BOARD REPORT

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APPROVED for Board Consideration:

Meeting Date: January 21, 2016 Charles Hamilton, CAO

SHORT SUMMARY:

The area proposed to be rezoned is located in the Bastion Bay area of Electoral Area 'C'. This is an amendment to the Lakes Zoning Bylaw No. 900 to recognize the existing commercial dock, oversized swimming platform, and 25 private mooring buoys associated with Totem Pole Resort. The proposed amendment is to rezone a portion of Shuswap Lake from FM2 Foreshore Multi-Family 2 to FC2 Foreshore Commercial 2, which portion lies adjacent to the common property on Strata Plan K46, Section 5, Township 22, Range 8, W6M, KDYD, and includes DL2015, Section 5, Township 22, Range 8, W6M, which contains the existing commercial dock and swimming platform. Further, the proposal is to allow 25 private mooring buoys instead of the 15 private mooring buoys currently allowed in the site specific FM2 zone.

VOTING: Unweighted Corporate Weighted Corporate Stakeholder (Weighted)

LGA Part 14

(Unweighted)

BACKGROUND:

OWNERS: Owners Strata Plan K46

TO: Chair and Directors File No: BL 900-14

FROM: Jennifer Sham Planner

Date:

January 8, 2016

SUBJECT: Lakes Zoning Amendment (CSRD) Bylaw 900-14

RECOMMENDATION: THAT: a public hearing to hear representations on "Lakes Zoning Amendment (CSRD) Bylaw No. 900-14" be held; AND THAT: notice of the public hearing be given by the staff of the Regional District on behalf of the Board in accordance with Section 466 of the Local Government Act; AND FURTHER THAT: the holding of the public hearing be delegated to Director Paul Demenok, as Director of Electoral Area 'C' being that in which the land concerned is located, or Alternate Director Arnie Payment, if Director Demenok is absent, and the Director or Alternate Director, as the case may be, give a report of the public hearing to the Board.

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APPLICANT: CSRD

ELECTORAL AREA: 'C' (Bastion Bay)

CIVIC ADDRESS: 7429 Sunnybrae-Canoe Point Road, Sunnybrae, BC

LEGAL DESCRIPTION: District Lot 2015 together with all that unsurveyed Crown foreshore being part of the bed of Shuswap Lake and fronting that part of Section 5, Township 22, Range 8, W6M, shown as Common Property on Strata Plan K46 all of Kamloops Division Yale District

SURROUNDING LAND USE NORTH: Waterfront Residential PATTERN: SOUTH: Waterfront Residential EAST: Shuswap Lake WEST: Sunnybrae-Canoe Point Road, Crown Land

OCP (LAND): Waterfront Commercial (WC)

ZONING (LAND): N/A

CURRENT LAKE ZONING: Foreshore Multi-Family 2 (FM2)

PROPOSED LAKE ZONING: Foreshore Multi-Family 2 (FM2) with site specific density of private mooring buoys (maximum number of private mooring buoys is 25); and,

Foreshore Commercial 2 (FC2) with a dock with fuel sales, an oversized swimming platform, and zero private mooring buoys

AQUATIC HABITAT INDEX RATING: Moderate

SHORE TYPE & VEGETATION: Gravel

POLICY:

Electoral Area 'C' Official Community Plan Bylaw No. 725

2.3 Shoreline Environment This section of the OCP gives the following objectives and policies to be considered;

2.3.1 Objectives .1 To maintain the unique physical and biological characteristics of the shoreline environment.

.2 To maintain shoreline habitats to protect them from undesirable development.

.3 To manage the foreshore to ensure appropriate use and prevent overdevelopment. 2.3.2 Policies

.1 Non-moorage uses other than passive recreation are not acceptable on the foreshore. These include facilities such as beach houses, storage sheds, patios, sun decks, and hot tubs. Additionally, no commercial uses, including houseboat storage or camping, are acceptable on the foreshore.

.2 Land owners must not alter the natural habitat and shoreline processes unless specifically authorized. The placement of fill and the dredging of aquatic land are not generally acceptable.

.3 Encourage the Integrated Land Management Bureau, when carrying out reviews of foreshore tenure applications, to take the foregoing objectives and policies into consideration, with emphasis on the environmental sensitivity of the foreshore areas, as well as ensuring an

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appropriate relationship with upland areas.

