REQUEST FOR DECISION
DATE: February 28, 2018 Report No. DEV-18-013
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment And Rezoning - 520 Constance Avenue End
RECOMMENDATION:
Recommendation
1. That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan and Zoning Bylaw Amendment concept plan, attached as Appendix ‘A’, detailing the proposed development (without physically changing the building) for 520 Constance Avenue [PID 006-377-408; Lot 132, Suburban Lot 38, Esquimalt District, Plan 2854] to those persons, organizations and authorities identified in Appendix ‘A’ of Staff Report DEV-18-013; and
2. That Council resolves that Bylaw No. 2918 [Appendix ‘B’ of Staff Report DEV-18-013], which would amend Official Community Plan Bylaw, 2006, No. 2646 by changing Schedule ‘A’, being the ‘Land Use Designation Map’, by changing the designation of 520 Constance Avenue [PID 006-377-408; Lot 132, Suburban Lot 38, Esquimalt District, Plan 2854] shown cross-hatched on Schedule ‘A’, from ‘Institutional’ to ‘Townhouse Residential’ be considered for first and second reading; and
3. That Council resolves that Bylaw No. 2919 [Appendix ‘C’ of Staff Report DEV-18-013], which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 520 Constance Avenue [PID 006-377-408; Lot 132, Suburban Lot 38, Esquimalt District, Plan 2854] shown cross-hatched on Schedule ‘A’ from ‘Institutional Day Use [P-4]’ to ‘Multiple Family Residential [RM-1]’, and would also remove the ‘Institutional Day Use [P-4]’ zoning designation from Zoning Bylaw, 1992, No. 2050 be considered for first and second reading; and
4. That Council authorizes the Corporate Officer to schedule a Public Hearing for Official Community Plan Bylaw 2006, No. 2646, Amendment Bylaw No. 2918 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2919, and to advertise for same in the local newspaper.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective:
• Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: OCP Consultation List, Letter and Concept Plan
Appendix B: Bylaw No. 2918 - Bylaw to Amend OCP Bylaw 2006, No. 2646
Appendix C: Bylaw No. 2919 - Bylaw to Amend Zoning Bylaw 1992, No. 2050
Appendix D: Air Photo, OCP and Zoning Designations Maps, P-4 and RM-1 Zones
Appendix E: Surveyor’s Site Plan, Photo of the House
Purpose of the Application
The applicant is requesting an amendment to Official Community Plan Bylaw, 2006, No. 2646 to change the property’s designation from ‘Institutional’ to ‘Townhouse Residential’, and an amendment to Zoning Bylaw, 1992, No. 2050 to change the property’s zoning from ‘Institutional Day Use’ [P-4] to ‘Multiple Family Residential’ [RM-1] to permit future residential use of the subject property.
The current use of the property as ‘day services for adults with disabilities’ is no longer needed at the subject location as the Victoria Association for Community Living is moving their facility to another building in the neighbourhood which has commercial zoning. The proposed changes will facilitate the sale of the subject property with no physical changes to the property.
Context
Applicant: Mike Jensen, Victoria Association for Community Living
Owner: Victoria Association for Community Living (represented by Ellen Tarshis, Executive Director)
Property Size: Metric: 394.8 m2 Imperial: 4249 ft2
Existing Land Use: Institutional Day Use [P-4]
Surrounding Land Uses:
North: Single Family Residential [zoned RM-1]
South: Single Family Residential [zoned RM-1]
West: Single Family Residential [zoned RM-1]
East: Multiple Family Residential [zoned RM-1][4 units]
Existing Zoning: Institutional Day Use [P-4]
Proposed Zoning: Multiple Family Residential [RM-1]
Existing OCP Designation: Institutional
Proposed OCP Designation: Townhouse Residential
Official Community Plan [OCP]
The Victoria Association for Community Living has requested a change in the OCP designation from ‘Institutional’ to ‘Townhouse Residential’. This will align the designation with other properties in the immediate vicinity, and facilitate the rezoning of the property to a residential use.
The property would be added to the Multi Unit Residential Development Permit Area [DP Area No. 1]. Future owners of the property would require a development permit if they were to propose the construction of a Townhouse Residential project.
OCP Consultation
Section 475(1) of the Local Government Act states: ‘During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.’ Section 475 (2) (b) provides the following list of organizations and authorities that Council must specifically consider whether consultation is required with:
(i) The board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan;
(ii) The board of any regional district that is adjacent to the area covered by the plan;
(iii) The council of any municipality that is adjacent to the area covered by the plan;
(iv) First Nations;
(v) Boards of education, greater boards, and improvement district boards; and
(vi) The Provincial and Federal governments and their agencies.
Staff has reviewed the requirements of Section 475 of the Local Government Act and has provided a tentative list (Appendix ‘A’) of persons, organizations, and authorities that it feels should be consulted pursuant to Section 475 of the Local Government Act.
