AMENDED AGENDA

COMMITTEE OF THE WHOLE

  MEETING OF THURSDAY, OCTOBER 12, 2017, AT 9:00 A.M.

COUNCIL CHAMBERS

CITY HALL, 1 CENTENNIAL SQUARE

Located on the traditional territory of the Esquimalt and Songhees People

APPROVAL OF AGENDA

CONSENT AGENDA

READING OF MINUTES

1.

Minutes from the meeting held September 7, 2017

2017_09_07_Minutes

2.

DeferredMinutes from the Meeting held September 21, 2017

UNFINISHED BUSINESS

LAND USE MATTERS

3.

Temporary Use Permit Application No. 00003 for 3020 Douglas Street and 540 Burnside Road East (Burnside)

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding a Temporary Use Permit (TUP) Application for the temporary change of use from motel to 52 transitional housing units and monthly rental parking for a period of up to three years.

Late Item: Presentation & Correspondence

Recommendation: That Council after giving notice and allowing an opportunity for a Public Hearing at the next available meeting of Council, consider the following motion: "That Council authorize the issuance of Temporary Use Permit Application No. 00003 for 3020 Douglas Street and540 Burnside Road East, in accordance with: 1. Plans date stamped August 24, 2017. 2. Development meeting all Zoning Regulation Bylaw requirements. 3. Registration of a Section 219 Covenant on title to the satisfaction of staff to secure the following minimum criteria with respect to transitional housing on the subject property: a. 24/7 staffing model and ancillary supports, including two trained resident support workers onsite at all times and one full-time supervisor during the week; b. at least one staff member patrolling around the entire perimeter of the building to inspect the property and attend to the removal of any rubbish or debris; c. residents provided with access to health care and counselling support services. 4. The applicant providing a landscape cost estimate for the entire cost of the onsite landscaping in accordance with the Landscape Plan prepared by LADR Landscape Architects dated August 17, 2017 and a landscape security deposit in the amount of 120% of the Landscape Cost Estimate is payable to the City prior to the issuance of any building permits. 5. The Temporary Use Permit lapsing three years from the date of this resolution."

1_Report_TUP No. 00003 for 3020 Douglas Street and 540 Burnside Road East

2_Attachment A & B_Maps

3_Attachment C_Letter to Mayor and Council

4_Attachment D_Comments from June 26, 2017 Open House

5_Attachment E_Plans

6_LATE_Correspondence

7_LATE_Presentation

4.

Progress Report on 1525 Shasta Place 60-Day Temporary Protection Order (Rockland)

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding an update on the status of discussions with the owners of 1525 Shasta Place following the September 7, 2017 Council motion.

Late Item: Correspondence & Presentation

Recommendations:   That Council receive this report for information.

1_Report_Progress on 1525 Shasta Place

2_Attachment A_Subject Map

3_Attachment B_Aerial Map

4_Attachment C_Council Member Motion of August 30, 2017

5_LATE_Correspondence

6_LATE_Presentation

5.

Application for a New Liquor Primary Licence for The Drake, 517 Pandora Street (Downtown)

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding an application by The Drake for a new Liquor Primary License at 517 Pandora Avenue for licenced hours of service from 9:00 am until 12:00 am seven days a week, with an occupant load of 178 persons.

Recommendation: That Council direct staff to provide the following response to the Liquor Control and Licensing Branch: 1. Council, after conducting a review with respect to the location of the establishment and the person capacity and hours of liquor service, supports the application of The Drake, located at 517 Pandora Street to obtain a new Liquor Primary License permitting service from 9:00 am until 12:00 am seven days a week for an occupant load not in excess of 178 persons. Providing the following comments on the prescribed considerations: a. The impact of noise on the community in the vicinity of the establishment has been considered and is expected to be consistent with existing operations based on an understanding that the total licensed capacity under the Food Primary Licence is 178 persons and the hours of operation are 11:30 am until 12:00 am seven days per week. b. If the application is approved, the impact on the community is expected to be negligible given the size and hours of the business. c. The views of residents were solicited via a mail out to neighbouring property owners and occupiers within 50 metres of the licensed location and a notice posted at the property. The City received four letters, all in support of the application. d. Council recommends the issuance of the license.

1_Report_Application for a New Liquor Primary Licence for The Drake, 517 Pandora Street

2_Appendix A_Letter of Rationale

3_Attachment B_Aerial Photograph (map)

4_Appendix C_Council Minutes May 24, 2007, (Liquor Licencing Policy)

5_Appendix D_Letter from the Public

6_Appendix E_Provincial Liquor License Types

6.

Land Use Procedures Bylaw Amendments - Temporary Use Permits Notification

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding recommended changes to the Land Use Procedures Bylaw following Council's previous intent for a Temporary Use Permit application process.

