REQUEST FOR DECISION
DATE: November 19, 2024 Report No. APC-24-009
TO: Chair and Members of the Advisory Planning Commission
FROM: James Davison, Manager of Development Services
SUBJECT:
Title
Rezoning Application - 1209 Lyall Street - Staff Report No. APC-24-009End
RECOMMENDATION:
Recommendation
That the Esquimalt Advisory Planning Commission recommends to Council to either approve, approve with conditions, or deny the rezoning which would allow the construction of a 32m2 Brewery Tasting Room and licensed retail store on the premises.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Green Building Checklist
STRATEGIC RELEVANCE:
Diversified and Thriving Economy
BACKGROUND:
Appendix A: Aerial Map
Appendix B: Applicant’s Rationale Letter
Appendix C: Site Plan
Appendix D: Site Survey
Appendix E: Green Building Checklist
Appendix F: Tree Protection Plan
PURPOSE OF APPLICATION:
The purpose of the application is to add a 32m2 (345 ft2) tasting and licensed retail sales space, for ten or less patrons at a time, to the existing front room of the building intended to complement the existing micro beverage manufacturer use.
CONTEXT:
Applicant: Daniel van Netten and Alanya Briemon
Owner: Daniel van Netten and Alanya Briemon
Designer: Praxis Architects Inc.
Property Size: 707m2
OCP Land Use Designation:
Current: Low Density Residential
Proposed: Low Density Residential
Zone: Single Family DADU Residential [RS-6]
Existing Land Use: Single Family Residential with Micro-beverage manufacturer
Proposed Land Use: Single Family Residential with Micro-beverage manufacturer and associated tasting room and licensed retail sales.
Surrounding Land Uses:
North: Single Family Residential with Multiple Family Residential zoning
South: Single Family Residential
East: Single Family Residential
West: Single Family Residential
OCP ANALYSIS:
As with the original rezoning to permit the micro beverage manufacturer use, the proposed use would be considered subordinate to the existing Single Family Residential use as a form of home-based business with allowance for one employee from outside the home, and therefore could fit within the OCP Land Use Designation - Low Density Residential.
ZONING ANALYSIS:
The existing RS-6 zoning permits the following use within Section 37.2.g:
(g) Micro Beverage Manufacturer, located at Lot 5, Section 11, Esquimalt District, Plan 946] [PID 004-774-701] [1209 Lyall Street] as a secondary use to Single Family Residential, provided that:
(1) the property does not contain any Detached Accessory Dwelling Unit, Secondary Suite, or Boarding.
(2) the property does not contain any Home Occupation that typically involves the presence of customers or clients on the premises at any time;
(3) other than an accessory office, the Micro Beverage Manufacturer use is not located in the principal residential building, and is located in a building that complies with Accessory Building regulations regarding height, lot coverage, and siting requirements; and
(4) the use shall comply with Sections 13(2)(4)(7)(8)(10) of Home Occupation requirements.
The existing provincially issued liquor license permits these additional uses.
The application will require amendment of the existing S.219 Covenant registered on title, which imposes the following restrictions and requirements:
• No retail sales are permitted - will need to be removed
• No customers are permitted - will need to be removed
• No group events associated with the Micro Beverage Manufacturer use or business are permitted - will perhaps need to be modified to specify groups of more than ten people.
• If the Township receives complaints from two or more neighbour tenants or owners of at least two different parcels of land regarding any odor emanating from or caused by the development or the Micro Beverage Manufacturer use, the owner must, at their sole cost, contract with an air quality specialist to install an appropriate commercial air scrubber system, and provide evidence of same to the Township’s Director of Development Services
• Delivery and shipping related to the Micro Beverage Manufacturer use on the lands is not permitted outside the hours of 8am to 6pm Monday to Friday
• Distillation of alcohol is not permitted on the lands
Note that staff will be recommending the additional restrictions and requirements:
• Bicycle parking provided on-site (applicant has agreed to this)
• Hours and days of operation for the tasting room and store
The provincial liquor license permits the tasting room and store to be open from 9am to 11pm, but the applicant is requesting 11am to 8pm, maximum 40 hours per week and maximum 5 days per week, with the option to maintain flexibility as to which days.
PARKING ANALYSIS:
As specified in the RS-6 zone for the subject property at 1209 Lyall St, the existing use of Micro Beverage Manufacturer does not require any additional parking spaces.
There is no space to provide vehicle parking for the proposed use of Tasting Room; for a licensed liquor establishment the Parking Bylaw would require two parking spaces (one space per five seats).
The applicant is proposing to add an outdoor bicycle rack on the property.
COMMENTS FROM OTHER DEPARTMENTS:
Pending
ISSUES:
Please consider the proposed use, relationship to nearby land uses, and number of parking spaces.
ALTERNATIVES:
1. That the Advisory Planning Commission recommends to Council that the rezoning application be approved including reasons for this recommendation.
2. That the Advisory Planning Commission recommends to Council that the rezoning application be approved subject to conditions, including reasons for this recommendation.
3 That the Advisory Planning Commission recommends to Council that the rezoning application be denied including reasons for this recommendation.