Council - January 14, 2016

Victoria City Council - 14 Jan 2016 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF JANUARY 14, 2016, AT 7:00 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.	POETRY READING

1.	Poet Laureate, Yvonne Blomer

MINUTES

1.	Minutes from the Regular Meeting held December 10, 2015 2015_12_10

2.	Minutes from the Special Meeting held December 18, 2015 2015_12_18_Special

D.	PROCLAMATIONS

1.	"BC Aware 2016: Be Secure, Be Aware Days" - January 25 to February 5, 2016 1_BC Aware 2016

E.	COMBINED DEVELOPMENT APPLICATIONS

1.	1070 Joan Crescent Council is considering a Rezoning Application to allow a cultural facility, commercial exhibits, public buildings, retail sales and restaurant in association with the cultural facility.

Public Hearing

A. Zoning Regulation Bylaw, Amendment Bylaw, (No. 1057) No. 15-090

The purpose of this bylaw is to rezone the land known as 1070 Joan Crescent from the R1-A Zone, Rockland Single Family Dwelling, to the CCVC Zone, Craigdarroch Castle Visitor Centre District, to allow a cultural facility, commercial exhibits, public buildings, retail sales and restaurant in association with the cultural facility to permit the use of the property for a visitor centre, with regulations specific to the property.

Late Item: Presentation

1_Rezoning_HAP_DP_1070 Joan Crescent_November 26 Report

2_Rezoning 00468_1070 Joan Crescent_May 14 Report

3_Rezoning 00468_1070 Joan Crescent_Correspondence

4_LATE ITEM_Rezoning_HAP_DP_1070 Joan Crescent_Presentation

B. Heritage Alteration Permit Application and Development Permit

The City of Victoria will also consider the issuance of a Heritage Alteration Permit and Development Permit for the property with civic address 1070 Joan Crescent for the purposes of approving changes to the existing building, allowing an addition to the existing building and allowing the relocation of a free-standing structure on this property.

1_HAP 00195_1070 Joan Crescent_May 14 Report

3.	Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1057) No. 15-090 15-090_1070 Joan Cres

4.	Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1057) No. 15-090

Heritage Alteration Permit Approval: To approve the heritage alteration permit application, the following motion is in order:

That Council authorize the issuance of the Heritage Alteration Permit (HAP) Application No. 00195 for 1070 Joan Crescent, in accordance with:

1. Revised drawings date stamped May 11, 2015.

2. Development meeting all Zoning Regulation Bylaw requirements.

3. Final plans to be generally in accordance with the plans identified above to the satisfaction of the Assistant Director, Community Planning Division.

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

That Council authorize the issuance of Development Permit No. 000448 for 1070 Joan Crescent, in accordance with:

1. Revised drawings date stamped May 11, 2015.

2. Development meeting all Zoning Regulation Bylaw requirements.

3. Final plans to be generally in accordance with the plans identified above as amended to the satisfaction of staff.

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

2.	863 / 865 Villance Street Council is considering a rezoning application to permit strata titling of the existing non-confirming duplex

Public Hearing

A. Zoning Regulation Bylaw, Amendment Bylaw (No. 1058) No. 15-094

To rezone the land known as 863 and 865 Villance Street from the R1-B Zone, Single Family Dwelling District to the R-2 Zone, Two Family Dwelling District, to permit an existing duplex to be strata titled.

1_Rezoning 00495_863 & 865 Villance Street

B. Development Permit with Variances Application

The Council of the City of Victoria will also consider issuing a development permit with variances for the land known as 863 and 865 Villance Street, in Development Permit Area 15D: Intensive Residential - Duplex for the purposes of approving the exterior design and finishes for the duplex, and to vary the following requirements of the Zoning Regulation Bylaw for the existing duplex:

• Reduce the front yard (east) setback from 7.5m to 1.58m

• Reduce the rear yard (west) setback from 10.7m to 2.89m.

