REZONING APPLICATION 2016/01 - CD-20: Comprehensive Development (Eagle Creek Village) Zone - Amendment for Pub use

Planning & Development Report

TO: Committee of the Whole DATE: January 4, 2017 FROM: J. Chow, Senior Planner MEETING: January 10, 2017 FILE NO.: 3360-20-2016/01

REZONING APPLICATION 2016/01 - CD-20: Comprehensive Development (Eagle Creek Village) Zone - Amendment for Pub use

RECOMMENDATION:

That the January 4, 2017 report from the Senior Planner titled “Rezoning Application 2016/01 – CD-20: Comprehensive Development (Eagle Creek Village) Zone – Amendment for Pub Use” be received.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE

This report introduces a rezoning application to amend the CD-20: Comprehensive Development (Eagle Creek Village) zone in Zoning Bylaw No. 900, 2014 to add “Pub” as a land use at Eagle Creek Village.

PROPOSAL:

Building 1 is a 494 m^2 one storey commercial retail unit on the Helmcken Road frontage of Eagle Creek Village (see Figure 1). The applicant intended to place one or more businesses in this building, ideally a restaurant, but no tenant has been secured to date.

The applicant requests an amendment to the CD-20: Comprehensive Development (Eagle Creek Village) zone in Zoning Bylaw No. 900, 2014 to permit Pub use, which would increase the potential for a full service dining establishment at the shopping centre. This proposal has been initiated by the applicant without a specific tenant.

Figure 1. Building Location Plan

The applicant held a public information meeting on December 1, 2016 and notified nearby neighbouring households and businesses of it by sending 480 notices through Canada Post Neighbourhood Mail service. 15 people attended and the submitted comments are in Attachment 3. The comments were all general supportive and the applicant indicates no opposition was voiced to them at the meeting.

DISCUSSION

Key issues include the following:

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

1. Policy Considerations

The policy considerations relate to land use and the local government’s role in the Provincial liquor control and licensing process.

a. Land Use

The definition of “pub” in Zoning Bylaw No. 900, 2014 is as follows:

“Pub” means an establishment licensed as a neighbourhood pub under the Liquor Control and Licensing Act which provides for the sale and consumption of alcoholic beverages and accessory food products.

The proposal would be in accordance with Official Community Plan policies for the Neighbourhood Mixed Use land use designation, which supports general commercial use interspersed with residential uses. A pub is commercial use would be a community draw and would be appropriate at Eagle Creek Village because it is a neighbourhood centre.

Staff recommends a floor space cap of 500 m^2 for pub use. This would be sufficient for Building 1. The pub use could also relocate elsewhere on the property but would be restricted by the floor space cap. This condition of use can be added to the CD-20 zone as part of the rezoning.

While there is no formal proposal for a patio, staff recommends a covenant to restrict the hours of patio use in the south east corner of the parcel because there are residences located close by on the adjoining townhouse property at 15 Helmcken Road. The rezoning process is the appropriate time to enter into such a covenant.

b. Provincial liquor control and licensing process

In addition to zoning and land use powers, local governments are involved in several aspects of the provincial process for liquor primary licenses (pubs, bars, nightclubs, cabarets etc.). The most common include gathering the views of resident and then providing input to the branch on new licenses and conditions of licensing such as location, hours of operation, capacity, patron participation (dine & dance or karaoke), and the addition of patio for a liquor primary establishment.

There is no license application at this time but once one is submitted, Council can provide input to the Liquor Control and Licensing Branch on the general hours of business in the licensing referral process but if the Committee or Council feel strongly, a covenant could be considered at this time.

It should be noted that in 2014 the Family Foodservice endorsement was created so that accompanied minors can be in liquor primary establishments such as pubs until 10:00 p.m. It would be up to a licensee to apply for this endorsement.

2. Budget Implications

There are no anticipated budget implications for the Town.

3. Next Steps

If no further information is requested at the Committee of the Whole meeting, a Zoning Bylaw amendment bylaw can be prepared for Council consideration, along with any considerations for the maximum floor area for pub use and a covenant to regulate patio hours in the south east corner of the property and hours of operation.

RECOMMENDATION:

That the January 4, 2017 report from the Senior Planner titled “Rezoning Application 2016/01 – CD-20: Comprehensive Development (Eagle Creek Village) Zone – Amendment for Pub Use” 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. Public Information meeting comments - December 1, 2016
4. CD-20: Comprehensive Development Zone (Eagle Creek Village) (3 pages)