REZONING APPLICATION 2015/04 – CD-20: Comprehensive Development Zone (Eagle Creek Village) – 33 Helmcken Road

Planning & Development Report

TO: Committee of the Whole DATE: September 3, 2015 FROM: Jeff Chow, MCIP, RPP, Senior Planner MEETING: September 8, 2015 FILE NOs: 3360-20-2015/04

REZONING APPLICATION 2015/04 - CD-20: Comprehensive Development Zone (Eagle Creek Village) - 33 Helmcken Road

RECOMMENDATION:

That the September 3, 2015 report from the Senior Planner titled "Rezoning Application 2015/04 - CD-20: Comprehensive Development Zone (Eagle Creek Village) - 33 Helmcken Road" be received.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS:

I concur with the recommendation.

PURPOSE

The purpose of this report is to introduce a rezoning application to amend the CD-20: Comprehensive Development (Eagle Creek Village) zone to permit Hospital use and a housekeeping amendment to include commercial land uses newly defined in Zoning Bylaw No. 900, 2014.

BACKGROUND

The CD-20: Comprehensive Development (Eagle Creek Village) was adopted in 2013 to facilitate Eagle Creek Village, a mixed use development comprised of a shopping centre, offices, 60 units of rental apartments, and a future multifamily residential development. Construction is currently underway.

PROPOSAL:

The proposal is to amend the CD-20: Comprehensive Development (Eagle Creek Village) zone to permit Hospital and a housekeeping amendment to include commercial land uses newly defined in Zoning Bylaw No. 900, 2014. The hospital use is proposed because the applicant has submitted a proposal to Island Health (Vancouver Island Health Authority) to operate an ambulatory surgical centre. As noted in the applicant's letter (Attachment 2) the centre would provide minor and exploratory procedures and would include the use of anaesthetics. Overnight stays of one to three nights may be necessary for observation and to allow full patient recovery. While Medical Clinic and Physician and Dental Offices are permitted uses (Attachment 3), these uses specifically do not permit overnight patient stays.

Staff also propose that the CD-20: Comprehensive Development (Eagle Creek Village) zone be amended to include a number of land uses that were newly defined in Zoning Bylaw No. 900, 2014, such as the following:

• “Animal Hospital” means the use of a building or structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to non-human domestic animals from a licensed veterinarian, veterinary surgeon and associated staff, and in conjunction with which there may be shelter provided, within the building or other structure, during the period of treatment.
• “Daycare, Large” means a place that provides for the care of more than 8 people.
• “Daycare, Small” means a place that provides for the care of 8 or fewer people.
• “Garden Centre” means the use of a lot, building or other structure for the purpose of selling, lawn and garden equipment, furnishings and supplies including the retail sales of plant materials and trees.
• “Pharmacy” means a retail outlet which dispenses drugs by prescription.

DISCUSSION

Key issues include the following:

1. Policy considerations
2. Budget implications
3. Next steps

1. Policy Considerations Hospital uses are usually associated with large public institutions and located on lands with an Official Community Plan “Community Facility” land use designation. Medical and health care has evolved and day procedures can now be conducted in smaller scale facilities. Overnight patient stays are defined as part of a Hospital use in Zoning Bylaw No. 900, 2014, even though in this case the stays would be for patient monitoring, rest and recovery following minor procedures.

The request to permit hospital use was made in concert with a submission to Island Health for the provision of services to address a major backlog of non-acute procedures. While Island Health has not issued any approvals yet, the proposed hospital use is supported for this site given its proximity to Victoria General Hospital and access to local services. It would also allow overnight patient stays for related medical and health care procedures such as dental surgery. To ensure that hospital use will be kept at a small scale, it is recommended that the maximum floor area for this use be capped at 4300 m², which is the equivalent of three storeys of the office building.

The amendment of the CD-20 zone to include new land uses defined in Zoning Bylaw No. 900, 2014 can be supported as a housekeeping measure because they are uses that would have been permitted in the CD-20 zone in Land Use Bylaw No. 35, 1990 and can be considered appropriate for a major commercial centre. Newly defined land uses that have not been proposed for inclusion include: Kennel (including caring and boarding of dogs and cats), Pub, Recycling Depot and Transient Accommodation (hotels, vacation rentals, etc.) unless the Committee the Whole wishes those uses to be considered. Conditions of use can be imposed.

2. Budget Implications There are no anticipated budget implications for the Town.

3. Next Steps If no further information is requested by the Committee of the Whole, a rezoning bylaw would be prepared for Council consideration.

RECOMMENDATION:

That the September 3, 2015 report from the Senior Planner titled “Rezoning Application 2015/04 – CD-20: Comprehensive Development Zone (Eagle Creek Village) - 33 Helmcken Road” be received.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

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

ATTACHMENTS

1. Location plan
2. Letter from Applicant – OCP Amendment Application - July 17, 2015 (2 pages)
3. CD-20: Comprehensive Development Zone (Eagle Creek Village) (3 pages)