TO: Chair and Directors File No: BL830-22 PL20200000165 BL825-46 PL20200000166 SUBJECT: Electoral Area F Official Community Plan Amendment Bylaw No. 830-22
and Scotch Creek/Lee Creek Zoning Amendment Bylaw No. 825-46 DESCRIPTION: Report from Ken Gobeil, Senior Planner, dated March 29, 2021.
2633 Squilax-Anglemont Road, Lee Creek
RECOMMENDATION #1: THAT: "Electoral Area F Official Community Plan Amendment Bylaw No. 830-22 be read a first time this 15th day of April 2021.
RECOMMENDATION #2: THAT: Scotch Creek/Lee Creek Zoning Amendment Bylaw No. 825-46” be read a first time this 15th day of April 2021.
RECOMMENDATION #3: THAT: The Board utilize the complex consultation process for Bylaw No. 830-22 and Bylaw No. 825-46;
AND THAT: the bylaws be referred to the following agencies: CSRD Financial Services
CSRD Operations Management Interior Health Authority
Ministry of Forests Lands Natural Resources and Rural Development: Archaeology Branch
Ministry of Forests Lands Natural Resources and Rural Development: Lands Branch
Ministry of Environment & Climate Change Strategy: Environmental Protection Division
BC Parks
All Relevant First Nations Bands and Councils SHORT SUMMARY:
Gateway Lakeview Estates, also known as Gateway Lakeview Resort (Gateway) is a shared interest property with recreational vehicles, park models and single family dwellings near Tsútswecw Provincial Park and Cottonwood Cove RV Resort in the Lee Creek area. Development of Gateway began in 2001. The current official community plan designation and zoning does not permit the multiple sites for recreational vehicles, park models or dwellings; however, the first phase was established prior to the adoption of the Scotch Creek/Lee Creek Zoning Bylaw No. 825. Because the use was established before land use bylaws were adopted, the use is protected under the non-conforming continuation regulations of the Local Government Act. The first phase consists of 211 sites for recreational vehicles, park model trailers and recreational cabins, and has been acknowledged by the CSRD as non-conforming.
The owners are applying to amend the Electoral Area F Official Community Plan Bylaw No. 830 (Bylaw No. 830) and the Scotch Creek Lee Creek Zoning Bylaw No. 825 (Bylaw No. 825) to legalize the existing uses as well as permit additional recreational vehicle and park model spaces for a total of 375 sites for recreational vehicles, park models, or dwellings.
As part of their application, the owners have committed to creating a new sewer disposal system to service the development which will utilize a dispersal field for treated effluent instead of the lake discharge which is currently being used. The location of this proposed sewer treatment and dispersal area is to be located on crown land north of the property.
This is the third application for bylaw amendments with regard to the subject property in 10 years. The first amendment was in 2011 (proposed Bylaw Nos. 830-09 and 825-31) and then again in 2014 (proposed Bylaw Nos. 830-14, 825-31 and 900-12). These bylaws were not approved by the CSRD Board based on concerns raised during the public hearing process. Those concerns included: environmental concerns, density, and the sewer system lake discharge.
VOTING: Unweighted Corporate LGA Part 14 (Unweighted) Weighted Corporate Stakeholder (Weighted)
BACKGROUND: ELECTORAL AREA: F
LEGAL DESCRIPTION:
Lot A Sections 25 and 26, Township 22, Range 12, West of the 6th Meridian, Kamloops Division Yale District, Plan KAP76386
PID:
026-052-539 CIVIC ADDRESS:
2633 Squilax-Anglemont Road SURROUNDING LAND USE PATTERN: North = Crown Land, Rural
South = Residential, Provincial Park, RV subdivision East = Residential, Shuswap Lake
West = Residential, Shared Interest Residential CURRENT USE:
211 seasonal recreation accommodation sites (in a combination of single family dwellings, recreational vehicles and park models) with approximately:
-78 recreational vehicles and park models -22 dwellings (including 1 caretaker dwelling)
PROPOSED USE:
375 seasonal recreational accommodation sites (in a combination of single family dwellings, recreational vehicles and park models), owner amenities and neighbourhood commercial. PARCEL SIZE:
29.18 ha (72.15 acres) PROPOSED PARCEL SIZE: NA*
Property is a shared interest and no further subdivision is proposed. New sites are proposed to be a minimum of 180 m2
CURRENT DESIGNATION:
Electoral Area F Official Community Plan No. 830 SSA - Secondary Settlement Area
RR – Rural Residential CURRENT ZONING:
Scotch Creek/Lee Creek Zoning Bylaw No. 825 RU1 - Rural 1
Lakes Zoning Bylaw No. 900 FM2 – Foreshore Multifamily 2 PROPOSED DESIGNATION: SR - Seasonal Recreation PROPOSED ZONING:
CDF4 – Comprehensive Development F4 AGRICULTURAL LAND RESERVE:
0%
SITE COMMENTS:
The property is between Lee Creek and the Adams River outfall to Shuswap Lake, near Cottonwood Cove RV Resort and Tsútswecw Provincial Park in Electoral Area F.
North of the property is crown land with varying slopes. There is a natural spring on the crown land which drains through the subject property towards the lake.
The subject property is “L” shaped and bisected by Squilax-Anglemont Road with the south end of the property between Shuswap Lake and Squilax-Anglemont Road. This portion of the property is used as a beach for its owners. The majority of the property is north of Squilax-Anglemont Road and sloped toward Shuswap Lake.