1_DPwV 00495_863 & 865 Villance Street

3.	Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1058) No. 15-094 15-094_863 and 865 Villance

4.	Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1058) No. 15-094

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. 00495 for 863 and 885 Villance Street, in accordance with:

1. Plans date stamped October 20, 2015.

2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:

a. Part 2.1.5(a): Reduce the front yard setback from 7.5m to 1.58m.

b. Part 2.1.5(b): Reduce the rear yard setback from 10.7m to 2.89m.

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

F.	ZONING REGULATION BYLAW AMENDMENT APPLICATION Zoning Regulation Bylaw, Amendment Bylaw Council is to consider a Zoning Regulation Bylaw to amend the R1-A Zone, Rockland Single Family Dwelling District, to better define regulations related to the site area.

Public Hearing

A. Zoning Regulation Bylaw, Amendment Bylaw (No. 1055) No. 15-084

To amend the Zoning Regulation Bylaw by amending the R1-A Zone, Rockland Single Family Dwelling District, to better define regulations related to the site area required for lots with attached and semi-attached dwelling units and the site area for house conversions upon subdivision.

Late Item: Correspondence

1_Rezoning_Bylaw Amendment No 1055

2_LATE ITEM_Rezoning_Bylaw Amendment No. 1055_Correspondence

2.	Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1055) No. 15-084 15-084 R1-A

3.	Bylaw Approval: To consider approval of the application, a motion to Adopt the bylaw is in order: Zoning Regulation Bylaw, Amendment Bylaw (No. 1055) No. 15-084

G.	DEVELOPMENT PERMIT APPLICATION WITH VARIANCES 941 - 943 Fort Street Council is considering a Development Permit with Variances application to change the exterior of the building and allow office use within the front 6m of the building.

Hearing - Development Permit with Variances Application No. 000447

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 941 to 943 Fort Street, in Development Permit Area 7B (HC) Corridors, for purposes of changes to the exterior of the building and allowing office use within the front 6m of the building.

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

• Part 6.55 1.(2) allowing office use to locate within 6m of the building street frontage;

• Schedule C Section 16.C.5 - reduction of 1 parking stall for the change of use from retail to office.

Late Item: Presentation

1_DPwV 000447_941-943 Fort Street

2_LATE ITEM_DPwV 000447 941-943 Fort Street_Presentation

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 with Variances No. 000447 for 941 to 943 Fort Street in accordance with:

1. Plans date stamped October 30, 2015.

2. Development meeting all Zoning Regulation Bylaw requirement, except for the following variances:

a. Part 6.55 1.(2): Allowing office use to locate within 6m of the building street frontage.

b. Schedule C Section 16.C.5: Reduction of 1 parking stall for the change of use from retail to office.

3. Registration of a Section 219 Covenant restricting office use on the ground floor to a maximum of three years, to the satisfaction of City staff.

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

H.	HEARINGS - REQUESTS TO ADDRESS COUNCIL

1.	Jan Rabson: New Concept in Tourism Jan Rabson

2.	Late Item: Kathleen Gilbert: Funding Cap for Vancouver Island South Film & Media Commission Kathleen Gilbert

3.	Late Item: Annie Wong-Harrison: Funding Cuts to Film Commission Annie Wong Harrison

4.	Late Item: Denis Oliver: Victoria City Council's Reduction of Funding of the Vancouver Island South Film and Media Commission Denis Oliver

