NOTICE OF PUBLIC HEARING

Transcription

1 NOTICE OF PUBLIC HEARING Crescent Valley Hall 1385 Highway 6, 6:00pm, August 15th NOTICE is hereby given that a Public Hearing will be held at Crescent Valley Hall at 6:00pm on August 15, 2018 to receive representations from all persons who deem it in their interest regarding the following: Location and Legal Description: 1051 Webb Road, Playmor Junction BC Lot 11, District Lot 303, Plan NEP10141 (PID: ) Bylaw 2627, 2018: proposal to amend the land use designation of the subject property from Country Residential (CR2) to Community Services (CS) Bylaw 2628, 2018: proposal to amend the zoning designation of the subject property from Country Residential (R2I) to Institutional (I) The aforementioned proposed bylaw(s) may be inspected from July 30 to August 15, 2018 both inclusive, on the web: bc.ca and at the location indicated below between 8:30 am and 4:30 pm, Monday to Friday (excluding statutory holidays). Written submissions for or against the proposed amendment can be provided or verbal submissions made at the Public Hearing. If you are unable to attend the Hearing, written submissions must be delivered to the Regional District of Central Kootenay, prior to 4:00 pm on the day before the Hearing. All written submissions are public information pursuant to the Freedom of Information and Protection of Privacy Act. Regional District of Central Kootenay, Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4 fax at (250) or at plandept@ rdck.bc.ca. Please direct enquiries to Darcy Roszell, Planner at (250) or toll-free , droszell@rdck.bc.ca. DATED at Nelson, B.C. this 26th day of July, Mike Morrison Corporate Officer From: Country Residential (R2I) To: Institutional (I)

2 REGIONAL DISTRICT OF CENTRAL KOOTENAY AMENDMENT BYLAW No. 2627, 2018 A Bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, WHEREAS it is deemed expedient to amend the Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: 1. That Schedule B of Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 be amended by changing the future land use designation of property legally described as Lot 11, District Lot 303, Plan NEP10141 (PID ) from Country Residential 2 (CR2) to Community Services (CS), as shown on the attached Schedule B. 2. This Bylaw shall come into force and effect upon its adoption. READ A FIRST TIME this day of, READ A SECOND TIME this day of, WHEREAS A Public Hearing was held on the of, READ A THIRD TIME this day of, ADOPTED this day of, RDCK Board Chair Corporate Officer I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Amendment Bylaw No. 2627, DATED at Nelson, B.C. this day of, Corporate Officer

3 q WEBB RD From: Country Residential 2 (CR2) To: Community Services (CS) Lot 11 District Lot 303 Plan NEP10141 (PID) OSACHOFF RD Legend Civic Address PINTAIL RD 1053 Roads Lot Lines CLASS C CR2 CS I Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4 Phone: (250) Toll-Free (BC) Fax: (250) Internet: The mapping information shown are approximate representations and should only be used for reference purposes. The Regional District of Central Kootenay is not responsible for any errors or ommissions on this map. Schedule 'B' of Amendment Bylaw No. 2627, Z1803I-01642,080 Applicant: Myers Map Scale Meters Map Projection: UTM Zone 11 Map Datum: NAD83 Date Plotted: Thursday, July 05, 2018 Schedule 'B' Official Community Plan Designations

4 REGIONAL DISTRICT OF CENTRAL KOOTENAY AMENDMENT BYLAW No. 2628, 2018 A Bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 WHEREAS it is deemed expedient to amend the Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004, and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: 1. That Schedule A of Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 be amended by changing the zoning designation of property legally described as Lot 11, District Lot 303, Plan NEP10141 (PID ) from Country Residential (R2I) to Institutional (I), as shown on the attached Schedule A. 2. This Bylaw shall come into force and effect upon its adoption. READ A FIRST TIME this day of, READ A SECOND TIME this day of, WHEREAS A Public Hearing was held on the of, READ A THIRD TIME this day of, ADOPTED this day of, RDCK Board Chair Corporate Officer I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Zoning Amendment Bylaw No. 2628, DATED at Nelson, B.C. this day of, Corporate Officer

