11 Future Subdivision or Densification The possibility of allowing additional rural residential development is one priority that the community would like to focus on. Some in the community have an interest in seeing future subdivision to a 2-hectare (5 acre) minimum lot size or, additional homes on 4-hectare (10 acre) lots. Both represent the equivalent of potentially doubling the residential density on the Joe Rich hillsides. To virtually the same degree, it is also clearly an important priority in the community that the water supply be secure for the long-term. 27% of respondents noted long-term and/or seasonal fluctuation in well water supply. The Regional District, in essence, determines the infrastructure that is required as the density and/or urbanization in an area increases with the objective of ensuring long-term sustainability. The Subdivision and Development Bylaw requires a community water supply for subdivisions of lots 2 hectares or less in size. It is possible that additional homes or other uses may have an equivalent impact upon the aquifer. It can be difficult to determine if a new well drilled in one location may or may not affect other existing wells in the area. In 1997 the minimum lot size required for accessory homes was changed to allow such homes on lots 8 hectares or larger in size (rather than 4 hectares), due to concerns of the impact of the additional density on the water supply, available infrastructure, the apparent use of accessory homes for reasons other than necessary agricultural workers or caretakers (as intended by the bylaw), and the proliferation of accessory homes on large acreages. The impact of additional homes increases density (the number of homes in an area) just as subdivision would, with similar potential impacts on water supply. Possibilities raised so far about subdivision or increasing the density include: 1. The remains unchanged; anticipating future rural land use and lot sizes consistent with current land use designations. 2. Continued subdivision, or additional houses on existing rural lots, using on-site wells as the water source with no additional review of the current infrastructure or water supply. There would be no assurance of long-term water supply. 3. Sustainable water yield assessment of the aquifer that considers recharge rates of the aquifer, current levels of water extraction, sustained creek flows, and finally determination of the amount of water available for sustained future use. 4. Review for a community water system including a determination of water availability, and (provided water is available) a preliminary review of the feasibility and general costs for the provision of water to the overall area as part of a utility.

12 Transportation priorities In the Joe Rich area the roads (including local roads as well as Highway 33) are owned by the province, and maintained and operated through the Ministry of Transportation. The Regional District can advocate for certain projects but does not have the jurisdiction to determine road improvements. Safety issues related to Highway 33 are a priority for the community. 78% of the community indicated support for the RLUB future land use policies to identify and focus on a few high priority safety issues rather than an unproirized list of all issues. The key high priority issues appear to be: The safety of the hairpin turn on Highway 33 over Daves Creek, The safety of stopping on the Highway to turn left. The following traffic may be moving quickly and unprepared to stop. As well, shoulders and pavement width are inadequate to allow vehicles to go around traffic that has stopped to turn left. Context with other Government Jurisdictions The Growth Management Strategy of the Regional District is supported by the Regional District and all its member municipalities. It has broad policies that focus urban growth in urban areas with appropriate servicing and efficient service expansion. Urban uses and denser forms of housing are encouraged in urban centres. The Growth Management Strategy also contains policies that support ensuring the long-term sustainability of land uses. The City of Kelowna lies to the immediate west of Joe Rich with important interconnections such as transportation, topography, streams, employment, recreation, etc. as well as facilities for a large water utility that provides water to residents and farms in the City. All members of the Regional Board (including those appointed by local municipalities) will consider and vote on any changes proposed for the RLUB. Expanding Bylaw Boundaries to include Crown Land The Regional District can include policies about uses on neighbouring Crown Land but those policies are advisory in nature. RLUB policies only have direct application to private lands or non-crown related activities that are within the planning jurisdiction of the Regional District. The previous map indicated the boundaries of the RLUB as being along the Crown Land interface. An option is to extend the boundaries to include the Crown Land hillsides surrounding the Joe Rich area (from the valley bottom along Mission Creek north to the rim of the Mission Creek valley). This has the benefit of ensuring any land that the province might sell into private hands, or allocate for private uses unrelated to Crown activities, will fall within the policies and development permit requirements of the. It would not be the intent to indicate any potential community goal or value to sell Crown Land or potential future private land use (such as permitting homes or subdivision, etc). An extension of RLUB boundary does not change the fact that land use policies related to activities under Crown jurisdiction are advisory in nature only.