In the portion of the property north of Squilax-Anglemont road there are 211 share sites used for recreational vehicle, park models and single family dwellings dwellings. Approximately 100 of the sites are occupied. The furthest north portion of the property is mostly undeveloped and used for storage of maintenance equipment as well as a water reservoir for the water system. The middle of this portion of the property is used for single family dwellings and the south end of this portion property is used for
recreational vehicles, park models, caretaker dwelling and the water treatment and sewer system. See “Maps_Plans_ BL830-22_BL825-46_First.pdf".
The property is not in a CSRD water service area and relies on its own internal utilities. The water storage is near the highest point at the north end of the property with the treatment in the south end of the property. The sewer system is registered with the Ministry of Environment and operates a treatment facility on the south western portion of the property and uses a lake discharge for treated effluent. POLICY:
See”BL830_Excerpts_BL830-22_BL825-46.pdf” for excerpts of relevant policies and land use regulations from the Electoral Area C Official Community Plan Bylaw No. 830 (Bylaw No. 830).
Section 1 North Shuswap Vision and Principals Section 2 A Treasured Environment
Section 10 A Well-serviced Community Section 11 Managing Growth: North Shuswap Section 13 Development Permit Areas
Section 15 Development Approval Information
See “BL825_Excerpts_830-22_BL825-46.pdf” for excerpts of relevant policies and land use regulations from the Scotch Creek/Lee Creek Zoning Bylaw No. 825 (Bylaw No. 825).
Part 1 Definitions Part 5 Zones
See “BL900_Excerpts_BL830-22_BL825-46.pdf” for excerpts of relevant policies and land use regulations from the Lakes Zoning Bylaw No. 900 (Bylaw No. 900)
FM2 Foreshore Multi-Family 2 FINANCIAL:
There are no financial implications with regards to this application. The CSRD Finance and Operations Departments will review the proposed amending bylaws in accordance with section 477 of the Local Government Act after this bylaw receives first reading.
KEY ISSUES/CONCEPTS: History
Gateway was developed as a shared interest recreational property. It was initially planned to be a combination of 100 seasonal recreational vehicle spaces and 350 recreational home sites (for a total of 450 units) with recreational facilities, and commercial businesses. Development began in 2001 and the first phase was completed in 2004.
The first phase was 211 shared interest sites in two areas:
The middle of the property was used exclusively for detached dwellings.
The southern area is used for recreational vehicle and park models. This area also has the water and wastewater treatment facilities.
Also in the first phase:
The south western portion of the property north of Squilax-Anglemont Road is used for an office building, and storage area for boat and recreational vehicles.
The portion of the property immediately next to Shuswap Lake was utilized as a private beach for shared interest owners.
See Maps_Plans_BL830-22_BL825-46.pdf” for aerial images of the property. Shared Interest Properties
The development is a shared interest property. The bylaw amendments propose to continue the shared interest arrangement. Shared interests allow multiple parties to jointly own properties. This allows multiple parties to pool resources to afford properties they might not be able to afford on their own. Shared interest ownership may occur for small or large properties. Larger properties may be purchased and developed with sites similar to lots in a subdivision and strata without going through the legal subdivision process. Instead of individual titles for lots, shared interest owners are assigned sites for exclusive use.
In large shared interest developments like Gateway, owners must arrange amongst themselves utilities, maintenance, finances and internal rules similar to stratas. However, where stratas are provincially regulated in how they manage themselves and how they are funded, shared interest owners are free to use their discretion on those matters and may set up their own management structure.
The perceived advantage to shared interests is that they are not bound by the subdivision review process, strata regulations, and the costs associated with meeting those standards. However, this can also be detrimental to those property owners in the long term and to those who may not be aware of the implications for being an owner of a shared interest property.
Owners are responsible to each other with regard to development and management of the parcel, and requires all owners to unanimously agree on financial and development matters, and therefore such agreement can be difficult when many owners/shares are involved, e.g. in Gateway, there are 211 shares. In a strata, strata councils can exercise their provincially established authority to make decisions on behalf of their owners, despite disagreement from some strata lot owners.
For these reasons, shared interest developments have generally not been supported by the CSRD. However, there are no mechanisms for local governments to regulate the division of a titled property into shares.
With a Zoning Bylaw, local governments can regulate density which restricts the amount of lots and units which are permitted on a property. This may deter dividing properties into a large number of shares because additional share-holders are not able to develop additional units once the property is developed to its maximum density.
Large shared interest developments such as Gateway are usually established in areas without zoning to allow for greater flexibility in the number of shares and sites that may be provided on the parcel. When a Zoning Bylaw is adopted, zones are assigned to prohibit further development either by site specific zoning authorizing that use; or the property could be given another zone, more suited to the surrounding land use pattern, but which may not permit the existing or proposed use or density. If the
zoning does not permit the existing use or density, such use or density may be recognized as existing legal and non-conforming and be allowed to continue per Local Government Act regulations.
Gateway is zoned Rural 1 in Scotch Creek/Lee Creek Zoning Bylaw No. 825. This zone does not permit the use (recreational vehicle or park model space) or density (the overall amount of sites) but the use and density is recognized and allowed to continue via the non-conforming use provisions in the Local Government Act.
Non-conforming Use Continuations
Uses and densities on properties that are not compliant with a newly adopted Zoning Bylaw but were established prior to the bylaw’s adoption may have some protection, with certain limitations, under sections 528-535 of the Local Government Act to continue. This allows a property owner to continue the non-conforming use into the future despite not being permitted in the Zoning Bylaw. Sections 528-535 of the Local Government Act do not allow the scale of the non-conforming use that was established at the time the Zoning Bylaw was adopted to increase. In Gateway, this means that the amount of recreational vehicle, or park model spaces and single family dwellings could not exceed what was established when Scotch Creek/Lee Creek Zoning Bylaw was adopted in 2005.
