Interdepartmental Referral · Referral Interdepartmental Referral Form File: 3360-20 / RZ 1B 18 (Date sent: March 16, 2018. Response required by: April 4, 2018) Please comment on

Interdepartmental

Referral Interdepartmental Referral Form

File: 3360-20 / RZ 1B 18

(Date sent: March 16, 2018. Response required by: April 4, 2018)

Please comment on the attached application for potential effect on your department’s interests. Should you have any comments related to this proposal that you feel will impact your department, please contact Jodi MacLean, Rural Planner, to discuss further. Application type:

☒ Zoning amendment ☐ Development Permit

☐ Development Variance Permit ☐ ALR Application ☐ Subdivision Referral

☐ Floodplain Relief ☐ Board of Variance ☐ Home Occupation

Applicant’s Name: Karl Thomas

Legal Description: Lot C, Block 29, Comox District, Plan 32630

Civic Address: 1926 Vera Drive PID: 000-168-882

RGS Designation: Rural Settlement Area

Services

Water: Private System

Sewer: Private System

Fire: Merville Fire Protection LSA

OCP Designation: Rural Settlement Area

Zone: Country Residential One (CR-1)

Referral sent to: ☒

☐ James Warren General Manager of Corporate Services Branch

☐ Kris La Rose Senior Manager of Water / Wastewater Services

☐ Beth Dunlop Corporate Financial Officer

☐ Mike Imrie Manager of Wastewater Services

☐ Michael Zbarsky Manager of Transit and Sustainability

Vince Van Tongeren Policy and Sustainability Analyst

☐ Mike Herschmiller Manager of Water Services

Zoe Berkey / Zoe Norcross-Nu’u Engineering Analyst

☒ Amanda Yasinski Manager of Bylaw Compliance

☒ Doug DeMarzo Manager of Parks

Mark Harrison Parks and Active Transportation Planner

☐ Dennis Mirabelli Manager of Building Services

☒ James Bast Manager of Fire Services

☐ Howie Siemens CV Emergency Program Coordinator

☐ Vacant Manager of Liquid Waste Planning

Darry Monteith

Interdepartmental Referral – File: RZ 1B 18 Page 2

Engineering Analyst

☐ Other: ☒ Robyn Holme Long Range Planner

Application Description An application has been received to consider a zoning amendment on a 2.0 hectare parcel of land in the Kitty Coleman-Bates Beach area (Figures 1 and 2). The subject property is currently zoned Country Residential One (CR-1) and is surrounded by similar-sized lot of the same zone. The subject property is developed with a single detached house and two accessory buildings. According to the application, the property owner’s intention is to subdivide the eastern 1.0 hectare off the parcel to provide residence for his daughter. Local Government Act Section 514 of the Local Government Act concerns subdivision to provide residence for a relative. This section allows an application for subdivision to be made which creates one new lot if the applicant has owned the parcel for at least 5 years and the purpose of the subdivision is to provide a separate residence for the owner or the owner’s child. This section allows a local government to specify a minimum property size for subdivisions under this section but can be no lower than 1 hectare. Zoning The subject property has been developed consistent with the Country Residential One (CR-1) zone. Pursuant to section 503(3) of the zoning bylaw, the minimum lot area for an application made under section 514 of the LGA is “two times the minimum lot area required within the applicant zone”. The purpose of this zoning amendment application is to lower that minimum lot area requirement to 1.0 hectare. Regional Growth Strategy and Official Community Plan The subject property is designated as Rural Settlement Area in both the Regional Growth Strategy and Official Community Plan (OCP). This designation directs that minimum lot sizes should be between 4 and 20 hectares. Policy 44(6) of the OCP speaks to applications made under section 514 of the LGA and states that such a subdivision should only permitted if the parent lot is at least two times the minimum lot size required by the property’s zone. Sincerely, J. MacLean Jodi MacLean Rural Planner Planning and Development Services Branch


Interdepartmental Referral Response Summary Form

FILE: 3360-20/RZ 1B 18 (Thomas)

(Planner: J. MacLean)

☐ General departmental comments – see below

☐ Interests unaffected

☐ Issues requiring attention – see comments below

☐ Opposed due to reasons outlined below

Reminder:

With respect to your comments, please cite references to the appropriate provincial legislation, wherever possible. (i.e. “The CVRD encourages the provincial approving officer to consider …. , in accordance with section XXX of the Local Government Act/Drinking Water Protection Act/Community Charter/Land Title Act (covenants/easements) … etc.)

