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File #: 16-251    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 6/7/2016 In control: Council
On agenda: 6/13/2016 Final action: 6/13/2016
Title: Amendments to Bylaw No. 2876 being a bylaw to create Comprehensive Development District No. 99 for the Esquimalt Town Square.
Attachments: 1. Bylaw 2876 Rezoning - Esquimalt Town Square, 2. Schedule A Bylaw 2876

REQUEST FOR DECISION

 

DATE:                       June 07, 2016                     Report No. DEV-16-042

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Bill Brown, Director of Development Services

SUBJECT:

 

Title

Amendments to Bylaw No. 2876 being a bylaw to create Comprehensive Development District No. 99 for the Esquimalt Town Square.

End

 

RECOMMENDATION:

 

Recommendation

That Council amend Bylaw No. 2876 as follows:

 

1)                     Section 3) the Table for Building “C” is amended by adding a new row between “Level 1” and “Level 2” called “Level 1 (Community Space)” with a Maximum Floor Area of 140 m2.   In addition, the total is increased to 4820 m2;

 

2)                     In Section 10) the Table of “Siting Requirements” is amended by deleting “2.5” for the setback from Carlisle Avenue for Building “A” Levels 5 and 6 and replacing it with “5.0”;

 

3)                     Section (3) is amended by adding “and Parks and Open Space [P-2]” between “from Town Centre [TC]” and “to CD No. 99 [Comprehensive Development District No. 99]”; and

 

4)                     Schedule “A”, being the map showing the area to be rezoned in cross hatch, is replaced by the map attached as Schedule “A” to Staff Report DEV-16-042;

 

And that Council give second reading to Bylaw No. 2876 as amended.

Body

 

RELEVANT POLICY:

 

Zoning Bylaw, 1992, No. 2050

 

 

STRATEGIC RELEVANCE:

 

The proposed amendments support Council’s strategic objective to develop the Esquimalt Village lands.

 

BACKGROUND:

 

On May 30, 2016 Council gave first and second reading to Bylaw No. 2876 (Schedule “A”) being a bylaw to amend the Zoning Bylaw in order to rezone the Esquimalt Town Square lands to Comprehensive Development District No. 99 [CD 99].  In a subsequent review, staff identified four amendments that are required.

                     

1)                     In Section 3) of the Bylaw, the Table for Building “C” is amended by adding a new row between “Level 1” and “Level 2” called “Level 1 (Community Space)” with a Maximum Floor Area of 140 m2.   In addition, the total is concomitantly increased to 4820 m2.  This is necessary in order to account for the proposed community space.

 

2)                      In Section 10) the Table of “Siting Requirements” is amended by deleting “2.5” for the setback from Carlisle Avenue for Building “A” Levels 5 and 6 and replacing it with “5.0”.  This is necessary to ensure that levels 5 and 6 are setback from Carlisle Avenue.

 

3)                     Section (3) is amended by adding “and Parks and Open Space [P-2]” between “from Town Centre [TC]” and “to CD No. 99 [Comprehensive Development District No. 99]”.  This is necessary as the parking lot entrance from Fraser Street is zoned “Parks and Open Space [P-2]”.

 

4)                     Schedule “A”, being the map showing the area to be rezoned in cross hatch, is replaced by the map attached to this staff report as Schedule “A”. This amendment is required to add cross hatch to the former lot behind the Vancouver Island Health Authority building in order to indicate that this area is also being rezoned.  The cross hatching of this area was inadvertently omitted in the original bylaw. The corrected map is attached as Schedule “B” to this staff report.

 

ISSUES: 

 

1.  Rationale for Selected Option

Staff has found four mistakes in the original bylaw that received first and second reading on May 30, 2016.  The four proposed amendments would correct those mistakes.  None of the proposed four amendments impacts the proposed development.  Rather, they correct errors or omissions in the Bylaw.

 

2.  Organizational Implications

There are no significant organizational implications.

 

3.  Financial Implications

There are no significant financial implications.

 

4.                     Sustainability & Environmental Implications

There are no significant sustainability or environmental implications.

 

5.  Communication & Engagement 

The amended version of the bylaw will be the subject of a public hearing.

 

ALTERNATIVES:

 

1. That Council amend Bylaw No. 2876 as follows:

 

1)                     Section 3), being the Table for Building “C” is amended by adding a new row between “Level 1” and “Level 2” called “Level 1 (Community Space)” with a Maximum Floor Area of 140 m2.   In addition, the total floor area at the bottom of the table is concomitantly increased to 4820 m2. 

 

2)                     In Section 10), the Table of “Siting Requirements” is amended by deleting “2.5” for the setback from Carlisle Avenue for Building “A” Levels 5 and 6 and replacing it with “5.0”.

 

3)                     Section (3), is amended by adding “and Parks and Open Space [P-2]” between “from Town Centre [TC]” and “to CD No. 99 [Comprehensive Development District No. 99]”.

 

4)                     Schedule “A”, being the map showing the area to be rezoned in cross hatch, is replaced by the map attached to this staff report as Schedule “A”.  [DEV-16-042],

 

And that Council give second reading to Bylaw No. 2876 as amended.

 

2. That Council not amend Bylaw No. 2876.