At that time Gateway had established a commitment to use 211 sites for recreational vehicles, park models and recreational cabins (dwellings). The CSRD has recognized 211 sites as the first phase in a letter dated May 3, 2006 (see, “Commitment_to_Use_2006-05-03.pdf”). In it the CSRD acknowledged that the owners have:
Established a commitment to use the Property for at least a 211 site shared interest recreational development involving recreational vehicles, park model trailers and recreational cabins.
This letter confirms with owners that the CSRD acknowledges that the property was being used for recreation (not as principal residences) with up to 211 sites for temporary or seasonal use in either recreational vehicles, park models, or cabins. Any other use, density, building, structure, or further development of any kind other than what was established prior to the adoption of the bylaw, or noted within the letter, is not permitted.
Staff visited the property on March 1, 2021. During that visit it was noted that many of the recreational vehicles and park models on the property were being utilized full time, and as a principal residence. Agents working on behalf of the owners noted that many (but not all) of these residents are snowbirds who were forced to stay in their shared interest site for the winter due to COVID-19 travel restrictions, and do not use their sites year round in a typical year. The uses recognized by the CSRD in the May 3, 2006 letter referenced a recreational use, and did not recognize or authorize full time, year round use, or use as a principal dwelling of recreational vehicles or park models. This application does not include the legalization for year round accommodation of recreational vehicles or park models.
To ensure that the full time accommodation of sites does not continue into the future, staff require a list prepared by the agents about which owners have been utilizing their site as a principal dwelling since November 17, 2005 (prior to the adoption of Bylaw No. 825) with documentation, to confirm their use of the property is protected under sections 528-538 of the Local Government Act; as well as register a Section 219 covenant on the Gateway property prohibiting full time accommodation of recreational vehicles and park models prior to adoption of the amending bylaws.
This way the CSRD has an internal list to recognize shared interest site owners who may continue to use the site since their use is protected under sections 528-535 of the Local Government Act, as well as ensure there is no future confusion regarding the seasonal and temporary use of recreational vehicle and park model spaces. The agent has agreed on behalf of the owners to register a Section 219 covenant to confirm that the recreational vehicle or park model spaces are seasonal or temporary, and will draft a covenant for staff review.
Scotch Creek/Lee Creek Zoning Bylaw No. 825 and Electoral Area F Official Community Plan Bylaw No. 830
Land use bylaws were introduced to Electoral Area F and the subject property in the 2000’s:
The Scotch Creek/Lee Creek Zoning Bylaw No. 825 (Bylaw No. 825) was adopted November 17, 2005. Bylaw No. 825 established land use regulations that specifically regulate land use and density within the Scotch Creek and Lee Creek areas of Electoral Area F
The subject property is zoned RU1 Rural-1 in Bylaw No. 825 o Only 1 single family dwelling per property is permitted
o Recreational vehicle or park model spaces are not permitted in this zone o Commercial uses are not permitted in this zone.
The Electoral Area F Official Community Plan No. 830 (Bylaw No. 830) was adopted June 24, 2009. Bylaw No. 830 created land use policies and regulations to guide future growth within the electoral area. Bylaw No. 830 implemented development permits to ensure that future development can address environmental impacts of new development (e.g. riparian and foreshore development and development on hazardous lands).
The subject property is designated RR Rural Residential in Bylaw No. 830. o The maximum residential density is 1 unit per hectare.
o Recreational, and commercial land uses are not supported in this designation.
The zoning and designation assigned to the Gateway property is consistent with the surrounding area (see “Maps_Plans_ BL830-22_825-46.pdf”).
Formation of the Electoral Area F land use bylaws required a review of the existing land uses, as well as a comprehensive public consultation process to ensure all existing property uses were accounted for. During public consultation for the land use bylaws, there were specific concerns raised by the public about the potential for multiple resort style developments. As a result, the Major Destination Resort Designation was created in the OCP. This designation was purposefully not applied to any properties but prepared in anticipation of future bylaw amendment applications for these types of developments. The designation includes policies that require applications for a bylaw amendment to include professional reports to confirm the development is safe for the intended use as well as ensure any necessary improvements to the property are made.
Specifically for the Lee Creek area, residents noted concerns regarding potential safety with steep slopes, floodplains, and sewer systems disposing effluent into Shuswap Lake. A specific mention to the Lee Creek area is referenced in the Major Destination Resort policies in response to these concerns:
Policy 3 In light of the environmentally sensitive conditions associated with the foreshore of Lee Creek and the mouth of the Adams River, a Major Destination Resort is inappropriate in this area
Gateway was one of the properties identified as a potential resort development in the Lee Creek area by residents during the consultation of Bylaw Nos. 825 and 830. It was assigned the Rural 1 Zone in Bylaw No. 825, and Rural Residential designation in Bylaw No. 830.
The original developers of Gateway expressed their concerns to the CSRD regarding the proposed zoning and land use designation because it conflicted with their development plans and requested the CSRD recognize their development plans in the bylaws through the readings of Bylaw No. 825 (First reading took place July 15 2004). The CSRD kept the property’s zoning and designation. However, the CSRD acknowledged the establishment and commitment to use the first phase of Gateway in its May 3, 2006 letter; this letter verified the commitment to use the property for 211 shared interest sites for recreational development involving recreational vehicles, park model trailers and recreational cabins (see “Commitment_To_Use_2006-05-03.pdf”).
As a result of the implementation of Bylaw No. 825, and later Bylaw No. 830, Gateway could not continue developing in the future beyond the density and uses identified in the CSRD letter without a bylaw amendment.
