Victoria City Council - 11 May 2017 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, MAY 11, 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 provided by the Victoria Conservatory of Music,

with Clara Sui on violin, accompanied by Forte Zhang on piano.

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

 

1.

Minutes from the daytime meeting held March 16, 2017

DRAFT_2017_03_16_Daytime

 

 

 

2.

Minutes from the daytime meeting held April 13, 2017

DRAFT_2017_04_13_Daytime

 

 

 

3.

Minutes from the daytime meeting held April 20, 2017

DRAFT_2017_04_20_Daytime

 

 

 

4.

Minutes from the daytime meeting held April 27, 2017

DRAFT_2017_04_27_Daytime

 

 

 

5.

Minutes from the evening meeting held April 27, 2017

DRAFT_2017_04_27_Evening

 

 

 

6.

Addenda

Late Item: Minutes from the daytime meeting held May 4, 2017

 

DRAFT_2017_05_04_Daytime

 

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Gertie Jocksch: Earth Charter Initiative

Gertie Jocksch_Presentation

 

 

 

2.

Jimmy Miller: "Skatespot" and Skatepark Advocacy

 

 

3.

Tara Skobel: All Wheels Park in Topaz Park

 

 

4.

Addenda

Carla Hyslop: Skateboarding as a (Mentally) Health Activity

 

Late Item: Presentation

 

LATE_Carla Hyslop_Presentation

 

 

 

5.

Jason Heit: Handicap Parking

 

 

6.

David MacDonald: Homelessnesss Mythtakes Part II

 

D.

PROCLAMATIONS

 

 

1.

"Intergeneration Day Canada" - June 1, 2017

Intergeneration Day Canada

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Development Permit with Variances Application No. 00025 for 848, 852-856 Yates Street and 845 & 849 Johnson Street

 

Council is considering an application for a Development Permit with Variances, for a 21-storey (two tower) mixed-use building.

 

 

a.

Addenda

Hearing

Development Permit with Variances No. 00025

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 848 and 852-856 Yates Street and 845 and 849 Johnson Street, in Development Permit Area 2 (HC) Core Business, for the purpose of approving the exterior design and finishes for the mixed-use building as well as landscaping.

 

The Development Permit will vary the following requirements of the Zoning Regulation Bylaw:

         Section 3.67.5(2) - increase the building height from 30m to 59.7m; and

         Section 3.67.5(2) - increase the number of storeys from 10 storeys to 21 storeys.

 

Legal description of the land:

Lot 374, Victoria City; Lot 375, Victoria City; Lot 380, Victoria City; and Lot 381, Victoria City.

 

Late Item: Correspondence

 

1_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_May 11, 2017 Council Update Report

2_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_April 6, 2017 COTW Report

3_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_Correspondence

4_LATE_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_Correspondence

5_LATE LATE_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_Correspondence

6_LATE LATE LATE_DPV 00025_848 & 852-856 Yates Street and 845 & 849 Johnson Street_Correspondence

 

 

 

  

Close of Hearing - Consideration of Approval

 

 

b.

Development Permit Approval: To approve the development permit with variances, the following motion is in order:

 

That Council authorize the issuance of Development Permit Application No. 00025 for 848 and 852-856 Yates Street and 845 and 849 Johnson Street in accordance with:

 

  1. Plans date stamped April 27, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. Section 3.67.5(2) - increase the building height from 30m to 59.7m;
    2. Section 3.67.5(2) - increase the number of storeys from 10 storeys to 21 storeys;
  3. Preparation and registration of the following documents, signed and executed by the applicant, to the satisfaction of the Director of Planning and Sustainable Development:
    1. Section 219 covenant to ensure the security gates on the through block walkway remain open to the public between 7 a.m. and 10 p.m. in the form satisfactory to the City Solicitor;
    2. Statutory Right-of-Way of a minimum of 1.22m along the western property line to allow for the expansion of the through-block walkway to the satisfaction of the Director of Planning;
    3. Housing Agreement to ensure that future strata bylaws cannot restrict the age of occupants or prohibit strata owners from renting residential strata units.
  4. Receipt of evidence that the application is in compliance with the Ministry of Environment's Environmental Management Act as it pertains to potentially contaminated sites;
  5. That Council authorize the Mayor and City Clerk to execute an Encroachment Agreement for a fee of $750, plus $25 per m2 of exposed shored face during construction in a form satisfactory to the Director of Engineering and Public Works. This is to accommodate shoring for construction of the underground parking structure if the method of construction involves anchor pinning into the public Right-of-Way;
  6. Final plans to be generally in accordance with the plans identified above to the satisfaction of the Director of Planning and Sustainable Development;
  7. The Development Permit lapsing two years from the date of this resolution unless the permit holder substantially starts construction.