Comments:

Signed by: Title:

Department: Date:

Please return your response by April 4, 2018

Referral response may be electronically forwarded to [email protected].

mailto:[email protected]


Figure 1: Subject property

Figure 2: Airphoto (2016) with subject property highlighted in red

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 18

May 16, 2018

Via Email: [email protected]

We Wai Kai Nation / Laich-Kwil-Tach Treaty Society Quinsam Office 690 Headstart Cres Campbell River BC V9H 1P9 Attention: Merci Brown Dear Ms. Brown: Re: Rezoning Application Referral - 1926 Vera Drive (Thomas) Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882

The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the above-noted property currently zoned Country Residential One (CR-1) to the same zone with an exception to permit subdivision for a relative using Section 514 of the Local Government Act (RSBC, 2015, c. 1). In accordance with our referral agreement program, if We Wai Kai Nation / Laich-Kwil-Tach Treaty Society has an interest in the rezoning application please respond by June 18, 2018. A formal referral package is enclosed for your review and comments. The Comox Valley Regional District (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 Alana Mullaly at 250-334-6051 or by email to [email protected] to coordinate this meeting. Thank you. Sincerely, R. Dyson Russell Dyson Chief Administrative Officer Enclosure cc: Alana Mullaly, Acting General Manager of Planning and Development Services Branch





Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

May 16, 2018

Via Courier Wei Wai Kum First Nation / Kwiakah First Nation Kwiakah Treaty Society 1650 Old Spit Rd Campbell River BC V9W 3E8 Attention: Angie Lafontaine, Band Manager Dear Ms. Lafontaine: Re: Rezoning Application Referral - 1926 Vera Drive (Thomas) Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882

The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the above-noted property currently zoned Country Residential One (CR-1) to the same zone with an exception to permit subdivision for a relative using Section 514 of the Local Government Act (RSBC, 2015, c. 1). In accordance with our referral agreement program, if Wei Wai Kum First Nation / Kwiakah First Nation Kwiakah Treaty Society has an interest in the rezoning application please respond by June 18, 2018. A formal referral package is enclosed for your review and comments. The Comox Valley Regional District (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 Alana Mullaly at 250-334-6051 or by email to [email protected] to coordinate this meeting. Thank you. Sincerely, R. Dyson Russell Dyson Chief Administrative Officer Enclosure cc: Alana Mullaly, Acting General Manager of Planning and Development Services Branch




Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

May 16, 2018

Via Courier Homalco Indian Band 1218 Bute Crescent Campbell River BC V9H 1G5 Attention: Mary-Ann Enevoldsen, Homalco Treaty Coordinator Dear Ms. Enevoldsen: Re: Rezoning Application Referral - 1926 Vera Drive (Thomas) Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882

The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the above-noted property currently zoned Country Residential One (CR-1) to the same zone with an exception to permit subdivision for a relative using Section 514 of the Local Government Act (RSBC, 2015, c. 1). In accordance with our referral agreement program, if Homalco Indian Band has an interest in the rezoning application please respond by June 18, 2018. A formal referral package is enclosed for your review and comments. The Comox Valley Regional District (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 Alana Mullaly at 250-334-6051 or by email to [email protected] to coordinate this meeting. Thank you. Sincerely, R. Dyson Russell Dyson Chief Administrative Officer Enclosure cc: Alana Mullaly, Acting General Manager of Planning and Development Services Branch


Referral to the First Nations

First Nations Referral Form File: 3360-20/RZ 1B 18 (Thomas) (Response required: June 18, 2018)

Please comment on the attached application regarding potential effects on your interests. The Comox Valley Regional District (CVRD) wishes to ensure that all future consultations with First Nations are 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 as well answer any questions that may arise. If you would like to arrange a meeting, please contact Alana Mullaly at 250-334-6051 or by email to [email protected]. You will note that the response form has a number of choices that describe your interests. All details that support your position are appreciated as are any official legislative, governance and policy considerations that may affect the CVRD’s consideration of this application. 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. Application type:

☒ Zoning amendment ☐ OCP amendment ☐ Temporary use permit

☐ Development variance permit ☐ Development permit ☐ Crown land application

Applicant: Karl Thomas

Legal description: Lot C, Block 29, Comox District, Plan 32630

Civic address: 1926 Vera Drive PID: 000-168-882

RGS designation: Rural Settlement Area

OCP designation: Rural Settlement Area


Application Description The subject property is located along Vera Drive in the Kitty Coleman - Bates Beach area (Figures 1 to 3). Vera Drive is a dead-end road lined with rural residential properties with areas between 0.5 and 2.0 hectares. Currently, the 2.0 hectare subject property is developed with one single detached dwelling and two accessory buildings. The applicant wishes to rezone the property to enable the use of Section 514 of the Local Government Act (RSBC, 2015, c. 1) (LGA), which permits subdivision to provide residence for a relative. According to the application, the applicant wishes to create a 1 hectare parcel for his daughter to construct a new house (Figure 4).


