Post on 14-Jan-2020
transcript
PH-1
Printed April 11, 2017
Public Hearing Information Package
April 24, 2017 at 7:00 pm
Sooke Council Chamber 2225 Otter Point Road, Sooke, BC
7000 Melrick Place
Proposed Bylaw: Bylaw No. 663, Zoning Amendment Bylaw (600-35)
Zoning Amendment: The purpose of Bylaw No. 663, Sooke Zoning Bylaw (600-35) is to rezone 7000 Melrick Place, the lot on the north side of Brailsford Place, from “Rural (RU2)” to “Rural Residential (RU4)”. The RU4 zone will permit a subdivision with a minimum lot size of 1 hectare (2.5 acres).
Information Package Contents: Page # 1.
Notice of Public Hearing published in the Sooke News Mirror April 12, 2017 and April 19, 2017.
1
2.
Bylaw No. 663, Zoning Amendment Bylaw No. 663 (600-35), at 2nd reading.
3
3.
Council resolution, dated March 27, 2017.
5
4.
Staff Report to Council, dated March 27, 2017.
• Report cover • Application summary • Summary of Referral Comments • Subject Property Maps • RU4 – Schedule 104 (Rural Residential) • Draft Bylaw No. 663
7
Please note that written and verbal submissions will become part of the public record.
NOTICE OF PUBLIC HEARINGThe Council of the District of Sooke will hold a Public Hearing pursuant to the provisions of the Local Government Act in the Council Chambers at 2225 Otter Point Road, Sooke, BC on Monday, April 24, 2017 commencing at 7:00 pm.
2205 Otter Point Road, SookePhone: 250-642-1634 Fax: 250-642-0541
email: info@sooke.cawebsite: www.sooke.ca
Application Information:
Bylaw: Bylaw No. 663, Zoning Amendment Bylaw (600-35)
File No: PLN01293Civic Address: 7000 Melrick Place (shown outlined in black
and hatched on the subject map)Legal Description: Lot A, Section 21, Sooke District, Plan
VIP57007Applicant(s): Westbrook Consulting, Ian Laing,
Michael Volk
Proposal: The purpose of Bylaw No. 663, Zoning Amendment Bylaw (600-35) is to rezone 7000 Melrick Place, the lot on the north side of Brailsford Place, from “Rural (RU2)” to “Rural Residential (RU4)”. The RU4 zone will permit a subdivision with a minimum lot size of 1 hectare (2.5 acres).
Further Information:
Copies of the bylaw(s), supporting written reports and any relevant background documentation may be viewed in the “Public Notices” section of the District of Sooke website www.sooke.ca or inspected at the District Municipal Offices at 2205 Otter Point Road, Sooke, BC, between the hours of 8:30 am and 4:30 pm, Monday to Friday (excluding statutory holidays) commencing April 12, 2017 to and including April 24, 2017.
Public Input: All persons who believe their interests in property are affected by the proposed bylaw(s) will be afforded an opportunity to be heard at the Public Hearing on the matters contained in the proposed bylaw(s). Should you have any concerns or comments you wish to convey to Council, please submit in writing by fax to 250-642-0541, email publichearing@sooke.ca or in person to the Corporate Officer at the District Municipal Offices no later than Monday, April 24, 2017 at 12:00 pm. Please be advised that submissions to Council will become part of the public record and are subject to disclosure under the Freedom of Information and Protection of Privacy Act (FOIPPA)
NOTE: Council cannot receive further information concerning this application after the Public Hearing has concluded.
Patti Rear Acting Corporate Services
Page 1 of 16
Page 2 of 16
DISTRICT OF SOOKE ZONING AMENDMENT
BYLAW NO. 663
A bylaw to amend Bylaw No. 600, Sooke Zoning Bylaw, 2013 for the purpose of amending the zoning on the property located at 7000 Melrick to Rural Residential
Zone (RU4). The Council of the District of Sooke, in open meeting assembled, enacts as follows: 1. This Bylaw is cited as Zoning Amendment Bylaw No. 663 (600-35). 2. The parcel of land legally described as Lot A, Section 21, Sooke District,
Plan VIP57007 as shown boldly outlined and hatched on Schedule A, which is affixed to and forms part of this Bylaw, is hereby rezoned from Rural Zone (RU2) to Rural Residential Zone (RU4).
