A.

APPROVAL OF AGENDA

B.

READING OF MINUTES

1.

Minutes from the evening meeting held November 9, 2017

DRAFT_2017_11_09_Evening

2.

Addenda

Late Item: Minutes from the evening meeting held November 23, 2017

DRAFT_2017_11_23_Evening

C.

REQUESTS TO ADDRESS COUNCIL

1.

Paul Nursey: Short-Term Vacation Rentals

2.

Robyn Thomas: Stigma-Free Zone Mental Health Awareness Event

3.

Alex Robb: Temporary Use Permit for Cannabis Retail

4.

Chris Zmuda: City Management Negligence

5.

Addenda

Late Item:Susanne Rautio: Public Engagement in Fairfield/Gonzales Plan

6.

Addenda

Late Item: Christopher Schmidt: Public Input & Engagement

D.

PROCLAMATIONS

1.

"Victoria Co-op Day" - March 10, 2018

Victoria Co-Op Day

2.

"Tibet Day" - March 10, 2018

Tibet Day

E.

PUBLIC AND STATUTORY HEARINGS

1.

Heritage Designation Application No. 000168 for 1120 Faithful Street

Council is considering an application to designate the exterior of the house as protected heritage property.

a.

Public Hearing

Heritage Designation Application No. 00168

Under the provisions of the Local Government Act, the City of Victoria intends to designate the exterior of the house (built in 1912) located on the southernmost portion of the property at 1120 Faithful Street, legally described as Lots 5 and 6, Fairfield Farm Estate, Victoria City, Plan 1095, as protected heritage property, under Heritage Designation (1120 Faithful Street) Bylaw No. 18-023.

HD 000168_1120 Faithful Street_October 5, 2017 COTW Report

Close of Public 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. Heritage Designation (1120 Faithful Street) Bylaw No. 18-023

Heritage Designation (1120 Faithful Street) Bylaw No. 18-023

c.

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

1. Heritage Designation (1120 Faithful Street) Bylaw No. 18-023

2.

Heritage Designation Application No. 000169 for 35 San Jose Avenue

Council is considering an application to designate the exterior of the building as protected heritage property.

a.

Public Hearing

Heritage Designation Application No. 000169

Under the provisions of the Local Government Act, the City of Victoria intends to designate the exterior of the building located at 35 San Jose Avenue, legally described as Lot 39, Section 24, Beckley Farm, Victoria City, Plan 247, as protected heritage property, under Heritage Designation (35 San Jose Avenue) Bylaw No. 18-024.

HD 000169_35 San Jose Avenue_November 9, 2017 COTW Report

Close of Public 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. Heritage Designation (35 San Jose Avenue) Bylaw No. 18-024

Heritage Designation (35 San Jose Avenue) Bylaw No. 18-024

b.

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

1. Heritage Designation (35 San Jose Avenue) Bylaw No. 18-024

3.

Rezoning Application No. 00516 and Development Permit with Variances Application No. 000462 for 1120-1128 Burdett Avenue

Council is considering an application to construct a 4-storey, 44 multi-residential building.

a.

Addenda

Public Hearing

Rezoning Application No. 00516

To rezone the land known as 1120 Burdett Avenue, 1124 Burdett Avenue and the westerly portion of 1128 Burdett Avenue from the R1-B Zone, Single Family Dwelling District and the easterly portion of 1128 Burdett Avenue from the R3-AM1, Mid-Rise Multiple Dwelling District to the R3-AM- 4, Mid-Rise Multiple Dwelling Burdett District, to permit increased density for multiple dwelling use.

New Zone: R3-AM-4, Mid Rise Multiple Dwelling Burdett District

Legal description: Lot 11 Fairfield Farm Estate Victoria City Plan 392

Parcel B (DD 177944I) of Lot 12, Fairfield Farm Estate, Victoria City

Parcel A (DD 81442I) of Lots 12 and 13 Fairfield Farm Estate, Victoria City

Existing Zone: R1-B, Single Family Dwelling District

R3-AM-1, Mid-Rise Multiple Dwelling District

Late Item: Correspondence

1_Rezoning 00516_1120-1128 Burdett Avenue_February 8, 2018 Council Report

2_Rezoning 00516 & DPV 000462_1120-1128 Burdett Avenue_November 9, 2017 COTW Report

