Presentation: COUNCIL ACTION LIST: C-123-21 - Bill 26 Amendments
Presentation outlining the purpose and proposed implementation of Bill 26 legislative changes in the Town of View Royal.
COUNCIL ACTION LIST: C-123-21
That in response to changes to legislation through Bill 26, staff prepare a report to establish an approach with respect to public hearing for rezoning applications with the official community plan.
PURPOSE
- To introduce and provide a summary of the amendments introduced through Bill 26
- To describe how these changes could be implemented
- To seek direction from Council as to how they would like to proceed
Overview of Changes
Changes made to legislation include the Community Charter and Local Government Act:
- Review and Modernize Public Notification Methods
- Public Hearing Requirements for Rezoning
- Delegation of Authority to Staff to Approve Minor Variances
1. Review and Modernize Public Notification Methods
| Application Type | Delivery Method | Notice Area |
|---|---|---|
| Amendment: OCP, ZBL & LUC Permit: TUP & Industrial |
Mailed or Delivered (in-person) + Newspaper ad | 400 m: (R), (C), (CD), or (IND) 100 m: public use, institutional, transportation and parkland |
| DVP | Mailed or Delivered (in-person) + Newspaper ad | 100 m of subject property |
| DP with Variance | Mailed or Delivered (in-person) + Newspaper ad | 100 m of subject property |
New Process in Legislation
- Local governments now have the option to adopt their own public notice bylaw
- Local governments may select two (or more) publication methods that are most appropriate for their community to provide notice and to notify for a public hearing
- Possible methods: newspaper, website, online newspaper, direct mailout.
For Consideration:
- Are the current methods of notification effective in reaching the public?
- Do the current methods of notification effectively relay the message that is intended to be distributed by the Town?
- Are there methods of notification that we could employ?
- Are the notification distances used effective in their application?
2. Public Hearing Requirements for Rezoning
Public Hearing Details
Public Hearing Required for:
- OCP Bylaw amendment
- Zoning Bylaw amendment
- LUC Termination
Purpose: Allow public to make representation to local government
Waiving a Public Hearing: Local governments may ‘waive’ a public hearing on a proposed ZBL if:
- OCP is in effect
- Bylaw is consistent with OCP
What was considered? Identifying public interest:
- The general public
- Stakeholders
- Neighbourhood associations
Public Hearing Process Overview
1st Reading → 2nd Reading → Notice of Public Hearing → Public Hearing → 3rd Reading
New Process in Legislation
- Public hearings are not required by default
- Notice be given prior to First Reading of Bylaw
- Staff will need advanced notice (at time of COW)
- Public hearings may be held, but must be voted on by Council
- Can proceed as status quo
For Consideration:
- New legislations requires we update our bylaws to be compliant.
- Does Council wish to continue to host public hearings?
- What criteria may Council look for to trigger a public hearing?
3. Delegation of Authority to Staff to Approve Minor Variances
Existing Process
- Council Approval → General Provisions of Bylaw
- Board of Variance → “Minor Variance”
New Process in Legislation
Council may delegate authority to staff to grant a minor variance for:
- The siting, size and dimension of: a. Building and other structures b. Uses that are permitted on the land
- Off-street parking and loading requirements
- Regulation of signs
- Screening and landscaping to mask or separate uses or to preserve, protect, restore and enhance natural environment
| Minor Variance Examples | Included |
|---|---|
| Building Height | ✓ |
| Secondary Suite Size | ✓ |
| Number of Parking Spaces | ✓ |
| Size of a Sign | ✓ |
| Type of Vegetation | ✓ |
* A variance cannot vary use or density
For Consideration:
- Does Council want to continue to review all variance requests?
- What does Council consider to be ‘minor’?
- Are there certain application types or variance requests that Council feel should be delegated for staff approval?
- Does Council see benefit in delegating authority to staff?
RECOMMENDATION
THAT the Committee receive the July 6, 2022 report titled “Bill 26 Amendments” from the Community Planner for information.
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