3. Bylaw No. 600, Sooke Zoning Bylaw, 2013 as amended, and Schedule A
attached threreto, are amended accordingly. READ a FIRST and SECOND time the 27 day of March, 2017. PUBLIC HEARING held the __day of ____, 20__. READ a THIRD time the __day of ____, 20__. ADOPTED the __day of ____, 20__.
Certified by:
_________________________ __________________________ Maja Tait Patti Rear Mayor Acting Corporate Officer
Page 3 of 16
SCHEDULE A
Page 4 of 16
Minutes for the Regular Council Meeting of the District of Sooke - March 27, 2017
6. BYLAWS
6.2. 7000 Melrick Place - Rezoning
The Planning department provided a PowerPoint presentation and an overview of the written staff report. 2017-108 MOVED by Councillor Reay, seconded by Councillor Pearson: THAT COUNCIL give first reading to Bylaw No. 663, Zoning Amendment Bylaw (600-35) to rezone 7000 Melrick Place from Rural (RU2) to Rural Residential (RU4).
CARRIED.In Favour: Mayor Tait, Councillor Berger, Councillor Kasper, Councillor Pearson, Councillor Reay Absent: Councillor Logins, Councillor Parkinson 2017-109 MOVED by Councillor Reay, seconded by Councillor Kasper: THAT Bylaw No. 663, Zoning Amendment Bylaw (600-35) be Read a Second time.
CARRIED.In Favour: Mayor Tait, Councillor Berger, Councillor Kasper, Councillor Pearson, Councillor Reay Absent: Councillor Logins, Councillor Parkinson 2017-110 MOVED by Councillor Reay, seconded by Councillor Pearson: THAT a Public Hearing be scheduled for Bylaw No. 663 in accordance with section 466 of the Local Government Act.
CARRIED.In Favour: Mayor Tait, Councillor Berger, Councillor Kasper, Councillor Pearson, Councillor Reay Absent: Councillor Logins, Councillor Parkinson
Page 5 of 16
Page 6 of 16
7000 Melrick Place - Rezoning RECOMMENDATION: THAT COUNCIL give first reading to Bylaw No. 663, Zoning Amendment Bylaw (600-35) to rezone 7000 Melrick Place from Rural (RU2) to Rural Residential (RU4) and; THAT Bylaw No. 663, Zoning Amendment Bylaw (600-35) be Read a Second time; AND THAT a Public Hearing be scheduled for Bylaw No. 663 in accordance with section 466 of the Local Government Act. Report Summary: The applicant has applied to rezone 7000 Melrick Place, the lot on the north side of Brailsford Place, from Rural (RU2) to Rural Residential (RU4) with the intent to subdivide +/- 1.71 hectares for the purposes of maintaining the owners existing home site. Report: The owners of 7000 Melrick are not able to meet the 2 hectare minimum lot size for subdivision in the current RU2 zone which is why an application to rezone to RU4 was submitted. The RU4 zone permits a minimum lot size of 1 hectare for lots outside the sewer specified area (SSA). Since this property will be maintaining a rural zone, it is not mandatory for the owner to apply to be included into the SSA. In February 2017, the owner provided road dedication to facilitate the extension of Brailsford Place. A subsequent subdivision application was approved separating the property at the new Brailsford road dedication. The parent property (7000 Melrick) remains north of the Brailsford extension and will continue to access the property through the newly created lot south of Brailsford Place (7004 Melrick) until the owners of 7004 Melrick Place complete construction of the Brailsford Place road extension. Once that road construction is complete, the owners of 7000 Melrick Place will be able to access their property from Brailsford Place. 7000 Melrick Place is designated as Community Residential by the Official Community Plan, 2010 (OCP) and the rezoning application is consistent with the Plan. There have been no objections received from referral agencies or staff to the rezoning proposal. Legal Impacts: Staff are not aware of any legal impacts.
