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To View Agenda Items 23 to 37 See PLANNING AND DEVELOPMENT COMMITTEE Thursday, September 20, 2012 SCRD Board Room, 1975 Field Road, Sechelt, BC AGENDA CALL TO ORDER 9:30 a.m. AGENDA 1. Adoption of the Agenda INTRODUCTIONS 2. Introduction of new staff members DELEGATIONS 3. Kirk Carwithen and Mark Rodgers re: Bylaw 310.144 (AJB Investments) (ANNEX A) 4. Ruth Simons, Future of Howe Sound Society, regarding the proposed gravel mine at McNab Creek (ANNEX B) BYLAWS 5. Bylaw 310.144 (AJB Investments) ANNEX A Electoral Area B (Rural Planning Services) pp 1 - 6 COMMUNICATIONS 6. Ruth Simons, Future of Howe Sound Society, Fact Sheet on Howe Sound ANNEX B and McNab Creek pp 7 - 13 7. Keith Ashfield, Minister of Fisheries and Oceans regarding glass sponge ANNEX C reefs, dated July 18, 2012 pp 14 - 16 8. Ian Anderson, President, Kinder Morgan Canada regarding Proposed ANNEX D Trans Mountain Expansion Project - Update, dated July 11, 2012 pp 17 - 20 9. Sunshine Coast Tourism 2012 Mid Year Update dated July 23, 2012 ANNEX E pp 21 - 28 10. Bruce A. Clark, Artificial Reef Society regarding proposed sinking of former ANNEX F HMCS Annapolis, dated July 17, 2012 pp 29 - 30 11. Jeannine R. Ritchot, Health Canada regarding Marihuana Medical Access ANNEX G Program dated July 16, 2012 pp 31 - 32 12. Sue Harvey, Administrator, Town of Port McNeill regarding Burnco’s ANNEX H Aggregate Shipping Operation, dated July 18, 2012 pp 33 - 34 Planning and Development Committee Agenda Thursday, September 20, 2012 Page 2 of 3 REPORTS 13. Liquid Waste Management in more densely settled rural areas ANNEX I pp 35 - 38 14. Approved Old Growth Management Areas in the Howe Landscape Units ANNEX J (Regional Planning Services) pp 39 - 69 15. Invasive Plants Update ANNEX K (Regional Planning Services) pp 70 - 84 16. Agricultural Land Commission Changes ANNEX L (Regional Planning Services) pp 85 - 101 17. Re-Consideration of Risk Assessment and Liability Policy ANNEX M (Rural Planning Services) pp 102 - 104 18. Highway Frontage Waiver – Subdivision 2012-01002 (Singleton) ANNEX N Electoral Area F (Rural Planning Services) pp 105 - 106 19. Highway Frontage Waiver – MOTI #2011-05530 (Macaulay) ANNEX O Electoral Area D (Rural Planning Services) pp 107 - 108 20. Licence of Occupation Application File 2410732 by Pender Harbour ANNEX P Landing Ltd. for a Group Moorage Facility fronting DL 1543 in Pender pp 109 - 127 Harbour Electoral Area A (Rural Planning Services) 21. Narrows Inlet Hydro Project ANNEX Q Electoral Areas A & B (Rural Planning Services) pp 128 - 138 22. District of Sechelt referral regarding OCP amendment to the bonus ANNEX R Density Policies for Affordable Housing pp 139 - 160 (Rural Planning Services) 23. Referral from Town of Gibsons, 842 Chaster Road in Gospel Rock area ANNEX S (SD#2011-05) pp 161 - 164 (Rural Planning Services) 24. Islands Trust referral Gambier Associated Islands Bylaw ANNEX T (Rural Planning Services) pp 165 - 172 25. Bylaw Enforcement in Halfmoon Bay ANNEX U Electoral Area B (Bylaw Enforcement) pp 173 - 193 26. Building Department Revenues to end of August, 2012 ANNEX V (Building Inspection) pp 194 - 200 27. Planning and Development Monthly Report for July & August, 2012 ANNEX W (Regional/Rural Planning Services) pp 201 - 208 28. Natural Resources Advisory Committee Minutes of July 25, 2012 ANNEX X (Regional Planning Services) pp 209 - 212 Planning and Development Committee Agenda Thursday, September 20, 2012 Page 3 of 3 29. Egmont/Pender Harbour (Area A) APC Minutes of July 25, 2012 ANNEX Y Electoral Area A (Rural Planning Services) pp 213 - 215 30. Halfmoon Bay (Area B) APC Minutes of July 24, 2012 ANNEX Z Electoral Area B (Rural Planning Services) pp 216 - 218 31. Roberts Creek (Area D) APC Minutes of August 27, 2012 ANNEX AA Electoral Area D (Rural Planning Services) pp 219 - 220 32. Elphinstone (Area E) APC Minutes of July 25, 2012 ANNEX BB Electoral Area E (Rural Planning Services) pp 221 - 223 33. West Howe Sound (Area F) APC Minutes of August 21, 2012 ANNEX CC Electoral Area F (Rural Planning Services) pp 224 - 226 BYLAWS 34. Consideration of 3rd Reading OCP & Zoning Amendment Bylaw Nos. ANNEX DD 325.19, 310.134 (Jorgens) pp 227 - 233 Electoral Area B (Rural Planning Services) REPORTS 35. Climate Action Policy Research ANNEX EE pp 234 - 237 36. Referral from Sunshine Coast Regional Hospital District - Consultation ANNEX FF Discussion Guide for “A Public Health Plan for BC” pp 238 - 252 BYLAWS 37. Roberts Creek OCP Bylaw 641 Amended 2nd Reading ANNEX GG Electoral Area D (Rural Planning Services) pp 253 - 408 IN CAMERA The public be excluded from attendance at the meeting in accordance with the Community Charter, Section 90 (1) (k) “negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public;” are to be discussed. ADJOURNMENT ANNEX A SCRD STAFF REPORT DATE: September 6, 2012 TO: Planning and Development