COMMITTEE OF THE WHOLE REPORT: AMENDMENT TO THE CD-1 ZONE

AMENDMENT TO THE CD-1 ZONE - COMPREHENSIVE DEVELOPMENT

RECOMMENDATION:

THAT the Committee recommend to Council that:

a. staff finalize Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1117 for first, second, and third reading; and b. waive the Public Hearing, in accordance with the Local Government Act, Section 464(2), as the proposed Zoning Bylaw amendment is consistent with the Official Community Plan.

PURPOSE:

The purpose of this report is to present Council with an amendment to Section 13.1.1 “Principal Uses” of the existing CD-1 Zone, Comprehensive Development. Currently, Section 13.1.1(k) of the CD-1 zone permits “Light Manufacturing Medical Clinic,” however, this is not a defined use in the Zoning Bylaw. These are technically two separate uses that should be listed independently of each other in the zone.

This report also introduces a draft Zoning Amendment Bylaw No. 1117 to the Committee of the Whole for consideration.

TIME CRITICAL:

Undertaking the amendment to Section 13.1.1 (Principal Uses) of the CD-1 zone will provide clarity in the zone that is consistent with the original intent and avoid uncertainty in zoning interpretation in the future. Should the Zoning Bylaw not be amended as proposed, then the Bylaw would continue to permit a “Light Manufacturing Medical Clinic,” as a permitted use, which is not defined in the Bylaw. Furthermore, the existing “Light Manufacturing” and “Medical Clinic” uses would be considered existing non-conforming.

BACKGROUND:

In review of a business license application, staff discovered that the “Light Manufacturing Medical Clinic” use in the CD-1 zone is not defined in the Zoning Bylaw. Whereas “Light Manufacturing” and “Medical Clinic” are separately defined uses and decoupled in other zones. The intent is that these are two separate uses that should have been listed independently of each other in the CD-1 zone, and it was discovered to be an administrative error in the zone.

DISCUSSION:

Staff determined through review of past amendment bylaws that the “Light Manufacturing Medical Clinic” use has been listed since the Zoning Bylaw’s adoption in 2014. However, upon further review, the “Light Manufacturing Medical Clinic” use was clearly shown as two separate uses in the Bylaw’s draft state. It is unclear as to why the two uses were combined in the final version of the Zoning Bylaw, except that in the process of creating the bylaw, the uses were accidentally combined via a copy-paste or deletion error.

Given that this report is dealing with an administrative error in the CD-1 zone, it is recommended for Council’s consideration to waive the public hearing, in accordance with the Local Government Act (LGA), as the proposed zoning amendment bylaw is consistent with the Official Community Plan.

Should Council waive a public hearing, the Town must provide written notice stating the purpose of the zoning amendment, the lands affected, the date of the scheduled first reading, and the place and time a copy of the bylaw may be reviewed.

Where a Zoning Bylaw is amended with respect to use or density notice must be provided to the affected properties, and their tenants, where less than 10 properties are impacted as stated in Section 466 of the LGA. A total of three properties in the Town, including 1511 Admirals Road, 100 Aldersmith Place, and 1495 Admirals Road, are currently zoned CD-1. (Figure 1).

Figure 1 - CD-1 Zoned Properties Affected by Amendment Bylaw 1117

FINANCIAL IMPLICATIONS:

There are no financial implications associated with this proposed housekeeping amendment to the Zoning Bylaw. The CD-1 zone will continue to support local commercial development and employment opportunities.

ALTERNATIVES:

N/A

CONCLUSION:

The proposed zoning amendment bylaw will rectify a past administrative error, avoid uncertainty in zoning interpretation, and ensure that future development opportunities are supported with an accurate zoning bylaw.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Redline Version of Draft Amendment Bylaw No. 1117
2. Draft Amendment Bylaw No. 1117