[0:04] in the spring of 2021 the rural municipality of west river began

[0:08] preparing its first official plan in land use bylaw

[0:11] this presentation provides an overview of the latest versions of the official

[0:15] plan and bylaw based on public feedback from previous meetings and a review of

[0:19] the drafting as well as the remaining steps in this

[0:21] process for today i will give you an overview of

[0:24] the timeline and process and then we will get into the zoning

[0:27] framework present the zoning map and provide some key highlights ending with

[0:32] next steps in the process

[0:36] land use planning is the process of determining how a community wants to

[0:40] develop over time including what to protect and what changes to promote and

[0:43] then figuring out the policies and standards needed to achieve that

[0:48] since the public meeting in open house earlier this year the consulting team

[0:51] has taken what we heard from the public and prepared new versions of the draft

[0:54] documents importantly the process is about finding

[0:58] the balance between individual interests for their own property and broader

[1:01] long-term interests of the community as a whole

[1:08] this slide illustrates the types of planning tools available to the

[1:11] municipality the official plan sets out the vision for the community 15 years

[1:16] into the future as well as the policies goals and objectives that guide decision

[1:20] making over time every five years the official plan is

[1:23] reviewed to make sure the content is current and meeting community

[1:26] expectations the land use bylaw sets out the

[1:29] standards that put those goals and objectives and the community vision into

[1:33] action in other words the day-to-day rules about how land is protected and

[1:37] developed the zoning map shows the precise

[1:40] location for where different categories of land uses are permitted throughout

[1:43] the municipality

[1:53] as this is the rural municipality of west river's first official plan in land

[1:56] use bylaw the planning process here begins with the development of the plan

[2:00] and bylaw following their adoption the planning

[2:03] cycle involves implementation applying the policies and standards to

[2:06] applications for development and making amendments over time where appropriate

[2:11] every five years a review of the plan and bylaw begins the planning cycle over

[2:15] again

[2:21] since the summer of 2021 a series of public engagement sessions have been

[2:25] held following the additional april open

[2:27] house the consulting team has taken the latest round of feedback from the public

[2:31] and prepared another set of draft documents which were shared on september

[2:34] 3rd

[2:38] this slide illustrates the public sessions and touch points the team has

[2:41] undertaken over the course of the project

[2:44] in addition the project website the municipalities website and social media

[2:48] has been used to share information with the public

[2:50] residents were invited to reach out to the municipality for additional ways to

[2:54] access the relevant information particularly where internet access is a

[2:57] challenge in march the municipality also issued a

[3:00] mail out to all registered property owners within west river

[3:04] as we go through the following slides we will provide another overview of the

[3:07] proposed approach and highlight changes made as a result of the feedback at and

[3:11] following the april open house

[3:16] the following will outline the overall framework for the official plan in land

[3:20] use bylaw and we'll highlight the major changes since our last presentation if

[3:24] you would like to read the official plan and land use bylaw in detail or see more

[3:28] information on the revisions in the april drafts please visit plan rmwr.ca

[3:33] or westriverpe.ca for links to the various

[3:36] documents

[3:41] we have drawn upon the council's vision statement for the municipality to create

[3:44] this community vision statement to guide decisions related to land use policy in

[3:49] describing the west river of 2037 we are seeking to establish standards that

[3:53] balance individual use of land and meeting the needs of residents and

[3:56] property owners with the public interest of protecting the resource-based and

[4:00] rural nature of the community and the environment

[4:03] the community vision then is that the rural municipality of west river of 2037

[4:08] is a rural environment supporting farming fishing and recreational

[4:12] activities with beautiful vistas in all directions built by our community

[4:16] working together the official plan outlines a range of

[4:20] goals covering economic physical social and environmental priorities

[4:25] the approach laid out in the plan focuses on protecting the valued

[4:28] community character directing uses to specific areas in order to limit

[4:32] conflicts providing opportunities for public

[4:34] discussion on more significant development balancing flexibility with

[4:38] shared interests and promoting safety in the protection of the environment life

[4:42] and property further the official plan considers

[4:46] certain potentially more contentious uses through site-specific amendments a

