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Juan De Fuca Land Use Committee

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Juan De Fuca Land Use Committee JUAN DE FUCA LAND USE COMMITTEE Notice of Meeting on Tuesday, April 17, 2018 at 7 p.m. Juan de Fuca Local Area Services Building, #3 – 7450 Butler Road, Otter Point, BC AGENDA 1. Approval of Agenda 2. Approval of the Supplementary Agenda 3. Adoption of Minutes of February 20, 2018 4. Chair’s Report 5. Planner’s Report 6. Floodplain Exemption a. DV000057 – Lot 13, Section 4, District 47, Renfrew Plan VIP79213 (Trailhead Drive) 7. Rezoning Application a. RZ000255 – Strata Lots 13, 26 and 27, Section 16, Otter District, Plan VIS7096 (Sooke Business Park - 7450 Butler Road) 8. Proposed Bylaw a. Bylaw No. 4000, “East Sooke Official Community Plan, Bylaw No. 5, 2018” b. Bylaw No. 4001, “Shirley-Jordan River Official Community Plan, Bylaw No. 5, 2018” 9. Adjournment PPSS-35010459-1550 Minutes of a Meeting of the Juan de Fuca Land Use Committee Held Tuesday, February 20, 2018, at the Juan de Fuca Local Area Services Building 3 – 7450 Butler Road, Otter Point, BC PRESENT: Mike Hicks (Chair), Stan Jensen, Roy McIntyre, Ron Ramsay, Sandy Sinclair, Art Wynans, Dale Risvold Staff: Iain Lawrence, Manager, Local Area Planning; Emma Taylor, Recorder PUBLIC: 1 The meeting was called to order at 7:00 p.m. 1. Approval of the Agenda MOVED by Art Wynans, SECONDED by Dale Risvold that the agenda be approved. CARRIED 2. Approval of the Supplementary Agenda MOVED by Sandy Sinclair, SECONDED by Roy McIntyre that the supplementary agenda be approved. CARRIED 3. Adoption of Minutes from the Meeting of January 16, 2018 MOVED by Roy McIntyre, SECONDED by Sandy Sinclair that the minutes from the meeting of January 16, 2018, be adopted. CARRIED 4. Chair’s Report The Chair reported that the Regional Growth Strategy (RGS) is expected to be considered by the CRD Board in April 2018. The Chair reported that the Province of BC announced highway upgrades in the Juan de Fuca Electoral Area including replacement of the bridge at Roche Cove and a rest stop at Sombrio Beach, as well as future improvements to Otter Point Road and Parkinson Road. The Chair updated the Committee on the CRD Board’s decision to construct an anaerobic digester at Hartland Landfill as part of the sewage system project, and advised that integrated resource management and a gasification plant are no longer being considered as options. 5. Planner’s Report Iain Lawrence stated that a public information meeting is scheduled to be held on February 22, 2018, at the Port Renfrew Community Hall for rezoning application RZ000251. Another public information meeting is scheduled to be held on February 26, 2018, at the Shawnigan Lake Community Hall for rezoning application RZ000245. Iain Lawrence noted that there will not be a March LUC meeting and that it is anticipated that both the East Sooke and the Shirley – Jordan River Official Community Plans will be brought forward at the April LUC meeting. Juan de Fuca Land Use Committee Meeting Minutes February 20, 2018 2 6. Development Variance Application a) VA000144 – Lot A, Block 453, Malahat District, Plan EPP72720 (1499 Trail Way) Iain Lawrence spoke to the staff report outlining the requested variance to reduce the front yard setback for the purpose of siting a greenhouse. Staff displayed a survey and photos of the property and confirmed that the siting of the greenhouse is outside of any development permit areas and covenant areas on the property. Staff directed attention to the items in the supplementary agenda and outlined the six letters of support and one letter stating objection. Concerns identified in the letter of opposition relate to bylaws being changed to address violations and the proposed use of the greenhouse. A representative for the applicant was in attendance and presented a letter from the owners. The representative stated that the greenhouse is intended for the growing and propagation of horticultural plants for the owners’ landscaping business and for farm-gate sales. One exterior light and one small fan are installed on the greenhouse and no nuisance to adjacent properties is expected. The siting of the structure was selected due to topographical considerations, covenant areas and the adjacent regional trail. The Chair questioned the 30 metre setback requirement. Staff confirmed that greater setbacks apply as the greenhouse is classified as an agricultural building. Comments from LUC members included: - lights in greenhouse could create nuisance to neighbours - expansion into larger commercial operation is a concern - home-based businesses are supported - sympathetic to concerns raised in letter of opposition - future buildings will require permits. MOVED by Stan Jensen, SECONDED by Dale Risvold that the Land Use Committee recommend to the CRD Board: a) That Development Variance Permit VA000144 to reduce the front yard setback for agricultural buildings from 30 m to 10.4 m, as specified