Bylaw Amendment Application No. 830-9 and Bylaw No. 825-14 (July 2011-September 2011)
In 2011, the owners of Gateway made their first bylaw amendment application in order to continue developing the property beyond the density and uses identified in the CSRD letter. The application was to facilitate a combination of resort residential spaces, dwelling units, and commercial uses with accessory upper floor dwelling units for a total of 300 sites.
“Resort residential space” is the full time accommodation within a recreational vehicle or park model.
These bylaw amendments proposed to redesignate the property to Major Destination Resort in Bylaw No. 830, and create a new comprehensive development zone specific to the property with seven distinct development areas in Bylaw No. 825. The proposed bylaw amendments would also allow the creation of a bare land strata subdivision for shared interest owners to be able to subdivide and individually own their properties instead of being part of a shared interest.
During the bylaw review, the proposed water and sewer servicing was considered. The existing sewer system was registered with the Provincial Municipal Sewage Regulation and it discharges treated effluent into Shuswap Lake, which is not consistent with the North Shuswap Liquid Waste Management Plan. The Liquid Waste Management Plan was a three stage process initiated in 2001 and completed in 2009. The Gateway sewer system was completed prior to the adoption of Bylaw No. 825, approved by the Province, and was not subject to this Liquid Waste Management Plan.
Eliminating discharge of sewer systems into Shuswap Lake was a strong theme during the public consultation process for the creation of the Liquid Waste Management Plan.
The proposed bylaw amendment applications were not supported by the public who had many concerns and with significant opposition received at the public hearing. Public concerns included the increased density on the property being inconsistent with the neighbouring properties, as well as environmental
concerns regarding the sewer system and it’s discharge of treated effluent into Shuswap Lake. At the time this application was made, Lee Creek was not within a Secondary Settlement Area (SSA), and public comments noted that since Lee Creek was not within a settlement area, the Major Resort Destination designation and the proposed developments associated with this application development should not be supported.
During the September 15, 2011 Board meeting, public hearing notes, public submissions, and referral agency comments were reviewed, and the Board decided to give the amending bylaws no further readings, thereby denying the application.
Bylaw Amendment Application No. 830-10 (September 2013-July 2014)
In the years since the adoption of Bylaw No. 830 in 2009, property owners and developers within the Lee Creek area had approached the CSRD requesting that the Secondary Settlement Area (SSA) be applied to Lee Creek in recognition of the existing residential densities.
This led to a CSRD initiated bylaw amendment, Bylaw No. 830-10, which included various administrative “housekeeping” amendments as well as a proposal to include Lee Creek in the SSA.
Bylaw No. 830-10 was adopted July 14, 2014 which updated the OCP to include Lee Creek, including the Lee Cree Area (and subject property) into the SSA.
Bylaw Amendment Application No. 830-14, 825-31 and 900-12 (August 2014 - October 2016)
Once the Lee Creek area was included in the SSA, the Gateway development could be considered for a bylaw amendment again because the Major Resort Destination designation can be considered as a permissible type of use in a SSA. In 2014 the Gateway owners made another set of bylaw amendment applications. These amendments differed from the previous in that further expansion was limited to a maximum of 284 units as opposed to the 300 proposed in the first application.
This amendment proposed for Bylaw No. 830 included the addition of a new designation “Comprehensive Development” which was drafted to be used specifically for comprehensive development zones. The Comprehensive Development designation included the requirement for professional reports and studies to confirm the development would be safe for the use intended. The amendment proposed to Bylaw No. 825 was a comprehensive development zone similar to the one proposed in Bylaw No. 825-14.
This application also included amending the Lakes Zoning Bylaw No. 900 to allow a 20 berth group moorage facility with 35 private mooring buoys.
During the public hearing for the bylaw amendment held March 30, 2016 several concerns were raised. Notably, First Nations representatives attended the public hearing to express concerns about the lack of consultation. Of the public submissions, the majority of the concerns were regarding the sewer system and the discharge of treated effluent into Shuswap Lake, and the proliferation of buoys in the Shuswap Lake.
In response to sewer concerns, there was discussion of building a new sewer system to comply with the Liquid Waste Management Plan and establishing a CSRD owned and operated community sewer system.
The agent stated that the owners were willing to build a new sewer system compliant with the Liquid Waste Management Plan after the bylaw amendments are adopted. However, the CSRD could not get confirmation that all Gateway owners were agreeable to this commitment. The owners then requested the Board to consider their intent to comply after adopting the bylaws, and prior to a system being built. The owners proposed to stop the discharge into Shuswap Lake within 18 months of the amending bylaws being adopted. Staff noted significant concerns with this proposal. During the October 2016 Board meeting, the Board decided to give the amending bylaws no further readings, thereby denying the application.
Lakes Zoning Bylaw No. 900 (Adopted August 16, 2012)
Gateway has approximately 170 m of frontage to Shuswap Lake, and that frontage is zoned Foreshore Multi-Family 2, which allows a group moorage facility with up to 20 berths and only two private buoys. CSRD aerial photos show 37 buoys and one group moorage facility (see “Maps_Plans_BL830-22_BL825-46.pdf” attached). 35 buoys were existing prior to the adoption of the Lakes Zoning Bylaw No. 900 on August 16, 2012, the additional buoys are part of an ongoing bylaw enforcement file.
There are no amendments proposed to the Lakes Zoning Bylaw No. 900 (Bylaw No. 900) with this application. At this time the owners have prioritized seeking approvals and compliance for the property with Bylaw Nos. 830 and 825. It is recommended by staff that owners be required to bring the uses in the foreshore of the subject property into compliance with Bylaw No. 900 or seek and receive approval to permit the existing buoys prior to adoption of Bylaw Nos. 830-22 and 825-46.
