CITY OF CAMPBELL RIVER PUBLIC HEARING AGENDA

Transcription

1 CITY OF CAMPBELL RIVER PUBLIC HEARING AGENDA PUBLIC HEARING MEETING, Monday, October 24, 2016 at 6:00 PM in the City Hall Council Chambers, 301 St. Ann's Road, Campbell River, BC. Page The agenda presents the recommendations extracted from the reports that comprise the agenda background package. To request a copy of a specific report, please contact the Legislative Services Department. 1. BYLAW NO. 3626, BYLAW AND PROPERTY DESCRIPTION Zoning Amendment Bylaw No. 3626, 2016 (35 Rockland Road). 1.2 ATTACHMENTS This bylaw, if adopted, will rezone a portion of 35 Rockland Road from Public Areas Two (PA-2) to Residential One B (R-1B).. The subject property is legally described as: Lot B, Section 29, Township 1, Comox District, Plan VIP80548, Except Part in Plan EPP Public Hearing Notice September 19, 2016 report to Council regarding zoning amendment Neighbourhood Public Meeting Summary Zoning Amendment Bylaw No. 3626, 2016 (35 Rockland Road) 1.3 WRITTEN SUBMISSIONS 1.4 PUBLIC VERBAL PRESENTATIONS 1.5 CLOSE OF PUBLIC HEARING Please note that once the Public Hearing is closed, there can be no further discussion or information given to members of Council. This would include telephone calls, s, etc. Page 1 of 51

2 Page Public Hearing Agenda - Monday, October 24, BYLAW NO. 3627, 2016 AND BYLAW NO. 3628, BYLAW AND PROPERTY DESCRIPTION Official Community Plan Amendment Bylaw No. 3627, 2016 (Quinsam Coal Mine Extension) Zoning Amendment Bylaw No. 3628, 2016 (Quinsam Coal Mine Extension) 2.2 ATTACHMENTS These bylaws, if adopted, will: 1. designate unaddressed Quinsam Coal Mine extension Business and Industrial Service Area; and 2. rezone unaddressed Quinsam Coal Mine extension from Upland Resource (UR) to Industrial Three(I-3). The subject property is legally described as: Proposed Subdivision Plan of Part of Blocks 98 and 148, Except Part in Plan VIP64817, Block 120, Except Part in Plans 12164, 13574, 13641, VIP53617, and VIP64817, and That Part of Block 149 Shown Outlined in Red on Plan 505-R, Except That Part Bounded on the East by Lot 242, on the North and West by Block 98, and on the South East by the Iron River, as Said River is Shown on Said Plan 505-R, Except that Part in Plan VIP64817, all of Comox District Public Hearing Notice October 3, 2016 report to Council regarding Official Community Plan amendment and zoning amendment Neighbourhood Public Meeting Summary Official Community Plan Amendment Bylaw No. 3627, 2016 Zoning Amendment Bylaw No. 3628, WRITTEN SUBMISSIONS 2.4 PUBLIC VERBAL PRESENTATIONS 2.5 CLOSE OF PUBLIC HEARING Page 2 of 51

3 Page Public Hearing Agenda - Monday, October 24, Please note that once the Public Hearing is closed, there can be no further discussion or information given to members of Council. This would include telephone calls, s, etc. Page 3 of 51

