REQUEST FOR DECISION
DATE: November 25, 2021 Report No. DEV-21-084
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
OCP Amendment Consultation List - 602, 608, & 612 Nelson Street
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RECOMMENDATION:
Recommendation
That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan Amendment concept plan, attached as Appendix ‘B’ to Staff Report DEV-21-084, detailing the proposed development at 602 Nelson Street [PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993], 608 Nelson Street [PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394], and 612 Nelson Street [PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871] to those persons, organizations, and authorities identified in Appendix ‘A’ of Staff Report DEV-21-084.
Body
RELEVANT POLICY:
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan
BACKGROUND:
Appendix A: Official Community Plan Consultation List
Appendix B: Proposed Development Concept Plan
PURPOSE:
The applicant is requesting a change in the Official Community Plan Proposed Land Use Designation from the current designation of High Density Residential to Commercial/Commercial Mixed-Use, and a change in zoning from the current RM-1 [Multiple Family Residential] to a Comprehensive Development District zone. The change in Official Community Plan Proposed Land Use Designation is required to accommodate the commercial use proposed. The change in zoning is required to accommodate the proposed 12-storey, commercial mixed use, multiple-family residential building, as detailed in the proposed development concept plan [Appendix B].
Currently, the subject property has a proposed land use designation of ‘High Density Residential’. The proposed development is not consistent with this land use designation as the proposed development includes commercial uses. The plans show one commercial unit on the ground floor.
Therefore, the proposed amendment to the Official Community Plan would consist of an amendment to Schedule ‘B’ of the Official Community Plan Bylaw, 2018, No. 2922, being the Proposed Land Use Designations Map, changing the Land Use Designation for the subject site from ‘High Density Residential’ to ‘Commercial/Commercial Mixed-Use’.
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
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. Board of education, greater boards and improvement District Boards
vi. the Provincial and Federal government 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 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 Nos. 61 and 93 have been included in the list to address this requirement.
Furthermore, as per Section 475 (2)(a) of the Local Government Act, Council must “consider whether the opportunity for consultation with one or more of the persons, organizations and authorities should be early and ongoing”. The applicant has already made efforts in public consultation to neighbouring residents, and the recommendation of this report would provide for early efforts, specifically with respect to the Official Community Plan amendment.
ISSUES:
1. Rationale for Selected Option
Council must consider who should be consulted and how they should be consulted for all Official Community Plan amendments, as per the Local Government Act.
2. Organizational Implications
The proposed amendment to the Official Community Plan has no organizational implications.
3. Financial Implications
The proposed amendment to the Official Community Plan has no financial implications.
4. Sustainability & Environmental Implications
The proposed amendment to the Official Community Plan has no 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 affected by the proposed amendment.
Public Notification
As this is an OCP amendment and a rezoning application, a statutory public hearing will also be required. Notices would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property. A sign indicating that the property is under consideration for a change in OCP Development Permit Area and zoning will be placed on the Nelson Street frontage and would be updated to reflect the date, time, and location of the Public Hearing. Additionally, Notice of the Public Hearing would be published in two editions of the Victoria News.
Applicant Notification
The applicant is required to hold a Public Meeting to comply with the public consultation procedure of the Development Application Procedures and Fees Bylaw, 2012, No. 2791.
ALTERNATIVES:
1. That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan Amendment concept plan, attached as Appendix ‘B’ to Staff Report DEV-21-084, detailing the proposed development at 602 Nelson Street [PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993], 608 Nelson Street [PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394], and 612 Nelson Street [PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871] to those persons, organizations, and authorities identified in Appendix ‘A’ of Staff Report DEV-21-084.
2. That Council amend the list in Appendix ‘A’ by adding or removing persons, organizations, and authorities that it considers affected by the proposed Official Community Plan Amendment prior to authorizing Alternative ‘1’.
3. That Council not authorize staff to circulate the proposed development concept plan that will form the basis of the proposed amendment to the Official Community Plan.