Staff Report: BC Transit Development of 2401 Burnside Road West
A comprehensive report on the Province's intent to develop a handyDART facility at 2401 Burnside Road West despite local zoning and community opposition.
TOWN OF VIEW ROYAL
Council Report
TO: Mayor and Council DATE: Sept 12, 2019 FROM: Kim Anema, Chief Administrative Officer MEETING: Sept 17, 2019
BC TRANSIT DEVELOPMENT OF 2401 BURNSIDE ROAD WEST
RECOMMENDATION:
THAT the Town of View Royal meet with BC Transit to establish an agreement for the purpose of moving the BC Transit handyDART project at 2401 Burnside Road West forward despite the P-3 (Parks and Recreation) land use zone for this property.
PURPOSE:
To establish a cooperative strategy regarding BC Transit’s intended development of 2401 Burnside Road West.
BACKGROUND:
HandyDART:
Launched in 1981, handyDART is a door-to-door custom BC Transit service for registered customers who are unable to use the conventional transit system some or all of the time. It is a shared-ride service that carries multiple customers on the same trip at the same time.
BC Transit indicates that “the existing handyDART facility located on Glanford Avenue is operating beyond capacity and cannot support the expected need for future growth of the service. The need for a new facility was identified in the Victoria Regional Transit System 2011 Transit Future Plan, which provides a vision for transit over the next 25 years to support the economic, social and environmental sustainability goals of the region. The Transit Future Plan, endorsed by the Transit Commission, was based on local government land use and transportation plans including the Regional Growth Strategy, Travel Choices and Official Community Plans. Existing capacity and anticipated future growth has led to the exploration of new sites for the handyDART facility.”
Accordingly, BC Transit identified 2401 Burnside Road West as ideally located to meet their future requirements.
Site:
The 3.23 ha parcel is adjacent to Trans Canada Highway and Craigflower Creek. It was formerly Provincial Capital Commission land and has since been acquired by the Ministry of Transportation and Infrastructure. A portion of the site is currently occupied by the Victoria Bowmen Archery Club for use as an archery range.
The site was extensively disturbed in the past and is now predominantly vegetated with grass and non-native shrubby species, with treed areas on the periphery. A number of service and transportation corridors run through the site as shown in Figure 1, including:
Figure 1.
- BC Hydro overhead transmission lines and structures;
- the former Canadian National Railway right-of-way owned by BC Transportation Financing Authority (which is no longer limited to rail uses);
- the Capital Regional District’s Galloping Goose Trail; and
- major CRD water mains
2018 Proposal:
BC Transit submitted a proposal to the Town of View Royal for the development of 2401 Burnside Road West as a handyDART operations and maintenance site in February 2018.
As described in the March 2018 Town staff report that brought the application forward, the development proposal would have required the following municipal requirements:
- amend the OCP land use designation from Parks, Open Space, Recreation to Community Facility;
- include the site within a form and character development permit area; and
- rezone from P-3 (Parks and Recreation) to a new zone to permit a BC handyDART operation and maintenance facility.
At that time, the facility was proposed to include the following and is illustrated in Figure 2 below:
- a two-storey administration and vehicle maintenance building;
- a wash bay and fuel station; and
- fleet and staff parking.
Figure 2: Development Concept
If the rezoning and OCP amendment were approved, a development permit application would have been required to consider the form and character of the development and potential environmental impacts on Craigflower Creek.
During a Committee of the Whole meeting in May 2018, Council considered a Town staff report that updated the Committee on the proposal from BC Transit and contemplated a potential community amenity contribution consisting of land on Watkiss Way.
During the period May 8 to June 12, 2018 a large number of emails and Council meeting appearances were received expressing concerns with and opposition to the development proposal.
The application for rezoning was withdrawn June 11, 2018 and no further updates or refinements to the original concept have been brought forward.
Council followed-up at its meeting held September 25, 2018 with the following resolution:
WHEREAS the BC Transit proposal to build a Regional HandyDART facility at 2401 Burnside Road West has been thoroughly rejected by the community;
WHEREAS Council unanimously supported a motion to write to BC Transit explaining that, in the face of significant community opposition, Council is not in favour of moving forward with the Official Community Plan and rezoning application for 2401 Burnside Road West – June 5, 2018;
WHEREAS BC Transit has withdrawn the application;
WHEREAS the availability of parks and associated recreation is a critical component for a vibrant and healthy community;
WHEREAS the property at 2401 Burnside Road West is currently zoned park in the Land Use Bylaw and Official Community Plan for its protection of Craigflower Creek and its recreational opportunities; and
WHEREAS Bylaw No. 1004 adopted September 4, 2018 ensures the funds required to make the purchase;
THEREFORE BE IT RESOLVED that staff be instructed to engage in discussions with the Province to purchase 2401 Burnside Road West; and
AND FURTHER BE IT RESOLVED that View Royal Council indicate its intention to keep this property as park to support the future recreational needs of the community and explore the possibility of using a limited portion for affordable housing. (C-128-18)
DISCUSSION:
October 2018:
The Mayor and CAO met with BC Transit representatives in October 2018 at which time the Town made clear that the park use of 2401 Burnside Road West was preferred.