.4 Private moorage owners and builders will comply with the Ministry of Environment’s Best Management Practices for Small Boat Moorage on Lakes, and minor works policies published by Transport Canada, Navigable Waters Protection Division prior to construction of any foreshore moorage (works).

3.7 Foreshore Water (FW) (Moorage) This section of the OCP gives the following objectives and policies to be considered;

3.7.1 Objective .1 To acknowledge existing permitted private moorage uses and commercial marinas and

provide limited opportunities for future moorage associated with residential development.

3.7.2 Policies .1 Moorage, including docks, private moorage buoys and boat lifts, may be considered only for

new fee-simple waterfront parcels.

.2 New development proposals on the waterfront parcel will provide a maximum of 1 moorage space per: a) New waterfront parcel created; or b) 30m of water frontage of the parent parcel; and

Each moorage space shall be calculated as 10 m linear length of dock that may be used for mooring a single vessel.

.4 Moorage proposals will be located away from or redesigned to avoid negative impacts on adjacent structures and uses, including other docks, marinas, beach access points, parks, utilities, water intakes, etc.

.6 Moorage should be located away from or be designed to have minimal impact on fish and riparian habitat. The Shuswap Watershed Mapping Project data, as updated from time to time on the Community Mapping Network should be referenced to help determine habitat values (other government data sources may also be utilized).

3.8 Commercial 3.8.1 Objective .1 To recognize existing commercial uses and provide for future commercial opportunities within

the Secondary Settlement Areas.

3.8.2 Policies .6 Existing Waterfront Commercial (WC) developments are recognized on the Schedules B and

C. New Waterfront Commercial (WC) developments are not supported. 12.2 Foreshore and Water Development Permit Area .4 Exemptions A Foreshore and Water DP is not required for the following: .4 Commercial and multi-family moorage facilities, including marinas and strata moorage

structures, requiring Provincial tenure. Lakes Zoning Bylaw No. 900

Berth is a moorage space for a single vessel at a fixed or floating dock.

Fixed dock is a structure used for the purpose of mooring boat(s) which may include multiple berths

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and may have permanent links to the shore and lakebed, such as piles or fixed decks.

Floating dock is a structure used for the purpose of mooring boat(s) which may include multiple berths but which does not include permanent physical links to shore or lakebed, except cables.

Private Mooring Buoy is a small floating structure used for the purpose of boat moorage, typically composed of rigid plastic foam or rigid molded plastic, and specifically manufactured for the intended use of boat moorage, but does not include a fixed or floating dock or swimming platform.

Swimming Platform is a floating structure used for non-motorized recreational activities, such as swimming, diving and sun-bathing, but not boat mooring. General Regulations Swimming platform is permitted in each zone, unless expressly prohibited in the zone.

Swimming platforms: a) must be accessory to a permitted use on the adjacent waterfront parcel, semi-waterfront parcel or waterfront unit; b) must only be used for passive recreation; c) must not be used for boat mooring; d) must not be greater than 10 m2 in surface area; e) must have a minimum setback of:

5 m from the side parcel boundaries of the adjacent waterfront parcel or semi-waterfront parcel, projected onto the foreshore and water;

6 m from the Foreshore Park zone or park side parcel boundaries projected onto the foreshore and water.

FM2 – Foreshore Multi-Family 2 zone Permitted uses:

group moorage facility

private mooring buoy(s)

boat lift

boat launch

The surface of the lake adjacent to the subject property is currently zoned FM2 - Foreshore Multi-Family 2 Zone, which permits a maximum number of 20 berths, and 2 private mooring buoys for the subject property. For the surface of the lake adjacent to Lot 1, Section 5, Township 22, Range 8, W6M, KDYD, Plan SPK46, the maximum number of private mooring buoys is 15 (site specific density). FC2 – Foreshore Commercial zone Permitted uses:

floating or fixed dock

private mooring buoy(s)

marina

boat launch

boat lift

The FC2 zone currently permits a maximum number of 50 berths, and 5 private mooring buoys.