3_Rezoning 00516 & DPV 000462_1120-1128 Burdett Avenue_May 25, 2017 Council Report

4_Rezoning 00516_1120-1128 Burdett Avenue_February 16, 2017 COTW Report

5_Rezoning 00516_1120-1128 Burdett Avenue_CALUC Correspondence

6_Rezoning 00516 1120-1128 Burdett Avenue_Correspondence

7_LATE_Rezoning 00516 1120-1128 Burdett Avenue_Correspondence

8_LATE_Rezoning 00516_1120-1128 Burdett Avenue_Rockland Neighbourhood Association Correspondence

9_LATE LATE_Rezoning 00516_1120-1128 Burdett Avenue_Correspondence

10_LATE LATE LATE_Rezoning 00516_1120-1128 Burdett Avenue_Correspondence

b.

Development Permit with Variances Application No. 000462

The Council of the City of Victoria will also consider issuing a Development Permit with Variances Application for the land known as 1120, 1124 and 1128 Burdett Avenue, in Development Permit Area 16 (General Form and Character) for the purposes of approving the exterior design and finishes for the multi-residential building as well as landscaping.

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

         increase the height from 12m to 13.53m

         increase the site coverage from 40% to 51.42%

         reduce the open site space from 50% to 46.58%

         reduce the minimum required front yard setback from 10.5m to 5.11m for the building

         reduce the east side yard setback from 6.77m to 3.75m for the building, and 2.82m for the parkade stairs

         reduce the west side yard setback from 6.77m to 4.22m for the building face, 2.22m for the balconies, and nil for the parkade

         reduce the required residential parking from 1.2 spaces per dwelling unit to 0.8 spaces per dwelling unit.

DPV 000462_1120-1128 Burdett Avenue_February 16, 2017 COTW Report

Close of Public 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. 1100) No. 17-047

Zoning Regulation Bylaw, Amendment Bylaw (No. 1100) No. 17-047

d.

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. 1100) No. 17-047
2. Housing Agreement (1120, 1124, and 1128 Burdett Avenue) Bylaw No. 17-048

Housing Agreement (1120, 1124, and 1128 Burdett Avenue) Bylaw No. 17-048

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. 000462 for 1120, 1124 and 1128 Burdett Avenue, in accordance with:

1. Plans date stamped August 11, 2017.
2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
   1. increase the height from 12m to 13.53m (previously 13.55m)
   2. increase the site coverage from 40% to 51.42% (previously 57.06%)
   3. reduce the open site space from 50% to 46.58% (previously 42.16%)
   4. reduce the minimum required front yard setback from 10.5m to 5.11m for the building (previously 4.51m)
   5. reduce the east side yard setback from 6.77m to 3.75m for the building, and 2.82m for the parkade stairs
   6. reduce the west side yard setback from 6.77m to 4.22m for the building face, 2.22m for the balconies, and nil for the parkade
   7. reduce the required residential parking from 1.2 spaces per dwelling unit to 0.8 spaces per dwelling unit (previously 1.02 spaces per dwelling unit).
3. Final plans to be generally in accordance with the plans identified above to the satisfaction of City staff.
4. That Council authorize the City Solicitor 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 staff. 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.
5. The Development Permit lapsing two years from the date of this resolution.”

4.

Rezoning and Development Permit with Variances Application No. 00597 for 737 Belton Avenue and 1137 Dominion Road

Council is considering an application to subdivide the existing lot into two small lots, replace the existing house with a new single family dwelling, and convert the existing store to a single family dwelling.

a.

Addenda

Public Hearing

Rezoning Application No. 00597

To rezone the western portion of the land known as 737 Belton Avenue & 1137 Dominion Road, as shown on the attached map, from the R1-B Zone, Single Family Dwelling District, to R1-SC Zone, Restricted Small Lot (Commercial) District and to rezone the remaining eastern portion from the R1-B Zone, Single Family Dwelling District to the R1-S2 Zone, Restricted Small Lot (Two Storey) District, to permit the subdivision of one lot into two lots, the conversion of an existing building to a small lot house while retaining the commercial use on the western portion of the land, and the construction of a new small lot house on the eastern portion of the land.