[4:50] process that includes public engagement importantly existing legal uses may

[4:54] continue even if the use is not a permitted use in the zone

[5:00] the rural municipality of west river is a predominantly rural community and the

[5:04] official plan sets out the creation of five zones to reflect this rural nature

[5:09] the five zones are rural area rural residential commercial industrial parks

[5:14] and recreation and the environmental risk zone we will discuss each of these

[5:18] their purpose and the permitted uses in the next few slides

[5:21] importantly there are some uses that will be permitted in all zones

[5:24] institutional uses for example community centers parks and open space uses such

[5:29] as trails parks and playgrounds farmgate sales to support the local rural economy

[5:34] and utility structures we have also employed site-specific uses

[5:38] as a tool to deal with those unique situations

[5:41] where a use may be appropriate on the lot but where the application should go

[5:44] through a public process to ensure the proposal is a good fit in the area i'll

[5:48] give you some examples as we go through when you look at the zoning and future

[5:54] land use maps for the community you'll see that the rural area array zone is

[5:58] the predominant zone throughout the municipality

[6:00] the focus of this zone is on primary resource industries and their activities

[6:04] agriculture fishing and forestry commercial activities related to

[6:08] resource uses are also permitted as are animal sanctuaries

[6:12] residential uses will continue to be common in this zone including both

[6:15] single detached as well as duplexes or semi-detached dwellings we've also

[6:20] included small-scale commercial that is not related to resource industries such

[6:24] as bakeries or certain tourism uses limited by lot size for new parcels

[6:30] accessory uses are those uses incidental to the main use and include the list

[6:34] here such as home-based businesses or small wind turbines for personal use

[6:39] dormitories are generally used for seasonal workers related to farming

[6:43] in terms of site-specific uses these are proposed developments that

[6:46] would have to go through a public process we have included

[6:49] resource-related industrial uses food processing plants

[6:53] intensive resource uses such as hog operations and excavation pits kennels

[6:57] and large wind and solar energy developments

[7:01] where these are listed as site specific in his own when such a development is

[7:04] proposed it would be up to council with input from the public to determine if it

[7:08] is to be permitted on the site in question

[7:12] the rural residential r zone is primarily for residential uses

[7:16] and this is where future multi-lot subdivisions would be directed

[7:19] permitted uses here are a range of housing types permitted based on meeting

[7:23] minimum standards for lot size and service capabilities on site

[7:28] accessory uses like home-based businesses sheds and garages and

[7:32] secondary suites are also permitted site-specific uses in this zone include

[7:36] clustered housing proposals such as vacant land condominiums or conservation

[7:41] subdivisions which involve small clustered residential lots on shared

[7:44] services with 50 percent of the land base being permanently maintained as

[7:48] open space these types of development are more

[7:51] intensive but still reflect the desire of the community to maintain that rural

[7:55] feel by protecting open space based on public feedback the rr zone was

[8:01] changed in the previous draft so that it now applies to existing residential lots

[8:05] of less than two acres while properties with residential uses of more than two

[8:09] acres would retain the ra zoning any proposals for new rural residential

[8:14] developments would have to go through a public rezoning process

[8:20] the commercial industrial ci zone includes properties that are currently

[8:24] being used for commercial or industrial activities

[8:27] we have not pre-zoned any vacant lands to permit this type of activity

[8:31] as such any new commercial or industrial use that is being considered and is not

[8:35] already permitted in the rural area zone must go through the public process of a

[8:39] zoning amendment permitted uses are listed in this table

[8:43] and include a range of commercial activities and residential uses as well

[8:47] as some specific uses that tend to be less common or more controversial in

[8:51] other zones light industrial uses include such

[8:54] things as warehousing and manufacturing that do not involve excessive noise

[8:58] smell or light or other activities that are unlikely to create conflicts with

[9:02] neighboring uses accessory uses are similar to other

[9:05] zones cannabis operations or heavier industrial uses are required to go

[9:10] through the site-specific amendment process which again involves public

[9:13] consultation the change for these zones from previous

[9:17] drafts is the inclusion of wind energy in the list of permitted and

[9:20] site-specific uses they had been included previously in the

[9:24] ci zone in the schedule to the by-law setting at the standards for wind energy

