This summary considers only the provisions of the zoning bylaws which regulate use, parking, building height and water setback. Other applicable building requirements such as yard requirements may impact on the siting of the building.
This summary has been prepared on a "without recourse" basis.
Two Zoning Bylaws apply to the proposed Anglin Bay LVEC Location.
1. Zoning Bylaw No. 8499 applies to the Anglin Parking Lot Lands referred to as the "Anglin Land ".
2. Downtown and Harbour Zoning Bylaw No. 96-259 applies to the Marina Land.
PERMITTED USE. This land is zoned "Multiple Family Dwelling Zone (B1.207)" for medium density residential at a density of 50 dwelling units/ hectare and in specific circumstances a density up to 62.5 dwelling units/ hectare. Other uses are permitted but none are LVEC related.(s.14 and Part VIII 207). The only public use which is permitted in all zones that may be relevant to the proposed LVEC depending on how parking is provided is "Municipal parking lots and parking structures"(s. 5.1).
An arena is not a permitted use on the Anglin land and a zoning amendment would be required to permit the proposed LVEC.
PARKING REQUIREMENT. Should the permitted use of the Anglin Land be amended to permit an arena use the parking requirement for "Stadiums, Sport Arenas or Similar Places of Public Assembly" requiring "1 parking space for each 10 seats" would apply (s.5.3). Parking required in B1 zones is required to be provided on the same lot as the use requiring the parking (s.5.3(e)).
Given the parking requirement applicable to an arena use and that it is proposed that most parking for the proposed LVEC would be provided offsite, zoning amendments would be required to, a) reduce the number of required parking spaces, b) amend the onsite parking requirement or, c) both.
PERMITTED USE. This land is zoned "Harbour Zone (HR)" permitting a list of waterfront related uses including "public uses" (s. 9.1). Public uses is defined to include "community or recreational centres" which are publicly owned (s.4). "Community or recreational centres" is subsequently defined among other things to include " auditoriums and arenas" (s.4) and "arena" (s.4) is defined in a manner which include the activities apparently contemplated for the LVEC.
An arena is a permitted use only if publicly owned. A zoning amendment would be required if the LVEC was owned by a public-private partnership.
PARKING REQUIREMENT. An "arena (with seats)" requires 1 parking space per 7 seats or 1 per 23 m2 (248 ft2) (s.5.22.5.1). However the words "whichever is greater" which appear in the bylaw wherever else an alternative parking standard applies does not appear with respect to "arenas (with seats)" resulting in uncertainty of application. Required parking is required to be located on the same lot as the use requiring the parking.
Given that the words "whichever is greater" are missing in the bylaw there is uncertainty regarding the applicable parking requirement. If the 1 parking space per 7 seats requirement applies and given that most parking for the proposed LVEC is proposed to be provided off site, zoning amendments would be required to, a) reduce the number of required parking spaces, b) amend the onsite parking requirement, or c) both. If the 1 per 23 m2 (248 ft2) requirement applies a change may not be required assuming that the Anglin Parking Lot lands and Marina Lands are married as one lot.
HEIGHT RESTRICTION. A maximum building height of 10.7 m (35 ft) applies (table 9.2).
A LVEC exceeding a height of 35 feet would require a zoning amendment permitting a greater height.
MINIMUM DISTANCE FROM WATER'S EDGE. The minimum required distance between the water's edge and the nearest part of any building is 10.0 m (33 feet) (9.2.1).
Any reduction in this requirement would require a zoning amendment permitting a reduced distance.
NOTE 1. Although the term "zoning amendment" is used some "amendments" may be obtained by minor variance.
NOTE 2. Zoning amendments can not be made unless they are in conformity with the Official Plan Similar requirements apply to the granting of minor variances. The Official Plan should be reviewed and an assessment made regarding the conformity of any proposed amendments or minor variances.
Robert Mackenzie
October 21, 2004