New Zones: R1-SC Zone, Restricted Small Lot (Commercial) District and R1-S2 Zone, Restricted Small Lot (Two Storey) District

Legal description: Lot 10, Section 10, Esquimalt District, Plan 253

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

Late Item: Correspondence

1_Report_Rezoning 00597_737 Belton Avenue & 1137 Dominion Road_October 19, 2017 COTW Report

2_LATE_Rezoning 00597_737 Belton Avenue & 1137 Dominion Road_Correspondence

b.

Development Permit with Variances Application No. 00597

The Council of the City of Victoria will also consider issuing a development permit with variances for the land known as 737 Belton Avenue & 1137 Dominion Road for the purposes of reducing the flanking street setback from 2.4m to 0.0m, reducing the front yard setback from 6.0m to 4.24m, reducing the rear yard setback from 6.0m to 4.65m, reducing the east side setback from 2.4m to 2.15m, and approving the exterior design and finishes for the proposed small lot house as well as landscaping.

1_DPV 00597_737 Belton Avenue & 1137 Dominion Road_Update Report

2_DPV 00597_737 Belton Avenue & 1137 Dominion Road_October 19, 2017 COTW Report

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. 1126) No. 18-030

Zoning Regulation Bylaw, Amendment Bylaw (No. 1126) No. 18-030

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. 1126) No. 18-030

d.

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

That Council authorize the issuance of a Development Permit with Variances Application for 737 Belton Avenue and 1137 Dominion Road, in accordance with:

1. Plans date stamped January 18, 2018.
2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
   1. Lot A: reduce the flanking street setback from 2.40m to 0.0m;
   2. Lot B: reduce the front setback from 6.0m to 4.24m;
   3. Lot B: reduce the rear setback from 6.0m to 4.65m; and
   4. Lot B: reduce the east side setback from 2.4m to 2.15m.
3. The Development Permit lapsing two years from the date of this resolution.

5.

Rezoning, Development Permit with Variances, and Development Variance Permit Application No. 00583 for 3110 Doncaster Drive

Council is considering an application to subdivide the existing lot to two small lots, while retaining the existing house on one lot, and proposing a new house on the remainder lot.

a.

Public Hearing

Rezoning Application No. 00583

To rezone the land known as 3110 Doncaster Drive from the R1-B Zone, Single Family Dwelling District, to the R1-S2 Zone, Restricted Small Lot (Two Storey) District, to permit the construction of a new small lot house at the rear of the property.

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

Legal description: Lot 1, Section 29-30, Victoria District, Plan 7274

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

1_Rezoning 00583_3110 Doncaster Drive_December 7, 2017 COTW Report

2_LATE_Rezoning 00583_3110 Doncaster Drive_Correspondence

b.

Development Permit with Variances Application No. 00583

The Council of the City of Victoria will also consider issuing a development permit for the land known as 3110 Doncaster Drive, in Development Permit Area 15A: Intensive Residential – Small Lot for the purposes of approving the exterior design and finishes for the small lot house as well as landscaping.

Variances on the R1-S2 Zone, Restricted Small Lot (Two Storey) District are required as follows:

         reduce the front yard setback from 6.00m to 5.11m

         reduce the rear yard setback from 6.00m to 3.94m.

DPV & DVP 00583_3110 Doncaster Drive_December 7, 2017 COTW Report

c.

Development Variance Permit Application No. 00583

The Council of the City of Victoria will also consider issuing a development variance permit for the land known as 3110 Doncaster Drive for the purposes of reducing the front yard setback from 6.00m to 5.11m and reducing the rear yard setback from 6.00m to 3.94m for the proposed single family dwelling, as well as reducing the rear yard setback from 6.00m to 5.70m for the existing single family dwelling.

Close of Hearing - Consideration of Approval

d.

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. 1136) No. 18-009

Zoning Regulation Bylaw, Amendment Bylaw (No. 1136) No. 18-009

e.

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. 1136) No. 18-009

f.

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

That Council authorize the issuance of a Development Permit with Variances Application for the west portion of 3110 Doncaster Drive, in accordance with:

1. Plans date stamped October 5, 2017.
2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
   1. reduce the front setback from 6.00m to 5.11m reduce the rear setback from 6.00m to 3.94m.
3. The Development Permit lapsing two years from the date of this resolution.

g.

