Monday, June 18, 2018 at 7:00 pm

Transcription

1 Agenda for the 10:00 am Wednesday, June 6, 2018 Town of Qualicum Beach Special Council Meeting to be held in the Council Chambers, Municipal Office, 660 Primrose Street, Qualicum Beach, BC Page No ADOPTION OF THE AGENDA 2. STAFF REPORTS (1) Planning (Luke Sales, Director of Planning) 2-4 (a) Urban Containment Boundary / Regional Growth Boundary Implementation Options Staff Recommendation: THAT Council provides further clarity on the May 28, 2018 Council motion regarding the Urban Containment Boundary by directing staff to incorporate the following changes into Official Community Plan Bylaw No. 800, for consideration on June 18, 2018: Map Schedule 2.1 will be amended so that that the Growth Containment Boundary (as defined in the Regional Growth Strategy) and the municipal boundary are aligned. The Regional Context Statement will include the following clause: The Town will manage growth through an Urban Containment Boundary that is independent of the Growth Containment Boundary in the Regional Growth Strategy. 5-8 (b) Zoning Amendment: 210 First Avenue West Staff Recommendation: THAT the bylaw entitled Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999 Amendment (210 First Avenue West) Bylaw No , 2017 be adopted. THAT staff be authorized to issue Development Permit No for 210 First Avenue West based on the plans attached to the June 6, 2018 Planning Memo to Council. 3. ADJOURNMENT THAT Council adjourns the meeting. NEXT SCHEDULED REGULAR MEETING: Monday, June 18, 2018 at 7:00 pm Heather Svensen Corporate Administrator Page 1

2 Town of Qualicum Beach M E M O R A N D U M TO: Luke Sales, Director of Planning FOR: Special Council Meeting, June 6, 2018 FROM: Rebecca Augustyn, Special Projects Planner SUBJECT: Urban Containment Boundary / Regional Growth Containment Boundary Implementation Options RECOMMENDATION 1. THAT Council provides further clarity on the May 28, 2018 Council motion regarding the Urban Containment Boundary by directing staff to incorporate the following changes into Official Community Plan Bylaw No. 800, for consideration on June 18, 2018: o Map Schedule 2.1 will be amended so that that the Growth Containment Boundary (as defined in the Regional Growth Strategy) and the municipal boundary are aligned. o The Regional Context Statement will include the following clause: The Town will manage growth through an Urban Containment Boundary that is independent of the Growth Containment Boundary in the Regional Growth Strategy. PURPOSE To receive direction on which language to use to achieve the intent of the May 28 th, 2018 Council direction regarding the Urban Containment Boundary. BACKGROUND On May 28, 2018 Council adopted the following motion: THAT Council amends the 2018 Official Community Plan to align the Urban Containment Boundary with the municipal boundary; AND FURTHER THAT the Town provide a written request to the Regional District of Nanaimo that the Regional Growth Strategy be amended accordingly. Staff s understanding based on discussion at the meeting is that Council s intent is to simplify the decision-making process with regard to land-use issues within the Town and remove the regional district from the local planning process. Further, the intent was not to create new development potential or servicing obligations. Staff are presenting two language alternatives that will achieve the intent of the approved resolution. Staff recognize that there is a lot of misunderstanding about the two containment boundaries. For discussion purposes it is important to clarify the distinction between the Urban Containment Boundary and the Growth Containment Boundary. 1. The Urban Containment Boundary (UCB) is defined in the Town s Official Community Plan (OCP) and sets limits on the areas intended for urban development. The Town can amend its own Urban Containment Boundary, unless that change conflicts with the regional Growth Containment Boundary. 2. The Growth Containment Boundary (GCB) is defined by the Regional District of Nanaimo and also sets limits on the areas intended for urban development. The important distinction is that Page 2