First Nations referral – RZ 1B 18 Page 2

Regional Growth Strategy The CVRD Regional Growth Strategy (RGS) designates the subject property within Rural Settlement Areas. The intent of this designation is to maintain the rural character of its surroundings and support the function of a working landscape. The designation seeks to establish minimum lot sizes between 4 and 20 hectares. The RGS does not contemplate Section 514 of the LGA, which enables subdivisions for relatives, and this provision promotes housing affordability and aging in place. Official Community Plan The Rural Comox Valley Official Community Plan (OCP), Bylaw No. 337 being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014,” designates the subject property within Rural Settlement Areas. The intent of this designation is to promote land uses that support rural lifestyles and maintains the rural character of the surrounding areas. Section 43(1) of the OCP states that minimum lot area for subdivision should be between 4 and 20 hectares. The proposed 1.0 hectare parcel does not meet this policy. To compensate, the zoning amendment can specify that development is limited to one single detached dwelling. Zoning Bylaw Pursuant to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005,” the subject property is zoned Country Residential One (CR-1) (Appendix A) which has a required minimum lot area of 2.0 hectares. Section 503(3)(i) of the Zoning Bylaw states,

“No subdivision shall be permitted pursuant to Section 946 [presently, Section 514] of the Local Government Act, on lands not within the Agricultural Land Reserve, unless the parent lot is at least two times the minimum lot area required within the applicable zone.”

The purpose of this zoning amendment application is to lower that minimum lot area requirement to 1.0 hectare. Please provide any comments indicating how the proposal may affect your interests. Thank you for your review. Sincerely, A. Mullaly Alana Mullaly, MCIP, RPP Acting General Manager of Planning and Development Services cc: Russell Dyson, Chief Administrative Officer Attachment: Appendix A – “CR-1 zone”


First Nations Referral Response Summary Form

File: 3360-20/RZ 1B 18 (Thomas) Planning and Development Services: Alana Mullaly (Jodi MacLean)

☐ General comments – see below ☐ Interests unaffected



Comments:

Signed by: Date:

Title:

Please return your response by June 18, 2018




Figure 1: Subject Property Map


Figure 2: Air Photo (2016)


Figure 3: Zoning Map


Figure 4: Proposed Subdivision Plan if Rezoning were to be Successful



Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

May 16, 2018

Sent via email: [email protected] [email protected]

K’ómoks First Nation 3330 Comox Road Courtenay BC V9N 3P8 Attention: Tina McLean – Band Administrator Dear Ms. McLean: Re: Rezoning Application Referral - 1926 Vera Drive (Thomas) Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882

The attached referral for a rezoning application is for your review and comment. The intent of the application is to rezone the above-noted property currently zoned Country Residential One (CR-1) to the same zone with an exception to permit subdivision for a relative using Section 514 of the Local Government Act (RSBC, 2015, c. 1). In accordance with our referral agreement program, if K’ómoks First Nation has an interest in the rezoning application please respond by June 18, 2018. A formal referral package is enclosed for your review and comments. The Comox Valley Regional District (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 Alana Mullaly at 250-334-6051 or by email to [email protected] to coordinate this meeting. Thank you. Sincerely, R. Dyson Russell Dyson Chief Administrative Officer Enclosure cc: Alana Mullaly, Acting General Manager of Planning and Development Services Branch




Referral to the K’ómoks First Nations

K'ómoks First Nation Referral Form File: 3360-20/RZ 1B 18 (Thomas) (Response required: June 18, 2018)

Please comment on the attached application regarding potential effects on your interests. The Comox Valley Regional District (CVRD) wishes to ensure that all future consultations with K’ómoks First Nation are 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 as well answer any questions that may arise. If you would like to arrange a meeting, please contact Alana Mullaly at 250-334-6051 or by email to [email protected]. You will note that the response form has a number of choices that describe your interests. All details that support your position are appreciated as are any official legislative, governance and policy considerations that may affect the CVRD’s consideration of this application. 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. Application type:

☒ Zoning amendment ☐ OCP amendment ☐ Temporary use permit

☐ Development variance permit ☐ Development permit ☐ Crown land application



Civic address: 1926 Vera Drive PID: 000-168-882

RGS designation: Rural Settlement Area



Application description The subject property is located along Vera Drive in the Kitty Coleman - Bates Beach area (Figures 1 to 3). Vera Drive is a dead-end road lined with rural residential properties with areas between 0.5 and 2.0 hectares. Currently, the 2.0 hectare subject property is developed with one single detached dwelling and two accessory buildings. The applicant wishes to rezone the property to enable the use of Section 514 of the Local Government Act (RSBC, 2015, c. 1) (LGA), which permits subdivision to provide residence for a relative. According to the application, the applicant wishes to create a 1 hectare parcel for his daughter to construct a new house (Figure 4).


