Cowichan Valley Regional District Cobble Hill Village Plan – Schedule A, Appendix C Official Community Plan No. 3510 __________________________________________________________________________________ Cowichan Valley Regional District Cobble Hill Village Plan Schedule A, Appendix C South Cowichan Official Community Plan Bylaw No. 3510 Amended up to and including Bylaw No. 4038 CONSOLIDATED FOR CONVENIENCE ONLY Please check with the Planning & Development Department (250-746-2620) for current information on this Bylaw __________________________________________________________________________ NOTE: CVRD Planning & Development Department staff have made every effort to provide the most up-to-date version of this consolidated bylaw and the associated maps. Nevertheless, this document may be somewhat out of date, particularly if there are amendments underway. Persons using this consolidated bylaw text and the maps should not rely on them for legal purposes or to make important decisions. AMENDING BYLAWS: 3604 General File, Text and Map, June 11, 2014 4038 (Chickens), Text, December 14, 2016 COBBLE HILL VILLAGE PLAN TABLE OF CONTENTS Page 1. SECTION 1: INTRODUCTION ............................................................................................ 1 1.1: Cobble Hill Yesterday ................................................................................................... 3 1.2: Cobble Hill Today ......................................................................................................... 5 1.3: Cobble Hill Tomorrow ................................................................................................... 6 2. SECTION 2: COMMUNITY PRIORITIES AND GUIDING PRINCIPLES.............................. 9 3. SECTION 3: VISION STATEMENT AND GOALS............................................................. 11 4. SECTION 4: GENERAL POLICIES .................................................................................. 12 5. SECTION 5: RESIDENTIAL DESIGNATIONS .................................................................. 14 5.1: Village Residential Designation Policies ..................................................................... 15 5.2: Mixed Use Residential Designation Policies ............................................................... 18 5.3: Manufactured Home Park Designation Policies .......................................................... 19 6. SECTION 6: COMMERCIAL DESIGNATIONS ................................................................. 20 6.1: Village Commercial Designation Policies .................................................................... 22 6.2: Mixed Use Commercial Designation Policies .............................................................. 24 7. SECTION 7: INDUSTRIAL DESIGNATION ...................................................................... 25 8. SECTION 8: PARKS AND INSTITUTIONAL DESIGNATION ........................................... 27 9. SECTION 9: VILLAGE AGRICULTURAL DESIGNATION ............................................... 32 10. SECTION 10: COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA ...................... 35 10.1 Cobble Hill Village DPA Establishment ...................................................................... 35 10.2 Cobble Hill Village DPA Justification .......................................................................... 36 10.3 Cobble Hill Village DPA Applicability .......................................................................... 38 10.4 Cobble Hill Village DPA Guidelines and Exemptions ................................................. 39 10.5 Cobble Hill Village DPA Variances............................................................................. 59 10.6 Cobble Hill Village DPA Requirements ...................................................................... 59 10.7 Cobble Hill Village DPA Application Requirements/Security ...................................... 60 10.8 Cobble Hill Village DPA Violations ............................................................................. 60 10.9 Cobble Hill Village DPA Penalty ................................................................................ 60 10.10 Cobble Hill Village DPA Severability ........................................................................ 61 1 SECTION 1: INTRODUCTION This Section of Official Community Plan Bylaw 3510 is Schedule A - Appendix C – Cobble Hill Village Plan. It sets out a long term vision, goals, objectives and policies for the Cobble Hill Village area, which includes lands located within the Cobble Hill Village Containment Boundary (VCB), as shown on Figure 1-A. Cobble Hill Village is a small, unincorporated settlement located west of the Trans Canada Highway in an agriculturally oriented setting. It has a unique, rustic appeal and is mainly noted for agricultural activities, rural ambiance and heritage values. It consists of a commercial core where services are available, and where the Cobble Hill Fair has been hosted each year, and the residential settlement areas nearby. It is in this area that most future development in Electoral Area C will occur. Future growth and development in this area will provide a revitalized core and a diverse array of housing to ensure that the needs of the entire community are met, from young families to seniors who wish to remain in the community. At the same time, the rustic, rural character of the village will be preserved. FIGURE 1-A CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 2 It is important to express that the South Cowichan OCP is essentially a four-document plan that includes a main OCP document and three village plans. The main OCP document affects lands within the entire Plan area (Electoral Areas A (Mill Bay/Malahat), B (Shawnigan Lake) and C (Cobble Hill), including within the Cobble Hill Village area. To fully understand the policy framework in this Cobble Hill Village Plan, it is necessary to review Sections 1 through 10 of the main OCP document, as it provides goals, principles, objectives and policies for environmental protection, climate change and energy efficiency, economic development, social sustainability, heritage conservation, and village containment boundaries for all Plan area lands, including Cobble Hill Village. Sections 18 to 23 provide transportation and servicing policies for lands within and outside of the Cobble Hill Village Containment Boundary, while Section 25 provides objectives and policies to implement the entire OCP. This Plan has been achieved through extensive public consultation with the community. All subsequent bylaws enacted or works undertaken by the CVRD must be consistent with this Plan. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 3 1.1 COBBLE HILL YESTERDAY: The first people to inhabit the lands surrounding Cobble Hill were the Coast Salish nations of Malahat, Cowichan, Tsawout, Tsartlip, Pauquachin and others, who used this locale for settlement purposes as well as for camping, fishing and gathering. Lands in the village area are within the tradition territory of the First Nation bands that originally inhabited them. The unincorporated village of Cobble Hill was first developed around 1850, when the earliest settlers of European descent began to arrive. Initially, these pioneers had to walk or travel by horse and buggy to Harrisville (Cowichan Bay) to purchase supplies. When the Railway was built through Cobble Hill in 1887, the small settlement began to evolve into what was, in the late 1800’s and early 1900’s, the main community in the Cowichan Valley. A railroad construction engineer by the name of J.W. Graff had a seven room home built called the “white house”, which served a boarding house and landmark for many years. It was located near the site of the Cobble Hill School on Watson Avenue. The Cobble Hill Railway Station was another central feature at that time, boasting a baggage room, ticket office, telegraph office and a waiting room with a potbellied stove. Today’s road network reflects the historic layout of the community in which all trails and roads in the area led to the railway station. It was a main focal point of the community - even the first post office operated out of an old boxcar. As a railway community, Cobble Hill was complete and compact, with a wide variety of services, including a bank, telephone office, creamery, feed store, blacksmith, bakery and other businesses. In 1892, the Station Hotel (later called the Wilton Place Hotel) was built across from the Train Station on Cobble Hill Road. It was a popular and thriving enterprise, with several hotel rooms, a saloon, and a tea room. The entry hall was impressive with its large player piano that provided lively entertainment. A year later in 1893 the first community hall was constructed, on the corner of Hutchinson and Cobble Hill Road. The population grew quickly and early in the 1900’s the Walton Store (now Cobble Hill Market), the Bonner Block and stores along Garland Avenue were built. Services expanded to include a lumber store, hardware store, general merchant, shoe repair shop, garage, church and a school. In 1912, over 500 residential lots were created on 300 acres. The first school was constructed on Watson Avenue and opened in 1915. The first Cobble Hill community water system was established in 1914. The system was comprised of a 5,000 gallon earthen reservoir and a two-inch water line that delivered 60 pounds of pressure to 25 homes and businesses in the core area. Of the water quality, the owner of the system (George Bonner) is quoted in the Daily Colonist as stating “a recent report from the sanitary inspector showed the water test sample was No. 1 – about the best you can get”. The system was operated by the Bonner family until 1986 when it was turned over to the Cobble Hill Water Improvement District. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 4 Cobble Hill was a prosperous and busy community until the 1940’s. The Wilton Place Hotel burned down in 1942 and was never rebuilt. Meanwhile the automobile began to surpass railway transit as the preferred mode of transportation. The highway was moved to its current location in the middle of the last century. Its new location bypassed Cobble Hill and with the increased dominance of the automobile a deceleration of development in the village was inevitable. Mill Bay and Duncan became the areas of growth. As large trucks began moving lumber and freight, trains that had attracted so many to Cobble Hill Village became fewer and fewer, and over time the buildings that helped form the lively community began to disappear. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 5 1.2 COBBLE HILL TODAY: The defining characteristics of Cobble Hill Village include its rural nature, plentiful greenspace, agricultural orientation and rich history. The annual Fall Fair, one of the oldest of its kind in Canada, is held on the grounds of the Farmer’s Institute in the village centre, bringing residents together each autumn. Cobble Hill hosts a diverse population where citizens actively participate in community affairs. This helps to foster a strong sense of identity with area residents. There are about 900 residents in Cobble Hill Village, residing primarily in single family residential neighbourhoods. The business community includes the core retail area, an industrial business on Cobble Hill Road, and the business sector along Fisher Road. In all, there are about 50 businesses and institutional uses located in the village. Many of the businesses are homebased. Although the outlying Cobble Hill electoral area has grown steadily, the community has retained its rural, agricultural and heritage character. Cobble Hill continues to be a small, authentic village with a quiet rural atmosphere, a strong sense of history and an abundance of open space and public institutions. The village is still relatively peaceful, clean and unspoiled, in part because of its location along the railway and away from the Trans Canada Highway. Although it is not without constraints, Cobble Hill has a good water supply, effectively operated by the Cobble Hill Water Improvement District. Much of the village area is also serviced by a high quality sewage treatment facility with capacity for expansion. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 6 1.3 COBBLE HILL TOMORROW The Local Government Act requires the Official Community Plan to ensure that anticipated housing needs will be met for a period of at least five years. As the CVRD has nine electoral areas, and therefore does not review each OCP on a five year basis, this OCP aims to provide for housing needs to 2026. Stats BC - Ministry of Citizens’ Services, have provided projections for population increases by Electoral Area for the South Cowichan. As shown in the Table below, the population of Electoral Area C (Cobble Hill) is expected to increase from 4,828 in 2011 to 5,606 in 2026 – an increase of 778 people. Year Projected Total Population and Growth Rates for Electoral Area C – Cobble Hill Total Population Annual Population Growth Rate (%) 4536 2006 4828 2011 4884 2012 4936 2013 4988 2014 5041 2015 5097 2016 5150 2017 5202 2018 5255 2019 5307 2020 5359 2021 5412 2022 5463 2023 5512 2024 5559 2025 5606 2026 Source: BC Stats, Ministry of Citizens’ Services 1.1 1.2 1.1 1.1 1.1 1.1 1.0 1.0 1.0 1.0 1.0 1.0 0.9 0.9 0.9 0.8 Should the average household size remain the same as in recent years (2.5 people per household), this projected population increase translates into a need for 20 dwellings per year, 103 by 2016, and 312 by 2026, for the entirety of Electoral Area C (Cobble Hill). Cobble Hill Village Containment Boundary Anticipated Housing Needs to 2026 Time Frame Annual By 2016 By 2026 Number of Dwellings 20 103 312 Potential housing supply is the amount of housing that can be created within the framework of an official community plan, without amending the OCP. While some growth will occur through the infilling of residential areas located outside of the Cobble Hill Village Containment Boundary (VCB), most will be encouraged to occur within the VCB. It is therefore important to ensure that Cobble Hill Village can absorb anticipated housing needs. