Victoria City Council - 26 Oct 2017 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, OCTOBER 26, 2017, AT 6:30 P.M.

Council Chambers, City Hall, 1 Centennial Square

Located on the traditional territory of the Esquimalt and Songhees People

 

Music performance by clarinet duo, Larry de la Haye and Jayda Thor,

from the Victoria Conservatory of Music.

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Ryan Painter: Mental Health

 

 

2.

Steve Sxwithul'txw: Indigenous Walk of Fame

 

 

3.

Rachael Montgomery: Plastic Bag Ban Regulation

 

 

4.

Addenda

Late Item: Julia Carr: Plastic Bag Ban Regulation

 

 

5.

Addenda

Late Item: Margaret McCullough: Plastic Bag Ban

 

 

6.

Addenda

Late Item: Barry Petrachenko: IIHF World Junior Hockey Bid

 

D.

PROCLAMATIONS

 

 

1.

"CRPS/RSD Awareness Day" - November 6, 2017

 

CRPS-RSD Awareness Day

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Development Permit with Variances Application No. 00046 for 1032 Harling Lane, No. 00047 for 1038 Harling Lane, and No. 00048 for 1044 Harling Lane

 

Council is considering a development permit with variance application to approve outdoor feature (arbour). The proposal requires variance for setback from front property line and separation space from main building.

 

 

a.

Opportunity for Public Comment

Development Permit with Variances No. 00046, No. 00047, and No. 00048

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 1032 Harling Lane, 1038 Harling Lane, and 1044 Harling Lane in Development Permit Area 15A: Intensive Residential Small Lot, for purposes of establishment of objectives for the form and character of intensive residential development.

 

The Development Permits will vary the following requirements of the Zoning Regulation Bylaw, for each lot:

         Reduce the front yard setback for an outdoor feature (arbour).

         Reduce the separation distance for the arbour from the dwelling.

 

Legal description of the land:

Lot C, Fairfield Farm Estate, Victoria City Plan EPP20983

Lot D, Fairfield Farm Estate, Victoria City Plan EPP20983

Lot E, Fairfield Farm Estate, Victoria City Plan EPP20983

 

1_DPVs 00046_1032 Harling Lane, 00047 for 1038 Harling Lane, and 00048 for 1044 Harling Lane_September 21, 2017 COTW Report

2_DPVs 00046, 00047, and 00048_Correspondence

 

 

 

 

Close of Opportunity for Public Comment - Consideration of Approval

 

 

b.

Development Permits with Variances Approvals: To approve the development permits with variances, the following motions are in order:

 

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:
    1. reduce the front yard setback from 18m to 17.30m for an outdoor feature (arbour)
    2. 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:
    1. reduce the front yard setback from 18m to 17.20m for an outdoor feature
    2. 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:
    1. reduce the front yard setback from 18m to 17.27m
    2. 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.

 

2.

Heritage Designation Application No. 000161 and Tax Incentive Program Application No. 00027 for 506 Fort Street

 

Council is considering an application to designate the property as a Municipal Heritage Site and provide a tax exemption for the property for four years.

 

 

a.

Addenda

Opportunity for Public Comment

Heritage Designation No. 000161

Under the provisions of the Local Government Act, the City of Victoria intends to designate the exterior of the building located at 506 Fort Street, legally described as Lot 1, Section 18, Victoria District, Plan 29564, as protected heritage property, under Heritage Designation (506 Fort Street) Bylaw No. 17-031.

 

Late Item: Correspondence

 

1_HD 000161_506 Fort Street_March 16, 2017 COTW Report

2_HD 000161 & TIP 00027_506 Fort Street_October 12, 2017 Council Report

3_LATE_HD 000161 & TIP 00027_Correspondence

 

 

 

b.

Tax Incentive Program Application No. 00027

For the purpose of assisting in the preservation and rehabilitation of heritage property, including the seismic upgrading, and residential use of heritage property, the Council of the Corporation of the City of Victoria proposes a bylaw that would exempt the heritage building located at 506 Fort Street, Victoria, BC, from municipal property taxes for 4 consecutive years.

