CITY OF KELOWNA MEMORANDUM

Transcription

1 CITY OF KELOWN MEMORNDUM Date: pril 0, 004 File No.: Z04-00/T To: From: City Manager Planning and Corporate Services Department Subject: PPLICTION NO. T Z04-00 OWNER: Springfield Plaza Inc. T: 585 Springfield Road PPLICNT: Springfield Plaza Inc. PURPOSE: TO REZONE THE SUJECT PROPERTY FROM C0-SERVICE COMMERCIL TO C0lp-SERVICE COMMERCIL LIQUOR PRIMRY TO DD GMING FCILITIES S PERMITTED SECONDRY USE IN THE C0-SERVICE COMMERCIL ZONE (TO LLOW FOR SLOT MCHINES) EXISTING ZONE: C0-SERVICE COMMERCIL PROPOSED ZONE: C0LP-SERVICE COMMERCIL LIQUOR PRIMRY REPORT PREPRED Y: RYN SMITH SEE TTCHED FCT SHEET FOR COMPLETE PPLICTION DETILS.0 RECOMMENDTION THT Zoning ylaw Text mendment No. T to amend City of Kelowna Zoning ylaw No by adding gaming facilities as a permitted secondary use in the C0-Service Commercial Zone as outlined in the report of the Planning & Development Services Department dated pril 5, 004 not be approved by Council; THT Rezoning pplication No. Z04-00 to amend the City of Kelowna Zoning ylaw No by changing the zoning classification of Lot, District Lot 9, ODYD Plan KP700, located on Springfield Road, Kelowna,.C. from the C0 Service Commercial zone to the C0LP Service Commercial Liquor Primary Zone zone not be approved by Council ;.0 SUMMRY The applicant is seeking to rezone the subject property from the C0-Service Commercial Zone to the C0LP-Service Commercial Liquor Primary Zone in order to accommodate a liquor primary license at the ingo Kelowna facility. development

2 T04-000/Z04-00 Page permit is also being sought for a building addition (858m ) to the existing bingo Kelowna facility. Furthermore the applicant is seeking a text amendment to Zoning ylaw No.8000 that would add Gaming Facilities as a secondary use in the C0-Service Commercial Zone to allow for slot machines. 3.0 DVISORY PLNNING COMMISSION t the regular meeting of March 6, 004 it was resolved: THT the dvisory Planning Commission supports Rezoning pplication No. Z04-00, 585 Springfield Road, Lot, Plan 700, Sec. 0, Twp. 6, ODYD, by Springfield Properties Inc (John Mcfee), to rezone from the C0-Service Commercial zone to the C0LP -Service Commercial Liquor Primary Zone, in order to accommodate a liquor primary, licensed establishment on the subject property; ND THT the dvisory Planning Commission not support Text mendment pplication No. T04-000, 585 Springfield Road, Lot, Plan 700, Sec. 0, Twp. 6, ODYD, by Springfield Properties Inc (John Mcfee), to amend Zoning ylaw 8000 to allow gaming facilities as a permitted use in the C0-Service Commercial zone. The PC recommends the proposed uses be incorporated into a Comprehensive Development zone specific to the property. ND THT the dvisory Planning Commission supports Development pplication No. DP04-003, 585 Springfield Road, Lot, Plan 700, Sec. 0, Twp. 6, ODYD, by Springfield Properties Inc (John Mcfee), to obtain a Development Permit to allow for a two storey addition (63 m) to the existing commercial building on the subject property. 4.0 CKGROUND This property was the subject of an Official Community Plan mendment, Rezoning, Development Permit and Text mendment in 00. Council s approval of these applications led to the development of the ingo Kelowna facility which currently occupies this site. t the time the original development permit was approved, the applicant left a pad on the site for future expansion potential. This application represents the planned expansion. 4. The Proposal The applicant is seeking to add a two-storey 858m addition to the existing ingo Kelowna facility. The proposed addition would extend from the front of the existing building towards Springfield Road and would encompass an existing pad left vacant for future development. This addition would potentially house a coffee shop, extended bingo facilities, bingo related office space and newly added gaming facilities. ingo facilities were previously restricted to bingo only operations; however, the ritish Columbia Lottery Corporation (CLC) has recently opted to seek limited gaming facilities (slot machines) in conjunction with bingo operations. For this reason the applicant is seeking to add gaming facilities as a secondary use in the C0-Service Commercial Zone. The interior layout for the proposed addition has yet to be decided as the applicant is still in discussions with CLC (regarding gaming options) and the Liquor Control and Licensing ranch; however, tentative floor plans have been provided for Councils information. The liquor primary zoning designation sought by the applicant would allow the ingo Kelowna facility to hold a Liquor Primary license. lthough the precise person capacity

