Staff Report - Zoning Bylaw No. 900 Amendment Bylaw No. 962 (Pub Use)

TOWN OF VIEW ROYAL Council Report

TO: Mayor and Council
DATE: January 11, 2017
FROM: Jeff Chow, MCIP, RPP, Senior Planner
MEETING: January 17, 2017
FILE NO.: 3360-20-2015/04

Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017 First and Second Reading

RECOMMENDATION:

THAT Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017 be given first and second reading;

AND THAT a public hearing be scheduled for February 7, 2017;

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017, a covenant be registered to require that any patios in the south east corner of the parcel legally described as “Lot 2, Sections 9 and 100, Lake and Esquimalt District, Plan EPP28565 Except Part in Plan 44696” be open for patron use from 9:00 a.m. to 9:00 p.m. daily.

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 Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017 for first and second reading. The bylaw would amend the CD-20: Comprehensive Development (Eagle Creek Village) zone to permit Pub use.

DISCUSSION

The CD-20: Comprehensive Development (Eagle Creek Village) zone is a site specific zone originally adopted in 2013 to facilitate the development of Eagle Creek Village, a mixed use development comprised of a shopping centre, offices, and rental apartments. The proposal is to amend the CD-20: Comprehensive Development (Eagle Creek Village) zone to permit Pub use.

Staff considers this use to be appropriate in the Official Community Plan Neighbourhood Mixed Use land use designation because it would be within the context of a shopping centre.

Staff recommends that the zone allow a maximum floor space of 500 m² for pub use. This would be sufficient for Building 1 (see Figure 1), which is currently vacant. The cap would ensure the use is kept at a neighbourhood scale.

While there is no formal proposal for a patio at this time, staff also recommends a covenant to restrict the hours of patio use in the south east corner of the parcel (south of Buildings 1 and 2) because there are residences located nearby. The rezoning process would be the appropriate time to enter into such a covenant. The applicant has proposed that any patios in this area only be open to use by patrons from 9:00 am to 9:00 pm daily.

The proposed bylaw also includes a housekeeping amendment to update a bylaw section reference in Section 11.20.4 of the Zoning Bylaw.

Ministry of Transportation and Infrastructure approval of the bylaw will be required before fourth reading can be passed.

RECOMMENDATION:

THAT Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017 be given first and second reading;

AND THAT a public hearing be scheduled for February 7, 2017;

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017, a covenant be registered to require that any patios in the south east corner of the parcel legally described as “Lot 2, Sections 9 and 100, Lake and Esquimalt District, Plan EPP28565 Except Part in Plan 44696” be open for patron use from 9:00 a.m. to 9:00 p.m. daily.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

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

ATTACHMENTS

1. Draft Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 962, 2017