On
lots 5 acres or larger, it is being considered that,
where
a conservation covenant to protect natural green
space,
a public trail easement, or some other form of
community
betterment is provided by the owner, then an
extra
dwelling might be permitted on the lot as a “density
bonus”.
This provision would create a maximum of
another
additional 86 dwellings on the island. But this
provision
has the potential of protecting an additional 400
acres
of land in its natural state, and/or creating public
trails
or community benefits where none now exist.
The
bottom line is that, under the current bylaws, we
can
expect no more than an additional 31 acres of
additional
parkland and very few public trail easements to
be
created through subdivision of land on Keats Island.
The
current bylaws allow 822 “primary” residential
dwellings
with very little or no protection of green space
or
provision of public benefits.
On the
other hand, the new Keats RLUB would allow
for
the creation of no more than 552 “primary” dwellings
(including
the density bonus dwellings), 104 “auxiliary
guest
cottages”, and 243 small “sleeping cabins”, while
creating
the possibility for the voluntary protection of
much
more in the way of undeveloped natural green
spaces,
trail easements and/or community benefits than
could
be required at the time of subdivision, under the
existing
regulations.
2.
What is a Conservation Covenant?
A
conservation covenant is a voluntary, written
agreement
in which a landowner promises to protect their
land
in specific ways. It can cover all or just part of the
landowner’s
property. The agreement is between the
landowner
and, either the local trust committee, or a
conservation
organization such as the Islands Trust Fund.
The
covenant is attached to the title of the land, registered
in the
Land Title Office, and binds future owners of the
land,
not just the current owner.
The
purpose of a conservation covenant is to provide a
means
for voluntary conservation of privately owned land.
Such a
covenant offers a way of protecting land for a
variety
of uses such as natural area and wildlife habitat
protection,
watershed protection, and low-density
residential
use. The landowner retains all rights to the
property
that are consistent with the terms of the
agreement,
including the right to control access, and sell
or
bequeath the title. There is no automatic obligation to
provide
public access, unless it is negotiated under the
terms
of the covenant, consistent with the wishes of the
landowner.
Conservation covenants are a cost-effective
way of
protecting land without having to buy it at public
expense.
3.
What is being proposed regarding Commercial
undertakings
on the Island? Home Occupations?
Commercial
Visitor Accommodation? And is
what’s
being proposed different from what is
currently
permitted under the existing bylaws?
No.
The draft Keats RLUB is proposing to “hold the
line”
with respect to commercial undertakings on Keats
Island.
Under the current zoning Bylaw No. 96, the only
business
activities permitted on residential properties are
agriculture,
forestry, and “domestic industry” (more
commonly
known as Home Occupation). Home
Occupations
are, characteristically, some form of
“professional
practice, home craft or other occupation,
provided
that the use is conducted by the resident, and is
confined
to the interior of a dwelling”, where the use is
clearly
“accessory” to the residential use of the property.
Uses
of property for commercial “retail sale of
goods”,
or for commercial overnight “tourist
accommodation”
(including bed and breakfast), or
commercial
“vacation rentals”, are not currently permitted
on
Keats. Someone wishing to establish such a business on
Keats
would need to apply for a rezoning of his or her
property.
Rezoning would be considered on an
application-by-application
basis.
The
new Keats RLUB is proposing that the current
situation
not be changed, because there is not enough
community
consensus on these issues to warrant a change
at
this time. This way, the Keats Island Community will
have
a say, through the Public Hearing process, as to
when,
where, and if such businesses can be established on
the
Island, based on the merits of each individual rezoning
application,
and on the level of community support for
each
proposal.
Long
term rentals of properties for residential
purposes,
and occasional, non-commercial, short-term
cottage
rentals to family or friends is permitted now, and
would
continue to be permitted under the new Keats
RLUB.
4.
Is the new Keats Island Rural Land Use Bylaw
going
to impose an additional layer of unnecessary
regulation
and bureaucracy on Keats Island
property
owners?
No.
The philosophy being proposed within the Keats
RLUB
is to recognize and “enshrine” existing and
traditional
uses of Keats and surrounding islets land and
foreshore
within the new bylaw. This means that routine
applications
for development, which are consistent with
the
goals, objectives, policies, and regulations in the new
RLUB
should proceed with a minimum of “bureaucratic
intervention”.
Where
proposals for new development are outside or
beyond
the level of development envisioned within the
new
RLUB, clear guidelines will be provided for
consideration
of applications for rezoning of land or