Committee of the Whole - September 21, 2017

A report providing information and recommendations regarding an application to construct a five-story warehouse with accessory offices on a small and narrow lot near the corner of Rock Bay Avenue and John Street.

Late Item: Presentation

Recommendation:That Council, after giving notice and allowing an opportunity for public comment at a meeting of

Council, consider the following motion: "That Council authorize the issuance of Development Permit Application No. 00006. for 584 John Street, in accordance with: 1. Plans date stamped September 16, 2016. 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. reduce parking requirement from one stall per 93m2 of warehouse/wholesale use to one stall per 190.m2; and ii. reduce loading space requirement from one space to nil. 3. Provision of a legal agreement securing the provision of bus passes, bicycle parking and other Transportation Demand Management measures as offered by the applicant to the satisfaction of the City Solicitor. 4. The Development Permit lapsing two years from the date of this resolution."

1_Report_DPwV 00006 for 584 John Street

2_Attachment A & B_Maps

3_Attachment C_Letter to Mayor and Council

4_Attachment D_Letter from Griffin Restoration

5_Attachment E_Covering Letter & Parking Study

6_Attachment F_Letter from CALUC

7_Attachment G_Email from Applicant to CALUC

8_Attachment H_Plans

9_Additional Letter from CALUC

10_LATE_Presentation

[Addenda]

Development Permit with Variance Application No. 00046, No. 00047 and No. 00048 for 1032, 1038, and 1044 Harling Lane (Fairfield)

--J. Tinney, Director of Sustainable Planning & Community Development

A report providing information and recommendations regarding an application to legalize the construction of an outdoor feature (arbour) constructed on each lot.

Late Item: Presentation

Recommendation:That Council after giving notice and allowing an opportunity for public comment at a meeting of Council, consider the following motions: 1032 Harling Lane "That Council authorize the issuance of Development Permit with Variances Application No. 00046 for 1032 Harling Lane in accordance with: 1. Plans date stamped July 21, 2017 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. reduce the front yard setback from 18m to 17.30m for an outdoor feature (arbour) ii. reduce the separation distance from 2.4m to 1.58m for the arbour from the dwelling. 3. The Development Permit lapsing two years from the date of this resolution." 1038 Harling Lane "That Council authorize the issuance of Development Permit Application with Variances No. 00047 for 1038 Harling Lane in accordance with: 1. Plans date stamped July 21, 2017 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. reduce the front yard setback from 18m to 17.20m for an outdoor feature ii. reduce the separation distance from 2.4m to 1.72m for the-arbour from the dwelling. 3. The Development Permit lapsing two years from the date of this resolution." 1044 Harlinq Lane "That Council authorize the issuance of Development Permit Application with Variances. No. 00048 for 1044 Harling Lane in accordance with: 1. Plans date stamped July 21, 2017. 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: iii. reduce the front yard setback from 18m to 17.27m iv. reduce the separation distance from 2.4m to 1.68m for the arbour from the dwelling. 3. The Development Permit lapsing two years from the date of this resolution.

1_Report_DPwVs 00046 (1032 Harling Lane), 00047 (1038 Harling Lane) and 00048 (1044 Harling Lane)

2_Attachment A & B_Maps

3_Attachment C_Plans

4_Attachment D_Letter to Mayor & Council

5_LATE_Presentation

[Addenda]

Development Variance Permit Application No. 00184 for 1265 Vista Heights (Hillside-Quadra)

--J. Tinney, Director of Sustainable Planning & Community Development

A report providing information and recommendations regarding an application to construct a single-family dwelling with a secondary suite.

Late Item: Presentation

Recommendation:That Council after giving notice and allowing an opportunity for public comment at a meeting of

Council, consider the following motion: "That Council authorize the issuance of Development Variance Permit Application No. 00184 for 1265 Vista Heights, in accordance with: 1. Plans date stamped August 23, 2017. 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. relaxation to permit a roof deck ii. reduce the front yard setback from 7.50m to 5.00m iii. increase the maximum parking stall area grade from 8% to 10.50%. 3. Registration of a Section 219 Covenant on title to ensure the roof deck is used solely for the purposes pertaining to sustainable environmental initiatives, including but not limited to, solar panels and green roofs. 4. The Development Permit lapsing two years from the date of this resolution."

