Victoria City Council - 14 Jul 2016 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF JULY 14, 2016, AT 6:30 P.M.

Council Chambers, City Hall, 1 Centennial Square

Located on the traditional territory of the Esquimalt and Songhees People

 

Poetry Reading by Youth Poet Laureate, Ann-Bernice Thomas

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

1.

Minutes from the Special meeting held May 26, 2016

Draft_2016_5_26_Special

 

 

C.

REQUESTS TO ADDRESS COUNCIL (Maximum 6)

 

1.

Dr. Al Anderson: Casinos - The very real downside

 

 

2.

Crin Roth: Cook St./Oliphant Ave. development proposal

 

 

3.

Sid Tafler: Cook Street Village

 

 

4.

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Late Item:Greg Balicki: Concerns re: development at Cook and OliphantWithdrew

 

 

5.

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Late Item:Anne Russo: Rezoning Application No. 00472 for Oliphant Avenue at Cook Street

 

 

6.

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Late Item: Noreen Begoray: Dallas Road off leash fence proposal

 

 

D.

PROCLAMATIONS

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Rezoning Application No. 00435 for 1310 Gladstone Avenue

 

Council is considering a rezoning application to permit a three-storey, mixed-use building consisting of commercial uses at street level and commercial or residential uses on the upper storey.

 

a.

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Public Hearing

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 18) No. 16-002:

To include all of the land known as 1310 Gladstone Avenue in the Small Urban Village Urban Place Designation.

 

Late Item: Additional Correspondence & Petition

1_OCP Amendment Bylaw, Rezoning 00435, DP 00354_1310 Gladstone Avenue_Report for Public Hearing

2_Rezoning 00435_1310 Gladstone Avenue_Agreement_Statutory Right of Way

3_Rezoning 00435_1310 Gladstone Avenue_Agreement_Easement-Covenant

4_Rezoning 00435_1310 Gladstone Avenue_Agreement_Modo Cooperative

5_Rezoning 00435_1310 Gladstone Avenue_Correspondence

6_LATE_Rezoning 00435_1310 Gladstone Avenue_Correspondence

7_LATE_Rezoning 00435_1310 Gladstone Avenue_Petition

8_LATE LATE_Rezoning 00435_1310 Gladstone Avenue_Correspondence

 

 

b.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1048) No. 16-001:

To rezone the land known as 1310 Gladstone Avenue from the R1-B Zone, Single Family Dwelling District, to the CR-6 Zone, Commercial Residential Fernwood Village District, to permit a three-storey, mixed-use building consisting of commercial uses at street level and commercial or residential uses on the upper storey.

 

New Zone:               CR-6 Zone, Commercial Residential Fernwood Village District

 

Legal description:     The West ½ of Lot 7, Section 75, Victoria District, Plan 277

 

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

 

 

c.

Development Permit Application:

The Council of the City of Victoria will also consider issuing a development permit for the land known as 1310 Gladstone Avenue, in Development Permit Area and Heritage Conservation Area 6B Small Urban Village Heritage, DPA 6B(HC) for the purposes of approving the exterior design and finishes for the mixed-use building as well as landscaping.

 

 

 

 

 

 

 

 

Close of Hearing - Consideration of Approval

 

 

 

 

 

 

 

d.

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

1. Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 18) No. 16-002

2. Zoning Regulation Bylaw, Amendment Bylaw (No. 1048) No. 16-001

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 18) No. 16-002

Zoning Regulation Bylaw, Amendment Bylaw (No. 1048) No. 16-001

 

 

e.

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

1. Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 18) No. 16-002

2. Zoning Regulation Bylaw, Amendment Bylaw (No. 1048) No. 16-001

3. Housing Agreement (1310 Gladstone Avenue) Bylaw No. 16-003

Housing Agreement (1310 Gladstone Avenue) Bylaw No. 16-003

 

 

f.