K’ómoks First Nation referral – RZ 1B 18 Page 2

Regional Growth Strategy The CVRD Regional Growth Strategy (RGS) designates the subject property within Rural Settlement Areas. The intent of this designation is to maintain the rural character of its surroundings and support the function of a working landscape. The designation seeks to establish minimum lot sizes between 4 and 20 hectares. The RGS does not contemplate Section 514 of the LGA, which enables subdivisions for relatives, and this provision promotes housing affordability and aging in place. Official Community Plan The Rural Comox Valley Official Community Plan (OCP), Bylaw No. 337 being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014,” designates the subject property within Rural Settlement Areas. The intent of this designation is to promote land uses that support rural lifestyles and maintains the rural character of the surrounding areas. Section 43(1) of the OCP states that minimum lot area for subdivision should be between 4 and 20 hectares. The proposed 1.0 hectare parcel does not meet this policy. To compensate, the zoning amendment can specify that development is limited to one single detached dwelling. Zoning Bylaw Pursuant to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005,” the subject property is zoned Country Residential One (CR-1) Appendix A which has a required minimum lot area of 2.0 hectares. Section 503(3)(i) of the zoning bylaw states,


The purpose of this zoning amendment application is to lower that minimum lot area requirement to 1.0 hectare. Please provide any comments indicating how the proposal may affect your interests. Thank you for your review. Sincerely, A. Mullaly Alana Mullaly, MCIP, RPP Acting General Manager of Planning and Development Services cc: Russell Dyson, Chief Administrative Officer Attachment: Appendix A – “CR-1 zone”


K’ómoks First Nation Referral Response Summary Form

File: 3360-20/RZ 1B 18 (Thomas) Planning and Development Services: Alana Mullaly (Jodi MacLean)

☐ General comments – see below ☐ Interests unaffected



Comments:

Signed by: Date:

Title:

Please return your response by June 18, 2018












Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


BYLAW REFERRAL FORM

File: 3360-20 / RZ 1B 18 (Thomas)

Date Sent: May 24, 2018

Please comment on the attached bylaw for potential effect on your agency’s interests. Section 460 of the Local Government Act (RSBC, 2015, c. 1) (LGA) outlines that a local government must define procedures by which a property owner may apply for a bylaw amendment, and that a local government must consider every application for an amendment to a plan or bylaw. In keeping with Section 460, the Comox Valley Regional District (CVRD) wishes to ensure that all future consultations with applicable adjacent regional districts and municipalities, First Nations, school and improvement district boards, provincial and federal government agencies is considered early and ongoing as required by the LGA. 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. We would appreciate your response within thirty (30) days of May 24, 2018. If no response is received within that time, it will be assumed that your agency’s interests are unaffected. If required, please contact the CVRD to assist you in determining the type of information that would be helpful or to better understand how the proposed bylaw may impact land use and development. Should you have any specific questions regarding the proposed bylaw amendment, please contact Jodi MacLean at 250-334-6041 or by email to [email protected].


Civic address: 1926 Vera Drive

Purpose of bylaw: To rezone the subject property from Country Residential One (CR-1) to a zone that will enable subdivision for a relative, using Section 514 of the LGA


OCP bylaw: Rural Comox Valley Official Community Plan Bylaw No. 337, 2014


Zoning bylaw: Bylaw No. 2781 being the “Comox Valley Zoning Bylaw, 2005”

Current zone: Country Residential One (CR-1) (Appendix A)

Proposed zone: Country Residential One (CR-1) with an exception to permit subdivision for a relative using Section 514 of the LGA


Bylaw Referral File: RZ 1B 18 Page 2

Other information: The subject property is located along Vera Drive in the Kitty Coleman - Bates Beach area (Figures 1 to 3). Vera Drive is a dead-end road lined with rural residential properties with areas between 0.5 and 2.0 hectares. Currently, the 2.0 hectare subject property is developed with one single detached dwelling and two accessory buildings. The applicant wishes to rezone the property to enable the use of Section 514 of the LGA, which permits subdivision to provide residence for a relative. According to the application, the applicant wishes to create a 1 hectare parcel for his daughter to construct a new house (Figure 4). Regional Growth Strategy The CVRD Regional Growth Strategy (RGS) designates the subject property within Rural Settlement Areas. The intent of this designation is to maintain the rural character of its surroundings and support the function of a working landscape. The designation seeks to establish minimum lot sizes between 4 and 20 hectares. The RGS does not contemplate Section 514 of the LGA, which enables subdivisions for relatives, and this provision promotes housing affordability and aging in place. Official Community Plan The Rural Comox Valley Official Community Plan (OCP), Bylaw No. 337 being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014,” designates the subject property within Rural Settlement Areas. The intent of this designation is to promote land uses that support rural lifestyles and maintains the rural character of the surrounding areas. Section 43(1) of the OCP states that minimum lot area for subdivision should be between 4 and 20 hectares. The proposed 1.0 hectare parcel does not meet this policy. To compensate, the zoning amendment can specify that development is limited to one single detached dwelling. Zoning Bylaw Pursuant to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005,” the subject property is zoned Country Residential One (CR-1) (Appendix A) which has a required minimum lot area of 2.0 hectares. Section 503(3)(i) of the Zoning Bylaw states,


