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in the spring of 2021 the rural
municipality of west river began

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preparing its first official plan in
land use bylaw

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this presentation provides an overview
of the latest versions of the official

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plan and bylaw based on public feedback
from previous meetings and a review of

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the drafting
as well as the remaining steps in this

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process
for today i will give you an overview of

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the timeline and process
and then we will get into the zoning

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framework present the zoning map and
provide some key highlights ending with

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next steps in the process

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land use planning is the process of
determining how a community wants to

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develop over time including what to
protect and what changes to promote and

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then figuring out the policies and
standards needed to achieve that

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since the public meeting in open house
earlier this year the consulting team

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has taken what we heard from the public
and prepared new versions of the draft

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documents
importantly the process is about finding

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the balance between individual interests
for their own property and broader

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long-term interests of the community as
a whole

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this slide illustrates the types of
planning tools available to the

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municipality the official plan sets out
the vision for the community 15 years

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into the future as well as the policies
goals and objectives that guide decision

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making over time
every five years the official plan is

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reviewed to make sure the content is
current and meeting community

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expectations
the land use bylaw sets out the

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standards that put those goals and
objectives and the community vision into

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action in other words the day-to-day
rules about how land is protected and

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developed
the zoning map shows the precise

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location for where different categories
of land uses are permitted throughout

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the municipality

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as this is the rural municipality of
west river's first official plan in land

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use bylaw the planning process here
begins with the development of the plan

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and bylaw
following their adoption the planning

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cycle involves implementation applying
the policies and standards to

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applications for development and making
amendments over time where appropriate

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every five years a review of the plan
and bylaw begins the planning cycle over

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again

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since the summer of 2021 a series of
public engagement sessions have been

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held
following the additional april open

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house the consulting team has taken the
latest round of feedback from the public

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and prepared another set of draft
documents which were shared on september

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3rd

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this slide illustrates the public
sessions and touch points the team has

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undertaken over the course of the
project

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in addition the project website the
municipalities website and social media

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has been used to share information with
the public

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residents were invited to reach out to
the municipality for additional ways to

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access the relevant information
particularly where internet access is a

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challenge
in march the municipality also issued a

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mail out to all registered property
owners within west river

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as we go through the following slides we
will provide another overview of the

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proposed approach and highlight changes
made as a result of the feedback at and

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following the april open house

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the following will outline the overall
framework for the official plan in land

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use bylaw and we'll highlight the major
changes since our last presentation if

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you would like to read the official plan
and land use bylaw in detail or see more

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information on the revisions in the
april drafts please visit plan rmwr.ca

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or
westriverpe.ca for links to the various

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documents

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we have drawn upon the council's vision
statement for the municipality to create

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this community vision statement to guide
decisions related to land use policy in

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describing the west river of 2037 we are
seeking to establish standards that

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balance individual use of land and
meeting the needs of residents and

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property owners with the public interest
of protecting the resource-based and

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rural nature of the community and the
environment

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the community vision then is that the
rural municipality of west river of 2037

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is a rural environment supporting
farming fishing and recreational

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activities with beautiful vistas in all
directions built by our community

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working together
the official plan outlines a range of

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goals covering economic physical social
and environmental priorities

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the approach laid out in the plan
focuses on protecting the valued

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community character directing uses to
specific areas in order to limit

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conflicts
providing opportunities for public

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discussion on more significant
development balancing flexibility with

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shared interests and promoting safety in
the protection of the environment life

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and property
further the official plan considers

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certain potentially more contentious
uses through site-specific amendments a

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process that includes public engagement
importantly existing legal uses may

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continue even if the use is not a
permitted use in the zone

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the rural municipality of west river is
a predominantly rural community and the

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official plan sets out the creation of
five zones to reflect this rural nature

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the five zones are rural area rural
residential commercial industrial parks

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and recreation and the environmental
risk zone we will discuss each of these

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their purpose and the permitted uses in
the next few slides

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importantly there are some uses that
will be permitted in all zones

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institutional uses for example community
centers parks and open space uses such

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as trails parks and playgrounds farmgate
sales to support the local rural economy

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and utility structures
we have also employed site-specific uses

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as a tool to deal with those unique
situations

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where a use may be appropriate on the
lot but where the application should go

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through a public process to ensure the
proposal is a good fit in the area i'll

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give you some examples as we go through
when you look at the zoning and future

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land use maps for the community you'll
see that the rural area array zone is

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the predominant zone throughout the
municipality

