PROPOSED AMENDMENTS TO THE DEVELOPMENT PROCEDURES BYLAW AND INTRODUCTION OF A NEW PUBLIC NOTIFICATION BYLAW

COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole DATE: May 16, 2023 FROM: Stirling Scory, RPP, MCIP, Community Planner MEETING DATE: June 13, 2023

PROPOSED AMENDMENTS TO THE DEVELOPMENT PROCEDURES BYLAW AND INTRODUCTION OF A NEW PUBLIC NOTIFICATION BYLAW

RECOMMENDATION:

THAT the Committee recommend to Council that:

a. the notification distance be reduced from 400m to 100m for OCP amendments, all types of rezoning applications, temporary use permit applications and amendments to Land Use Contracts; b. reduce the notification distance for development variance permit development permit with variance and Board of Variance applications from 100m to properties immediately adjacent to the subject property c. Development Procedures Bylaw No. 730, 2009 be updated to ensure that the public hearing procedures are consistent with the Local Government Act; d. a new public notification bylaw be drafted that includes the following notification requirements: 1. direct notice mailout; 2. posting the notice in the public notice posting place; and 3. uploading information to the Town’s website and social media; and e. the delegation of minor variances be further explored and a follow-up report provided to Council.

PURPOSE:

The purpose of this report is to:

• present a summary of changes made to the Local Government Act through Bill 26 – 2021: Municipal Affairs Statutes Amendment Act (No. 2), 2021 and its effect on local government public notice and public hearing procedures;
• describe how the changes can improve staff efficiency and improve processes at the Town of View Royal;
• introduce proposed amendments to Development Procedures Bylaw No. 730, 2009, and a new Public Notification Bylaw No. 1106, 2023; and
• provide the Committee with the necessary background of the work completed to date and establish a clear path forward to adopt the proposed bylaws.

TIME CRITICAL:

Changes by the Province of BC introduced through Bill 26 have modified fundamental local government processes, including how municipalities may:

1. administer public hearings;
2. the methods by which local governments may choose to notify the public; and
3. what, if any, authority may be granted to staff to make discretionary decisions regarding minor variance applications.

Failure to address the changes in legislation result in outdated bylaws and has the potential to result in ongoing procedures and processes that are in contravention of provincial acts and regulations. The proposed amendments to the Development Procedures Amendment and introduction of a new Public Notification Bylaw are intended to be proactive and modernize existing processes.

BACKGROUND:

In late 2021 and early 2022, amendments to the Community Charter and Local Government Act (LGA) were introduced through Bill 26. The amendments provide additional tools for local governments to improve processing efficiencies for development applications, and while limited in scope, provide a significant opportunity for local governments to update and improve upon their existing procedures for applications. The intent of the changes was largely to address the challenges surrounding the housing supply and housing attainability crisis¹.

A summary of the proposed changes to the Bill are as follows:

1. Public Notifications: update the public notification methods for municipalities, including all required notification processes required of a local government (e.g., public meetings, elections, public hearings, and disposition of land);
2. Public Hearings: update the public hearing requirements and notification methods for rezoning applications; and
3. Delegated Authority: allow Council to delegate authority of minor development variances to staff.

On November 16, 2021, Council passed two motions in response to a staff report detailing the changes to take effect through the adoption of the Bill. The motions were as follows:

1. C-122-21 THAT a letter be written to the Minister of Municipal Affairs expressing concern about the proposed changes to section 464 of the Local Government Act that will remove the default requirements for local governments to hold public hearings for zoning bylaw amendments that are consistent with the official community plan.
2. C-123-21 THAT in response to the changes anticipated with Bill 26, a report be prepared to establish an approach with respect to public hearings for rezoning applications that are consistent with the official community plan.

Staff sent a letter to then Minister of Municipal Affairs, J. Osborne, on November 17, 2021 in accordance with motion C-122-21.

On July 12, 2022, staff presented an update to Committee of the Whole (COW). The COW report (Attachment 1) provides details on the procedures of the current processes of the Town’s public notification methods and public hearings, how Bill 26 may enable the Town to amend these processes, and what improvements may be expected with changes. The Committee discussed methods for public notification, public hearing requirements, and opportunities for delegation of authority. The report was received for information.

Following the July 12th Committee meeting, staff intended to bring a follow-up report and draft bylaws back to the Committee; however, with the timing of the municipal election, staff decided to wait to introduce new bylaws until after the municipal election. This report now provides these new bylaws.

DISCUSSION:

Proposed Development Notification Changes

The Town’s existing Development Procedures Bylaw provides a clear and concise process to regulate the posting of development application signs and public notice requirements for properties affected by the development of land. This includes notice distribution requirements for amendments to the Official Community Plan, Zoning Bylaw, or a land use contract, and the issuance of permits, including development permit with variance (DPV), a development variance permit (DVP), or a temporary use permit (industrial or commercial). The bylaw also specifies the notice details that are required, the time required to notify, and the distance or buffer area required for notice from the proposed development site.

Notification distances are used as a buffer drawn from a property’s property lines to the pre-set distance established via the bylaw to determine which properties are located within that catchment area. Each property captured receives a written notice. Local governments have discretion in determining the appropriate notification distance, and as shown in Table 1 below, there are variations between municipalities in the Greater Victoria Area on their specified notification distances.

Currently, the Town’s standard notification distance for official community plan, zoning bylaw, and land use contract amendments, and temporary use permits is 400 metres. The notification distance for a DVP and DPV is 100 metres. The notification distance for Board of Variance applications is also 100 meres. For comparison, other local governments in our region have minimum notification distances of no more than 100 metres, and in some cases have notification distances as short as 30 metres, or adjacent properties only for public hearings, opportunities for public comment and Board of Variance applications.

Table 1 – Regional Comparison of Notification Distances for Different Types of Development Applications

Further to Table 1 above, Table 2 below shows a sample of the notifications required for recent development applications in the Town. Of note is the recent zoning amendment to the CD-1 Comprehensive Development Zone. For this zoning amendment, more than 1,600 paper notices were prepared manually by staff and mailed via Canada Post as a result of the current 400 metre notification catchment area. The preparation of notices requires staff to review each individual address captured in the notification catchment area, confirm the individual mailing addresses of owners and occupants, and then prepare the notice which requires manual preparation and stuffing of envelopes. Some notice mailouts can take up to 20 hours of staff time, and where multiple files are being considered by Council and notifications are required, there can be multiple staff members working multiple days to complete notices.

Table 2 – A Summary of Recent Notice Mailouts

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¹ Tayla Peled Bar. (March, 2021) CIRCUllawR. Bill 26: Significant Implications for Local Governments.