STAFF REPORT...Apr 30, 2018  · STAFF REPORT DATE: April 30, 2018 FILE: 0540-04 EASC TO: Chair and Directors Electoral Areas Services Committee FROM: Dave Leitch Chief Administrative

STAFF REPORT

DATE: April 30, 2018

FILE: 0540-04 EASC

TO: Chair and Directors Electoral Areas Services Committee FROM: Dave Leitch Chief Administrative Officer RE: BYLAWS NO. 297 AND 298 - OCP AMENDMENT AND REZONING (MALLIS)

PLANNING FILE NO. 3320-20/CP 1C 18 and 3360-20/RZ 1C 18

ROLL NO.: 772 18237.022 PID NO.: 001-188-097

APPLICANT: Shane Mallis

LAND DESCRIPTION: Lot K, District Lot 202, Sayward District, Quadra Island, Plan 31106

CIVIC ADDRESS: 1043 Topcliff Road, Quathiaski Cove BC

OCP BYLAW:

DESIGNATION:

PROPOSED OCP:

ZONING BYLAW:

Bylaw 3050, “Quadra Island Official Community Plan Bylaw, 2007”

Rural

Rural Residential / Country Residential

Bylaw No. 1213 “Quadra Island Zoning Bylaw, 1990”

EXISTING ZONE: Rural One (RU-1)

PROPOSED ZONE: Rural Two (RU-2) and Country Residential Two (CR-2)

PURPOSE

To consider an application to re-designate and rezone a 3.66-hectare parcel of land to facilitate its subdivision into two lots.

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 Section 474 (Official Community Plans), s.479 (Zoning Bylaws) and ss.464 - 465 (Public Hearings on Bylaws).

EXECUTIVE SUMMARY

The 3.66-hectare subject parcel situated at 1043 Topcliff Road, on Quadra Island is currently designated Rural and zoned Rural One (RU-1). A re-designation and rezoning application has been received to facilitate a subdivision of the parcel into two lots and to create two separate titles – one for the existing house and cottage and another for a vacant lot where a house could be

Res ully:

Dave Leitch Chief Administrative Officer

Staff Report — CP 1 C 18 / RZ 1 C 18 (Mallis) Page 2

built, as seen on the subdivision proposal attached: Proposed Lot 1 has the existing house and cottage and Proposed Lot 2 will be developed with a single-family dwelling only.

The applicant's sister and brother-in-law share title to the property and wish to build and live on the property. In order to facilitate their proposal, they have applied to:

• re-designate the subject parcel from Rural to Rural Residential for Proposed Lot 1 and from Rural to Country Residential for Proposed 2, and

• rezone the subject parcel from Rural One (RU-i) to Rural Two (RU-2) for Proposed Lot i and from Rural One (RU-i) to Country Residential Two (CR-2) for Proposed Lot 2.

The proposal has not identified any impact for adjacent landowners in the area. Comments received from government agencies and from First Nations have indicated no concerns with the proposal, provided that a recognized archaeologist is present if any land altering activities bring to light archaeological remains. The proposed draft OCR and Zoning amendment bylaws were given First and Secord Readings by the Board at its February 22 meeting and given the above considerations, it is recommended that support be given to the proposal to re-designate and rezone the property to Rural Residential I Country Residential and RU-2 I CR-2 by scheduling a public hearing.

RECOMMENDATIONS

1 THAT the report from the Chief Administrative Officer be received.

2. THAT the Committee recommend the Board authorize a public hearing to consider Bylaws No. 297 and 298, and

THAT the public hearing be held at on , 2018 at located at

BACKGROUND

In January 2018, an application was made to re-designate and rezone a 3.66-hectare parcel of land situated at 1043 Topcliff Road, on Quadra Island, to facilitate a subdivision of the parcel into two lots and to create two separate titles — one for the existing house and cottage and another for a vacant lot where a house could be built, as seen on the subdivision proposal attached: Proposed Lot 1 has an existing house and cottage and Proposed Lot 2 would be developed with a single-family dwelling only.

The applicant's sister and brother-in-law share title to the property and wish to build and live on the property. In order to facilitate their proposal, they have applied to:

• re-designate the subject parcel from Rural to Rural Residential for proposed Lot 1 and from Rural to Country Residential for proposed 2, and

rezone the subject parcel from Rural One (RU-i) to Rural Two (RU-2) for Proposed Lot i and from Rural One (RU-i) to Country Residential Two (CR-2) for Proposed Lot 2. The subject parcel has road access on Topcliff and Barton Roads and is surrounded by properties designated Rural

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 3

and zoned RU-1. In 2016, an application similar to the current one received, was approved for land located approximately 1km to the north, at the corner of Topcliff, Milford and Milton Roads, when a 4.53-hectare parcel was split-designated Country Residential and Rural Residential and split-zoned Country Residential Two and Rural Two. The proposed draft OCP and Zoning amendment bylaws were given First and Secord Readings by the Board at its February 22 meeting.

AGENCY REFERRALS

The application was referred to several agencies for their consideration. Comments received to date are summarized in the following table:

Agency Comments

BC Assessment Authority: No response.