 

2.

Development Permit with Variance Application No. 00039 for 710 Belton Street

 

Council is considering a development permit with variance application to permit construction of a new garden suite.

 

 

a.

Hearing

Development Permit with Variance No. 00039

The Council of the City of Victoria will consider issuing a Development Permit with Variance for the land known as 710 Belton Avenue, in Development Permit Area 15E: Intensive Residential – Garden Suites, for purposes of approving a garden suite and an associated variance with respect to the separation space between a garden suite and single family dwelling.

 

The Development Permit will vary the following requirement of the Zoning Regulation Bylaw, Schedule M – Garden Suites:

 

         reduce the separation space between the garden suite and a single family dwelling from 2.40m to 2.10m.

 

Legal description of the land:

The Northerly 75 Feet of Lot 4, Section 10, Esquimalt District, Plan 286

 

1_DPV 00543_710 Belton Avenue_May 11, 2017 Council Update Report

2_DPV 00543_710 Belton Avenue_April 13, 2017 COTW Report

 

 

 

 

Close of Hearing - Consideration of Approval

 

 

b.

Development Permit with Variance Approval: To approve the development variance permit, the following motion is in order:

 

That Council authorize the issuance of Development Permit Application No. 00039 for 710 Belton Avenue in accordance with:

  1. Plans date stamped February 28, 2017.
  1. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. Part 1.108, Section 1.108.4(d): reduce the separation space between a garden suite and a single-family dwelling from 2.40m to 2.10m.
  2. The Development Permit lapsing two years from the date of this resolution.

 

3.

Rezoning and Development Permit with Variances Application No. 00499 for 722 Pine Street and 968 Walker Street

 

Council is considering a rezoning application to subdivide the two existing properties to create three small lots.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00499

To rezone the lands known as 968 Walker Street and 722 Pine Street from the R1-B Zone, Single Family Dwelling District, to the R1-S2 Zone, Restricted Small Lot (Two Storey) Dwelling District, to permit a three-lot subdivision.

 

New Zone: R1-S2 Zone, Restricted Small Lot (Two Storey) Dwelling District

 

Legal description:

968 Walker Street, legally described as Lot 1, Sections 10 and 32, Esquimalt District, Plan 26788

722 Pine Street, legally described as Lot 3, Section 10, Esquimalt District, Plan 26788

 

Existing Zone: R1-B Zone, Single Family Dwelling District

 

Late Item: Correspondence

1_Rezoning 00499_968 Walker & 722 Pine Street_March 16, 2017 COTW Report

2_Rezoning 00499_968 Walker & 722 Pine Street_Correspondence

3_LATE_Rezoning 00499_968 Walker & 722 Pine Street_Correspondence

 

 

 

b.

Development Permit with Variance Application No. 00499

The Council of the City of Victoria will also consider issuing a development permit for the lands known as 968 Walker Street and 722 Pine Street, in Development Permit Area 15A: Intensive Residential – Small Lot, for the purposes of approving the exterior design and finishes for the new small lot house as well as landscaping and associated variances with respect to setbacks.

 

The Development Permit will vary the following requirements of the Zoning Regulation Bylaw, R1-S2 Zone, Restricted Small Lot (Two Storey) Dwelling District:

 

Lot 1 (968 Walker Street)

         Part 1.23(8)(a): reduce the front yard setback from 6.00m to 5.59m;

 

Lot 2 (722 Pine Street)

         Part 1.23(8)(b): reduce the rear yard setback from 6.00m to 5.38m for building only and 4.18m to allow a deck;

         Part 1.23(8)(c): reduce the side yard setback from 2.40m (for habitable windows) to 1.52m;

 

Lot 3 (Proposed New Small Lot)

         Part 1.23(8)(a): reduce the front yard setback from 6.00m to 3.44m to allow a roof overhang above the front entryway only and 3.60m to building;

 

DPV 00499_968 Walker & 722 Pine Street_March 16, 2017 COTW Report

 

 

 

 

Close of Hearing - Consideration of Approval

 

 

c.

