REQUEST FOR DECISION
DATE: August 03, 2022 Report No. DEV-22-066
TO: Laurie Hurst, Chief Administrative Officer
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment Consultation List - 906 Old Esquimalt Road
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 Amendment application and proposed development concept plan, attached as ‘Appendix C’ to Staff Report DEV-22-066, detailing a proposal requiring a change to Official Community Plan, Schedule H- Development Permit Areas, for the parcel identified as 906 Old Esquimalt Road [PID 009-286-292; Lot 6, Block 1, Section 11, Esquimalt District Plan 195 lying to the west of Plan 10832 except that part in Plan 16588], from ‘Development Permit Area No. 3 - Enhanced Design Control Residential’ to ‘Development Permit Area No. 6 - Multi-Family Residential’, for Council to consider approval of the concurrent Rezoning Application for the subject property to permit the use of the parcel for one duplex and one triplex, to those persons, organizations and authorities identified in ‘Appendix B’ of Staff Report DEV-22-066.
Body
RELEVANT POLICY:
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan
BACKGROUND:
Appendix A: Key Map
Appendix B: Official Community Plan Consultation List
Appendix C: Proposed Development Concept Plan
Chronology
June 2, 2022, Application Received
PURPOSE
The applicant is requesting an amendment to the Official Community Plan, Schedule H- Development Permit Areas from the current designation of ‘Development Permit Area 3 - Enhanced Design Control Residential’ to a designation of ‘Development Permit Area No. 6 - Multi-Family Residential. The change in Official Community Plan Development Permit Area designation is required to accommodate the townhouse development that is proposed. A change in zoning is also required to accommodate the development as detailed in the proposed development concept plan [Appendix C]. The proposed development is consistent with the proposed Land Use Designation of “Townhouse Residential” Schedule ‘B’ in the Official Community Plan.
Currently, the subject property contains a Single-Family Dwelling and is designated DPA 3 - Enhanced Design Control Residential as shown ion Schedule ‘H’. DPA 3 provides guidelines for two-unit dwellings. The proposed development of a duplex and a triplex is therefore not consistent with this Development Permit Area. Therefore, the proposed amendment to the Official Community Plan would consist of an amendment to Schedule ‘H’ to designate this parcel as part of Development Permit Area 6 - Multi-Family Residential.
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 have reviewed the requirements of Section 475 of the Local Government Act and provided a tentative list [Appendix B] 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. 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 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 for all Official Community Plan amendments, as per the Local Government Act.
2. Organizational Implications
The proposed amendment to the Official Community Plan has no organizational implications.
3. Financial Implications
The proposed amendment to the Official Community Plan has no financial implications.
4. Sustainability & Environmental Implications
The proposed amendment to the Official Community Plan has no 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 affected by the proposed amendment.
Public Notification
As this is an OCP Amendment and a Rezoning application, 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. A sign indicating that the property is under consideration for a change in OCP Development Permit Area and zoning will be placed on the Old Esquimalt Road frontage and will be updated to reflect the date, time and location of the Public Hearing. Additionally, Notice of the Public Hearing will be published in two editions of the Victoria News.
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. The applicant held a Public Meeting on August 4, 2022.
ALTERNATIVES:
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 C’ to Staff Report DEV-22-066, detailing the proposed development at as 906 Old Esquimalt Road [PID 009-286-292; Lot 6, Block 1, Section 11, Esquimalt District Plan 195 lying to the west of Plan 10832 except that part in Plan 16588] to those persons, organizations, and authorities identified in ‘Appendix B’ of Staff Report DEV-22-066.
2. That Council amends the list in ‘Appendix B’ by adding or removing persons, organizations, and authorities that it considers affected by the proposed Official Community Plan Amendment prior to authorizing Alternative ‘1.’
3. That Council request additional information from staff.
4. That Council provide alternate direction to staff.