Victoria City Council - 22 Mar 2018 - Agenda - Html

Cover Image

 

UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, MARCH 22, 2018, 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 Poet Laureate, Yvonne Blomer.

 

Council is committed to ensuring that all people who speak in this chamber are treated in a fair and respectful manner. No form of discrimination is acceptable or tolerated. This includes discrimination because of race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or economic status. This Council chamber is a place where all human rights are respected and where we all take responsibility to create a safe, inclusive environment for everyone to participate.

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

 

1.

Minutes from the evening meeting held January 11, 2018

 

DRAFT_2018_01_11_Evening

 

 

 

2.

Minutes from the evening meeting held January 25, 2018

 

DRAFT_2018_01_25_Evening

 

 

 

3.

Minutes from the evening meeting held February 8, 2018

 

DRAFT_2018_02_08_Evening

 

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Addenda

Dominique O'Neill: Mobile Bicycle Vending in Victoria BC Withdrawn

 

 

2.

Donna Friedlander: Changes to Vehicles for Hire Bylaw

 

 

3.

Stephanie Rathwell: Memorializing the Johnson Street Bridge

 

 

4.

David Mason: Seagull Nesting in Downtown Victoria

 

 

5.

Robert McConnell: Proposed Cook street cycle lanes and emergency vehicle response times

 

 

6.

Chris Zmuda: Negligent of City Administration

 

D.

PROCLAMATIONS

 

 

1.

"Parkinson's Awareness Month" - April 2018

 

Parkinson's Awareness Month

 

 

 

2.

"Barbershop Harmony Quartet Week" - April 8 to 14, 2018

 

Barbershop Harmony Quartet Week

 

 

 

3.

Addenda

Late Item: "Autism Awareness Day" - April 2, 2018

 

Autism Awareness Day

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Rezoning Application No. 00606 for 350 Sylvia Street

 

Council is considering an application to add a second plumbing fixture to an accessory building.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00606

To rezone the land known as 350 Sylvia Street from the R-2 Zone, Two Family Dwelling District, to the R1-45 Zone, Sylvia Street Conversion District, to permit a second plumbing fixture in an accessory building.

 

New Zone: R1-45 Zone, Sylvia Street Conversion District

 

Legal description: Lot 15, Beckley Farm, Victoria City, Plan 293, Except Part in Plan EPP59717

 

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

 

Late Item: Correspondence

1_Rezoning 00606_350 Sylvia Street_December 7, 2017

2_LATE_Rezoning 00606_350 Sylvia 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. 1135) No. 18-007

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1135) No. 18-007

 

 

 

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. 1135) No. 18-007

 

2.

Rezoning Application No. 00569 and Development Permit with Variances Application No. 00044 for 540 Discovery Street and 2000 & 2010 Government Street

 

Council is considering an application for a tasting room and relocation of liquor retail sales area.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00569

To amend the existing M-G-3 Zone, Government Light Industrial 3 District, by adding a brewpub as a permitted use in the zone.

 

Legal description: Lot 1 of Lots 514, 515, 516 and 517, Victoria City, Plan 22293

 

Existing Zone: M-G-3 Zone, Government Light Industrial 3 District

 

1_Rezoning 00569_540 Discovery Street and 2000 & 2010 Government Street_October 19, 2017 COTW Report

2_Rezoning 00569_540 Discovery Street and 2000 & 2010 Government Street_CALUC Correspondence

 

 

 

b.

Development Permit with Variances Application No. 00044

The Council of the City of Victoria will also consider issuing a development permit for the land known as 540 Discovery Street and 2000 and 2010 Government Street, in Development Permit Area 10B (HC): Rock Bay Heritage for the purposes of exterior changes and approving a sign.

 

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

 

         Part 7.45, Section 4(1): reduce the width of access at the street from 5m to 4.36m;

         Schedule C, Section C and D: reduce the required number of parking spaces from 45 to 5;

         Sign Bylaw No. 14-097, Part 4, Section 18(4): to allow the sign to project above and over the wall to which it is attached;

         Sign Bylaw No. 14-097 Part 4 Section 18(7): increase the width of a projecting sign at its base from 0.40m to 0.58m.