The purpose of this zoning amendment application is to lower that minimum lot area requirement to 1.0 hectare. Please provide any comments indicating how the proposal may affect your interests. Thank you for your review. Sincerely, A. Mullaly Alana Mullaly, MCIP, RPP Planning and Development Services Branch Attachment: Appendix A – “CR-1 zone”










At its regularly scheduled meeting of April 24, 2018, the CVRD board endorsed forwarding the proposed bylaw(s) to the following agencies as listed below. As part of this motion, it was decided to circulate this referral to your office for comments in order to enable you to take the proposed development into consideration as part of the future expansion of your operations.

AGENCY AND FIRST NATIONS REFERRAL LIST

First Nations

K’ómoks First Nation Homalco Indian Band

We Wai Kai Nation of the Laich-Kwil-Tach Treaty Society

Wei Wai Kum First Nation / Kwiakah First Nations of the Kwiakah Treaty Society

Provincial Ministries and Agencies

Agricultural Land Commission Ministry of Community, Sport and Cultural Development

BC Assessment Ministry of Energy and Mines

BC Parks Ministry of Forests, Lands and Natural Resource Operations

Ministry of Environment Ministry of Transportation and Infrastructure

BC Transit Ministry of Jobs, Tourism & Skills Training

Ministry of Agriculture Ministry of Aboriginal Relations and Reconciliation

Local Government

Comox (Town of) Alberni-Clayoquot Regional District

Courtenay (City of) Strathcona Regional District

Cumberland (Village of) Regional District of Mount Waddington

Islands Trust Regional District of Nanaimo

Other

Lazo North Area ‘B’ advisory planning commission

Agricultural Advisory Planning Commission

School District #71 (Comox Valley) Vancouver Island Health Authority (Environmental Health)


Bylaw Referral Form Response Summary

Development Proposal Referral Form

File: 3360-20 / RZ 1B 18 (Thomas – 1926 Vera Drive)

(Planner: J. MacLean)

Approval recommended for reasons outlined below

Interests unaffected or general comments related to this development proposal outlined below

Approval recommended subject to conditions outlined below

Approval NOT recommended due to reasons outlined below

Signed by: Title:

Agency: Date:

Please return your response by June 18, 2018 by fax to 250-334-8156

or by email to [email protected] .


Bylaw No. 2781 “Comox Valley Zoning Bylaw, 2005”

PART 700 RESIDENTIAL ZONES

707 Country Residential One (CR-1)

1. PRINCIPAL USE

i) On any lot:

a) Residential use.

ii) On any lot over 4000 metres² (1.0 acre):

a) Agricultural use.

2. ACCESSORY USES

i) On any lot:

a) Home occupation use;

b) Accessory buildings; and

c) Bed and Breakfast

ii) 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.

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.

Required Setback

Type of Structure

Height Front yard Rear yard Side yard

Frontage <31m Frontage >31m

Principal 10.0m (32.8ft) 7.5m (24.6ft)

7.5m (24.6ft)

1.75m (5.8ft) 3.5m (11.5ft)

Accessory 4.5m-or less (14.8ft) 7.5m (24.6ft)

1.0m (3.3ft) 1.0m (3.3ft) 1.0m (3.3ft)

Accessory 6.0m-4.6m (19.7ft) 7.5m (24.6ft)

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.]

#112

Appendix A Page 1 of 2

Bylaw No. 2781 “Comox Valley Zoning Bylaw, 2005”

PART 700 RESIDENTIAL ZONES

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) 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).

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.

End CR-1

#200


1

3360-20 / RZ 1B 18

From: Monty Horton <[email protected]>Sent: Friday, June 15, 2018 3:19 PMTo: Sylvia StephensSubject: RE: Referral RZ 1B 18 - 1926 Vera Dr

Hi Sylvia, we have no comments or concerns regarding this rezoning. In the future, could you send all referrals to myself. Thanks.

Monty Horton Lands Manager K’omoks First Nation

From: Sylvia Stephens [mailto:[email protected]] Sent: May‐16‐18 10:05 AM To: Tina McLean <[email protected]>; Jenny Millar <[email protected]> Subject: Referral RZ 1B 18 ‐ 1926 Vera Dr

Please see attached.

If you have any problems opening the attachment please feel free to contact me by return email or at the numbers listed below.

