BYLAW NO. 1658 – Langford Zoning Bylaw, Amendment No. 463 (1128 Finlayson Arm Rd), 2016

Staff Report to Council

Date: 07/11/2016
Department: Planning
Application No.: Z16-0013

Subject: Bylaw No. 1658 - Application to Rezone 1128 Finlayson Arm Road from RR4 (Rural Residential 4) to RAE1 (Rural Agricultural and Eco-Tourism) Zone to Allow equestrian therapy and riding activities on the property

At their Regular Meeting of September 19, 2016 Council passed the following resolution with respect to the property at 1128 Finlayson Arm:

That Council:

1. Consider giving First Reading to Bylaw No. 1658 to amend the zoning designation of the property located at 1128 Finlayson Arm Road from RR4 (Rural Residential 4) to the new RAE1 (Rural Agriculture and Eco-Tourism 1) Zone subject to the following terms and conditions:
   a) A site servicing feasibility review must be conducted, to the satisfaction of the Director of Engineering, for any development prior to issuance of a development permit.
   b) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:
   i. That any necessary underground or above ground servicing upgrades, extensions, or other requirements should be fulfilled at the applicant’s expense (secured by covenant)

COMMENTS

The applicant has registered a Sec. 219 covenant against the title of the subject property that agrees to item 1 (b) in Council resolution of September 19th, 2016.

Bylaw No. 1658 was signed by the Minister of Transportation on October 28th, 2016.

Council has not requested any additional conditions be carried out prior to consideration of Bylaw Adoption, so they may wish to do so at this time.

OPTIONS

That Council:

1. Adopt Bylaw No. 1658;
   Or
2. Take no action at this time with respect to Bylaw No. 1658;

Respectfully Submitted,

Submitted by:
Lauren Morhart, MCIP, RPP Planner II

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Brent Molnar, Manager of Land Development

Concurrence:
Steve Ternent, Director of Finance

Concurrence:
Jim Bowden, Chief Administrative Officer

:lhm

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CITY OF LANGFORD

BYLAW NO. 1658

A BYLAW TO AMEND BYLAW NO. 300, “LANGFORD ZONING BYLAW, 1999"

The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:

A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:

1. By adding the text attached in Schedule A as Section 6.18;
2. By deleting the from the RR4 (Rural Residential 4) Zone and adding to a new RAE1 (Rural Agriculture and Eco-Tourism) Zone the property legally described as LOT A, SECTION 41, HIGHLAND DISTRICT, PLAN 3622, EXCEPT PARTS IN PLANS 25640 AND 30287 PID No.: 006-187-773 (1128 Finlayson Arm Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 463, (1128 Finlayson Arm Rd), 2016".

READ A FIRST TIME this 19th day of September, 2016.

PUBLIC HEARING held this 17th day of October, 2016.

READ A SECOND TIME this 17th day of October, 2016.

READ A THIRD TIME this 17th day of October, 2016.

ADOPTED this day of , 2016.

MAYOR

(Certified Correct)
CORPORATE OFFICER

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Schedule A

Section 6.18 – Rural Agriculture and Eco-Tourism (RAE1) Zone

The intent of the Rural Agriculture and Eco-Tourism zone is to provide for opportunities for a mix of residential, agricultural/agri-tourism, eco-tourism and educational uses.

6.18.01 Permitted Uses

The following uses and no others are permitted in the Rural Agriculture and Eco-Tourism (RAE1) Zone:

General Uses:
(1) accessory buildings and uses;
(2) temporary construction and real estate marketing offices;
(3) uses permitted by Section 3.01 of this Bylaw;

Agricultural Uses:
(4) agriculture;
(5) intensive agriculture on lots of 4 ha (10 acres) or more in area;
(6) nursery;
(7) riding stables;

Educational Uses:
(8) riding academies including riding rings;
(9) schools and preschools;

Agri-Tourism and Eco-Tourism Uses:
The following uses are permitted as accessory uses to any agricultural or educational use:
(10) single unit (cabin) or multi-unit (bunkhouse) dormitory;
(11) campsite;
(12) rental of recreational equipment including, but without limited the generality of the foregoing: bicycles, kayaks and canoes, horses, clothing and outdoor gear;
(13) health centres;
(14) assembly use;

Residential Uses:
(15) home occupation in accordance with Section 3.09;
(16) one-family dwelling; and
(17) secondary suite in a one-family dwelling in accordance with Section 3.08.

6.18.02 Subdivision Lot Requirements

(1) No lot having an area less than 0.4 ha (1 acre) may be created by subdivision in the Rural Agriculture and Eco-Tourism (RAE1) zone; and
(2) Notwithstanding Subsection 6.04.02(1), no lot having an area less than 40 ha (100 acres) may be created by subdivision in the Rural Agriculture and Eco-Tourism (RAE1) Zone unless that lot is serviced by the municipal sanitary sewer system.

6.18.03 Density of Development and Lot Coverage

(1) There may not be more than one one-family residential dwelling per lot; and
(2) Lot coverage of all buildings and structures may not exceed 20% or 1000 m2.

6.18.04 Height and Size of Principal Use Buildings

(1) No building or structure may exceed a height of 10.5 m (34 ft); and
(2) Despite article (1), the height of a building for agriculture or intensive agriculture use may not exceed 12 m (39 ft).

6.18.05 Setbacks

(1) No building or structure may be located:
(a) within 10 m (33 ft) of any rear lot line;
(a) within 7.5 m (25 ft) of any other lot line; and
(2) Despite article (1), the siting of any building or structure used for agriculture or intensive agriculture must comply with Section 3.05 of this Bylaw.

6.18.06 Landscape Screening

The relevant regulations of Section 3.21 of this Bylaw must apply.

6.18.07 General

The relevant regulations of Part 3 of this Bylaw must apply.