[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