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 7 A technical assessment of developable lands within Cobble Hill Village indicates that there is a potential through subdivision (and in some cases rezoning without amending the OCP) to provide at least 422 dwelling units: Housing Capacity – Cobble Hill Village Land Use Designation Village Residential-0.09 ha Mixed Use Commercial-20 units per ha Total Dwelling units 382 40 422 This housing supply estimate is very conservative because it does not include the potential for residential units in the Village Commercial Designation, where residential units are encouraged above commercial uses. Nor does this housing supply estimate include secondary suites and secondary dwelling units, the infilling of vacant lots, or the potential for rezoning applications to occur for multiple family housing, or from the Suburban Residential Zone to the Village Residential Zone. Additionally, it is anticipated that some multiple family dwellings will be created in lieu of the potential for single family dwelling infill. As the community grows, Cobble Hill Village has the potential to become a more complete community where residents can live, work, and enjoy many recreational amenities. A mix of residential and commercial development will be encouraged in the Village core (see Figure 1A), while commercial businesses will continue to be oriented around a heritage theme. Strict guidelines will ensure that new development is consistent with the village character. The types of commercial development found to be desirable to residents through the public input process include uses such as a bakery, restaurant, organic market, museum, tea room, coffee shop, bank/credit union, and medical office, among others. The commercial core area will be expanded, through rezoning applications, along Garland Road. Lands between the Evergreen School and the commercial core will be designated as Mixed Use Residential, where additional small scale commercial uses can be introduced. A farmers market and other secondary agricultural uses will be encouraged between the Fisher Road industrial area and the residential area. This will support agriculture and help to mitigate impacts of existing industrial uses on the village residential areas. Industry will continue to flourish along Cobble Hill Road and in the northeast at the Fisher Road industrial area. Industrial development will be supported by encouraging uses that are compatible with the rural village setting and are capable of providing employment opportunities. Single family neighbourhoods will remain predominant in Cobble Hill Village; however the OCP recognizes the need for other forms of housing that can better accommodate a diverse population. Diverse housing types are required to address the changing demographics of the community, in particular the aging population on Vancouver Island, the high price of housing in relation to average family incomes, and the need to retain young people in the community to support a healthy economy. To address the need for affordable housing, residential uses may be established above commercial establishments, secondary suites and secondary dwelling units are encouraged, rezoning applications will be encouraged to provide multiple family housing developments, and community amenity contributions will be required for the provision of affordable housing and other community benefits. The Cobble Hill Commons, now owned by the CVRD, has potential for affordable housing for seniors or young families, and will be designated and zoned to encourage parkland, a community centre amenity, and/or an affordable housing use. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 8 All multiple family, commercial, and industrial development will be subject to development standards in terms of environmental protection, protection of groundwater, landscaping, lighting, signage and building design. All development will be consistent with the rural, heritage character of Cobble Hill Village. Stormwater management guidelines will be integrally linked to landscaping requirements, which will encourage more greenery, as well as more public space. While residents recognize the need to revitalize the village, they also want the community to remain rural and peaceful. Improvements to the public transit system, including construction of well-defined bus stops, pedestrian walkways, bike paths, rail corridors and other amenities, and increased road safety can also enhance the quality of life and improve transportation options in Cobble Hill. Priority will be given to the creation of pedestrian and cycling trails between key community destinations, such as the Cobble Hill Hall, the schools, parks and residential neighbourhoods. The long-term viability and health of the environment, economy and social services are at the forefront of many people’s concerns today. There is a widespread desire to ensure a healthy, sustainable community that celebrates its heritage while looking to the future. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 9 SECTION 2: COMMUNITY PRIORITIES AND GUIDING PRINCIPLES Cobble Hill residents wish to have a good level of daytime activity in the village core area, and to maintain and enhance Cobble Hill Village as a desirable place to live by building on its small scale, heritage character, its rural agricultural atmosphere, and quiet residential neighbourhoods. The following are guiding principles which will be considered when implementing the OCP: a. Character, Scale and Community Design: The CVRD will preserve the village’s small rural nature through the implementation of the OCP policies and development permit area guidelines of this Section of the OCP, which provide direction for future development. The village character will be protected by focusing on the form and pattern of existing development. Small scale growth is desirable, but will not alter the community’s basic appeal and will have regard for the village’s heritage elements…. b. Development Review: In reviewing development applications for the village, the Regional District will have regard for the supply of developable land within the Village Containment Boundary, with a view to ensuring a balance of commercial and residential development in the central core area and residential uses in the remainder of the village, and maintaining the small-scale village character. The proposed development will only be permitted if it demonstrates community, historic, and environmental sensitivity. c. Residential Development: The OCP seeks to achieve a balanced mix of residential uses, to better meet the needs of a diverse population within the village area. The majority of residential development will continue to be single family dwellings. Emphasis will also be placed on providing housing opportunities for seniors, through assisted care developments and multiple family housing. To provide for a livelier commercial core area and accommodate a diversity of housing, residential uses will be permitted above commercial businesses, and rezoning applications will be encouraged to provide low-density (e.g. 18-20 units per ha). d. Commercial Development: Commercial uses will be small scale and aimed toward serving the needs of the local community. Existing commercial uses are supported by the OCP and are encouraged to continue operating in the village. New commercial uses will be in keeping with the small scale, heritage character. e. Parks and Recreation: The CVRD will meet the parks and recreational needs of the village area through the development of existing public lands, where possible through the purchase of new lands, and through amenities acquired during rezoning of lands. Cobble Hill Village has and will increase its significant public holdings and will become one of the most active, healthy, and participatory communities on Vancouver Island, with both indoor and outdoor public gathering spaces. A train station development will be provided, although possibly adjacent to the VCB. The Highway works yard at the junction of Fisher and Holland Roads has been purchased by the CVRD and will be developed into a community facility such as a seniors’ centre or affordable housing, or village parkland, in accordance with the wishes of the community. Walkways, bike paths and similar facilities will be developed for access to and between significant public spaces, including Watson Park, the commercial core, Cobble Hill Mountain, the Farmer’s Institute and any new residential development. A street beautification plan will CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 10 work toward boulevard streetscapes that provide narrower streets and more public space, to further beautify the village while providing trails and walkways for residents. Traditional sidewalks are not supported in Cobble Hill Village. f. Economic Development: Commercial businesses that are small scaled and respectful of the agricultural and heritage character of Cobble Hill will be encouraged in the core area of the village. Home based businesses will also be encouraged provided that they are small scale and unobtrusive. Village industrial uses will continue to be located in the northeast part of the Village near the Trans Canada Highway, and will be encouraged to provide meaningful, living-wage employment for residents. Government offices will be permitted so as to encourage regionalization of provincial agencies. Industrial uses that could potentially create a nuisance by noise, smell, or odour spillover into residential areas will not be encouraged. Value added agricultural businesses are encouraged. g. Environmental Concerns: The protection of the natural environment will be given priority by the CVRD when developments are being considered. Village residents are concerned with the protection and enhancement of natural features within the village. Of particular interest is the general drainage regime within the village area, and impacts downstream toward Dougan Lake. Future urban development will connect to a community sewer system, eliminating the need for septic fields and reducing the threat of groundwater pollution. Residential areas will continue to have lot coverage ratios that encourage greenspace and all areas will be consistent with guidelines to prevent rainwater runoff conditions. h. Roads and Transportation: The CVRD will encourage the development of an improved transportation system in Cobble Hill Village, consisting of improved bus transit – which will steadily improve as community development occurs. If rail service is improved, a train station should be considered in Cobble Hill, with connections to bus services. For the road system, modified road standards and traffic calming measures such as structural impediments and road narrowing, could slow traffic and provide space for pedestrian and cycling trails. A street beautification and trail plan is proposed as an implementation tool for this plan. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 11 SECTION 3 VISION STATEMENT AND GOALS Vision Statement Cobble Hill Village is an agricultural community with a rural, heritage character - slow, steady population growth is anticipated, helping to build an active, welcoming commercial core and an abundance of public open space, making it one of the most desirable places to live on Vancouver Island. Village Plan Goals 1. To preserve and enhance the rural village character; 2. To ensure that the Village area remains compact and becomes complete, whereby residents have the option to live, work and play without being required to travel elsewhere; 3. To preserve and celebrate heritage and the unique identity of Cobble Hill Village; 4. To provide a mix of housing types and tenures for a diverse population; 5. To encourage new businesses and industries, create employment, and appeal to a skilled, diverse workforce; 6. To preserve and increase outdoor recreation opportunities, including multi-use trails and parks connecting the village with outlying areas; 7. To recognize that agriculture is integral to Cobble Hill’s character, and to encourage value added agricultural businesses, produce outlets and farmers markets; 8. To provide alternative transportation options such as improved transit, rail, multi-use paths and pedestrian only areas; 9. To foster a sense of community by maximizing opportunities for public gathering spaces, such as parks, trails, the post office, the local garage and the Farmers’ Institute; 10. To provide high standards for environmental protection, including the protection of groundwater; and 11. To ensure the provision of community water and community sewer services in the Village area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 12 SECTION 4: GENERAL POLICIES Policy 4.1: The Cobble Hill Village area will remain distinctly rural in nature. Although new urban development is not permitted outside of the Village Containment Boundary, rural densities are permitted within. Densities will generally be more rural the farther the land is from the core commercial area. Even in the heart of the village core there will be a distinctly rural heritage character, through the use of careful planning that includes design guidelines for new development and ensures that greenspace is provided. Policy 4.2: The heritage and history of Cobble Hill will be preserved through the CVRD Community Heritage Register and through the Cobble Hill Village Development Permit Area in Section 10 of this document. Policy 4.3: The CVRD will initiate a Streetscape Beautification Plan for Cobble Hill Village to take better advantage of the street frontage areas, and encourage an aesthetically pleasing and dynamic village area. The Streetscape Beautification Plan would, at a minimum, consider: a. the provision of mature trees, shrubs and flowers along or adjacent to road rights of way to provide a boulevard appeal; b. the provision of cycling and pedestrian trails along or adjacent to road rights of way; c. the provision of public outdoor art and outdoor seating areas and bike racks; d. the provision of aesthetically appealing and distinctive bus shelters; e. traffic safety measures such as improved pedestrian crossings; f. possible themes or unique heritage amenities such as unique streetlights and road signs; and g. in the commercial core, the potential for pedestrian only areas to encourage a more active and dynamic place. Policy 4.4: Alternative forms of transportation are encouraged throughout Cobble Hill Village, and a high priority will be attached to the provision of amenities such as a train station, bus shelters and trails and pathways. Policy 4.5: The OCP supports the development of a Local Service Area for street lighting within the core commercial area. The type of lighting to be used will be in keeping with the overall development objectives of the Plan, including maintaining the heritage character of the village, preventing light pollution, and providing for community safety. Policy 4.6: Access for the mobility challenged, and Community Safety through Environmental Design, will be considered for all public and transportation facilities, parks, commercial uses, industrial uses, institutional uses and multiple family residential uses. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 13 Policy 4.7: When an application is received to rezone land in Cobble Hill Village, the Regional Board will apply amenity zoning, whereby the land density is increased based on the provision of community amenities which enhance the character of Cobble Hill Village in accordance with Section 8 - Social Sustainability of the main OCP document. By applying amenity zoning: a. The CVRD may accept the provision of a community amenity contribution on the subject property or within the VCB; or b. The CVRD may accept cash-in-lieu of amenities, and subsequently provide community amenities within the VCB through a capital program. The CVRD may require the construction of the amenity or amenities by the developer prior to granting an occupancy permit, require the registration of a covenant on title to ensure the amenity is provided, include the amenity as a requirement in a housing agreement or require an irrevocable letter of credit equal to the value of the amenity or housing to be held as a security, to cover the costs of providing the amenity in the event of default. Amenities and public benefits will include items listed in Section 8- Social Sustainability in the main OCP document. Policy 4.8: The implementing Zoning Bylaw may provide for a density bonus zone, to encourage the provision of community amenities, whereby an additional density may be permitted on a parcel, in exchange for an amenity or amenities that enhances the Cobble Hill Village area. The required amenity will be stated within the implementing zoning bylaw and must be provided on the subject property, for the additional density to be granted. The CVRD may require the construction of the amenity or amenities by the developer prior to granting an occupancy permit, require the registration of a covenant on title to ensure the amenity is provided, include the amenity as a requirement in a housing agreement or require a letter of credit equal to the value of the amenity to be held as a security or cash if the amenity is not delivered. Policy 4.9: Lands within the Cobble Hill VCB are within a Development Approval Information (DAI) Area. Any application for rezoning of land that would increase density by 5 lots or more is subject to the provisions of the CVRD Development Information Approvals Bylaw (see Main OCP Document Section 25 – Implementing the Plan). Policy 4.10: The Cobble Hill Village Containment Boundary (VCB) is a foundation upon which the OCP is built. To ensure its effectiveness in preventing urban sprawl, any proposal to expand it will only be considered if consistent with the provisions of Sections 10.7 and 10.8 of the main OCP Document. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 14 SECTION 5: RESIDENTIAL DESIGNATIONS The guiding principles for the Cobble Hill Village area have indicated that Cobble Hill residents wish to have a balanced mix of residential uses, to better serve the interests of a diverse population in the future. Future residential development will be achieved through infilling in the existing residential areas. While most of the area will continue to accommodate a single family dwelling lifestyle, priority will also be placed on providing housing opportunities for working families and for seniors within the village area, through ‘aging in place’ developments and low-density multiple family housing. Lower residential densities will be encouraged farther from the core village commercial area; therefore to a large degree residential land use patterns will be influenced by existing land use patterns as well as a slow, steady population growth rate. Additionally, secondary suites and secondary dwelling units will be encouraged within principal single family dwellings. These diverse housing opportunities will serve to satisfy the needs of residents in terms of affordability, special needs, rental and seniors housing. The residential land use designations provided in this Section will accommodate housing demand for Cobble Hill Village to 2025. The designations are also intended to ensure the provision of a diverse range of housing, aimed at a diverse population, to ensure that seniors can remain in the community as their needs change, and families have the housing options they need. RESIDENTIAL DESIGNATIONS OBJECTIVES A. To provide a sufficient supply of housing to allow for anticipated growth to 2025; B. To provide incentives for developers to construct multifamily dwellings, and in turn have a more vibrant village centre; C. To ensure that housing is clustered and scaled to encourage the continued development and enjoyment of greenspace, parks trails and recreational lands; D. To provide for residential development as a logical extension of the existing community, which maintains the small scale, rural village character of the community and allows for a slow, steady population growth rate; E. To provide for a range of housing options to accommodate a diverse population composed of people from all age groups; F. To provide opportunities for affordable, special needs, and rental housing; G. To mitigate conflicts between different densities of residential development arising from height, massing, and design. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 15 5.1 VILLAGE RESIDENTIAL DESIGNATION POLICIES Policy 5.1.1: Lands designated as Village Residential (R) are shown on Inset C (Cobble Hill Village) of Schedule B – The Plan Map, and all are located within the VCB. Policy 5.1.2: Lands designated as Village Residential (R) will continue to be generally characterized by single family residential dwellings, whereby the implementing Zoning Bylaw may provide a variety of zones, including: a. A Village Residential Zone which will provide for a minimum parcel size of: i) 0.09 ha for parcels served by a community water system and a community sewer system; ii) 0.2 ha for parcels serviced by a community water system only, and iii) 2.0 ha for parcels not served by a community water system and community sewer system. b. A Suburban Residential Zone which will provide for a minimum parcel size of 2.0 ha or 0.4 ha where community water service is present. Policy 5.1.3: To provide an additional affordable housing option in Cobble Hill Village, one single family dwelling and one secondary suite or secondary dwelling unit will be permitted in the Village Residential Designation (R), provided that: a. The subject parcel is serviced by a community water system and a community sewer system, or b. The subject parcel is at least 0.4 ha in size and is serviced by a community water system. Policy 5.1.4: To encourage tourism opportunities, bed and breakfast operations will be permitted within the Village Residential Designation (R), provided that the bed and breakfast accommodation is contained within a principal single family dwelling and limited to not more than three rooms for guest accommodation. Policy 5.1.5: Daycare centres for up to 8 people, within principal single family residences, will be permitted within the Village Residential Designation (R), in accordance with the Community Care Facilities Act. Policy 5.1.6: The implementing Zoning Bylaw will allow for a home based business on a parcel within the Village Residential Designation (R), provided that off-street parking is provided and the use is consistent with the residential character of the neighbourhood. Uses that may be unsightly or create a nuisance by noise, dust, and odour will be prohibited within the Village Containment Boundary. Uses such as auto body repair shops, welding shops, heavy equipment repair, fabrication, and similar uses, or uses that could substantially increase traffic in residential areas, will be prohibited. Policy 5.1.7: Limited agriculture will be a permitted use in portions of the Cobble Hill Village that are zoned as Village Suburban Residential 2 and this will permit limited agriculture as an accessory use in accordance with general regulations in the implementing zoning bylaw. Policy 5.1.8: In recognition of the need for greater food self-sufficiency and security: a. Limited agriculture will be permitted on parcels over 0.4 hectares in area in the Village Residential Designation (VR), with setbacks provided to ensure that the rural residential lifestyle of residents is protected; b. Backyard chickens may be permitted in the Village Residential Designation (VR) within Cobble Hill, with restrictions concerning the number and sex of fowl, setbacks CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 16 requirements and other regulations intended to minimize the potential for nuisance to be specified in the zoning bylaw. Policy 5.1.9: Notwithstanding Policy 5.2.2, parcels within the Village Residential Designation (R) may be rezoned to a more compact form of low density multiple family or intensive residential development, such as apartments, row houses, patio homes or townhomes, through rezoning, without an amendment to the official community plan, subject to the following: a. The maximum density does not exceed 20 units per ha; b. A community sewer system and a community water system is provided; c. The proposed residential development maintains the continuity, form and heritage character of the community and is in keeping with the small scale, rural village character; d. The development will preserve natural environment features and open space areas; e. Community amenities, that enhance the character of the community, in accordance with Section 8 - Social Sustainability of the main OCP document, are provided; f. Public trails are provided to ensure convenient access from the commercial core area to outlying parcels; g. A gradual phasing of development is considered for the village area; h. For parcels that adjoin industrially zoned lands, landscape buffers are required to mitigate potential impacts from industrial uses. Policy 5.1.10: To provide for additional housing over the long term, Lands zoned as R-2 (Suburban Residential Zone) may be rezoned to R-3 (Village Residential Zone) provided that substantial infill has occurred within the village residential areas closer to the village core, and the following criteria are respected: a. The proposed residential development reflects and maintains the continuity, form and character of the community and is in keeping with the small scale, rural village character; b. The proposed housing will accommodate a diverse community and supply the housing needs of a diverse population; c. The development will be serviced by a community water system and a community sewer system; d. The development will preserve natural environment features and open space areas; e. Public trails, parks and walkways form an integral component of the proposed development; f. Community amenities, that enhance the character of the community, in accordance with Section 8 - Social Sustainability of the main OCP document, are provided; g. Treed buffers that are a minimum width of 15 metres are provided on residential lands that adjoin village industrial land uses. Policy 5.1.11: Despite their designation as Village Residential on Schedule B, the parcels of land located to the north of Fairfield Road and south of Fisher/Ball Roads in Cobble Hill may be zoned CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 17 for light industrial purposes, but should the owners of any of these parcels wish to revert to a residential use, this would be possible without amendment to this Plan, however, a zoning application will be required. Policy 5.1.12: Lands within the Village Residential Designation (R) are subject to the guidelines within Section 10 - Cobble Hill Village Development Permit Area. Policy 5.1.13: Despite their designation as Village Residential on Schedule B of this Plan, Lots 5 and 7, Section 13, Range 6, Shawnigan District, Plan VIP1986 and Lot 1, Section 13, Range 6, Shawnigan District, Plan VIP32383 may be zoned either for residential purposes or light industrial purposes, without amendment to this Plan. Policy 5.1.14: Lot 6, Section 13, Range 6, Shawnigan District, Plan VIP1038 may be zoned as a comprehensive development in order to encourage the creation and maintenance of a buffer between the industrial activities to the east of the subject land, with provisions in the comprehensive zone for amenity zoning respecting this buffer area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 18 5.2 MIXED USE RESIDENTIAL DESIGNATION POLICIES Policy 5.2.1: Lands designated as Mixed Use Residential (MUR) are shown on Inset C to Schedule B – The Plan Map. They are located on the south side of Heigh Street, and are in close proximity to institutional and commercial uses. Policy 5.2.2: The Mixed Use Residential Designation provides for a gradual increase in commercial activity in Cobble Hill Village, by providing a commercial option within a residential area, while still allowing for a principal single family residential use. Policy 5.2.3: Within the Mixed Use Residential Designation (MUR), the implementing Zoning Bylaw will allow for: a. a principal single family dwelling, or b. a village commercial use on the main or ground floor of a building, with a residential use located above the commercial use. Policy 5.2.4: Restaurants in the Mixed Use Residential Designation (MUR) are required to provide for seating at tables for patrons, and drive-thru features are strictly prohibited. Policy 5.2.5: Development in the Mixed Use Residential Designation (MUR) will maintain and promote the unique heritage and rural character of Cobble Hill Village. Policy 5.2.6: Lands within the Mixed Use Residential Designation (MUR) are subject to the guidelines within Section 10 - Cobble Hill Village Development Permit Area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 19 5.3 MANUFACTURED HOME PARK DESIGNATION POLICIES Policy 5.3.1: Lands designated as Manufactured Home Park Residential (MP) are shown on Inset C (Cobble Hill Village) to Schedule B – the Plan Map. Policy 5.3.2: Within the Manufactured Home Park Residential Designation (MP), the implementing Zoning Bylaw will allow for a maximum residential density of 15 units per hectare. Policy 5.3.3: In recognition of the need for greater food self sufficiency and security, community gardens are encouraged within the Manufactured Home