What is Subdivision?

Subdividing is the ability to create new lots and is referred to as subdivision potential. Subdivision potential is shaped by OCP policies, land use regulations, and the community values in place when they were adopted. As land costs rise, environmental limits tighten, climate change accelerates, and Indigenous reconciliation advances, there is an immediate need to rethink how we regulate land to better reflect current priorities.

What is the current subdivision potential?

Currently, 16 residentially zoned properties on Gabriola Island have the potential to be subdivided into multiple lots. Based on existing bylaws, these subdivisions could result in up to 45 new lots. The existing zoning, which allows secondary suites and additional dwelling units, reflects the potential for up to 90 new dwelling units if the subdivisions were realized.

Each new lot can result in significant impacts on the land, water supply, and cultural heritage. While these impacts can be assessed during the subdivision application process, the community has an opportunity, through the OCP review, to consider the costs and benefits of allowing further subdivision.

What other options are there for regulating subdivision?

Option 1:

Limit subdivision to only allow new lots in limited instances, such as when land is donated for building affordable housing, or where the new lot is a nature reserve, park or protected area. This option would remove the potential for subdivision in all areas where it is currently permitted. By reducing the build-out potential on the island, these densities could be reallocated to projects that result in affordable or attainable housing.

A landowner could still apply to rezone their property to allow subdivision. While this would be an extra step, it would allow the proposal to be reviewed to ensure that the subdivision is undertaken in an appropriate location (e.g. there is sufficient water, it is not disruptive to sensitive ecosystems or culturally sensitive areas).

Option 2:

Limit subdivision to only suitable areas. Suitable areas are areas where negative impacts to the environment, cultural heritage, and the sustainability of freshwater resources are less than in other areas, and access to amenities, trails and transportation (ferry, and Gertie bus route) is higher than in other areas. These areas can be identified using mapping work recently done by Islands Trust, including the water balance work. As with Option 1, the densities that would be removed could be reallocated to projects that result in affordable or attainable housing.

Option 3:

Continue to permit subdivision in locations where there is presently the potential to create additional residential lots. This maintains the status quo and does enable additional residential lots to be created. With the rising costs of land, subdivision for single family dwellings are unlikely to create opportunities for attainable or affordable housing.

What is Rezoning?

Rezoning is a change to the zoning regulations that apply to a particular lot or area. Changes to zoning are the only way to increase the permitted density or change the permitted uses on a parcel of land. Zoning changes can be initiated by the local trust committee (LTC), or a property owner can apply to rezone their land through a bylaw amendment application. The LTC must consider applications that are submitted.

It is important to incorporate community values into Official Community Plan policies, which are relied on when changes to land use or density are considered.

Options?

Considerations for any rezoning for additional density

Community need: The current OCP considers rezoning for multi-dwelling residential for only special needs, seniors, and affordable housing. This could be extended to housing that is affordable to low to moderate income earners (attainable housing*).

Suitability of the Land: The currently OCP relies on subdivision and buildout potential to address housing needs associated with population growth. Criteria such as limiting impact on sensitive ecosystems, archeological sites and areas of Indigenous cultural significance could be considered, as well as groundwater considerations, sewage capacity, access to services and amenities, and other criteria.

Size and Siting of Buildings: Size and siting is already considered in existing policies and regulations. These could be revisited in keeping with the values identified.

Water Collection Cistern Requirements: Freshwater collection cisterns could be required for all new builds to help reduce impact on limited groundwater resources.

*Attainable housing means homes that people earning average local wages can realistically afford, without requiring subsidy, so they can live and work in the community. Housing agreement is not necessarily required.

OCP policies could support the following options (not mutually exclusive):

Option 1: Cluster Housing

Policies that allow re-zoning for Cluster Housing (Community-Scaled, Living, Units, Sited, Together for Ecological and Economic Resilience). Cluster housing groups several small homes, attached or detached, on one lot without subdividing the land. This reduces development footprint and improves space and infrastructure efficiency. Rezoning may require housing agreements and limits on individual or total combined floor area.

Option 2: Small Unit Clustered Housing

Policies that support small unit housing. This is similar to Cluster Housing as it encourages clustering and housing agreements, however, it is distinct in that it considers the opportunity for a number of small units including mobile units, such as tiny homes on wheels or manufactured homes, on a lot with shared facilities such as laundry and common rooms.

