STAFF REPORT: OCP AMENDMENT AND REZONING – 1342/1352 TRANS CANADA HIGHWAY

Council Report

TO: Mayor and Council FROM: J. Chow, Senior Planner DATE: May 10, 2017 MEETING: May 16, 2017 FILE NO.: 3440-20-2017/02, 3360-20-2016/02

OFFICIAL COMMUNITY PLAN AMENDMENT APPLICATION 2017/02 AND REZONING APPLICATION 2016/02 - BYLAWS FOR 1342/1352 TRANS CANADA HIGHWAY

RECOMMENDATION:

THAT the May 10, 2017 report from the Senior Planner titled “Official Community Plan Amendment Application 2017/02 and Rezoning Application 2016/02 - Bylaws for 1342/1352 Trans Canada Highway” be received;

AND THAT, having considered appropriate consultation, both early and ongoing, with various persons, organizations and authorities considered to be potentially affected, in consideration of and compliance with the Local Government Act, staff be directed to email a copy of Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 972, 2017 to 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;

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017, a covenant be registered on the lands to require the following: a. Prior to issuance of a building permit, approval of detailed civil engineering plans (the works) by the Director of Engineering for an asphalt trail on Camden Avenue between St. Giles Street and the Galloping Goose Regional Trail, with separation from the road and any necessary ditch enclosures, all to the Town’s specifications. b. Completion of the works in the above noted plans or a security deposit of 120% to secure the construction of the works. c. Consolidation of the lands comprising the entire site into one lot. Until then, those lands are not to be sold or otherwise transferred separately. d. Clause for discharge at the property owner’s expense once the Director of Development Services is satisfied all conditions of the covenant have been met.

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017, the applicant provide a community amenity contribution of $15,000 to the Town for neighbourhood improvements to be determined by the Town in the area bounded by Chancellor Avenue, Helmcken Road, Burnside Road West, Eaton Avenue, St. Giles Street and Trans Canada Highway; and

AND FURTHER THAT a Public Hearing be scheduled for June 6, 2017 for the two bylaws.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF CORPORATE SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE:

This report introduces the following bylaws and provides recommendations for bylaw referral, securing community amenity contributions, and setting a public hearing date:

1. Official Community Plan No. 811, 2011 Amendment Bylaw No. 972, 2017
2. Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017

BACKGROUND:

The 7000m² site is comprised of three vacant parcels and 635.2m² of road allowance as shown in Attachment 1. The Town is in the process of closing the road for potential sale and consolidation in the overall development site. There is also a remnant accessory building on one of the parcels.

The applicant’s development concept is for 22 units of attached housing as shown in Attachment 3 (note: the Town’s road frontage requirements are different from what is shown in the plans). Applications for Official Community Plan (OCP) amendment and rezoning for the proposal were introduced at the February 14, 2017 Committee of the Whole meeting with further discussion at the May 2, 2017 Council meeting. Bylaws have now been prepared for consideration.

PROPOSAL:

Official Community Plan No. 811, 2011 Amendment Bylaw No. 972, 2017 If adopted, this OCP amendment bylaw would require a development permit for the form and character of multifamily residential development with regard to the Mixed Residential Development Permit Area guidelines.

Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017 This bylaw would rezone the subject lands from R-1B: Detached Residential (Medium Lot) to RT-1: Attached Residential zone for multifamily residential use.

DISCUSSION:

Relevant issues include the following:

1. Policy implications
2. Official Community Plan amendment consultation
3. Community amenity contributions
4. Covenant for lands not to be sold or otherwise transferred separately
5. Public Hearing Date

1. Policy Implications

Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017 would rezone the site to the RT-1: Attached Residential zone. This would be in accordance with the OCP Residential land use designation. The Residential land use designation supports predominantly detached homes and townhouses, with a maximum Floor Space Ratio of 0.6:1.

2. Recommendation for Official Community Plan Amendment Bylaw consultation

When an OCP amendment is being considered, s. 475 of the Local Government Act requires local governments to provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. The local government must: a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and b) specifically consider whether consultation is required with i. 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, ii. the board of any regional district that is adjacent to the area covered by the plan, iii. the council of any municipality that is adjacent to the area covered by the plan, iv. first nations, v. school district boards, greater boards and improvement district boards, and vi. the Provincial and federal governments and their agencies.

