PUBLIC HEARING AGENDA

REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday, March 4, 05 4:00 pm PUBLIC HEARING AGENDA A. CALL PUBLIC HEARING TO ORDER B. INTRODUCTION OF BYLAW. Rezoning Bylaw 66, 04 [Boulter] Staff report dated February 6, 05 Bylaw 66 Rezoning Purpose: A bylaw to rezone a 8 ha portion of the properties legally described as The W/ of the S/ of the S/ of Sec 9, Twp 5, ODYD; AND the W/ of the N/ of the N/ of Sec 0, Twp 5, ODYD and located at 796 Silver Star Road, Electoral Area C from the Non-Urban (N.U.) Zone to the Country Residential (C.R.) Zone. C. PUBLIC PRESENTATIONS D. CLOSE PUBLIC HEARING

REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 4-037-C-RZ TO: FROM: Board of Directors Planning Department DATE: February 6, 05 SUBJECT: Rezoning Bylaw No. 66, 04 [Boulter] RECOMMENDATION: That following consideration of comments received at the Public Hearing, Rezoning Bylaw No. 66, 04 which proposes to rezone a 8 ha portion of the properties legally described as The W/ of the S/ of the S/ of Sec 9, Twp 5, ODYD; AND the W/ of the N/ of the N/ of Sec 0, Twp 5, ODYD and located at 796 Silver Star Road, Electoral Area C from the Non-Urban (N.U.) Zone to the Country Residential (C.R.) Zone as shown on Schedule A attached to and forming part of Bylaw No. 66, 04 be given Third Reading; and further, That Final Adoption of Bylaw No. 66 not be considered until a covenant has been registered on the title of the subject properties stating that they shall not be subdivided until a professional hydrologist has verified that all wells proposed to service all new lots are proven to meet the quantity and quality standards of the Regional District Subdivision Servicing Bylaw and that there will be no negative impact on the use of neighbouring wells. BACKGROUND: This report relates to an application to rezone a 8 ha portion of the properties located at 796 Silver Star Road from the Non-Urban (N.U) Zone to the Country Residential (C.R) Zone. If successful in rezoning the properties, the applicant is proposing to apply for a 5 lot subdivision. Fourteen of the proposed lots would be zoned Country Residential and be approximately hectares in size. The remainder lot would continue to be zoned Non-Urban and be approximately 36 hectares in size. The application was considered by the Board of Directors at the Regular Meeting of November 9, 04 at which time the Board gave First Reading but withheld Second Reading until the applicant submitted a revised hydrological and water supply study which took into consideration the potential to service the full build out of the proposed lots and demonstrated that there will be no impact to other wells in the surrounding area. In follow-up to the Board s direction, the applicant submitted a letter from Western Water Associates Ltd. dated December 5, 04. The letter clarified that full build out of the proposed 5 lot subdivision had been accounted for in the initial April 8, 04 hydrogeologic assessment assuming a 500 imperial gallons per day, per dwelling consumption rate indicating that regardless of whether future parcel owners choose to build only one home or two, water use would average less than Imperial Gallon per Minute per parcel which is the Subdivision Servicing Bylaw requirement. The hydrologist concluded it is feasible to develop up to 5 wells on 5 lots at the subject property while complying with Bylaw 600, which includes not impacting other wells in the surrounding area. Page of 8

Rezoning Bylaw No. 66, 04 [Boulter] Report to Board of Directors February 6, 05 Page At the Regular Meeting of January, 05 the Board gave Second Reading to Rezoning Bylaw No. 66, 04 and also resolved to forward the Bylaw to a Public Hearing. Notification of Public Hearing The applicant has submitted a Development Notification Certificate which confirms that on February 4, 05, a Development Notice was posted on the subject property in accordance with the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 35, 008. The Public Hearing for the application and associated Bylaw has been advertised in the local newspapers and the adjacent land owners have been notified by letter of the Public Hearing, all in accordance with the Regional District Development Application Procedures and Administrative Fees Bylaw and the provisions of the Local Government Act. DISCUSSION: Upon further review of the April 8, 04 hydrogeologic assessment, staff note, the report indicates that the variability of the bedrock aquifer system should be considered in project planning, and it is likely that drilling success (i.e. wells capable of meeting the Subdivision Servicing Bylaw requirement) will not be 00%. It may take more than one drilling attempt on a given lot to develop a suitable well. Also, the assessment recommends that new wells regardless of the results of preliminary well yield estimates, such as air lift tests, should be tested under the supervision of a hydrogeologist. Further, it has been acknowledged in the hydrogeologic assessment that low yielding wells, particularly those completed in bedrock aquifers, are not uncommon in the area and that it is possible that adequate groundwater supplies may not be obtained on all proposed lots. The assessment states that in those cases, lots without adequate water may need to be amalgamated with neighbouring lots where sufficient water is obtained. In considering the above, it is important to note that Section 407.3 of the Subdivision Servicing Bylaw states that the subdivision of parcels ha or larger in size within the Country Residential Zone may be approved without the provision of a potable water supply if a written report is obtained from a Qualified Professional verifying that potable water of sufficient quantity is available on or to the proposed lot(s). To satisfy this requirement of the Subdivision Servicing Bylaw, a covenant must be registered on the title of the property to prohibit the construction or location of any residential dwelling or manufactured home on the proposed lot(s) until a potable water supply is provided meeting the standards of the Bylaw. In order to provide further certainty that the proposed development will not have a negative impact on existing neighbouring wells staff recommend taking a precautionary approach in regards to water supply. The Official Community Plan contains policy that supports this approach indicating that assurances about water supply should be provided with a rezoning application. Staff recommend that a covenant be registered on the title of the subject properties prior to Final Adoption of Bylaw No. 66 stating that they may not be subdivided until a professional hydrologist has verified that all wells proposed to service all new lots are proven to meet the quantity and quality standards of the Regional District Subdivision Servicing Bylaw and that there will be no negative impact on the use of neighbouring wells. SUMMARY: As there are no conditions that are required to be met prior to Third Reading, it is recommended that, upon consideration of comments received at the Public Hearing, Bylaw No. 66 be given Third Reading and that Final Adoption of Bylaw No. 66 not be considered until a covenant has been registered on title of the subject properties stating that they may not be subdivided until a professional hydrologist has verified that all wells proposed to service all new lots are proven to meet the quantity Page of 8

