REQUEST FOR DECISION
DATE: April 30, 2019 Report No. DEV-19-041
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment Consultation List - 616/620 Constance Avenue, 619/623 Nelson Street and 1326 Miles 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 and Zoning Bylaw Amendment concept plan, attached as Appendix ‘B’ to Staff Report DEV-19-041, detailing the proposed development at 616 Constance Avenue [PID 000-713-465 Lot 95, Suburban Lot 44, Esquimalt District, Plan 2854], 620 Constance Avenue [PID 000-819-832 Lot 4, Suburban Lot 44, Esquimalt District, Plan 3135], 619 Nelson Street [PID 006-393-608 Lot 84, Suburban Lots 44 and 45, Esquimalt District, Plan 2854], 623 Nelson Street [PID 006-278-647 Lot 3, Suburban Lot 44, Esquimalt District, Plan 3135], and 1326 Miles Street [PID 006-375-723 Lot 96, Suburban Lot 44, Esquimalt District, Plan 2854] + [PID 006-375-693 Lot 85, Suburban Lot 44, Esquimalt District, Plan 2854] to those persons, organizations, and authorities identified in Appendix ‘A’ of Staff Report DEV-19-041.
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RELEVANT POLICY:
Sections 475 and 476 of the Local Government Act
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: Official Community Plan Consultation List
Appendix B: Proposed Development Concept Plan
Purpose of the Application
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 uses proposed. The change in zoning is required to accommodate the proposed 12 storey, commercial mixed use, multiple family residential building including 109 residential units, 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 3 retail commercial units on the ground floor and a daycare unit on the 2nd 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 a mix of ‘High Density Residential’ to ‘Commercial/Commercial Mixed-Use’.
In areas designated ‘Commercial/Commercial Mixed-Use’, buildings with a floor area ratio of up to 3.0 for the residential portion of the building may be acceptable. As the FAR for the residential portion of this building is about 3.21 and exceeds 3.0, the applicant will have to provide community amenities deemed appropriate by Council as part of the density bonus of floor space.
The applicant has proposed the following as density bonus amenities:
• Group daycare for children
• Mass timber construction
• Passive House certification
• 8 affordable housing units
• 3 special needs housing units
• Right of way in the southeast corner to allow for privately owned publicly accessible open space
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.
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, as per the Local Government Act.
2. Organizational Implications
The Request for Decision has no organizational implications.
3. Financial Implications
The Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
The Request for Decision has no sustainability or environmental implications.
5. Communication & Engagement
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. Furthermore, a statutory public hearing will also be required.
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 ‘B’ to Staff Report DEV-19-041, detailing the proposed development for 616 Constance Avenue [PID 000-713-465 Lot 95, Suburban Lot 44, Esquimalt District, Plan 2854], 620 Constance Avenue [PID 000-819-832 Lot 4, Suburban Lot 44, Esquimalt District, Plan 3135], 619 Nelson Street [PID 006-393-608 Lot 84, Suburban Lots 44 and 45, Esquimalt District, Plan 2854], 623 Nelson Street [PID 006-278-647 Lot 3, Suburban Lot 44, Esquimalt District, Plan 3135], and 1326 Miles Street [PID 006-375-723 Lot 96, Suburban Lot 44, Esquimalt District, Plan 2854] + [PID 006-375-693 Lot 85, Suburban Lot 44, Esquimalt District, Plan 2854] to those persons, organizations and authorities identified in Appendix ‘A’ of Staff Report DEV-19-041.
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’.