5.	Late Item: Greg Balicki: Concerns re: Development at Cook and Oliphant Greg Balicki

6.	Late Item: Victoria Adams: Advocacy for Affordability & Security of Rental Housing Victoria Adams

7.	Late Item: Nicole Chaland: Market Affordable Housing at Risk in Cook Street Village Nicole Chaland

8.	Late Item: Jacinthe Tremblay: Cook/Oliphant Development and Parking Jacinthe Tremblay

9.	Late Item: Emmy Marshall-Hill: Cook/Oliphant Development and Sustainability Emmy Marshall-Hill

10.	Late Item: Wayne Shillington: Creating Equity Among all City of Victoria Neighbourhoods Wayne Shillington

11.	Late Item: Wayne Hollohan: Community Consultation, Local Area Plans & Cook Street Village Wayne Hollohan

12.	Late Item: Sid Tafler: Cook Street Village Sid Tafler

13.	Late Item: Crin Roth: Balanced Approach to Development Cook Street Village Petition

14.	Late Item: Cathy Bandar: Contaminated Soil dumped near Shawnigan Lake

15.	Late Item: Stephanie Collins: Contaminated Soil dumped near Shawnigan Lake

16.	Late Item: Shelagh Bell Irving: Contaminated Soil dumped near Shawnigan Lake

17.	Late Item: Sonia Furstenau: Contaminated Soil dumped near Shawnigan Lake

I.	UNFINISHED BUSINESS

1.	Application for a Liquor Primary Licence, Yuk Yuk's Victoria (Licenced to Laugh Productions Inc.), 665 Douglas Street (James Bay Neighbourhood) Late Item: Revised report to correct an error in the hours of service 1_Revised Report_LiquorLicence_Yuk Yuk's Victoria_655 Douglas Street

2.	Update on Development Permit with Variances No. 000377 for 613 Herald Street A report providing updated information on the application for Development Permit with Variances No. 000377 for 613 Herald Street. 1_DPwV 000377_613 Herald Street_Update

3.	Update on Development Permit with Variances Application No. 000426 for 951 Johnson Street A report providing updated information on the application for Development Permit with Variances No. 000426 for 951 Johnson Street. 1_DPwV 000426_951 Johnson Street_Update

Correspondence for Information

Late Item: Additional Correspondence

For consideration of a motion to receive

A. BCLC: Expression of Interest to Host a Gaming Facility

B. Ministry of Jobs, Tourism & Skills Training & Minister Responsible for Labour: The Harmful Impact of the Mishandling of Asbestos

C. Office of the Mayor, City of Hamilton: Regulating their City's Road Allowance

D. Ministry of Environment: World Class Spill Response Regime

E. Office of the Mayor, City of Hamilton: Regulating their City's Road Allowance

F. Office of the Mayor, District of Saanich, Thank-you for Matching Funding for Cottage Grove and Rosalie's Village

G. BCLC: Thank-you for Expression of Interest

1_BCLC Response_Expression of Interest for Gaming Facility

2_BC Ministry_Asbestos Letter

3_BC Ministry of Environment_Spill Response

4_City of Hamilton_Support in the Regulation of City's Road Allowance

5_LATE ITEM_City of Hamilton - City's Road Allowance - ltr

6_LATE ITEM_District of Saanich - Cottage Grove & Rosalie's Village Projects

7_LATE ITEM_BCLC_Expression of Interest

J.	REPORTS OF THE COMMITTEE

1.	Governance and Priorities Committee

1.	Late Item: Report from the January 7, 2016 Meeting 2016_1_7_GPC_Reports

2.	Planning and Land Use Committee

1.	LATE LATE ITEM: Report from the January 14, 2016 Meeting 2016_01_14_PLUC_Report

MOTIONS

To Set Public Hearings for the Council Meeting of January 28, 2016

1. Rezoning Application No. 00492 for 2972 Doncaster Road

2. Zoning Regulation Bylaw, Amendment Bylaw (No. 1050) No. 16-004

3. Development Variance Permit Application No. 00163 for 1066 and 1070 Finlayson Street

4. Liquor Licence Application, Royal Canadian Legion, 514 Government Street

BYLAWS

1.	First Reading

Temporary Borrowing Bylaw, 2016 No. 16-008

1. A report recommending the adoption of a temporary borrowing bylaw to allow the City to borrow money to meet cash flow demands before property taxes are collected in July.

