REQUEST FOR DECISION
DATE: May 21, 2018 Report No. DEV-18-032
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Public Hearing for the proposed Official Community PlanEnd
RECOMMENDATION:
That Council, after considering all of the information received during the public hearing, decide whether or not to make any amendments to the Official Community Plan Bylaw, 2018, No. 2922 at third reading.
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Township of Esquimalt 2017 Financial Plan
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Capital Regional District Solid Waste Management Plan
Capital Regional District Core Area Liquid Waste Management Plan
Agricultural Land Commission Act, SBC 2002, Chapter 36
Environmental Management Act
Local Government Act
STRATEGIC RELEVANCE:
The public hearing is an essential component to the operational strategy to “Adopt and implement an updated OCP including all DP Guidelines”.
BACKGROUND:
On May 7, 2018, Council gave second reading to the proposed Official Community Plan Bylaw as amended (attached as Schedule “A”) and authorized staff to schedule a public hearing. The proposed Official Community Plan represents almost three years of consultation with the community, community groups, schools, and other organizations that affect and are affected by the Plan. Consultation took place in a number of different forms including on-line surveys, face-to-face meetings, two public forums, social media, a booth at the 2017 Buccaneer Days, Council workshops, and direct communications. In addition, a number of initiatives such as the Age Friendly Assessment, the West Bay Neigbourhood Design Guidelines, and the Housing Forum provided important background information that informed the development of Plan policies and guidelines.
In addition to the input outlined above, it should be noted that since Council gave second reading to the proposed Official Community Plan Bylaw, several new submissions have been received (attached as Schedule “B”). In addition, as per Council direction to staff, the Plan was reviewed by the Design Review Committee on May 9, 2018. The draft minutes from the meeting which include the Committee’s recommendations are attached as Schedule “C”.
Throughout the process, great care has been taken to ensure compliance with the relevant legislation - particularly the requirements of the Local Government Act. To this end, it should be noted that the public hearing is the last chance for public input prior to adoption of the Official Community Plan Bylaw. Council must also be cognizant of the fact that if they make any amendments at third reading that affect “use” or “density” a new public hearing will be required. Other substantive changes may also affect the Bylaw adoption procedures (e.g. those affecting Regional Context Statement will require referral anew to Capital Regional District). As there are a number of new initiatives in this Plan as described below, staff will be closely monitoring the implementation of the Plan and bringing forth any necessary or recommended amendments forthwith. Council should anticipate regular reviews of the Plan in order to keep the Plan relevant to contemporary community values and to avoid long multi-year review processes that result in abrupt changes.
Highlights of the Plan include:
- An updated regional context statement given the Capital Regional District’s new Regional Growth Strategy bylaw;
- inclusion of a “Present Land Use Designation Map” which represents existing land uses;
- Inclusion of a “Proposed Land Use Designation Map” which represents the desired future land uses;
- Land use designations for residential, commercial, industrial, institutional, agricultural, recreational and public utility land uses, including mixed-use designation and introducing a new “Neighbourhood Commercial Mixed-use” land use designation;
- Fifteen development permit area designations, including: form and character designations for commercial, industrial, multi-family residential, intensive residential and revitalization of an area in which a commercial use is permitted; site-specific designations at McLoughlin Point, Town Square and English Inn; a new “West Bay” development permit area; Township wide development permit areas for the “protection of the natural environment”, “energy conservation and greenhouse gas reduction”, and “water conservation”; and a new “protection of development from hazardous conditions” development permit area.
- Updated “Temporary Use Permit” and “Development Approval Information” provisions;
- A detailed analysis of proposed housing needs and residential development, including new policies to allow suites in duplexes, and to allow detached accessory dwelling units (garden suites, granny flats, coach houses, etc.) subject to appropriate zoning;
- Setting a target of a 38 percent reduction in community greenhouse gas emissions by 2030 based on the 2007 baseline;
- Setting a target of zero net community greenhouse has emissions by 2050;
- Chapters on “Parks, Recreation and Trails”, “Transportation”, “Infrastructure”, “Environment, Energy and Climate Change”, “Federal Lands”, “Urban Agriculture”, “Arts, Culture & Heritage”, “Economic Development”, and more; and
- Additional maps regarding the “Roads Network”, “Sewer Network”, “Water Network”, Public Parks and Facilities”, “Public View Corridors” and “Development Permit Areas”.
As Council considers any final changes to the Plan before the Bylaw is adopted, it is incumbent on all concerned to remember the purpose of the Plan, namely, to provide a statement of objectives and policies, including map designations, to guide decisions on planning and land use management, within the Township, respecting the purposes of local government.
ISSUES:
1. Rationale for Selected Option
It is imperative that Council hear from those who wish to provide comments on the proposed Plan in order to ensure that due process has been completed and that Council has received all of the pertinent information from the public to guide their decision making process.
2. Organizational Implications
The Plan does not contain any significant organizational implications. Most of the proposed policies that require staff involvement would be accommodated in the regular work plans of staff or in approved projects.
3. Financial Implications
Although an Official Community Plan does not commit or authorize a municipality to proceed with any project that is specified in the Plan, all bylaws enacted or works undertaken by a council must be consistent with the Plan. It is therefore important that Council not adopt a Plan containing policies that could compel it to undertake works that it does not intend to undertake at this time. This is one of the reasons that the Plan contains very general language.
4. Sustainability & Environmental Implications
The proposed Plan contains many policies and guidelines related to sustainability and the environment. These include new targets for the reduction of greenhouse gas emissions and new development permit areas for the protection of the natural environment, reduction in greenhouse gas emissions and the conservation of energy, and the conservation of water.
5. Communication & Engagement
As outlined above, there has been an extensive public consultation process associated with the review of the draft Official Community Plan. Specifically related to the public hearing, two notices were published in the Victoria News. In addition, the public hearing was publicized on the Township’s website.
ALTERNATIVES:
1. That Council, after considering all of the information received during the public hearing, decide whether or not to make any amendments to the Official Community Plan Bylaw, 2018, No. 2922 at third reading.
2. That Council, after considering all of the information received during the public hearing, instruct staff to undertake further public consultation.