4 Page 4 of 51 Public Hearing October 24, 2016

5 Page 5 of 51 To rezone the subject area from Public Areas Two (PA-2) to Residential One B (R-1B)

6 1345 Galerno Road Subject Area Subject Property Page 6 of Rockland Road

7 Subject Area Subject Property Page 7 of 51

8 Page 8 of 51 Subject Property

9 Page 9 of 51 1

10 Report to Council TO: FROM: AUTHOR: Mayor & Council R. Neufeld, Deputy City Manager/General Manager, Operations M. Fitzgerald, Planner DATE: September 19, 2016 SUBJECT: Rezoning Application for 35 Rockland Road FILE No.: ZON (Bylaw 3626, 2016) Recommendation: THAT Council gives First and Second Reading to Zoning Bylaw Amendment 3626, 2016 to rezone a portion of 35 Rockland Road from Public Areas Two (PA-2) to Residential One B (R- 1B) with the condition that a restrictive covenant is registered on the subject area restricting any future buildings, structures or tree removal; AND THAT Council directs staff to set a Public Hearing. Purpose: This proposal seeks to rezone the lands being consolidate with 1345 Galerno Road which have been purchased from the City and is a condition of the Purchase and Sales Agreement. Proposal: The property owner entered into a Purchase and Sales Agreement with the City on October 15, 2015 (resolution ic ) to purchase the lands outlined in Figure One and identified as the subject area. A condition of the Purchase and Sales Agreement between the adjacent land owner at 1345 Galerno Road and the City is to rezone the subject area from PA-2 to R-1B. The proposal is part of the redevelopment of a large 6394m² (1.58 ac.) parcel (1345 Galerno Road). A Preliminary Subdivision Approval Review (PSR) letter was issued in February As proposed, the applicant will buy a portion of 35 Rockland Road from the City to consolidate into Proposed Lot F (see Schedule A - Preliminary Subdivision Layout). The rationale for the City selling this land to the owner of 1345 Galerno Road is that the subject area aligns topographically with 1345 Galerno Road s existing lawn and yard area. The boundary of the subject area lies at the base of the steep slope which is unusable land due to the steep topography. Figure 1 illustrates this context and the subject area from 35 Rockland Road which will be consolidated into1345 Galerno Road. Currently, the subject area is zoned PA-2 and 1345 Galerno Road is zoned R-1B. To avoid a split zoned parcel, the subject area requires a rezoning from PA-2 to R-1B as outlined in the Purchase and Sales Agreement. The parcel of land for 35 Rockland Road is not legally registered as parkland and has limited usability due to the severe steep slope area adjacent to Rockland Road. File No.: ZON Page 1 of 8 Page of of

11 Environmental Considerations This newly created subject area will be adjacent to a former eagle s nest tree which was previously used as a nest site but has been inactive for over five years. According to the Eagles Nest Development Permit Guidelines, if a nest is inactive for five breeding seasons then the development permit requirements no longer apply. A Qualified Environmental Professional has confirmed that the nest has been inactive for greater than five breeding seasons. The tree is still used as a perch tree and a nest could be reestablished. As a condition of the rezoning a restrictive covenant will be required to be placed on the subject area (shown in Figure 1 below) which restricts any buildings, structures or tree removal within the the subject area. This will help protect perch trees and hopefully lead to the reestablishment of an eagle s nest. Figure 1: Location of proposal and topography Subject Area 1345 Galerno Road To be consolidated with 1345 Galerno Road 35 Rockland Road Former Eagle s Nest File No.: ZON Page 2 of 8 Page 5711 of of

12 Evaluation Official Community Plan Land Use The OCP designates this area as Neighbourhood. The proposed R1-B zoning is consistent with this designation. The additional land area will form part of the existing adjacent residential land use as yard area. Figure 2 below shows that the area is functionally part of the existing yard of 1345 Galerno Road. The realigned property boundaries are designed to reflect this use and formalize the legal parcel boundaries with the areas that acts, and is used, as the yard of 1345 Galerno Road. Figure 2: Approximate area of land from 35 Rockland Road to be consolidated with 1345 Galerno Road 1345 Galerno Road Approximate area to be consolidated with 1345 Galerno Road Impact on Neighbouring Properties In this case, aligning the zoning with the proposed lot lines will have no identified impact on the adjacent property owners. As discussed, the subject area already functions as part of the yard area of 1345 Galerno Road. In addition, there is a recommended condition that no buildings, structures or tree removal permitted in the subject area. Therefore, this proposal will have a neutral impact on the surrounding neighbourhood. File No.: ZON Page 3 of 8 Page of of

