Town of View Royal Bylaw No. 893: Official Community Plan Amendment

TOWN OF VIEW ROYAL BYLAW NO. 893

A BYLAW TO AMEND THE OFFICIAL COMMUNITY PLAN

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as "View Royal Official Community Plan Bylaw No. 811, 2011, Amendment Bylaw No. 893, 2014".

2. By deleting Paragraph 4 under "Community Development Framework" in its entirety and replacing it with:

   "Development and improvement in the Change Areas must respond to the unique economic, environmental and social context of the individual locations, and fit within the Community Vision, and therefore is more likely to be implemented with site specific development proposal or local area planning rather than the next replacement of the Land Use Bylaw with a new zoning bylaw."

3. By adding under "Land Use Designations: Relationship to the Zoning Bylaw":

   "It is anticipated that the Land Use Bylaw is to be repealed and replaced with a new Zoning Bylaw, however it is not intended that all regulations of each property and each zone be reviewed against each designation in this OCP for the initial updating of the zoning bylaw. Notwithstanding any other provisions of this Plan, any policies concerning zone categories including permitted uses and densities in this Plan are, where necessary to achieve consistency, expanded to include the existing regulations under the Land Use Bylaw, and all its amendments up to and including its repeal and replacement by the new zoning bylaw, including as carried forward into the new zoning bylaw. For certainty, this provision is limited to the situation where the existing zoning of a property permits a use, density or other development regulation different than otherwise identified in this Plan for that property; by virtue of this provision, this Plan incorporates and permits those zoning regulations for that property such that there is no inconsistency with this Plan. However, all subsequent amendments of the new zoning bylaw must be consistent with this Plan without recourse to the regulations of Land Use Bylaw No. and this provision."

4. By deleting "Land Use Designations: Density Bonusing and Phased Development Agreements" in its entirety and replacing it with:

Density Bonusing and Phased Development Agreements

"In almost all cases, a rezoning application will be required before the FSR envisioned by the OCP can be achieved on a given site, and the rezoning is likely to be site specific where the 2013/2014 replacement of the Land Use Bylaw, 1990, No.35 with a new zoning bylaw does not reflect the FSR's noted in this OCP (see above). The FSR appropriate for any site will depend on a number of factors including the location in the community, relationship to the neighbourhood, site topography and environmental features. This Plan assumes that in most circumstances the maximum FSR will only be achieved through amenity density bonusing or as part of Phased Development Agreements. Provision of community and neighbourhood amenities – such as affordable housing, parkland development, public art, community facilities, heritage conservation – will allow developments to achieve a higher density and result in additional community benefits. This plan identifies the need to develop a community amenities policy in conjunction with a new zoning bylaw."

5. By deleting "Part 5 – Implementation, Policy PI1.1 Implementation Tools " in its entirety and replacing it with:

Policy PI1.1 Implementation Tools

The Plan identifies a number of actions to be undertaken or initiated by the Town. These actions will be implemented through:

• Updates of the Town's bylaws, including the Land Use bylaw, with the 2013/2014 creation of a new zoning bylaw expected to update most but not all of the specific policies, in particular leaving comprehensive development area designations to be updated at time of site-specific proposals.
• Annual spending as adopted by the Town in its budget through capital works and operating activities.
• Communications and potential partnerships with community groups to advance the objectives and policies of this Plan.
• Communications and advocacy with other levels of government and their agencies to advance the objectives and policies of this Plan.

6. Schedule 'L' (Land Use Designations) of Bylaw No. 811, 2011 is amended by amending the land use designation and land use designation boundary for the lands shown as "IMU" within lands legally described as LOT 1, ESQUIMALT DISTRICT, PLAN VIP81967, which is currently designated IMU, such that the land use designation for the aforementioned property is established as follows:

   a) The land as shown outlined and labelled "Subject Property" on the sketch plan attached hereto and forming part of this Bylaw as Schedule '1' is designated Park, Open Space, Recreation (P).

7. Schedule 'L' (Land Use Designations) of Bylaw No. 811, 2011 is amended by amending the land use designation and land use designation boundary for the lands legally described as GIBRALTAR BAY – COMMON PROPERTY, VIS5123, which is currently not designated, such that the land use designation for the aforementioned property is established as follows:

   a) The land as shown outlined and labelled "Subject Property" on the sketch plan attached hereto and forming part of this Bylaw as Schedule '2' is designated Residential (R).

8. Schedule 'L' (Land Use Designations) of Bylaw No. 811, 2011 is amended by amending the land use designation and land use designation boundary for the lands shown as "RU" within lands legally described as LOT 35, SECTION 98, ESQUIMALT DISTRICT, PLAN VIP748, EXCEPT PART IN PLAN VIP71970, which is currently designated RU, such that the land use designation for the aforementioned property is established as follows:

   a) The land as shown outlined and labelled "Subject Property" on the sketch plan attached hereto and forming part of this Bylaw as Schedule '3' is designated Park, Open Space, Recreation (P).

9. Schedule 'L' (Land Use Designations) of Bylaw No. 811, 2011 is amended by amending the land use designation and land use designation boundary for the lands shown as "CF" within lands legally described as LOT 2, ESQUIMALT DISTRICT, PLAN VIP18995, which is currently designated CF, such that the land use designation for the aforementioned property is established as follows:

   a) The land as shown outlined and labelled "Subject Property" on the sketch plan attached hereto and forming part of this Bylaw as Schedule '4' is designated Residential (R).

READ A FIRST TIME THIS 15th DAY OF JULY, 2014.

READ A SECOND TIME AS AMENDED THIS 9th DAY OF SEPTEMBER, 2014.

PUBLIC HEARING HELD THIS DAY OF , 2014.

READ A THIRD TIME THIS DAY OF , 2014.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF , 2014.