3 T04-000/Z04-00 Page 3 has yet to be determined, the applicant has indicated that a person capacity of between persons will be sought. The applicant has indicated that this capacity will be spread over several different areas within the facility. Further information will be provided with the liquor primary license application. The application meets the requirements of the C0 Service Commercial zone as follows: CRITERI PROPOSL C0 ZONE REQUIREMENTS Lot rea (m²) 739m 000m Lot Width (m) 98.6m 40m Lot Depth (m) 9m 30m Storeys (#) 3 storeys Existing uilding rea 9.6m n/a Proposed uilding ddition 858m n/a Total Floor rea m n/a Site Coverage (total) 4.% 40% Floor rea Ratio Existing Floor rea Ratio Proposed uilding Setbacks Front Yard 4.4m.0m Side Yard (e) 5.8m 0.0m Side Yard (w) 6.m 4.5m Rear Yard.6m 0.0m Parking Spaces 37 ingo Hall: 96 ( Per 5 seats) Parking for Proposed ddition: Minimum Required:7 Loading Space icycle Parking Spaces Site Context The subject property is located the south side of Springfield Road between urtch Road and Dayton Road (west of Rona). djacent zones and uses are: North - RM3 Low Density Multiple Family Town House Type Development East - C0 Service Commercial - Rona South - griculture Undeveloped gricultural Land West - RM3 Low Density Multiple Family Development

4 T04-000/Z04-00 Page Site Location Map Subject Properties: 585 Springfield Road C MCINNES VE PL RU RU RU 33 3 LUC SPRINGFIELD RD SPRINGFIELD RD. H455 PLN 5943 K K944 KSLO CT. INKR RD K74 K677 K KSLO CT INKR RD PLN 8505 PLN 5943 PLN 3094 PLN 5943 PLN DENVER RD. K308 LUC PL DENVER RD K RU 38 C5 URTCH RD URTCH RD PL RM3 K436 PLN 3664 RM3 PLN K8 K49 K49 PL.708 H8354 H849 PL.4409 PLN 700 PLN 75 SPRINGFIELD RD PLN PLN 45 DYTON ST DYTON RD. P PLN 008 D PLN C LUC PLN 4090 C0lr SUJECT PROPERTY SPRINGFIELD RD PLN 346 PLN 498 K KIRSCHNER RD KIRSCHNER RD. SPRINGFIELD RD C PL KSLO CT PLN 499 NELSON PL PL URTCH RD URTCH RD. PLN PLN Existing Development Potential The subject property is currently C0 Service Commercial. The purpose is to designate and preserve land for the accommodation of a mix of commercial uses, including vehicular oriented areas, not provided for in other zones. 4.5 Current Development Policy 4.5. Kelowna Official Community Plan The Official Community Plan future land use designation for this property is Commercial. The O was amended during the original zoning amendment process to allow for commercial development on the site.

5 T04-000/Z04-00 Page Mayor s Entertainment District Task Force Report The MEDTF report recommends a minimum separation of 00 metres between liquor primary licenses establishments with capacities of between 50 persons and 350 persons. 5.0 TECHNICL COMMENTS 5. Works and Utilities 5.. General The proposed application to rezone from C0 to C0LP - Liquor Primary, does not compromise Works and Utilities servicing requirement. ll frontage improvement requirements, servicing and site related issues were outlined in our previous reports under files Z0-0, DP and have been addressed. 5.. Domestic Water and Fire Protection The developer s consulting mechanical engineer will determine the domestic and fire flow requirements of this proposed building addition and establish if the existing service is adequate. Service Changes shall be at the applicant s cost. Domestic water for the proposed building addition must be an extension of the existing metered water within the main building Sanitary Sewer The existing development is serviced with a 50mm-diameter sanitary sewer service which should be adequate for the proposed building addition. Sanitary sewer service issues for the site will be reviewed when a mechanical engineering design is submitted. Service changes shall be at the developer s cost Storm Drainage Changes to the lot grading and on-site drainage containment and disposal systems will require a revised Storm Management and Lot Grading Plan from the developer s consulting civil engineer Development Permit and Site Related Issues ccess and Maneuverability