Professional Reports
Applications for the previous bylaw amendments Nos. 830-9; 825-14; 830-14; and 825-31 included various technical reports (traffic assessment, storm drainage, environmental, civil servicing, and environmental impact study) as part of the bylaw application packages. Due to the years that have passed from when these reports were created and the present application, the findings and recommendations may no longer be accurate.
If Bylaw Nos. 830-22 and 825-46 are given first reading, staff advised the agent working on behalf of the owners that additional information is required for this application to proceed to second reading. Updated drawings and technical reports, similar to what has been submitted with previous applications will be required. Including, but not limited to hazard assessments, drainage assessments, and traffic impacts with the mitigation works required to ensure the property can be used safely. The agent has agreed to provide this updated information.
Hazards Slope
The property is sloped towards Shuswap Lake, and contains slopes over 30%. Any development on a property with a slope greater than 30% requires a Steep Slopes Development Permit in Bylaw No. 830.
On June 17, 2020 the CSRD received notice from Franklin Engineering Ltd. that a slope failure had forced an evacuation of residents of Gateway. The CSRD received support through Emergency Management BC to hire a qualified professional, to complete an emergency assessment of the slope. This assessment determined there was significant risk to 12 properties below the slope. Following recommendations from that professional, on June 22, 2020, the CSRD issued an Evacuation Order for five properties (share sites 96-100) and an Evacuation Alert for seven share sites (site nos. 89-95), all within the Gateway property. The assessment identified the risk of slope movement will remain until the water diversion onto the slope is removed and the slope dries up. The Evacuation Order has not been removed and will remain in effect until the work to mitigate the issue has been completed.
The CSRD Protective Services has been working with the agents working on behalf of the owners of Gateway to resolve this issue. However, one of the shareholders has reoccupied their site (which contains a park model) violating the evacuation order. It is recommended by staff that slope failure mitigation must be complete, and the evacuation order rescinded before the amending bylaws can be adopted. The agent informed the CSRD Planning Department that they have hired an engineering firm who has been working with the province to rectify the safety concerns.
Floodplain
Bylaw No. 825 establishes the flood construction level of 351.0 m, in which bottom of floor systems must be above in order to be above the floodplain and considered safe. Floodplains are also defined as lands within 15 m of the mean annual high water mark of Shuswap Lake (348.3 m GSC). The south eastern corner of the subject property is within the floodplain and susceptible to water damage. This area has been preserved in the proposed bylaw amendment and zoned for “open space” which does not permit any development, and requires land be maintained in its natural state.
As part of the additional information required for this application the owners will be required to submit updated drawings and technical reports from qualified professionals, this would include identifying elevations to confirm the floodplain elevation; drainage routes and capacities as well as recommendations for hazard mitigation in the property.
In areas that are suspected of being close to or within the floodplain, the proposed zoning bylaw amendment has been drafted to limit development in that area to recreational vehicle spaces only. Development Area 4 only permits recreational vehicles as they can be easily moved in the event of a flood emergency whereas park models, or dwellings are permanent and could not be moved.
The adoption of Bylaw No. 830 also implemented development permits in Electoral Area F to ensure that future development can meet public safety requirements established in the bylaw. The following development permits are applicable to this property:
Steep Slopes (for having slopes over 30% on the property). Riparian Area Regulations (for being within 30 m of a waterbody) Floodplain (for being within the floodplain of a waterbody).
Reports about these three subjects are required as part of the bylaw amendment process prior to second reading. However, in addition to this bylaw amendment, these development permits will be required for future development on the property. These reports can be used in regards to these development permits or new reports may be required depending on the development proposed.
2021 Proposal:
The owners have evaluated the property and retained new agents to assist in making application to the CSRD for a third set of proposed bylaw amendments.
The agents noted that they have confirmed with all owners that a new sewer system will be built, and the existing system, which includes the discharge of treated effluent into Shuswap Lake, will be decommissioned prior to adoption of the bylaw amendment. The effluent discharge was the primary issue raised during preparation of the Bylaw No. 830, the CSRD Liquid Waste Management Plan, and the previous bylaw amendment applications for the subject property.
In order to pay for the new system and the decommissioning of the existing sewer system, the agents noted that additional shared interest sites are required. As such the 2021 proposal is requesting a total of 375 units, 164 more than the 211 sites currently recognized as being permitted.
The initial submissions (see “Applicant_BL830_Submission.pdf” and “Applicant_BL825_Submission. pdf”) noted the desire for shared interest owners to be able to subdivide their sites into individual lots. However, after discussion with the agents working on behalf of owners it was noted that it would not be possible for them to coordinate a subdivision and the transfer of shares into a subdivision. Therefore, the bylaw amendment has been presented to maintain the shared interest ownership, and not to allow any future subdivision (see “Applicant_Submission_Shared_Interest.
pdf”).
As a shared interest, unanimous consent is required from all property owners to develop on the property, pay for any improvements, or subdivide and transfer ownership of shares into titles with land. In properties with multiple shares this becomes increasingly difficult. As noted above, shared interest developments are not supported by the CSRD due to their difficulty for the CSRD to regulate and shared interests owners to self-regulate.
The submissions included with the application include a proposal for a commercial land use designation in Bylaw No. 830 and a comprehensive development zone in Bylaw No. 825. The amendments presented were not supported by staff but were used as a reference point for discussion between the owner’s agents and CSRD staff regarding the desired outcomes of their bylaw amendment. Staff have prepared amending bylaws based on the land uses requested by the agents which staff can support, and this is agreeable to the owners’ agents.
