Draft Official Community Plan – July 2023
– review of selected points of the draft plan of potential importance to CLWPOS – Notably Riparian Development Permit Area Guidelines
– What is the Riparian Area? – from July 5, 2023 presentation
– Proposed new Development Permit Areas – from July 5, 2023
– Paper copies of the new draft OCP are available and can be downloaded from the RDKB website. Copies of the July 5 presentation are available on request.
Draft Official Community Plan – July 2023 (1)
– Section 6.5 – Support the implementation of the Christina Lake Watershed Management Plan
– Section 6.22 –Develop a Riparian Guide that outlines what a riparian area is and how best to preserve it on private property
– Section 13.8 – Support an updated feasibility study for a liquid waste management plan to explore options for a community-based system.
– Section 19.2.5 – Where removal of existing (retaining) retaining walls is not viable, request a redesign of the wall to reduce environmental impacts to the foreshore
– section 19.10.2 – Houseboats and floating homes will not be permitted
Draft Official Community Plan – July 2023 (2)
– Section 21 – considers sewage treatment system design requirements for permitting purposes
– Section 22 – Riparian Development Permit Area
Section 22.5 Guidelines
Section 22.5.1 The extent of the riparian area required for a parcel is as follows: 10 meters from the natural boundary of the lake … unless determined otherwise by a Qualified Environmental Professional
Riparian Permit Areas
Waterfront 100 DPA
Commercial DPA
Riparian DPA
Next Steps
From RDKB Senior Planner Liz Moore’s presentation – July , 2023
Local governments designate Development Permit Areas (DPAs) in Official Community Plans (OCP) by the authority set out in the Local Government Act, Section 488.
DPAs help to protect, preserve and promote certain features or characteristics in a community.
This can be through landscaping or exterior finishing of buildings (form and character), or through requiring building designs that reduce the emissions of greenhouse gases and promote energy conservation.
Also, DPAs can require the protection of the environment, ecosystems and biodiversity.
They require an application to the Regional District to detail, in writing and graphics, how guidelines will be met in order to obtain a Development Permit (DP).
A DP must be issued before a building permit can be issued.
Insert Map 11 from July 5, 2023 presentation
Waterfront 100 DPA
What’s New?
• Changing the name of the Environmentally Sensitive Waterfront to Waterfront 100.
• Clarified what is being asked for by simplifying the guidelines to specific points rather than in multiple paragraphs.
• Strengthening the language around ensuring that the proposed septic system will include measures to prevent input of nutrients, such as nitrogen and phosphorous into the lake.
When is a Permit required?
When building, renovating, altering, and extending a building or structure that would create a new dwelling unit or expand the floor space in a current one in the area designated at Waterfront 100 DPA—within a hundred meters of Christina Lake or one of the Lake’s tributaries.
Exemptions
- 100 m beyond natural boundary of lake
- Repair/renovation without increasing floor area
- Land subdivision
- FireSmart work within 10 m of existing structure
- Free standing fences and signs
- Garden maintenance
- Repairs related to emergency events
Guidelines
- Application to include site plan & updated septic system design
- Septic design sealed by qualified professional (PEng or PGeo)
- Requirements for this report are detailed
- Exceed Provincial minimum standards
- Include potential impacts from climate change
- May include on-going monitoring by QP
- Commercial DPA’s
- What’s New?
- The three Commercial DPAs in the current Official Community Plan are proposed to be put into one Commercial DPA.
- When is a Permit required?
- When building, renovating, altering, and extending a building or structure on parcels in the Commercial DPA.
- Exemptions
- A Commercial Development Permit is not required for any of the following:
- .Subdivision of land
- • Site preparation and maintenance including the alteration of land;
- • Minor alterations to buildings or structures not involving additional floor area;
- • Construction of fences, additions such as decks and stairs.
- Commercial DPA – Guidelines
- -The guidelines speak to considerations of existing and potential site development; siding materials and colour, screening, vehicle parking, access and egress, visibility, landscaping, signage and lighting.