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the focus of this zone is on primary
resource industries and their activities

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agriculture fishing and forestry
commercial activities related to

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resource uses are also permitted as are
animal sanctuaries

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residential uses will continue to be
common in this zone including both

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single detached as well as duplexes or
semi-detached dwellings we've also

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included small-scale commercial that is
not related to resource industries such

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as bakeries or certain tourism uses
limited by lot size for new parcels

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accessory uses are those uses incidental
to the main use and include the list

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here such as home-based businesses or
small wind turbines for personal use

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dormitories are generally used for
seasonal workers related to farming

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in terms of site-specific uses
these are proposed developments that

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would have to go through a public
process we have included

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resource-related industrial uses food
processing plants

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intensive resource uses such as hog
operations and excavation pits kennels

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and large wind and solar energy
developments

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where these are listed as site specific
in his own when such a development is

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proposed it would be up to council with
input from the public to determine if it

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is to be permitted on the site in
question

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the rural residential r zone is
primarily for residential uses

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and this is where future multi-lot
subdivisions would be directed

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permitted uses here are a range of
housing types permitted based on meeting

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minimum standards for lot size and
service capabilities on site

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accessory uses like home-based
businesses sheds and garages and

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secondary suites are also permitted
site-specific uses in this zone include

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clustered housing proposals such as
vacant land condominiums or conservation

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subdivisions which involve small
clustered residential lots on shared

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services with 50 percent of the land
base being permanently maintained as

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open space
these types of development are more

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intensive but still reflect the desire
of the community to maintain that rural

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feel by protecting open space
based on public feedback the rr zone was

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changed in the previous draft so that it
now applies to existing residential lots

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of less than two acres while properties
with residential uses of more than two

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acres would retain the ra zoning any
proposals for new rural residential

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developments would have to go through a
public rezoning process

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the commercial industrial ci zone
includes properties that are currently

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being used for commercial or industrial
activities

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we have not pre-zoned any vacant lands
to permit this type of activity

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as such any new commercial or industrial
use that is being considered and is not

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already permitted in the rural area zone
must go through the public process of a

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zoning amendment
permitted uses are listed in this table

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and include a range of commercial
activities and residential uses as well

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as some specific uses that tend to be
less common or more controversial in

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other zones
light industrial uses include such

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things as warehousing and manufacturing
that do not involve excessive noise

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smell or light or other activities that
are unlikely to create conflicts with

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neighboring uses
accessory uses are similar to other

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zones cannabis operations or heavier
industrial uses are required to go

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through the site-specific amendment
process which again involves public

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consultation
the change for these zones from previous

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drafts is the inclusion of wind energy
in the list of permitted and

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site-specific uses
they had been included previously in the

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ci zone in the schedule to the by-law
setting at the standards for wind energy

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but not ex listed explicitly in the zone
so they have been added here for clarity

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the parks and recreation pr zone was
renamed in the previous draft from open

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space
this zone covers those lands set aside

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for conservation or recreational
activities

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as noted in the table permitted uses
include historic and heritage uses

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trails pavilions recreation facilities
and sports fields

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these lands can be held privately or
publicly but are intended generally for

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public use and enjoyment without profit
or significant impact on the land base

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a golf course is considered a commercial
use because of the intensive nature of

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the operation and because it's intended
to generate income for private use

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the disc golf course is more of a
recreational activity which is less

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intensive in nature accessory uses
include buildings and concession stands

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administration offices and parking
facilities

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the environmental risk er zone is a
protective zone that is concerned with

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the protection of the environment the
safety of people and the viability of

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structures in flood risk areas areas
subject to erosion and on contaminated

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sites
it is a protective measure for

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cornwall's welfield which is partially
located within the municipality

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it also includes buffers along wetlands
watercourses and coastal areas the

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proposed buffer of 60 meters along the
upper west river to protect a salmon

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spawning area was removed in the
previous draft as a result of comments

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from the community
permitted uses vary by what the

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development constraint is with the
ultimate goal being the protection of

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the environment and people in areas that
could become or include hazards

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as we will discuss shortly the flood
risk rules have been modified slightly

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to address certain properties that might
become incapable of being developed as a

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result of the flood risk setbacks
as just mentioned there are several

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types of development constraints
captured in the environmental risk zone

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and each type of constraint will be
treated slightly differently

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you can see examples in the slide images
where the er zone includes the cornwall

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whale field at the top watercourses
wetlands and their buffers and the

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projected flood risk for the year 2100
this flood risk area is based on new