Sincerely,

Sylvia

Sylvia Stephens Branch Assistant, Planning and Development Services Comox Valley Regional District 600 Comox Road Courtenay, BC V9N 3P6 Tel: 250-334-6043; toll free: 1-800-331-6007 Fax: 250-334-8156

J. MacLean



Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

June 21, 2018 Via Email: [email protected]

We Wai Kai Nation / Laich-Kwil-Tach Treaty Society Quinsam Office 690 Headstart Cres Campbell River, BC V9H 1P9 Attention: Merci Brown Dear Ms. Brown: Re: Rezoning Application Referral (1926 Vera Drive – Thomas) Lot C, Block 29, Comox District, Plan 32630

Please note that this is a follow up letter to determine your interest in the above-noted property. The intent of the application is to rezone the above-noted property currently zoned Country Residential One (CR-1) to the same zone with an exception to permit subdivision for a relative using Section 514 of the Local Government Act (RSBC, 2015, c. 1). As of the date of this letter, the Comox Valley Regional District (CVRD) has not yet received your comments. If you have any comments, please forward them by July 23, 2018. 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 Alana Mullaly at 250-334-6051 or by email to [email protected] to coordinate a meeting. Thank you. Sincerely, R. Dyson Russell Dyson Chief Administrative Officer cc: Alana Mullaly, Acting General Manager of Planning and Development Services Branch





Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

June 21, 2018 Via Courier

Wei Wai Kum First Nation / Kwiakah First Nation, Kwiakah Treaty Society 1650 Old Spit Rd Campbell River, BC V9W 3E8 Attention: Angie Lafontaine, Band Manager Dear Ms. Lafontaine: Re: Rezoning Application Referral (1926 Vera Drive – Thomas) Lot C, Block 29, Comox District, Plan 32630





Tel: 250-334-6000 Fax: 250-334-4358

Toll free: 1-800-331-6007


File: 3360-20/RZ 1B 18

June 21, 2018 Via Courier

Homalco Indian Band 1218 Bute Crescent Campbell River, BC V9H 1G5 Attention: Mary-Ann Enevoldsen, Homalco Treaty Coordinator Dear Ms. Enevoldsen: Re: Rezoning Application Referral (1926 Vera Drive – Thomas) Lot C, Block 29, Comox District, Plan 32630



Staff report

DATE: June 28, 2018

FILE: 3360-20/RZ 1B 18 TO: Chair and Directors Electoral Areas Services Committee FROM: Russell Dyson Chief Administrative Officer RE: Zoning Bylaw Amendment – 1926 Vera Drive (Thomas) Lazo North (Electoral Area B) Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882

Purpose To summarize comments received from First Nations and external agencies, and to recommend first and second readings to the proposed bylaw to use Section 514 of the Local Government Act (RSBC, 2015, c. 1) (LGA) to subdivide the subject property to provide residence for a relative. Finally, to recommend a public hearing date for this rezoning application. Recommendation from the Chief Administrative Officer: THAT the board give first and second readings to Bylaw No. 548, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 77” which rezones Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882 (1926 Vera Drive, Thomas) from Country Residential One (CR-1) to Country Residential One Exception 5 (CR-1-5); AND FINALLY THAT pursuant to Section 464(1) of the Local Government Act (RSBC, 2015, c.1), the board schedule a public hearing for Bylaw No. 548, being the “Comox Valley Zoning Bylaw, 2005, amendment No. 77” (RZ 1B 18). Executive Summary

The subject property is a 2 hectare lot located within the rural residential subdivision along Vera Drive in the Kitty Coleman - Bates Beach area.

The applicants wish to create a new lot for a relative using Section 514 of the LGA, which is subdivision to provide residence for a relative.

On April 24, 2018, the Comox Valley Regional District (CVRD) Board adopted a resolution to refer the application to First Nations and external agencies for comment.

Comments received are listed in Appendix A. As of the date of this report, the only comments received are from the K’ómoks First Nation and the Vancouver Island Health Authority. The Advisory Planning Commission Lazo North (Electoral Area B) supports this application.

The proposed bylaw (Appendix B) is an exception to the current CR-1 zone. It retains the same range of permitted uses in the CR-1 zone, except for these two provisions:

o Enable the use of Section 514 of the LGA to create one new lot of at least 1.0 hectare in area; and

o Limit one dwelling unit for any lot less than 2.0 hectares to ensure “no net increase” in density and to be consistent with the growth management objectives of the Regional Growth Strategy (RGS) and Official Community Plan (OCP).

Staff recommends that the proposed bylaw (Appendix B) be given first and second readings and that a public hearing date be set.

