Office of the Chief Administrative Officer 600 Comox Road, Courtenay, BC V9N 3P6 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca File: 3360-20/RZ 1B 16 January 27, 2017 We Wai Kai Nation / Laich-Kwil-Tach Treaty Society Quinsam Office 690 Headstart Cres Campbell River, BC V9H 1P9 Via Email: merci@wewaikai.com Attention: Merci Brown Dear Merci Brown: Re: Rezoning application Jo-Ann Estates Lot 2, Plan VIP85435, Ryan Road Lot 2, District Lots 229 and 239, Comox District, Plan VIP85435 The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the portion of the above-noted property currently zoned country residential one (CR-1). Through the application process including this referral, staff will identify an appropriate zone that will address the applicant s needs and align it with the planned revisions to the commercial and industrial zones through the Comox Valley Regional District s (CVRD) comprehensive zoning bylaw review currently underway. In accordance with our referral management program, if We Wai Kai Nation / Laich-Kwil-Tach Treaty Society has an interest in the rezoning application please respond by February 27, 2017. A formal referral package is enclosed for your review and comments. The CVRD is interested in hearing from you regarding this proposal and understanding your interests. In addition, the CVRD is available to meet with you at your convenience to discuss the rezoning application in more detail. Please contact Ann MacDonald at 250-334- 6077 or by email to planningdevelopment@comoxvalleyrd.ca to coordinate a meeting. Thank you. Sincerely, D. Oakman Debra Oakman, CPA, CMA Chief Administrative Officer Enclosure cc: Ann MacDonald, general manager of planning and development services branch
Office of the Chief Administrative Officer 600 Comox Road, Courtenay, BC V9N 3P6 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca File: 3360-20/RZ 1B 16 January 27, 2017 Wei Wai Kum First Nation / Kwiakah First Nation Kwiakah Treaty Society 1650 Old Spit Rd Campbell River, BC V9W 3E8 Via Courier Attention: Angie Lafontaine, Band Manager Dear Ms. Lafontaine: Re: Rezoning application Jo-Ann Estates Lot 2, Plan VIP85435, Ryan Road Lot 2, District Lots 229 and 239, Comox District, Plan VIP85435 The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the portion of the above-noted property currently zoned country residential one (CR-1). Through the application process including this referral, staff will identify an appropriate zone that will address the applicant s needs and align it with the planned revisions to the commercial and industrial zones through the Comox Valley Regional District s (CVRD) comprehensive zoning bylaw review currently underway. In accordance with our referral management program, if Wei Wai Kum First Nation / Kwiakah First Nation Kwiakah Treaty Society has an interest in the rezoning application please respond by February 27, 2017. A formal referral package is enclosed for your review and comments. The CVRD is interested in hearing from you regarding this proposal and understanding your interests. In addition, the CVRD is available to meet with you at your convenience to discuss the rezoning application in more detail. Please contact Ann MacDonald at 250-334-6077 or by email to planningdevelopment@comoxvalleyrd.ca to coordinate a meeting. Thank you. Sincerely, D. Oakman Debra Oakman, CPA, CMA Chief Administrative Officer Enclosure cc: Ann MacDonald, general manager of planning and development services branch
Office of the Chief Administrative Officer 600 Comox Road, Courtenay, BC V9N 3P6 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca File: 3360-20/RZ 1B 16 January 27, 2017 Homalco Indian Band 1218 Bute Crescent Campbell River, BC V9H 1G5 Via Courier Attention: Mary-Ann Enevoldsen, Homalco Treaty Coordinator Dear Ms. Enevoldsen: Re: Rezoning application Jo-Ann Estates Lot 2, Plan VIP85435, Ryan Road Lot 2, District Lots 229 and 239, Comox District, Plan VIP85435 The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the portion of the above-noted property currently zoned country residential one (CR-1). Through the application process including this referral, staff will identify an appropriate zone that will address the applicant s needs and align it with the planned revisions to the commercial and industrial zones through the Comox Valley Regional District s (CVRD) comprehensive zoning bylaw review currently underway. In accordance with our referral management program, if Homalco Indian Band has an interest in the rezoning application please respond by February 27, 2017. A formal referral package is enclosed for your review and comments. The CVRD is interested in hearing from you regarding this proposal and understanding your interests. In addition, the CVRD is available to meet with you at your convenience to discuss the rezoning application in more detail. Please contact Ann MacDonald at 250-334-6077 or by email to planningdevelopment@comoxvalleyrd.ca to coordinate a meeting. Thank you. Sincerely, D. Oakman Debra Oakman, CPA, CMA Chief Administrative Officer Enclosure cc: Ann MacDonald, general manager of planning and development services branch