5 q WEBB RD From: Country Residential (R2I) To: Institutional (I) Lot 11 District Lot 303 Plan NEP10141 (PID) OSACHOFF RD PINTAIL RD Legend 1053 Civic Address Roads Lot Lines CLASS I R2I Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4 Phone: (250) Toll-Free (BC) Fax: (250) Internet: The mapping information shown are approximate representations and should only be used for reference purposes. The Regional District of Central Kootenay is not responsible for any errors or ommissions on this map. Schedule 'B' of Amendment Bylaw No. 2628, Z1803I-01642,080 Applicant: Myers Map Scale Meters Map Projection: UTM Zone 11 Map Datum: NAD83 Date Plotted: Thursday, July 05, 2018 Schedule 'B' Zoning Designations

6 Regional District of Central Kootenay July 19, An existing shed at the rear of the property of Lot 3. The applicant seeks to retroactively vary the interior lot line setback to 0.0 m from 1.5 m; SUBJECT TO an easement between the properties legally described as Lot 4, District Lot 372, Plan NEP11651 (PID ) and Lot 3, District Lot 372, Plan NEP11651 (PID ) which allows access to the shed at the rear of the lots which straddles the shared property line AND that the easement be received by RDCK Planning staff within 60 days of the RDCK Board decision. 510/18 That the Board ISSUE Development Variance Permit V1804F to Maurice Poulin for the property at 3268 Highway 3A, Six Mile BC and legally described as Lot A, District Lot 4397, Kootenay Land District Plan EPP53443 (PID ) in order to vary: 1. Dwelling: Front Setback from 4.5 metres to 4.32 metres 2. Covered Outdoor Kitchen: Front Setback from 4.5 metres to 1.19 metres 3. Decommissioned Dwelling: Front Setback from 4.5 metres to 0.79 metres 4. Covered Stairway: Front Setback from by 4.5 metres to 0.0 metres. BE REFERRED to the August 15, 2018 Rural Affairs Committee meeting. 511/18 That the Board REFER further consideration of the Site Specific Floodplain Exemption proposed for property located at 3268 Highway 3A and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) to the August 15th, 2018 Rural Affairs Committee meeting. 512/18 That Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 being a bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 513/18 That RDCK Zoning Amendment Bylaw No.2628, 2018 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 17

7 Regional District of Central Kootenay July 19, /18 In accordance with Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015, that Electoral Area 'I' Director Andy Davidoff is hereby delegated the authority to chair the Public Hearing on behalf of the Regional District Board. 515/18 That the Community Works Funding amount of $110,463 approved April 20, 2018 by resolution 297 /18 to the Balfour Recreation Commission for the Solar PV Systems Project be amended to include an additional $18,700 for a total Community Works funding amount of $129,163 disbursed from Community Works Funds allocated to Electoral Area E. 516/18 That the RDCK Community Works Fund application submitted by Ootischenia Improvement District for the Water Main Upgrade Project in the total amount of $120,000 be approved and that funds be disbursed from Community Works Funds allocated to Electoral Area J. 517/18 That the RDCK Community Works Fund application submitted by the Nakusp and Area Bike Society for the Mt. Abriel Trail Network Recreation Infrastructure Project Phases 2 & 3 in the total amount of $80,000 be approved and that funds be disbursed from Community Works Funds allocated to Electoral Area K. 518/18 That staff be directed to submit an Infrastructure Planning Grant Program application for the Lister Water System Assessment and Upgrades project for consideration during the 2018 intake with funds to be allocated in fall /18 That the Burton Water Service Parcel Tax Amendment Bylaw No. 2616, 2018 is hereby read the FIRST, SECOND, and THIRD time by content. 520/18 That the Burton Water Service Parcel Tax Amendment Bylaw No. 2616, 2018 is hereby ADOPTED and the Chair and Secretary are hereby authorized to sign same. 18