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. 1090) No. 17-028

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1090) No. 17-028

 

 

 

d.

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. 1090) No. 17-028

 

 

e.

Development Permit Approval: To approve the development permit with variance, the following motion is in order:

 

That Council authorize the issuance of Development Permit Application No. 00499 for 968 Walker Street and 722 Pine Street, in accordance with:

  1. Plans date stamped February 27, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:

 

Lot 1 (Existing Dwelling Unit)

  1. Part 1.23(8)(a): reduce the front yard setback from 6.00m to 5.59

 

Lot 2 (Existing Dwelling Unit

ii. Part 1.23(8)(b): reduce the rear yard setback from 6.00m to 5.38m for building only and 4.18m to allow a deck;

iii. Part 1.23(8)(c): reduce the side yard setback from 2.40m (for habitable windows) to 1.52m

 

Lot 3

iv. Part 1.23(8)(a): reduce the front yard setback from 6.00m to 3.44m to allow a roof overhang above the front entryway only and 3.60m to building;

 

3. The Development Permit lapsing two years from the date of this resolution.

 

4.

Rezoning Application No. 00513 and Development Permit No. 000460 for 701 Belleville Street

 

Council is considering a rezoning and development permit application proposing the construction of a 15-storey, mixed-use building.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00513

The purpose of this Bylaw is to rezone the land known as 701 Belleville Street from the T-1 Zone, Limited Transient Accommodation District, to the CA-80 Zone, Central Area (Belleville) District, to permit seniors housing for independent and assisted living uses, increase building height (from 21.5m to 45.0m), increase density (from a floor space ratio of 1.2:1 to 4:1) and reduce required setbacks.

 

New Zone: C-80 Zone, Central Area (Belleville) District

 

Legal description: Lot 30, District Lot 1269, Victoria City, Plan 760

Lot 31, District Lot 1269, Victoria City, Plan 760

Lot 32, District Lots 576 and 1269, Victoria City, Plan 760

Lot 33, District Lots 576 and 1269, Victoria City, Plan 760

Lot 34, District Lot 1269, Victoria City, Plan 760

Lot 35, District Lot 1269, Victoria City, Plan 760

 

Existing Zone: T-1 Zone, Limited Transient Accommodation District

 

Late Item: Correspondence

 

1_Rezoning 00513 & DP 000460_701 Belleville Street_April 27, 2017 Council Update Report

2_Rezoning 000513_701 Belleville Street_Correspondence

3_LATE_Rezoning 000513_701 Belleville Street_Correspondence

4_LATE LATE_Rezoning 000513_701 Belleville Street_Correspondence

5_LATE LATE LATE_Rezoning 000513_701 Belleville Street_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. 1095) No. 17-034

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1095) No. 17-034

 

 

 

c.

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

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1095) No. 17-034
  2. Housing Agreement (701 Belleville Street) Bylaw No. 17-035

 

Housing Agreement (701 Belleville Street) Bylaw No. 17-035

 

 

 

d.

Development Permit Approval: To approve the development permit with variances, the following motion is in order:

 

That Council authorize the issuance of Development Permit Application No. 000460 for 701 Belleville Street, subject to a Statutory Right-of-Way being registered on the title of the property to the satisfaction of the Director of Engineering and Public Works, in accordance with:

  1. Plans date stamped March 24, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements.
  3. The Development Permit lapsing two years from the date of this resolution.

 

F.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Eric Ney: The Impacts to Affordability, Availability, and Livability of Short Term Vacation Rentals

 

 

2.

Starr McMichael: Impacts of Short-Term Vacation Rentals on Tourism and Communities in Victoria

 

LATE_Starr McMichael_Attachment

 

 

 

3.

Diane Chimich: Short Term Vacation Rentals

 

 

4.

Kimberley Hughes: Short Term Rentals

 

 

5.

Reid James: Short Term Vacation Rentals in Victoria

 

 

6.

Chris Watson: Short Term Rentals

 

 

7.

Yvonne Mendel: Build a Bike Park at Topaz Park

 

 

8.

Jenny Farkas: Cannabis Rezoning Approval Process

 

 

9.

Addenda

Late Item: Johanna Merth: Short Term Vacation Rentals

 

 

10.