 

The proposed exemption would apply if:

  1. the Victoria Civic Heritage Trust verifies and advised the City that the upgrading of the property is complete and fully paid for by the owner, and is in accordance with the B.C. Building Code;
  2. all parts of the heritage building on the property that are located above its ground floor are available to be used for residential purposes, and uses ancillary thereto;
  3. a covenant pursuant to section 219 of the Land Title Act identifying the tax exemption and the restrictions on the use of the heritage building on the property stated in paragraph (b) of this notice has been registered at the Land Title Office against title for the property.

 

The estimated amount of municipal property taxes that would be imposed on the property if it were not exempt for the year in which Bylaw 17-105 takes effect and the following two years is approximately $52,667.12.

 

TIP 00027_506 Fort Street_May 25, 2017 COTW Report

 

 

 

 

Close of Opportunity for Public Comment - Consideration of Approval

 

 

c.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

  1. Heritage Designation (506 Fort Street) Bylaw No. 17-032

 

Heritage Designation (506 Fort Street) Bylaw No. 17-032

 

 

 

d.

Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaws is in order:

  1. Heritage Designation (506 Fort Street) Bylaw No. 17-032
  2. Tax Exemption (506 Fort Street) Bylaw No. 17-105
  3. Housing Agreement (506 Fort Street) Bylaw No. 17-104

 

1_Heritage Designation (506 Fort Street) Bylaw No. 17-032

2_Tax Exemption (506 Fort Street) Bylaw No. 17-105

3_Housing Agreement (506 Fort Street) Bylaw No. 17-104

 

 

3.

Rezoning Application No. 00586 for 304 Cook Street

 

Council is considering a rezoning application to allow for the retail sale of liquor.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00586

To rezone the land known as 304 Cook Street from the CR-3M Zone, Commercial Residential Apartment Modified District, to the CR-3M-2 Zone, Commercial Residential Apartment (Sutlej) District, to permit a liquor retail store use.

 

New Zone: CR-3M-2 Zone, Commercial Residential Apartment (Sutlej) District

 

Legal description: Lot 51, Fairfield Farm Estate, Victoria City, Plan 28

 

Existing Zone: CR-3M Zone, Commercial Residential Apartment Modified District

 

Late Item: Correspondence

 

1_Rezoning 00586_304 Cook Street_August 3, 2017 COTW Report

2_Rezoning 00586_Correspondence

3_LATE Rezoning 00586_Correspondence

4_LATE LATE Rezoning 00586_Correspondence

5_LATE LATE LATE Rezoning 00586_Correspondence

 

 

 

 

Close of Hearing - Consideration of Approval

 

 

b.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1120) No. 17-102

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1120) No. 17-102

 

 

 

c.

Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order:

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1120) No. 17-102

 

4.

Rezoning Application No. 00571 for 2639-2641 Quadra Street

 

Council is considering an application to rezone the property to allow for the retail sale of cannabis.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00571

To rezone the land known as 2639-2641 Quadra Street from the C1-QV Zone, Quadra Village District, to the C1-QC Zone, Quadra Village (Cannabis) District, to permit a storefront cannabis retailer.

 

New Zone: C1-QC Zone, Quadra Village (Cannabis) District

 

Legal description: Lot 9, Block 16, Section 4, Victoria District, Plan 240

 

Existing Zone: C1-QV Zone, Quadra Village District

 

Late Item: Correspondence and Update Report advising that the executed Statutory Right-of-Way has not been received, therefore final adoption of the bylaw should not be voted on until the City receives proof of registration.

