STAFF REPORT. Recreation Commercial (RC) Recreation Commercial One (RC-1) Park Residential One (PR-1)

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1 STAFF REPORT DATE: May 1, 2018 TO: Chair and Directors Electoral Areas Services Committee FILE: EASC FROM: Dave Leitch Chief Administrative Officer RE: BYLAWS NO. 305 AND OCP AMENDMENT AND REZONING (QUADRA LINKS LTD.) PLANNING FILE NOS /CP 3C 18 and /RZ 3C 18 ROLL NO.: PID NO.: APPLICANT: LAND DESCRIPTION: LOCATION: Quadra Links Ltd. Lot 2, District Lots 122 and 154, Sayward District, Plan except Part in Plan VIP Heriot Bay Road, Quathiaski Cove BC OCP: Bylaw No Quadra Island Official Community Plan Bylaw, 2007 EXISTING DESIGNATION: PROPOSED DESIGNATION Recreation Commercial (RC) Park Residential (PR) ZONING BYLAW: Bylaw No Quadra Island Zoning Bylaw, 1990 EXISTING ZONE PROPOSED ZONE: Recreation Commercial One (RC-1) Park Residential One (PR-1) PURPOSE To consider an Official Community Plan and zoning bylaw (text and map) amendments to create and apply a new Park Residential (PR) designation and a Park Residential One (PR-1) zone, to facilitate the development of a 17-lot strata subdivision over hectares. POLICY ANALYSIS Part 14 Planning and Land Use Management of the Local Government Act (LGA) addresses local governments roles regarding Official Community Plans and zoning bylaws, namely s.474 (Official Community Plans), s.479 (Zoning Bylaws) and ss (Public Hearings on Bylaws). EXECUTIVE SUMMARY A site-specific Quadra Island Official Community Plan (OCP) and zoning bylaw amendment is presented to facilitate the subdivision and development of a hectare (65.37 acre) portion of the Quadra Links Ltd. property at 950 Heriot Bay Road into a 17-lot strata subdivision, including a 15 percent park dedication along the north boundary, common property for a sewage treatment system and a multi-use public trail to link with existing trails in the area. The balance of the ha. property will remain as a 9-hole golf course under the existing Recreation Commercial One (RC-1) Zone.

2 Staff Report CP 3C 18/ RZ 3C 18 (Quadra Links Ltd.) Page 2 At the time the golf course was established in 2005, it was planned for an 18-hole future expansion. The golf course expansion proposal has been abandoned and replaced with the proposed park residential strata subdivision. The original rezoning of the property to RC-1 in 2005 involved the preparation of ground water, surface drainage and environmental assessment reports. These reports are available for inspection if required. The identified environmentally sensitive habitats will continue to be protected as part of the existing golf course. The proposed development is consistent with the proposed Park Residential designation of the Quadra Island OCP and the country residential character of the area. In accordance with OCP housing objectives respecting small-scale housing opportunities in rural areas and the Quadra Island housing survey, the proposal seeks to provide smaller country residential lots with communal servicing, thus increasing the range of housing options available on Quadra Island. The development will provide additional recreational and community benefits in the form of a surfaced public trail, a link to the Hoskyn Farm trail system and 4.0-hectare linear park system built to SRD specifications linking Milton, Topcliff and Heriot Bay Roads. The proposed strata lots will be appropriately serviced with connections to the community sewer system and the development of a community water service provided through several drilled wells on the property. Given the above considerations, it is recommended that support be given to the proposal to amend the Quadra Island OCP and zoning bylaw and Bylaws No. 305 and 306 are attached for Committee's consideration of Second Reading and the scheduling of a public hearing. RECOMMENDATIONS 1. THAT the report from the Chief Administrative Officer be received; 2. THAT Bylaws No. 305 and 306 be forwarded to the Board for second reading with a p.m. on recommendation that a public hearing be authorized to be held at 2018 at Respectf V Dave Leitch Chief Administrative Officer BACKGROUND In 2002, the applicants applied to have 63.8 hectares at 950 Heriot Bay Road re-designated and rezoned to Recreation Commercial to facilitate the development of an 18-hole golf course. In 2005, the re-designation and rezoning was approved and the development of a nine-hole golf course followed. The property owners are now seeking to develop the unused hectares of the property as a 17-lot strata subdivision. Currently, the zoning limits residential use to one residence, for the use of a caretaker or manager, and therefore an OCP amendment and rezoning from Recreation Commercial to a new Park Residential designation and Park Residential One (PR-i) zone is required to permit the proposed strata subdivision of the hectare portion. In accordance with OCP housing objectives respecting small-scale housing opportunities in rural areas and the Quadra Island housing survey, the proposal seeks to provide smaller park residential lots with communal servicing, thus increasing the range of housing options available on Quadra Island. The applicants have indicated a building scheme will be registered as a covenant against each new title, with respect to exterior design considerations, screening and setbacks from property lines