3 Urban Containment Boundary / Regional Growth Containment Boundary Implementation Options June 6, 2018 Special Council Meeting changes to the Growth Containment Boundary require approval from the Regional District of Nanaimo. DISCUSSION There are two ways to implement Council s May 28, 2018 direction, and staff are seeking direction on the preferred option for Council. In either approach, the RDN would not play a role in future planning decisions in the Town of Qualicum Beach. Recommended Approach Amend the Growth Containment Boundary, as defined in the Regional Growth Strategy, to align with the municipal boundary. This would mean two changes: 1. Map Schedule 2.1 will be amended so that the Growth Containment Boundary (as defined in the Regional Growth Strategy) and the municipal boundary are aligned. 2. The Regional Context Statement will include the following clause: The Town will manage growth through an Urban Containment Boundary that is independent of the Growth Containment Boundary in the RGS. Alternative 1 Amend the Urban Containment Boundary to match the Town s boundary. This requires three key changes, but will create some internal conflicts within the OCP unless a new term is also introduced. 1. THAT Council clarifies the April 28, 2018 Council motion regarding the Urban Containment Boundary by directing staff to incorporate the following changes into Official Community Plan (OCP) Bylaw No. 800, for consideration on June 18, 2018: a. Map Schedule 2.1 will be amended to add a Municipal Services Area that aligns with the May 28 th, 2018 Urban Containment Boundary. b. Map Schedule 2.1 will be amended so that the Growth Containment Boundary (as defined in the Regional Growth Strategy), the Urban Containment Boundary (as defined by the Town in the Official Community Plan), and the municipal boundary are aligned. c. The Regional Context Statement will include the following clause: The Town will manage growth through a Municipal Services Area that is independent of the Growth Containment Boundary in the RGS. d. The term Urban Containment Boundary will be replaced by Municipal Services Area throughout the OCP. AND FURTHER THAT staff prepare updates to other municipal bylaws and policies to reflect the change in terminology from Urban Containment Boundary to Municipal Services Area to ensure that the change does not create unintended development potential or servicing obligations. Of the two approaches defined above, staff recommend the first. Amending the Growth Containment Boundary in the Regional Growth Strategy will not change any land use designations in the Official Community Plan nor will it create internal conflicts. It changes the process for land use changes within Town boundaries, but does not change any land use or servicing policies. In other words, what is currently not up for development remains untouched and does not gain new development opportunities. The drawback of this approach is that there will continue to be confusion around the two different containment boundaries. Page 3 2

4 Urban Containment Boundary / Regional Growth Containment Boundary Implementation Options June 6, 2018 Special Council Meeting Alternative 1 (changing both the Urban Containment Boundary and the Growth Containment Boundary) is simpler from the perspective that the two boundaries are aligned with the municipal boundary. However, it will create confusion about whether or not rural lands within the Town s Urban Containment Boundary are intended for future urban development. Alternative 2 is more likely to be misinterpreted to mean that more land is intended for development because it is within the urban containment boundary. If Council prefers this alternative, staff also recommend introducing a new Municipal Services Area that aligns with the current Urban Containment Boundary. Maintaining a Municipal Services Area will ensure that this change to the UCB does not result in unintended services obligations or development rights. In order to avoid creating internal conflicts within the OCP, this change in terminology from Urban Containment Boundary (UCB) to Municipal Services Area (MSA) would need to be made throughout the OCP, except where there is a reference to the Regional Growth Strategy. SUMMARY There are two ways to implement Council s April 28, 2018 direction, and staff are seeking direction on the preferred option for Council. In either approach, the RDN would not play a role in future planning decisions in the Town of Qualicum Beach. ALTERNATIVES 2. THAT Council clarifies the April 28, 2018 Council motion regarding the Urban Containment Boundary by directing staff to incorporate the following changes into Official Community Plan Bylaw No. 800, for consideration on June 18, 2018: a. Map Schedule 2.1 will be amended to add a Municipal Services Area that aligns with the May 28 th, 2018 Urban Containment Boundary. b. Map Schedule 2.1 will be amended so that the Growth Containment Boundary (as defined in the Regional Growth Strategy), the Urban Containment Boundary (as defined by the Town in the Official Community Plan), and the municipal boundary are aligned. c. The Regional Context Statement will include the following clause: The Town will manage growth through a Municipal Services Area that is independent of the Growth Containment Boundary in the RGS. AND FURTHER THAT staff prepare updates to other municipal bylaws and policies to reflect the change in terminology from Urban Containment Boundary to Municipal Services Area to ensure that the change does not create development potential or servicing obligations. 3. THAT Council provides alternative direction to staff. Rebecca Augustyn Special Projects Planner Report Writer Luke Sales, MCIP, RPP Director of Planning Concurrence Daniel Sailland CAO Concurrence N:\ ADMINISTRATION\0360 COMMITTEES AND COMMISSIONS\Council\2018\06 06 special Council agenda\memo.ucb GCB Options.June docx 3 Page 4