Page 7 of 16
Budget/Financial Impacts: As this rezoning proposal is for less than five dwelling units, it is exempt from the Community Amenity Contribution Policy. Strategic Relevance: This proposal is consistent with the 2016 Strategic Plan. Attached Documents: Application Summary 7000 Melrick RZ Summary of Referral Comments PLN01293 7000 Melrick subject property maps RU4 zone draft zoning amendment bylaw 663
Page 8 of 16
Application Summary
Address 7000 Melrick Place Legal Lot A, Section 21, Sooke District, Plan VIP57007 Existing Zoning Rural (RU2) Proposed Zoning Rural Residential (RU4) Existing OCP Community Residential Proposed OCP n/a Parcel Size +/- 3.25 ha = 8.03 ac Services Water: CRD Water
Sewer: On-site Drainage: On-site
Adjacent Land Uses
North: Rural South: Brailsford Place East: Beaton Road Residential Comprehensive Development Zone West: Spiritwood Estates Comprehensive Development Zone
Page 9 of 16
Summary of Referral Agency Comments [originals are in the file)
SUMMARY OF COMMENTS RECEIVED IN RESPONSE TO DISTRICT OF SOOKE REFERRAL
EXTERNAL REFERRALS
Agency Comments
BC Hydro No concerns
Ministry of Transportation and Infrastructure
Property is located beyond 800m from a Ministry road (Highway 14) so the property is outside of the controlled area of Highway 14.
Canada Post No response
BC Transit No response
Beecher Bay No issues. Should there be any archaeological finds that protocol be followed and that T’Souke Nation be contacted.
CRD Water Community piped water can be supplied to this proposed development provided the owner is prepared to pay the necessary costs and fees as authorized under CRD Bylaw No. 3889 for the supply and installation of a water distribution system capable of meeting all domestic and fire flow requirements, designed in accordance with CRD specifications and standard drawings. The remaining requirements/comments are in the file and a copy has been provided to the applicant.
CRD JdFEA N/A
SEAPARC No response
T’souke Nation No response
VIHA No objections
Archeological Branch According to Provincial records there are no known archaeological sites recorded on the subject property. However, archaeological potential modeling for the area indicates there is the possibility for unknown/unrecorded archaeological sites to exist on the property. In the absence of a confirmed archaeological site, the Archaeology Branch cannot require the proponent to conduct an archaeological study or obtain a permit prior to development. In this instance it is a risk management decision for the proponent. If any land‐altering development is planned and proponents choose not to contact an archaeologist prior to development, owners and operators should be notified that if an archaeological site is encountered during development, activities must be halted and the Archaeology Branch contacted at 250‐953‐3334 for direction. If an archaeological site is encountered during development and the appropriate permits are not in place, proponents will be in contravention of the Heritage Conservation Act and likely experience development delays while the appropriate permits are obtained.
RCMP No concerns
School District #62 No concerns
Fortis BC No objections or concerns.
Shaw Cable No response
Telus No concerns.
Building No concerns at this time. Will review again at time of subdivision.
Fire Ensure access to property is suitable.
Engineering No concerns at this time.