3 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 3 AGENCY REFERRALS The application was referred to a number of First Nations and agencies for their consideration. Comments received to date are summarized in the table below: Agency BC Assessment Authority: BC Ferries Corporation: Fire Department Quadra Island: Ministry of Agriculture: Ministry of Community, Sport and Cultural Development: Ministry of Environment: FLNRO (Archaeology): Ministry of Transportation and Infrastructure (MoTI): School District 72: VIHA: First Nation Cowichan Tribes: Halalt First Nation: Homalco First Nation: Klahoose First Nation: K omoks First Nation: Lake Cowichan First Nation: Laich-Kwil-Tach Treaty Society: Lyackson First Nation: Nanwakolas Council: Comments No concerns. No concerns. No concerns. Recommends vegetation clearing take place outside the nesting season from March 1 to August 31, protection of Great Blue Herons in the area, and the retention of the existing wetland on the property. There is potential for archaeological sites on this property. Prior to any land alterations, an eligible consulting archaeologist should be contacted to review the development proposal. No concerns subject to acceptable road construction standards, a stormwater management plan, and suitable sewer and water provision. VIHA will review this proposal at subdivision stage. Comments Will defer comment to local First Nations.

4 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 4 Penelakut Tribe: Stz uminus First Nation: We Wai Kai Nation: Wei Wai Kum Nation: PLANNING ANALYSIS The 64-hectare property is currently designated Recreation Commercial and zoned Recreation Commercial One (RC-1), requiring a minimum parcel size of 30 hectares and limited residential use to one single family dwelling for a caretaker or manager. As an expansion of the golf course has been deemed non-viable, a hectare portion of this property is now proposed to be redesignated and rezoned to allow the development of a 17-lot strata subdivision, which will incorporate a surfaced public trail, a link to the Hoskyn Farm trail system along the East boundary of the property and 4.0-hectare linear park system built to SRD specifications and linking Milton, Topcliff and Heriot Bay Roads. The proposed strata lots will vary in size from 6800 square metres (1.69 acres) to 1.36 hectares (3.36 acres) and be accessed off Heriot Bay Road by a chip-seal surfaced strata road built to MoTI specifications. The lots will be connected to a community sewer system and a community water system through several drilled wells on the property. Additionally, the applicants intend to register a building scheme covenant registered against each title, with respect to exterior design considerations, screening and setbacks from property lines. The consultation process with First Nations and government agencies provided minor considerations as part of the development. The Ministry of Environment recommends that vegetation clearing take place outside the nesting season from March 1 to August 31, that Great Blue Heron nests in the vicinity be protected and that the existing wetland on the property be retained. MoTI have no concerns subject to acceptable road construction standards, the implementation of a stormwater management plan, and suitable sewer and water provision. The Provincial archaeology branch recommends that, prior to any land alterations, an eligible consulting archaeologist be contacted to review the development proposal as archaeological remains may exist on this property. The proposed development is consistent with the proposed Park Residential designation of the Quadra Island OCP and the existing country residential character of the area. The proposal seeks to provide smaller country residential lots with communal servicing, thus increasing the range of housing options available on Quadra Island, which supports recommendations of the Quadra Island housing surveys. In accordance with OCP recreation policies, the development would also provide additional recreational and community benefits in the form of public trails and a linear park system. FINANCIAL IMPLICATIONS Fees for the OCP and rezoning application process have been applied in accordance with the Regional District s Planning Procedures and Fee Bylaw (Bylaw No. 5). LEGAL IMPLICATIONS This report and the recommendations contained herein follow the Local Government Act (LGA) and Regional District bylaws. This includes the zoning of land, which includes the surface of the water, set out in s.479 of the LGA. CITIZEN/PUBLIC RELATIONS IMPLICATIONS Should a recommendation of support be made for the application and Bylaw Nos. 305 and 306 proceed forward, public consultation will occur in the form of a public hearing, conducted in compliance with the requirements of ss Public Hearings, of the LGA, as required prior to final adoption of any proposed bylaw amendments.