by Malahat Land Use Bylaw, 1981, Bylaw No. 980, Section 3.4.04(4), for the purpose of allowing the siting of a greenhouse on Lot A, Block 453, Malahat District, Plan EPP72720, be approved. CARRIED 7. Adjournment The meeting adjourned at 7:21 p.m. ____________________________________ Chair DV000057 REPORT TO THE JUAN DE FUCA LAND USE COMMITTEE MEETING OF TUESDAY, APRIL 17, 2018 SUBJECT Floodplain Exemption for Lot 13, Section 4, Renfrew District, Plan VIP79213 – Trailhead Drive ISSUE A request has been made for an exemption from the 1.5 m flood construction level specified in Part 5 of the Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040, in order to construct a single- family dwelling below the 1.5 m flood construction level of First Creek. BACKGROUND The vacant 1.02 ha property is located on Trailhead Drive in Jordan River and is zoned Wildwood Terrace One (WT-1) in Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040. The property is bounded by WT-1 zoned properties to the north and south, Trailhead Drive to the west and a Wildwood Terrace Four (WT-4) zoned property to the east (Appendix 1). First Creek flows in a southerly direction through the property. The owner is proposing to construct a single-family dwelling on the property approximately 20 m from First Creek. The property was created prior to the designation of development permit (DP) areas and prior to the Riparian Areas Regulation. The proposed dwelling is now within a watercourses, wetlands and riparian development permit area in the Shirley/Jordan River Official Community Plan Bylaw No. 3717. A Qualified Environmental Professional’s (QEP) report will be submitted separately in support of a development permit application pursuant to section 4.4.6.4 of Bylaw No. 3717. At the time of subdivision, three covenants were registered on title in favour of the CRD and the Province. Covenant EX87075 restricts building and removal of vegetation within 7.5 metres of First Creek. Covenant EX87076 requires a geotechnical engineer to confirm the land may be used safely for the use intended prior to building. Covenant EX87077 establishes a 15 metre floodplain setback and a 1.5 metre flood construction level. The floodplain regulations, as outlined in Part 5 of Bylaw No. 2040, also specify a 15 metre floodplain setback and a 1.5 metre flood construction level. The owner is requesting an exemption from Part 5, Section 2(1)(b) to reduce the flood construction level to allow the ground floor system elevation to be located 0.2 m above the final ground surface elevation in the proposed location.. A geotechnical engineer’s report has been submitted in support of the request (Appendix 3). ALTERNATIVES That the Land Use Committee recommends to the Capital Regional District Board: 1. That subject to the Ministry of Transportation and Infrastructure agreeing to discharge covenant EX87077 from title, that floodplain exemption DV000057 for Lot 13, Section 4, Renfrew District, Plan VIP79213 for the purpose of constructing a single-family dwelling, be approved subject to the following conditions: a) That the underside of the ground floor system elevation be a minimum of 0.2 m above the final ground surface elevation in accordance with the recommendations outlined in the professional geotechnical engineer’s report prepared by Ryzuk Geotechnical, dated March 9, 2018; b) That the professional engineer’s report prepared by Ryzuk Geotechnical, dated March 9, 2018, be secured via a new restrictive covenant registered on title; PPSS-35010459-1031 Report to the LUC – April 17, 2018 DV000057 2 c) That the building location and elevation be verified by a BC Land Surveyor prior to completion of the building permit. 2. That floodplain exemption DV000057 be denied. 3. Refer the application back to staff for additional information. LEGISLATIVE IMPLICATIONS Section 524 of the Local Government Act (LGA) authorizes local governments to designate areas as floodplains and to specify flood levels, setbacks and other related provisions. Part 5 of Bylaw No. 2040 outlines requirements for floodplain management. Local government may exempt a person from the floodplain bylaw pursuant to Section 524(7) of the LGA, if the local government considers it advisable and has received a report from a professional engineer that the land may be used safely for the use intended. The local government may impose terms and conditions in relation to the exemption and require a covenant under section 219 of the Land Title Act. Section 490 of the LGA authorizes local governments to issue DPs. The watercourses, wetlands and riparian DPAs are designated for protection of the environment under section 488(1)(a) of the LGA. CRD Bylaw No. 3462 delegates the approval authority for development permits to the General Manager, Planning and Protective Services. PUBLIC CONSULTATION IMPLICATIONS There is no statutory or bylaw requirement to notify members of the public about a request for a floodplain exemption.
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