1_Report_DVP 00184 for 1265 Vista Heights

2_Attachment A & B_Maps

3_Attachment C_Plans

4_Attachment D_Letter to Mayor and Council

5_Attachment E_CALUC Letter

6_Attachment F_Arborist Report

7_Attachment G_Arborist Addendum

8_Attachment H_Arborist Addendum

9_Attachment I_Correspondence

10_LATE_Presentation

[Addenda]

STAFF REPORTS

Official Community Plan Amendments to Align with Gonzales Neighbourhood Plan

--J. Tinney, Director of Sustainable Planning & Community Development

A report providing information and recommendations regarding proposed consultation for those affected by proposed amendments to the Official Community Plan.

Late Item: Presentation

Recommendation:That Council: 1. Consider consultation under Section 475(1) and 475(2) of the Local Government Act and direct staff to undertake consultation with those affected by the proposed amendments to the Official Community Plan through online consultation, a public open house, and a meeting with owners of property within proposed heritage conservation areas, concurrent with public review of the proposed Gonzales Neighbourhood Plan. 2. Consider consultation under Section 475(2)(b) of the Local Government Act and direct staff: a. to refer the proposed Official Community Plan amendments to the Songhees Nation, the Esquimalt Nation, the School District Board, the Council of Oak Bay, Island Health Board of Directors; and b. that no referrals are necessary to the Capital Regional District Board, or the provincial or federal governments. 3. Direct staff to prepare Official Community Plan amendment bylaws following consultation to adjust urban place designations, adjust development permit area boundaries and guidelines, and create a new heritage conservation area in accordance with feedback received on the proposed Official Community Plan amendments. 4. Refer the proposed Gonzales Neighbourhood Plan to the meeting of Council at which the above Official Community Plan amendments Public Hearing is held, for consideration of final approval. 5. Following approval of the proposed Gonzales Neighbourhood Plan, rescind the Gonzales Neighbourhood Community Plan (2002).

1_Report_OCP Amendments to Align with Gonzales Neighbourhood Plan

2_Attachment A_Proposed OCP Amendments-Land Use and Development Permit Areas

3_Attachment B_Draft Revitalization Guidelines for Corridors, Villages and Town Centres

4_Attachment C_Draft Design Guidelines for Intensive Residential Development - Townhouse

5_Attachment D_Proposed OCP Amendment Heritage Conservation Areas

6_LATE_Presentation

[Addenda]

2018 - 2019 Permissive Property Tax Exemptions

--S. Thompson, Director of Finance

A report providing information and recommendations regarding applications from non-profit organizations requesting

permissive property tax exemptions for 2018- 2019.

Late Item:Revised Page two of Report

Recommendation:That Council: 1. Approve all applications for permissive property tax exemption detailed in Table 2 for the 2018 - 2019 tax years 2. Direct staff to prepare a 2018 - 2019 permissive property tax exemption bylaw for Council's consideration.

1_REVISED Pg 2_Report_2018 - 2019 Permissive Property Tax Exemptions

2_Appendix A_Permissive Tax Exemption Policy

3_Appendix B - Part 1_Victoria Cool Aid Society - Application 1_Application Recommended for Approval

4_Appendix B - Part 2_Victoria Cool Aid Society - Application 2_Application Recommended for Approval

5_Appendix B - Part 3_Victoria Social Innovation Centre Society_Application Recommended for Approval

6_Appendix B - Part 4_Victoria Truth Centre Inc_Application Recommended for Approval

7_Appendix B - Part 5_Winners Chapel International_Application Recommended for Approval

8_Appendix C - Part 1_Hands-On Summer Camp_Application NOT Recommended for Approval

9_Appendix C - Part 2_ Bialy Orzel Polish Association White Eage Hall_Application NOT Recommended for Approval

10_Appendix C - Part 3_James Bay Child Care Society_Application NOT Recommended for Approval

11_Appendix C - Part 4_Vancouver Coastal Health Authority_Application NOT Recommended for Approval

12_Appendix C - Part 5_Victoria Disability Resource Centre_Application NOT Recommended for Approval

[Addenda]

Climate Change Leadership Plan Update

--F. Work, Director of Engineering & Public Works

A report providing information regarding an update on the Climate Action Program.