Addenda

Late Item: Daryl West: Short Term Vacation Rentals

 

 

11.

Addenda

Late Item: Nancy Sherwood: For the Common Good: True Rentals Not Short-Term Vacation Rentals for Victoria

 

 

12.

Addenda

Late Item: Jackie Ellwood: Short-Term Vacation Rentals

 

 

G.

UNFINISHED BUSINESS

 

 

1.

Addenda

Late Item: 149 Montreal Street - Update Report

--T. Zworski, City Solicitor

 

A report advising that final registration of the restrictive covenant could not be completed in time for final adoption during this May 11, 2017 Council meeting. Staff are recommending that Council postpone final adoption of Bylaw No. 17-015 until confirmation of registration has been received.

 

149 Montreal Street_Update Report

 

 

2.

Rise and Report from Closed Meeting for Information

 

 

a.

From the February 23, 2017 Closed Council Meeting:

  1. That Council authorizes the Mayor and City Clerk to execute a lease extension agreement, in a form satisfactory to the City Clerk, for premises at 1240 Yates Street with the Provincial Rental Housing Corporation for a period of two months commencing April 1, 2017, subject to the publication of the statutory notices required by the Community Charter.
  2. That Council rise and report should Recommendation #1 be approved.

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

 

a.

Report from the May 4, 2017 COTW Meeting

2017_05_04_COTW_Report

 

 

 

b.

Addenda

Report from the May 11, 2017 COTW Meeting

 

Late Item: COTW Report

2017_05_11_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

1.

First Readings

 

 

a.

Bylaws for Rezoning Application for 986, 988, and 990 Heywood Avenue

A report recommending first readings of Bylaws No. 17-041, No. 17-042, and No. 17-043.

Bylaw Introduction Report_986, 988, & 990 Heywood Avenue

 

 

 

i.

Official Community Plan Bylaw, Amendment Bylaw (No. 18) No. 17-043

A bylaw to change the urban place designation for the rear portion of 986 Heywood Avenue.

 

Recommendation: First and Second Readings of Bylaw No. 17-043.

Official Community Plan Bylaw, Amendment Bylaw (No. 18) No. 17-043

 

 

 

ii.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1096) No. 17-041

A bylaw to rezone the land known as 986, 988, 990 Heywood Avenue.

 

Recommendation: First and Second Readings of Bylaw No. 17-041.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1096) No. 17-041

 

 

 

iii.

Housing Agreement (986, 988, and 990 Heywood Avenue) Bylaw No. 17-042

A bylaw to authorize an agreement for rental housing for the lands known as 986, 988, and 990 Heywood Avenue.

 

Recommendation: First, Second, and Third Readings of Bylaw No. 17-042.

Housing Agreement (986, 988, and 990 Heywood Avenue) Bylaw No. 17-042

 

 

2.

Adoption

 

 

a.

Tax Exemption Bylaw for 533-537 Fisgard Street and 534 Pandora Avenue

 

Tax Exemption (533-537 Fisgard Street and 534 Pandora Avenue) Bylaw No. 17-027

A bylaw to assist in the preservation and rehabilitation of the heritage building, including seismic upgrading and residential use, by exemption them from municipal taxes for 10 years.

Tax Exemption (533-537 Fisgard Street and 534 Pandora Avenue) Bylaw No. 17-027

 

 

 

b.

Addenda

Development Cost Charges Bylaw

 

Development Cost Charges Bylaw No. 17-020

A bylaw to repeal and replace Bylaw No. 06-065, and provide funds to assist the City to pay capital costs.

 

Late Item: Letter from the Office of the Deputy Inspector of Municipalities providing statutory approval of Bylaw No. 17-020.

Development Cost Charges Bylaw No. 17-020

LATE_Letter from the Office of the Deputy Inspector of Municipalities

 

 

K.

CORRESPONDENCE

 

 

1.

Letter from the Capital Regional District

A letter dated April 24, 2017 seeking input on a motion regarding the Foreign Purchaser Property Transfer Tax.

Letter from the Capital Regional District

 

 

 

2.

Letter from Generation Squeeze

A letter dated April 20, 2017 expressing the organization's support for asking the province to apply the Foreign Buyers' Tax to Victoria and the Capital Regional District.

Letter from Generation Squeeze

 

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

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