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. 00354 for 1310 Gladstone Avenue, in accordance with:

  1. Final registration of the priority agreement for an easement through the driveway of the property located at 2009 Fernwood Road.
  2. Plans date stamped October 20, 2015.
  3. Final plans to be in accordance with the plans identified above to the satisfaction of City staff.
  4. The Development Permit lapsing two years from the date of this resolution.

 

 

 

2.

Rezoning Application No. 00506 for 406 and 408 Wilson Street

 

Council is considering a rezoning application to permit a duplex.

 

a.

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Public Hearing

Zoning Regulation Bylaw, Amendment Bylaw (No. 1069) No. 16-056:

To rezone the land known as 406 and 408 Wilson Street from the R-2, Two Family Dwelling District, to the  R2-53, Wilson Attached Dwelling, to permit a duplex.

 

New Zone:               R2-53, Wilson Attached Dwelling

 

Legal description:     The South ½ of Lot 93, Block J, Section 31, Esquimalt District

 

Existing Zone:          R-2 Zone, Two Family Dwelling District

 

Late Item: Correspondence & Presentation

1_Rezoning 00506_406 & 408 Wilson Street

2_LATE_Rezoning 00506_406 & 408 Wilson Street_Correspondence

3_LATE_Rezoning 00506_406 & 408 Wilson Street_Applicant's Presentation

4_LATE LATE_Rezoning 00506_406 & 408 Wilson Street_Correspondence

 

 

b.

Development Permit with Variances Application:

The Council of the City of Victoria will also consider issuing a development permit for the land known as 406 and 408 Wilson Street, in Development Permit Area 15D: Intensive Residential- Duplex for the purposes of approving the exterior design and finishes for the duplex as well as landscaping, and associated variances with respect to setbacks of the new duplex.

 

A new report has been provided regarding the minimal changes to the west and north elevations, in order to meet building code requirements for unprotected openings (windows).

1_DPwV 00506_406 & 408 Wilson Street

2_DPwV 00506_406 & 408 Wilson Street_Changes to West and North Elevations

 

 

 

 

 

 

 

  

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. 1069) No. 16-056

Zoning Regulation Bylaw, Amendment Bylaw (No. 1069) No. 16-056

 

 

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. 1069) No. 16-056

 

 

e.

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

 

That Council authorize the issuance of Development Permit with Variances Application No. 00506 for 406 and 408 Wilson Street in accordance with:

  1. Plans date stamped July 8, 2016
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. reduce the rear yard setback from 10.70m to 9.45m
    2. reduce the side (east) yard setback from 3.50m to 2.45m
  3. The Development Permit lapsing two years from the date of this resolution.

 

 

3.

Rezoning Application No. 00507 for 155 Linden Avenue

 

Council is considering a rezoning application to permit a garden suite.

 

a.

Public Hearing

Zoning Regulation Bylaw, Amendment Bylaw (No. 1068) No. 16-052:

To rezone the land known as 155 Linden Avenue from the R1-B Zone, Single Family Dwelling District to the R1-B-GS Zone, Single Family Dwelling with Garden Suite District, to permit a garden suite.

 

New Zone:               R1-B-GS Zone, Single Family Dwelling with Garden Suite District

 

Legal description:     Lot 26, Fairfield Farm Estate, Victoria City, Plan 958

 

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

1_Rezoning 00507_155 Linden Avenue

2_Rezoning 00507_155 Linden Avenue_Correspondence

 

 

b.

Development Permit Application:

The Council of the City of Victoria will also consider issuing a development permit for the land known as 155 Linden Avenue, in Development Permit Area 15E: Intensive Residential – Garden Suites for the purposes of approving the exterior design and finishes for the garden suite as well as landscaping.

DP  00507_155 Linden Avenue

 

 

 

 

 

 

 

 

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. 1068) No. 16-052

Zoning Regulation Bylaw, Amendment Bylaw (No. 1068) No. 16-052

 

 

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. 1068) No. 16-052

 

 

e.

