REQUEST FOR DECISION
DATE: July 17, 2017 Report No. ADM-17-017
TO: Laurie Hurst, Chief Administrative Officer
FROM: Anja Nurvo, Director of Corporate Services
SUBJECT:
Title
Westbay Quay Development (the “Triangle Lands”) - Temporary Use Permit
End
RECOMMENDATION:
Recommendation
That Council authorize staff not to enforce the Township of Esquimalt Zoning Bylaw, 1992, No. 2050, as amended, for the property located at 453 Head Street until Council has had the opportunity to consider an application for a Temporary Use Permit at its August 21st, 2017 Council meeting.
Body
RELEVANT POLICY:
Local Government Act
Zoning Bylaw, 1992, No. 2050 as amended
Council Policy No. ADMIN-68 Bylaw Enforcement
STRATEGIC RELEVANCE:
This Request for Decision does not relate to any specific Council strategic objective.
BACKGROUND:
Staff has received an inquiry from the developer for the Westbay Quay Project (the “Triangle Lands”) about the process to obtain a Temporary Use Permit (TUP) to use the previous restaurant/coffee shop located at 453 Head Street as a Sales/Presentation center with a display model suite for approximately 6 to 9 months.
Staff has advised the developer that due to summer recess, Council will not be able to consider the application for TUP until its August 21st, 2017 meeting.
ISSUES:
1. Rationale for Selected Option
In accordance with the Local Government Act (LGA), notice must be published once in the local newspaper and properties within 100 m of the subject property must receive notice prior to Council considering an application for a TUP. The first opportunity to consider the application for this property is at the August 21st meeting.
The developer has advised that they wish to proceed with renovations in advance of the August 21st meeting to convert the property into a Sales/Presentation/Display center.
Accordingly, staff recommends that Council authorize staff not to enforce the Zoning Bylaw in relation to this property until such time as the TUP is considered by Council at its August 21st meeting.
The developer must still apply for a building permit and comply with all other requirements determined by the Senior Building Official during the approval process prior to commencement of renovations.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are no financial implications to the Township. All risks associated with commencing renovations prior to Council considering the application for a TUP are borne by the developer.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications.
5. Communication & Engagement
Once the application for a TUP is received, staff will arrange for publication in the newspaper and delivery of a notice to the properties within 100 m of the subject property, in accordance with the requirements of the LGA, advising that Council will consider the application for a TUP at its August 21st, 2017 meeting.
ALTERNATIVES:
1. That Council authorize staff not to enforce the Township of Esquimalt Zoning Bylaw, 1992, No. 2050, as amended, for the property located at 453 Head Street until Council has had the opportunity to consider an application for a Temporary Use Permit at its August 21st, 2017 Council meeting.
2. That Council not pass a motion to authorize staff not to enforce the Township’s Zoning Bylaw in relation to 453 Head Street.