The proposed zoning has been reviewed by staff and amended to reflect concerns regarding the overall density, floodplain, and the temporary and seasonal use of recreational vehicles and park models. In particular, year-round accommodation in recreational vehicles is not supported by staff from a health and safety perspective because recreational vehicles are not intended, certified or constructed to be used for habitation on a permanent year-round basis.
Electoral Area F Official Community Plan Amendment Bylaw 830-22 (Bylaw No. 830-22) (2021)
In the first Bylaw No. 830 amendment application in 2011, the Major Resort Destination designation was the proposed designation. This designation was intended for commercial resorts. However, the proposed use of Gateway is not a commercial resort because the intent of the property is for recreational use by shared owners, not a commercial business offering an accommodation service. Therefore, staff
have prepared a new designation for the property “Seasonal Recreation” which better suits the proposal (see, “BL830-22_First.pdf” attached).
The Seasonal Recreation designation is written to allow seasonal accommodation of recreational vehicles, park models and year round accommodation of dwellings with associated amenities. This designation is most suitable in primary and secondary settlement areas. The objectives and policies of this designation preserve the high ecological values of Shuswap Lake Watershed while allowing appropriately sited and serviced development.
As seasonal and temporary use of recreational vehicles and park models is becoming increasingly popular in the CSRD, this designation could also apply to other similar developments in the future. Staff prefer this designation instead of the Comprehensive Development Designation proposed in the 2014 bylaw amendment application as it is a more fitting designation for the use proposed, and will be practical for other seasonal and recreational developments in the future.
In order to ensure that concerns raised during the formation of Bylaw Nos. 825 and 830 (sewer effluent discharge into Shuswap Lake, development on slopes etc.) are addressed, the applicable policies from the Major Resort Destination designation, and the proposed Comprehensive Development designation have been carried forward into the new Seasonal Recreation designation. These include directing development to areas of least environmental sensitivity, hazard mitigation, and requiring professional reports to ensure the development is safe for the use intended.
This bylaw amendment would require future applications (and this application) to be approved based on merit, and requires owners to submit professional reports and plans to confirm that the property can be used safely, and must confirm that the property can be properly serviced. If Bylaw No. 830-22 is given first reading, the owners will be required to provide the following technical reports to confirm the property will be safe for the uses and densities proposed:
A hazard assessment regarding the steep slopes on the property, including those in the developed and undeveloped portions of the property, and portion of crown lands utilized for the sewer system; and provide recommendations on the proposed development.
A drainage assessment to ensure that the drainage issues that caused the slope stability issues in 2020 have been resolved and that all sites could be used safely for the use intended, and that the drainage system on the property has capacity to serve the development and is operating correctly.
A traffic assessment to review the potential pedestrian and vehicle traffic implications of this development.
A survey of the property to confirm floodplain elevations and delineation.
An assessment of flood plain and recommendation on how to develop the property safely. A review of the riparian area regulations for the drainage alterations.
Site plans and drawings:
o Developed and undeveloped sites; o New sites with dimensions;
o Parking areas with dimensions (with the amount of parking spaces);
o Access routes with location, width, and grade (including pedestrian routes); o Amenity areas;
o Drainage systems of new sites proposed
Information and recommendations of these reports will be reviewed by staff and summarized before bylaws are presented to the Board for second reading.
Policies in the Seasonal Recreation designation require water and sewer servicing, and reiterates the CSRD’s opposition to the full time, or year round accommodation of recreational vehicles or park models. The CSRD does not support the use of recreational vehicles or park models for full time, year round use, or use as a principal dwelling because these were never intended for that use, and cannot meet the minimum guidelines of the BC Building Code.
Owners will be required to demonstrate how the use of these sites will be managed by owners, and that owners cannot rely on CSRD zoning alone. In discussion with the owners of Gateway, a disclosure statement for any potential shared interest purchasers identifying the rules regarding year round use and a section 219 covenant have been discussed as options to address this issue. An agreed upon option will confirmed and presented for the Board’s consideration at second reading.
Staff note that there are other recreational vehicle and park model developments in Electoral Area F and there have been inquiries about creating new recreational vehicle and park model developments in the CSRD. These proposed amendments provide a staff with the framework to process similar bylaw amendment applications in the future when existing developments seek compliance with CSRD bylaws, or before new recreational vehicle and park model developments begin. Existing recreational vehicle and park model developments will only be considered for redesignation to Seasonal Recreation on application.
Crown land – Proposed Sewer System
As noted above, the owners propose to build a sewer system and replace the existing system on a portion of crown land on crown land north of the subject property. The owners have applied to the Ministry of Environment and Climate Change Strategy to use crown land for a sewer system and discharge fields. The owners have also applied for a crown land tenure for the exclusive use of this land for the sewer system. To date the CSRD has not received a referral for the crown tenure application. The portion of crown land north of the Gateway property proposed to house the sewer system will be designated Commercial Public Utility in Bylaw No. 830-22. If Bylaw No. 830-22 is adopted, a portion of crown land north of the subject property will be within the Commercial and Public Utility Development Permit Area, which is for the development of commercial water treatment and sewer systems.
This portion of crown land is outside of the administrative boundary of Bylaw No. 825, and not part of Bylaw No. 825-46. However, as crown land, land use is strictly regulated by the province through the terms of crown land tenure.
Staff are researching the possibility and need as to whether or not the administrative boundary of Bylaw No. 825 should be expanded to encompass this area as well.