5 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 5 INTERDEPARTMENTAL INVOLVEMENT/IMPLICATIONS The planning department will be responsible for all aspects of the bylaw amendment process. Additionally, corporate services staff resources will be required during the public hearing process and the finalization of the adoption of the bylaw. Submitted by: Ralda Hansen Community Services Manager Prepared by: J. Neill, Planner Attachments: Bylaw No. 305 and Bylaw No. 306

6 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 6 Location Plan

7 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 7 Site Plan

8 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 8 Subject Property Site Orthophoto

9 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 9

10 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 10 Applicants Statement The extensive technical schedules are available for viewing in the property file.

11 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 11 Recreation Commercial Designation Policy

12 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 12 Park Residential Policies (a) Areas designated as park residential are identified in Schedule A-1 and represent those areas where there is a demand for additional residential lots within an area of significant recreational amenity. These areas are expected to provide smaller residential lots as well as opportunities for local residents to enjoy the countryside, while preserving the essential rural character of the area through the sensitive placing of houses and accessory buildings well back from property lines, the retention of significant vegetative buffers and wetland areas, as well as the provision of multi-use trails to link one part of the site with another. (b) The following policies apply to those lands designated park residential: (i) A minimum lot size of 6500 square metres (1.6 acres) shall apply to those lands designated park residential where the land being proposed for subdivision is serviced by an approved community sewer system and/or waterworks or both, where site specifics dictate. Where lands are not serviced as outlined above, these lands shall be subdivided in accordance with Ministry of Health Services regulations, in which case the minimum lot size shall not be less than 1 hectare (2.47 acres). (ii) The minimum parcel size as stated above may be varied by five percent (5%) to facilitate subdivisions that consider the geographic or other conditions of the subject property. (iii) A minimum of fifteen percent (15%) of land designated park residential is to be dedicated as park, including a public trail system for the recreational enjoyment of local residents. Proposed Park Residential Designation Policies

13 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page 13 Existing Recreation Commercial One (RC-1) Zoning

14 Staff Report CP 3C 18 / RZ 3C 18 (Quadra Links Ltd.) Page B PARK RESIDENTIAL ONE (PR-1) 11.4B.1 PRINCIPAL USES a) Single family dwelling; b) Accessory buildings and structures; c) Park; d) Utility use. 11.4B B.3 CONDITIONS OF USE a) One (1) principal building may be located on a lot, subject to all other requirements of the bylaw. b) A minimum of 15 percent of land zoned Park Residential One (PR-1) is to be dedicated as Park. c) All residential buildings must be connected to a community sewer and water system approved by the appropriate government agency. d) Statutory Rights-of-Way, a minimum of 5 metres wide, for a multi-use public trail system in the name of the Strathcona Regional District is to be provided. LOT AREA 11.4B 4 DENSITY 11.4B.5 The minimum lot area in the Park Residential (PR-1) zone shall be 6500 square metres (1.6 acres). The average density of all residential lots in the Park Residential (PR-1) zone shall be a minimum of 1 hectare (2.47 acres) per lot. SETBACKS Except where specified otherwise in this bylaw, the minimum setbacks for all buildings and structures shall be: 1) Front yard shall be a minimum of 7.5 metres (24.6 feet) from a front lot line; 2) Rear yard shall be a minimum of 7.5 metres (24.6 feet) from a rear lot line; 3) Side yard shall be a minimum of 7.5 metres (24.6 feet) from a side lot line. 11.4B.6 LOT COVERAGE 1) The maximum lot coverage for all buildings and structures shall not exceed 20 percent (20%). END PR-1 Proposed Park Residential One (PR-1) Zoning