[9:28] but not ex listed explicitly in the zone so they have been added here for clarity

[9:33] the parks and recreation pr zone was renamed in the previous draft from open

[9:38] space this zone covers those lands set aside

[9:41] for conservation or recreational activities

[9:44] as noted in the table permitted uses include historic and heritage uses

[9:48] trails pavilions recreation facilities and sports fields

[9:52] these lands can be held privately or publicly but are intended generally for

[9:56] public use and enjoyment without profit or significant impact on the land base

[10:01] a golf course is considered a commercial use because of the intensive nature of

[10:04] the operation and because it's intended to generate income for private use

[10:08] the disc golf course is more of a recreational activity which is less

[10:11] intensive in nature accessory uses include buildings and concession stands

[10:16] administration offices and parking facilities

[10:20] the environmental risk er zone is a protective zone that is concerned with

[10:24] the protection of the environment the safety of people and the viability of

[10:28] structures in flood risk areas areas subject to erosion and on contaminated

[10:32] sites it is a protective measure for

[10:34] cornwall's welfield which is partially located within the municipality

[10:39] it also includes buffers along wetlands watercourses and coastal areas the

[10:43] proposed buffer of 60 meters along the upper west river to protect a salmon

[10:47] spawning area was removed in the previous draft as a result of comments

[10:51] from the community permitted uses vary by what the

[10:54] development constraint is with the ultimate goal being the protection of

[10:58] the environment and people in areas that could become or include hazards

[11:02] as we will discuss shortly the flood risk rules have been modified slightly

[11:06] to address certain properties that might become incapable of being developed as a

[11:10] result of the flood risk setbacks as just mentioned there are several

[11:14] types of development constraints captured in the environmental risk zone

[11:17] and each type of constraint will be treated slightly differently

[11:21] you can see examples in the slide images where the er zone includes the cornwall

[11:25] whale field at the top watercourses wetlands and their buffers and the

[11:28] projected flood risk for the year 2100 this flood risk area is based on new

[11:33] provincial data that looks at a combination of erosion sea level rise

[11:36] and storm surge factors the following slides illustrate how the

[11:41] er zone works in terms of buffers and setbacks from environmental hazards

[11:46] as shown here the er zone is a 15 meter buffer from the edge of a watercourse or

[11:50] wetland in the case of a coastal property

[11:52] building setbacks would either be 15 meters plus the zone setback or 60 times

[11:57] the annual rate of erosion whichever is greater

[12:00] these reflect provincial standards across the island where we have included

[12:04] the er zone plus the building setback provincial rules have a standard setback

[12:08] of 75 feet or 22.9 meters for all buildings but the results are largely

[12:12] the same there is also a vertical buffer for any

[12:16] proposed development below a minimum elevation based on future flood risks

[12:20] identified by the province depending on the grade of the land from

[12:24] the coastline the horizontal buffers established through the er zone and the

[12:28] required building setbacks in specific zones the placement of new buildings

[12:32] below a certain elevation may also be restricted

[12:35] this restriction is important for protecting against the potential hazards

[12:39] and risks to safety associated with erosion sea level rise and storm surges

[12:44] as well as damage to property if the flood risk area on a coastal

[12:48] property does not extend past the standard 15 meter buffer the er zone

[12:52] stops at the 15 meter buffer

[12:56] where there are flood risk constraints there may be opportunity to engineer the

[12:59] site to raise the grade to meet the minimum elevation requirements as shown

[13:03] in the graphic on the right there are a range of reasons why the

[13:07] flood risk approach in the bylaw is important this approach protects life

[13:11] and safety during emergency events it protects against wells becoming

[13:14] contaminated and against compromised septic systems

[13:18] it also protects against property damage or loss

[13:22] the most significant change since the april open house is the development of

[13:25] an approach that recognizes that some properties may have a vested right to

[13:28] develop based on how those properties were originally approved

[13:33] in earlier engagement sessions there were requests to consider a waiver

[13:37] option in relation to existing lots that could not be developed as a result of

