REQUEST FOR DECISION
DATE: April 28, 2020 Report No. DEV-20-024
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Public Hearing options during the COVID-19 Pandemic
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RECOMMENDATION:
Recommendation
Except as may be consistent with a relevant provincial order, should the province provide alternatives; that Council not implement alternative public hearing processes for amendments to either the Zoning Bylaw or the Official Community Plan Bylaw other than to consider waiving the requirement for a public hearing for rezoning applications that are consistent with the Official Community Plan.
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RELEVANT POLICY:
Declaration of a Climate Emergency
Community Charter [SBC 2003] CHAPTER 26
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:
To Goals or Priorities of current work program
BACKGROUND:
Appendix A: Ministerial Order No. M083
Public hearings are an integral part of the process to amend the Official Community Plan Bylaw and the Zoning Bylaw. Public hearings are governed by specific statutory requirements that have been augmented by a rich and lengthy body of case law. The current Orders of the Provincial Health Officer along with her guidance have made holding a public hearing in compliance with both the statutory and case law very difficult if not impossible. To date, the provincial government has not offered an alternative approach to public hearings that would satisfy both the principles of public hearings and protection of residents, Council members, and staff from the COVID-19 virus. Staff do believe, however, that a Ministerial Order outlining an alternative approach to public hearings is immi...
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