Victoria City Council - 08 Feb 2018 - Agenda - Html

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AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, FEBRUARY 8, 2018, AT 6:30 P.M.

Council Chambers, City Hall, 1 Centennial Square

Located on the traditional territory of the Esquimalt and Songhees People

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

 

1.

Minutes from the daytime meeting held October 12, 2017

DRAFT_2017_10_12_Daytime

 

 

 

2.

Minutes from the daytime meeting held December 14, 2017

DRAFT_2017_12_14_Daytime

 

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Oona Jean: Request for Exception to Bylaw - 18(1) Animals on Private Property

 

 

2.

Addenda

Robert McConnell: Biketoria Public Consultation Withdrawn

 

 

3.

Douglas Curran: Street Character

 

 

4.

Bill Stewart: March 16, 2018 National Day of Solidarity for Survivors of Canada's Sixties Scoop

 

 

5.

Chris Zmuda: Victoria Bylaw Ignored by City Administration

 

 

6.

Zoe Minnaard: Call for Province-Wide Plastic Bag Regulations

 

D.

PROCLAMATIONS

 

 

1.

"Rare Disease Day" - February 28, 2018

 

Rare Disease Day

 

 

 

2.

Late Item: "International Development Week" - February 4 to 10, 2018

 

International Development Week

 

 

 

3.

Late Item: "Chamber of Commerce Week" - February 19 to 23, 2018

 

Chamber of Commerce Week

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Development Variance Permit Application No. 00200 for 2695 Capital Heights

 

Council is considering an application to vary the frontage improvement requirements within the Victoria Subdivision and Development Servicing Bylaw.

 

 

a.

Opportunity for Public Comment

Development Variance Permit No. 00200

The City of Victoria will be considering the issuance of a Development Variance Permit for the land known as 2695 Capital Heights for the purpose of varying certain requirements of the Victoria Subdivision and Development Servicing Bylaw, namely removing the requirement to construct frontage improvements such as a sidewalk.

 

Legal description of the land: Lot 12, Section 4, Victoria District, Plan 11117

 

1_DVP 00200_2695 Capital Heights_December 14- 2017 COTW Report

2_DVP 00200_2695 Capital Heights_Correspondence

 

 

 

 

Close of Opportunity for Public Comment - Consideration of Approval

 

 

b.

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

 

That Council authorize the issuance of Development Variance Permit Application No. 00200 for 2695 Capital Heights, in accordance with:

  1. Plans date stamped October 30, 2017.
  2. Development meeting all Victoria Subdivision and Development Servicing Bylaw requirements, except for the following variances:
    1. remove the requirement to construct frontage improvements as described within the Victoria Subdivision and Development Servicing Bylaw.
  3. Provision of a $36,000 security equivalent to the costs of installing frontage

improvements. The $36,000 would be applied to frontage improvements, following public consultation completed within one year of the date of this resolution, on an alternate design.

  1. References to a split rail fence removed from the submitted plans.
  2. The Development Permit lapsing two years from the date of this resolution.

 

 

c.

Addenda

Late Item: Following the conclusion of the Opportunity for Public Comment for Development Variance Permit Application No. 00200, approval of the motion from the October 12, 2017 Public Hearing for Rezoning and Development Permit Application No. 00564 for 2695 Capital Heights can occur:

 

  1. That the following bylaw be given third reading:
    1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1116) No. 17-095
  2. That Council authorize the issuance of a Development Variance Permit Application for 2695 Capital Heights, in accordance with:
    1. Plans date stamped June 9, 2017.
    2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
      1. reduce the rear setback from 7.50m to 1.01m.
    3. The Development Permit lapsing two years from the date of this resolution.
  3. That Council authorize the issuance of a Development Permit Application for 2695 Capital Heights, in accordance with:
    1. Plans date stamped June 9, 2017.
    2. Development meeting all Zoning Regulation Bylaw requirements.
    3. The Development Permit lapsing two years from the date of this resolution.