BC Transit represented that this site was the ideal location for the purposes described in the application. BC Transit recognized the issues associated with the development and indicated that they looked forward to addressing those issues by reengaging in the future. No additional information or proposals were provided to the Town by BC Transit after that meeting.
June-August 2019:
The Minister of Transportation and Infrastructure described in a June 17, 2019 letter to the Town of View Royal (see Attachment 1), that the Ministry would be designating 2401 Burnside Road West as arterial highway and that Section 14(2) of the Interpretation Act would apply. The legislation reads as follows:
Government bound by enactments; exception “14 (1) Unless it specifically provides otherwise, an enactment is binding on the government.
(2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government.”
The language in Section 14(2) of the Interpretation Act, means that the Town of View Royal bylaws have no binding affect on the Government in their efforts to develop 2401 Burnside Road West for the purpose of the handyDart facility. The Province can develop this land regardless of the wishes of Council and Town bylaws. The Town provided a response to the Minister on June 27, 2019 (see Attachment 2).
This legislation and the subsequent correspondence (see Attachment 3) clearly indicate that the BC Transit project will proceed regardless of the site’s current zoning, the wishes of Council, and the opposition expressed by the public. The Province has recognized local government as an independent, autonomous and accountable order of government however, the Province maintains jurisdiction in these circumstances.
The Minister has expressed an urgency to engage a process that moves their project to conclusion. There is still some uncertainty as to what shape a cooperative approach might take though both BC Transit and the Ministry of Transportation and Infrastructure anticipate that the Town of View Royal and BC Transit will agree on a path to move forward.
Outstanding Issues:
When the 2018 proposal was active, a number of issues arose during the period of due diligence and public engagement – some of which are yet to be addressed/resolved. These issues include the following:
- noise
- trees
- site concept
- Form and Character Development Permit Area
- Contaminated Sites Regulation
- community consultation
- traffic/transportation and circulation
- parking
- environmental impacts on Craigflower Creek (the Riparian Areas Regulation applies to this creek)
- air quality as a result of diesel emissions
- servicing and infrastructure needs, including frontage improvements
- Community Amenity Contributions
In a normal development process, a file progresses through different stages/required applications, and at each stage different opportunities to mitigate impacts or address issues are presented. The following table highlights the different tools available to local government and the strategies that might be used to complement the tool:
| Tool | Primary Issues | Possible Mitigation Strategies/Outcomes |
|---|---|---|
| Rezoning: The Province has declared the will not be bound by our bylaws in this development | Use and Density. May also establish conditions of use that could relate to topics like noise | Can use covenants to secure commitments around operating hours, noise, emissions. Details of transportation issues, access and egress, parking needs Community Amenity Contributions. |
| Development Permit: Our initial program included an OCP amendment to create a Form and Character DP | Environmental Protection (Watercourse DP) Form and Character of onsite development | Establishes setback requirements, landscaping, monitoring programs to address stormwater management, runoff and sedimentation control on site. Regulates form and character |
| Servicing Agreement | Infrastructure, Frontage Improvements | Can be varied through a Development Variance Permit. |
| Building Permit | Compliance with BC Building Code, Collection of Development Cost Charges | Connects to servicing agreement and Development Permit. Inspections post construction to ensure compliance with approved plans. |
Next Steps:
The language in Section 14(2) of the Interpretation Act, means that the Town of View Royal bylaws have no binding affect on the Government in their efforts to develop 2401 Burnside Road West for the purpose of the handyDart facility. While the preceding tools are established by bylaw, the Minister has responded with an offer to work with the Town of View Royal to move the project forward.
It is appropriate at this time for the Town of View Royal and BC Transit to enter into an agreement identifying mechanisms to address those issues normally included in the above processes. This agreement can also include a selection of the above tools that BC Transit is willing engage.
Additional issues can be addressed include, but are not limited to, an annual grant in lieu of taxes as well as membership on the Victoria Regional Transit Commission.
RECOMMENDATION:
THAT the Town of View Royal meet with BC Transit to establish an agreement for the purpose of moving the BC Transit handyDART project at 2401 Burnside Road West forward despite the P-3 (Parks and Recreation) land use zone for this property.
SUBMITTED BY: Lindsay Chase, Director of Development Services
SUBMITTED BY: Kim Anema, Chief Administrative Officer
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