8 REGIONAL DISTRICT OF CENTRAL KOOTENAY Committee Report Date of Report: July 4, 2018 Date & Type of Meeting: July 18, 2018 Rural Affairs Committee Author: Darcy Roszell, Planner Subject: ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / OCP AMENDMENT BYLAW NO. 2627, 2018 File: 4600/20/2018/Z1803I MYERS-BA SECTION 1: EXECUTIVE SUMMARY The purpose of this report is for the Board to consider a land use amendment for property at 1051 Webb Road legally described as Lot 11, District Lot 303, Plan NEP10141 (PID ). The proposal would amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 by rezoning the subject property from Country Residential (R2I) to Institutional (I) and Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 by re-designating the property from Country Residential 2 (CR2) to Community Services (CS). The applicant proposes to re-purpose a building previously used as a Jehovah s Witness Hall into a Day Care Centre used for childcare and family programs. Day Care Centres are a permitted use under the Institutional (I) zone. SECTION 2: BACKGROUND / ANALYSIS Owners: B.C. LTD. Electoral Area: I Current OCP: Country Residential 2 (CR2) Current Zoning: Country Residential (R2I) Proposed OCP: Community Services (CS) Proposed Zoning: Institutional (I) Figure 1: Site Context

9 ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / KOOTENAY COLUMBIA RIVERS OCP AMENDMENT BYLAW NO. 2627, 2018 July 18 th, 2018 Page BACKGROUND/ SITE CONTEXT The property is located southwest of the Playmor Junction between Nelson and Castlegar. The subject property is 0.62 hectares and is bordered by Electoral Area H on the north side of Webb Road. Properties to the south of Webb Road are within Electoral Area I and are zoned Country Residential I (R2I). The numbered company B.C. LTD., INC.NO. BC owns the property at 1051 Webb Road which is currently zoned Country Residential (R2I), and has an Official Community Plan (OCP) designation of Country Residential 2 (CR2). The building on the site was previously used as a Jehovah s Witness Hall and the applicant proposes to use the building as a child care facility. The intent is to make use of the existing facility for such purposes, but no further detail has been provided as to potential further improvements and operations. Figure 2: Site Photo Figure 3: Site Plan

10 ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / KOOTENAY COLUMBIA RIVERS OCP AMENDMENT BYLAW NO. 2627, 2018 July 18 th, 2018 Page REFERRAL COMMENTS Agency Referral The proposal was referred to applicable external agencies and First Nations. The following comments were received: Interior Health Communities are healthier places for residents when planning and development includes healthy planning principles as part of neighbourhood design, transportation networks, natural environments, food networks and housing. Well designed communities, parks, schools, road systems and other infrastructure has a positive impact on people s physical, mental and social health. An initial review of the information provided has been completed and we ve determined that this proposal includes aspects or features consistent with some healthy communities planning principles. As such, overall we are supportive of this development proposal proceeding. Neighbourhood Referral The proposal was referred to all property owners within a 150 metre radius of the site. A petition with thirty three (33) signatures in opposition to the proposed amendments was received by RDCK staff. Signatures were not cross referenced between the letters and the petition for duplicates. A copy of the petition can be seen in Attachment C. The concerns cited in the letters are as follows: Neighbourhood Concern Detail Traffic - Nearly all responses cited concern regarding the potential for increase in traffic to the area. It was noted that the Playmor gravel pit close to the site already has a strong vehicular presence. - Concerns about the turnoff from Highway 6 onto Osachoff Road with regard to traffic at peak hours. Safety - The potential for traffic increase has concerned nearly all of the respondents with regard to safety on/beside the road for children and other pedestrians. - The Brent Kennedy School is in close proximity to the site and there are concerns that increased traffic would negatively impact safety of children as they walk/bike to school. Neighbourhood Character - Respondents stated that they purchased property in this area specifically for the quiet residential character. - Concern that a change in zoning would change the real and perceived dynamic of the neighbourhood. Institutional Zoning - The applicant has requested the rezoning from R2I to I. Area residents are concerned that some of the list of permitted uses (which includes child care) would not fit in the