- For developments adjacent to a waterway, Development 100 and Riparian guidelines may also apply.
- Riparian DPA
- What’s New?
- This is a new Development Permit Area focused on the protection of riparian areas, which are areas upland from the natural boundary of a watercourse.
- When is a Permit required?
- When building or developing that includes disturbing the soil or removing vegetation in the Riparian DPA.
- The Riparian DPA is:
- • 10 m setback from the natural boundary of lakes.
- • 30 m setback from the top of bank of Kettle River and Christina Creek.
- • 15 m setback from the top of bank of creeks, streams, and the natural boundary of wetlands.
- Riparian Development Permit exemptions
- Projects that do not increase building floor area
- Projects that do not remove vegetation or move soil within RDPA
- Projects outside the riparian area
- FireSmart projects within 10 m of an existing structure
- Riparian restoration
- Land within 15% access corridor
- Construction of freestanding fences & signs
- Gardening activities
- Repairs in response to an emergency event
- Guidelines
- 10 meters from lake natural boundary (QEP may change)
- 15 % access corridor unless constrained by topography supported by QEP report
- Landscape plan to be submitted with application
- Requirements of QEP report detailed
- Existing riparian area undisturbed
- Follow up report may be required with security deposit
- Next Steps
- What happens after this Open House?
- The OCP Draft will be sent to different groups, RDKB based and external, for further discussion and revisions, including:
- • Steering Committee meeting to discuss what we heard at this Open House.
- • Referral to Province, First Nations, other interested parties.
- • To the Area C Advisory Planning Commission
- • To the Electoral Area Services Committee
- • To the Board of Directors
- • Public Hearing
- • Back to the Board of Directors
- Discussion
- Provisions of the 2023 Draft Area C OCP include new ‘guidelines’ relating to development in Riparian Areas – might these evolve to ‘Regulations’ – What action (s) should the Society take?
- Discussion of draft response by the Society
- Environmental Websites
- Watersheds Canada
- Love Your Lake
- Safe Quiet Lakes
- Living Lakes Canada
- Foreshore Integrated Management Planning Methods
- Motion – to approve adoption of the Chairmans’ report
- It was a quiet year (until early July)
- The proposed BC Parks project at the south end of the lake was shelved due to adverse local response
- Grace McGregor was re-elected as our Area C rep to the RDKB
- The spring freshet caused only minor flooding
- Highway 3 was temporarily closed twice due to a rockslide and then a mudslide
- A floodplain survey using Lidar identified many developed properties potentially subject to flooding
- Emergency evacuation plan do indeed exist
- Then Draft 3 of the Area C OCP was released
- Preamble
- The Christina Lake Waterfront Property Owners’ Society thanks members of the steering committee for their hard work in the development of the draft Area C Official Community Plan. Our Society supports many of the proposed provisions of this new plan. However, the potential impact of some aspects of the plan, especially those related to the establishment of a new Riparian Development Permit Area at Christina Lake cause our Society concern.
- The Christina Lake Waterfront Property Owners’ Society concurs with the importance of preserving the unique characteristics of Christina Lake, including water quality, the safe, quiet enjoyment of residential properties and the stewardship of natural resources.
- The need to ensure the adequate performance of septic systems on private property is recognized. Some additional provisions could be developed to recognize the potential significance of high usage of existing systems during the peak summer months of July and August when there is a high increase of summer residents at the lake.
- Existing legislation has to date served well to protect lake quality as determined by annual Ministry of the Environment surveys supplemented by more frequent survey work by trained volunteers from the Christina Lake Stewardship Society. Accordingly, the need for establishing a new development permit area provision seems to be ill founded.
- Proposed Motion
- ‘Be it resolved that the board of the Christina Lake Waterfront Property Owners’ Society be instructed to write a letter to the Regional District of Kootenay Boundary and other relevant authorities expressing concern at the terms of the Draft Area C Official Community Plan relating to the implementation of a new provision proposed in Section 22 of the draft Plan entitled ‘Riparian Development Permit Area’.
This motion was passed unanimously