In addition, Section 476 of the Local Government Act requires the mandatory consultation with any school districts that incorporate the subject property. The boards of both School District No. 61 and School District No. 93 have been included in the list to address this requirement.
Under Section 475(2)(a) of the Local Government Act, Council must also ‘consider whether the opportunities for consultation … should be early and ongoing.’ There have already been consultation efforts by the owner, with local residents, and the recommendation of this report would provide for early efforts specifically with respect to the OCP amendment.
Zoning
The Institutional Day Use [P-4] zone, which was created in 1994 to serve the Victoria Association for Community Living program for adults with disabilities, would cease to exist. The proposed Multiple Family Residential [RM-1] zone aligns with the zoning that has been granted to the adjacent properties, by the municipality, as a means to facilitate higher density development in this area. There is a provision in the zoning bylaw that would also allow the use of the property as a single family home, within the RM-1 zone.
Parking
There is sufficient parking on the site for the single family residential use.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on February 20, 2018. The APC members were supportive of the application.
The APC made the following motion: The Esquimalt Advisory Planning Commission [APC] recommends that the application for rezoning and an OCP amendment to authorizing the change from Institutional use to Residential use without any physical changes to the property at 520 Constance Avenue [PID 006-377-408, Lot 132, Suburban Lot 38, Esquimalt District, Plan 2854] be forwarded to Council with a recommendation to approve; as the requested use fits with the uses and character of the neighbourhood.
Note: All projects are subject to compliance with the BC Building Code, Esquimalt Subdivision and Servicing Bylaw, Esquimalt Zoning Bylaw and other Regulations and Policies set by Council.
Timeline
• January 15, 2018: Application for rezoning received by Development Services;
• February 20, 2018: Application presented to Advisory Planning Commission;
• March 5, 2018: OCP Consultation authorization to circulate, and Amendment Bylaw No. 2918 and amendment Bylaw No. 2919 presented to Council for consideration of first and second reading.
ISSUES:
1. Rationale for Selected Option
By law, Council must consider who should be consulted and how they should be consulted for all Official Community Plan amendments.
The proposal ‘Supports community growth, housing and development consistent with our Official Community Plan’. The proposed changes are consistent with the character and existing designations in the neighbourhood. The APC has recommended approval of the application.
2. Organizational Implications
This Request for Decision has no organizational implications.
3. Financial Implications
This Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
This Request for Decision has no significant sustainability or environmental implications.
5. Communication & Engagement
OCP Amendment Consultation
In addition to the consultation list provided in Appendix ‘A’, Council may decide to further consult persons, organizations, and authorities that it considers will be affected by the proposed amendment.
Public Notification
As this is an OCP amendment and a rezoning application, should it proceed to a Public Hearing, a notice would be mailed to tenants and owners of properties within 100m (328 ft) of the subject property. A sign indicating that the property is under consideration for a change in zoning has been placed on the Constance Avenue frontage of the property and would be updated to reflect the date, time and location of the Public Hearing. Additionally, notice of the Public Hearing would be placed in two editions of the Victoria News.
Applicant neighbourhood meeting submission
The applicants have indicated that they held the required neighbourhood meeting at the subject property on January 11, 2018. They notified all owners and residents within 100m of the subject property and five people attended the meeting. The only concern raised at that meeting was whether the property should be zoned for single family residential or for the multiple family residential [townhouse] use being requested.
ALTERNATIVES:
1. That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan and Zoning Bylaw Amendment concept plan, attached as Appendix ‘A’, detailing the proposed development (without physically changing the building) for 520 Constance Avenue [PID 006-377-408, Lot 132, Suburban Lot 38, Esquimalt District, Plan 2854] to those persons, organizations and authorities identified in Appendix ‘A’; and
That Council read Bylaw No. 2918 Appendix ‘B’ and Bylaw No. 2919 Appendix ‘C’ a first and second time, and direct staff to schedule a Public Hearing.
2. That Council amend the list in Appendix ‘A’ by adding or deleting persons, organizations, and authorities that it considers will be affected by the proposed amendment to the Official Community Plan prior to authorizing alternative ‘1’;
3. That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan and Zoning Bylaw Amendment concept plan, attached as Appendix ‘A’, detailing the proposed development (without physically changing the building) for 520 Constance Avenue to those persons, organizations and authorities identified in Appendix ‘A’; and that Council postpose consideration of Bylaw No. 2918 [Appendix ‘B’], and Bylaw No. 2919 [Appendix ‘C’] pending receipt of additional information.
4. That Council amend the list in Appendix ‘A’ by adding or deleting persons, organizations, and authorities that it considers will be affected by the proposed amendment to the Official Community Plan prior to authorizing alternative ‘3’.