Rezoning 2016/01 - Attachment 2. Letter to Council
Applicant letter describing the objective of adding pub use and addressing concerns about noise and minors.
Letter to Council
Proposed Land Use Change
The objective of this application is to rezone CD-20: Comprehensive Development (Eagle Creek Village) to allow a pub under the permitted uses.
Official Community Plan
Currently, a pub isn't listed in the permitted principle uses under the current CD-20: Comprehensive Development (Eagle Creek Village) zoning.
Economic, Environmental and Social/Cultural Benefits
A pub will provide additional jobs while adding a social venue for the community which will appeal to current and future residents. Approving a pub use within Eagle Creek Village follows the sustainability goals set forth in the Official Community Plan: Create job opportunities suited to local residents, provide goods and services that meet local needs, and can be mixed with, or placed in close proximity to housing. The estimated number of jobs that will be created is between 10-15 full time and 25-40 part time.
Demonstrated Public Need and Demand
Eagle Creek Village is a vibrant mixed-use development and is the new heart and hub of View Royal. Currently the neighbourhood and, specifically Eagle Creek Village, is lacking a social venue such as a pub. A pub will provide a social gathering place for those employed at Eagle Creek Village, the 4000 employees working at the Victoria General Hospital and the residents of the 160 current and planned residential units at Eagle Creek Village. Currently, the only pub options available in View Royal to the aforementioned groups are the 6 Mile Pub and 4 Mile Brew Pub which are 2.8 and 2.3 kilometers away, respectively. As such, the lack of current pub options in the area combined with the growing number of residents, employees and daily visitors to Eagle Creek Village make the addition of a pub a viable social venue.
Public Infrastructure Requirements
Current public infrastructure has been designed to support the existing mixed use tenants in place which encompasses all of the required needs for the proposed pub use. Specifically, there are a total 300 surface stalls and 428 underground stalls. There are 59 above ground parking stalls directly in front of building 1, the building subject to proposed land use change. In addition, there is a stairwell directly to the west of building 1 for access to the underground parkade.
Effects to Surrounding Areas
The pub use will complement the existing commercial tenants and will serve as an added amenity for residents living and working in and around Eagle Creek Village. As the pub will be integrated into an existing commercial landscape, no material changes in noise or activity levels are anticipated with exception to the increase in activity during later hours due to later hours of operation than existing tenants. Eagle Creek Village is family oriented and, with certain limitations, a pub will not detract from that. In addition, liquor primary establishments permit minors that are accompanied by a parent or guardian in certain circumstances.
Minors in Liquor Primary Establishments
A new Family Foodservice term and condition has been created to allow liquor primary licensees to apply to permit minors, accompanied by a parent or guardian, in their establishments until 10 p.m.
The purpose of this new term and condition is to expand options for liquor primary establishments to provide meal service for families. To qualify, LPs must offer a selection of appetizers and main courses (or equivalent). Establishments may use either their own kitchen or the kitchen of another establishment to provide meal service. It is up to the licensee to apply for a Family Foodservice term and condition.
Proposed Restrictions
Hours of Operation
Currently, the hours of operation of existing tenants is within the hours of 5 AM and 11 PM. In addition, the hours of operation of existing pubs in View Royal are between the hours of 10 AM and 12 AM. In consideration of the residents living in and around Eagle Creek Village, hours of operation would not exceed 12 AM.
Outdoor Patio Hours
The Owner must not use the patio(s) or permit the patio(s) to be used by any person before 9:00 am or after 9:00 pm local time on any day.
Outdoor Patio Music/Noise
Noise from an instrument or any apparatus for the production or amplification of sound, or any noise which disturbs, or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity shall be regulated by Noise Control Bylaw, 2003, No. 523.
Entertainment
Restricting adult entertainment as described in the Liquor Primary Terms and Conditions:
- exotic dancers – entertainers who remove clothing during a performance and/or perform in a sexually suggestive manner;
- adult-oriented performers – entertainers who present dramatic, musical, artistic, comedic or any other types of performances not suitable for viewing by minors characterized by nudity, actual or simulated sexual content, actual or simulated violence and/or abusive, hateful or obscene language;
- adult-oriented activities – activities not suitable for viewing by minors characterized by full or partial nudity, actual or simulated sexual content and/or actual or simulated violence, degradation or abuse.
In addition, section 4.5.1. in the Town of View Royal Zoning Bylaw 2014 No.900, cites that adult entertainment, where permitted by this Bylaw, must:
a) Not be permitted to locate within 2 kilometres of a school, small daycare, large daycare, or any facility licensed under the Community Care and Assisted Living Act, community care facility, place of worship, park or lot zoned P-1, P-2, or P-3;
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