Rezoning Bylaw No. 66, 04 [Boulter} Report to Board of Directors- February 6, 05 Page 3 and quality standards of the Regional District Subdivision Servicing Bylaw and that the extraction of water from the wells will not deplete the water supply of neighbouring wells. If given Third Reading, the Bylaw will be forwarded to the Ministry of Transportation and Infrastructure for endorsement. Submitted by: Reviewed by: Laura Frank, MCIP, RPP Sustainability Coordinator Deputy Planning Manager Endorsed by: Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 3 of 8

File: Applicant: Location: 4-037-C-RZ Tim & Cheryl Boulter 796 Silver Star Road BOARD of DIRECTORS - PUBLIC HEARING AGENDA ELECTORAL AREA "C" REZONING APPLICATION SUBJECT PROPERTY MAP Page 4 of 8

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REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 66 A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 888, 003 to change a zone designation WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 996, Chapter 33, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 888, being the Regional District of North Okanagan Zoning Bylaw No. 888, 003 and amendments thereto; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw; AND WHEREAS the Board has enacted the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 35, 008 and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board has received an application to rezone property; NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: A. CITATION This Bylaw may be cited as the Rezoning Bylaw No. 66, 04. B. AMENDMENTS. That a portion of the properties legally described as The W/ of the S/ of the S/ of Sec 9, Twp 5, ODYD; AND the W/ of the N/ of the N/ of Sec 0, Twp 5, ODYD and located at 796 Silver Star Road, Electoral Area C from the Non-Urban (N.U.) Zone to the Country Residential (C.R.) Zone as shown on Schedule A attached to and forming part of this Bylaw.. That the Zoning Map, being Schedule A to Zoning Bylaw No. 888, 003 be amended accordingly. Read a First Time this 9th day of November, 04 Read a Second Time this st day of January, 05 Advertised on this 5th day of February, 05 Page 6 of 8

Page this 7th day of February, 05 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this 4th day of March, 05 Read a Third Time this day of, 05 Approved by Minister of Transportation and Infrastructure (Transportation Act s. 5(3)) this day of, 05 ADOPTED this day of, 05 Chair Corporate Officer Page 7 of 8

OF / /4 WILSON - A KAP5743 4.00ha A KAP8584.000ha P44037.03ha JACKSON PLAN 44036.064 ha SEC. 9 BOARD of DIRECTORS - PUBLIC HEARING AGENDA 3 3.ha 3 3789 PLAN 34647 ASPEN ROAD PLAN B KAP5743 CR W/ OF S/ OF S/ SEC. 9 PLAN 6583 A54 KAP5440 T.P. 5 NU ha 0757 PLAN KAP80760 3 6.5 ha P80757 NE /4 OF NE /4 Sec. 9 KAP80758 KAP80758 KAP80759 CR W / OF N / OF N / SEC 0 PLAN 39 90535 A5849 54074 A5850 PL 90 4455 O D PLAN 7690 LO33704 4 B73 KEDLESTON PARK 5 A 34348 PLAN 878 SILVER STAR ROAD SCHEDULE "A" to accompany the Regional District of North Okanagan "Rezoning Bylaw No. 66,04". 3 PLAN 39 SW /4 O Area rezoned from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.) shown... I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rezoning Bylaw No. 66,04". Dated at Coldstream, BC this day of, 04 :6,000 Corporate Officer Page 8 of 8