Late Item: Presentation

Recommendation: That Council accept this Climate Action Program Update report for information.

1_Report_Climate Change Leadership Plan Update

2_Annex A_Draft List of Climate Action Goals & Initiatives

3_LATE_Presentation

[Addenda]

10.

Site Options for the Lebanese Emigrant Statue

--J. Jenkyns, Deputy City Manager

A report providing information and recommendations regarding proposed siting for the Lebanese Emigrant statue.

Late Item: Presentation

Recommendation:That Council: 1. Approve Rainbow Park for installation of the Lebanese Emigrant statue, a gift from the World Lebanese Cultural Union. 2. Direct staff to create a Service Agreement with the WLCU-BC to ensure all funding associated with installation, as well as a donation of 10% of the assessed value of the statue for the ongoing maintenance will be provided by the WLCU-BC.

1_Report_Site Options for the Lebanese Emigrant Statue

2_LATE_Presentation

[Addenda]

11.

Short Term Rental Business Regulations and Enforcement Strategy

--C. Coates, City Clerk

A report providing information and recommendations regarding regulations and enforcement strategies for short term rentals.

Late Item: Report, Attachments & Presentation

Recommendation:That Council: 1. Approve the proposed short term rental regulatory framework, as described in this report, which allows short-term rentals in principal residences, subject to a business licence and compliance with operating requirements; 2. Direct staff to engage stakeholders on the proposed business regulations, and report back to Council in Q 4 of 2017 with the bylaws required to enact these regulations; and, 3. Direct staff to report back to Council in Q 1 of 2018 with an implementation plan, including schedule, resourcing proposal, and impacts to the financial plan.

1_Report_Proposed Short Term Rental Regulatory Framework

2_Appendix A_Short Term Rental Council Motions

3_Appendix B_Evaluation and Analysis of July 13, 2017 Council Motion

4_Appendix C_September 7, 2017 Zoning Bylaw Amendments Council Report

5_LATE_Presentation

[Addenda]

12.

Proposed Amendments to the Parks Regulation Bylaw

--C. Coates, City Clerk

--T. Soulliere, Director of Parks, Recreation & Facilities

--T. Zworski, City Solicitor

A report providing information and recommendations regarding amendments to the Parks Regulation Bylaw to better regulate the use and operation of the parks.

Recommendation:That Council direct staff to bring forward to the September 21 Council meeting amendments to the

Parks Regulation Bylaw including the following new provisions: 1. Ability to temporarily close a park or part of a park; 2. Prohibition on interference with City workers engaged in clean-up, maintenance or other work in a park; 3. Establishment of a time limit on occupation of a park or part of a park; 4. Authority to impound property unlawfully left in a park; 5. Ability to apply for permits to carry out protests and other expressive activities in a park; and 6. Consequential and housekeeping amendments.

1_Report_Proposed Amendments to the Parks Regulation Bylaw

2_Appendix A_Proposed new Bylaw Provisions

3_Appendix B_Current Parks Regulation Bylaw

13.

Proclamation: "Fire Prevention Week 2017" - October 8 to 14, 2017

1_Report_Proclamation Fire Prevention Week 2017, October 8 - 14, 2017

2_Appendix A_Proclamation_Fire Prevention Week 2017

3_Appendix B_List of Previously Approved Proclamations

14.

Proclamation: "Occupational Therapy Month" - October 2017

1_Report_Proclamation Occupational Therapy Month, October 2017

2_Proclamation_Occupational Therapy Month

3_Appendix B_List of Previously Approved Proclamations

NOTICE OF MOTIONS

NEW BUSINESS

15.