Environmental No concerns
Page 10 of 16
#112
#503
7001
#123
2379
6980
#201
6967
2241
2336
2155
2200
6982#403
2348
6995
7059
2372
2225
2258
#118
2387
6970
2258
2234
2211
2241
6978
2355
6979
2343
#101
2363
21652174
2375
69906965
#116
6997
6985
2204
2391
7047
2254
#401
6984
22332241
2344
6975
#703
2253
2229
6994
2233
2368
2215
6998
6964
2383
#122
#202
2339
#301
7071
7076
6980
6988
7053
#603
2250
#501
6984
2356
2371
6987
6981
2245
2221
6989
6959
#120
6974
#302
2195
2249
7070
2214
7063
#701
2245
2364
#114
#601
6985
2253
2170
6967
6999
2376
6986
6971
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6991
7058
7004
2257
2246
7048
6992
2208
#121
#402
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2351
#126
2205
2335
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#124
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6962
#102
2395
7062
2224
7000
#303
6995
2347
#702
2249
7044
6985A
6985B
7004
7000
Access to 7000 Melrick Place
MOUNTAIN
HEIGH
TSDR
IVE
BRAILSFORD PLACE
MAPLEAVENUE
NORTH
7
1
47
4
11
3
16
4442
9 8 2
2
1CP
N
H2
E
6B
6
10917 18 19 20
5C
1314 A
1715
4 DG3
F11
2812
105
38
4041
45
1716
1 CP
A
7473
7271
688081 6382 6283 6184 60
85 64 65
75
18
Park
CP
PT 2
SEC 38
B
21
REM A
659
5887 57
43
CP
39
1
PT SEC 21
ParkCP
A
Rem A
0 40 80 120 160 200Metres
File: PLN01293SUBJECT PROPERTY MAP
Subject Area´
Page 11 of 16
#503
7001
2379
6980
#201
6967
2241
2336
2155
2200
6982#403
2348
6995
7059
2372
2225
2258
2399
#118
2387
6970
2258
2234
2211
2241
6978
2355
6979
2343
#101
2363
21652174
2375
69906965
#116
6997
6985
2204
2391
7047
2254
#401
6984
2241
2233
2344
6975
#703
2253
2229
6994
2233
2368
2215
6998
6964
2383
#122
#202
2339
#301
7076
6980
6988
7053
#603
2250
#501
6984
2356
23716987
6981
2245
2221
6989
6959
#120
6974
#302
2195
2249
7070
2214
7063
#701
2245
2364
#601
6985
2253
2170
6967
6999
2376
6986
6971
6991
7058
2257
2246
7048
6992
2208
#402
6966
2351
#126
2205
2335
2231
2233
6983
2160
6993
2231
23676990
6968
#124
2237
7052
7074
2384
#203
69682262
6972
6996
2352
2185
#602
6975
2340
2332
7049
2201
#502
6971
2360
21752178
6998
#125
6994
2237
6963
6962
#102
2395
7062
2224
#303
6995
2347
#702
2249
7044
6985A
7004
7000
Access to 7000 Melrick Place
MOUNTAIN HEIGHTS
DRIVE
BRAILSFORD PLACEMAPLEAVENUE
NORTH
7
1
47
4
11
3
16
4442
9 82
2
1CPN
H2E
6B
6
1017 18 19 20
5C
1314 A
1715
4D
G3F
11
2812
105
38
4041
1716
1
7473
7271
81 6382 6283 6184 60 64 65
75
Park
CP
SEC 38
B
21
REM A
659
43
CP
39
1
PT SEC 21
ParkCP
A
Rem A
0 40 80 120 160 200Metres
File: PLN01293SUBJECT PROPERTY MAP
Subject Area´
Page 12 of 16
District of Sooke Bylaw No. 600 UNOFFICIALLY CONSOLIDATED January 23, 2017Sooke Zoning Bylaw, 2013 Page 57 of 196
Schedule 104 – Rural Residential (RU4)
Rural Residential
104.1 Purpose: This zone applies to those lots that are rural in nature, intended for residential purposes, and are not within the Sewer Specified Area of the District of Sooke.
104.2 Permitted Uses:
Principal Uses:
a) Agricultureb) Single family dwelling or
one duplex per lot
Accessory Uses:
d) Bed and breakfaste) Boarding and lodginge) Home-based businessf) One secondary suite or one
small suite on a lot with a single family dwelling
g) Vacation accommodation unit
104.3 Minimum Lot Size for Subdivision Purposes:
a) Outside the Sewer Specified Area: 1 ha
b) Inside the Sewer Specified Area: 1000 m2 providing the parent parcel at the time of joining the Sewer Specified Area is 5000m2
or less in area.