13 Financial / Operational Considerations: None identified. Options: The four options are: 1. Give Zoning Bylaw Amendment 3626, 2016 First and Second Readings, direct staff to set a Public Hearing with the condition that buildings, structures and tree removal is prohibited within the subject area; 2. Give Zoning Bylaw Amendment 3626, 2016 First and Second Readings, and direct staff to set a Public Hearing with no additional conditions; 3. Defer First and Second Readings and request additional information; 4. Refuse the rezoning application. Staff recommends Option 1 as this Zoning Bylaw Amendment is consistent with the intent of the OCP and will have no identified impact on the adjacent former eagle s nest tree or surrounding neighbourhood. Communications: The City s Procedures Bylaw requires the applicant to conduct a Neighbourhood Public Meeting, which was held on July 5, The applicant reported that eight neighbouring property owners attended (see Schedule B Neighbourhood Public Meeting Summary). The attendees raised concerns regarding the development of the property and the potential for erosion. This will be addressed by the 219 covenant that restricts development of the subject Area. The next step in the public process, if the bylaw is given First and Second Readings, is for a Public Hearing to be scheduled. The City must advertise a Public Hearing in two consecutive issues of the local newspaper in addition to notifying properties within 100m radius of the site. Conclusion: The proposed zoning amendment aligns the zoning with the existing R-1B zone on 1345 Galerno and prevents a split zoning from occurring with the purchase of the subject area lands and meets the condition of the Purchase and sale Agreement with the City. Staff recommends that Council gives First and Second Readings of the bylaw as drafted, and direct that a Public Hearing be scheduled. Report prepared by Report reviewed/endorsed by Matthew Fitzgerald, MCIP, RPP Planner Kevin Brooks, MCIP, RPP Development Services Supervisor File No.: ZON Page 4 of 8 Page of of

14 Report reviewed/endorsed by Report Approved By Marianne Wade, BA, MCIP, RPP Acting Manager of Community Planning & Development Services Ronald G. Neufeld, P.Eng Deputy City Manager/General Manager Operations Attachments: - Preliminary Subdivision Layout - Neighbourhood Public Meeting Summary File No.: ZON Page 5 of 8 Page of of

15 SCHEDULE A (Preliminary Subdivision Layout) 7 File No.: ZON Page 6 of 8 Page 615 of of

16 SCHEDULE B (NEIGHBOURHOOD PUBLIC MEETING SUMMARY) File No.: ZON Page 7 of 8 Page of of

17 File No.: ZON Page 8 of 8 Page of of

18 Zoning Amendment Bylaw No. 3626, 2016 ADOPTED 2016 P U R P O S E This bylaw amends the Zoning Bylaw No. 3250, 2006 Page 18 of 51 10

19 The Council of the City of Campbell River enacts as follows: Part 1 T itle 1.0 This bylaw may be cited for all purposes as Zoning Amendment Bylaw No. 3626, Part 2 Enactment 2.0 This bylaw comes into effect upon adoption. 2.1 The Mayor and City Clerk are hereby empowered to do all things necessary to give effect to this bylaw. Part 3 Amendments to Zoning Bylaw 3250, That Zoning Bylaw 3250, 2006 be amended as follows: 1) THAT the area identified as Proposed Portion from CCR to Lot 1 on the attached map be rezoned from Public Areas Two (PA-2) to Residential One B (R-1B). Part 4 Severability 4.0 If any section, subsection, paragraph, clause, phrase or word within this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 2 City of Campbell River Zoning Amendment Bylaw No. 3626, 2016 Page 19 of 51 11

20 READ THE FIRST TIME this 11 th day of October READ THE SECOND TIME this 11 th day of October A Public Hearing was advertised in two issues of the Campbell River Mirror this 14 th day of October this 19 th day of October and was held this day of 20 READ THE THIRD TIME this day of 20 ADOPTED this day of 20 Signed by the Mayor and City Clerk this day of 20 MAYOR CITY CLERK 3 City of Campbell River Zoning Amendment Bylaw No. 3626, 2016 Page 20 of 51 12

21 Map Schedule 1 13 Mayor: City Clerk: Dated: 4 City of Campbell River Zoning Amendment Bylaw No. 3626, 2016 Page 21 of 51

22 Page 22 of 51 Public Hearing October 24, 2016

23 To designate the subject lands as Business and Industrial Service Centre To rezone the subject lands as Industrial Three (I-3) Page 23 of 51

