TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: January 27, 2025 Report No. DEV-25-003
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Official Community Plan Amendment Consultation List - 1209 Lyall Street
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 detailing the proposed development at 1209 Lyall Street as outlined in Staff Report No. DEV-25-003.
Body
EXECUTIVE SUMMARY:
The applicant has made a rezoning and Official Community Plan amendment application to permit a 32m2 (345 ft2) tasting and licensed retail sales space, for ten or less patrons at a time, to the existing front room of the building intended to complement the existing micro beverage manufacturer use.
The OCP amendment to the Proposed Land Use Designation is required to accommodate the commercial use in their historically significant, former commercial location within the existing Low Density Residential Land Use Designation. This would be accomplished by adding a policy to the Low Density Residential designation to account for these historic properties that had a greater intensity of commercial use. While they would be used more so than typical home occupations, they would not reach the intensity of Neighbourhood Commercial Mixed-Use.
BACKGROUND:
Chronology:
• August 14, 2024 - OCP amendment and Rezoning application received
• November 13, 2024 - Design Review Committee
• November 19, 2024 - Advisory Planning Commission
Context:
The purpose of the combined Rezoning and OCP amendment application is to add a 32m2 (345 ft2) tasting and licensed retail sales space, for ten or less patrons at a time, to the existing front room of the building intended to complement the existing micro beverage manufacturer use. The amendment to the OCP is required because the proposed tasting room use is not consistent with the current Proposed Land Use Designation of Low Density 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
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.
ANALYSIS:
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 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 with neighbouring residents, and the recommendation of this report would provide for early efforts, specifically with respect to the Official Community Plan amendment.
OPTIONS:
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’, detailing the proposed development at 1209 Lyall Street to those persons, organizations, and authorities identified in Appendix ‘A’.
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 staff to circulate the Official Community Plan Amendment concept plan.
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.
COUNCIL PRIORITY:
Diversified and Thriving Economy
FINANCIAL IMPACT:
The proposed amendment to the Official Community Plan has no financial implications.
COMMUNICATIONS/ENGAGEMENT:
Public Notification
As this is an Official Community Plan amendment, 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. Signage indicating that the property is under consideration for a change in zoning has been placed on the 1209 Lyall Street frontage and would be updated to reflect the date, time, and location of the Public Hearing.
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.
TIMELINES & NEXT STEPS:
Subsequent to the circulation of the Official Community Plan Amendment proposal:
• The persons, organizations and authorities on the consultation list will be given a period of 30 days to comment.
• The applicant will address the concerns of the various committees and staff before a bylaw is drafted and brought to Council for consideration of 1st reading.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Ian Irvine, Director of Finance, Reviewed
3. Deb Hopkins, Director of Corporate Services, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Official Community Plan Consultation List
2. Appendix B: Proposed Development Concept Plan