File #: 19-008    Version: 1 Name:
Type: Staff Report Status: Public Hearing
File created: 12/31/2018 In control: Council
On agenda: 1/7/2019 Final action:
Title: Public Hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2938
Attachments: 1. Appendix A Bylaw 2938 - Zoning Bylaw, 1992, No. 2050 Amendment, 2. Appendix B Draft Section 219 Covenant for Daycare at 846 Phoenix, 3. Appendix C Mail Notice and Notification published in the Victoria News
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REQUEST FOR DECISION

DATE: December 31, 2018 Report No. DEV-19-002
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:

Title
Public Hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2938
End

RECOMMENDATION:

That Council, upon considering the representations made to it at the public hearing, resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2938, attached as Appendix "A" to Staff Report DEV-19-002 be considered for third reading; and

That, as the registered owner of 846 Phoenix Street wishes to assure Council that the uses and development of the day care will be restricted to a maximum of 29 children, the registered owner has voluntarily agreed to register a Section 219 Covenant (Appendix "B") on the title of 846 Phoenix Street and legally described as Lot 16, Section 10, Esquimalt District, Plan 3060 [PID 001-543-547] in favour of the Township of Esquimalt;

That Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issue is registered against the property title, in priority to all financial encumbrances, prior to returning Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2938 to Council for consideration of adoption; and

That Council authorize the Mayor and Chief Administrative Officer to execute any legal documents associated with the registration of the Section 219 covenant on the land title for Lot 16, Section 10, Esquimalt District, Plan 3060.

RELEVANT POLICY:

Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050

STRATEGIC RELEVANCE:

Strategic Priority: Encourage a resilient and diverse economic environment.
Strategic Goal: Ensure processes for business and development are clear and consistent.
Strategic Action: Review Township policies and bylaws to ensure efficient processes; amend and update as necessary.

BACKGROUND:

Appendic...

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