 

DPV 00044_540 Discovery Street and 2000 & 2010 Government Street_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. 1134) No. 18-016

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1134) No. 18-016

 

 

 

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. 1134) No. 18-016

 

 

d.

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 Application No. 00044 for 540 Discovery Street and 2000 & 2010 Government Street, in accordance with:

  1. Plans date stamped July 13, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the

following variances:

  1. Part 7.45, Section 4(1): reduce the width of access at the street from 5m to 4.36m;
  2. Schedule C, Section C and D: reduce the required number of parking spaces from 45 to 5;
  3. Sign Bylaw No. 14-097, Part 4, Section 18(4): to allow the sign to project above and over the wall to which it is attached;
  4. Sign Bylaw No. 14-097 Part 4 Section 18(7): increase the width of a projecting sign at its base from 0.40m to 0.58m;
  1. The Development Permit lapsing two years from the date of this resolution.
  2. Register a Section 219 Covenant on the property located at 513 Pembroke Street to secure this lot for employee parking from the brewery located at 540 Discovery and 2000/2010 Government Street.

 

3.

Rezoning Application No. 00608 and Development Permit Application No. 000523 for 323 Skinner Street

 

Council is considering an application for a childcare centre with the capacity for up to 32 children.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00608

To rezone the land known as 323 Skinner Street from the R1-B Zone, Single Family Dwelling District, to the R1-46 Zone, Skinner Street Daycare District, to permit a daycare accommodating no more than 32 children.

 

New Zone: R1-46 Zone, Skinner Street Daycare District

 

Legal description: PID: 018-736-581, Lot 2, Section 31, Esquimalt District, Plan VIP58823

 

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

 

Late Item: Correspondence

 

1_Rezoning 00608_323 Skinner Street_January 25, 2018 COTW Report

2_Rezoning 00608_323 Skinner Street_Correspondence

3_LATE_Rezoning 00608_323 Skinner Street_Correspondence

 

 

 

b.

Development Permit Application No. 000523

The Council of the City of Victoria will also consider issuing a development permit for the land known as 323 Skinner Street, in Development Permit Area 16: General Form and Character for the purposes of approving the general form and character of the proposed daycare building.

 

DP 000523_323 Skinner Street_January 25, 2018 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. 1143) No. 18-027

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1143) No. 18-027

 

 

 

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. 1143) No. 18-027

 

 

e.

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

 

That Council authorize the issuance of Development Permit Application No. 000523 for 323 Skinner Street subject to submission of supplementary plans identifying the proposed sustainability features, to the satisfaction of the Director of Sustainable Planning and Community Development, in accordance with:

  1. Plans date stamped December 15, 2017.
  2. The 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.

Addenda

Late Item: Margarita Dominguez: Animal Rescue Mention in Bylaws

 

Margarita Dominguez_Attachment

 

 

 

2.

Addenda

Late Item: Wei Tu: Strong Opposition to Bylaw Change Regarding Restricting Number of Hens

 

 

3.

Addenda

Late Item: Alex Peaker: Proposed Emergency Station for Johnson Street

 

 

4.

Addenda

Late Item: Mario Soares: Stop Discrimination Against Poor

 

 

5.

Addenda

Late Item: Steve McBride: Quit Prejudice Against Renters

 

 

6.

Addenda

Late Item: Doug Rosson: Animal Control Bylaw

 

 

7.

Addenda

Late Item: Susie Ewing: Bylaw Change to Oppress Less Fortunate

 

 

8.

Addenda

Late Item: Nick Anderson: Bylaw Change to Oppress Less Fortunate

 

 

9.

Addenda

Late Item: Chris Wilcox: Animal Control Bylaw Amendment

 

 

10.

Addenda

Late Item: Ian Basko: Bylaw Change to Oppress Less Fortunate

 

 

11.