Scotch Creek/Lee Creek Zoning Amendment Bylaw No. 825-46 (Bylaw No. 825-46)
The proposed zoning is a comprehensive development zone with six development areas to define and regulate the existing development on the property and areas for future development, see “BL825-46_First.pdf” attached to this report.
Development Area 1 (DA1)
DA1 is the northern end of the property and proposed new expansion area for Gateway. This area will include up to 164 new share sites (bringing the total to 375) for recreational vehicles or park models only. This area will also include the communal properties amenities and facilities such as a clubhouse for owners, and maintenance/storage facilities.
The new recreational vehicle and park model sites will be required to meet a minimum site size of 180 m2 for each site to ensure that a recreational vehicle or park model can fit with room for parking and a space for a deck or small shed.
Since the other development areas were all developed prior to the adoption of Bylaw No. 825, there is no minimum site size proposed in those areas as there are no new sites being proposed in those areas.
Development Area 2 (DA2)
DA2 is in the western middle portion of the property and is exclusively for single family dwellings, and vacation rentals. There are currently 103 sites in this area, of those only 21 sites are occupied with single family dwellings (see aerial photos on “Maps_Plans_BL830-22_825-46.pdf” attached). The proposed bylaw will recognize this use and only permit single family dwellings, and vacation rentals. There is no expansion of the 103 sites proposed with this amendment.
Development Area 3 (DA3)
East of DA 2 is DA3, which contains 69 sites for recreational vehicles and park models. Of those 69, 40 have recreational vehicles or park models (see aerial photos on “Maps_Plans_BL830-22_825-46.pdf” attached). In addition to recreational vehicles and park models, it is also has a detached dwelling for a caretaker to live year round, as well as the current sewer system and water treatment system.
The proposed DA3 would recognize and permit 68 shared interest sites, one owner/operator dwelling for the caretaker, community property facilities, as well as community water and sewer systems. There would be no further expansion of additional sites in this area.
Development Area 4 (DA4)
DA4 is near the south eastern corner of the portion of the property north of Squilax-Anglemont Road. This area contains 39 sites and has been fully developed with recreational vehicles and park models. This portion of the property is potentially in the Shuswap Lake Floodplain, which will be confirmed with up to date survey drawings required prior to second reading. DA4 would only permit 39 recreational vehicle spaces. Park models will not be permitted as it is easier to move a recreational vehicle if there is ever a flood. However, existing park models that were placed prior to Bylaw No. 825, could continue to exist in that portion of the property as they are considered to be nonconforming as per sections 528-535 of the Local Government Act. However, park models could not be replaced, and no new park models could be brought into this area.
Development Area 5 (DA5)
DA5 is the area of the south western portion of the property adjacent to Squilax-Anglemont Road and contains the existing property management office as well as an area used for the storage of recreational vehicles and boats and visitor parking.
Currently, there is no zone or definition in Bylaw No. 825 which could permit the outdoor storage of recreational vehicles and boats, so staff drafted a new definition to permit this use. The specific regulations in DA5 include screening requirements to ensure there is sufficient screening from adjacent properties and Squilax-Anglemont Road
The proposed bylaw amendment would recognize the existing uses as well as a select number of neighbourhood commercial uses that could serve the surrounding area, such as a retail store or restaurant. DA5 will also permit visitor parking.
Development Area 6 (DA6)
DA6 is in the south eastern portion of the property adjacent to Shuswap Lake as well as the lowest lying area of the property on the north side of Squilax-Anglemont Road.
DA6 will not permit any building or development. Land must be preserved as open space for passive enjoyment by owners. The only permitted use in this area is “open space” which preserves land in its natural state to preserve the environment and environmentally sensitive features.
New Definitions
There are four new definitions proposed with Bylaw No. 825-46 to clarify the specific uses permitted in each development area:
“COMMUNITY PROPERTY AMENITIES is the use of land, buildings, and structures for amenities to residents of stratas and shared interest properties;”
Examples include park space, swimming pools and clubhouses.
“OUTDOOR RECREATIONAL VEHICLE/BOAT TRAILER STORAGE is the use of land for parking of recreational vehicles, boats on trailers, and boat trailers for storage purposes only, and does not include the use of recreational vehicles or boats for temporary living accommodation and does not involve the use of buildings or structures;"
As noted above, the specific regulations in DA5 regulate screening requirements to ensure there is sufficient screening from adjacent properties and Squilax Anglemont Road.
This use may be applicable to other developments in the future for commercial open storage for recreational vehicle and park models. Since this use is not associated with any zones, new developments for specific properties could be considered through bylaw amendment.
“OPEN SPACE is land preserved, and maintained in its natural state to preserve natural flora, fauna, environmentally sensitive features and steep slopes;”
No buildings or structures would be permitted in this area.
“PROPERTY MANAGEMENT FACILITY is the use of land, buildings or structures for the maintenance and management of stratas, and shared interest properties. Property management facilities include offices, water treatment, sewage treatment, internal roads, storage of equipment and machinery used for the operation and maintenance of the strata or shared interest property
and the repair and maintenance of vehicles, equipment or machinery associated with the property.”
These definitions are the same as those used in the Hyde Mountain bylaw amendment (Bylaw No. 2070) and Lake Mara bylaw amendment (Bylaw No. 2068) applications in Electoral Area E.
Visitor Parking
Bylaw No. 825 requires one parking space per recreational vehicle or park model space, and two parking spaces per dwelling. Staff note that parking in recreational properties, especially those with recreational vehicles and park models are consistently over capacity and congested. In order to address this, additional visitor parking is being required as part of the new zoning for this property.
The bylaw amendment will require one additional parking space for every 6 shared interest sites (63 visitor parking spaces will be required for 375 shared interest sites proposed) in addition to any other parking requirements in Bylaw No. 825.
