TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: May 5, 2025 Report No. DEV-25-018
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Zoning Amendment Application Second Reading - 1209 Lyall Street - Report No. DEV-25-018
RECOMMENDATION:
Recommendation
1. That Council rescind second reading of Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3153, which would amend the RS-6 (Single Family DADU Residential) zone to permit a Liquor Lounge and Accessory Retail at 1209 Lyall Street (Lot 5, Section 11, Esquimalt District, Plan 946) as a secondary use to Single Family Residential, and read anew a second time.
2. That Council direct staff to schedule a Public Hearing for Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3152 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2023, No. 3153, mail notices, and advertise for same on the Township’s website and public notice boards.
Body
EXECUTIVE SUMMARY:
It has been discovered that Zoning Bylaw Amendment Bylaw No. 3153 has two errors in its drafting; the first renders the proposed use impossible and the second would create a non-conformance in the I-1 Light Industrial zone. As such, staff requested that the scheduled Public Hearing and third reading of the OCP and Zoning Bylaw Amendment Bylaw be removed from the May 5, 2025 agenda and that Amendment Bylaw No. 3153 have second reading rescinded and be re-read as amended. A strikethrough version of the bylaw attached to this report as Appendix B indicates the proposed amendments.
BACKGROUND:
The application was scheduled to have the public hearing and third reading for the Zoning and OCP amendment bylaws on May 5, 2025. Due to errors in the Zoning Bylaw Amendment Bylaw, the item has been removed from that agenda. As such, it now requires the second reading of the Zoning Bylaw Amendment Bylaw to be rescinded and read anew a second time as amended. The public hearing will be rescheduled. Staff will endeavor to complete this as quickly as possible.
ANALYSIS:
It has been discovered that Zoning Amendment Bylaw No. 3153 has two errors in its drafting; the first renders the proposed use impossible and the second would create a non-conformance in the I-1 Light Industrial zone. As such, staff requested that the scheduled Public Hearing and third reading of the OCP and Zoning Amendment Bylaws be removed from the May 5, 2025 agenda and that Amendment Bylaw No. 3153 be re-read with the proposed amendments. A strikethrough version of the bylaw attached to this report as Appendix B indicates the proposed amendments.
The first error was in Section 2(2)(a)(g)(3) and included the use of “Liquor Lounge including Accessory Use” as uses not to be located in the principal residential building. While this was true of the Micro Beverage Manufacturer use, it prevents the use of the Liquor Lounge including Accessory Use as intended.
The second error was in Section 2(3), which amended a use in the Light Industrial (I-1) zone’s Section 53(1)(h) from “Beverage Manufacturer with Liquor Lounge” to “Micro Beverage Manufacturer with Liquor Lounge, including Accessory Retail” for consistency in the definitions for Liquor Lounge uses in the Township, and to make it clear that accessory retail should be a component of Liquor Lounge uses. The word ‘micro’ should have been removed, and it is now proposed to be removed.
OPTIONS:
1. That Council rescind second reading of Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3153 and read it anew at second reading as amended, and that Council direct staff to set a Public Hearing for the OCP and Zoning Amendment Bylaws.
2. That Council postpone consideration of Amendment Bylaw No. 3153 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3153.
COUNCIL PRIORITY:
Diversified and thriving economy.
FINANCIAL IMPACT:
There is no financial impact associated with this application.
COMMUNICATIONS/ENGAGEMENT:
The applicant held a required Neighbourhood Open House on Monday October 21, 2024. There were no attendees
TIMELINES & NEXT STEPS:
1. Public Hearing and third reading of the OCP and Zoning Amendment Bylaws will be scheduled after second reading of the Zoning Amendment Bylaw.
2. S.219 covenant modification will be registered on title.
3. Amendment bylaws will be adopted by Council at a regular meeting.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3153 (amended version to be adopted)
Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3153 (strikethrough version showing amendments)
Appendix C: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3153 (version to be rescinded)