[13:40] the flood risk rules this request was considered again and

[13:44] while the general reasons for managing development in areas identified for

[13:48] flood risk over time remain valid it was recognized that in some cases depending

[13:53] on how a lot was originally approved there may be situations where the

[13:56] municipality should approve development for that originally approved use even

[14:00] where the property is of such a size or configuration as to make placing a

[14:04] building outside of the flood risk areas with all required setbacks difficult

[14:09] a legacy lands assessment policy has been developed to assist council with a

[14:12] case-by-case assessment of affected properties using a series of tests

[14:17] importantly this exception to the bylaw only applies where a lot could not

[14:21] otherwise be developed i'll explain the process in more detail on the following

[14:25] slides under the new policy and approach

[14:28] affected properties will be assessed on a case-by-case basis

[14:32] if a parcel is confirmed as a legacy land the permitted development is

[14:36] limited to the pre-approved use not other uses contemplated by the owner

[14:41] a grading plan would be required and the development would not be permitted to

[14:44] encroach into a buffer zone without provincial approval

[14:48] the development would be required to proceed with the least degree of

[14:51] non-compliance with the bylaw as possible

[14:54] assigned waiver will be involved and the property owner would be required to

[14:57] undertake a written assignment of the waiver to future owners so they are

[15:01] aware of the risk and the waiver if an existing non-conforming lot is not

[15:06] confirmed as a legacy land and can't be developed under bylaw requirements

[15:09] regarding flood risk areas it may be used for seasonal non-permanent uses

[15:14] subject to meeting requirements for waste water disposal

[15:17] as a reminder affected parcels may still be developed for permanent uses where

[15:22] the grade is raised we heard from the public and planning

[15:26] board that not all developments may be right for the community or for specific

[15:30] areas of the community another tool that is used in the land

[15:33] use bylaw is the site-specific amendment approach which is included in most zones

[15:38] using a site-specific amendment approach allows very specific uses on individual

[15:42] parcels of land through a public process for activities that have a greater risk

[15:46] of causing land use conflicts for adjoining properties or for the

[15:50] community as a whole without this process these specific uses

[15:54] would not otherwise be permitted or conformed to the bylaws

[15:57] application for site-specific uses go through a by-law amendment process which

[16:01] is public and approved at council's discretion

[16:04] appendix c on this slide is an example of how site-specific uses will be

[16:09] tracked in the by-law in this first by-law existing licensed

[16:12] excavation pits will be pre-identified while others will be added over time

[16:16] where site-specific amendments are approved

[16:19] the latest zoning map is largely the same as before with a few minor

[16:22] revisions these revisions include correcting a few parcels with the zoning

[16:26] wasn't quite right due to mapping errors as well several cemeteries that were

[16:30] identified have been changed from rr to ra

[16:35] aside from the permitted uses one of the key areas that define the different

[16:39] zones are the subdivision standards for each

[16:42] given that the goal in the ra zone is to protect primary resource uses a

[16:46] restricted number of new lots is permitted for each existing parcel

[16:50] specifically the creation of four new lots will be allowed with up to two of

[16:54] those lots being commercial the proposed minimum lot size of five

[16:58] acres was reduced to one acre in the previous draft in order to minimize

[17:02] large scale commercial is not appropriate to rural areas a two-acre

[17:05] maximum will be established for new commercial lots

[17:08] if more than four residential lots are desired then an application will have to

[17:12] be made to rezone the area as rural residential rr zone

[17:17] for the rr zone one acre lots are again required with smaller lots encouraged

[17:21] where central water and wastewater services are provided

[17:25] there's no limit on the number of lots in the rr zone assuming that they can be

[17:28] serviced and accessed new lots are also required to meet

[17:31] provincial regulations for lot size based on soil quality based on their

[17:35] ability to site wells and septic systems the ci zone rules limit the maximum lot

[17:41] size to two acres and there can be up to two commercial lots subdivided off a

[17:44] parent parcel again this limit is imposed to reduce

[17:47] the amount of commercial or industrial activity proposed in the region and to