2. Temporary Borrowing Bylaw, 2016, 16-008

1_Temporary Borrowing Bylaw 2016_Report

2_16-008 Temporary Borrowing Bylaw 2016

2.	Council Procedures Bylaw No. 16-011 1. A report outlining the changes to the bylaw Council approved at its meeting of December 18, 2015, recommending Council give three readings to the Council Procedures Bylaw 16-011. 1_Council Procedures Bylaw

Zoning Regulation Bylaw, Amendment Bylaw (No. 1050) 16-004

1. A report with updated information regarding the Zoning Regulation Bylaw Improvement Project - Phase 2 and the establishment of regulations for the alteration of topography in low-density residential zones, and to set a Public Hearing date.

2. A bylaw amending the Zoning Regulation Bylaw by adding definitions for outdoor feature, finished grade and natural grade; amending the definition of grade; and by amending various zones.

1_Rezoning_Bylaw Improvement Project_Phase 2

2_16-004 Zoning Bylaw Amendment

Zoning Regulation Bylaw, Amendment Bylaw (No. 1060) No. 16-007 for 2972 Doncaster Drive

1. A report recommending first and second reading of the bylaw for Rezoning Application No. 00492 for 2972 Doncaster Drive.

2. A bylaw amending the Zoning Regulation Bylaw to rezone the land known as 2972 Doncaster Drive from the R1-B Zone, to the R1-S2 Zone, to permit the subdivision of one lot into two new small lots.

1_Bylaw Amendment 1060_Zoning Doncaster

2_16-007_ 2972 Doncaster

5.	Late Item: Parks Regulation (Skateboarding) Amendment Bylaw, No. 16-012 1. A bylaw clarifying the rules surrounding the use of skateboards and other similar modes of transportation in parks. 16-012 Parks Regulation Amendment Bylaw - Skateboarding

Late Item: Streets and Traffic (Skateboarding) Amendment Bylaw, No. 16-013

1. A bylaw to remove the current prohibition against the use of skateboards and other similar modes of transportation on highways within the downtown core, to revoke the authority to impound skateboards and other similar modes of transportation being used in the downtown core, and to establish rules governing the use of skateboards and other similar modes of transportation on highways throughout the city.

16-013 Streets and Traffic Amendment Bylaw - Skateboarding

Late Item: Ticket Bylaw, Amendment Bylaw, No. 16-014

1. A bylaw to establish ticket fines for contravention of provisions in the Parks Regulation Bylaw and Streets and Traffic Bylaw that regulate the use of skateboards and other similar modes of transportation.

16-014 Ticket Bylaw Amendment Bylaw - Skateboarding

2.	Second Reading

1.	Temporary Borrowing Bylaw, 2016 No. 16-008

2.	Council Procedures Bylaw No. 16-011

3.	Zoning Regulation Bylaw, Amendment Bylaw (No. 1050) No. 16-004

4.	Zoning Regulation Bylaw, Amendment Bylaw (No. 1060) No. 16-007 for 2972 Doncaster Drive

5.	Late Item: Parks Regulation (Skateboarding) Amendment Bylaw, No. 16-012

6.	Late Item: Streets and Traffic (Skateboarding) Amendment Bylaw, No. 16-013

7.	Late Item: Ticket Bylaw, Amendment Bylaw, No. 16-014

3.	Third Reading

1.	Temporary Borrowing Bylaw, 2016 No. 16-008

2.	Council Procedures Bylaw No. 16-011

3.	Late Item: Parks Regulation (Skateboarding) Amendment Bylaw, 16-012

4.	Late Item: Streets and Traffic (Skateboarding) Amendment Bylaw, No. 16-013

5.	Late Item: Ticket Bylaw, Amendment Bylaw, No. 16-014

Adoption

Road Closure (Unconstructed Portion of Clawthorpe Avenue) Bylaw No. 15-085

LATE LATE ITEM: Report from the December 10, 2015 Council Meeting

15-085 Road Closure (Unconstructed Portion of Clawthorpe Avenue) Bylaw No. 15-085

LATE ITEM_Report from December 10, 2015 Council Meeting_Clawthorpe Avenue Road Closure Bylaw

2.	Housing Agreement Amendment (1035 Oliphant Avenue) Bylaw - 15-095 LATE LATE ITEM: Report from the December 10, 2015 Council Meeting 15-095 Housing Agreement Amendment (1035 Oliphant) Bylaw LATE ITEM_ Report from December 10, 2015 Council Meeting_Housing Agreement Bylaw