 

/document/134346/Victoria City Council - 12 Oct 2017 - Agenda - Html.docx

 

1_October 12, 2017 Council Minutes

2_Zoning Regulation Bylaw, Amendment Bylaw (No. 1116) No. 17-095

 

 

 

d.

Addenda

Late Item:

 

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

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1116) No. 17-095

 

2.

Development Permit with Variances Application No. 00064 for 785 Caledonia Avenue

 

Council is considering an application to allow the enclosure of a patio and minor changes to the exterior in the approved mixed-use building.

 

 

a.

Opportunity for Public Comment

Development Permit with Variances No. 00064

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 785 Caledonia Avenue, in Development Permit Area 2 (HC), for purposes of allowing an already constructed patio enclosure along with the resulting minor changes to the exterior of the previously approved mixed-use building.

 

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

         reduce the required side yard setback from 4.50m to 0m.

 

Legal description of the land:

Lot B of Lots 723, 724, 725 and 726, Victoria City, Plan EPP66100

 

1_DPV 00064_785 Caledonia Avenue_January 25, 2018 Council Report

2_DPV 00064_785 Caledonia Avenue_January 11, 2018 COTW Report

 

 

 

 

Close of Opportunity for Public Comment - Consideration of Approval

 

 

b.

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 Variance Application No. 00064 for 785 Caledonia Avenue in accordance with:

  1. Plans date stamped November 23, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except reducing the sideyard setback from 4.5 metres to 0.
  3. Registration of the lot line adjustment at the Land Title and Survey Authority Office to the satisfaction of staff.
  4. The Development Permit with Variance lapsing two years from the date of this resolution.

 

3.

Rezoning, Development Permit, and Development Variance Permit Application No. 00538 for 335 Moss Street

 

Council is considering an application to subdivide the existing lot allowing for a small lot within a new single family dwelling.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00538

To rezone a portion of the land known as 335 Moss Street from the R1-B Zone, Single Family Dwelling District to the R1-S2 Zone, Restricted Small Lot (Two Storey) District, to permit the land being used for a single family dwelling.

 

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

 

Legal description: Amended Lot 15 (DD 79076-I), Fairfield Farm Estate, Victoria City, Plan 1456

 

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

 

Late Item: Correspondence

 

1_Rezoning, DP, & DVP 00538_335 Moss Street_November 23, 2017 Council Report

2_Rezoning & DP 00538_335 Moss Street_July 6, 2017 COTW Report

3_Rezoning, DP, & DVP 00538_335 Moss Street_Correspondence

4_LATE_Rezoning, DP, & DVP 00538_335 Moss Street_Correspondence

 

 

 

b.

Development Permit No. 00538

The Council of the City of Victoria will also consider issuing a Development Permit for a portion of the land known as 335 Moss Street, in Development Permit Area 15A: Intensive Residential Small Lot for the purposes of establishment of objectives for the form and character of intensive residential development.

 

 

c.

Development Variance Permit No. 00538

The City of Victoria will be considering the issuance of a Development Variance Permit for a portion of the land known as 335 Moss Street for the purpose of varying certain requirements of the Zoning Regulation Bylaw for the existing dwelling zoned R1-B Zone, Single Family Dwelling District, namely:

         reduce the minimum required south side yard setback from 3.00m to 1.30m

         reduce the minimum required combined side yard setback from 4.5 m to 3.1m.

 

 

 

Close of Public 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. 1124) No. 17-111

Zoning Regulation Bylaw, Amendment Bylaw (No. 1124) No. 17-111

 

 

 

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. 1124) No. 17-111

 

 

f.

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

 

That Council authorize the issuance of a Development Permit for the subdivided portion of 335 Moss Street, in accordance with:

  1. Plans date stamped September 25, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements.
  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 for the existing house at 335 Moss Street, in accordance with:

  1. Plans date stamped September 25, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. reduce the minimum required side yard setback from 3.00m to 1.30m
    2. reduce the minimum required combined side yard setback from 4.5m to 3.1m.
  3. That prior to the issuance of the Development Variance Permit, the City receive confirmation that a car share agreement between the applicant and MODO has been established for three memberships, to the satisfaction of the Director of Sustainable Planning and Community Development.
  4. The Development Variance Permit lapsing two years from the date of this resolution.

