Esquimalt Staff Report DEV-14-030: Amending OCP and Zoning for McLoughlin Point

STAFF REPORT

DATE: May 1, 2014 REPORT NO. DEV-14-030 TO: Laurie Hurst, Chief Administrative Officer FROM: Bill Brown, Director of Development Services SUBJECT: Amending the Official Community Plan and Zoning Bylaw to restrict the development of a "Wastewater Treatment Plant" at McLoughlin Point

RECOMMENDATION

1. That Council resolves that OFFICIAL COMMUNITY PLAN BYLAW, 2006, No. 2646, AMENDMENT BYLAW 2014, No. 2829 which would amend the Official Community Plan Bylaw, 2006, No. 2646 be considered for first and second readings;
2. That Council resolves that ZONING BYLAW 1992, No. 2050, AMENDMENT BYLAW No. 2830, which would amend the text in the McLoughlin Point Special Use Zone [I-3] related to "Wastewater Treatment Plants" be considered for first and second reading;
3. That Council authorizes the Corporate Office to schedule a public hearing for OFFICIAL COMMUNITY PLAN BYLAW, 2006, No. 2646, AMENDMENT BYLAW 2014, No. 2829 and to advertise for same in the local newspaper;
4. That Council authorizes the Corporate Office to schedule a public hearing for ZONING BYLAW 1992, No. 2050, AMENDMENT BYLAW No. 2830 and to advertise for same in the local newspaper; and
5. That prior to the public hearing, in consideration of section 879 and 881 of the Local Government Act, Council authorize staff to circulate the Official Community Plan and Zoning Bylaw amendment package to those agencies listed in Schedule "C" of Report No. DEV-14-030

REFERENCES

Applicant: Township of Esquimalt Owner: Capital Regional District

Legal Description:

• PID 000-336-491 Lot A, Section 11, Esquimalt District, Plan 35322
• PID 000-336-505 Lot B, Section 11, Esquimalt District, Plan 35322
• PID 000-336-513 Lot C, Section 11, Esquimalt District, Plan 35322
• PID 000-336-521 Lot D, Section 11, Esquimalt District, Plan 35322
• PID 000-336-530 Lot E, Section 11, Esquimalt District, Plan 35322
• Lot 1, Plan VIP87823
• Lot 2, Plan VIP87823

Street Address: 337 Victoria View Road Property Size: +/- 1.4 ha Existing Land Use: Vacant

Surrounding Land Uses:

• North: Department of National Defense, Residential
• South: Strait of Juan de Fuca
• West: Department of National Defense, Residential
• East: Outer harbour of Victoria Harbour

Existing Zoning: McLoughlin Point Special Use [I-3] Proposed Zoning: McLoughlin Point Special Use [I-3] Existing OCP Designation: Sewage or Waste Treatment

Schedules:

• Schedule "A": Bylaw 2829
• Schedule "B": Bylaw 2830
• Schedule "C": List of agencies to be consulted

BACKGROUND

After a careful analysis of available information including significant contributions from the public during four days of public hearings, Council has directed staff to amend "Zoning Bylaw 1992 No. 2050" and "Official Community Plan Bylaw, 2006, No. 2646" in order to prohibit the use of McLoughlin Point for a "Wastewater Treatment Plant".

Amending the Official Community Plan

OFFICIAL COMMUNITY PLAN BYLAW, 2006, No. 2646, AMENDMENT BYLAW 2014, No. 2829 (Schedule A) would amend several sections of the Official Community Plan to remove most provisions for the development of a "Wastewater Treatment Plant" at McLoughlin Point resulting in only the bare minimum provisions remaining so that the Township does not become completely non-compliant with the approved Liquid Waste Management Plan as amended. The proposed amendments are as follows:

1. Deletion of Section 3.7.8 which was added to the OCP by Bylaw 2804 in order to provide a historical context for the proposal to locate the Waste Water Treatment Plant at McLoughlin Point.
2. Amending Schedule "A" being the "Land Use Designation Map" by amending the designation of the subject lands from "Industrial" to "Gateway Mixed-Use".
3. Amending Schedule "C" being the map of "Development Permit Areas" by removing the subject lands from "Development Permit Area No. 3 — Industrial" and designating them as a new development permit area, namely "Development Permit Area No. 8 — Gateway Mixed-Use".
4. Deleting Section 2.4.5 entitled, "Industrial Area 3: Former Oil Storage Facility (McLoughlin Point Special Use)" in its entirety. This section provides a narrative to help frame the relationship between the official community plan and the approved Liquid Waste Management Plan.
5. Adding Section 2.7 entitled "Gateway Mixed-Use". This section provides a narrative that develops the context for a new approach to regulating land use and development on the subject lands. This section: a. Explains the importance of the subject lands vis-à-vis their location at the entrance of Victoria Harbour; b. Outlines the various risks associated with the site; c. Acknowledges its location adjacent to a federal migratory bird sanctuary; and d. Acknowledges the Liquid Waste Management Plan.
6. Deleting Section 9.5.6 entitled "McLoughlin Point Revitalization". This section established the design guidelines for the development of a wastewater treatment plant on the site.
7. Adds Sections 9.9.1, 9.9.2, 9.9.3, 9.9.4, and 9.9.5. These sections are all related to the establishment of the new "Victoria Harbour Gateway Mixed-Use Development Permit Guidelines. Thirty one new guidelines control any new development on the subject site.
8. Schedule "H", being the design guidelines that were developed for the wastewater treatment plant are deleted.