 

1_Rezoning 00571_2639-2641 Quadra Street_June 15, 2017 COTW Report

2_Rezoning 00571_Correspondence

3_LATE Rezoning 00571_Correspondence

4_LATE LATE Rezoning 00571_Correspondence

5_LATE_Rezoning 00571_2639-2641 Quadra Street_Update Report

6_LATE LATE LATE Rezoning 00586_Correspondence

 

 

 

 

Close of Hearing - Consideration of Approval

 

 

b.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1109) No. 17-079

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1109) No. 17-079

 

 

 

c.

Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order:

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1109) No. 17-079

 

 

F.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Addenda

Late Item: Chris Zmuda: City Hall - Cannabis - Small Business

 

 

2.

Addenda

Late Item: Carolyn Whittaker: Plastic Bag Ban Regulation

 

 

3.

Addenda

Late Item: Chris-Ann Lake: Ban the Bag Victoria

 

G.

UNFINISHED BUSINESS

 

 

1.

Letter from the Minister of Forests, Lands, Natural Resource Operations and Rural Development

A letter of response dated October 19, 2017, regarding the City of Victoria Council's resolution to support optimizing community benefits of forest resources.

 

Letter from the Minister of Forests, Lands, Natural Resource Operations and Rural Development

 

 

2.

Rise and Report from Closed Meeting for Information

 

 

a.

From the April 6, 2017 Closed Council Meeting:

  1. That Council authorizes the Mayor and City Clerk to execute a lease, in a form satisfactory to the City Clerk, for premises at 707 Douglas Street with Wilson’s Transportation Ltd. for a period of 17 months and 10 days commencing April 21, 2017 at a base rent of $11,676.00 per annum ($14.00/ft2), plus GST, subject to the publication of the statutory notices required by the Community Chart
  2. That Council authorize a rise and report upon the execution of the lease agreement.

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

 

a.

Report from the October 12, 2017 COTW Meeting

 

Consideration of a COTW motion that was not approved at the October 12, 2017 Council Meeting.

 

2017_10_12_COTW_Report B

 

 

 

b.

Addenda

Late Item: Report from the October 12, 2017 COTW Meeting

 

A report to correct the date of the second Council Meeting in June 2018.

 

2017_10_12_COTW_Report C

 

 

 

c.

Report from the October 19, 2017 COTW Meeting

 

2017_10_19_COTW_Report

 

 

 

d.

Addenda

Report from the October 26, 2017 COTW Meeting

 

Late Item: Report

 

2017_10_26_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

 

1.

Bylaw for Rezoning Application No. 00541 for 1068 Chamberlain Street

A report recommending first readings of Bylaw No. 17-114. The report also proposes a new motion, to reflect changes to the Development Permit with Variances Application No. 000488.

 

Update Report & Bylaw Introduction_1068 Chamberlain Street

 

 

 

a.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1125) No. 17-114

A bylaw to rezone the land known as 1068 Chamberlain Street to the R2-55 Zone, Duplex with Secondary Suite (Chamberlain) District.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-114.

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1125) No. 17-114

 

 

 

b.

Development Permit with Variances Application No. 000488 Motion:

An updated motion to reflect changes to the application, removing a previously noted variance.

 

Recommendation:

Following consideration of Rezoning Application No. 00541 that Council consider this updated motion with respect to Development Permit with Variances No. 000488:

 

"That Council authorize the issuance of Development Permit with Variances Application No. 000488 for 1068 Chamberlain Street, in accordance with:

  1. Plans date stamped July 14, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. allow parking in the front yard
    2. reduce the minimum rear yard setback from 12.78m to 10.26m.
  3. The Development Permit lapsing two years from the date of this resolution."

 

Update Report & Bylaw Introduction_1068 Chamberlain Street

 

 

 

2.

Bylaw for Rezoning Application No. 00545 for 750 Pemberton Road

A report recommending first and second readings of Bylaw No. 17-096, No. 17-086, and No. 17-097.

 

Bylaw Introduction Report_750 Pemberton Road

 

 

 

a.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1117) No. 17-096

A bylaw to rezone the land known as 750 Pemberton Road to the CD-14 Zone, Pemberton Comprehensive Development.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-096.