Option 3: Flexible Housing

Policies that allow for multiple additional dwelling units in suitable areas within a maximum combined floor area for all units. This is different from the above as it is working with smaller numbers of units and number of units would be determined by size of lot. Housing agreements would not be required. On Mayne Island this has been introduced as “flexible housing” zoning.

Option 4: Density Bonus for Conservation or Restoration

Policies that enable density bonuses to be incorporated into the base zoning for residential property. This would establish criteria that, if met, would allow additional density on residential lots without requiring a rezoning process. For example: protection of X amount of hectares for conservation or restoration could permit an additional unit.

Understanding the proposed “200 metre Shoreline Buffer” on Gabriola Island

What is the proposed 200m shoreline buffer for Gabriola Island?

As part of the Gabriola Island Official Community Plan (OCP) Review, a 200 metre shoreline buffer has been proposed for discussion. The proposed shoreline buffer area is measured from the shoreline (the edge of the ocean, lake, or stream) into the upland. It is informed by archaeological mapping, ecological perspectives, and consideration of climate-change impacts.

The shoreline buffer is not a regulation, but rather a land use planning consideration to help manage growth, climate resilience, and protect ecological and cultural values.

Considering this buffer area in land use planning decisions would help to:

• Protect ecosystems: Trees, shrubs, and grasses stabilize the shoreline, reduce erosion, and provide habitat for birds, fish, and other wildlife.
• Support runoff filtration: Vegetation absorbs and filters rainwater before it enters marine or freshwater systems, reducing pollutants such as fertilizers, oils, and sediments.
• Maintain natural character: Preserve the island’s rural aesthetic and maintain scenic views from the water.
• Adapt to climate change: By reducing flooding risks, risks of saltwater intrusion, and supporting adaptation to sea-level rise, consideration of the buffer helps safeguard both natural and built environments.
• Preserve archaeological and cultural sites: Several First Nations have identified shoreline areas on Gabriola Island and beyond as important for cultural heritage protection including archeological sites. Consideration of this buffer area can help protect these culturally and historically significant places.

What could it mean for the Official Community Plan (OCP)?
Consideration of a shoreline buffer does not represent a regulation or restriction on its own. However, consideration of the buffer could help guide future land use planning discussions. Some examples of land use planning tools that could be considered to protect the area within the shoreline buffer include:

• Development Permit Area (DPA): The 200m buffer could help shape a DPA with guidelines to manage erosion risks, protect sensitive ecosystems, and set standards for how and where construction occurs (e.g., low-impact foundations).
• Heritage Conservation Area (HCA): An HCA could offer protection for Indigenous cultural heritage beyond what is already provided by the Heritage Conservation Act.  This tool can help ensure that areas with high archeological potential (especially those not formally recorded yet) are carefully considered before development begins.
• Development Variance Permits (DVP): The 200m buffer could be one of several factors considered when reviewing applications to vary zoning regulations (e.g. building location and size of structures).
• Subdivision Review: The local trust committee (LTC) could use the buffer as a lens when considering applications to subdivide land, helping to assess impacts on ecological and cultural values. Any changes in subdivision permission could also consider this buffer.
• Rezoning Applications: OCP policies could potentially discourage or limit rezonings that would allow additional residential units within the buffer area.
• Secondary Units: If the LTC considers expanding secondary units on the island, the buffer area could be one factor in determining where those secondary units are located.

 Other Key Consideration:

• If my property is located in the 200m buffer, does that mean I can’t build?
  No. Being in the buffer doesn’t change your zoning or take away existing development rights. It means extra care may be needed to protect the area.
• Existing Provincial Requirements Still Apply: Even without any policy changes, provincial laws still apply. Under the Heritage Conservation Act, property owners must obtain an archaeological assessment and a provincial permit if a known or suspected site may be disturbed during development. The 200m buffer can help flag where this may be more likely, so that property owners can plan accordingly.
• Current Property Rights Remain: If any of the planning options identified above are explored, property owners would still retain the right to build what is permitted under existing bylaws. Location or method of construction might be affected (e.g. foundation type, setback).
• Existing Buildings Stay Legal: Existing structures built in compliance with bylaws remain lawful. If zoning changes in the future, these buildings may be considered a “continuing non-conforming use”. Under section 528 of the Local Government Act, such uses can continue, as long as they aren’t discontinued or expanded in a way that increases the non-conformity.
• No Land Expropriation: There are no discussions or plans to expropriate private land.