M.	QUESTION PERIOD

N.	NEW BUSINESS

1.	Motion - Advocacy for Affordability and Security of Rental Housing Late Item: Correspondence 1_Motion - Rental Housing 2_LATE ITEM_Motion-Rental-Housing_Correspondence

2.	Motion - Protection of Drinking Water in the Shawnigan Lake Watershed Late Item: Revised Motion LATE ITEM_REVISED_Motion- Shawnigan-Watershed

Motion - 2016 Funding for the Greater Victoria Film Commission

Late Item: Revised Motion and Vancouver Island South Film and Media Commission Budget Information

1_LATE ITEM_REVISED Motion_2016 Funding for the Greater Victoria Film Commission

2_LATE ITEM_2016 Funding for the Greater Victoria Film Commission_Budget Information

4.	Late Item: Motion: Funding for Security at "Victoria - a Sanctuary City" on Jan. 20th LATE ITEM_ Motion_funding for security

5.	LATE LATE ITEM: Attendance at Sacred Trust Ceremony LATE LATE ITEM_Sacred-Trust-Ceremony-Attendance

Correspondence for Information

Late Item: Additional Correspondence

LATE LATE ITEM: Correspondence from students re: crosswalk

For consideration of a motion to receive

A. Victoria Airport Authority (VAA): 2015 Report to Nominators

B. City of Burnaby: Anticipated Property Assessment Changes in 2016

C. UBCM: Gas Tax Agreement Community Works Fund Payment

D. Ministry of Children & Family Development: Provincial Office for the Early Years

E. BC Schizophrenia Society Victoria Branch to Honourable Peter Fassbender: Deferred Property Tax

F. Ministry of Community, Sport and Cultural Development and Minister Responsible for TransLink: Governance and Service Integration in the Capital Region

G. Murray Rankin, MP for Victoria: Repatriating a Sacred Lekwungen Site

H. Children's Drawing: Crosswalk

1_VAA 2015 Report to Nominators

2_City of Burnaby_Anticipated Property Asessment Changes 2016

3_UBCM_Gas Tax Agreement Community Works Fund Payment

4_LATE ITEM_Ministry of Children_Provincial Office of Early Years

5_LATE ITEM_Schizophrenia Society Letter_to Honourable Peter Fassbender

6_LATE ITEM_Ministry of Community_Governance and Service Integration

7_LATE ITEM_Murray Rankin_ Repatriating a Sacred Lekwungen Site

LATE LATE ITEM_Children's Drawings_Crosswalk

CLOSED MEETING

That Council convene a closed meeting that excludes the public under Section 12(6) of the Council Bylaw for the reason that the following agenda items deals with matters specified in Sections 12(3) and/or (4) of the Council Bylaw; namely:

Section 12(3)(a) Personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the City or another person appointed by the City.

Section 12(3)(e) The acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the City.

Section 12(3)(f)Law enforcement, if the Council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or bylaw;

Section 12(3)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Section 12(3)(k) Negotiations and related discussions respecting the proposed provision of a City service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public;.

Section 12(4)(b) The consideration of information received and held in confidence relating to negotiations between the City and a Provincial government or the Federal government or both, or between a Provincial government or the Federal government or both and a third party.

1.	ADOPTION OF THE CLOSED MINUTES

1.	Minutes from the Special Closed Meeting held December 10, 2015

2.	Minute from the Special Closed Meeting held December 18, 2015

2.	REPORTS OF THE COMMITTEE

1.	Report from the Closed GPC Meeting held January 7, 2016

2.	Late Item: Report from the Closed PLUC Meeting held January 14, 2016

P.	DECISION REQUEST

1.	Te'mexw Treaty Association Committee (Verbal) Deferred from the January 7, 2016 GPC Meeting

2.	CONSIDERATION TO RISE & REPORT

Q.	ADJOURNMENT

No Item Selected

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