REQUEST FOR DECISION
DATE: April 12, 2016 Report No. DEV-16-027
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner
SUBJECT:
Title
Council consultation with persons, organizations, and authorities it considers may be affected by the proposed amendment to the Official Community Plan for 527 Fraser Street, [Proposed Lot A, Section 11, Esquimalt District, Plan EPP60266 (Registration Pending)].
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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 and Zoning Bylaw Amendment Site Plan attached as Schedule ‘B’ to Staff Report DEV-16-027, detailing the proposed development for the northwest portion of 527 Fraser Street, [Proposed Lot A, Section 11, Esquimalt District, Plan EPP60266 (Registration Pending)] to those persons, organizations and authorities identified in the OCP Amendment Circulation List attached as Schedule ‘A’ to Staff Report DEV-16-027.
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RELEVANT POLICY:
Sections 475 and 476 of the Local Government Act
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
STRATEGIC RELEVANCE:
This Request for Decision directly relates to the Council’s strategic objective of Parks & Recreation enhancements and strategic parkland acquisition and expansion.
BACKGROUND:
Context:
Applicant/ Owner: Township of Esquimalt
Existing OCP Designation: Commercial Mixed-Use/ Institutional
Proposed OCP Designation: Institutional
Existing Zoning: RS-1 [Single Family Residential]/ P-1 [Public/ Institutional]
Proposed Zoning: P-1 [Public/ Institutional]
Schedules:
‘A’ OCP Amendment Consultation List;
‘B’ Official Community Plan and Zoning Bylaw Amendment Site Plan for the Fraser Street Adventure Park; and
‘C’ Plan EPP60266 [Registration Pending].
Purpose of the Application:
The Township of Esquimalt has, over a number of years, acquired three parcels on the east side of the 500 block of Fraser Street, abutting the Esquimalt Recreation Centre property. Parks and Recreation Services, with the approval of Council, plan to construct the “Fraser Street Adventure Park” on these three parcels and integrate the new facility into the Esquimalt Recreation Centre operations. Given the proposed use is institutional in nature as it represents an extension of the Recreation Centre and given Parks and Recreation Services desire to manage the Recreation Centre properties as one legal parcel, staff have coordinated required land surveys an undertaken consolidation of the three Fraser Street parcels with the Recreation Centre parcel to create one large property.
The proposed Landscape Plan for the Fraser Street Adventure Park, stamped ‘Received April 4, 2016’ is attached as Schedule ‘B’ to Staff Report DEV-16-027.
The OCP’s current Land Use Designation for the lands formerly identified as Remainder Lot 5, Plan 6722, shown on Plan EPP60266, attached as Schedule ‘C’ to Staff Report DEV-16-027, is ‘Commercial Mixed-Use’. This designation does not support institutional uses, therefore, an amendment to the Official Community Plan is required and would include:
An amendment to Schedule ‘A’ of the Official Community Plan Bylaw, 2006, No. 2646, being the Land Use Designation Map, changing the Land Use Designation for Remainder Lot 5, Plan 6722, shown on Plan EPP60266, from ‘Commercial Mixed-Use’ to ‘Institutional’;
An amendment to Schedule ‘C’ of the Official Community Plan, Bylaw No. 2646, being the Development Permit Areas Map, removing Remainder Lot 5, Plan 6722, shown on Plan EPP60266, from ‘Development Permit Area No. 2 -‘Commercial’; and
An amendment to Schedule ‘D’ of the Official Community Plan, Bylaw No. 2646, being the Public Facilities Map, adding Remainder Lot 5, Plan 6722, Remainder Lot 6, Plan 6722 and Remainder Lot 7, Plan 6722, all shown on Plan EPP60266, to the ‘Municipal Facilities’ designation.
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:
• 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;
• The board of any regional district that is adjacent to the area covered by the plan;
• The council of any municipality that is adjacent to the area covered by the plan;
• First Nations;
• Boards of education boards, greater boards, and improvement district boards, and
• 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 [Schedule ‘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.
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 recommendation of this report would provide for early efforts specifically with respect to the OCP amendment.
ISSUES:
1. Rationale for Selected Option
As a matter of law, Council must consider who should be consulted and how they should be consulted.
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 sustainability and environmental implications.
5. Communication & Engagement
In addition to the consultation list provided in Schedule ‘A’ to Staff Report DEV-16-027, Council may decide to further consult persons, organizations, and authorities that it considers will be affected by the proposed amendment.
Should this application for OCP Amendment and the associated rezoning application, be forwarded to Public Hearing, notice would be mailed to tenants and owners of properties located within 100 metres (328 ft) of the subject property. Notice of the Public Hearing would be placed in two editions of the Victoria News and a sign indicating that the property is under consideration for a change in OCP designation and zoning that has been in place on the Fraser Street frontage since March 2016 would be updated to show the date, time and location of the Public Hearing.
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 Site Plan attached as Schedule ‘B’ to Staff Report DEV-16-027 describing the proposed development for the northwest portion of 527 Fraser Street, [Proposed Lot A, Section 11, Esquimalt District, Plan EPP60266 (Registration Pending)] to those persons, organizations, and authorities identified in Schedule ‘A’ of Staff Report DEV-16-027.
2. That Council amend the list in Schedule ‘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’.