Addenda

Late Item: Samuel Nadeau: Bylaw Change to Accommodate the Rich

 

 

12.

Addenda

Late Item: Jennifer Zylstra: Hens Restriction

 

 

13.

Addenda

Late Item: Benjamin Havelock: Freedom for Urban Country Life

 

 

14.

Addenda

Late Item: Sarah Elewa: Why Does Council Want to Change the Chicken Bylaw

 

 

15.

Addenda

Late Item: Jeff Rogers: Council Needs to Help Those Who Are in Need

 

 

16.

Addenda

Late Item: Robert Laurie: Hardship

 

 

17.

Addenda

Late Item: Colin Massey: The Whole World Goes Green

 

 

18.

Addenda

Late Item: Julian Hamberg: Chicken Bylaw Amendment is Bias

 

 

19.

Addenda

Late Item: Mel Stagavs: Stand Up for Equality

 

 

20.

Addenda

Late Item: Roger Iwadbile: Hens Restriction

 

 

21.

Addenda

Late Item: Zack Kock: Why Change Chicken Bylaw

 

 

22.

Addenda

Late Item: Anton An: Please Fight for the Interest of a Big Community

 

 

23.

Addenda

Late Item: Larry Kahn: 1322 Rockland Avenue

 

 

24.

Addenda

Late Item: Deborah Sheinbaum: 1322 Rockland Avenue

 

G.

UNFINISHED BUSINESS

 

 

1.

Rise and Report from Closed Meeting for Information

 

 

a.

From the November 9, 2017 Closed Council Meeting:

New Lease - 748 Johnson - Korean Fusion Restaurant

That Council authorize the Mayor and City Clerk to execute a lease with 550269 B.C. Ltd (dba Korean Fusion) and guarantor Ji Eung Kim for the premises at 748 Johnson Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing December 01, 2017 at a base rent of $24,528.00 per annum for the first two (2) years rising to $25,754.40 in Year 3, rising to $26,338.40 in Year 4 and rising to $26,931.01 in Year 5, subject to the publication of the statutory notices required by the Community Charter.

 

 

b.

From the November 9, 2017 Closed Council Meeting:

New Lease - 744 Johnson - Scruples Perfumes

That Council authorize the Mayor and City Clerk to execute a lease with Scruples Perfumes Ltd. (Inc. #BC0310808) and guarantor George T. Molner for the premises at 744 Johnson Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing December 01, 2017 at a base rent of $18,848.00 per annum for the first two (2) years rising to $19,790.40 in Year 3, rising to $20,226.88 in Year 4 and rising to $20,673.28 in Year 5, subject to the publication of the statutory notices required by the Community Charter.

 

 

c.

From the November 9, 2017 Closed Council Meeting:

New Lease - 738 Johnson - Study Wise

That Council authorize the Mayor and City Clerk to execute a lease with Study Wise International Student Centre Victoria Ltd. (Inc. #BC0840833) and guarantor Sang Woo Park for the premises at 738 Johnson Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing December 01, 2017 at a base rent of $16,891 per annum for the first two (2) years rising to $17,735.55 in Year 3, rising to $18,126.71 in Year 4 and rising to $18,526.76 in Year 5, subject to the publication of the statutory notices required by the Community Charter.

 

 

 

d.

From the November 9, 2017 Closed Council Meeting:

New Lease - 726 Johnson - Sockeye Sushi

That Council authorize the Mayor and City Clerk to execute a lease with Keun Ho Kim (dba Sockeye Sushi) for the premises at 726 Johnson Street, in a form satisfactory to the City Clerk, for a period of five (5) years commencing December 01, 2017, which terms will reflect a base rent of $42,693.00 per annum for the first two (2) years rising to $44,827.65 in Year 3, rising to $45,844.15 in Year 4 and rising to $46,880.98 in Year 5, with the base rent in Year 1 being reduced by $35,069.25 to reflect a tenant improvement credit, 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 March 15, 2018 COTW Meeting

2018_03_15_COTW_Report

 

 

 

b.

