REQUEST FOR DECISION
DATE: January 5, 2021 Report No. DEV-22-001
TO: Laurie Hurst, Chief Administrative Officer
FROM: Yvonne Mitchell, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
OCP Amendment Consultation List - 553 Paradise Street
End
RECOMMENDATION:
Recommendation
That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan Amendment - Proposed Development Concept Plan, attached as Appendix “B” to Staff Report DEV-22-001, detailing the proposed development at 553 Paradise Street [PID 009-172-971; Lot 3, Block G, Section 11, Esquimalt District, Plan 292], to those persons, organizations, and authorities identified in Appendix “A” of Staff Report DEV-22-001.
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 (OCP).
BACKGROUND:
Appendix A - Official Community Plan Consultation List
Appendix B - Proposed Development Concept Plan
Purpose of the Application
Staff have received an application for an Official Community Plan (OCP) amendment and rezoning for 553 Paradise Street. The OCP amendment is to change one applicable development permit area from DPA No. 6 Multi-Family Residential to DPA No. 3 Enhanced Design Control Residential. The zoning bylaw amendment is to change the zoning of the subject property from Single Family Residential [RS-1] to Single Family DADU Residential [RS-6]. The change in Official Community Plan Development Permit Area and zoning is to accommodate the proposed Detached Accessory Dwelling Unit, as detailed in the proposed development concept plan [Appendix B].
Official Community Plan [OCP] Consultation
Currently, the subject property is within Development Permit Area No. 6 Multi-Family Residential. The proposed development is not consistent with this Development Permit Area. The proposed amendment to the Official Community Plan would consist of an amendment to Schedule “H” of the Official Community Plan Bylaw, 2018, No. 2922, being the Development Permit Areas Map, changing one applicable Development Permit Area from DPA No. 6 Multi-Family Residential to DPA No. 3 Enhanced Design Control Residential.
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 have reviewed the requirements of Section 475 of the Local Government Act and 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.” The applicant held a Public Meeting to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791, on August 18, 2021.
ISSUES:
1. Rationale for Selected Option
The Local Government Act requires Council to consider who should be consulted and
how they should be consulted for all Official Community Plan amendments.
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 will not have significant
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
consult other persons, organizations, and authorities that it considers will be affected
by the proposed OCP amendment.
Public Notification
As this is an OCP amendment application, should it proceed to a Public Hearing, a
notice 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 has been placed on the
Paradise Street frontage and will 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 Consultation
The applicant has held a Public Meeting to comply with the public
consultation procedures of Development Application Procedures and Fees Bylaw,
2012, No. 2791.
ALTERNATIVES:
1) That Council authorize staff to circulate the proposed development concept plan that will form the basis of the proposed amendment to the Official Community Plan to the list of persons, organizations, and authorities detailed in Appendix A of Staff Report DEV-22-001.
2) That Council amend the list in Appendix A of Staff Report DEV-22-001 by adding or removing persons, organizations, or authorities.
3) That Council does not authorize staff to circulate the proposed development concept plan that will form the basis of the proposed amendment to the Official Community Plan.