Ministry of Agriculture: No concerns.

Fire Department - Quadra Island: No response.

FLNRORD – Environment: No concerns.

FLNRORD – Archaeology: If an archaeological site is encountered during development, activity must be halted and the Archaeology Branch contacted for direction.

Ministry of Municipal Affairs and Housing:

No response.

MoTI: No concerns.

School District 72: No response.

VIHA: No response.

First Nation Comments

Cowichan Tribes: No response.

Homalco First Nation: No response.

Halalt First Nation: No response.

Klahoose First Nation: No response.

K’ómoks First Nation: No response.

Laich-Kwil-Tach Treaty Society: No response.

Lake Cowichan First Nation: No response.

Lyackson First Nation: No response.

Nanwakolas Council: No response.

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 4

Penelakut Tribe: No response.

Stz’uminus First Nation: No response.

We Wai Kai Nation: No response.

Wei Wai Kum Nation: No response.

PLANNING ANALYSIS

The property at 1043 Topcliff Road is currently designated Rural and zoned Rural One (RU-1). As the minimum parcel size for subdivision is 4.0 hectares in the RU-1 zone, to allow the creation of two lots 2.0 hectares and 1.66 hectares respectively in size, re-designating the parcel to Rural Residential / Country Residential and rezoning to Rural Two (RU-2) / Country Residential Two (CR-2), which permits smaller parcels, is required.

The proposed OCP amendment and rezoning of the property will not have any impact on residential use of the area or affect adjacent properties. The proposal is compatible with the existing residential use of the surrounding parcels and is consistent with the character of the area, which is already made up of smaller parcels. The proposed draft OCP and Zoning amendment bylaws were given First and Secord Readings by the Board at its February 22 meeting and given the above considerations, it is recommended that support be given to the proposal to re-designate and rezone the property to Rural Residential / Country Residential and RU-2 / CR-2 by scheduling a public hearing.

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

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 to proceed forward, public consultation will occur in the form of a public hearing, conducted in compliance with the requirements of ss.464 - 465 ‘Public Hearings’, of the LGA, as required prior to final adoption of any proposed bylaw amendments.

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 bylaws.

Submitted by:

Ralda Hansen Community Services Manager

Prepared by: J. Neill, Planner

Attachment: Bylaw Nos. 297 and 298

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 5

Location Map

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 6

Site Plan

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 7

View of site from South

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 8

Existing Rural One (RU-1) Zoning

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 9

Proposed Rural Two (RU-2) Zoning

Staff Report – CP 1C 18 / RZ 1C 18 (Mallis) Page 10

Proposed Country Residential Two (CR-2) Zoning

BYLAW NO. 297

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 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. 297, being ‘Quadra Island Official Community Plan Bylaw, 2007, Amendment No. 10’.

READ A FIRST TIME ON THE 22ND DAY OF FEBRUARY, 2018

READ A SECOND TIME ON THE 22ND DAY OF FEBRUARY, 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. 297 PAGE 2

SCHEDULE ‘A’

SECTION ONE MAP AMENDMENT

The land use designation for land described as Lot K, District Lot 202, Quadra Island, Sayward

District, Plan 31106 on ‘Schedule A-1’ of Bylaw No. 3050, being the ‘Quadra Island Official

Community Plan Bylaw, 2007’, is hereby amended from ‘Rural’ (RU) to ‘Rural Residential’ (RR)

and ‘Country Residential’ (CR), as shown on the attached Appendix ‘1’.

BYLAW NO. 297 PAGE 3

Appendix ‘1’

Part of Schedule ‘A’ of Bylaw No.297 being ‘Quadra Island Official Community Plan Bylaw, 2007, Amendment No. 10’

Amends ‘Schedule A-1’ of Bylaw No. 3050, being ‘Quadra Island Official Community Plan Bylaw, 2007.’

BYLAW NO. 298

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 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. 298, being ‘Quadra Island Zoning Bylaw, 1990, Amendment No. 120’.

READ A FIRST TIME ON THE 22ND DAY OF FEBRUARY, 2018

READ A SECOND TIME ON THE 22ND DAY OF FEBRUARY, 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. 298 PAGE 2

SCHEDULE ‘A’

SECTION ONE MAP AMENDMENT

Land legally described as Lot K, District Lot 202, Quadra Island, Sayward District, Plan 31106 as shown

on ‘Schedule A-1’ of Bylaw No. 1213, being the ‘Quadra Island Zoning Bylaw, 1990’, is hereby amended

from ‘Rural One’ (RU-1) to Rural Two (RU-2) and Country Residential Two (CR-2), as shown on the

attached Appendix ‘1’.

BYLAW NO. 298 PAGE 3

Appendix ‘1’

Part of Schedule ‘A’ of Bylaw No. 298 being ‘Quadra Island Zoning Bylaw, 1990, Amendment No. 120.’

BYLAW NO. 298 PAGE 4

Amends ‘Map 2’ of Bylaw No. 1213, being ‘Quadra Island Zoning Bylaw, 1990.’