UBCM Attendance Requests

--Mayor Helps, Councillors Alto, Coleman, and Isitt

Council Member motions providing recommendations for authorization to attend the Union of BC Municipalities Conference in Vancouver.

Late Items: Reports from Mayor Helps, Councillors Coleman, Isitt, and Young

Recommendation: That Council approve the attendance and associated costs for the UBCM Conference in Vancouver.

1_LATE_Mayor Helps_UBCM Attendance Request

2_Councillor Alto_UBCM Attendance Request

3_LATE_Councillor Coleman_UBCM Attendance Request

4_LATE_Councillor Isitt_UBCM Attendance Request

5_LATE_Councillor Young_UBCM Attendance Request

[Addenda]

16.

Request for Staff Report on Transit as Part of Sustainable Mobility Strategy

--Mayor Helps & Councillor Alto

Late Item: Council Motion

1_Request for Staff Report on Transit as Part of Sustainable Mobility Strategy

2_Appendix A_Motion to Transit Commission with regard to Rapid Transit Implementation

3_Appendix B_Motion to Transit Commission with regard to Staffing for Victoria Transit Commission

[Addenda]

17.

Late Item: Short Term Vacation Rentals

--Councillor Young

A Council Member motion providing recommendations regarding short term vacation rentals.

Recommendation:That Victoria Council request the Provincial government to make changes to legislation and

regulations to ensure that: 1. property used substantially for short term vacation rental (stvr) purposes is classified as commercial property for purposes of municipal property taxes; and that 2. the right to legal non-conforming use of residentially zoned units in a strata building is determined on the basis of use of those individual strata lots, not (as at present) on the basis of existing use in other parts of the building .

Short Term Vacation Rentals

[Addenda]

18.

Late Item: UBCM Emergency Resolution: Protecting Local Waterways and Wild Fish Species

--Councillor Isitt & Loveday

A Council Member motion providing recommendations for a proposed resolution to be forwarded to UBCM regarding protecting local waterways and wild fish species.

Recommendation:THAT Council endorse the following resolution for consideration as an emergency resolution at the 2017 annual convention of the Union of BC Municipalities, and directs staff to forward this resolution to member local governments and to the UBCM requesting favourable consideration: Resolution: Protecting Local Waterways and Wild Fish Species WHEREAS British Columbia’s coastal communities rely on healthy waterways and healthy marine ecosystems including fisheries for economic, social and ecological wellbeing; AND WHEREAS the proliferation of open-net fish farms with non-native fish species threatens local waterways and wild fish species, undermining the economic, social and ecological wellbeing of local communities; THEREFORE BE IT RESOLVED THAT the Province of British Columbia decline any further permits for open-net aquaculture and phase out existing open-net operations, transitioning the industry to closed-containment acquaculture with a just transition for affected workers.

UBCM Emergency Resolution: Protecting Local Waterways and Wild Fish Species

[Addenda]

19.

Late Item: Endorsing the Treaty on the Proliferation of Nuclear Weapons

--Councillor Isitt

A Council Member motion providing recommendations regarding endorsing the treaty on the proliferation of nuclear weapons.

Recommendation:THAT Council endorse the following resolution and directs staff to forward this resolution to the

Government of Canada, Members of Parliament representing electoral areas on Vancouver Island, and local governments in British Columbia, requesting favourable consideration and resolutions of support: Resolution: Endorsing the Treaty on the Proliferation of Nuclear Weapons WHEREAS the City of Victoria is a signatory to the Mayors For Peace initiative and the Earth Charter; AND WHEREAS the City of Victoria has consistently supported citizens’ initiatives for a more peaceful world grounded in the principles of non-violence and the peaceful resolution of conflict within communities and internationally; AND WHEREAS the United Nations General Assembly has adopted the Treaty on the Proliferation of Nuclear Weapons and encouraged member nations to sign; AND WHEREAS the Government of Canada is not yet a signatory to the Treaty on the Proliferation of Nuclear Weapons; THEREFORE BE IT RESOLVED THAT the City of Victoria places itself on record as endorsing the Treaty on the Proliferation of Nuclear Weapons and calls on the Government of Canada to sign the treaty.