5 Town of Qualicum Beach M E M O R A N D U M TO: Luke Sales, Director of Planning FOR: Special Council Meeting, June 6, 2018 FROM: Rebecca Augustyn, Special Projects Planner SUBJECT: Zoning Amendment: 210 First Avenue West RECOMMENDATION THAT the bylaw entitled Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999 Amendment (210 First Avenue West) Bylaw No , 2017 be adopted. THAT staff be authorized to issue Development Permit No for 210 First Avenue West based on the plans attached to the June 6, 2018 Planning Memo to Council. PURPOSE To consider issuance of a Development Permit and adoption of a zoning amendment bylaw for 210 First Avenue West. BACKGROUND The Town has given three readings to a zoning amendment bylaw for 210 First Avenue West to permit a mixed-use development with 15 residential units and 3 commercial units. The required S. 219 Form and Character Covenant has been registered and the works and services agreement has been signed. The zoning amendment bylaw can now be adopted and the Development Permit can be issued at this time. DISCUSSION An application has been made for 210 First Avenue West to permit a mixed-use development with 15 residential units and 3 commercial units. The application received first reading on May 1, 2017, second reading on December 11, 2017, third reading on January 8, 2018, with a public hearing on January 8, The application went before the Advisory Planning Commission on May 17, 2017 and November 15, LAND USE Zoning: The Commercial 4 zone permits commercial uses and accessory dwelling units. Accessory Dwelling Unit is defined in the Town s Land Use & Subdivision Bylaw 580, 1999 as not being located on the ground floor of the building. Three of the ground floor units, located along the south end of the building, are residential and required an exception to this requirement. Density: The OCP designates the parcel as Commercial Residential under the Village Neighbourhood. The proposed development is within the density specified for Commercial Residential. Height: The building height is 10.0m, which is the maximum height permitted under the C4 zone. Setbacks: The proposed development meets the C4 zone setbacks. Page 5

6 210 First Avenue West June 6, 2018 Special Council Meeting Parcel Coverage: The proposed development has a parcel coverage of 36%, which is within the 75% maximum. Parking: The proposed development meets the residential parking requirements but does not meeting the commercial parking requirements by 1.75 parking spaces. Cash-in-lieu of parking will be paid to the Town when the building permit is issued. SUMMARY The Town has received a revised application to amend the zoning for 210 First Avenue West to a permit a mixed-use development with 15 residential units and 3 commercial units. The required S. 219 Form and Character Covenant has been registered and the works and services agreement has been signed. The zoning amendment bylaw can now be adopted and the Development Permit can be issued at this time. ALTERNATIVES 1. THAT Council refuses the development application for 210 First Avenue West; 2. THAT Council provides alternative direction to staff. Rebecca Augustyn Special Projects Planner Report Writer Luke Sales, MCIP, RPP Director of Planning Concurrence Daniel Sailland CAO Concurrence N:\ ADMINISTRATION\0360 COMMITTEES AND COMMISSIONS\Council\2018\06 06 regular Council agenda\memo.dp.210 First Ave W.June docx 2 Page 6

7 TOWN OF QUALICUM BEACH BYLAW NO A BYLAW TO AMEND THE TOWN OF QUALICUM BEACH LAND USE AND SUBDIVISION BYLAW NO. 580, 1999 The Council of the Town of Qualicum Beach, in open meeting lawfully assembled, hereby enacts as follows: The Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999 is hereby amended as follows: 1. Schedule 6A Zoning Map is hereby amended by changing the zoning designation of Lot A (DD E87476), Block 1, DL 78, Newcastle District (210 First Avenue West) from Commercial 1 Zone (C1) to Commercial 4 (C4) as shown outlined in a heavy black line on Schedule A which is attached to, and forms part of, this Bylaw. This bylaw may be cited as Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999, Amendment (210 First Avenue West) Bylaw No , INTRODUCED FOR FIRST READING this 1 st day of May, READ A SECOND TIME this 11 th day of December, Notice published pursuant to Section 466 of the Local Government Act on this 2 nd day of January, 2018 and this 4 th day of January, PUBLIC HEARING held on this 8 th day of January, READ A THIRD TIME this 8 th day of January, ADOPTED this day of, Mayor, Teunis Westbroek Corporate Administrator, Heather Svensen Page 7

8 Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999, Amendment (210 First Avenue West) Bylaw No , 2016 Schedule A Bylaw No Page 8