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. 00507 for 155 Linden Avenue, in accordance with:

  1. Plans date stamped April 15, 2016.
  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.

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Late Item: Richard Matte: Dallas Road pathway fence

 

 

G.

UNFINISHED BUSINESS

 

1.

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Rise and Report from Closed Meeting for Information

--From the Closed Special Council Meeting held July 7, 2016: Appointments

 

Appointments to the Social Enterprise and Social Procurement Task Force

 

Motion:

That Council appoint Stuart Bowness, Christina Clarke, Andrea Di Lucca Bustard, Carol Hall, Vanessa Hammond, Lee Herrin, Andrew Holeton, Katie Hooper, Dave Howe, Solomon Lindsay, Rasool Rayani, and Kristi Rivait to the Mayor’s Task Force on Social Enterprise and Social Procurement, for its duration September through December, 2016.

y

Late Item:  Biography of W. Townsend

 

A report from the July 7, 2016 Special Closed Council meeting providing information on the nominees for the Mayor's Task Force on Social Enterprise and Social Procurement as well as a copy of the Terms of Reference from the April 5, 2016 Committee of the Whole meeting.

 

1_Nominees for Mayor's Task Force on Social Enterprise_Report from July 7, 2016 Special Closed Council

2_LATE ITEM_Nominees for Mayor's Task Force on Social Enterprise_ W. Townsend

3_Appendix A_Terms of Reference_COTW April 5, 2016

 

 

1. a.

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Late Item: Due to an inadvertent oversight, W. Townsend requires Council approval to be appointed to the Social Enterprise and Social Procurement Task Force.

 

Motion:

That Council appoint Wendy Townsend to the Mayor’s Task Force on Social Enterprise and Social Procurement, for its duration September through December, 2016.

 

 

2.

Letter dated May 3, 2016 from the Minister of Canadian Heritage

A letter of response to the City's letter dated November 18, 2015, congratulating the minister appointment and providing documentation on the City Council's goals and initiatives.

1_Letter from the Minister of Canadian Heritage

 

 

3.

Letter dated May 12, 2016 from Premier Christy Clark

A letter of response to the City's letter on establishing a basic income guarantee for Canadians.

1_Letter from Premier Christy Clark

 

 

4.

Letter dated May 25, 2016 from the Office of the Mayor of the Municipality of Jasper

A letter of response to the City's letter dated January 14, 2016, regarding the FCM resolution concerning a Federal Bill of Environmental Rights, which the Municipality of Jasper has supported.

1_Letter from the Office of the Mayor of the Municipality of Jasper

 

 

5.

Letter dated May 30, 2016 from the Ministry of Health

A letter of response to the City's letter dated April 27, 2016, regarding the City's support for a national conversation on a Basic Income Guarantee for all Canadians.

1_Letter from the Ministery of Health

 

 

6.

Letter dated June 6, 2016 from the Minister of Environment

A letter in response to the City's letter dated May 3, 2016 regarding the creation of a British Columbia Natural Lands Acquisition Fund.

1_Letter from the Minister of Environment

 

 

7.

Letter dated June 13, 2016 from the Minister of Environment and Climate Change

A letter of response to the City's letter dated February 10, 2016, regarding the designation of the Union Club of British Columbia as a national historic site.

1_Letter from the Minister of the Environment

 

 

8.

Letter dated June 16, 2016 from the President of Union of BC Municipalities

A letter regarding the City's 2015 resolution on Proposed Site C Hydroelectric Dam and the provincial response.

1_Letter from the President of Union of BC Municipalities

 

 

9.

Letter dated June 17, 2016 from the Minister of Health

A letter of response to the City's February 29, 2016 letter regarding the plan to establish supervised consumption services.

1_Letter from the Minister of Health

2_Attachment_Application Form for Exemption for Medical Purposes

 

 

10.