Park Residential Designation (MP). Policy 5.3.4: Development within the Manufactured Home Park Residential Designation (MP) will be required to comply with the Regional District Mobile Home Park Bylaw. Policy 5.3.5: The existing manufactured home park in Cobble Hill Village is an essential component in providing for affordable and rental housing in Cobble Hill Village. Therefore, the Board will not look favorably upon rezoning applications that could potentially eliminate this form of housing. Should an application to change a manufactured home park use be made, the CVRD Manufactured Home Park Re-Development Policy (Board Resolution No. 08-055) would apply. Policy 5.3.6: The CVRD will not support bare land strata subdivisions within the Manufactured Home Park Designation (MP). CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 20 SECTION 6 COMMERCIAL DESIGNATIONS The OCP reinforces Cobble Hill Village as the primary Electoral Area C commercial core area, and provides a policy framework to ensure that commercial uses and densities are consistent with the small scale, heritage and agricultural character of the village area. This Section of the OCP provides for two commercial designations: Village Commercial (C), for the core retail commercial area of the village, and Mixed Use Commercial (MUC), to provide for a multiple family residential, commercial or mixed use development close to the commercial core. It is anticipated that, together, these commercial designations will contribute to the vibrancy of the village and will help to guide the community into more of a complete one, where local shopping and services may be found in close proximity to a diverse population. This aim will be supplemented by allowing for residential units to be located above a commercial use, while being cautious at the same time to ensure that heights and massing are consistent with the existing village community. The designations are aimed at improving the local economy by ensuring that there are a broad range of commercial uses permitted in the village area, and that the uses are compatible with the surrounding residential and agricultural community. Strict guidelines, unique to Cobble Hill Village, are established in Section 10, are provided to ensure that new development is consistent with the rural and heritage character of the village area. The types of commercial development found to be desirable to residents through the public input process include uses such as a bakeries, restaurants, a museum, farmers market/open markets, tea rooms, coffee shops, restaurants, banks/credit unions, boutiques, and medical offices, among others. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 21 COMMERCIAL DESIGNATIONS OBJECTIVES A. To encourage a vibrant and active commercial area in Cobble Hill Village; B. To improve the aesthetic character of the commercial core, and ensure that commercial establishments are in keeping with the small scale, village atmosphere; C. To encourage residential development above commercial businesses and provide for a more vibrant commercial/residential mix in the core area; D. To improve the local economy, and raise quality of life by increasing commercial opportunities and employment within Cobble Hill Village; E. To encourage a farmer’s market, restaurants and other businesses that support agriculture; F. To ensure that commercial uses are located in the core area of the community, where they can be serviced efficiently and are accessible by alternative transportation modes such as cycling, walking and public transit; G. To ensure that commercial activities enhance the small scale, heritage and agricultural character of Cobble Hill Village; and H. To encourage a complete village area where there is a healthy mix of commercial and residential development. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 22 6.1 VILLAGE COMMERCIAL DESIGNATION POLICIES Policy 6.1.1: Lands designated as Village Commercial (C) are shown on Inset C to Schedule B – the Plan Map, and all are within the VCB. Policy 6.1.2: Within the Village Commercial Designation (C), the implementing Zoning Bylaw will provide a variety of zones to permit a diverse range of small-scale commercial uses, including but not limited to bakeries, restaurants, museums, coffee shops, banks/credit unions, hair dressing salons, retail stores, doctor’s offices, retail outlets, offices and boutiques. Policy 6.1.3: The commercial core area will be expanded by way of rezoning applications to include lands that are located west of Holland Avenue and south of Fairfield Road. These lands are zoned as residential at the time of OCP adoption, in order to accommodate the existing residential dwellings during the transition of the area to a commercial use. Rezoning applications to provide a commercial use will be subject to the following criteria: a. The subject parcel is serviced by a community water system and a community sewer system; b. The site is developed in a manner which is harmonious with adjacent development with respect to scale, building height and overall appearance. c. The development will preserve natural environment features and open space areas; d. Community amenity contributions, that benefit the community in accordance with Section 8 Social Sustainability of the main OCP document, are provided; and e. Public trails and walkways are provided. Policy 6.1.4: The Village Commercial Designation (C) will encourage a vibrant, active village core by allowing for residential units above the commercial uses. Commercial businesses will be located on the ground floor with commercial uses or residential apartments above, provided that: a. The development is serviced by a community water system and a community sewer system; b. The residential units are located above the commercial use, and not on the ground level or main floor; c. The height and scale of the development is in keeping with the small scale, rural heritage character of Cobble Hill Village. Policy 6.1.5: A neighbourhood pub use will be permitted in the Village Commercial Designation (C) but requires a separate zone. Rezoning proposals to consider a proposed neighbourhood pub use will be considered based upon the following criteria: a. There should be clear evidence that there is a local demand for a new neighbourhood pub facility; b. The neighbourhood pub should not generate excessive traffic on local residential roads and should not create traffic safety problems; c. The neighbourhood pub must be serviced by a community water system and a community sewer system; CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 23 d. The site is developed in a manner which is harmonious with adjacent development with respect to scale, building height and overall appearance; e. Community amenity contributions, that benefit the community in accordance with Section 8 Social Sustainability of the main OCP document, are provided; and f. Public trails and walkways are provided. Policy 6.1.6: Lot 1, Plan 16616, Section 12, Range 5, Shawnigan District, on Fisher Road and Heigh Street ,will be designated as Village Commercial(C), but zoned Service Commercial in the implementing Zoning Bylaw, to accommodate the existing service station. Policy 6.1.7: Lots 1 and 2, Plan 1986, Section 13, Range 6, Shawnigan District will be designated as Village Commercial (C), but will require a separate zone to encourage commercial uses and/or a business park use. Policy 6.1.8: Restaurants in the Village Commercial Designation (C) are required to provide for seating at tables for patrons, and drive-thru features are strictly prohibited. Policy 6.1.8: New commercial development will be encouraged to provide outdoor public space opportunities in order to provide an inviting and welcoming ambiance in Cobble Hill Village. Policy 6.1.9: The development or improvement of walkways or trails will be required within the commercial core area as development or redevelopment proceeds. Policy 6.1.10: Development within the Village Commercial Designation (C) will be subject to the guidelines within Section 10 - Cobble Hill Village Development Permit Area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 24 6.2 MIXED USE COMMERCIAL DESIGNATION POLICIES Policy 6.2.1: Lands designated as Mixed Use Commercial (MUC) are shown on Inset C (Cobble Hill Village) to Schedule B – the Plan Map. Policy 6.2.2: Within the Mixed Use Commercial Designation (MUC), the implementing Zoning Bylaw will allow for: a. A range of commercial uses similar to those permitted in the Village Commercial (C) areas; b. A low density multiple family residential use, not exceeding 20 units per ha; or c. A mixed use development with commercial uses on the main or ground floor and residential units above. Policy 6.2.3: Within the Mixed Use Commercial Designation commercial/residential developments are subject to the following criteria: (MUC), mixed a. Connection to a community water system and community sewer system is required; b. The residential units must be located above the commercial use, and not on the ground level or main floor; c. The height of the development is in keeping with the small scale, rural heritage character of Cobble Hill Village; d. The development is integrated within the Cobble Hill core area through public space areas, roads or trails, and is an integral part of the village area. Policy 6.2.4: Restaurants in the Mixed Use Commercial Designation (MUC) are required to provide for seating at tables for patrons, and new drive-thru features are strictly prohibited. Policy 6.2.5: Development within the Mixed Use Commercial Designation (MUC) is subject to the guidelines within Section 10 - Cobble Hill Village Development Permit Area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 25 SECTION 7.0 INDUSTRIAL DESIGNATION Light industrial uses will continue to be located in the northeast portion of Cobble Hill Village. A major challenge for Cobble Hill is planning for industry in close proximity to the residential core of Cobble Hill Village, in a way that impacts are mitigated. The OCP provides for industrial uses that may enhance the village character by providing employment opportunities within the local community. Emphasis will be placed on high technology industry, offices, wholesale outlets and local resource industries – including the secondary manufacturing of forest and agricultural products. As agriculture undergoes a transition to greater production of fruits and vegetables, it is anticipated that the potential exists for the further processing and storage of goods originating from the surrounding community. It is also likely, as the population grows, that there will be an expansion of service industries catering to the needs of South Cowichan residents and businesses. Office uses will be encouraged, to accommodate the private sector as well as government agencies, should the provincial government seek to regionalize offices to reduce greenhouse gas emissions. Due to the location of the industrial area in relation to the village core, industrial uses that could potentially create a nuisance by noise, smell, vibration or appearance are not supported. INDUSTRIAL DESIGNATION – OBJECTIVES A. To encourage a strong, diverse local economy, and raise quality of life by providing a local employment base; B. To encourage the light industrial secondary manufacturing of forest and agricultural products; C. To encourage service industries, including provincial government offices, to locate in Cobble Hill Village; D. To ensure that industrial uses are complementary to the clean, quiet village ambiance of Cobble Hill and that the rural character of the village is protected; and E. To ensure that guidelines are established for the form and character of industrial development, to mitigate land use conflicts, protect the natural environment, and guide the form and character of industrial development. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 26 VILLAGE INDUSTRIAL DESIGNATION POLICIES Policy 7.1: Lands designated as Village Industrial (I) are shown on Inset C (Cobble Hill) to Schedule B - The Plan Map. Policy 7.2: The Village Industrial Designation (I) is intended to assist in the provision of a strong, diverse local economy, and allow for uses that are compatible with the rural Cobble Hill Village setting. While this Plan provides for one Village Industrial Designation (I), the implementing Zoning Bylaw may provide a variety of zones for different uses and combinations of uses, including agricultural processing, secondary forestry manufacturing, offices, high-tech industries, business parks and other clean industrial uses. Priority uses will include clean industries that utilize natural resources from the area, and provide local employment opportunities. Policy 7.3: Within Village Industrial Designation (I), the implementing Zoning Bylaw will provide a minimum parcel size of not less than: a. 0.2 ha for parcels served by a community water system and a community sewer system; b. 0.4 ha for parcels served by a community water system only; and c. 0.8 ha for parcels served neither by a community water system nor a community sewer system. Policy 7.4: Within the Village Industrial Designation (I), the implementing zoning Bylaw will provide a Mini-Storage Industrial Zone to accommodate the indoor mini-storage facility on Parcel A, Block 1475, Section 12, Range 3, Shawnigan District Plan FB153508 on Fisher Road while prohibiting the outdoor storage of boats, travel trailers and recreational vehicles. Policy 7.5: All industrial uses will be carried out inside of an enclosed building, except for storage of materials, gardening supplies and motor vehicles. Policy 7.6: For new industrial development on parcels that adjoin residential zoned lands, buffer areas must be provided to mitigate potential impacts on residential neighbourhoods. Policy 7.7: Development in the Village Industrial Designation (I) will be subject to the guidelines within Section 10 – Cobble Hill Village Development Permit Area, to ensure that they are clean and unobtrusive, respect the natural environment, and benefit and enhance the village area. Strict design, road access, screening, buffering, and environmental protection will be required. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 27 SECTION 8 PARKS AND INSTITUTIONAL DESIGNATION This Section focuses on existing and future parks and institutional uses in Cobble Hill Village. As the community grows, it will become even more important to ensure that a variety of recreational uses and trails are provided, and that appropriate institutional uses, such as schools and community halls, are encouraged to provide for the needs of residents. Cobble Hill Village is fortunate to have a wide array of existing institutional uses. The Farmer’s Institute is a leading asset that has provided community gathering place for many years, and has helped to bolster Cobble Hill’s agricultural reputation. The hall and grounds provide significant green space, and helps to make Cobble Hill what it is today. The Cobble Hill Post office and the Baptist heritage church are also important institutions that contribute to ‘sense of place’ and encourage community interaction. Evergreen School and Cobble Hill School provide employment opportunities, public interaction, and local education for children in the area. There are currently several parks within the Cobble Hill VCB: Galliers Road Park, Memorial Park, Watson Park, Cobble Hill Common, Fairfield Road Park and West Fairfield Park. It is anticipated that Cobble Hill Village will increase its parks holdings and will continue to develop parks. Galliers Road Park is a 0.4 ha neighbourhood park with a playground, basketball court, trails, parking, and washroom facilities. This park was purchased by the CVRD in 2001 and developed by 2007. Memorial Park is a commemorative park dedicated to those who fought in World War 1. The cenotaph at this site was established in 1920 and later included the names of those who fought in World War 2. The park was revitalized in 2009 through a Veterans Affairs grant. Watson Park, 2.15 hectares in size, was acquired through subdivision in 1991 and 2008 and is a wetland area providing wildlife habitat and environmental features. It was identified in the 2004 Sensitive Ecosystem Inventory (BC Ministry of Environment) as a Wetland Ecosystem which is characterized by seasonal or year-round water. Construction of a community boardwalk/trail on the south side of the wetland began in 2011 to provide a pedestrian connection from the village core to Twin Cedars subdivision. Cobble Hill Common is the former highways works yard, located at the junction of Fisher Road and Holland Road. This park will be the subject of a public process to determine future development options. Future recreational and institutional development will include community amenities that are acquired through amenity zoning or purchase. Fairfield Road Park is a 3.31 ha park located south of the Cobble Hill CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 28 Elementary School. It is under lease from the Province. In 2008 a trail was constructed connecting Fairfield Road to the school. West Fairfield Park is a small 0.05 ha park dedicated through subdivision in 2008. There are currently no amenities on the site. PARKS AND INSTITUTIONAL DESIGNATION – OBJECTIVES A. To promote a healthy, vibrant and aesthetically pleasing community with an abundance of indoor and outdoor public and open spaces; B. To promote a healthy, vibrant and diverse community where residents have access to the institutions and services they need; C. To provide new parkland and maintain and improve existing parks, including Galliers Road Park and Memorial Park, for the leisure and enjoyment of residents and visitors; D. To provide a trail network that is aesthetically pleasing and encourages walking and cycling, between residential neighbourhoods and commercial, industrial, institutional and recreational areas; E. To recognize and encourage the positive influence of the Farmer’s Institute, Cobble Hill School, Evergreen School, and other institutional uses on the village community; F. To enhance and improve community interaction and vibrancy, by providing additional parks and institutional uses. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 29 FIGURE 8A CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 30 PARKS AND INSTITUTIONAL DESIGNATION - POLICIES Policy 8.1: Parcels designated as Parks and Institutional (PI) are delineated on Inset C (Cobble Hill Village) to Schedule B – the Plan Map. Policy 8.2: Notwithstanding Policy 8.2.1, to facilitate the acquisition of parkland, parks are permitted in any land use designation and any zone throughout the Plan area. It is recommended that the OCP be updated annually to designate new parks that have been acquired. Policy 8.3: Institutional Uses within the Cobble Hill Village Containment Boundary will be designated as Parks and Institutional (PI) on the Plan Map, and the Zoning Bylaw will allow for a variety of institutional zones. Policy 8.4: The Cobble Hill Common, located at the junction of Holland Avenue and Fisher Road, will be zoned as Village Institutional, to allow for a range of institutional uses, including a village green type park, a community service or recreation centre, and an affordable housing project. Development at this site will be determined through a public process, and may be rezoned to allow for a variety of shops, residences and parkland infrastructure: Policy 8.5: The CVRD will continue to maintain and improve Galliers Road Park, including the basketball court, playground, picnic area, walking trails, and restroom facilities within the park, for the recreation and enjoyment of residents and visitors. Policy 8.6: The CVRD will continue to maintain and improve Memorial Park as a gathering place during Remembrance Day and other celebrations, as this park has historical and cultural significance to the community. Policy 8.7: The Plan area is considered a potential park acquisition area. At the time of subdivision, the CVRD will continue to acquire parkland in accordance with Section 941 of the Local Government Act, whereby the owner of land subject to a subdivision application shall, at the discretion of the CVRD: CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 31 a. Provide, without compensation, community recreation parkland at a minimum of five percent of the parent parcel size and in a location acceptable to the Regional District; or b. Pay to the CVRD an amount, at a minimum of 5% of the land value based on the most recent appraised value, as per the provisions of the Local Government Act. The Board will only consider parkland explicitly accepted as such, counting towards the 5% park dedication required by the Local Government Act. Lands such as environmental buffer areas and streamside protection and enhancement areas will not be counted in the 5% calculation. Policy 8.8: The Electoral Area C - Cobble Hill Community Parks and Trails Master Plan (CVRD: 2011) provides CVRD policies for the Plan area with respect to: a. Priorities for community park land acquisitions in Cobble Hill; b. Priorities for various types of parks and recreational amenities, such as outdoor recreation areas (i.e., sports fields) and playgrounds; c. Upgrading priorities for existing parks; d. Provisions for protecting special environmental features in parks; e. Protection of parkland from invasive plants; f. The possibility of developing the park in cooperation with local clubs, residents or senior governments; and g. Encouragement and support volunteer assistance in the acquisition, development and management of community parks and trails. Policy 8.9: The Regional District will place high priority on establishing an efficient trail and pathways network through the village from Quarry Nature Park to Cobble Hill School, with linkages to commercial and residential areas. Policy 8.10: The CVRD will provide the Provincial Government with an expression of interest in any provincially held lands to be declared surplus within the Village Plan area; Policy 8.11: The CVRD will work with School District No. 79 in the acquisition of future school sites. Potential school sites acquired through rezoning will be dedicated to the CVRD, which in turn will lease such sites to School District No. 79. This is intended to ensure that school sites acquired for public school purposes remain in community ownership in the event that such sites are deemed no longer required for school purposes. Policy 8.12: School District #79 is encouraged to continue to make school buildings and adjacent school ground properties available for recreation, cultural activities, community activities and educational programs during non-school hours. Policy 8.13: The CVRD will pursue the development of a resource centre or activity centre in Cobble Hill Village area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 32 SECTION 9: VILLAGE AGRICULTURAL DESIGNATION The Village Agricultural Designation (A) applies to a parcel of land on the north side of Fisher Road. Although the parcel is within the Village Containment Boundary, it is also in the Agricultural Land Reserve. A farm use on this parcel is consistent with the agricultural heritage of the village, and therefore agriculture will continue to be supported. Agriculture is an important sector of the economy, as well as being essential to the rural ambiance and beauty of the landscape. A primary goal of the OCP is to protect agricultural resource lands and the agricultural industry. VILLAGE AGRICULTURAL DESIGNATION OBJECTIVES A To encourage a thriving agricultural industry with a wide range of agricultural and related uses; B To encourage Vancouver Island food self sufficiency; C To provide opportunities for a healthy, high quality diet for the community and visitors; D To ensure that sufficient lands are available to attract new farmers and allow the agricultural industry to grow; E To encourage environmentally friendly agricultural practices, including improved water management for agriculture; F To encourage agricultural operations that practice sustainable agriculture; and G To minimize the potential for land use conflicts between agricultural and other land uses. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 33 VILLAGE AGRICULTURAL DESIGNATION POLICIES Policy 9.1: Lot 8, Section 13, Range 6, Shawnigan District Plan 1986 is designated as Village Agricultural (A) and shown on Inset C to Schedule B – the Plan Map. Policy 9.2: To promote agriculture, all lands within the Village Agricultural Designation (A) will be zoned as A-1 “Agricultural Resource” in the implementing Zoning Bylaw. Policy 9.3: ALR subdivision applications which are subject to CVRD bylaws will only be forwarded to the ALC if: a. The minimum parcel size regulation is complied with; or b. If the minimum parcel size regulation is not complied with, if the ALR applicant has also applied for the necessary bylaw amendments and these have received at least first reading. Policy 9.4: ALR non-farm use applications will only be forwarded to the ALC if: a. The proposed non-farm use complies with CVRD bylaws; or b. If the proposed non-farm use does not comply with CVRD Bylaws, if the ALR applicant has also applied for the necessary bylaw amendments and these have received at least first reading. Policy 9.5: Poor capability climate and soil constraints should not be considered a viable reason to contemplate subdivision or removal of land from the Village Agricultural Designation (A). Lower capability lands should be used for pasture, farm buildings, feedlots, greenhouses, farm reservoirs, wood lots or other uses accessory to the farm operation but not requiring arable land. Policy 9.6: In addition to the principal dwelling, the Regional Board may permit one additional dwelling for farm help, subject to compliance with the following criteria: a. The parcel must have farm classification on BC Assessment Authority records; b. the parcel must be used as a bona-fide farm; c. the additional dwelling must not exceed 74 m2, and be located away from and otherwise not interfere with useable farm land; d. A farm plan, prepared by an Agrologist, that clearly justifies the additional dwelling in terms of the needs of the farm, must be provided to the CVRD Board. The additional dwelling must be necessary for the overall operation of the farm. The scale of the farm operation must warrant the additional dwelling. Policy 9.7: Farm gate sales, in accordance with the Agricultural Land Commission Act, are encouraged, provided that they provide adequate off-street parking, and are confined to the sale of agricultural products, including value-added agricultural products, grown on the farm. Policy 9.8: Section 23.2 - Agricultural Protection Development Permit Area will apply to nonfarm uses in the Village Agricultural Designation and to residential lands adjoining the Village Agricultural Designation, to protect agricultural lands from non-farm uses and reduce the potential for land use conflicts between residential and agricultural uses. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 34 Policy 9.9: The OCP strives to ensure that long term environmental quality is not sacrificed for short term benefits, therefore: a. Agricultural practices that involve the use of trans-species genetically modified organisms and promote monopolization through the patents of multinational biotech firms , are discouraged; b. Non-genetically modified, traditional and organic agriculture is encouraged; c. Seed exchanges and the diversification of crop varieties is encouraged; and d. Farmers and senior governments are encouraged to improve agricultural sustainability by undertaking environmental farm planning programs. Policy 9.10: Most horticultural crops require some form of irrigation, and withdrawals from groundwater sources are currently unregulated. To ensure that agricultural enterprises have access to sufficient water and water conservation capabilities, the CVRD will work with senior governments and the farming community toward development of a water distribution and conservation strategy, which includes at a minimum: a. Guidelines for the provision of off-stream water retention areas on farms, to store winter water runoff for summer irrigation purposes; b. A groundwater licensing and metering strategy; c. Guidelines promoting water conservation, such as drip irrigation rather than spray irrigation; d. An examination of ways to improve access to water for farmers. Policy 9.11: Agri-Tourism, such as winery tours and facilities, farm tours, and other activities that support agriculture and tourism, will be supported. Policy 9.12: All objectives and policies in the OCP relating to lands within the Agricultural Land Reserve will be consistent with the provisions of the Agricultural Land Commission Act, regulations thereto, and orders of the Land Commission. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 35 10 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA Development permit powers allow for site-specific planning of development, which supplements what can be achieved through Official Community Plan designations and policies, and zoning bylaw regulations. Within the Cobble Hill Village Development Permit Area, a development permit will be required before a building permit can be issued, a subdivision can be approved or in some cases before vegetation and land can be altered. The Cobble Hill Village Development Permit Area contains guidelines respecting a number of important matters, which are described in some detail in the “Justification” section below. This development permit area contains provisions to ensure that Cobble Hill Village develops in a manner that enhances and does not negatively impact the rural, village characteristics of the community. 10.1 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA: ESTABLISHMENT The Cobble Hill Village Development Permit Area has been established pursuant to Section 919.1 of the Local Government Act for the following purposes: • Protection of the natural environment, its ecosystems and biological diversity; • Protection of development from hazardous conditions; • Protection of farming; • Revitalization of an area in which a commercial use is permitted; • Establishment of objectives for the form and character of intensive residential development; • Establishment of objectives for the form and character of commercial, industrial, and multiple family residential development; • Establishment of objectives to promote energy conservation; • Establishment of objectives to promote water conservation; and • Establishment of objectives to promote the reduction of greenhouse gas emissions. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 36 10.2 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA: JUSTIFICATION a. Agriculture is a vital part of the local economy and an important element in regional sustainability and food security. The agricultural land base should not be compromised by the inappropriate location of residential buildings on the land. b. Non-farm uses located close to agricultural land can lead to land use conflict due to external effects of agriculture, including noise, odours, dust, and the operation of farm machinery and equipment. Conversely, adjacent non-farm uses can lead to farm trespass, vandalism to farm crops and equipment, disturbance to farm animals and litter. Sensitive site design can reduce the potential for such conflicts. c. The Trans Canada Highway, Cobble Hill Road, Hutchinson Road and Fisher Road are Major Network Roads, identified on Figure 18A in Section 18 Transportation of the main OCP document. It is important to maintain an attractive, welcoming landscape along these corridors for visitors and residents alike, and the development in these areas should be well adapted to road traffic safety as well as that of pedestrians and cyclists. d. Cobble Hill Village is noted for exceptional green space and visual beauty. Retention of the small-scale heritage character of the community is paramount. e. The design of all commercial, mixed use, intensive residential, multiple family residential and light industrial structures must complement the community’s expectations for visual quality, safety and be compatible with surrounding land uses. f. The mixed use residential area, which permits both commercial and residential uses, is in a predominantly single family residential neighbourhood. The transition to commercial use must be done in a manner that does not negatively impact the neighbourhood. g. The development of new trails and walkways is important for healthy, sustainable communities. An objective of the Cobble Hill Village Development Permit Area is to encourage the expansion of existing trails and walkways adjacent to highway corridors. h. Pedestrian activity, safety and comfort must be encouraged through good design. i. All developments need to be adequately landscaped and, for potentially unsightly uses, be screened. j. Invasive weeds pose a threat to the natural environment that the OCP seeks to protect. k. Energy efficiency, environmental protection and water conservation are fundamental values of this community. l. The OCP aims to provide greater protection of eagle, hawk, owl, osprey, peregrine falcon and Great Blue Heron nest sites from direct and indirect development. These species are sensitive to disturbance around their nest sites. The Ministry of Environment recommends buffer areas surrounding these trees. m. The aquifer underlying Cobble Hill requires protection. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 37 n. The province of British Columbia’s Riparian Areas Regulation (RAR), under the Fish Protection Act, aims to protect fish habitat. This regulation requires that residential, commercial or industrial development as defined in the RAR, in a Riparian Assessment Area near freshwater features, be subject to an environmental review by a Qualified Environmental Professional (QEP). o. Sensitive ecosystems are relatively unmodified, rare and fragile ecosystem types identified in the BC Sensitive Ecosystem Inventory (1997). These areas are provincially designated, fragile and rare. The importance of protecting these remaining ecosystems cannot be overstated. p. Careful development is necessary for hazardous lands that may pose a potential threat to life and property in the Plan area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 38 10.3 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA: APPLICABILITY The Cobble Hill Village Development Permit Area applies to all lands in the Cobble Hill Village area as delineated in this Plan. This Development Permit Area provides guidelines for a wide variety of types of development throughout Cobble Hill Village. It is important to understand that no one site in the village area will be simultaneously subject to every single guideline in the section that follows. Unless specifically exempted in Section 10.4 below, a development permit is required prior to undertaking any of the following activities: • • • • • • • • • • removal, alteration, disruption or destruction of vegetation, outside of the Agricultural Land Reserve; disturbance of soils, outside of the Agricultural Land Reserve; construction or erection of buildings and structures; creation of nonstructural impervious or semi-impervious surfaces; flood protection works; construction of roads, trails, docks, wharves and bridges; provision and maintenance of sewer and water services; development of drainage systems; development of utility corridors; subdivision as defined in section 872 of the Local Government Act. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 39 10.4 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA: GUIDELINES AND EXEMPTIONS Prior to commencing any development, including subdivision, construction or land clearing, on lands within the Cobble Hill Village Development Permit Area, the owner will submit information that demonstrates how the proposed development meets the guidelines in the following sections. 10.4.1A General Guidelines 1. In all cases where a development permit is required, the eradication of invasive weeds, such as English Ivy, Scotch Broom, Gorse, Himalayan Blackberry, Morning Glory and Purple Loosestrife, and other non-native invasive weeds listed by the Coastal Invasive Plant Committee and the BC Landscape and Nursery Association, will be a requirement of the development permit. 2. In all cases where a development permit is required, the best management practices within the Ministry of Environment’s Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia will be encouraged. 3. Where the Regional District considers that construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrent, erosion, landslide, rock falls, subsidence or avalanche, the applicant may be required to provide a report certified by a professional engineer with experience in geo-technical engineering indicating that the development will not result in property damage or the loss of life on the site or in the surrounding area. 10.4.1B General Guideline Exemptions The General Guidelines do not apply to development that does not require a develop permit under Sections 10.4.2 through 10.4.11. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 40 10.4.2 A Agricultural Protection Guidelines The Agricultural Protection Guidelines apply to development of non-agricultural uses on lands within the Village Agricultural Designation and to buildings and structures that are located within 30 metres of a parcel of land designated as agricultural. 1. Residential buildings will be located in such a way as to not impinge on the ability to farm the land. This means that the residence will not be centrally located in the middle of a highly productive soil polygon as shown on the agricultural capability mapping or as evidenced in a field observation, but rather will be located on soils that have lower agricultural potential. This will result in homes being located close to the fronting public road, with minimal driveway intrusion into and across the parcel. It may also mean that a residence is located on higher ground which has lower agricultural potential, wherever on a parcel this may be located. 2. Accessory buildings will be located similarly to residential buildings, except for agricultural accessory buildings, which are exempt from this development permit process. 3. Driveways will be placed on the land in such a way as to minimize the impact upon present and potential future farming. 4. The footprint on the ground of the proposed buildings may be limited if they are to be located on lands with high agricultural capability. 5. Principal buildings and structures adjacent to lands designated as Agricultural should be located as far away from the edge of the Agricultural Designation as possible, without unduly impacting on the usefulness of the lot. 6. Any subdivision next to agricultural land should be designed to gradually reduce densities and the intensity of uses toward the boundary of the Agricultural land. 7. Road endings should not be located in close proximity to agricultural lands, unless they are part of the Major Road Network Plan. 8. A continuous 15 metre wide landscape buffer area should be provided between residential, commercial, industrial and institutional development and lands in the Agricultural Designation. Buildings and structures should not be located within the buffer area, in order to reduce potential for landuse conflicts to arise. A restrictive covenant, registered in the Land Title Office, may be required to ensure that the required buffer is maintained. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 41 9. Landscaping will be provided with trees as a major landscaping component, as well as dense vegetation, within the required landscaped buffer. Mature trees existing at the time of application within the buffer area should be preserved. A majority of the plant material selected should be low maintenance, indigenous vegetation and should be able to survive with little or no fertilizers. Guidelines contained in the B.C. Agricultural Land Commission's report: Landscaped Buffer Specifications should be respected. 10. Walkways, bikeways or passive recreational uses (such as picnic areas and lookout areas) should not be permitted within the landscaped buffer. 10.4.2 B Agricultural Protection Guideline Exemptions The Agricultural Protection Guidelines do not apply to: a. Interior renovations of existing buildings; b. Minor renovations or alterations of existing uses, buildings and structures; c. Agricultural uses; d. Fences. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 42 10.4.3 A Building Design Guidelines The Building Design Guidelines apply to commercial, industrial, mixed use and multiple family residential development and their accessory buildings and structures. 1. Commercial, industrial, mixed use and multiple family residential buildings should demonstrate a range of architectural features and designs that reflect the unique heritage of Cobble Hill Village. These features may include bay windows; corner accents such as turrets or protruding balconies, gabled rooflines, canopies and overhangs; masonry treatments such as ceramic tile inlays, paving stones, brick patterns; artwork, trellises or arbours. 2. A mix of natural exterior finish materials will be required. Examples are board and battens, clapboard, shingles, shakes, stonework and wood finishes. Buildings will be designed in keeping with the west coast climate with particular attention given to rain related design with overhangs to protect walls and windows. 3. The design of buildings should acknowledge the influence of sunlight during the day and seasonally, and take advantage of natural light as well as acknowledging architectural, design and heritage features. 4. Buildings should be sited and oriented to reduce overshadowing effects on surrounding buildings and open spaces. 5. Buildings should not dominate or overpower a neighbourhood but should be located on parcels in such a way as to minimize impacts upon the privacy of any adjacent residential areas. 6. The visual mass of large buildings should be reduced by creating variation, for example by separation into smaller groups or clusters of units. Monolithic structures and long expanses of blank walls, or bare walls facing a street, will be avoided. 7. Commercial and mixed use buildings should be located as close to the street line as possible to take advantage of the street frontage making the use and the street an active and dynamic place. 8. Shop fronts should have prominent entrances, narrow frontages, and largely transparent store fronts, where internal uses are visible from the street. These shops may, where appropriate, extend onto a terrace or public area. 9. Residential uses located in commercial buildings will only be permitted on the upper floors of the building. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 43 10. Where both residential uses and commercial uses are permitted, entrances should be differentiated architecturally, with residential entrances being less prominent. Side access should primarily be for residential uses above commercial, except where a lot is situated on a corner, where residential access will be encouraged to be from the rear. 11. Multiple family residential and mixed use developments should be sited and oriented for residential units to overlook public streets, parks, walkways and green spaces while ensuring the security and privacy of building residents. 