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

That Council authorize the issuance of a Development Variance Permit Application for the east portion of 3110 Doncaster Drive, in accordance with:

1. Plans date stamped October 5, 2017.
2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
   1. reduce the rear setback from 6.00m to 5.70m.
3. The Development Permit lapsing two years from the date of this resolution.

F.

REQUESTS TO ADDRESS COUNCIL

1.

Addenda

Late Item: Jordan Reichert: Proposed Changes to the Animal Control Bylaw

2.

Addenda

Late Item: David Langlois: Short Term Rental Bylaw

3.

Addenda

Late Item: Beverly Booth: Short Term Rental Proposal

4.

Addenda

Late Item: Rachelle Keeley: Short Term Rental Proposal

5.

Addenda

Late Item: Kevin Kirkland: Short Term Rental (STR) Proposed Regulation

G.

UNFINISHED BUSINESS

1.

Addenda

Late Item: Update Report for Rezoning Application No. 00557 for 2616-2626 Douglas Street

A report providing an updated recommendation for Council's consideration with the change to the recommendation noted in bold.

Recommendation: That Council instruct staff to prepare the necessary Zoning Regulation Bylaw Amendment that would authorize the proposed development outlined in Rezoning Application No. 00557 for 2616- 2626 Douglas Street, that first and second reading of the Zoning Regulation Bylaw Amendment be considered by Council and a Public Hearing date be set, with final approval only considered upon receipt of: (1) proof of registration of an executed Statutory Right-of-Way (SRW) of 1.17m off the rear laneway at the Land Titles Survey Authority; and, (2) registration of a license of occupation for the encroachment of the existing building on the public right-of-way.

Update Report_REZ 00557_2616-2626 Douglas Street

2.

Letter from the Corporation of the Township of Spallumcheen

A letter dated January 23, 2018, in which the City was carbon-copied, regarding the need for cannabis sales revenue sharing within the province of BC with local governments.

Letter from the Corporation of the Township of Spallumcheen

3.

Letter from the Minister of Transportation and Infrastructure

A letter of response dated January 25, 2018, regarding the City's support for the Capital Regional District's (CRD's) proposed Regional Transportation Authority.

Letter from the Minister of Transportation and Infrastructure

4.

Letter from the Minister of Transportation and Infrastructure

A letter of response dated January 25, 2018, regarding a request that the provincial government consider changing the Motor Vehicle Act to allow the use of personal mobility devices in protected bike lanes.

Letter from the Minister of Transportation and Infrastructure

5.

Letter from the District of Metchosin

A letter dated January 26, 2018, in which the City of Victoria was carbon-copied, regarding the Draft CRD Bylaw 4093 on Regional Transportation Service.

Letter from the District of Metchosin

6.

Letter from the Minister of Social Development and Poverty Reduction

A letter of response dated February 6, 2018 regarding the City's support for the creation of a 'British Columbians with Disabiilities Act'.

Letter from the Minister of Social Development and Poverty Reduction

7.

Rise and Report from Closed Meeting for Information

a.

From the closed meeting of December 7, 2017:

1. That Council appoint Stefan Schulson to the Advisory Design Panel (ADP) for the remainder of an 18-month term ending December 31, 2018.
2. Rescind the appointment of Patty Graham

b.

From the closed meeting of December 7, 2017:

That Council authorize the Mayor and City Clerk to execute a lease with Budget Rent-A-Car of Victoria LTD (Incorporation No. BC0660710) for premises at 724 Douglas Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing January 01, 2018 which terms will reflect a base rent of $16,827.50 per annum for the first two (2) years rising to $17,589.50 for the remaining three (3) years, with an option to renew for an additional five (5) years, subject to the publication of the statutory notices required by the Community Charter.

c.

From the closed meeting of December 14, 2017:

That Council authorize the Mayor and City Clerk to execute a lease amending agreement with the Trustees of the Religious Society of Friends for bare land at 1827 Fern Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing December 30, 2017 which terms will reflects the payment of $5,580.00 per annum, with two (2) options to renew for an additional five (5) years, subject to the publication of the statutory notices required by the Community Charter.

H.

REPORTS OF COMMITTEES

1.

Committee of the Whole

a.

Report from the February 15, 2018 COTW Meeting

2018_02_15_COTW_Report

b.

Addenda

Report from the February 22, 2018 COTW Meeting

Late Item: COTW Report and report providing an updated motion for item #6.