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provincial data that looks at a
combination of erosion sea level rise

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and storm surge factors
the following slides illustrate how the

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er zone works in terms of buffers and
setbacks from environmental hazards

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as shown here the er zone is a 15 meter
buffer from the edge of a watercourse or

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wetland
in the case of a coastal property

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building setbacks would either be 15
meters plus the zone setback or 60 times

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the annual rate of erosion whichever is
greater

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these reflect provincial standards
across the island where we have included

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the er zone plus the building setback
provincial rules have a standard setback

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of 75 feet or 22.9 meters for all
buildings but the results are largely

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the same
there is also a vertical buffer for any

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proposed development below a minimum
elevation based on future flood risks

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identified by the province
depending on the grade of the land from

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the coastline the horizontal buffers
established through the er zone and the

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required building setbacks in specific
zones the placement of new buildings

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below a certain elevation may also be
restricted

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this restriction is important for
protecting against the potential hazards

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and risks to safety associated with
erosion sea level rise and storm surges

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as well as damage to property
if the flood risk area on a coastal

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property does not extend past the
standard 15 meter buffer the er zone

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stops at the 15 meter buffer

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where there are flood risk constraints
there may be opportunity to engineer the

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site to raise the grade to meet the
minimum elevation requirements as shown

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in the graphic on the right
there are a range of reasons why the

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flood risk approach in the bylaw is
important this approach protects life

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and safety during emergency events it
protects against wells becoming

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contaminated and against compromised
septic systems

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it also protects against property damage
or loss

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the most significant change since the
april open house is the development of

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an approach that recognizes that some
properties may have a vested right to

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develop based on how those properties
were originally approved

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in earlier engagement sessions there
were requests to consider a waiver

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option in relation to existing lots that
could not be developed as a result of

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the flood risk rules
this request was considered again and

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while the general reasons for managing
development in areas identified for

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flood risk over time remain valid it was
recognized that in some cases depending

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on how a lot was originally approved
there may be situations where the

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municipality should approve development
for that originally approved use even

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where the property is of such a size or
configuration as to make placing a

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building outside of the flood risk areas
with all required setbacks difficult

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a legacy lands assessment policy has
been developed to assist council with a

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case-by-case assessment of affected
properties using a series of tests

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importantly this exception to the bylaw
only applies where a lot could not

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otherwise be developed i'll explain the
process in more detail on the following

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slides
under the new policy and approach

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affected properties will be assessed on
a case-by-case basis

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if a parcel is confirmed as a legacy
land the permitted development is

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limited to the pre-approved use not
other uses contemplated by the owner

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a grading plan would be required and the
development would not be permitted to

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encroach into a buffer zone without
provincial approval

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the development would be required to
proceed with the least degree of

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non-compliance with the bylaw as
possible

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assigned waiver will be involved and the
property owner would be required to

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undertake a written assignment of the
waiver to future owners so they are

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aware of the risk and the waiver
if an existing non-conforming lot is not

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confirmed as a legacy land and can't be
developed under bylaw requirements

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regarding flood risk areas it may be
used for seasonal non-permanent uses

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subject to meeting requirements for
waste water disposal

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as a reminder affected parcels may still
be developed for permanent uses where

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the grade is raised
we heard from the public and planning

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board that not all developments may be
right for the community or for specific

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areas of the community
another tool that is used in the land

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use bylaw is the site-specific amendment
approach which is included in most zones

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using a site-specific amendment approach
allows very specific uses on individual

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parcels of land through a public process
for activities that have a greater risk

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of causing land use conflicts for
adjoining properties or for the

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community as a whole
without this process these specific uses

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would not otherwise be permitted or
conformed to the bylaws

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application for site-specific uses go
through a by-law amendment process which

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is public and approved at council's
discretion

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appendix c on this slide is an example
of how site-specific uses will be

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tracked in the by-law
in this first by-law existing licensed

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excavation pits will be pre-identified
while others will be added over time

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where site-specific amendments are
approved

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the latest zoning map is largely the
same as before with a few minor

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revisions these revisions include
correcting a few parcels with the zoning

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wasn't quite right due to mapping errors
as well several cemeteries that were

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identified have been changed from rr to
ra

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aside from the permitted uses one of the
key areas that define the different

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zones are the subdivision standards for
each

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given that the goal in the ra zone is to
protect primary resource uses a

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restricted number of new lots is
permitted for each existing parcel

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specifically the creation of four new
lots will be allowed with up to two of

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those lots being commercial
the proposed minimum lot size of five

