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Council Meeting/Documents/District of Oak Bay Report: Regional Context Statement – OCP00005
Staff Report

District of Oak Bay Report: Regional Context Statement – OCP00005

September 3, 2019Pages 30–339 sections

Oak Bay staff report explaining the requirements and approval process for the Regional Context Statement amendments.

1 CALL TO ORDER
Date: July 9, 2019Refers to Capital Regional District Regional Growth Strategy adopted March 14, 2018

REPORT TO: Committee of the Whole

FROM: Deborah Jensen, Manager of Planning

DATE: July 9, 2019

RE: Regional Context Statement – OCP00005

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EXECUTIVE SUMMARY

In March 2018, the Capital Regional District adopted a new Regional Growth Strategy, which includes seven objectives to work toward regional sustainability. With its adoption, the Regional Context Statement contained within the Oak Bay Official Community Plan requires amendments to ensure it is consistent with the content of the Regional Growth Strategy. This report outlines the amendments proposed to achieve consistency.

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BACKGROUND

The Capital Regional District adopted a new Regional Growth Strategy (RGS) on March 14, 2018, the purpose of which is to guide decisions on growth, change and development within the Regional District. This replaces the previous RGS that was adopted in 2003. With its adoption, the District's Official Community Plan Regional Context Statement requires amendments to ensure it is consistent with the content of the Regional Growth Strategy.

Sections 446 and 447 of the Local Government Act require that an official community plan include a regional context statement that indicates how the official community plan is consistent with the regional growth strategy. The District's Official Community Plan (OCP) was adopted in 2014, and included a Regional Context Statement (RCS) indicating how the OCP was consistent with the 2003 RGS. However, amendments to the RCS are now required to be consistent with the new RGS, and must be submitted to the Regional Board within two years after the regional growth strategy was adopted.

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ANALYSIS

Regional Context Statement

Adopted in March 2018, the Regional Growth Strategy (RGS) provides direction on a number of key areas, including managing growth, environment and infrastructure, housing and community, transportation, economic development, food systems and climate action. The majority of these objectives mirror those contained in the 2003 RGS, with some revision to the policies related to each of these objectives. Two additional objectives, however, have been included in the 2018 RGS and must be addressed through the OCP. These include Food Systems and Climate Action.

Adopted in 2018 following its acceptance by Oak Bay Council on February 13, 2018, it is the responsibility of the Capital Regional District (CRD) and municipalities alike to undertake actions that implement the RGS. As stated in the newly adopted RGS:

A regional growth strategy is a framework, developed by municipalities and the regional district in partnership, for identifying social, economic and environmental objectives. Its purpose, under Part 13 of the Local Government Act, is to "... promote human settlement that is socially, economically, and environmentally healthy and that makes efficient use of public facilities and services, land and other resources." A regional growth strategy expresses how communities will work together to enhance regional quality of life and social wellbeing. As of 2008, regional growth strategies must also include policies, actions and targets for the reduction of greenhouse gas emissions.

The Regional Context Statement (RCS) must specifically identify the relationship between the Official Community Plan and the RGS or where applicable, how the OCP will be made consistent over time. The RCS must also be consistent with the rest of the content contained within the OCP.

To assist with this update, the CRD reviews the RCS in context with the Capital Regional District Regional Context Statement Framework (see Attachment 4). To date, staff have prepared a revised RCS, which has been extensively reviewed by CRD staff, and the amended Regional Context Statement, as shown in Attachment 1 and contained within Bylaw No. 4620.002, is a result of the updated RGS and the Regional District review.

Regional Context Statement Approval Process

Any amendments to a Regional Context Statement must undergo an approval process, in accordance with Provincial legislation, including adoption by Council and approval by the Regional Board. It is anticipated the approval process will consist of the following:

Date Process Step
July 2019 Council considers proposed amendments to the OCP Regional Context Statement, and gives 1st / 2nd readings to Amendment Bylaw No. 4620.002 (Regional Context Statement).
July 2019 Formal Referral to Capital Regional District Board. The Board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment. If the Board fails to act within this period of time, the Board is deemed to have accepted the regional context statement or amendment.
July 2019 Formal Referral to Other External Agencies (see the following)
November 2019 Public Hearing for Amendment Bylaw No. 4620.002, and Council Considers 3rd Reading of Said Bylaw
November 2019 Council Considers Adoption of Amendment Bylaw No. 4620.002
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Consultation Under Sections 475 and 476 of the Local Government Act

When amending an Official Community Plan, Council must undertake consultation in accordance with sections 475 and 476 of the Local Government Act. The local government must provide at least one opportunity for consultation with those organizations it considers appropriate, including for example, regional district boards, neighbouring municipalities, first nations, school district, and other levels of government.

To address these consultative steps, staff recommends that the following actions be taken in relation to the consultation requirements of sections 475 and 476 of the Local Government Act:

Formal Referral to:

  • Capital Regional District
  • City of Victoria
  • District of Saanich
  • Township of Esquimalt
  • Esquimalt First Nation
  • Songhees First Nation
  • School District 61
  • Town of View Royal

All formal referrals will include a copy of the relevant staff report and proposed bylaw amendment.

The results of this additional consultation will be provided to Council as part of the package provided to Council in advance of the public hearing.

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STRATEGIC IMPACT

No strategic impact is anticipated to arise in relation to the options described in this report. Council's strategic priorities support the objectives of the Regional Growth Strategy.

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OPTIONS

  1. That it be recommended to Council to consider the amended Regional Context Statement as set out in the Oak Bay Official Community Plan and a) give 1st and 2nd reading to Bylaw No. 4620.002 to amend the Regional Context Statement; b) direct staff to forward Bylaw No. 4620.002 to the Capital Regional District for consideration by the Regional Board; and c) direct staff to proceed with formal referral consultative steps as outlined in this report dated June 10, 2019.
  2. Another direction as provided by Council.
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FINANCIAL IMPACT

No financial impact beyond the existing budget is anticipated to arise in relation to the options described in this report.

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RECOMMENDATION

That it be recommended to Council to consider the amended Regional Context Statement as set out in the Oak Bay Official Community Plan and

a) give 1st and 2nd reading to Bylaw No. 4620.002 to amend the Regional Context Statement; b) direct staff to forward Bylaw No. 4620.002 to the Capital Regional District for consideration by the Regional Board; and c) direct staff to proceed with formal referral consultative steps as outlined in this report dated June 10, 2019.

Respectfully submitted,

Deborah Jensen Manager of Planning

Concurrence by:

Bruce Anderson Director of Building and Planning

I concur with the recommendation.

Lou Varela Chief Administrative Officer

ATTACHMENT(S)

Attachment 1 – Amendments to Regional Context Statement Attachment 2 – Draft Bylaw No. 4620.002 Attachment 3 – Capital Regional District Regional Growth Strategy 2018 Attachment 4 – Capital Regional District Regional Context Statement Framework

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Extracted from: 2019 09 03 Council Agenda - Agenda - Pdf