600 Comox Road, Courtenay, BC V9N 3P6 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca First Nation referral form File: 3360-20 / RZ 1B 16 Jo-Ann Estates Ltd Ryan Road Response required: February 27, 2017 Please comment on the attached bylaw for potential effect on your interests. The Comox Valley Regional District (CVRD) wishes to ensure that all consultation with First Nations is considered early and ongoing. The CVRD will meet with you, at your convenience, to discuss this application. The offer to meet with you extends throughout the life of this application in order to gain your perspective and answer any questions that may arise. If you would like to arrange a meeting, please contact Ann MacDonald, general manager of planning and development services branch at 250-334-6077 or by email to planningdevelopment@comoxvalleyrd.ca. You will note on the response form a number of choices that describe your agency s interests. All details that support your position are appreciated as are official legislative, governance and policy considerations that may affect the CVRD s consideration of this bylaw. If required, please contact the CVRD to assist you in determining the type of additional information that would be helpful or assist you to better understand how this application may impact land use and development. Applicant s name: Purpose of bylaw: Legal description: Jo-Ann Estates Ltd. PID: 027-590-887 RGS designation OCP designation: Current zone: To rezone the subject property from country residential one Lot 2, District Lots 229 and 239, Comox District, Plan VIP85435 Settlement expansion area Settlement expansion area Commercial one (C-1) and country residential one (CR-1) Application description The subject property (Figures 1 and 2) is a 4.7 hectare lot located in electoral area B (Lazo North). The property is bounded on the south by Ryan Road East, to the north by agricultural land reserve (ALR) land, to the west by a C-1 zoned property and to the east by a CR-1 zoned property. It is in a neighbourhood of predominately commercial and industrial zoned properties. It is within the Comox fire protection district and the Comox Valley water local service area. The property is currently undeveloped.
Bylaw referral file: RZ 1B 16 Page 2 The application is to extend the C-1 zone to apply to the entire property in order to permit warehousing and office use as principal uses on the property. The intention is to relocate an existing storage and moving business to the property. Regional growth strategy and official community plan The property is designated in the settlement expansion area in both the regional growth strategy (RGS), Bylaw 120, being the Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010 and the official community plan (OCP) being the Rural Comox Valley Official Community Plan, Bylaw No. 337, 2014. Both the RGS and OCP policies for commercial and industrial development provide for the continuation of existing commercial and industrial uses. The proposed rezoning from residential to an appropriate commercial or industrial zone to make the property one zone that is consistent with the neighbourhood should not preclude future redevelopment in the area when the property is annexed to a municipality. Zoning bylaw The subject property is currently split zoned (Figure 3) with the southern portion (about 0.2 hectares) below the right of way zoned C-1 (Appendix A) and the northern portion (about 4.5 hectares) zoned CR-1 (Appendix B). The applicants have requested that the northern portion of the property be rezoned to C-1 to provide an opportunity to relocate their moving and storage business (Comox Moving & Storage / North American Van Lines and PRS / Allied Van Lines). The existing portion zoned C-1 is not large enough to accommodate the needed warehouse for the relocated business. Neither will it accommodate the proposed business expansion of self-storage. Development permit area This property is within three development permit areas. This property has a watercourse running south to north and a wetland in the north, thus will trigger an aquatic and riparian habitat development permit (DP) prior to construction in the DP area. The applicant has provided a Riparian Areas Regulation (RAR) assessment prepared in 2008 by Kenneth Bond, AScT from GAIA Environmental Consulting. This assessment identifies a 30 metre streamside protection and enhancement area (SPEA) from the wetlands and 10 metre SPEA from the watercourse (ditch). The applicant has submitted a site plan identifying the sensitive areas and the location of the proposed development that will protect these features (Figures 4 and 5). RAR will be implemented through the DP process. This property has ALR along the north and part of the east property lines. Thus any development proposed for the 30 metre buffer zone will trigger a farm land protection DP. In addition, if this property is developed as proposed, it will require a commercial and industrial DP for form and character. Please provide any comments indicating how the proposal may affect your interests. Thank you for your review.
Bylaw referral file: RZ 1B 16 Page 3 Sincerely, A. MacDonald Ann MacDonald, MCIP, RPP General Manager of Planning and Development Services Branch cc: Debra Oakman, chief administrative officer Attachments Appendix A C-1 zone, Zoning Bylaw No. 2781 Appendix B CR-1 zone, Zoning Bylaw No. 2781 \cjh
Bylaw referral file: RZ 1B 16 Page 4 Figure 1: Subject property map
Bylaw referral file: RZ 1B 16 Page 5 Figure 2: Air photo map
Bylaw referral file: RZ 1B 16 Page 6 Figure 3: Zoning map
Bylaw referral file: RZ 1B 16 Page 7 Figure 4: Site plan
Bylaw referral file: RZ 1B 16 Page 8 Figure 5: Site plan proposed development Wetlands (development restricted) Boundary for development Ditch Proposed warehouse Culvert under Ryan Road Gas (Terasen)
Bylaw referral file: RZ 1B 16 Page 9 First Nations referral response summary form FILE: 3360-20 / RZ 1B 16 (Jo-Ann Estates Ltd Ryan Road) Planning and development services (Connie Halbert) Approval recommended for reasons outlined below Approval recommended subject to conditions outlined below Interests unaffected or general comments related to this development proposal outlined below Approval NOT recommended due to reasons outlined below Signed by: Date: Title: Please return your response by February 27, 2017 Referral response may be electronically forwarded to planningdevelopment@comoxvalleyrd.ca.
