REQUEST FOR DECISION
DATE: May 27, 2020 Report No. DEV-20-030
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Request to Waive Public Hearing - Rezoning Application -1048 Tillicum Road.
End
RECOMMENDATION:
Recommendation
That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2994 attached as Appendix A to Staff Report No. DEV-20-030 which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1048 Tillicum Road [PID 005-010-390, Lot D, Section 10, Esquimalt District, Plan 11683], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2994, from Two Family Residential [RD-1] to Comprehensive Development District No. 132 [CD. No.132].
Body
RELEVANT POLICY:
Ministerial Order No. M139 - Order of the Provincial Health Officer Mass Gathering Events
Declaration of a Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Livable, healthy and diverse community - support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Bylaw No. 2994 - Zoning Amendment [CD132] - 1048 Tillicum Road
Appendix B: DRAFT Notice of Public Hearing Waived
Appendix C Architectural Drawings, Colour Board, Optional Garage Design, Shadow Study, BCLS, Landscape Plan
Purpose of the Application
The purpose of Staff Report DEV-20-030 is to recommend to Council that the Public Hearing for the rezoning application for 1048 Tillicum Road be waived pursuant to Local Government Act Section 464(2).
Responding to the unusual situation created by the COVID-19 pandemic, the Province has identified two approaches that local governments can use to process applications, including with or without holding Public Hearings that recognize physical distancing limitations:
1. Waiving the Public Hearing for rezoning applications that are consistent with the Official Community Plan (OCP). Section 464 (2) of the Local Government Act (LGA) already authorizes a Council to do this under normal circumstances, and the Province has recently encouraged local governments to seriously consider this approach due to the Order of the Provincial Health Officer Mass Gathering Events that prevents the public from physically attending Public Hearings; or
2. Holding electronic Public Hearings, as per Ministerial Order No. 139 (M139) that was issued to local governments on May 1, 2020. Intended to be in effect during the period of the declaration of a state of emergency, M139 adds to existing LGA legislation by authorizing Councils to hold Public Hearings through electronic or other communication facilities. This enables the public to provide direct oral input to Council by way of appearing before Council via tele-conference, in addition to written public input submissions, and does not require the public to be physically present before Council.
ISSUES:
1. The Local Government Act has permitted waiving of Public Hearings for years prior to this pandemic and in the interest of supporting continued economic activity within the Township; staff have identified the rezoning application for 1048 Tillicum Road as a reasonable candidate for waiving the Public Hearing.
The rationale for this includes:
1. the proposed rezoning to CD-132 Zone is consistent with both OCP land use policies and the Proposed Land Use Designation of Townhouse Residential identifying three storey townhomes as appropriate for the subject property and adjacent parcels in this area;
2. The applicant held a Public Open House on October 9, 2019 in the Greenside Lounge of the Gorge Vale Golf Club. Three pairs of local residents attended the meeting and all expressed no objection to the rezoning or the proposed design of the townhomes.
3. The addition of desirable, ‘missing middle’ family oriented housing close to transit services and a major park would improve housing choice in the area;
4. the proposed rezoning application is under the maximum density cited in the OCP for Townhouse Residential development, is consistent with neighbouring townhouse projects and the proposed height is similar to the maximum height for other recently approved townhouse applications; and
5. the proposed five strata townhouse residences to be constructed in two buildings on the subject property is similar to recently approved and constructed townhouse projects located to the north and would continue the densification and revitalization of the 1000 block of Tillicum Road.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
Sensitive densification, particularly along major roadways well served by transit and in proximity to local services and parks is accepted as a sustainable approach to community development.
5. Communication & Engagement
Should Council waive the public hearing, staff would undertake notification pursuant to Local Government Act, Section 467 including mailing out a Notice of Public Hearing Waiver (see DRAFT version Appendix B) 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 Tillicum Road frontage of the property and would be updated to reflect the date, time and location of the Council Meeting at which the application would be considered for 3rd reading. Additionally, Notice of Public Hearing Waived would be placed in two editions of the Victoria News.
ALTERNATIVES:
1. Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2994 which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1048 Tillicum Road from Two Family Residential [RD-1] to Comprehensive Development District No. 132 [CD. No.132] and direct staff to return Amendment Bylaw No. 2994 to Council for consideration of 3rd reading.
2. Council proceeds with a Public Hearing. Unless the Order of the Provincial Health Officer change this requires staff to develop an electronic Public Hearing process and then proceed to schedule the electronic Public Hearing.