15 BYLAW NO. 305 A BYLAW TO AMEND BYLAW NO. 3050, BEING QUADRA ISLAND OFFICIAL COMMUNITY PLAN BYLAW, 2007 WHEREAS the former Comox-Strathcona Regional District has, by Bylaw No. 3050, adopted an official community plan for part of Electoral Area C (Quadra Island) pursuant to Part 14 of the Local Government Act; AND WHEREAS a bylaw of the former Comox-Strathcona Regional District that regulates the use or development of land within the area comprising the Strathcona Regional District remains in force until amended or repealed; AND WHEREAS the Regional Board wishes to amend the aforesaid Bylaw No having due regard to the requirements of the Local Government Act; NOW THEREFORE the Board of Directors of the Strathcona Regional District, in open meeting assembled, enacts as follows: Amendments 1. Bylaw No being the Quadra Island Official Community Plan Bylaw, 2007 is hereby amended as set out in Schedule A attached to and forming part of this bylaw. Citation 2. This bylaw may be cited for all purposes as Bylaw No. 305, being Quadra Island Official Community Plan Bylaw, 2007, Amendment No. 12. READ A FIRST TIME ON THE 22nd DAY OF March, 2018 READ A SECOND TIME ON THE DAY OF, 2018 PUBLIC HEARING HELD ON THE DAY OF, 2018 READ A THIRD TIME ON THE DAY OF, 2018 RECONSIDERED, FINALLY PASSED AND ADOPTED ON THE DAY OF, 2018 Chair Corporate Officer

16 BYLAW NO. 305 PAGE 2 SCHEDULE A SECTION ONE TEXT AMENDMENT Part III Community Plan Policies is amended by inserting the following after Section Residential Policies: Park Residential Policies (a) Areas designated as park residential are identified in Schedule A-1 and represent those areas where there is a demand for additional residential lots within an area of significant recreational amenity. These areas are expected to provide smaller residential lots as well as opportunities for local residents to enjoy the countryside, while preserving the essential rural character of the area through the sensitive placing of houses and accessory buildings well back from property lines, the retention of significant vegetative buffers and wetland areas, as well as the provision of multi-use trails to link one part of the site with another. (b) The following policies apply to those lands designated park residential: (i) A minimum lot size of 6500 square metres (1.6 acres) shall apply to those lands designated park residential where the land being proposed for subdivision is serviced by an approved community sewer system and/or waterworks or both, where site specifics dictate. Where lands are not serviced as outlined above, these lands shall be subdivided in accordance with Ministry of Health Services regulations, in which case the minimum lot size shall not be less than 1 hectare (2.47 acres). (ii) The minimum parcel size as stated above may be varied by five percent (5%) to facilitate subdivisions that consider the geographic or other conditions of the subject property. (iii) A minimum of fifteen percent (15%) of land designated park residential is to be dedicated as park, including a public trail system for the recreational enjoyment of local residents. SECTION TWO MAP AMENDMENT The land use designation for land described as Part Lot 2, District Lots 122 and 154, Sayward District, Plan 36442, except Part in Plan VIP75891 on Schedule A-1 of Bylaw No. 3050, being the Quadra Island Official Community Plan Bylaw, 2007, is hereby amended from Recreation Commercial (RC) to Park Residential (PR) as shown on the attached Appendix 1.

17 BYLAW NO. 305 PAGE 3 Appendix 1 Part of Schedule A of Bylaw No.305, being Quadra Island Official Community Plan Bylaw, 2007, Amendment No. 12 Amends Schedule A-1 of Bylaw No. 3050, being Quadra Island Official Community Plan Bylaw, 2007.

