Staff Report: Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 and Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015

RECOMMENDATION:

THAT early and ongoing consultation regarding Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 not be conducted given the minor nature of the proposal;

AND THAT Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 be given first and second reading;

AND THAT Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 be given first and second reading;

AND THAT a public hearing be scheduled for the two bylaws on October 6, 2015;

AND THAT Council direct staff to notify BC Hydro, BC Ministry of Transportation and Infrastructure, BC Transit, Canada Post, Capital Regional District, Esquimalt First Nation, FortisBC, School District No.61, Shaw Cable, Songhees First Nation, and Telus of the public hearings for the two bylaws;

AND FURTHER THAT a covenant be registered concurrent to fourth reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 for construction of a trail from the subject property to the Chilco Trails network as shown in the September 10, 2015 report from the Senior Planner titled "Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 and Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 - First and Second Reading."

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS: I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS: I concur with the recommendation.

PURPOSE

This report introduces Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 and Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015. The proposal is to modify the boundaries between the land use designations and the CD-16 and P-3 zones within the property.

DISCUSSION

Almost 2ha of the 3.9ha parcel at Lot 29, Section 98, Esquimalt District, Plan 748 Except Parts in Plans VIP67813 and EPP45786 (formerly 2427 Chilco Road) was designated "Parks, Open Space, Recreation" and zoned P-3: Park and Recreation Use in anticipation of park dedication for the upcoming subdivision creating Thetis Vale Phase 7. In the ongoing detailed design work, better path locations for park access were found that would be less steep and not require as many retaining walls or stairs. Adoption of the bylaws would amend the Official Community Plan land use designations and zoning of the subject property reflect the final location of the park boundaries.

Section 879 of the Local Government Act requires a local government to consider whether early and ongoing notice should be provided to organizations that it considers may be affected by an amendment to the Official Community Plan, in addition to public hearing notification. Early and ongoing consultation typically consists of a formal referral period that usually is at least one to two months. Such a process would be appropriate for a major amendment with broad implications, but would be disproportionate for the small scale and minor nature of this proposal; therefore it is recommended that Council direct staff to notify BC Hydro, BC Ministry of Transportation and Infrastructure, BC Transit, Canada Post, Capital Regional District, Esquimalt First Nation, FortisBC, School District No.61, Shaw Cable, Songhees First Nation, and Telus of the public hearing for the Official Community Plan amendment bylaw. These are organizations that are commonly notified by the Town.

Ministry of Transportation and Infrastructure approval of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 will be required before fourth reading of that bylaw.

Staff has also reviewed the proposed park access in the northeast corner of the property and given the steep slope and its expected future a natural green space (rather than active recreation area), recommends that instead of constructing an access to this area, that a trail connection from the southwest corner of the site to the Chilco Trails network be constructed in the location as shown Figure 1. The trail connection would provide a key east-west link to the network and would be a significant public benefit.

This arrangement should be secured in a covenant to be registered and would be in addition to the amenity contributions that the applicant is providing in Covenant FB408215 when rezoning of Thetis Vale 6 that consist of:

• Park dedication
• construct of two trail connections to the CRD trail bordering the Trans-Canada Highway (One from Chilco Road and the other adjacent to the proposed townhouses at the end of Cheam Road);
• a $50,000.00 contribution to the development of trails and paths in the Thetis Vale neighbourhood.

Staff note that the previous iteration of the plan would have required the developer to construct a number of stair cases and that the proposed path connection is in lieu of this already forecasted work.

Figure 1. Potential connection to Chilco Trails network.

RECOMMENDATION:

THAT early and ongoing consultation regarding Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 not be conducted given the minor nature of the proposal;

AND THAT Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 be given first and second reading;

AND THAT Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 be given first and second reading;

AND THAT a public hearing be scheduled for the two bylaws on October 6, 2015;

AND THAT Council direct staff to notify BC Hydro, BC Ministry of Transportation and Infrastructure, BC Transit, Canada Post, Capital Regional District, Esquimalt First Nation, FortisBC, School District No.61, Shaw Cable, Songhees First Nation, and Telus of the public hearings for the two bylaws;

AND FURTHER THAT a covenant be registered concurrent to fourth reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 for construction of a trail from the subject property to the Chilco Trails network as shown in the September 10, 2015 report from the Senior Planner titled "Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 933, 2015 and Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 934, 2015 - First and Second Reading."