11 ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / KOOTENAY COLUMBIA RIVERS OCP AMENDMENT BYLAW NO. 2627, 2018 July 18 th, 2018 Page 4 community should the child care facility stop operating. - Examples of these uses include: o Group Care Facilities o Recycling Depot o Retreat Centers Area I APC The Area I APC met on June 25 th, 2018 and made the following recommendation: The members of the APC arrived at a consensus and made the following recommendation at its June 25, 2018 APC meeting: 1. Application Z18036I be forwarded to public hearing. SECTION 3: DETAILED ANALYSIS a. Financial Considerations Cost and Resource Allocations: Included in Financial Plan: YES NO Financial Plan Amendment: YES NO Debt Bylaw Required: YES NO Public/Gov t Approvals req d: YES NO The $1800 application fee was received in accordance with the Planning Procedures and Fees Bylaw No. 2457, b. Legislative Considerations (Applicable Policies and/or Bylaws): This application was processed in accordance with the Planning Procedures and Fees Bylaw No. 2547, c. Environmental Considerations: Environmental impacts are not anticipated as the existing building is intended to be repurposed. d. Social Considerations: Impact to surrounding residential development associated with potential for traffic increase. The area would also stand to gain much needed child care spaces. e. Economic Considerations: The economic impact that this proposed amendment would have on the community would be the creation and/or relocation of child care employment. f. Communication Considerations: If the Board proceeds with the proposal, notification will be circulated to neighbouring property owners and to the general public by way of newspaper advertisement and a Public Hearing held as per Planning Procedures and Fees Bylaw No. 2457, 2015 g. Staffing/Departmental Work Plan Considerations: Part of operational work load of Planning Service 104.

12 ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / KOOTENAY COLUMBIA RIVERS OCP AMENDMENT BYLAW NO. 2627, 2018 July 18 th, 2018 Page 5 SECTION 4: OPTIONS & PROS / CONS DISCUSSION The Ministry of Transportation and Infrastructure (MOTI) did not respond during the referral period, however Planning staff intends to contact their staff prior to Public Hearing in order to provide feedback on the traffic concerns strongly expressed by the community. A traffic assessment may be required as part of the land use amendment process. The applicant was made aware of the concerns regarding permitted uses within the Institutional Zone and has voluntarily offered to remove uses that the community felt were not cohesive with residential use. Permitted uses that are proposed to be removed site-specific from the Institutional Zone include: - Community Care Facilities - Group Care Facilities - Recycling Depot These uses were specifically mentioned by community members as uses which they were opposed to should the proposed daycare facility cease operations. In conversation with community members, staff found that they were not necessarily opposed to use of the property as a day care, but rather the potential traffic impacts and change of use that could occur should the property change ownership. Planning staff recommends that the Board give the application First and Second readings and proceed with a Public Hearing in order to enable further input from public and provincial agencies. OPTIONS Option 1: 1. THAT Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 being a bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 2. That RDCK Zoning Amendment Bylaw No.2628, 2018 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 3. FURTHER in accordance with Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015, that Electoral Area I Director Andy Davidoff is hereby delegated the authority to chair the Public Hearing on behalf of the Regional District Board. Option 2: 1. THAT no further action be taken with respect to Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 being a bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, THAT no further action be taken with respect to RDCK Zoning Amendment Bylaw No.2628, 2018 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004.

13 ELECTORAL AREA I LAND USE AMENDMENT BYLAW NO. 2628, 2018 / KOOTENAY COLUMBIA RIVERS OCP AMENDMENT BYLAW NO. 2627, 2018 July 18 th, 2018 Page 6 Option 3: 1. THAT further consideration of Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 being a bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 be REFERRED to a future meeting of the Rural Affairs Committee. 2. THAT further consideration of RDCK Zoning Amendment Bylaw No.2628, 2018 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004 be REFERRED to a future meeting of the Rural Affairs Committee. SECTION 5: RECOMMENDATION(S) 1. THAT Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 being a bylaw to amend Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 2. That RDCK Zoning Amendment Bylaw No.2628, 2018 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004 is hereby given FIRST and SECOND reading and referred to a PUBLIC HEARING. 3. FURTHER in accordance with Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015, that Electoral Area I Director Andy Davidoff is hereby delegated the authority to chair the Public Hearing on behalf of the Regional District Board. Respectfully submitted, Signature: Name: Darcy Roszell, Planner CONCURRENCE Planning Manager General Manager of Development Services Chief Administrative Officer Initials: ATTACHMENTS: Attachment A Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2627, 2018 Attachment B RDCK Zoning Amendment Bylaw No.2628, 2018 Attachment C Petition