Bylaw No. 2781 Comox Valley Zoning Bylaw, 2005 Appendix A Page 1 of 3 PART 900 COMMERCIAL & INDUSTRIAL ZONES 901 Commercial One (C-1) 1. PRINCIPAL USES On any lot: i) Service establishments; ii) Retail and wholesale establishments; iii) Offices; iv) Tourist accommodation; v) Restaurants; vi) Licensed establishments; vii) Public assembly; viii) Bed and Breakfast; ix) Outdoor storage; x) Warehousing. #3038 2. ACCESSORY USES On any lot in conjunction with permitted dwelling unit: i) Residential; ii) Secondary suite; iii) Home occupation. 3. CONDITIONS OF USE i) Any fairgrounds associated with Public Assembly shall be subject to the following conditions: a) Any camping associated with fairground use must be in conjunction with an event sponsored by a non-profit cause, organization or society taking place on the lot on which the use is carried out. ii) All permitted uses listed in Section (1)(iv), Tourist Accommodation, shall be subject to the following conditions: a) Floor Area Ratio (F.A.R.) (see also Part 2, Interpretation) shall be defined as: The gross floor area of all buildings on a lot divided by the gross area of the subject lot. Permitted F.A.R. = 0.5 For each 10% increase in "Open Space", to a maximum of 60%, F.A.R. is increased by 0.05. PART 900 COMMERICAL INDUSTRIAL ZONES
Bylaw No. 2781 Comox Valley Zoning Bylaw, 2005 Appendix A Page 2 of 3 4. PERMITTED DENSITY: i) Minimum unit area: 40.0 metres² (430.5 feet²). ii) Residential unit allocation ration: 0.75 iii) iv) Permitted density of development: Gross Lot Area (F.A.R. X 0.75) = Number of Units Permitted Minimum Unit Area A minimum of 25% of the lot area shall be retained as open space. v) Occupancy shall be temporary in nature with 50% of the total possible occupancy limited to a maximum stay of 6 months per visitor for any 12 month period. vi) vii) Permanent residential occupancy of up to 50% of the total site tourist accommodation may be permitted where: a) a site plan of the entire site identifying all forms of tourist accommodation (units) is provided in the form of a survey certificate. b) the minimum unit area for permanent residential use is 93.0 metres ² (1001.0 feet ² ). c) three of the following uses are in place on the site of the tourist accommodation operation: 1) restaurant; 2) service establishment; 3) office use; 4) retail establishment; 5) licensed facility; 6) outdoor recreation use. All permitted uses listed in Section (3), Conditions of Use, shall be subject to the following conditions: a) No parking, loading or storage areas shall be located within 1.5 metres (4.9 feet) of any property line. b) All outdoor storage or supply yards shall be screened from any abutting property zoned under Part 700 Residential Zones. c) Fuel service pumps or pump islands shall be located a minimum of 4.5 metres (14.8 feet) from any property line. PART 900 COMMERICAL INDUSTRIAL ZONES
Bylaw No. 2781 Comox Valley Zoning Bylaw, 2005 Appendix A Page 3 of 3 5. SITING OF BUILDINGS AND STRUCTURES The setbacks required for buildings and structures within the Commercial One zone shall be as set out in the table below. Required Setback Type of Structure Front yard Rear yard Side yard Side yard abutting road Principal 4.5m (14.8ft) 4.5m (14.8ft) 1.75m (5.8ft) 4.5m (14.8ft) Accessory 4.5m (14.8ft) 1.0m (3.3ft) 1.0m (3.3ft) 4.5m (14.8ft) Except where otherwise specified in this bylaw, no building or structure shall be located in any required front and side yard setback area. [Note: Part 400, Siting Exceptions, of this bylaw and Bylaw No. 1836 being the Floodplain Management Bylaw, 1997 may affect the siting of structures adjacent to major roads and the natural boundaries of watercourses and the sea, respectively.] 