Supported by Russell Dyson Chief Administrative Officer

R. Dyson

Staff Report – RZ 1B 18 Page 2

Comox Valley Regional District

Prepared by: Concurrence: J. MacLean A. Mullaly

Jodi MacLean, MCIP, RPP Alana Mullaly, M.Pl., MCIP, RPP Rural Planner Acting General Manager of Planning and

Development Services Branch Stakeholder Distribution (Upon Agenda Publication)

Applicants

Background/Current Situation The subject property is located along Vera Drive in the Kitty Coleman - Bates Beach area (Figures 1 to 3). Vera Drive is a dead-end road lined with rural residential properties with areas between 0.5 and 2.0 hectares. Currently, the 2.0 hectare subject property is developed with one single detached dwelling and two accessory buildings. The applicant wishes to rezone the property to enable the use of Section 514 of the LGA, which permits subdivision to provide residence for a relative. According to the application, the applicant wishes to create a 1 hectare parcel for his daughter to construct a new house (Figure 4). On April 24, 2018, the board endorsed the agency referral list and First Nations referrals management program. On May 16, 2018, staff sent out referrals under the First Nations referrals management program and on May 24 to the provincial government agencies. On June 21, 2018, staff sent follow up letters to the First Nations groups that did not respond. Note that any individual or agency can provide comments until the termination of the public hearing. The K’ómoks First Nation responded stating they “have no comments or concerns regarding this rezoning.” The Vancouver Island Health Authority responded stating, “The applicant is to make application to Island Health for subdivision. The applicant is to comply with the Island Health Subdivision Standards.” Staff is proposing an exception to the current CR-1 zone, which will achieve the applicant’s stated objectives by facilitating the provisions of Section 514 while maintaining the intent of the Rural Settlement Area designation of the RGS and OCP. The CR-1 Exception Five (CR-1-5) zone retains the same range of permitted uses in the CR-1 zone, except for these two provisions:

Enable the use of Section 514 of the LGA to create one new lot of at least 1.0 hectare in area.

Limit the density to one dwelling unit for any lot less than 2.0 hectares to ensure “no net increase” in density and to be consistent with the growth management objectives of the RGS and OCP.

Policy Analysis Section 514 of the LGA enables an approving officer to approve subdivision of a parcel of land that would otherwise be prevented from subdivision by a provision of a bylaw or regulation that establishes a minimum parcel size. The subdivided parcel is to be used to provide a residence for a relative. Further, the section allows a local government to establish a minimum parcel size for subdivision for a residence for a relative. The section establishes obligations for property owners following creation of a parcel under the section pertaining to land use in the first five years following subdivision. Section 514(8) of the LGA states that a Section 219 restrictive covenant is required as a condition for subdivision approval. The covenant prohibits further subdivision using Section 514 of the LGA,



and for the five years after the subdivision approval, limits the use of the lot for relative to residential use and the use of the remainder lot to be unchanged. Sections 464 through 466 of the LGA establish the requirements and procedures for holding a public hearing prior to Zoning Bylaw adoption, including notification requirements. Bylaw No. 328, being the “Comox Valley Regional District Planning Procedures and Fees Bylaw, Bylaw No. 328, 2014,” implements the LGA’s requirements and states that public hearings are held following second reading and that notification within the Rural Settlement Area designation will be mailed to property owners and tenants within 100 metres of the property for which the bylaw amendment is proposed. Options At this time, the board has the following options:

1. Approve first and second readings of proposed Bylaw No. 548 (Appendix B) and set a date for the public hearing.

2. Refer proposed Bylaw No. 548 back to staff for revision. 3. Deny the application to rezone.

Based on the discussions contained within this report, staff recommends option 1. Financial Factors A $2,000 rezoning application fee has been collected for the application under Bylaw No. 328. If the board concurs with staff’s recommendation to schedule a public hearing, a $1,500 fee is required prior to the hearing. This fee covers the costs of the newspaper advertisement and direct mailing to property owners and tenants within 100 metres of the subject property, as well as the costs related to hosting the public hearing. The applicant is required to install a notice sign on the property, in accordance with Bylaw No. 328’s specifications; the costs of the sign and its installation are not included in the public hearing fee and are the responsibility of the applicant. Also, the costs of preparing and registering the covenant will be borne by the applicants. Legal Factors The recommendation contained within this report has been prepared in accordance with the LGA and applicable CVRD bylaws. Regional Growth Strategy Implications The CVRD RGS designates the subject property within Rural Settlement Areas. The intent of this designation is to maintain the rural character of its surroundings and support the function of a working landscape. The designation seeks to establish minimum lot sizes between 4 and 20 hectares. The RGS does not contemplate Section 514 of the LGA, which enables subdivisions for relatives, and this provision promotes housing affordability and aging in place. Intergovernmental Factors Appendix A lists the comments received from First Nations and external agencies on this rezoning application. None of the respondents have provided any objections with this application. Interdepartmental Involvement Planning staff is leading the review of this application. This application was referred to the following internal departments:

Bylaw compliance

Fire services

Community parks

Long range planning



No concerns with respect to the departmental responsibilities were identified with the application. Citizen/Public Relations Advisory Planning Commission – Lazo North (Electoral Area B) met on May 31, 2018, and the commission members supported the rezoning application. If the application proceeds to public hearing, there will be a development notice sign, newspaper advertisements and adjacent owners’ letters in accordance with Section 464 of the LGA and Bylaw No. 328. Any members of the public can provide comments until the termination of the public hearing. Attachments: Appendix A – “Comments from External Agency and First Nations” Appendix B – “Bylaw No. 548”









Figure 3: Air Photo




1

3360-20 / RZ 1B 18

From: Monty Horton <[email protected]>Sent: Friday, June 15, 2018 3:19 PMTo: Sylvia StephensSubject: RE: Referral RZ 1B 18 - 1926 Vera Dr

Hi Sylvia, we have no comments or concerns regarding this rezoning. In the future, could you send all referrals to myself. Thanks.