Addenda

Report from the March 22, 2018 COTW Meeting

 

Late Item: Report

2018_03_22_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

 

1.

Bylaws for Official Community Plan Amendments and Rezoning Application for 1201 Fort Street and 1050 Pentrelew Place

A report providing updated information, and recommending first and second readings of Bylaws No. 18-014 and No. 18-015, and first, second, and third readings of Bylaws No. 18-042 and No. 18-043.

Bylaw Introduction & Update Report_1201 Fort Street & 1050 Pentrelew Place

 

 

 

a.

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 23) No. 18-014

A bylaw to change the urban place designation for 1050 Pentrelew Place and the south portion of 1201 Fort Street to Urban Residential, and to change the boundary of Development Permit Area 7B (HC) - Corridors Heritage to include the south portion of 1201 Fort Street.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-014

Official Community Plan Bylaw, 2012, Amendment Bylaw (No. 23) No. 18-014

 

 

 

b.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1140) No. 18-015

A bylaw to create the R3-AM-5 Zone, Mid-Rise Multiple Dwelling (Fort) District, and to rezone the land known as 1201 Fort Street and 1050 Pentrelew Place to the R3-AM-5 Zone, Mid-Rise Multiple Dwelling (Fort) District.

 

Recommendation: That Council give first and second readings to Bylaw No. 18-015.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1140) No. 18-015

 

 

 

c.

Housing Agreement (1201 Fort Street and 1050 Pentrelew Place Affordable Housing) Bylaw (2018) No. 18-042

A bylaw to authorize a housing agreement for the lands known as 1201 Fort Street and 1050 Pentrelew Place.

 

Recommendation: That Council give first, second, and third readings to Bylaw No. 18-042.

Housing Agreement (1201 Fort Street and 1050 Pentrelew Place Affordable Housing) Bylaw (2018) No. 18-042

 

 

 

d.

Housing Agreement (1201 Fort Street and 1050 Pentrelew Place No Rental Restrictions) Bylaw (2018) No. 18-043

A bylaw to authorize a housing agreement for the lands known as 1201 Fort Street and 1050 Pentrelew Place.

 

Recommendation: That Council give first, second, and third readings to Bylaw No. 18-043.

Housing Agreement (1201 Fort Street and 1050 Pentrelew Place No Rental Restrictions) Bylaw (2018) No. 18-043

 

 

 

e.

Updated Development Permit with Variances Motion:

The updates to the motion are noted in bold, below.

 

Recommendation:

That Council, after giving notice and allowing an opportunity for public comment at a meeting of Council, and after the Public Hearing for Rezoning Application No. 00525, if it is approved, consider the following updated motion:

 

“That Council authorize the issuance of Development Permit with Variances Application No. 00035 for 1201 Fort Street and 1050 Pentrelew Place, in accordance with:

1. Plans date stamped January 19, 2018.

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

  1. increase the maximum height for Building A from 12.00m to 21.42m
  2. increase the maximum height for Building B from 12.00m to 15.20m
  3. reduce the Fort Street setback for Building A from 10.50m to 6.42m (to the building)
  4. reduce the west setback for Building A from 10.71m to 4.00m (to parkade structure) and 9.90m (to building)
  5. reduce the west setback for Building B from 7.56m to 0.65m (to ground floor parking area) and 5.50m (to building)

3. Refinement of balcony materials on Buildings A and B to the satisfaction of the Director of Sustainable Planning and Community Development.

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

 

 

2.

Bylaw for Development Cost Charges Reserve Establishment

 

 

a.

Development Cost Charges Reserve Establishment Bylaw No. 18-040

A bylaw to establish Reserve Funds for Development Cost Charges.

 

Recommendation: That Council adopt Bylaw No. 18-040.

 

Development Cost Charge Reserve Establishment Bylaw No. 18-040

 

 

K.

CORRESPONDENCE

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

No Item Selected