After four years and three public hearings, Powell River Regional District rural directors are still discussing the Myrtle Pond zoning bylaw.
The bylaw went to the regional board on February 23 for third reading, but directors referred it back to the planning committee for further discussion.
The bylaw has existed in draft form since 2008. It covers properties that are on the Myrtle Pond water system, the only one owned by the regional district. The draft bylaw regulates both density and land use and its intent is to ensure that the wells supplying water to the community water system are not overused.
Stan Gisborne, Electoral Area B director, who made the motion to send the bylaw back to the planning committee, explained his concerns at a recent planning committee meeting. He suggested different wording for the commercial recreation zone, which would still control the density, but would allow the option of changing the uses on the property. Gisborne’s wording, which he said is used by City of Powell River in its zoning bylaw for the same zone, would state the lot coverage should not exceed 50 per cent.
The only property in the commercial recreation zone is Oceanside Resort and Cabins, owned by Ron Radons who had previously asked not to be included in the zoning bylaw. The planning committee voted to keep the property in the bylaw and now, Gisborne said, Radons wants the option to be able to change from one use to others, but still have the same density.
Mac Fraser, regional district chief administrative officer, explained all the uses listed in the bylaw for the commercial recreation zone are not designated by the southern regional district OCP (official community plan). Any uses not designated by the OCP have to be listed in the zoning bylaw to be legal, Fraser explained. “If you go to a more generic description, to say commercial recreation and residential to cover no more than 50 per cent of the lot, that’s not consistent with the OCP,” he said. “You have to say you are allowed to have things that are inconsistent with the OCP, if they are specified and recognized in the zoning bylaw.”
The OCP contains a policy, known as the D5 policy, that states all existing uses will be acknowledged through an appropriate designation in any future land use regulations. “This is the challenge of implementing the D5 policy,” Fraser said. “It’s very difficult.”
The OCP intent is in direct conflict with the D5 policy intent, Fraser said. “The existing use isn’t in accordance with the OCP,” he said. “If you have flex in how it’s being used, you have to exercise that flex under what the OCP says.”
If the D5 policy didn’t exist, Fraser also said, “you would not have the authority to allow him those permitted uses...You wouldn’t be considering it because it would be inconsistent with the OCP and you wouldn’t be allowed, by law. But because of the D5 policy, you’re allowed to.”
After a lengthy discussion, the committee referred the issue to staff to prepare a written report about all the options. Gisborne agreed to meet with the property owner and staff to go over the zoning bylaw provisions.
If there is a substantive change in the bylaw, the regional district would have to hold a fourth public hearing.
