FEASIBILITY STUDY Land Use and Development Regulatory Options April 2020 PREPARED FOR: PREPARED BY: A B C D Table of Contents 1.0 EXECUTIVE SUMMARY �������������������������������������������������������������������������������������������������� 4 2.0 STUDY SCOPE AND CONTEXT �������������������������������������������������������������������������������������� 7 2.1 Study Area 10 2.2 Existing Regulatory Controls 11 2.2.1 Official Community Plans 11 2.2.2 Zoning 15 2.2.3 Subdivision of Land 18 3.0 EMERGING ISSUES ������������������������������������������������������������������������������������������������������ 19 3.1 Land Use Conflicts 19 3.2 Non-Compliance / Enhanced Risk of Hazards 20 3.3 Regulatory Uncertainty / Lack of Regulation 22 3.4 Tax Inequity 23 3.5 Other Emerging Issues 24 3.5.1 Energy Step Code 24 3.5.2 Climate Change Mitigation 24 3.5.3 Climate Change Adaption 25 4.0 REGULATORY OPTIONS ���������������������������������������������������������������������������������������������� 26 4.1. Key Regulatory Tools 26 4.1.1 Official Community Plan 26 4.1.2 Zoning Bylaw 27 4.1.3 Building Regulation 28 4.1.4 Subdivision Regulation 29 4.2 Regulatory Tools Detailed 30 4.3 Provincial Land Use Regulatory Tools 34 4.4 Comparative Analysis 35 4.4.1 Zoning Bylaws 35 4.4.2 Building Bylaws 37 4.4.3 Planning Resources 40 5.0 GOING FORWARD ������������������������������������������������������������������������������������������������������ 44 5.1 Guiding Principles 44 5.2 Summary of Costs and Benefits 45 5.3 Recommendations / Next Steps 47 1.0 Executive Summary The purpose of this study is to identify options to enhance the qathet Regional District’s land use and development regulatory framework. Approach Currently, the qathet Regional District has a Building permits, subdivision approvals, and much lighter regulatory framework than most zoning are the three most common means of other regional districts in British Columbia. A regulating land use in B.C. Only the subdivision lighter regulatory framework provides for a quick of land applies throughout the qathet Regional process, lower fees and taxes for individuals. District. Existing regulatory elements are limited However, less regulation includes significant to subdivision policies, area-specific zoning, the drawbacks. Transparency and oversight are designation of Development Permit Areas for reduced or not available. Non-compliance with riparian areas and the protection of development planning objectives and policies, regulatory from natural hazards. uncertainty and land use conflicts are all likely to increase. There are a number of regulatory options available to the qathet Regional District that If compliance with long-established measures merit consideration. These options offer the to prevent natural hazards and manage events potential to reduce ongoing issues concerning associated with climate change is voluntary, there land use conflicts, non-compliance and is increased risk of and vulnerability to landslide inconsistency with existing requirements. They hazards, flooding from extreme weather, tidal also offer the potential to proactively respond to surges and rivers overflowing their banks. If land petitions from concerned residents, reduce risk use approvals are not required, the likelihood of from documented hazards and increase resiliency property tax inequity is also increased due to a to the consequences of climate change. lack of information on building activity, ‘hidden assessments’, and a greater lag in the assessment of new development/improvements. 4 | qathet Regional District Findings The Local Government Act allows a wide range of issues to be regulated including land use There are four key tools to regulate land type, setbacks, building height, building size, use in British Columbia: Official Community site coverage, impervious surface coverage, and Plans, zoning bylaws, building regulation and parking. None are mandated by the Province subdivision regulation. There are significant of British Columbia. Each local government can benefits to implementation of land use determine what type and level of regulation regulation. Regulation provides consistency, is most appropriate to its needs. It should be reduced risk, stewardship and protection of noted, however, that subdivision regulation is land for the common good. However, land use undertaken by the Provincial Government and all regulations also have drawbacks such as cost and building construction is obligated to follow the implementation/approval time considerations. BC Building Code. Other land use regulatory tools exist, but their benefits are somewhat limited, or their need not The regulatory scope of zoning where it occurs apparent. in qathet Regional District is limited. One zoning