Committee (September 20, 2012) FROM: Andrew Allen, Planner RE: Bylaw Amendment 310.144 (AJB Properties, Area D) Recommendation THAT Bylaw Amendment 310.144 be not proceeded with for the following reasons: A. The proposal fundamentally conflicts with several of the key principles of the We Envision plan, especially those relating to focusing growth in existing neighbourhoods and concentrating development in easily serviceable areas. B. The proposal is inconsistent with the Resource and Watershed Protection Designation within the new Roberts Creek Official Community Plan; Background AJB Investments Ltd. has recently submitted an application to rezone their land holdings in vicinity of the Chapman Creek watershed area and described below: LEGAL DESCRIPTION: District Lots 2461, 2462, 2463, 3373 & 3374 ELECTORAL AREA: D – Roberts Creek LOCATION: In proximity to Chapman Creek EXISTING ZONING: RU4A & RU5 - Z PROPOSED ZONING: RU2 – I PARCEL AREA: +/- 911 hectares The property owners propose to change the zoning of their properties from RU4A & RU5-Z to RU2-I to facilitate potential rural residential subdivision of parcels 4-8 acres hectares with three dwellings per parcel. The request does not provide any detail of future lot configuration and a straight zoning change could result in upward of 200 parcels, many of which being located with the Chapman Creek watershed area. The properties are accessible from the forest service road network above Field Road but do not have formal road access. The properties on the road to Dakota Ridge start approximately 4-5 kilometers above the top of Field Road and the properties on the road adjacent to Chapman N:\Land Administration\3360 Zoning & Rezoning Bylaw 310\3360-20 310.144\Bylaw 310.144 2012-Sep-20 PDC Report AJB Properties.doc 1 Staff Report to Planning and Development Committee July 19, 2012 Re: Bylaw Amendment 310.144 Page 2 of 3 Creek start approximately 3.5 kilometers from the top of Field Road. There is active forest harvesting in this area. A location and zoning map is attached to the report for reference. The properties are split between the RU4A & RU5 land use zoning and are all located within the Z subdivision district. District Lot 3373 and half of District Lot 3374 are within the RU4A zone and the other half of District Lot 3374 and District Lots 2461, 2462 and 2463 are located within the RU5 zone. The zoning was changed from RU2-I to the above noted zones in 2005 as a result of an SCRD sponsored zoning bylaw amendment designed to preserve the watershed and resource areas and limit residential development. This was after the Provincial Government eliminated the mandatory forest land reserve and introduced the voluntary Private Managed Forest Land Act (PMFLA). The PMFLA being voluntary allows for property owners to remove their properties from managed forest and utilize the underlying zoning for land use development. At that time the property owner, AJB Investments Ltd. spoke in opposition to the bylaw amendments at the public hearing indicating that the proposed zones were in contravention of the PMFLA. The PMFLA states that private forest lands are exempt from local government bylaws that would have the effect of limiting forestry use on the properties. The SCRD’s position in 2005 was that the bylaws limited non-forestry use, such as residential, but did not in fact limit forestry and therefore were bylaws that were not inconsistent with the PMFLA. The RU4A (Rural Forest A) zone permits forest management and auxiliary uses and the RU5 zone (Rural Watershed Protection) zone which would only permit the following uses: forest based outdoor recreation, outdoor natural science education or research, fish and wildlife habitat management and enhancement facilities, interpretative facilities, park, and restricted watershed areas. There was some debate about whether or not the RU5 zone is too restrictive and not permissive enough for forestry uses; however it was determined that these properties are located in the watershed and are essential to be preserved and the former RU2 zone allowing up to four dwellings per parcel and a range of other uses including keeping of livestock and construction camps were not the appropriate uses within the watersheds. The land use zones were changed under Bylaw Amendment 310.92 and the subdivision district zoning was changed under Bylaw Amendment 310.96. The bylaws were independent of each other to separate the land uses from the subdivision districts in the event of future challenges to the bylaw. The two bylaws did however receive readings and subsequent adoption at the same Board meetings. Policy We Envision The “We Envision” document is a high level regional plan which establishes land use principles for the Sunshine Coast and individual bylaw amendments should measure up to the strategic direction and principles found within the plan.
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