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acres was reduced to one acre in the
previous draft in order to minimize

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large scale commercial is not
appropriate to rural areas a two-acre

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maximum will be established for new
commercial lots

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if more than four residential lots are
desired then an application will have to

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be made to rezone the area as rural
residential rr zone

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for the rr zone one acre lots are again
required with smaller lots encouraged

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where central water and wastewater
services are provided

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there's no limit on the number of lots
in the rr zone assuming that they can be

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serviced and accessed
new lots are also required to meet

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provincial regulations for lot size
based on soil quality based on their

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ability to site wells and septic systems
the ci zone rules limit the maximum lot

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size to two acres and there can be up to
two commercial lots subdivided off a

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parent parcel
again this limit is imposed to reduce

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the amount of commercial or industrial
activity proposed in the region and to

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push very large activities into
municipal business or industrial parks

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where they can be serviced and reduce
conflict with neighboring uses

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there are no subdivision standards for
lands in the park and recreation zone

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other than those required to accommodate
on-site servicing

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as noted earlier home-based businesses
are permitted in any zone where

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residential uses are permitted
they have been defined to limit what is

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included in them so no auto sales or
service operations auto body shops or

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car washes are included in the rural
residential zone as these uses can be

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more intrusive
small scale auto body shops as

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home-based businesses in the ra zone are
one of those site-specific uses that may

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be permitted following a public meeting
permitted home-based businesses do

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include short-term rentals and bed and
breakfast operations

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for those larger subdivision proposals
particularly those that fall within the

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rr zone the municipality would require
10 percent of the land to be put towards

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a parkland dedication when there are
five or more lots if there isn't an

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appropriate area of land for recreation
purposes council may take cash in lieu

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this land or cash and loot dedication
must be for recreational uses such as

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parks natural areas trails or the like
private roads are a significant issue

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for the municipality this map
illustrates the network of both public

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and private roads with over 80
kilometers of roadways being privately

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held
as many former cottage properties are

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being converted to year-round residences
the official plan and land use bylaw do

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not differentiate between cottages and
single detached dwellings

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for all intents and purposes those uses
are the same from a regulatory point of

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view
in the land use by-law proposed

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standards include the following no new
or extensions to private roads and no

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new lots on existing private roads all
new roads and extensions must be public

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meaning they are built to public
standard and deeded to the province who

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then becomes responsible for maintaining
those roads over time

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and the number of panhandle lots that
may be permitted where providing

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frontage on a public road is a challenge
was previously increased from one lot to

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two
another unique feature for west river is

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the cornwall special planning area the
spa which takes in the aries in green on

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the map
the spa has three main objectives

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prioritize and protect resource uses
minimize the potential for conflict

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between uses and limit unserviced
development

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in the proposed approach the areas
subject to the special planning area and

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those beyond are treated in essentially
the same way this reflects the values

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expressed to us by the public throughout
this process being the protection of the

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rural character and resource uses as
well as the goal of bringing the various

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communities together under the umbrella
of the new larger municipality

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here we have addressed the three
required sba objectives through limiting

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the size and scale of new developments
with on-site servicing limiting the

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overall number of lots in the rural area
zone prioritizing resource uses with

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caveats on permits and addressing
potential conflicts through the use of

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the site-specific amendment process
one difference in this approach for

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areas under the spa will be the
requirement for subdivisions of more

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than five lots in the spa to include
shared services which must be municipal

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water or sewer or both in order to
comply with the spa regulations

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other changes made since the last draft
are generally drafting related although

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a few other changes were made in
response to public feedback such as

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including permitting accessory structure
in the front yard but still meeting

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minimum front yard setbacks
other resources and information now

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available include a summary of revisions
since the april open house the

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background report municipal profile and
the watershed flood risk report

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these documents along with the latest
draft official plan land use biola and

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proposed maps can be found at westriver
pe.ca or plan rmwr.ca

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after a statutory public meeting only
minor revisions are generally made based

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on public feedback
following any final revisions the

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documents will be formally considered
for adoption by planning board and

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council and sent to the province for
ministerial approval

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00:21:48,559 --> 00:21:54,159
as always there are multiple ways to
engage in the discussion through the

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project or municipal websites by email
or follow along through our social media

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accounts you can also reach the
municipal office by phone

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00:21:59,679 --> 00:22:06,559
comments are welcome until september
23rd at 4 pm

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00:22:04,559 --> 00:22:10,440
thank you for following along we look
forward to hearing from you