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1117) No. 17-096

 

 

 

b.

Housing Agreement (750 Pemberton Road) Bylaw (2017) No. 17-097

A bylaw to authorize an agreement for rental housing for the lands known as 750 Pemberton Road.

 

Recommendation: That Council give first, second, and third readings to Bylaw No. 17-097.

 

Housing Agreement (750 Pemberton Road) Bylaw (2017) No. 17-097

 

 

 

c.

Addenda

Late Item: Heritage Designation (750 Pemberton Road - Carriage House) Bylaw No. 17-086

A bylaw to designate the exterior of the Carriage House located at 750 Pemberton Road to be protected heritage property.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-086.

 

Heritage Designation (750 Pemberton Road - Carriage House) Bylaw No. 17-086

 

 

 

3.

Addenda

Bylaw for Liquor Licence Fee Bylaw Amendments

A report recommending first, second, and third readings of Bylaw No. 17-118.

 

Late Item: Report

Bylaw Introduction_Liquor Licensing Bylaw Amendment

 

 

 

a.

Addenda

Liquor Licensing Fee Bylaw, Amendment Bylaw (No. 2) No. 17-118

A bylaw to update the fees and make housekeeping amendments to reflect changes to the Liquor Control and Licensing Act.

 

Recommendation: That Council give first, second, and third readings to Bylaw No. 17-118.

 

Late Item: Bylaw

Liquor Licensing Fee Bylaw, Amendment Bylaw (No. 2) No. 17-118

 

 

 

4.

Bylaw for Parks Regulation Bylaw Amendments

 

 

a.

Parks Regulation Bylaw, Amendment Bylaw (No. 8) No. 17-099

A bylaw amendment to provide better regulations necessary for proper management and operations of municipal parks.

 

Recommendation: That Council adopt Bylaw No. 17-099.

 

Parks Regulation Bylaw, Amendment Bylaw (No. 8) No. 17-099

 

 

 

 

 

5.

Bylaw for 2018-2019 Permissive Property Tax Exemption

 

 

a.

Tax Exemption (Permissive) Bylaw, 2018-2019 No. 17-103

A bylaw to provide tax exemption for land or improvements which qualify for a permissive exemption under section 224 of the Community Charter.

 

Recommendation: That Council adopt Bylaw No. 17-103.

 

Tax Exemption (Permissive) Bylaw, 2018-2019 No. 17-103

 

 

 

6.

Bylaws for Update and Consolidation of Building and Plumbing Bylaws

 

 

a.

Building and Plumbing Regulation Bylaw No. 17-113

A bylaw to regulate the construction, alteration, repair, and demolition of buildings and other structures by providing for a limited and interim spot-checking of health and safety aspects of the work and a permitting system for the purpose of keeping records.

 

Recommendation: That Council adopt Bylaw No. 17-113.

 

Building and Plumbing Regulation Bylaw No. 17-113

 

 

 

b.

Miscellaneous Bylaw Consequential Amendments Bylaw No. 17-112

A bylaw to update various bylaws as a consequence of the repeal of Building Bylaw No. 93-111, the Plumbing Bylaw No. 04-067, and the Plumbing Permit Fees Bylaw No. 88-024, and the adoption of the new Building and Plumbing Regulation Bylaw No. 17-113.

 

Recommendation: That council adopt Bylaw No. 17-112.

 

Miscellaneous Bylaw Consequential Amendments Bylaw No. 17-112

 

 

 

7.

Bylaw for Land Use Procedures Bylaw Amendments

 

 

a.

Land Use Procedures Bylaw, Amendment Bylaw (No. 6) No. 17-107

A bylaw to clarify the notification area for temporary use permits.

 

Recommendation: That Council adopt Bylaw No. 17-107.

 

Land Use Procedures Bylaw, Amendment Bylaw (No. 6) No. 17-107

 

 

K.

CORRESPONDENCE

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

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