18 BYLAW NO. 306 A BYLAW TO AMEND BYLAW NO. 1213, BEING QUADRA ISLAND ZONING BYLAW, 1990 WHEREAS the former Comox-Strathcona Regional District has, by Bylaw No. 1213, adopted zoning regulations for Quadra Island and vicinity pursuant to Part 14 of the Local Government Act; AND WHEREAS a bylaw of the former Comox-Strathcona Regional District that regulates the use or development of land within the area comprising the Strathcona Regional District remains in force until amended or repealed; AND WHEREAS the Regional Board wishes to amend the aforesaid Bylaw No having due regard to the requirements of the Local Government Act; NOW THEREFORE the Board of Directors of the Strathcona Regional District, in open meeting assembled, enacts as follows: Amendments 1. Bylaw No being the Quadra Island Zoning Bylaw, 1990 is hereby amended as set out in Schedule A attached to and forming part of this bylaw. Citation 2. This bylaw may be cited for all purposes as Bylaw No. 306, being Quadra Island Zoning Bylaw, 1990, Amendment No READ A FIRST TIME ON THE 22nd DAY OF March, 2018 READ A SECOND TIME ON THE DAY OF, 2018 PUBLIC HEARING HELD ON THE DAY OF, 2018 READ A THIRD TIME ON THE DAY OF, 2018 RECONSIDERED, FINALLY PASSED AND ADOPTED ON THE DAY OF, 2018 Chair Corporate Officer

19 BYLAW NO. 306 PAGE 2 SCHEDULE A SECTION ONE TEXT AMENDMENT 1) Part 8 ZONING DESIGNATIONS, Section is amended by inserting the following new zone after Residential One: Park Residential One Residential, in park setting PR 1 2) Part 9 SUBDIVISION REQUIREMENTS, Section is amended by inserting the following new zone after Residential One: Park Residential One (PR-1) 6500 square metres 3) Part 11 ZONES, Section 11.1, General Provisions is amended by inserting the following new zone: 11.4B Park Residential One (PR-1) 11.4B PARK RESIDENTIAL ONE (PR-1) 11.4B B B.3 PRINCIPAL USES a) Single family dwelling; b) Accessory buildings and structures; c) Park; d) Utility use. CONDITIONS OF USE a) One (1) principal building may be located on a lot, subject to all other requirements of the bylaw. b) A minimum of 15 percent of land zoned Park Residential One (PR-1) is to be dedicated as Park. c) All residential buildings must be connected to a community sewer and water system approved by the appropriate government agency. d) Statutory Rights-of-Way, a minimum of 5 metres wide, for a multi-use public trail system in the name of the Strathcona Regional District is to be provided. LOT AREA 11.4B 4 DENSITY The minimum lot area in the Park Residential (PR-1) zone shall be 6500 square metres (1.6 acres). The average density of all residential lots in the Park Residential (PR-1) zone shall be a minimum of 1 hectare (2.47 acres) per lot.

20 BYLAW NO. 306 PAGE B.5 SETBACKS Except where specified otherwise in this bylaw, the minimum setbacks for all buildings and structures shall be: 1) Front yard shall be a minimum of 7.5 metres (24.6 feet) from a front lot line; 2) Rear yard shall be a minimum of 7.5 metres (24.6 feet) from a rear lot line; 3) Side yard shall be a minimum of 7.5 metres (24.6 feet) from a side lot line. 11.4B.6 LOT COVERAGE 1) The maximum lot coverage for all buildings and structures shall not exceed 20 percent (20%). END PR-1 SECTION TWO MAP AMENDMENT Land legally described as Part Lot 2, District Lots 122 and 154, Sayward District, Plan 36442, except Part in Plan VIP75891, as shown on Schedule A-1 of Bylaw No. 1213, being the Quadra Island Zoning Bylaw, 1990, is hereby amended from Recreation Commercial One (RC-1) to Park Residential One (PR-1), as shown on the attached Appendix 1.

21 BYLAW NO. 306 PAGE 4 Appendix 1 Part of Schedule A of Bylaw No. 306 being Quadra Island Zoning Bylaw, 1990, Amendment No Amends Map 2 of Bylaw No. 1213, being Quadra Island Zoning Bylaw, 1990.