Staff Report to Community Advisory Committee — Bylaw No. 2228 – Development Procedures Bylaw (Text Amendment)

EXECUTIVE SUMMARY

Due to the Housing Statutes Amendment Act (Bill 44), which (among other things) prohibits Public Hearings for rezoning applications that propose to create new housing and are consistent with the Official Community Plan, as well as Council’s decision to waive other Public Hearings that are consistent with the Official Community Plan, it may be advisable to update the City’s Development Procedures Bylaw (Bylaw No. 209) to remove references to Public Hearing fees. This report introduces Bylaw No. 2228, which proposes amendments to Development Procedures Bylaw No. 209.

BACKGROUND

In late 2023, the Province enacted the Housing Statues Amendment Act (Bill 44), which introduced a suite of changes to the Local Government Act known as the Proactive Planning initiative. These changes prohibit local governments from holding a Public Hearing for rezoning applications that propose to create new housing and are consistent with the Official Community Plan, and require local governments to amend Zoning Bylaws to allow Small-Scale Multi-Unit Housing (SSMUH), to create Interim Housing Needs Reports, and to amend Zoning Bylaws and Official Community Plans to accommodate Interim Housing Needs Report projections.

The prohibition on holding Public Hearings came into effect right away for any application meeting the criteria that did not already have first reading, and deadlines were specified for local governments to complete the work associated with the other components of the legislation.

On May 9, 2024, Council adopted Bylaw No. 2176 to amend the Public Notification Procedures Bylaw to reflect the Public Hearing component of Bill 44. As part of this Bylaw, Council also chose to waive Public Hearings for rezoning applications those that do not have a housing component and are consistent with the Official Community Plan. Due to these changes, the only Public Hearings that will be held are applications that involve an amendment to the Official Community Plan. Because of this change in procedure, Council may now wish to modify its Development Procedures Bylaw accordingly to avoid confusion.

On March 17, 2025, Council adopted Bylaw No. 2122 to update the fees associated with applications for OCP amendments, Rezoning, Development Permit, Development Variance Permit, and Temporary Use permit.

COMMENTARY

Bylaw No. 2228 proposes the following six changes to the City’s Development Procedures Bylaw (Bylaw No. 209) under the heading “Composition of Fees” in that Bylaw.

Sections 4.1 and 4.2 of Bylaw No. 209 read as follows:

4.1 Where an application fee includes a public hearing fee, the public hearing fee shall be
returned to the applicant if an application is withdrawn by the applicant or rejected by Council
before a public hearing date is established or notification is given.
4.2 A combined application for Official Community Plan Bylaw Amendment and Zoning Bylaw
Amendment will receive a 50% (fifty percent) reduction in zoning bylaw amendment
application fee set out in schedule “D”.

Bylaw No. 2228 proposes to eliminate both sections from Bylaw No. 209, as the new fee schedule associated with Bylaw No. 2122 no longer includes a separate Public Hearing fee, and establishes set application fees for OCP amendment applications that are submitted either independently or concurrently with an application for rezoning.

Section 4.3 (current and proposed)

Sec. 4.3 of Bylaw No. 209 currently reads as:

4.3 If an application for rezoning or Official Community Plan amendment is withdrawn by the
applicant prior to the first public notification that a Committee of Council will be reviewing the
application (e.g.: Meeting Notice for Planning, Zoning and Affordable Housing Committee) the
applicant shall be entitled to a refund of 50% (fifty percent) of the Base Fee portion of the
Application Fee as set out in Schedule “D”. If an application for rezoning or Official Community
Plan amendment is withdrawn by the applicant after the notification noted above but prior to
the first reading of any bylaw with respect to the rezoning or Official Community Plan
amendment, the applicant shall be entitled to a refund of 25% (twenty-five percent) of the Base
Fee portion of the Application Fee as set out in Schedule “D”.

Bylaw No. 2228 proposes to change this paragraph to read:

If an application for rezoning or Official Community Plan amendment is withdrawn by the
applicant prior to the first public notification that a Committee of Council will be reviewing the
application, the applicant shall be entitled to a refund of 50% (fifty percent) of the Application
Fee as set out in Schedule “D”. If an application for rezoning or Official Community Plan
amendment is withdrawn by the applicant after the notification noted above but prior to the
first reading of any bylaw with respect to the rezoning or Official Community Plan amendment,
the applicant shall be entitled to a refund of 25% (twenty-five percent) of the Application Fee as
set out in Schedule “D”.

Section 4.7 (current and proposed)

Sec. 4.7 of Bylaw No. 209 currently reads as:

4.7 Except as provided for in subsections 4.1 and 4.3, no part of any application fee for an Official
Community Plan Amendment, Zoning Bylaw Amendment, Development Permit, or a Development
Variance Permit shall be refunded once 10 business days have passed from the day of the payment
of the fees in part or in full.

Bylaw No. 2228 proposes to change this paragraph to remove reference to Sec. 4.1 and 4.3, and read:

No part of an application fee for a Development Permit, Development Variance Permit, Temporary
Use Permit, or Board of Variance application shall be refunded once 10 business days from the
date of payment of fees in part or in full.

Section 4.9 (current and proposed)

Sec. 4.9 of Bylaw No. 209 currently reads as follows:

4.9 If a request for a refund is received within 10 business days after the day the payment of
the fees in part or full, then the full amount will be refunded less $150.00 to cover
administrative costs.

Bylaw No. 2228 proposes to amend this section of Bylaw No. 209 by increasing the administrative cost from $150 to $200 so that this section would read:

4.9 If an application for a Development Permit, Development Variance Permit, or Temporary Use
Permit is withdrawn in writing within 10 business days from the date of payment of fees, the
applicant may be entitled to a refund of fees paid less $200 to cover administrative costs.

FINANCIAL IMPLICATIONS

Revising the Development Procedures Bylaw to reflect changes with respect to Public Hearings will allow for greater clarity and improve efficiency.

LEGAL IMPLICATIONS

The proposed amendments to the Development Procedures Bylaw allow for greater clarity and reduction of the City’s exposure to potential legal challenges.

STRATEGIC PLAN ALIGNMENT

5 - Good Governance

OPTIONS

Option 1
THAT Community Advisory Committee recommend that Council proceed with consideration of Bylaw No. 2228 as presented.

OR Option 2
THAT Community Advisory Committee recommend that Council proceed with consideration of Bylaw No. 2228 as presented with the following amendments:

a. ____________;
b. ____________;
c. __________.

OR Option 3
THAT Community Advisory Committee recommend that Council take no action with respect to amending the Development Procedures Bylaw at this time.

SUBMITTED BY

Matthew Baldwin, RRP, MCIP, Director of Development Services

Concurrence:
Melisa Miles, Manager of Legislative Services
Concurrence:
Donna Petrie, Senior Manager of Communications & Economic Development
Concurrence:
Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Braden Hutchins, Deputy Chief Administrative Officer
Concurrence:
Darren Kiedyk, Chief Administrative Officer

Attachments: Draft Bylaw No. 2228