TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: February 26, 2024 Report No. DEV-24-014
TO: Council
FROM: Bill Brown, Director of Development Services
SUBJECT: Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119, Second and Third Readings (Appendix “A”)
RECOMMENDATION:
Recommendation
That Council give second and third readings to “Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119” (Appendix “A”).
Body
EXECUTIVE SUMMARY:
At its February 5, 2024, meeting, Council gave first reading to “Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119” and requested that staff bring back a series of amendments based on Council’s discussion. Staff have proposed several amendments in response to Council’s request as outlined below.
BACKGROUND:
Staff have reviewed comments made by Council at their February 5, 2024, meeting. These are outlined in the table below along with the staff response. For context, the February 5, 2024, Council staff report is attached as Appendix “B” and the relined version of Development Application Procedures and Fees Bylaw No. 2791, 2021 showing the proposed amendments as of first reading is attached as Appendix “C”. A redlined version of the amending bylaw (Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119) showing the proposed amendments at second reading as per Council’s discussion of February 5, 2024, is attached as Appendix “D”.
ANALYSIS:
In response to Council’s concerns about building height variances, staff recommend that the delegated height variance be reduced from 25% to 1.0 m. This will ensure that small variances in height that are unlikely to have a significant impact on adjacent properties are dealt with quickly, while larger variances go through the normal process which includes notification of neighbours, and a decision-making process involving elected representatives. The proposed amendment will cover most minor height variances such as those that result from the built structure being slightly over height due to changes in detailed truss design during construction, or similar circumstances.
In response to Council’s concerns about parking variances, it is recommended that the delegated variance be reduced from 25% to 5%. This will ensure that small variances which will likely have minimal impact on the surrounding properties are dealt with quickly while larger variances will require notification of neighboring properties and a decision-making process involving elected officials. It is unlikely that there will be many parking variance applications once the new Parking Bylaw is adopted.
In response to Council’s concerns about Section 38A (b) vii C which states: “the variance facilitates the provision of dwelling units provided that maximum density of the applicable zone and Official Community Plan land use designation is not exceeded”, staff recommend that this section be deleted. The minor variance powers necessary to speed up the processing times for most minor variances are not significantly impacted by this provision.
In response to Council’s concerns about Section 38A (b) vii D which states: “the variance facilitates a development that advances Township policy as identified in the Official Community Plan, bylaw or other plan or policy endorsed by resolution of Council,” staff recommend that this section be deleted. The minor variance powers necessary to speed up the processing times for most minor variances are not significantly impacted by this provision.
In response to Council’s concerns about ensuring that the Director of Development Services could forward an application for a minor development variance permit to Council for a decision, staff have confirmed that Section 39 of the Bylaw states, “The Director may, in lieu of determining any particular permit or amendment application, make a recommendation to the Council that a decision on the issuance of the permit be made by the Council, and in such cases the Council and not the Director shall make the decision and the provisions of this Bylaw dealing with reconsideration shall not apply”, is applicable to minor development permit applications.
In response to Council’s concerns that the applicant can appeal the decision of the Director of Development Services to Council, staff have confirmed that Section 54 of the Bylaw which states, “An applicant who is subject to a decision of the Director of Development Services under Part III, Part IV or Part V of this Bylaw is entitled to have the decision reconsidered by Council in accordance with this Part”; applies to minor development permit applications denied by the Director of Development Services.
OPTIONS:
• That Council give second and third reading to “Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119”.
• That Council amend the Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119 as recommended in Staff Report DEV-24-014.
• That Council amend the Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119 in a manner other than that recommended by staff.
• That Council request further information from staff.
COUNCIL PRIORITY:
Housing - Development
FINANCIAL IMPACT:
The proposed amendments do not have any significant financial impact on the Township.
COMMUNICATIONS/ENGAGEMENT:
• There are no statutory communications/engagement requirements beyond those associated with publishing the Council agenda. It is noted that following the first reading, the Victoria Times Colonist published a story about the proposed amendments. This generated a call from the President of the West Bay Residents Association who expressed some concerns, particularly about the proposed delegation of height variances up to 25 percent. These concerns were assuaged when the President was informed that Council had similar concerns, and that staff were taking back a series of amendments including an amendment to reduce the degree to which a height variance is considered minor. No other communications with staff were generated by the article.
TIMELINES & NEXT STEPS:
If the amending bylaw receives second and third reading, the bylaw will be brought back on the March 4, 2024, Council agenda for adoption after which time it will be in force.
REPORT REVIEWED BY:
1. Deb Hopkins, Director of Corporate Services, Reviewed
2. Ian Irvine, Director of Finance, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Appendix “A”: “Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119” as of first reading.
Appendix “B”: February 5, 2024, staff report.
Appendix "C”: Redline version of Bylaw No. 2791, 2012 showing proposed amendments as of first reading.
Appendix "D” Redline version of Development Application Procedures and Fees Bylaw No. 2791, 2012, Amendment Bylaw, 2024, No. 3119 showing proposed amendments at second reading in response to Council’s discussion.