The proposal is to rezone a portion of the surface of the lake adjacent to the subject property including DL 2015 from FM2 – Foreshore Multi-Family 2 to a site specific FC2 – Foreshore Commercial 2, to allow fuel sales on an existing commercial dock, to allow an oversized swimming platform, and to restrict the number of private mooring buoys in the FC2 zone to zero; and to amend

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the site specific density for private mooring buoys in the FM2 – Foreshore Multi-Family 2 from 15 buoys to 25 buoys for Totem Pole Resort. FINANCIAL: Consideration of the proposed bylaws represents no financial obligations to the CSRD at this time. KEY ISSUES/CONCEPTS: When the Lakes Zoning Bylaw No. 900 was drafted, a series of public open houses were held. During these open houses, the public were invited to fill out the information sheet provided, if their commercial, strata, shared interest or other development did not fit into the proposed zones. Most of the developments identified in the public submissions were recognized in Bylaw No. 900. Where owners did not come forward with information, staff used existing land zoning, orthophotographs, made phone calls, and when possible, conducted site visits to determine an appropriate surface water zone. In this case, Totem Pole Resort did not submit an information sheet.

Staff have not conducted a site visit, yet. There appears to be at least 33 buildings associated with the 34 strata lots, as well as a few accessory buildings in the common area, on the property located at 7429 Sunnybrae-Canoe Point Road. The commercial dock provides access for their water access clients to a store and caretaker residence located on Strata lots 8 & 9. Based on 2008 orthophotographs, there are 25 buoys located within the current FM2 zone, as measured perpendicular to the shore, in front of the subject property. It appears that one of the buoys may be within the proposed FC2 Foreshore Commercial zone; however, that buoy does not appear to be a potential navigational hazard. The agent has indicated that there are 32 buoys associated with the strata property; however, only 25 buoys are located within the FM2 area adjacent to the strata property. The remaining 7 buoys are considered legally non-conforming. Should the strata wish to recognize them, the strata may apply to amend the FM2 zone. This bylaw amendment is a CSRD initiated application and is housekeeping in nature.

There is a Lease/Permit/Licence #343000 that includes the existing commercial dock, swimming platform, and boat launch. This license was issued for a 10 year term starting July 12, 2006, and replaced Licence #337007. This license area extends into the water in a southeast direction from the shoreline of the subject property. The licence also includes an area on the foreshore for a retaining wall and fill, which are not part of this bylaw amendment. A modification agreement was entered into on December 12, 2011, but it was merely an amendment to the legal description and foreshore licence area. Provincial staff have confirmed that they have records dating back to 1976 confirming that the boat launch and a dock were in existence. At some point between 1976 and 1986, the second dock was added. The existing commercial dock is 3.15 m wide and 41 m long (129.15 m2). The existing commercial dock offers fuel sales at the end of the dock. The swimming platform has two sections: the first section is 3.7 m wide and 12.7 m long (46.99 m2), and the second section is 4.8 m wide and 7 m long (33.6 m2), totalling 80.59 m2.

A map amendment to include the FC2 zone to recognize the existing commercial dock, and the oversized swimming platform is required. This zone will not allow any private mooring buoys associated with the commercial use. Further, an amendment to the special regulation for the property in the FM2 zone that currently allows 15 buoys is required to recognize the existing 25 buoys. IMPLEMENTATION:

Consultation Process CSRD Policy No. P-18 regarding Consultation Processes-Bylaws, indicates that a simple consultation process can be followed. In accordance with CSRD Development Services Procedures Bylaw No. 4001, no notice of Development signs will be posted because this is a CSRD initiated rezoning.

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LIST NAME OF REPORTS / DOCUMENTS:

1. Lakes Zoning Amendment (CSRD) Bylaw No. 900-14

2. Maps: Location, Site Plan, OCP, Zoning 3. Orthophotos

Attached to Board

Report:

Available from

Staff:

4. License No. 343000 & Modification Agreement 5. Application

Attached to Board

Report:

Available from

Staff:

DESIRED OUTCOMES:

That the Board endorse staff recommendation.

BOARD'S OPTIONS:

1. Endorse recommendation. A public hearing will be delegated.

2. Decline to delegate the public hearing. Bylaw No. 900-14 will be defeated.

3. Defer.

4. Any other action deemed appropriate by the Board.

COMMUNICATIONS:

Agency Comments

Area 'C' Advisory Planning Commission Recommended approval

Department of Fisheries and Oceans No response

Navigation Canada/Transport Canada No objection to the project as submitted.

Ministry of Forests, Land and Natural Resource Operations – Lands Branch

No objections.