In order to prevent the municipality from being in complete non-compliance with the Liquid Waste Management Plan, Schedule "D" being the map showing the location of public facilities has not been amended and still shows the subject lands as "sewage or waste treatment". In terms of timing, not considering final adoption of the proposed amendment bylaws until the CRD has amended the LWMP will help avoid a conflict with provincial legislation.

Because Council is considering an amendment to the Official Community Plan it must consider whether or not to consult with other persons, organizations and authorities. Section 879 (1) of the Local Government Act states: "During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected." Section 879 (2) (b) provides the following list of organizations and authorities that Council must "specifically consider whether consultation is required with":

• The board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan;
• The board of any regional district that is adjacent to the area covered by the plan;
• The council of any municipality that is adjacent to the area covered by the plan;
• First Nations;
• School district boards, greater boards, and improvement district boards, and
• The Provincial and Federal governments and their agencies.

Staff have reviewed the requirements of Section 879 of the Local Government Act and have provided a tentative list (Schedule "C") of persons, organizations, and authorities that it feels should be consulted pursuant to Section 879 of the Local Government Act.

Amending the Zoning Bylaw

Bylaw No. 2830 amends the Zoning Bylaw by removing "wastewater treatment plant" as a permitted use and implementing all the necessary concomitant amendments. The amendments are as follows:

1. Replace the "intent statement" with a new "intent statement" that more accurately reflects the community's land use aspirations for the subject site.
2. Delete "Bulk Storage Tanks" and "Wastewater Treatment Plant" as permitted uses.
3. Add "Apartment residential" and "Park" as permitted uses.
4. Delete Section 55 (2) being the density bounsing section in its entirety.
5. Delete Section 55 (5) (b) which is the section that establishes the height of a mixed-use building containing a wastewater treatment plant.
6. Increase the setbacks from 7.5 m from the "High Water Mark" to 15.0 m from the "Estimated Natural Boundary in 2100" in order to comply with the provincial guidelines.
7. Delete Section 55 (7) (c) being the screening and landscaping provisions for the wastewater treatment plant.
8. Delete the parking requirements for the wastewater treatment plant.
9. Delete the "Severability and Satisfaction" section in its entirety.

ISSUES

1. Rationale for Selected Option

Based on an overwhelming abundance of evidence, most of which was provided by the public during four days of public hearings, Council has instructed staff to amend the Official Community Plan and Zoning Bylaw to remove all provisions for the development of a wastewater treatment plant at McLoughlin Point.

2. Organizational Implications

There are no significant organizational implications.

3. Financial Implications

There are no direct financial implications. A comprehensive analysis of the potential impacts on taxpayers of an alternative model for treating sewage has not been undertaken, therefore, it is not possible to ascertain what the financial implications would be if the wastewater treatment plant is decentralized and located elsewhere.

4. Sustainability & Environmental Implications

McLoughlin Point is adjacent to a federal migratory bird sanctuary. In addition, its rocky shores are important intertidal habitat. Having a more environmentally benign use on the site brings with it environmental advantages.

5. Communication & Engagement

A public hearing will be required for both bylaws. In addition, statutory consultation is required prior to the adoption of a bylaw that amends an Official Community Plan.

ALTERNATIVES

1. That Council resolves that OFFICIAL COMMUNITY PLAN BYLAW, 2006, No. 2646, AMENDMENT BYLAW 2014, No. 2829 which would amend the Official Community Plan Bylaw, 2006, No. 2646 be considered for first and second readings;
2. That Council resolves that ZONING BYLAW 1992, No. 2050, AMENDMENT BYLAW No. 2830, which would amend the text in the McLoughlin Point Special Use Zone [I-3] related to "Wastewater Treatment Plants" be considered for first and second reading;
3. That Council authorizes the Corporate Office to schedule a public hearing for OFFICIAL COMMUNITY PLAN BYLAW, 2006, No. 2646, AMENDMENT BYLAW 2014, No. 2829 and to advertise for same in the local newspaper;
4. That Council authorizes the Corporate Office to schedule a public hearing for ZONING BYLAW 1992, No. 2050, AMENDMENT BYLAW No. 2830 and to advertise for same in the local newspaper; and
5. That prior to the public hearing, in consideration of section 879 and 881 of the Local Government Act, Council authorize staff to circulate the Official Community Plan and Zoning Bylaw amendment package to those agencies listed in Schedule "C" of this report.
6. That Council consider not consider first and second readings for the above noted bylaws.