 

4.

Rezoning and Development Permit with Variances Application No. 00578 for 1410 Myrtle Avenue

 

Council is considering an application to subdivide an existing lot into two new small lots, while retaining the existing single family dwelling, and constructing a new single family dwelling.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00578

To rezone the land known as 1410 Myrtle Avenue, from the R1-B Single Family Dwelling District, to the R1-S2 Zone, Restricted Small Lot (Two Storey) District, to permit subdividing the existing lot into two small lots while retaining the existing single family dwelling and constructing a new single family dwelling.

 

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

 

Legal description: Lot 1, Block 3, Section 29-30, Victoria District, Plan 302A

 

Existing Zone: R1-B Single Family Dwelling District

 

Late Item: Correspondence

 

1_Rezoning 00578_1410 Myrtle Avenue_December 14, 2017 COTW Report

2_Rezoning 00578_1410 Myrtle Avenue_Correspondence

3_LATE_Rezoning 00578_1410 Myrtle Avenue_Correspondence

 

 

 

b.

Development Permit with Variances No. 00578

The Council of the City of Victoria will also consider issuing a Development Permit with Variances for the land known as 1410 Myrtle Avenue, in Development Permit Area 15A: Intensive Residential Small Lot for the purposes of establishment of objectives for the form and character of intensive residential development. Variances to the R1-S2 Zone, Restricted Small Lot (Two Storey) District, are required as follows:

 

         reduce the front yard setback for the new house from 6.00m to 3.14m

         reduce the rear yard setback for the existing house from 6.00m to 2.40m.

 

DPV 00578_1410 Myrtle Avenue_December 14- 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. 1137) No. 18-011

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1137) No. 18-011

 

 

 

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. 1137) No. 18-011

 

 

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 No. 00578 for 1410 Myrtle Avenue, in accordance with:

  1. Plans date stamped October 16, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, R1-S2 Zone, Restricted Small Lot (Two Storey District) except for the following variances:
    1. reduce the front yard setback for Lot A (new house) from 6.00m to 3.14m;
    2. reduce the rear yard setback for Lot B (existing house) from 6.00m to 2.40m.
  3. The Development Permit lapsing two years from the date of this resolution.

 

5.

Amendment to the R1-G Zone, Gonzales Single Family Dwelling District

 

Council is considering an amendment to Zoning Regulation Bylaw, to correct and clarify the R1-G Zone, Gonzales Single Family Dwelling District, relating to building setbacks from the waterfront.

 

 

a.

Addenda

Public Hearing

Zoning Regulation Bylaw, Amendment Bylaw (No. 1142) No. 18-026

To amend the R1-G Zone, Gonzales Single Family Dwelling District to update building siting regulations applicable to waterfront lots to clarify that no building or portion of a building on a waterfront lot may be located further than 36.5m from the front property line.

 

This amendment bylaw will affect properties currently zoned R1-G Zone, Gonzales Single Family Dwelling District. To check how a particular property will be affected, please contact the Zoning Department at 250-361-0316 or zoning@victoria.ca.

 

Late Item: Correspondence

 

1_Amendment to the R1-G Zone_January 25, 2018 Council Report

2_LATE_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. 1142) No. 18-026

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1142) No. 18-026

 

 

 

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. 1142) No. 18-026

 

 

F.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Brandon Rounds: Five Star Medicinal to Address Council

 

 

2.

Addenda

Late Item: Aleksandar Milojevic: World Accordion and Tango Festival, November 10-17, 2018

 

G.

UNFINISHED BUSINESS

 

 

1.

Letter from the City of Colwood

A letter dated January 23, 2018 regarding the Capital Regional District's Draft Bylaw 4093, on Regional Transportation Service.