6 T04-000/Z04-00 Page 6 The existing right-out only sign, at the access driveway to Springfield Road shall be replaced with one that confirms with The Uniform Traffic Control Sign Standards. dequate off-street parking must be provided and changes to the existing parking modules must meet zone size requirements for parking stall and drive isles widths. 5. Inspection Services No comment. 5.3 Fire Department 5.4 RCMP Will this building still meet the requirements for an unsprinklered structure once the addition is installed? The RCMP does not support a liquor primary license at this location. 5.5 Public Health Inspector No comment. 5.6 Ministry of Water Land and ir Protection No comment. 6.0 PLNNING ND CORPORTE SERVICES DEPRTMENT The Planning and Corporate Services Department has concerns with regard to the proposed rezoning and text amendment applications. When staff supported the original O mendment, Zoning and Development Permit applications it was never intended that other gaming type uses or liquor related services be present on this site due do its location outside of the entertainment and cultural districts and it close proximity to residential development. For this reason, gaming facilities only appears as a permitted use in the C7 and C8 zones. Unfortunately there is no existing policy to guide the recommendation of staff on this issue. In addition, although the ingo Kelowna facility does not tend to attract a demographic that would pose problems (eg. crime or vandalism) in the area, there are residential developments to the north and west whose residents may have concerns. The nearest liquor primary licensed establishment to ingo Kelowna is the OK Corral which is 50 metres to the north-east on Kirschner Road. The RCMP have also expressed concerns with regard to a liquor license at this location. The Planning and Corporate Services Department does not support the proposed rezoning to add a liquor primary designation to the existing zoning of the subject property nor does it support the proposed text amendment to add gaming as a permitted secondary use in the C0-Service Commercial Zone.

7 T04-000/Z04-00 Page 7 Should Council choose to support a liquor primary license and expanded gaming facilities at ingo Kelowna staff are recommending the creation of a Comprehensive Development zone in order to provide Council with a greater measure of control over the expansion of gaming facilities to new locations in Kelowna. However, the Development Permit related to the expansion of the building for bingo only uses does not raise significant concerns as this expansion was contemplated at the time of the original development. 7.0 LTERNTE RECOMMENDTION That Council direct staff to create a comprehensive development zone for the ingo Kelowna facility that will include both comprehensive gaming and liquor primary establishments as permitted uses and present the proposed zone to Council for further consideration; ndrew ruce Manager of Development Services pproved for inclusion R.L. (Ron) Mattiussi,, MCIP Director of Planning and Corporate Services PMc/pmc ttach.

8 T04-000/Z04-00 Page 8 FCT SHEET. PPLICTION NO.: T04-000/Z PPLICTION TYPE: Text mendment/rezoning 3. OWNER: Springfield Properties Inc. DDRESS CITY 585 Springfield Road Kelowna, C POSTL CODE VY 5V5 4. PPLICNT/CONTCT PERSON: Springfield Properties Inc. DDRESS 585 Springfield Road CITY POSTL CODE Kelowna, C VY 5V5 TELEPHONE/FX NO.: PPLICTION PROGRESS: Date of pplication: Date pplication Complete: February 9, 004 February 9, 004 Servicing greement Forwarded to N/ pplicant: Servicing greement Concluded: N/ Staff Report to PC: March 6, Staff Report to Council: LEGL DESCRIPTION: N/ Lot, District Lot 9, ODYD Plan KP SITE LOCTION: The subject property is located the south side of Springfield Road between urtch Road and Dayton Road (west of Rona). 8. CIVIC DDRESS: 585 Springfield Road 9. RE OF SUJECT PROPERTY: 739m 0. RE OF PROPOSED REZONING: 739m. EXISTING ZONE CTEGORY: C0 Service Commercial. PROPOSED ZONE: C0LP-Service Commercial Liquor Primary 3. PURPOSE OF THE PPLICTION: TO REZONE THE SUJECT PROPERTY FROM C0-SERVICE COMMERCIL TO C0LP-SERVICE COMMERCIL LIQUOR PRIMRY TO CONSTRUCT TWO STORY DDITION TO THE EXISTING INGO KELOWN FCILITY TO DD GMING FCILITIES S PERMITTED SECONDRY USE IN THE C0-SERVICE COMMERCIL ZONE TO LLOW FOR SLOT MCHINES

9 T04-000/Z04-00 Page 9 4. MIN. OF TRNS./HIGHWYS FILES NO.: NOTE: IF LNDS RE WITHIN 800 m OF CONTROLLED CCESS HIGHWY 5. DEVELOPMENT PERMIT MP 3. IMPLICTIONS N/ TTCHMENTS (not attached to the electronic version of the report) Location of subject property Site plan Elevations Proposed Floor Plans