24 Page 24 of 51 Subject Property

25 Page 25 of 51 Subject Property

26 Page 26 of 51 1

27 Page 27 of 51 2

28 Report to Council FROM: AUTHOR: TO: Mayor & Council R. Neufeld, Deputy City Manager/General Manager, Operations C. Salisbury, Planner DATE: October 3, 2016 SUBJECT: Official Plan Amendment and Rezoning Application for Quinsam Coal Mine FILE No.: OCZ (Bylaw 3627, 2016 and Bylaw 3628, 2016) Recommendation: THAT Council gives First and Second Reading to Official Community Plan Amendment Bylaw 3627, 2016 to designate unaddressed (Quinsam Coal Mine extension) Business and Industrial Service Area and that Council directs staff to set a Public Hearing; AND THAT Council gives First and Second Reading to Zoning Amendment Bylaw 3628, 2016 to rezone unaddressed (Quinsam Coal Mine extension) from Upland Resource (UR) to Industrial Three (I-3) and that Council directs staff to set a Public Hearing. Purpose: The subject lands are former areas of Strathcona Regional District and have recently been brought into the City of Campbell River s boundaries. These lands require alignment to the City of Campbell River s Official Community Plan and Zoning Bylaw. In order to align, these lands need to be designated and zoned appropriately. The applicant is proposing to designate and rezone the subject lands to Business and Industrial Service Area and Industrial Three (I-3) respectively to make them consistent with the adjacent Quinsam Coal properties. Background: Context In June 2015 the City supported a petition from Quinsam Coal Corporation for a boundary extension to include approximately 140 hectares of their land in the City of Campbell River. As part of this process provincial legislation required that Council had to obtain assent of its electors before it could proceed with the boundary extension. The City of Campbell River then obtained the approval of the electors to petition the Minister of Community, Sport and Cultural Development to extend the boundaries of the City of Campbell River. The boundary extension officially became effective on December 17, 2015 by Order-in Council #832. The subject lands are not within the contiguous area of the City boundaries. The lands are located along Argonaut Main south of Highway 28, west of the City of Campbell River and in the rural area of the Strathcona Regional District. Adjacent Quinsam Coal lands are also part of the City of Campbell River and designated Business and Industrial Service Centre and zoned I-3. The subject lands are currently designated Upland Resource which is a designation carried over from Strathcona Regional District s Oyster Bay Buttle Lake Official Community Plan, Bylaw No. File No.: OCZ Page 1 of 26 Page of of

29 1857, 1996 when the subject lands were brought into the City boundary in The applicant is proposing to redesignate the subject lands to Business and Industrial Service Centre. The subject lands are currently zoned Upland Resource (UR) which is a zone carried over from Strathcona Regional District s Zoning Bylaw No. 1404, 1991 when the subject lands were brought into the City boundary in The applicant is proposing to rezone the subject lands to Industrial Three (I-3).Figure 1 shows the subject lands in relation to adjacent Quinsam Coal parcels. Figure 2 shows the subject lands in relation to the City of Campbell River. Figure 1 - Subject lands in relation to adjacent Quinsam Coal parcels File No.: OCZ Page 2 of 26 Page Page69 29ofof

30 Figure 2 - Subject lands in relation to the contiguous city boundary Evaluation: Official Community Plan (OCP) The OCP s Business & Industrial Service Centre designation states that this designation is predominantly an employment precinct that includes a range of business uses from limited service commercial uses, light and heavy industrial and institutional uses. As an intended growth area, the business and industrial service centre will support intensive employment and related service industries within and outside Campbell River. The Quinsam Coal uses are supported by this designation as it would be considered a heavy industrial use due to its typical mining operations. Specific objectives and policies of the OCP s Business & Industrial Service Centre designation that support this use include: Ensure that sufficient lands for industrial and service-related uses are designated and appropriately located to serve present and future needs. The proposal is supported by this policy as the expansion of the Quinsam Coal properties within City boundaries helps to serve present and future needs for heavy industrial uses File No.: OCZ Page 3 of 26 Page of of