Staff notes that the notice of public hearing and the public hearing itself are considered an opportunity for public consultation. Although the proposed OCP amendment is considered to be minor, staff can provide email notice of the bylaw to referral groups and agencies. A Council resolution would be required, and is included in the report recommendations.

3. Community Amenity Contributions

The principles of Official Community Plan Policy LU1.6 “Community Amenities” encourage the provision of community and neighbourhood amenities associated with new development. The applicant offers the following:

A. An asphalt trail on Camden Avenue An asphalt trail to Town specifications is proposed on Camden Avenue between St. Giles Street and the Galloping Goose Regional Trail as shown in Figure 1, with separation from the road and any necessary ditch enclosures to provide a safer pedestrian environment. A covenant is recommended for the provision of this amenity prior to issuance of a building permit or a security deposit of 120% of the construction value to be in place.

Figure 1. General location of proposed asphalt trail

B. Contribution to a neighbourhood improvement Improvements that have been identified as desirable for this neighbourhood include:

1. A half basketball court at Chancellor Park.
2. Pedestrian trail improvement in the unbuilt Quincy Street road allowance east of Camden Avenue.

The applicant has agreed to provide a $15,000 contribution prior to fourth reading of the rezoning bylaw. That would assist at least one of these projects to move forward, possibly even this year. If Council proposes to use the contribution towards the pedestrian trail on Quincy Street, additional funding would be needed because the estimated cost is $35,000. Budget implications would be as follows:

4. Covenant for lands not to be sold or otherwise transferred separately

The site is comprised of multiple properties and an unopened road allowance (shown in Attachment 1) that is owned by the Town. A covenant is recommended to require consolidation of the lands comprising the entire site, and until then those lands are not to be sold or otherwise transferred separately. This covenant would keep the lands as a single development site because it is not the Town’s desire for parcels comprising the site to be sold or developed individually with the proposed zoning in place.

The Town is in the process of closing the unopened road allowance and removing the dedication of highway through Road Closure and Removal of Highway Dedication Bylaw No. 965, 2017. That bylaw received first, second and third reading on February 7, 2017 and an agreement for purchase and sale of this land to the applicant is being prepared. If the road closure is completed and title is created, it is anticipated that the Town will require immediate consolidation with the rest of the development site.

5. Public Hearing date

If Council is satisfied that there is sufficient information to consider first and second reading of the two bylaws on May 16, 2017, it is recommended that a Public Hearing be scheduled for June 6, 2017 for the two bylaws.

RECOMMENDATION:

THAT the May 10, 2017 report from the Senior Planner titled “Official Community Plan Amendment Application 2017/02 and Rezoning Application 2016/02 - Bylaws for 1342/1352 Trans Canada Highway” be received;

AND THAT, having considered appropriate consultation, both early and ongoing, with various persons, organizations and authorities considered to be potentially affected, in consideration of and compliance with the Local Government Act, staff be directed to email a copy of Official Community Plan Bylaw No. 811, 2011 Amendment Bylaw No. 972, 2017 to 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;

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017, a covenant be registered on the lands to require the following: a. Prior to issuance of a building permit, approval of detailed civil engineering plans (the works) by the Director of Engineering for an asphalt trail on Camden Avenue between St. Giles Street and the Galloping Goose Regional Trail, with separation from the road and any necessary ditch enclosures, all to the Town’s specifications. b. Completion of the works in the above noted plans or a security deposit of 120% to secure the construction of the works. c. Consolidation of the lands comprising the entire site into one lot. Until then, those lands are not to be sold or otherwise transferred separately. d. Clause for discharge at the property owner’s expense once the Director of Development Services is satisfied all conditions of the covenant have been met.

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 973, 2017, the applicant provide a community amenity contribution of $15,000 to the Town for neighbourhood improvements to be determined by the Town in the area bounded by Chancellor Avenue, Helmcken Road, Burnside Road West, Eaton Avenue, St. Giles Street and Trans Canada Highway; and

AND FURTHER THAT a Public Hearing be scheduled for June 6, 2017 for the two bylaws.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

REVIEWED BY: Lindsay Chase, MCIP, RPP Director of Development Services