bylaw effectively regulates only one property In the qathet Regional District, only Official and another is limited to a minimum parcel size Community Plans are undertaken in all electoral regulation. The proportion of the population areas. Zoning occurs in a minority of three where zoning occurs is also quite limited in each electoral areas and does not occur in the fourth electoral area. Zoning applies to less than 10% electoral area. Building regulation (through of the population in Electoral Area A, 25% in adoption of a Building Bylaw) does not occur Electoral Area B, 0% in Electoral Area C and 5% in any electoral area. Subdivision regulation is in electoral Area D undertaken as this is a Provincial function which includes input from the qathet Regional District qathet Regional District is one of three regional with respect to Official Community Plan policies districts in British Columbia which has not and zoning provisions, where applicable. undertaken building regulation. The other two regional districts, North Coast and Central Coast, All regional districts in B.C. have zoning bylaws which are also without building regulation, have and most apply throughout their jurisdiction. In a much smaller electoral area population and are several regional districts, zoning bylaws do not much more remote and geographically isolated. apply in all areas but are limited to settlement areas and excludes remote areas. This applies In terms of planning and other land use to three coastal regional districts, Central Coast, regulatory resources, three regional districts, North Coast and Kitimat-Stikine. The unzoned Mount Waddington, Central Coast and North areas are all remote, large in area but small in Coast have lower staffing than the qathet population. Regional District. Each has approximately one Feasibility Study: Land Use and Development Regulatory Options | 5 half the electoral area population of the qathet multi-phased program and selective approach Regional District. Other coastal regional districts starting with public education and consultation with a similar or larger electoral area population on the benefits and drawbacks of zoning in include building inspection, bylaw enforcement Electoral Areas B (expanded zoning) and C (new and GIS functions. Total planning and related zoning bylaw) in 2020. staff of comparable size to qathet consist of 6.1 FTEs in the Strathcona Regional District, 9 in the Depending on the results of the Phase 1 Alberni Clayoquot Regional District, 8.25 in the consultation, initiation of a new zoning bylaw for Squamish Lillooet Regional District, 16 in the Electoral Areas B and C followed by a DPA and Sunshine Coast Regional District and 18 in the Guidelines for the protection of development Comox Regional District. from already identified hazards is recommended in Phase 2 (2021-2). Consultation on adopting Given requests from residents to expand zoning, a Building Bylaw for rural areas phased in by the importance of restricting the use of land electoral area is also recommended in Phase 2. that is subject to hazardous conditions or that is environmentally sensitive, population growth Future longer-term phases include consideration projections, and emerging issues like climate of a Subdivision Servicing and Stormwater change which are not being addressed under Management Bylaw for settlement areas in the current land use regulatory system, a re- Electoral Areas B and C, a DPA with guidelines evaluation is timely. for the form and character of development in the Lund Area, and expanded policies for affordable Summary of Recommendations housing, GHG emissions, etc. through routine OCP updates. Other land use regulation is Based on the assessment of current regulatory possible but offers limited benefits or merit for status in the qathet Regional District, it is the qathet Regional District. recommended that the Regional District consider an increased regulatory framework through a FIGURE: Summary of Recommendations REGULATORY PHASE 1 (2020) ROADMAP Public consultation on zoning options PHASE 2 (2021-2022) Implementation of zoning options selected in Phase 1 A Public consultation on adoption of Building Bylaw Establish DPAs and Guidelines for previously identified hazard areas Discussion with Tla’amin Nation on public consultation in Area A on zoning options B C beyond the Lund Watershed area FUTURE PHASES Discussion with Tla’amin Nation on Lund DPA D Public consultation on: - Subdivision Servicing and Stormwater E Management Bylaw - Future OCP updates 6 | qathet Regional District 2.0 Study Scope and Context The purpose of this study is to identify options to enhance the qathet Regional District’s land use and development regulatory framework. The qathet Regional District has a much lighter