REQUEST FOR DECISION
DATE: December 11, 2018 Report No. DEV-18-085
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment Consultation - 636 and 640 Drake Avenue
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 - Proposed Development Concept Plan, attached as Appendix ‘B’, detailing the proposed development for 636 and 640 Drake Avenue [Lot 2 of Suburban Lot 50 and 41, Esquimalt District, Plan 25565, PID 002-923-157 and Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565, PID 002-923-211] to those persons, organizations and authorities identified in Appendix ‘A’ of Staff Report DEV-18-085.
Body
RELEVANT POLICY:
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, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective:
• Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: OCP Consultation List
Appendix B: Letter and Proposed Development Concept Plan
Appendix C: Subject Property Maps
Purpose of the Application
The applicant is requesting a change in the Official Community Plan - ‘Proposed Land Use Designation’ from the current designation ‘Low Density Residential’ to ‘Townhouse Residential’, and a change in zoning from the current RD-1 [Two Family Residential] zone to a Comprehensive Development District zone [CD], to accommodate the proposed eight (8) strata townhouse residences, to be constructed in three buildings on the subject property.
The existing two duplexes would be demolished and eight new dwelling units would be constructed. Should the rezoning be approved, the form and character of the buildings and landscaping would be controlled by a development permit that would be considered by Council at a future date.
Official Community Plan [OCP] Consultation
The OCP’s current designation for the property is ‘Low Density Residential’, which does not support an option for ‘Townhouse Residential’ uses. 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, by changing the designation for the subject properties to ‘Townhouse 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 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 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.’ There have already been consultation efforts by the owner, with local residents, and the recommendation of this report would provide for early efforts specifically with respect to the OCP amendment.
ISSUES:
1. Rationale for Selected Option
By law, Council must consider who should be consulted and how they should be consulted for all Official Community Plan amendments.
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 significant sustainability or environmental implications.
5. Communication & Engagement
OCP Amendment Consultation
In addition to the consultation list provided in Appendix ‘A’, Council may decide to further consult persons, organizations, and authorities that it considers will be affected by the proposed amendment.
Public Notification
As this is an OCP amendment and a rezoning 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. Signs indicating that the properties are under consideration for a change in zoning have been placed on the Drake Avenue frontage of both the properties and would 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 meeting submission
The applicant has indicated that they held a public meeting (open house) and met with neighbours on June 8, 2018 in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791.
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 Proposed Development Concept Plan, attached as Appendix ‘B’, detailing the proposed development for 636 and 640 Drake Avenue [Lot 2 of Suburban Lot 50 and 41, Esquimalt District, Plan 25565, PID 002-923-157 and Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565, PID 002-923-211] to those persons, organizations and authorities identified in Appendix ‘A’ of Staff Report DEV-18-085.
2. That Council amend the list in Appendix ‘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’.