1_Report_Treaty on the Prohibition of Nuclear Weapons

2_Attachment 1_Treaty on the Proliferation of Nuclear Weapons

[Addenda]

Workshop

20.

Fairfield Neighbourhood Plan - Emerging Directions

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding the emerging plan directions for the Fairfield Neighbourhood Plan and options for future growth and heritage conservation.

Deferred from the September 14, 2017 Committee of the Whole Meeting

Late Item: Revised Attachment 1, Pages 19-20 & Correspondence

Recommendations: That Council: 1. Approve, in-principle, the emerging directions as a basis for preparing the draft Fairfield Neighbourhood Plan, which directs: a. some growth in and around Cook Street Village (buildings up to four storeys in height) and some growth directed to the northwest part of Fairfield (buildings from six to 10 storeys in height). b. new heritage conservation areas for: i. South Cook Street/Dallas Road (from Cook Street to Cambridge Street) ii. Trutch Street (between Richardson Street and Fairfield Road). iii. Durban and Kipling Streets (between Richardson Street and Thurlow Road). iv. Memorial Crescent (portion of block between Fairfield Road and May Street) and consideration for new guidelines and permit exemptions that address feedback received from homeowners and the community. 2. Refer the proposed heritage conservation areas to the Heritage Advisory Panel for review and comment, with a focus on proposed boundaries, permit exemptions and guidelines. 3. Following further development of the proposed heritage conservation areas, direct staff to undertake additional consultation with affected homeowners and the community as part of the draft Fairfield Neighbourhood Plan engagement.

1_Report_Fairfield Neighbourhood Plan - Emerging Directions

2_REVISED_Attachment 1_Emerging Directions for the Fairfield Neighbourhood Plan

3_Attachment 2_Summary Report - Fairfield Design Workshop

4_Attachment 3_Key Emerging Directions Matrix

5_Attachment 4_Survey Engagement Summary Neighbourhood Growth and Housing

6_Attachment 5_Description of Preliminary HCAs

7_Attachment 6_HCA Engagement Summary

8_Attachment 7_Correpondence Received from Homeowners re HCAs

9_Correspondence

10_REVISED_Presentation

11_LATE Correspondence

12_LATE LATE Correspondence

[Addenda]

ADJOURNMENT OF COMMITTEE OF THE WHOLE

CONVENE COUNCIL MEETING

MOTION TO CLOSE THE SEPTEMBER 21, 2017 COUNCIL MEETING TO THE PUBLIC

That Council convene a closed meeting that excludes the public under Section 90 of the Community Charter for the reason that the following agenda items deal with matters specified in Sections 90(1) and/or (2) of the Community Charter, namely:

• Section 90 1(c)labour relations or other employee relations;

• Section 90 1(e)the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

• Section 90 1(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

• Section 90 1(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report].

• Section 90 2(b)the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

APPROVAL OF CLOSED AGENDA

READING OF CLOSED MINUTES

Minutes from the closed Meeting held September 7, 2017 Deferred

[Addenda]

UNFINISHED BUSINESS

CORRESPONDENCE

NEW BUSINESS

Land

--P. Rantucci, Head of Strategic Real Estate

Late Item: Report

[Addenda]

Late Item: Legal Advice

--T. Zworski, City Solicitor

[Addenda]

Late Item: Municipal Objectives

--S. Thompson, Director of Finance

[Addenda]

Late Item: Land / Intergovernmental Relations

--Councillors Loveday, Thornton-Joe, and Isitt

[Addenda]

Late Item: Labour / Employee Relations

--J. Jensen, Head of Human Resources

[Addenda]

CONSIDERATION TO RISE & REPORT

ADJOURNMENT

No Item Selected

Details

History

Vote Result