12. Where new construction of industrial, multiple family, mixed use or commercial development could potentially block an attractive view from an existing development, proposed buildings should be oriented and of such a scale that some view around or over the proposed buildings would exist. Further, the portions of buildings visible from roads or neighbouring properties must be designed in a similar manner to the main façade. Building height should not be varied upward from the zoning regulation, where it would interfere with a view or the solar access of a neighbouring building. 13. Green building features should be incorporated into the building design, to minimize environmental impacts and promote sustainability. This should include energy efficiency and water conservation measures. 14. New buildings and the sites they are built on should be arranged in such a way as to prioritize pedestrian activity over motor vehicles. 15. Streetscape design should be a top priority, with the buildings being oriented towards streets rather than inwardly. Architectural and landscaping treatments should enhance the pedestrian experience and enhance community identity. 16. All plans and building designs should promote personal and public safety, consistent with the principles of Crime Prevention through Environmental Design (CPTED), and be accessible for disabled persons. 17. Commercial, mixed use, industrial, and multiple family residential developments must provide space to store and transfer solid waste, recyclables and compostable materials. This space must be screened from neighbouring properties and roads, and animalproofed. 18. Underground wiring on development sites is very strongly encouraged. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 44 10.4.3 B Building Design Guideline Exemptions The Building Design Guidelines do not apply to: a. Interior renovations to existing buildings; b. Minor exterior alterations to existing buildings; c. Single family dwellings. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 45 10.4.4 A Habitat Protection Guidelines The Habitat Protection Guidelines apply to development within 60 metres of an eagle, hawk, osprey, owl or peregrine falcon nest, and within 100 metres of a Great Blue Heron nest. 1. Development should be sited so as to maximize the separation between the proposed development and the nest or perch trees. 2. In cases where there are no appropriate alternatives but to locate development adjacent to a nest or perch tree, the applicant must demonstrate that such siting is necessary due to circumstances such as topography, hazards or the entire parcel being located within the buffer area. In such cases, mitigation and restoration measures may be required to minimize the impact of the development on the habitat area. 3. Breeding and nesting season for Pacific Great Blue Herons is generally from mid February until mid August. Construction and development, including unusual or loud activities such as blasting, tree falling, chain saws, and concrete cutters, should not take place during breeding or nesting season for any bird species listed in this Section. 4. Subdivisions should be undertaken in a manner that does not create parcels entirely within the Development Permit Area, or parcels that would require or encourage additional development to occur within the Development Permit Area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 46 10.4.4 B Habitat Protection Guideline Exemptions The Habitat Protection Guidelines do not apply to: a. Interior and minor exterior alterations. b. Emergency works to prevent, control or reduce flooding, erosion, or other immediate threats to life and property, provided that emergency actions are reported to the Regional District and applicable provincial and federal Ministries to secure exemptions. Such emergency procedures include: 1. Clearing of an obstruction from a bridge, culvert or drainage flow; 2. Repairs to bridges and safety fences; 3. The removal of hazardous trees that present an immediate danger to the safety of persons or are likely to damage public or private property. c. Development where a registered professional biologist, with experience and knowledge in dealing with Great Blue Herons, eagles, hawks, peregrine falcons and/or ospreys, and their nesting requirements, provides a report to the CVRD indicating that the birds are not present or would not be affected by the proposed development, and that the proposed work complies with the Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia ((Ministry of Environment: 2006). CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 47 10.4.5 A Landscaping, Rainwater Management, and Environmental Protection Guidelines The Landscaping/Rainwater Management/Environmental Protection Guidelines apply to the subdivision of land, and to commercial, industrial, multiple family and intensive residential development and their accessory uses. 1. Preparation of a landscaping plan by a British Columbia Society of Landscape Architects (BCSLA) or BC Landscape and Nursery Association (BCNTA)-certified landscape architect is preferred. Any landscaping plan submitted with an application for a development permit, whether professionally prepared or not, will be assessed by the CVRD according to BCSLA/BCNTA guidelines. 2. All required landscaping plans should be integrated with a rainwater management plan, which should favour natural solutions to drainage such as rain gardens and bio-swales, and should contain measures to limit impervious surfaces. The rainwater management plan must be prepared by a professional engineer with experience in drainage and submitted with the application for any commercial, industrial, mixed use or multiple family residential development proposal. The aim of the plan is to eliminate the potential for runoff into adjacent areas and encourage replenishment of the aquifer. 3. Runoff from the development must be strictly limited to prevent rainwater flows from damaging roads and surrounding properties. Pervious surfaces should predominate, to encourage infiltration of water. The removal of trees should only be allowed where necessary and where alternate vegetation and water retention measures can be achieved. 4. All public areas should be landscaped, including entrances, building peripheries, parking and pedestrian areas, and open space areas, in a way that is complementary to both the site and surrounding lands. 5. Streetscape design should incorporate treatments that enhance the pedestrian experience and create a sense of local identity. Public streetscape amenities including benches, planters, and bike racks should have a high quality of design. 6. The appearance of large buildings should be enhanced using plants, shrubs and trees, and where necessary, hard landscaping treatments such as terraced retaining walls, planters, gardens, courtyards or fountains, outdoor seating and decorative paving and lighting. 7. Where appropriate, trees should be planted along street frontages to create a mature treed “boulevard” streetscape. Tree species that provide high quality bird habitat and do not CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 48 grow to a size that would detract from the architecture are preferred. 8. Developments should incorporate and emphasize native landscape materials, and use drought resistant plants to reduce irrigation needs. 9. The provision of public meeting rooms, open space areas, pedestrian oriented street furniture and, for multiple family developments, the allocation of space for residents to garden and grow edible plants is encouraged, where feasible. 10. Industrial, commercial and multiple family developments visible from the Trans Canada Highway or major network roads should be screened and landscaped, including entrances, building peripheries, parking and pedestrian areas, and open space areas. The landscaping should consist of a mix of coniferous and deciduous vegetation, with low plantings and taller tree species at intervals. 11. Sites should not be dominated by areas of bark mulch, gravel or other similar materials. 12. Walkways or trails must be developed to encourage walking and cycling and to connect the development with surrounding commercial, mixed use, industrial and residential areas. 13. A landscape buffer should be provided on industrial lands that adjoin a parcel within a residential land use designation. For industrial parcels with a potential for noise, smell or sight impacts, the minimum width of the landscape buffer should be 20 metres. 10.4.5 B Landscaping, Rainwater Management, and Environmental Protection Guideline Exemptions The Landscaping, Rainwater Management, and Environmental Protection Guidelines do not apply to the construction of single family residential dwellings, or to single family residential subdivision where it is located within a drainage control area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 49 10.4.6 A Outdoor Lighting Guidelines The Outdoor Lighting Guidelines apply to commercial, industrial, multiple family, and intensive residential development. 1. An illumination plan will be submitted with the application, indicating how building entrances, parking areas and pedestrian routes on a site will be lit. This will preferably be accomplished with lighting that is designed to illuminate the surface of the site, for pedestrian comfort and safety, without glare spill-over to adjacent parcels or roads. 2. Lighting must reflect the mass, character, shape and form of existing buildings and uses within the village. Attention shall be given to the historic, architectural and design features of the development. 3. All development must use low-impact lighting to provide for safety and security as well as to reduce glare and spillage onto adjacent areas. 4. Fluorescent lighting of building exteriors will be prohibited. 5. To minimize light pollution and impacts on motorists, outdoor lighting should be shielded so that all light is directed below the horizontal plane towards the ground. 10.4.6 B Outdoor Lighting Guideline Exemptions The Outdoor Lighting Guidelines do not apply for interior renovations and minor exterior alterations to existing buildings. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 50 10.4.7 A: Parking, Vehicular Access, and Pedestrian Guidelines The Parking, Vehicular Access and Pedestrian Guidelines apply to commercial, industrial, multiple family and intensive residential development. 1. Parking areas should not be covered only with hard impervious surfacing such as asphalt or poured-in-place concrete, or gravel and dirt. Rather, dust free forms of pervious surfacing that allow for groundwater infiltration of water are preferred. Where impervious surfaces are necessary, the separation of oil and water will be encouraged. 2. Convenient, safe and attractive parking entrances should be provided, without unnecessary duplication of access points, and without parking access points or parking facilities dominating a site. 3. Access and egress to major network roads should be provided from local roads in locations which are safe and approved by the Ministry of Transportation and Infrastructure. Direct access from a major network road should be avoided, where possible. 4. Rain gardens, bioswales, and permeable materials are strongly encouraged to absorb runoff. 5. Parking lots should be heavily landscaped with trees that will not damage paint finishes, for comfort, shade and visual interest and to minimize heat gain caused by large contiguous paved surfaces. 6. Parking lot design will incorporate designated pedestrian walkways for people to exit their automobiles and access buildings and surrounding areas safely, and these will be separated from the parking area by raised or landscaped features. Physical separation between well-marked pedestrian and vehicular traffic is required, and where the two share space, design features will clearly indicate that pedestrians have priority. All pedestrian areas should be level, smooth, and non-slip surfaced so as to accommodate people with accessibility challenges such as mobility, sensory, or cognitive disabilities. 7. Where outdoor café tables are provided near pathways within commercial areas, safe passage for pedestrians and emergency access must be maintained. To maintain the unique character of the development, parking standards may be modified where development has regard for alternative transportation modes or other amenities. 8. Where appropriate, aesthetically appealing and distinctive bus shelters and pullouts may be incorporated into the site CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 51 design to facilitate pedestrian traffic and provide space for landscaping, seating and public art. 9. Parking and loading areas are to be screened with adequate landscaping. The use of ramps are preferred over stairs and steps, to provide for barrier-free access. 10. Parking requirements within the implementing Zoning Bylaw may be varied where provisions are made for alternative transportation amenities. 10.4.7 B Parking, Vehicular Access and Pedestrian Guideline Exemptions The Parking, Vehicular Access and Pedestrian Guidelines do not apply to parking areas designed for less than 5 vehicles. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 52 10.4.8 A Riparian Protection Guidelines The Riparian Protection Guidelines apply to lands within 30 metres of a watercourse, including a seasonal watercourse or wetland. 1. For lands within 30 metres of a fish-bearing watercourse, or a watercourse that is connected by surface water to a fresh-water, fish-bearing watercourse, a qualified environmental professional (QEP) will be retained at the expense of the applicant, for the purpose of preparing a Riparian Area Report pursuant to Section 4 of the Riparian Areas Regulation. The Report will examine the Riparian Assessment Area – RAA – generally 30 metres from a watercourse, wetland or body of freshwater, and determine the Streamside Protection and Enhancement Area – SPEA – and any measures that must be taken in the RAA to protect the SPEA. The Riparian Assessment Report will be registered to the Ministry of Environment website and when the CVRD receives notification from senior government that registration has been completed and we are able to issue a development permit, this will be done, with the Riparian Assessment Report forming a part of the permit. All works within a Riparian Assessment Area must comply with the provisions of the Riparian Assessment Report. 