Citing “procedural fairness” as the reason, Sechelt Council rescinded third reading on three projects for West Sechelt on May 3, including the seniors’ facilities Rockwood Ocean Stories and Wesbrooke by the Sea.
The move was made to take into consideration traffic impact studies that were done for the projects but not presented to the public before public hearings were held.
The change will send both projects, along with a bylaw to allow for a subdivision of the Clayton Family Lands development, back to public hearing.
Council had previously asked for traffic impact and geotechnical studies to be completed as a condition of adoption for the projects, but staff said a review caused them to recommend a different course of action.
“Receiving technical or supporting studies towards the end of the process when neither the public nor the applicant can respond to it isn’t fair and is considered new information under the Local Government Act,” planner Aaron Thompson wrote in his report to council.
Mayor Bruce Milne said deciding to send projects back to public hearing was a difficult decision, but one that had to be made to avoid legal challenges in the future.
“There have been various standards in Sechelt over the last 20 years in terms of when various technical studies and transportation studies, etc., were done for major developments. In this case there was a major transportation study that a number of developments were waiting on and they’ve moved forward on some of those in advance of the transportation study,” Milne said.
“When it did come, for a number of reasons, we were advised and sought legal council that rather than proceed with our initial recommendation, which was to have the transportation in place prior to adoption, we’ve been informed that it requires a second public hearing to avoid challenges, and so that’s the reason for this course of action.”
It won’t be the second public hearing for any of the three projects affected, however. Wesbrooke has already been through three public hearings (two due to plan changes and one due to a procedural error by the district) and Ocean Stories has had two so far, due to procedural errors by the district.
The Clayton Family Lands Ltd. zoning amendment has also been to two public hearings. A second public hearing was necessary when council stipulated 10 per cent of lots in the subdivision had to be made to adaptable standards.
While most of council conceded quietly to the need for more public hearings for the three projects, Coun. Darnelda Siegers questioned the direction.
She said she had some new information about a case that went to the Supreme Court that “would potentially indicate an alternate course of action on the part of the municipality… I haven’t had a lot of time to read it – I mean, I scanned through it – but I’d like to hear from the planner and, if possible, potentially we can defer this to the next meeting,” she said.
Thompson said the Supreme Court case Siegers was referring to was different and he didn’t believe it was relevant.
Coun. Noel Muller said he would vote to rescind third reading and send the projects back to public hearing, although, “it is with trepidation mainly because of the applicants that it affects,” Muller said.
“I know that on the whole it’s going to improve our planning process and perhaps there’s more additional things we need to do to improve the planning process to make it streamlined. It has been difficult for the applicants and that’s my biggest concern.”
When the vote was called, all but Siegers were in favour of rescinding third reading and sending the projects back to public hearing, as well as having staff prepare a council policy regarding the scheduling of public hearings in the future and the requirements of applicants prior to public hearing.