 

Letter from the City of Colwood

 

 

 

2.

Rise and Report from Closed Meeting for Information

 

From the January 11, 2018 Closed Council Meeting:

That Council appoint Tzu-I Chung to the Greater Victoria Public Library for a 2-year term from January 1, 2018 to December 31, 2019.

That Council appoint Sandra Sarsfield to the Victoria Family Court and Youth Justice Committee for a 1-year term from January 1, 2018 to December 31, 2018.

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

 

a.

Report from the February 1, 2018 COTW Meeting

2018_02_01_COTW_Report

 

 

 

b.

Addenda

Report from the February 8, 2018 COTW Meeting

 

Late Item: Report

2018_02_08_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

 

1.

Bylaws for Rezoning Application No. 00516 for 1120 - 1128 Burdett Avenue

A report recommending that Council:

  1. Rescind second reading of Bylaw No. 17-047;
  2. Amend Schedule 1 of Bylaw No. 17-047; and
  3. Give second reading to Bylaw No. 17-047, as amended.

1_Bylaw Introduction Report_Bylaw No. 17-047 & 17-048

2_November 9, 2017 COTW Report

 

 

 

a.

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

A bylaw to rezone the land known as 1120, 1124, and 1128 Burdett Avenue to the R3-AM-4, Mid-Rise Multiple Dwelling Burdett District.

 

Recommendation: That Council rescind second reading of Bylaw No. 17-047, amend Schedule 1 of Bylaw No. 17-047, and give second reading to Bylaw No. 17-047, as amended.

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

 

 

 

b.

Housing Agreement (1120, 1124, and 1128 Burdett Avenue) Bylaw (2017) No. 17-048

A bylaw to authorize an agreement for rental housing for the lands known as 1120, 1124, and 1128 Burdett Avenue.

 

Recommendation: That Council rescind third reading of Bylaw No. 17-048, amend Schedule A of Bylaw No. 17-048, and give third reading to Bylaw No. 17-048, as amended.

 

Housing Agreement (1120, 1124, and 1128 Burdett Avenue) Bylaw (2017) No. 17-048

 

 

 

2.

Bylaw for Heritage Designation Application No. 000168 for 1120 Faithful Street

A report recommending first and second readings of Bylaw No. 18-023.

Bylaw Introduction Report_Bylaw No 18-023

 

 

 

a.

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

A bylaw to designate the exterior of the house (built in 1912) located on the southernmost portion of the property at 1120 Faithful Street to be protected heritage property.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-023.

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

 

 

 

3.

Bylaw for Heritage Designation Application No. 000169 for 35 San Jose Avenue

A report recommending first and second readings of Bylaw No. 18-024.

 

Bylaw Introduction Report_Bylaw No 18-024

 

 

 

a.

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

A bylaw to designate the exterior of the building located at 35 San Jose Avenue to be protected heritage property.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-024.

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

 

 

 

4.

Bylaw for Rezoning Application No. 00597 for 737 Belton Avenue and 1137 Dominion Road

A report recommending first and second readings of Bylaw No. 18-030.

Bylaw Introduction Report_Bylaw No. 18-030

 

 

 

a.

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

A bylaw to rezone a portion of the land known as 737 Belton Avenue and 1137 Dominion Road to the R1-SC Zone, Restricted Small Lot (Commercial) District, and to rezone the remaining portion of the land to the R1-S2 Zone, Restricted Small Lot (Two Storey) District.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-030.

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

 

 

 

5.

Bylaw for Rezoning Application No. 00583 for 3110 Doncaster Drive

A report recommending first and second readings of Bylaw No. 18-009.

Bylaw Introduction Report_Bylaw No. 18-009

 

 

 

a.

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

A bylaw to rezone the land known as 3110 Doncaster Drive to the R1-S2 Zone, Restricted Small Lot (Two Storey) District.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-009.

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

 

 

K.

CORRESPONDENCE

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

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