31 associated with the Quinsam Coal operations, concentrating these uses in the area better serving the operations for future expansion Support the growth and expansion of existing businesses, including industry and service-related uses, where it does not adversely impact on the community s quality of life. The proposal is supported by this policy as the expansion of the Quinsam Coal properties does not adversely impact the community s quality of life due to its location approximately 12 km west of the City which isolates traffic for shipping to Gold River Highway Maintain existing and allow for expansion of heavy industrial uses, where future need exists. This proposal supports this objective as it is an expansion of heavy industrial uses and may meet future need if it is required A full-range of industrial uses is supported for development and expansion from heavy industrial use and manufacturing, to warehousing, light service and support industry on full municipal services. The expansion of the Quinsam Coal operations is supported by this policy as it is considered heavy industrial in nature and adds to the diversification of the land uses of the city and contributes to economic growth. The proposed designation is consistent with the OCP as the expansion of the Quisam Coal operations is similar to the surrounding Quinsam Coal uses, it adds to the heavy industrial land base and it does not adversely impact the community due to its location. Zoning Analysis The area where the subject lands are located currently contains existing Quinsam Coal operations as well as forestry operations. The adjacent Quinsam Coal lands are zoned Industrial Three (I- 3) that provides for areas of resource extraction and ancillary uses, maintenance compounds for the resource industry, lumber mills and log home fabrication and construction. The surrounding lands in the Strathcona Regional District are zoned Upland Resource (UR) and provides for single family dwellings, forestry, agricultural uses, low impact recreation, fish hatcheries and enhancement facilities, public utility uses, park uses, explosives sales, storage, manufacturing and distribution pursuant to the Explosives Act, and firearm ranges. Rezoning the subject lands I-3 is consistent with the surrounding Quinsam Coal operations and forestry operations in the area. Rezoning the subject lands to I-3 is consistent with the OCP as it allows for resource extraction and ancillary uses which is considered a heavy industrial use. Other Applicable Legislation It is worth noting that all mining and mineral exploration activities are subject to the Mines Act and Mineral Tenure Act. Municipal bylaws cannot restrict any terms or conditions of these acts. Impact on Neighbouring Properties File No.: OCZ Page 4 of 26 Page of of

32 Designating and rezoning of the subject lands, to Business & Industrial Service Centre and I-3 respectively, is not considered to have any significant adverse impact on neighbouring properties. The adjacent Quinsam Coal parcels already contain this designation and zoning. The other adjacent land is used for forestry operations which are considered heavy industrial uses. Financial / Operational Considerations: The impact of the boundary extension will be revenue positive for the City of Campbell River as it will collect taxes from the subject lands. The City does not currently provide direct services to the subject lands (e.g. water or sewer). Quinsam Coal does have an impact on City operations and services due to vehicular traffic using City roads to move goods to port. Options: The three options are: 1. Give Official Community Plan Amendment Bylaw 3627, 2016 and Zoning Amendment Bylaw 3628, 2016, First and Second Readings, and direct staff to set a Public Hearing; 2. Defer First and Second Readings and request additional information; 3. Refuse the official plan amendment and rezoning applications. Staff recommends Option 1 as the Official Plan Bylaw and Zoning Bylaw Amendments are supported by the Official Community Plan. Communications: The City s Procedures Bylaw requires the applicant to conduct a Neighbourhood Public Meeting, which was held on September 12, The applicant reported that nine people were in attendance at the meeting (see Attachment B Neighbourhood Public Meeting Summary). The general discussion focused around the proposal, the history of the site, mining operations, the future of the site, and water drainage in the area. There was no recorded opposition to the proposal. Any representations received by the City subsequent to the drafting of this report will be distributed to Council. The City must advertise a Public Hearing in two consecutive issues of the local newspaper in addition to notifying properties within 100m radius of the site. Conclusion: The proposed official community plan and zoning bylaw amendments are consistent with the OCP and will not have an adverse impact on neighbouring properties. Staff recommends that Council gives First and Second Reading of the bylaws as drafted, and directs that a public date be set. Report prepared by Report reviewed / endorsed by File No.: OCZ Page 5 of 26 Page of of

33 Cameron Salisbury, MCIP, RPP Planner Kevin Brooks, MCIP, RPP Development Services Supervisor Community Planning & Development Services Report reviewed/endorsed by Report approved by Marianne Wade, MCIP, RPP Acting Community Planning and Development Services Manager Ronald G. Neufeld, P.Eng Deputy City Manager/ General Manager of Operations Attachments: - Property Location Map - Neighbourhood Public Meeting Summary - Draft Bylaw 3627, Draft Bylaw 3628, 2016 File No.: OCZ Page 6 of 26 Page 733 of of