Letter dated June 17, 2016 from the President of Union of BC Municipalities

A letter regarding the City's community sponsored resolution on the Environmental Bill of Rights and the provincial response.

1_Letter from the President of Union of BC Municipalities

 

 

11.

Letter dated June 21, 2016 from the Minister of Technology, Innovation and Citizens' Services

A letter of response to the City's letter dated May 18, 2016, regarding concern over the condition of two houses located at 506 and 514 Government Street.

1_Letter from the Minister of Technology, Innovation and Citizens' Services

 

 

12.

Letter dated June 21, 2016 from the Director of Parliamentary Affairs

A letter of response to the City's June 8, 2016, regarding the Council's gratitude for the expansion of the Homelessness Partnering Strategy in Victoria and for the increase in funding to address Aboriginal homelessness.

1_Letter from the Director of Parliamentary Affairs

 

 

13.

Letter dated June 29, 2016 from the City Clerk for the City of Vancouver

A letter advising that the Vancouver City Council has endorsed the UBCM Housing Affordability resolution from the City of Victoria.

1_Letter from the City Clerk for the City of Vancouver

 

 

14.

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Late Item:

Letter dated July 8, 2016 from British Columbia Lottery Corporation

 

A letter advising that the City of Victoria has been selected as the preferred host local government for a potential new gaming facility.

BCLC_Update on EOI Process

 

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

a.

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Report from July 7, 2016 COTW Meeting

 

b.  Late Item: A report regarding Heritage Designation Application No. 000160 for 564-572 Fisgard Street and 1706-1708 Government Street, providing a revised motion for Council's consideration.

 

c.  Late Item: A report regarding Heritage Designation Application No. 000159 for 539-545½ Fisgard Street and 16-20 Fan Tan Alley, providing a revised motion for Council's consideration.

a_2016_7_7_COTW_Reports

b_Heritage Designation Report re 564-572 Fisgard & 1706-1708 Government

c_Heritage Designation Report re 539-545 Fisgard & 16-20 Fan Tan Alley

 

 

d.

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Report from July 14, 2016 COTW Meeting

 Late Item: Report

 

e.  Late Item: A letter dated July 13, 2016 from M.L.A. Andrew Weaver regarding the implementation of a "vacancy tax", as it relates to item #12 within the July 14, 2016 COTW meeting report, "Taxation of Vacant Residential Properties".

d_2016_7_14_COTW_Report

e_Letter dated July 13, 2016 from MLA Andrew Weaver

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

1.

First Reading

 

a.

Cyril Close Local Area Service Bylaw, 2016 No. 16-045

Cyril Close Local Area Service Bylaw, 2016 No. 16-045

 

 

2.

Second Reading

 

a.

Cyril Close Local Area Service Bylaw, 2016 No. 16-045

 

 

3.

Third Reading

 

a.

Cyril Close Local Area Service Bylaw, 2016 No. 16-045

 

 

K.

CORRESPONDENCE

 

1.

Letter dated June 14, 2016 from the District 3 Director of United Steelworkers

A letter requesting Council's consideration of the perspective of forest workers, when discussing the end to old growth logging.

1_Letter from the District 3 Director of United Steelworkers

 

 

2.

Letter dated June 24, 2016 from the Mayor of New Westminster

A letter requesting Council's support of a resolution submitted to UBCM regarding tenant evictions through renovations.

1_Letter from the Mayor of New Westminister

 

 

3.

Letter received June 28, 2016 from Gordon Pollard

A letter suggesting that the Victoria City Council officially proclaim Saturday, November 19, 2016, as Mifflin Wistar Gibbs Day in Victoria, to honour that in 1866 Mr. Gibbs was the first black politician to get elected to any public office in Canada.

1_Letter from Gordon Pollard

 

 

L.

NEW BUSINESS

 

1.

To set a Hearing for the Meeting of July 28, 2016

 

  

1. Development Permit with Variances No. 00003 for 944 Heywood Avenue

 

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

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