Since portions of the property have been developed, these parking spaces may not be able to fit in each development area. As a result DA5 has been zoned to permit additional parking to provide an area for the required parking which may not fit otherwise.
Prior to second reading, a site plan is required which will need to confirm that there is sufficient visitor parking available for each shared interest site (a minimum 63 parking spaces for 375 shared interest sites)
Site Allocation
The agents noted that not all of the sites identified in Phase 1 may be usable without significant site improvements, and have noted that the site plan may change in DA’s 2-4 when the professional reports are completed and bylaws are presented for second reading to reflect recommendations of technical reports. If the reports note that lots are not able to be developed, the densities in each development area will be updated to reflect the total amount of useable sites.
SUMMARY:
The owners of Gateway Lakeview Estates are applying amend the Electoral Area F Official Community Plan and the Scotch Creek Lee Creek Zoning Bylaw to legalize the existing uses recreational vehicles, park model trailers and recreational cabins and further develop an additional 164 sites for a total of 375 shared interest sites with neighbourhood commercial uses.
Staff support first reading of Bylaw No. 830-22 and 825-46 for the following reasons:
The owners have committed to installing a sewer system, and decommissioning the existing system with a lake discharge.
BL830-22 (Electoral Area F Official Community Plan amendment) will establish a best practices and guidelines for processing applications for seasonal recreational properties for recreational vehicles and park models for this application and future bylaw amendments for similar developments.
BL825-46 (Scotch Creek/Lee Creek Zoning Bylaw amendment) will create a property specific comprehensive development zone with specific land use areas to legalize the existing uses of
The temporary and seasonal use of recreation vehicles and park models is becoming increasingly popular in the CSRD; The regulations and definition in Bylaw No. 825-46 are consistent to other bylaw amendments for recreational vehicle and park model developments, and are able to be used in future bylaw amendment applications in The Scotch Creek and Lee Creek areas.
The owners will be required to provide technical reports and detailed drawings to ensure hazard mitigation; drainage; water; and sewer systems are adequate for the property prior to the Board reviewing the application for second reading.
IMPLEMENTATION:
If the proposed bylaw amendments are given first reading, the owners will be notified and reminded of their requirement to produce the following:
Steep slopes hazard assessment; Drainage assessment;
Traffic assessment;
Survey of the property with confirmation of elevations, slopes and flood plan delineation; Flood plain assessment; and
Riparian area assessment.
An updated site plan which includes all proposed sites, and parking.
The owners will also be reminded of their requirement to post two signs on the property adjacent to Squilax-Anglemont Road as per the Development Services Procedures Bylaw No. 4001, as amended. Pursuant to CSRD Policy No. P-18 regarding Consultation Processes-Bylaws, staff recommends the complex consultation process be used for this application. Neighbouring property owners will first become aware of the application for OCP and zoning amendments when the notice of development sign is posted.
COMMUNICATIONS: Referrals:
If the bylaw is given first reading, it will be forwarded to the referral agencies. Agency comments will be provided with a future board report when second reading is considered by the Board. The following list of referral agencies is recommended:
CSRD Financial Services CSRD Operations Department Interior Health Authority
Ministry of Forests Lands Natural Resources and Rural Development: Archaeology Branch Ministry of Forests Lands Natural Resources and Rural Development: Lands Branch Ministry of Environment & Climate Change Strategy: Environmental Protection Division All Relevant First Nations Bands and Councils
o Adams Lake Indian Band; o Little Shuswap Indian Band; o Neskonlith Indian Band; o Okanagan Indian Band;
o Shuswap Indian Band; o Simpcw First Nation; and, o Splatsin First Nation.
Due to special provisions regarding COVID-19, Advisory Planning Commission (APC) meetings are currently not being held in the CSRD.
Complex Consultation
CSRD Policy P-18 – Consultation Processes – Bylaws, suggests that the Complex Consultation process be used in situations where applications require both an Official Community Plan and a zoning change, would result in a large development project, or has significant potential to adversely affect surrounding properties. Staff recommend this process be used for the following reasons:
Previous Gateway Lakeview Estates bylaw amendment applications have been controversial, with lots of public participation in the referral and hearing process.
Gateway Lakeview Estates is a large development.
A new Official Community Plan designation and zone are being proposed.
If approved by the Board, the owners would be required to hold a public information meeting in the community to explain the proposal and answer questions. Coordinating, advertising and hosting this meeting would be the responsibility of the owners. The CSRD is not involved in the public information meeting.
Staff note that there are no legal requirements for this type of meeting although staff would typically liaise with the owners or their agents as to the appropriate advertising, timing and location of such a meeting. Given the current provincial restrictions regarding public gatherings and need for physical distancing, this meeting may not be held until the Provincial Health Officer provides further direction on such gatherings and/or these restrictions are relaxed.
The owners must provide a summary of the meeting proceedings and comments. All of which will be included with referral responses in a future board report prior to the delegation of a public hearing. DESIRED OUTCOMES:
That the Board endorse staff recommendations. BOARD’S OPTIONS:
1. Endorse the Recommendations. 2. Deny the Recommendations. 3. Defer.
4. Any other action deemed appropriate by the Board.
LIST NAME OF REPORT(S) / DOCUMENT(S) AVAILABLE FROM STAFF: 1. Electoral Area F Official Community Plan Bylaw No. 830
3. CSRD Bylaw amendments 830-14 and 825-31 Board reports 4. CSRD Bylaw amendments 830-9 and 825-24 Board reports 5. CSRD Liquid Waste Management Plan