6. HEIGHT OF STRUCTURES The maximum permitted height of principal structures shall be: i) At required side yard setback: 8.0 metres (26.3 feet) ii) At 7.5 metres (24.6 feet) from any lot line: 10.0 metres (32.8 feet) iii) At 12.0 metres (39.8 feet) from any lot line: 12.0 metres (39.4 feet) 7. LOT COVERAGE i) The maximum lot coverage of all buildings and structures shall not exceed 50% of the lot area. 8. SUBDIVISION REQUIREMENTS i) Despite any other provision of this bylaw, the minimum permitted lot area within areas designated as settlement expansion areas under Comox Valley Regional Growth Strategy Bylaw No. 120, 2010 is 4.0 hectares. ii) iii) Despite any other provision of this bylaw, for the purpose of subdivision, the following sections of this bylaw do not apply to lots within areas designated as settlement expansion areas under Comox Valley Regional Growth Strategy Bylaw No. 120, 2010 : a) Section 503 Subdivision Standards 1. AREA AND FRONTAGE REQUIREMENTS i); b) Section 503 Subdivision Standards 2. LOT SIZE EXCEPTIONS i) a); and c) Section 503 Subdivision Standards 2. LOT SIZE EXCEPTIONS iii). Lot Area The minimum average lot area permitted shall be 2000 metres² (0.5 acres) with the exception that no minimum lot area shall apply when a structure is proposed for a strata title subdivision plan pursuant to the Strata Property Act, subject to the parent lot before strata having a minimum lot area of 2000 metres² (0.5 acres). End C-1 #200 PART 900 COMMERICAL INDUSTRIAL ZONES
Bylaw No. 2781 Comox Valley Zoning Bylaw, 2005 Appendix B Page 1 of 2 707 Country Residential One (CR-1) 1. PRINCIPAL USE i) On any lot: ii) a) Residential use. 2. ACCESSORY USES On any lot over 4000 metres² (1.0 acre): a) Agricultural use. i) On any lot: ii) a) Home occupation use; b) Accessory buildings; and c) Bed and Breakfast On any lot 2.0 hectares (4.9 acres) or larger: a) Animal kennels. 3. DENSITY Residential use is limited to: i) On any lot: One single detached dwelling and secondary suite, or one single detached dwelling and one carriage house, or one single detached dwelling and one secondary dwelling limited in area to 90 metres² (968.8 feet²). ii) On any lot 1.0 hectare (2.5 acres) and over: Two single detached dwellings. #112 4. SITING AND HEIGHT OF BUILDINGS AND STRUCTURES The setbacks required for buildings and structures within the Country Residential One zone shall be as set out in the table below. Type of Structure Required Setback Height Front yard Rear yard Side yard Frontage <31m Frontage >31m 7.5m 1.75m (5.8ft) 3.5m (11.5ft) (24.6ft) Principal 10.0m (32.8ft) 7.5m (24.6ft) Accessory 4.5m-or less (14.8ft) 7.5m (24.6ft) Accessory 6.0m-4.6m (19.7ft) 7.5m (24.6ft) 1.0m (3.3ft) 1.0m (3.3ft) 1.0m (3.3ft) 7.5m (24.6ft) 1.75m (5.8ft) 3.5m (11.5ft) Except where otherwise specified in this bylaw, no building or structure shall be located in any required front and side yard setback areas. [Note: Part 400, Siting Exceptions, of this bylaw and Bylaw No. 1836 being the Floodplain Management Bylaw, 1997 may affect the siting of structures adjacent to major roads and the natural boundaries of watercourses and the sea, respectively.] PART 700 RESIDENTIAL ZONES
Bylaw No. 2781 Comox Valley Zoning Bylaw, 2005 Appendix B Page 2 of 2 5. LOT COVERAGE i) The maximum lot coverage of all buildings and structures shall not exceed 35% of the total lot area. 6. FLOOR AREA REQUIREMENTS i) The maximum combined gross floor area of all accessory buildings shall not exceed 200.0 metres² (2152.9 feet²). 7. SUBDIVISION REQUIREMENTS i) Despite any other provision of this bylaw, the minimum permitted lot area within areas designated as settlement expansion areas under Comox Valley Regional Growth Strategy Bylaw No. 120, 2010 is 4.0 hectares. ii) iii) Despite any other provision of this bylaw, for the purpose of subdivision, the following sections of this bylaw do not apply to lots within areas designated as settlement expansion areas under Comox Valley Regional Growth Strategy Bylaw No. 120, 2010 : a) Section 503 Subdivision Standards 1. AREA AND FRONTAGE REQUIREMENTS i); b) Section 503 Subdivision Standards 2. LOT SIZE EXCEPTIONS i) a); and c) Section 503 Subdivision Standards 2. LOT SIZE EXCEPTIONS iii). Lot Area The minimum lot area permitted shall be 2.0 hectares (4.9 acres) Despite (iii), a subdivision with lots smaller than identified above may be created by subdivision provided that the average lot area within the subdivision is equal to the minimum lot area permitted. #200 End CR-1 PART 700 RESIDENTIAL ZONES