STAFF REPORT DATE: February 26, 2018 TO: Chair and Directors, Electoral Areas Services Committee FILE: 0540-04 EASC FROM: RE: Dave Leitch Chief Administrative Officer BYLAWS NO. 305 & 306 CONSULTATION PROCESS CP 3C 18/RZ 3C 18 (QUADRA LINKS LTD.) PURPOSE To consider the consultation process for an official community plan (OCP) amendment and a rezoning proposal applicable to property located at 950 Heriot Bay Road on Quadra Island. POLICY ANALYSIS During the amendment of an OCP and prior to a public hearing, Section 475 of the Local Government Act (LGA) requires the Regional District to provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected, and more specifically to consider whether to consult with the following: a) the board of any regional district that is adjacent to the area covered by the plan, b) the council of any municipality that is adjacent to the area covered by the plan, c) first nations, d) school district boards, greater boards and improvement district boards, and e) the provincial and federal governments and their agencies. Part 14, Planning and Land Use Management, of the LGA describes local governments roles regarding OCP and zoning bylaw amendments, namely Section 472 (Official Community Plans), Section 479 (Zoning Bylaws) and Sections 464-465 (Public Hearings on Bylaws). EXECUTIVE SUMMARY A site-specific Quadra Island OCP and Zoning Bylaw amendment is presented to facilitate the subdivision and development of a 26.45 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 63.8-ha. property will remain as a 9-hole golf course under the existing Recreation Commercial One (RC-1) Zone. At the time the golf course was established in 2005, it was planned for an 18-hole future expansion. The golf course expansion proposal is 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. On the basis of the proposed re-designation of land and in accordance with the requirements of the LGA, the Regional District must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. A proposed
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 2 First Nations' consultation process and agency referral list have been prepared for the Committee's consideration. Should the Committee recommend a consultation process, and the Board approve the recommendation and give first reading to the bylaws, staff will then forward the application and proposed bylaw amendment details to identified agencies and First Nations for review and comment. Upon completion of the consultation process, a full staff report on the application, including consultation outcomes, will then be prepared. RECOMMENDATIONS 1. THAT the report from the Chief Administrative Officer be received. 2. THAT Bylaw Nos. 305 and 306 be forwarded to the Board for consideration of first reading. 3. THAT the Committee recommend the First Nations' consultation process as outlined in the staff report dated February 26, 2018 for application (CP 3C 18/ RZ 3C 18 Quadra Links Ltd.) be approved. 4. THAT the Committee recommend the agency referral list as outlined in the staff report dated January 15, 2018 for the application (CP 3C 18/ AZ 3C 18 Quadra Links Ltd.) be approved. Respectfully: Dave Leitch Chief Administrative Officer BACKGROUND/HISTORY 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 26.45 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 OCR amendment and rezoning from Recreation Commercial to a new Park Residential designation and zone is required to permit the proposed strata subdivision of the 26.45-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. On the basis of the proposed re-designation of land, and in accordance with the requirements of the LGA, the Regional District must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. A proposed
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 3 First Nations consultation process and agency referral list have been prepared for the Committee s consideration. PROPOSED FIRST NATIONS CONSULTATION AND AGENCY REFERRAL The SRD is committed to early and on-going First Nations consultation, as required under Section 475 of the LGA and guided by the Ministry of Municipal Affairs and Housing s Guide to First Nations Engagement on Local Government Statutory Approvals. As part of the consultation process, the SRD will initiate contact with First Nations to provide application details and to seek First Nations input related to the proposed bylaw amendment considerations. Should comments, or concerns, be received from any First Nation regarding the proposed bylaw amendments, such comments will be forwarded to the Board for further consideration and direction. The following First Nations consultation list as sourced from the Province of BC s Consultative Areas Database is provided for Committee s consideration: Proposed First Nation Referral List Xwémalhkwu (Homalco) First Nation Nanwakolas Council Hul qumi num Treaty Group Cowichan Tribes Klahoose First Nation Stz uminus First Nation K ómoks First Nation Halalt First Nation Lake Cowichan First Nation We Wai Kai (Cape Mudge Band) Laich-Kwil-Tach Treaty Society We Wai Kum (Campbell River Band) Lyackson First Nation Penelakut Tribe Proposed Agency Referral List Agricultural Land Commission Ministry of Agriculture Advisory Planning Commission (APC) Ministry of Municipal Affairs and Housing BC Assessment Authority Ministry of Energy & Mines BC Ferries Corporation Ministry of Environment BC Parks Ministry of Forests, Lands & Natural Resource Operations (Archaeology) Powell River Regional District (PRRD) Ministry of Transportation and Infrastructure Environment Canada School District No. 72 (Campbell River) Fire Department (Quadra Island) Transport Canada Navigable Waters Ministry of Aboriginal Relations & Reconciliation Vancouver Island Health Authority (VIHA)
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 4 OPTIONS FOR THE COMMITTEE TO CONSIDER a) To provide support for the proposed First Nations consultation and agency referral list as identified above. b) To provide support for an amended First Nations consultation and agency referral list. c) To not authorize staff to proceed. Should support be provided and the bylaws given first reading, staff will then forward details of the application and proposed bylaw amendments to identified parties for review and comment. Following the consultation process, a staff report which summarizes the specifics of the application, consultation outcomes, and any amendments to the proposed bylaws will then be prepared for Committee s consideration. FINANCIAL IMPLICATIONS Fees for the official community plan and rezoning application process have been applied in accordance with the Regional District s Planning Procedures and Fee Bylaw (Bylaw No. 5). LEGAL IMPLICATIONS The report content outlining agency referral and First Nations consultation considerations is in accordance with LGA requirements. INTERGOVERNMENTAL/REGIONAL IMPLICATIONS There are no intergovernmental/regional implications at this time. CITIZEN/PUBLIC RELATIONS IMPLICATIONS There are no citizen/public relations implications at this time. INTERDEPARTMENTAL INVOLVEMENT/IMPLICATIONS Community Services staff resources will be required in the preparation of consultation and referral materials. Submitted by: Ralda Hansen Community Services Manager Prepared by: J. Neill, Planner ATTACHMENTS: Proposed OCP Amendment Bylaw No. 305 Proposed Zoning Amendment Bylaw No. 306
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 5 Site Plan
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 6 Recreation Commercial Designation Policy
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 7 3.1.3.1 (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
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 8 Existing Recreation Commercial One (RC-1) Zoning
Staff Report: Quadra Links - Consultation and Consideration of First Reading Page 9 11.4B 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.2 11.4B.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
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. 3050 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. 3050, being 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 DAY OF, 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
BYLAW NO. 305 PAGE 2 SCHEDULE A SECTION ONE TEXT AMENDMENT Park Residential Policies 3.1.3.1 (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) (ii) (iii) 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). 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. 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.
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.
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. 1213 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. 1213 being 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. 122. READ A FIRST TIME ON THE DAY OF, 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
BYLAW NO. 306 PAGE 2 SCHEDULE A SECTION ONE TEXT AMENDMENT 1) Part 8 ZONING DESIGNATIONS, Section 8.1.1 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 9.1 1 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.1 11.4B.2 11.4B.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.
BYLAW NO. 306 PAGE 3 11.4B.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.
BYLAW NO. 306 PAGE 4 Appendix 1 Part of Schedule A of Bylaw No. 306, being Quadra Island Zoning Bylaw 1990, Amendment No. 122. Amends Map 2 of Bylaw No. 1213, being Quadra Island Zoning Bylaw 1990.