104.4 Minimum Width for Subdivision Purposes: 15 m (amended by Bylaw No. 583 adopted February 11, 2014)
104.5 Maximum Height:
a) Principal Buildings: 12 mb) Accessory Buildings: 9 m
104.6 Maximum Lot Coverage:
a) 30%b) Where Agricultural production is carried out in greenhouses, the
maximum lot coverage is 75%.
RU4
Page 13 of 16
District of Sooke Bylaw No. 600 UNOFFICIALLY CONSOLIDATED January 23, 2017Sooke Zoning Bylaw, 2013 Page 58 of 196
Schedule 104 – Rural Residential (RU4)
104.7 Minimum Setbacks for Lots Over 1000 m2 in Area:
Use Front Lot Line
Flanking Lot Line
Side Lot Line
Rear Lot Line
Lane Lot Line
Principal Building or Structure
7.5 m 4.5 m 3 m 4.5 m 4.5 m
Accessory Building or Structure
7.5 m 4.5 m 3 m 4.5 m 0 m
Farm Buildingor Structure
10 m 10 m 10 m 10 m 0 m
Minimum Setbacks for Lots 1000 m2 or Less in Area:
Use Front Lot Line
Flanking Lot Line
Side Lot Line
Rear Lot Line
Lane Lot Line
Principal Building or Structure
4.5 m - house portion; 6 m
garage/carport portion
3 m 1.2 m 4 m 4 m
Accessory Building or Structure
7.5 m 4.5 m 1.2 m 1.2 m 0 m
Farm Building or Structure
10 m 10 m 10 m 10 m 0 m
104.8 Conditions of Use:a) Agriculture only permitted beyond 30 m from a watercourse.b) Septic systems for each lot must be determined by and installed in
accordance with the requirements of the appropriate approval authority.
Please be aware that the District of Sooke Stage 2 (Sanitary) Liquid Waste Management Plan, October 2005 contains soils mapping showing those areas outside the Sewer Specified Area which are well-suited to lot sizes of less than one hectare as well as other important information regarding subdivision outside of the Sewer Specified Area. Copies of this report can be viewed at the District’s offices or on the District’s website at: www.sooke.ca The information in the report is general in nature and a site specific analysis will be required as part of any rezoning application. This italicized paragraph is not part of Bylaw No. 600 and has only been provided for the convenience of the reader.
Page 14 of 16
DISTRICT OF SOOKE ZONING AMENDMENT
BYLAW NO. 663
A bylaw to amend Bylaw No. 600, Sooke Zoning Bylaw, 2013 for the purpose of amending the zoning on the property located at 7000 Melrick to Rural Residential
Zone (RU4). The Council of the District of Sooke, in open meeting assembled, enacts as follows: 1. This Bylaw is cited as Zoning Amendment Bylaw No. 663 (600-35). 2. The parcel of land legally described as Lot A, Section 21, Sooke District,
Plan VIP57007 as shown boldly outlined and hatched on Schedule A, which is affixed to and forms part of this Bylaw, is hereby rezoned from Rural Zone (RU2) to Rural Residential Zone (RU4).
3. Bylaw No. 600, Sooke Zoning Bylaw, 2013 as amended, and Schedule A
attached threreto, are amended accordingly. READ a FIRST and SECOND time the __day of ____, 20__. PUBLIC HEARING held the __day of ____, 20__. READ a THIRD time the __day of ____, 20__. ADOPTED the __day of ____, 20__.
Certified by:
_________________________ __________________________ Maja Tait Gabryel Joseph Mayor Corporate Officer
Page 15 of 16
District of Sooke Bylaw No. 663 Zoning Amendment Bylaw (600-35)
Page 2 of 2 SCHEDULE A
Page 16 of 16