1_2018_02_22_COTW_Report

2_Motion Update Report_Tax Incentive Program Application 00029_816 Government Street and 811-813 Wharf Street

I.

NOTICE OF MOTIONS

J.

BYLAWS

1.

Bylaw for Business Licence Changes

A report recommending first, second, and third readings of Bylaw No. 18-034.

Business Licence Bylaw No 18-034_Introduction Report

a.

Business Licence Bylaw, Amendment Bylaw (No. 32) No. 18-034

A bylaw to amend the provisions of the Business Licence Bylaw to remove the mandatory requirement that all liquor primary and liquor primary clubs enter into good neighbour agreements.

Recommendation: That Council give first, second, and third readings of Bylaw No. 18-034.

Business Licence Bylaw, Amendment Bylaw (No. 32) No. 18-034

2.

Addenda

Bylaw for Gonzales Neighbourhood Plan

A report recommending that Council rescind second reading of Bylaw No. 18-003, amend Bylaw No. 18-003 and Exhibit 4, and then give second reading to Bylaw No. 18-003, as amended.

Late Item: Report

Official Community Plan Bylaw No. 18-003_Introduction Report

a.

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 21) No. 18-003

A bylaw to amend the Official Community Plan to make changes to Urban Place Designations in order to implement the future land use, urban form, and character directions identified in the Gonzales Neighbourhood Plan.

Recommendation: That Council consider the following in relation to the proposed bylaw for the Gonzales Neighbourhood Plan:

1. Rescind second reading of Official Community Plan Amendment Bylaw No. 18-003;
2. Amend Official Community Plan Amendment Bylaw No. 18-003 and Exhibit 4 of said bylaw;
3. Give second reading to Official Community Plan Amendment Bylaw No. 18-003 as amended;
4. That Council consider the Official Community Plan Amendment Bylaw in conjunction with the City of Victoria 2017-2021 Financial Plan, the Capital Regional District Liquid Waste Management Plan, and the Capital Regional District Solid Waste Management Plan, pursuant to Section 477(3)(a) of the Local Government Act, and deem those Plans to be consistent with the proposed Official Community Plan Amendment Bylaw;
5. That Council consider approval of the Gonzales Neighbourhood Plan, 2018, at the same Council meeting at which the above bylaw is considered, and allow public comment; and
6. That upon approval of the Gonzales Neighbourhood Plan, 2018, that Council rescind the Gonzales Plan, 2002.

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 21) No. 18-003

3.

Addenda

Bylaw for Zoning Amendments to Schedule D - Short Term Rental Home Occupations

A report recommending first and second readings of Bylaw No. 18-035.

Late Item: A report recommending an amendment to Bylaw No. 18-035, prior to second reading.

1_Zoning Regulation Bylaw No. 18-035_Introduction Report

2_LATE_Zoning Regulation Bylaw No. 18-035_Additional Motion Report

a.

Addenda

Zoning Regulation Bylaw, Amendment Bylaw (No. 1147) No. 18-035

A bylaw to amend the Zoning Regulation Bylaw by updating the home occupation provisions of Schedule D to allow short term rentals in principal residences.

Amended Recommendation:

1. That Council give first reading to Bylaw No. 18-035;
2. That Council amend Zoning Regulation Bylaw, Amendment Bylaw (No. 1147) No. 18-035, by inserting the following as the new section 2(3): “Bylaw No. 80-159, the Zoning Regulation Bylaw, is further amended in section 17(4)(b)(ii) of the General Regulations by deleting the words ‘as if it were transient accommodation’.”; and
3. That Council give second reading to Bylaw No. 18-035.

Zoning Regulation Bylaw, Amendment Bylaw (No.1147) No. 18-035

4.

Addenda

LATE ITEM: Bylaw for Short Term Rental Regulation Bylaw

a.

Addenda

Late Item: Short-Term Rental Regulation Bylaw No. 18-036

A bylaw to provide for the regulation of short-term rentals, including vacation rentals, in operator's principal residences where permitted under Zoning Regulation Bylaw No. 80-159.

Recommendation: That Council give first, second, and third readings to Bylaw No. 18-036.

Short-Term Rental Regulation Bylaw No. 18-036

K.

CORRESPONDENCE

L.

NEW BUSINESS

M.

QUESTION PERIOD

N.

ADJOURNMENT