[17:51] push very large activities into municipal business or industrial parks

[17:54] where they can be serviced and reduce conflict with neighboring uses

[17:58] there are no subdivision standards for lands in the park and recreation zone

[18:01] other than those required to accommodate on-site servicing

[18:06] as noted earlier home-based businesses are permitted in any zone where

[18:09] residential uses are permitted they have been defined to limit what is

[18:13] included in them so no auto sales or service operations auto body shops or

[18:17] car washes are included in the rural residential zone as these uses can be

[18:21] more intrusive small scale auto body shops as

[18:24] home-based businesses in the ra zone are one of those site-specific uses that may

[18:28] be permitted following a public meeting permitted home-based businesses do

[18:32] include short-term rentals and bed and breakfast operations

[18:36] for those larger subdivision proposals particularly those that fall within the

[18:40] rr zone the municipality would require 10 percent of the land to be put towards

[18:44] a parkland dedication when there are five or more lots if there isn't an

[18:49] appropriate area of land for recreation purposes council may take cash in lieu

[18:54] this land or cash and loot dedication must be for recreational uses such as

[18:57] parks natural areas trails or the like private roads are a significant issue

[19:02] for the municipality this map illustrates the network of both public

[19:06] and private roads with over 80 kilometers of roadways being privately

[19:10] held as many former cottage properties are

[19:13] being converted to year-round residences the official plan and land use bylaw do

[19:17] not differentiate between cottages and single detached dwellings

[19:20] for all intents and purposes those uses are the same from a regulatory point of

[19:24] view in the land use by-law proposed

[19:28] standards include the following no new or extensions to private roads and no

[19:32] new lots on existing private roads all new roads and extensions must be public

[19:36] meaning they are built to public standard and deeded to the province who

[19:39] then becomes responsible for maintaining those roads over time

[19:42] and the number of panhandle lots that may be permitted where providing

[19:46] frontage on a public road is a challenge was previously increased from one lot to

[19:49] two another unique feature for west river is

[19:53] the cornwall special planning area the spa which takes in the aries in green on

[19:57] the map the spa has three main objectives

[20:00] prioritize and protect resource uses minimize the potential for conflict

[20:04] between uses and limit unserviced development

[20:09] in the proposed approach the areas subject to the special planning area and

[20:12] those beyond are treated in essentially the same way this reflects the values

[20:16] expressed to us by the public throughout this process being the protection of the

[20:20] rural character and resource uses as well as the goal of bringing the various

[20:23] communities together under the umbrella of the new larger municipality

[20:27] here we have addressed the three required sba objectives through limiting

[20:31] the size and scale of new developments with on-site servicing limiting the

[20:34] overall number of lots in the rural area zone prioritizing resource uses with

[20:38] caveats on permits and addressing potential conflicts through the use of

[20:42] the site-specific amendment process one difference in this approach for

[20:47] areas under the spa will be the requirement for subdivisions of more

[20:50] than five lots in the spa to include shared services which must be municipal

[20:55] water or sewer or both in order to comply with the spa regulations

[20:59] other changes made since the last draft are generally drafting related although

[21:03] a few other changes were made in response to public feedback such as

[21:06] including permitting accessory structure in the front yard but still meeting

[21:10] minimum front yard setbacks other resources and information now

[21:15] available include a summary of revisions since the april open house the

[21:18] background report municipal profile and the watershed flood risk report

[21:23] these documents along with the latest draft official plan land use biola and

[21:27] proposed maps can be found at westriver pe.ca or plan rmwr.ca

[21:34] after a statutory public meeting only minor revisions are generally made based

[21:38] on public feedback following any final revisions the

[21:41] documents will be formally considered for adoption by planning board and

[21:44] council and sent to the province for ministerial approval

[21:48] as always there are multiple ways to engage in the discussion through the

[21:51] project or municipal websites by email or follow along through our social media

[21:55] accounts you can also reach the municipal office by phone

[21:59] comments are welcome until september 23rd at 4 pm

[22:04] thank you for following along we look forward to hearing from you

West River Statutory Meeting September 15, 2022

Transcript