Monty Horton Lands Manager K’omoks First Nation

From: Sylvia Stephens [mailto:[email protected]] Sent: May‐16‐18 10:05 AM To: Tina McLean <[email protected]>; Jenny Millar <[email protected]> Subject: Referral RZ 1B 18 ‐ 1926 Vera Dr

Please see attached.

If you have any problems opening the attachment please feel free to contact me by return email or at the numbers listed below.

Sincerely,

Sylvia

Sylvia Stephens Branch Assistant, Planning and Development Services Comox Valley Regional District 600 Comox Road Courtenay, BC V9N 3P6 Tel: 250-334-6043; toll free: 1-800-331-6007 Fax: 250-334-8156

J. MacLeanAppendix A Page 1 of 2


BYLAW NO. 548COMOX VALLEY REGIONAL DISTRICT

STATUS

TITLE: Comox Valley Zoning Bylaw, 2005, Amendment No. 77

APPLICANT: Keith Thomas

ELECTORAL AREA: Lazo North (Electoral Area B)

FILE NO.: RZ 1B 18

PURPOSE: To enable a two-lot subdivision pursuant to Section 514 of the Local Government Act (RSBC, 2015, c. 1), subdivision to provide residence for a relative.

PARTICIPANTS: All Electoral Areas

Application received: Date: March 5, 2018

Electoral Areas Services Date: April 16, 2018 Committee: Recommendation: Commence external agency referral

and First Nations referral process.

Regional Board: Date: April 24, 2018 Decision: Approved external agency referral and

First Nations referrals.

Electoral Areas Services Date: Committee: Recommendation:

Regional Board Date: Decision:

Public hearing: Date:

Regional Board: Date: Decision:

Ministry of Transportation and Infrastructure Required: No

Regional Board: Date: Decision:

Appendix B Page 1 of 4


COMOX VALLEY REGIONAL DISTRICT BYLAW NO. 548

A bylaw to amend the “Comox Valley Zoning Bylaw, 2005”

being Bylaw No. 2781 The board of the Comox Valley Regional District, in open meeting assembled, enacts the following amendments to the “Comox Valley Zoning Bylaw, 2005,” being Bylaw No. 2781: Section One Text Amendment 1) Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005,” is hereby amended as set

out in Schedule A attached to and forming part of this bylaw. Section Two Title 1) This Bylaw No. 548 may be cited as the “Comox Valley Zoning Bylaw, 2005, Amendment

No. 77.” Read a first time this day of 2018. Read a second time this day of 2018. Public hearing held this day of 2018. Read a third time this day of 2018. Adopted this day of 2018.

Chair Corporate Legislative Officer I hereby certify the foregoing to be a true and correct copy of Bylaw No. 548, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 77”, as adopted by the board of the Comox Valley Regional District on the ____ day of ______________, 2018.

Corporate Legislative Officer


Schedule A Page 1 of 2


Schedule A

Section One Text Amendment

1. Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005”, is hereby amended

by:

a. amending Section 1 (Subdivision Requirements) of Country Residential One

Exception Five (CR-1-5) in Part 1200 “Exceptions to Zone Designations” by

replacing “1.2 hectare” with “1.0 hectare”; and

b. replacing the table in zoning exception in Part 1200 “Exceptions to Zone

Designations” as follows:

“Exception 5

Exception 5

Zone

CR-1

Map

A-11

Amendment

No. 67

Enacted

June 27, 2017

With the following: “Exception 5

Exception 5

Zone

CR-1

Map

A-11

Amendment

No. 67

Enacted

June 27, 2017

CR-1 A-11 No. 77

Section Two Map Amendment

1. Map A-11 forming part of Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005”, is hereby amended by rezoning property legally described as “Lot C, Block 29, Comox District, Plan 32630, PID 000-168-882” (1926 Vera Drive) from Country Residential One (CR-1) to Country Residential One Exception Five (CR-1-5) as shown on Appendix 1.


Schedule A Page 2 of 2


Appendix 1 Part of Schedule A to Bylaw No. 548 being the “Comox Valley Zoning Bylaw, Amendment No. 77”. Amends Schedule Map A-11 to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005”.


Documents

Interdepartmental Referral · Referral Interdepartmental Referral Form File: 3360-20 / RZ 1B 18 (Date sent: March 16, 2018. Response required by: April 4, 2018) Please comment on