2. For development located within 30 metres of a watercourse, including a seasonal watercourse that does not contain water at all times, development should be located away from and should not contribute to changes in the riparian area through loss of trees and vegetation or alteration of natural processes. These changes may diminish the ability of the riparian area to function as a water storage and purification area and to help prevent hazardous flooding and erosion conditions. Developers may be required to provide restoration to riparian areas that have already been damaged. 3. Runoff from the development should be strictly limited to CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 53 prevent storm flows from damaging property, roads and downstream areas. This shall be accomplished partially by limiting impervious surfaces to the minimum through appropriate building design and providing pervious surfaces in landscaping and driveway design that can absorb runoff. Applicants shall submit figures for total site imperviousness. The Board may specify maximum site imperviousness in a development permit. 4. Proposed lots that within or adjacent to riparian areas should be large enough to contain a building site and driveway that does not require a Streamside Protection and Enhancement Area (SPEA) to be encroached. There should be a usable yard area between the proposed building envelope and the edge of a SPEA, a minimum of 7.5 metres in depth, measured perpendicularly from the edge of the building envelope. 5. Road, trail and utility crossings of watercourse and riparian areas must be kept to a minimum, and crossing points should be chosen for low impact, in particular to avoid critical habitats of sensitive species. 6. Pedestrian/cycle and road crossings of watercourses must have a low impact design; i.e., boardwalk or bridge. 7. Recommendations in the Ministry of Environment’s Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia should be applied. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 54 10.4.8 B Riparian Areas Regulation Guideline Exemptions The Riparian Protection Guidelines do not apply to: a. Development, including vegetation clearing and soil removal or deposit and subdivision, if the subject parcel is located more than 30 metres from the natural boundary or top of bank as defined in the Riparian Areas Regulation; b. Renovations, repairs and maintenance to existing buildings that are subject to Section 911 of the Local Government Act; c. Minor interior and exterior renovations to existing buildings, excluding any additions or increases in building volume, provided the work is above existing foundations; d. Non-chemical removal of invasive non-native vegetation such as Gorse, Scotch Broom, and its immediate replacement with native vegetation; e. Creation of a passage or trail not more than 1.5 metres in width cleared of vegetation, which does not involve the removal of any tree greater than 5 metres in height or with a diameter at breast height (DBH) of 10 centimetres, to allow for passage to the water on foot. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 55 10.4.9 A Sensitive Ecosystems Guidelines The Sensitive Ecosystem Guidelines apply to lands within that have been identified within or are within 15 metres of a sensitive ecosystem as identified by the Sensitive Ecosystem Inventory (1993-1997) by Environment Canada and the Province of BC. 1. Development should, wherever possible, be directed to lands outside of the sensitive ecosystem. In cases where there are no appropriate alternatives, the onus will be on the applicant to demonstrate that encroaching is necessary due to circumstances such as topography, hazards or the entire parcel being located within the sensitive area. 2. Where a parcel of land is entirely or significantly within a sensitive ecosystem, the development should be sited to maximize the separation between the proposed development and the most sensitive area. In such cases, mitigation and restoration measures may be required to minimize the impact of the encroachment; 3. Vegetation that is not indigenous to the South Cowichan must not be planted within a sensitive ecosystem. In order to protect the sensitive ecosystem, the development permit may specify the amount and location of new tree and vegetative cover to be planted or retained. 4. Roads and driveways should be located as far as possible from the edge of a sensitive ecosystem. 5. Figures for total imperviousness on sites within this development permit area will be calculated by the proponent and submitted at the time of development permit application. 6. Recommendations of the BC Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia ((Ministry of Environment: 2006).should be applied, to reduce areas of impervious surfaces and increase natural groundwater infiltration. On-site rainwater management techniques that do not impact surrounding lands should be used, rather than the culverting or ditching of water runoff. Increased soil depth is one proven method for achieving reduced rainwater runoff; rain gardens are another. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 56 10.4.9 B Sensitive Ecosystems Guideline Exemptions The Sensitive Ecosystem Guidelines do not apply to: a. Interior renovations; b. Minor exterior alterations; c. Emergency works to prevent, control or reduce flooding, erosion, or other immediate threats to life and property, provided that emergency actions are reported to the Regional District and applicable provincial and federal Ministries to secure exemptions. Such emergency procedures include: 1. Clearing of an obstruction from a bridge, culvert or drainage flow; 2. Repairs to bridges and safety fences; 3. The removal of hazardous trees that present an immediate danger to the safety of persons or are likely to damage public or private property. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 57 10.4.10 A Sign Guidelines The Sign Guidelines apply to the installation of all commercial, industrial, multifamily, mixed use and intensive residential signs. 1. Signage for all commercial, industrial, multiple family residential, and intensive residential development must be in keeping with the character, form of existing signs in the area, and the mass, character, shape, and form of similar buildings and uses in the village. The use of thematic, painted, handcrafted wooden fascia signs will be encouraged over other types of signage. Signs should be constructed of natural materials and must complement the architectural design of buildings on the site. 2. The use of thematic, painted, hand-crafted wooden fascia signs are preferred over other types of signs. Signs shall be constructed of natural materials and shall complement the architectural design of structures on the site. 3. Signs should identify uses and shops clearly, but be scaled to the pedestrian rather than automobile traffic moving at speed limits. 4. All forms of illuminated signs, roof mounted signs and multiple free standing signs are strongly discouraged. 5. Where multiple, free standing signs are proposed on a site, they must be consolidated into a single, comprehensive sign that should not exceed 5 metres in height. No more than one free standing sign is permitted per parcel. 6. Entrance ways should provide visible signage identifying a building address. 7. Facia or canopy signs may be approved provided that they are designed in harmony with the architecture of the building or structure proposed. 8. Projecting signs are discouraged since they tend to compete with one another and are difficult to harmonize with the architectural elements of commercial buildings. 9. Signs with temporary and changeable lettering are not supported, except where clearly required due to the nature of the business activity. 10. Third party signs, advertising goods or services not available on the subject lands, are not permitted. 10.4.10 B Sign Guideline Exemptions The Sign Guidelines do not apply for changes to the text or message on an existing sign allowed by a previous development permit. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 58 10.4.11 A Subdivision Guidelines The Subdivision Guidelines apply to the subdivision of land, regardless of the land designation. 1. A trail system should link neighbourhoods to amenities and, where possible, provide corridors of native vegetation that can provide for groundwater infiltration. 2. The removal of trees should only be allowed where necessary and where alternate vegetation and water retention measures can be achieved. 3. If a subdivision proposal is received in an area identified for major road network connection or improvement in the Transportation section of this OCP, any development permit issued should accommodate major road network and intersection improvements that have been identified. 10.4.11 B Subdivision Guideline Exemptions The Subdivision Guidelines do not apply for proposed boundary adjustments between two or more parcels of land. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 59 10.5 COBBLE HILL VILLAGE DEVELOPMENT PERMIT AREA:VARIANCES Where a proposed development plan is consistent with the guidelines of the Cobble Hill Village Development Permit Area, the CVRD may give favorable consideration to variances of the regulations of its zoning, sign, parking and other bylaws, where such variances are believed to have no significant impact on adjacent parcels, and would enhance the function or appearance of the site in question. Such variances would be incorporated into the development permit. 10.6 COBBLE HILL VILLAGE DPA: APPLICATION REQUIREMENTS Prior to issuing a development permit on a parcel in the Cobble Hill Village, the Regional District, in determining what conditions or requirements it will impose in the development permit, shall require the applicant to submit, at the applicant’s expense, a development permit application which shall include: a. a brief written description of the proposed development, b. maps/elevation drawings which include: i) the location of the project; ii) a site plan drawn to scale, showing the general arrangement of land uses including parcel lines, existing and proposed buildings and structures, parking and loading areas, vehicular access points, pedestrian walkways and bike paths, and outdoor illumination design; iii) a building design including proposed wall, roof and exterior finish details; iv) a landscaping plan, identifying the existing and proposed plant species, areas of sensitive native plant communities and areas to be cleared or planted; v) a calculated figure for total site imperviousness; vi) a signage plan if any signs are proposed; vii) the location of all natural watercourses and water bodies, and top of bank, indicating whether development will be within the Riparian Assessment Area set 30 metres back from the above; viii) topographical contours; ix) the location of lands subject to periodic flooding, x) existing and proposed roads, driveways, drainage systems, septic tanks or other sewage systems, irrigation systems and water supply systems, xi) proposed erosion control works; xii) areas infested with invasive plants or noxious weeds, including but not limited to English Ivy, Scotch Broom, Gorse, Himalayan Blackberry, Morning Glory and Purple Loosestrife, and other non-native invasive weeds listed by the Coastal Invasive Plant Committee and the BC Landscape and Nursery Association. c. In addition to the requirements in subsections (a) and (b), the Regional District may require the applicant to furnish, at his/her own expense: CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 60 i) a report by an engineer with experience in geotechnical engineering, regarding the suitability and stability of the soil for the proposed project, including information on soil depths, textures, and composition; ii) a report by an engineer with experience in geotechnical engineering and natural hazards mitigation, regarding the safety of the proposed use and structures on-site and off-site or indicating that the land may be used safely for the use intended; and iii) sun/shade diagrams of the subject development and the surrounding properties at 8 AM, 12 noon, and 4 PM. 10.7 COBBLE HILL VILLAGE DPA: APPLICATION REQUIREMENTS / SECURITY To ensure that all of the applicable development permit area guidelines are met, the CVRD may require, by Resolution of the Board, the deposit of a Security to be held until the requirements of a Permit have been met to the satisfaction of the CVRD. Should a development permit holder fail to fulfill the requirements of the development permit, the CVRD may undertake and complete the works required at the cost of the permit holder and may apply the Security in payment of the cost of the work, with any excess to be refunded to the Permit holder. Should there be no default as described above; the CVRD will refund the Security to the Permit holder. The security will be in the form of an Irrevocable Letter of Credit from a recognized financial institution of the applicant’s choice. 10.8 COBBLE HILL VILLAGE DPA: VIOLATION a. Every person who: 1. violates any provision of the Cobble Hill Village Development Permit Area; 2. causes or permits any act or thing to be done in contravention or violation of any provision of the Cobble Hill Village Development Permit Area; 3. neglects to do or refrains from doing any act or thing required under the Cobble Hill Village Development Permit Area; 4. carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to the Cobble Hill Village Development Permit Area; 5. fails to comply with an order, direction or notice given in respect of the Cobble Hill Village Development Permit Area; or 6. prevents or obstructs or attempts to prevent or obstruct the authorised entry of the Administrator, or person designated to act in the place of the Administrator; commits an offence under this Bylaw. b. Each day’s continuance of an offence constitutes a new and distinct offence. 10.9 COBBLE HILL VILLAGE DPA: PENALTY A person who commits an offence against the Cobble Hill Village Development Permit Area is liable, upon conviction in a prosecution under the Offence Act, to the maximum penalties prescribed under the Community Charter for each offence committed by that person. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan 61 10.10 COBBLE HILL VILLAGE DPA: SEVERABILITY If any section, sentence, clause, phrase, word or schedule of the Cobble Hill Village Development Permit Area is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Development Permit Area. CVRD South Cowichan OCP Bylaw 3510: Schedule A, Appendix C – Cobble Hill Village Plan
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