REQUEST FOR DECISION
DATE: May 27, 2020 Report No. DEV-20-031
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Request to Waive Public Hearing for Rezoning Application - 874 Fleming Street.
End
RECOMMENDATION:
Recommendation
That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2988 attached as Appendix A to Staff Report No. DEV-20-031, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 874 Fleming Street [PID 002-900-246, Lot B, Section 10, Esquimalt District, Plan 25267], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2988, from Multiple Family Residential [RM-4] to Comprehensive Development District No. 130 [CD. No.130].
Body
RELEVANT POLICY:
Ministerial Order No. M139 - Order of the Provincial Health Officer Mass Gathering Events
Declaration of a Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Livable, healthy and diverse community - support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Bylaw No. 2988 - Zoning Amendment [CD130] - 874 Fleming Street
Appendix B: DRAFT Notice of Public Hearing Waived
Appendix C Architectural Drawings, BCLS, Landscape Plan
Purpose of the Application
The purpose of Staff Report No. DEV-20-031 is to recommend to Council that the Public Hearing for the rezoning application for 874 Fleming Street be waived pursuant to Local Government Act Section 464(2).
Responding to the unusual situation created by the COVID-19 pandemic, the Province has identified two approaches that local governments can use to process applications, including with or without holding Public Hearings that recognize physical distancing limitations:
1. Waiving the Public Hearing for rezoning applications that are consistent with the Official Community Plan (OCP). Section 464 (2) of the Local Government Act (LGA) already authorizes a Council to do this under normal circumstances, and the Province has recently encouraged local governments to consider this approach due to the Order of the Provincial Health Officer Mass Gathering Events that prevents the public from physically attending Public Hearings; or
2. Holding electronic Public Hearings, as per Ministerial Order 139 (M139) that was issued to local governments on May 1, 2020. Intended to be in effect during the period of the declaration of a state of emergency, M139 adds to existing LGA legislation by authorizing Councils to hold Public Hearings through electronic or other communication facilities. This enables the public to provide direct oral input to Council by way of participating before Council via tele-conference, in addition to written public input submissions, and does not require the public to be physically present before Council.
ISSUES:
1. The Local Government Act has permitted the waiving of Public Hearings prior to this pandemic and in the interest of supporting continued economic activity within the Township, staff have identified the rezoning application for 874 Fleming Street as a reasonable rezoning application for waiving the Public Hearing.
The rationale for this includes:
1. The proposed rezoning to CD-130 Zone is consistent with both OCP land use policies and the Proposed Land Use Designation of Medium Density Residential identifying six storey Multiple Family Residential development as appropriate for the subject property and adjacent parcels in this area;
2. The applicant held a Community Open House on May 29, 2019 in the Esquimalt High School Library for which 308 notices were mailed to residents in the area surrounding the subject property. Twenty-seven people attended the meeting with four providing written comments all of which expressed support for the rezoning and the proposed design. One resident expressed reservations regarding the 6-storey height of the building.
3. The addition of desirable, affordable, family and senior oriented housing close to transit services (municipal pathway links site directly to Craigflower Road) and abutting a park would improve housing choice in the area and for the region;
4. The proposed rezoning application is slightly higher than the maximum density cited in the OCP for Medium Density Residential development, however, the applicant is offering to provide all 137 units as affordable housing (via a Housing Agreement Bylaw) thereby achieving consistency with the OCP density bonus policy.
5. The proposed building height is similar to the maximum height for other recently approved Medium Density Residential applications in the Township and it is expected that abutting land is likely to be developed to a similar height and density in the foreseeable future; and
6. Waiving the Public Hearing on June 1, 2020 will enable Council to consider 3rd reading of Amendment Bylaw No. 2988 on or after June 22, 2020. This will facilitate a timely process for the applicant, who is motivated to complete this rezoning as a step toward undertaking construction.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
Sensitive densification well served by transit and in proximity to local services and parks is accepted as a sustainable approach to community development.
5. Communication & Engagement
Should Council waive the public hearing, staff would undertake notification pursuant to Local Government Act, Section 467 including mailing out a Notice of Public Hearing Waived (see DRAFT version Appendix B) to tenants and owners of properties within 100m (328 ft) of the subject property. Signs indicating that the property is under consideration for a change in zoning have been placed on the Fleming Street frontage of the property and would be updated to reflect the date, time and location of the Council Meeting at which the application would be considered for 3rd reading. Additionally, Notice of Public Hearing Waived would be placed in two editions of the Victoria News.
ALTERNATIVES:
1. Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2988 which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 874 Fleming Street from Multiple Family Residential [RM-4] to Comprehensive Development District No. 130 [CD. No.130] and directs staff to return Amendment Bylaw No. 2988 for consideration of 3rd reading.
2. Council proceeds with a Public Hearing. Unless the Order of the Provincial Health Officer Mass Gathering Events changes this requires staff to develop an electronic Public Hearing process and then proceed to schedule the electronic Public Hearing. This alternative is not recommended.