34 ATTACHMENT 1: PROPERTY LOCATION MAP File No.: OCZ Page 7 of 26 Page of of

35 ATTACHMENT 2: NEIGHBOURHOOD PUBLIC MEETING SUMMARY 10 File No.: OCZ Page 8 of 26 Page of of

36 File No.: OCZ Page 9 of 26 Page of of

37 File No.: OCZ Page 10 of 26 Page 37 of 51 12

38 File No.: OCZ Page 11 of 26 Page 38 of 51 13

39 File No.: OCZ Page 12 of 26 Page 39 of 51 14

40 Official Community Plan Amendment Bylaw No. 3627, 2016 ADOPTED 2016 P U R P O S E This bylaw amends the Official Community Plan, Bylaw No. 3475, 2012 Page 40 of 51 15

41 The Council of the City of Campbell River enacts as follows: Part 1 Title 1.0 This bylaw may be cited for all purposes as Official Community Plan Amendment Bylaw No. 3627, 2016 (unaddressed (Quinsam Coal Mine extension). Part 2 Enactment 2.0 This bylaw comes into effect upon adoption. 2.1 The Mayor and City Clerk are hereby empowered to do all things necessary to give effect to this bylaw. Part 3 Amendments to Official Community Plan Bylaw 3475, That Official Community Plan Bylaw 3475, 2012 be amended as follows: 1) THAT the Proposed Land Use (South) Map referred to as Map 2b of Official Community Plan Bylaw No. 3475, 2012 shall be amended accordingly, as shown on Map Schedule 1 attached herein and forming part of this Bylaw. 4.0 If any section, subsection, paragraph, clause, phrase or word within this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. READ THE FIRST TIME this 11 th day of October READ THE SECOND TIME this 11 th day of October A Public Hearing was advertised in two issues of the Campbell River Mirror this 14 th day of October this 19 th day of October and was held this day of 20 READ THE THIRD TIME this day of 20 ADOPTED this day of 20 Page 41 of 51 16

42 Signed by the Mayor and City Clerk this day of 20 MAYOR CITY CLERK Page 42 of 51 17

43 Map Schedule 1 Page 43 of 51 18

44 Page 44 of 51 19

45 Mayor: City Clerk: Dated: Page 45 of 51 20

46 Zoning Amendment Bylaw No. 3628, 2016 ADOPTED, 2016 P U R P O S E This bylaw amends the Zoning Bylaw No. 3250, 2006 Page 46 of 51 21

47 The Council of the City of Campbell River enacts as follows: Part 1 Title 5.0 This bylaw may be cited for all purposes as Zoning Amendment Bylaw No. 3628, 2016 (unaddressed (Quinsam Coal Mine extension). Part 2 Enactment 6.0 This bylaw comes into effect upon adoption. 6.1 The Mayor and City Clerk are hereby empowered to do all things necessary to give effect to this bylaw. Part 3 Amendments to Zoning Bylaw 3250, That Zoning Bylaw 3250, 2006 be amended as follows: 1) THAT the Zoning Map referred to as Schedule B of Zoning Bylaw No. 3250, 2006 shall be amended accordingly, as shown on Map Schedule 1 attached herein and forming part of this Bylaw. Part 4 Severability 8.0 If any section, subsection, paragraph, clause, phrase or word within this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. READ THE FIRST TIME this 11 th day of October READ THE SECOND TIME this 11 th day of October A Public Hearing was advertised in two issues of the Campbell River Mirror this 14 th day of October this 19 th day of October and was held this day of Page 47 of 51 22

48 READ THE THIRD TIME this day of ADOPTED this day of Signed by the Mayor and City Clerk this day of 20 MAYOR CITY CLERK File No.: OCZ Page 9 of 12 Page 48 of 51 23

49 Map Schedule 1 File No.: OCZ Page 10 of 12 Page 49 of 51 24

50 File No.: OCZ Page 11 of 12 Page 50 of 51 25

51 Mayor: City Clerk: Dated: File No.: OCZ Page 12 of 12 Page 51 of 51 26