CSRD Operations Management Generally, no concerns. Fire Services: there is no fire protection in this area of Sunnybrae. Growth of a commercial dock and fuelling may increase the use of the dock and incident risk.

Adams Lake Indian Band No response

Little Shuswap Indian Band No response

Neskonlith Indian Band No response

REVIEWED BY: Date Signed Off

(MO/DD/YR) Approval Signature of Reviewing Manager or Team Leader

Team Leader, Development Services

Manager, Development Services

COLUMBIA SHUSWAP REGIONAL DISTRICT

LAKES ZONING AMENDMENT

(CSRD) BYLAW NO. 900-14

A bylaw to amend the "Lakes Zoning Bylaw No. 900"

WHEREAS the Board of the Columbia Shuswap Regional District adopted Bylaw No.900; AND WHEREAS the Board deems it appropriate to amend Bylaw No. 900; NOW THEREFORE the Board of the Columbia Shuswap Regional District, in open meeting assembled, HEREBY ENACTS as follows: 1. Bylaw No. 900 cited as "Lakes Zoning Bylaw No. 900" is hereby amended as follows:

A. TEXT AMENDMENT 1. Schedule A, Zoning Bylaw Text, Part 4 Zones, Section 4.7, Foreshore Multi-

Family 2 Zone subsection .2(b) Site Specific Density, is hereby amended by:

i) Deleting the following: "For the surface of the lake adjacent to Lot 1, Section 5, Township 22, Range 9, W6M, KDYD, Plan SPK46, the maximum number of private mooring buoys is 15. {Hirtle Road}

ii) adding the following: "For the surface of the lake adjacent to Section 5, Township 22, Range 9, W6M, KDYD, shown as common property on Plan K46, the maximum number of private mooring buoys is 25. {Totem Pole Resort}"

2. Schedule A, Zoning Bylaw Text, Part 4 Zones, Section 4.12, Foreshore Commercial 2 Zone is hereby amended by:

i) Inserting the following in subsection .2(b) Site Specific Density: "Notwithstanding Section 4.12.1(b), private mooring buoys are not permitted for the surface of the lake adjacent to Section 5, Township 22, Range 9, W6M, KDYD, shown as common property on Plan K46. {Totem Pole Resort}"

ii) Inserting the following in subsection .2(b) Size: "Notwithstanding Section 4.12.2(b), the commercial dock must not exceed 3.15 m in width for any portion of the dock for the surface of the lake adjacent to Section 5, Township 22, Range 9, W6M, KDYD, shown as common property on Plan K46.{Totem Pole Resort}"

BL 900-14 Page 2 PAGE 2

iii) Inserting the following after subsection .2 Regulations: "Notwithstanding Part 3, Section 3.4.2(d) the maximum size of the swimming platform is 80.59 m2 for the surface of the lake adjacent to Section 5, Township 22, Range 9, W6M, KDYD, shown as common property on Plan K46. {Totem Pole Resort}"

B. MAP AMENDMENT

1. Schedule B, Zoning Maps, is hereby amended by: i) Rezoning a portion of the surface of the lake adjacent to Section 5,

Township 22, Range 9, W6M, KDYD, shown as common property on Plan K46, which part is more particularly shown hatched on Schedule 1 attached hereto and forming part of this bylaw, from FM2 Foreshore Multi-Family 2 to FC2 Foreshore Commercial 2.

BL 900-14 Page 3 PAGE 2

2. This bylaw may be cited as "Lakes Zoning Amendment (CSRD) Bylaw No. 900-14." READ a first time this 20th day of August , 2015. READ a second time this 20th day of August , 2015. PUBLIC HEARING held this day of , 2016. READ a third time this day of , 2016. ADOPTED this day of 2016. CORPORATE OFFICER CHAIR CERTIFIED a true copy of Bylaw No. 900-14 CERTIFIED a true copy of Bylaw No. 900-14 as read a third time. as adopted. Corporate Officer Corporate Officer

Schedule 1 Lakes Zoning Amendment (CSRD)

Bylaw No. 900-14

FG1

FG1

FP FM1

From: FM2 – Foreshore Multi-Family 2 To: FC2 – Foreshore Commercial 2

Location

1:60,000

1:5,000

Subject Property

City of Salmon Arm Swansea Point

Shuswap Lake

Shuswap Lake

Sunnybrae

OCP

Zoning

Subject Property

Orthophotograph

2013