Late Item: Presentation

Recommendation: That Council: 1. Give first, second, and third readings for the attached Land Use Procedures Bylaw amendments which would reduce the notification distance for opportunities for public comment for Temporary Use Permits. 2. Direct staff to amend the Storefront Cannabis Retailer Rezoning Policy to specify that Temporary Use Permit applications require the notification distance for Council's opportunity for public comment to 100 metres.

1_Report_Land Use Procedures Bylaw Amendments- Temporary Use Permits Notification

2_Attachment A_LUP Bylaw Amendments Report, COTW May 18, 2017

3_Attachment B_Bylaw Amendments_DP Exemptions and Delegation Report, Council March 10, 2016

4_Attachment C_Proposed LUP Bylaw Amendment (No.17-107)

5_LATE_Presentation

7.

Zoning Bylaw 2017 - Direction to Proceed to Public Hearing

--J. Tinney, Director of Sustainable Planning and Community Development

A report providing information and recommendations regarding the proposed Zoning Bylaw 2017 and related zoning maps and to seek direction on the advancement of the Zoning Bylaw 2017 to Public Hearing.

Late Item: Letters from UDI & DRA & Presentation

Recommendation: That Council direct staff to bring forward Zoning Bylaw 2017 for Council's consideration of first and second readings prior to a Public Hearing.

1_Report_Zoning Bylaw 2017 -Direction to Proceed to Public Hearing

2_Attachment 1_Zoning Bylaw 2017

3_Attachment 2_Distribution of Proposed Zones.docx

4_Attachment 3_Zoning Bylaw 2017 Comments

5_LATE_Letter from DRA

6_LATE_Letter from UDI

7_LATE_Presentation

STAFF REPORTS

8.

Update: Artist in Residence Program

--J. Jenkyns, Acting City Manager

A report providing information regarding an update on the Artist in Residence program including a summary of work completed to date.

Late Item: Presentation

Recommendation: That Council approve the extension for one year of the Artist in Residence to December 31, 2018.

1_Report_Artist in Residence Report

2_Appendix A_ActivitySummary

3_LATE_Presentation

9.

2018 Council and Committee Meeting Calendar

--C. Coates, City Clerk

A report providing the 2018 Committee and Council Meeting Schedule.

Recommendation: That Council approve the 2018 Committee of the Whole and Council meeting schedule attached to this report and make available to the public as required under the Section 127 of the Community Charter.

1_Report_2018 meeting dates

2_Attachment A_2018 meeting dates

NOTICE OF MOTIONS

NEW BUSINESS

10.

Emergency Container at 2906 Cook Street

--Councillors Isitt & Loveday

A Council member motion providing recommendations regarding the installation of an emergency container on Spencer Castle property.

Recommendation:That Council direct staff to add the property at 2906 Cook Street to the second round of Land Use Contract terminations, and initiate a rezoning to the R3-A1 Zone via a concurrent City initiated rezoning, to permit the installation of an emergency container on the property.

1_Report_Emergency Container at 2906 Cook Street

2_Attachment_Letter from Spencer Castle Strata Presidents dated May 26, 2017

3_Attachment_Letter from Spencer Castle Strata Presidents October 4, 2017

11.

Holding Fossil Fuel Companies Responsible for Climate Change

--Mayor Helps, Councillors Loveday & Isitt

A Council member motion providing recommendations regarding holding fossil fuel companies responsible for climate change.

Recommendation:That Council request that the Mayor, on behalf of Council, send a Climate Accountability Letter to major fossil fuel companies.

1_Report_Holding Fossil Fuels Companies Responsible for Climate Change

2_Appendix 1_Climate Accountability Letters_An Introduction

3_Appendix 2_Highlands Letter to CRD

4_Appendix 3_Highlands Letter to Fossil Fuel Companies

5_Appendix 4_Accountability Letter template

6_Appendix 5_Fossil Fuel Company Contact Information

ADJOURNMENT OF COMMITTEE OF THE WHOLE

CONVENE COUNCIL MEETING

MOTION TO CLOSE THE OCTOBER 12, 2017 COUNCIL MEETING TO THE PUBLIC

That Council convene a closed meeting that excludes the public under Section 90 of the Community Charter for the reason that the following agenda items deal with matters specified in Sections 90(1) and/or (2) of the Community Charter, namely:

•         Section 90(1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; and

•         Section 90(1)(c) labour relations or other employee relations;

•         Section 90(1)(e)the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

•         Section 90(1)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

APPROVAL OF CLOSED AGENDA

READING OF CLOSED MINUTES

1.

Minutes from the closed Meeting held September 7, 2017

UNFINISHED BUSINESS

CORRESPONDENCE

2.

Legal

--C. Coates, City Clerk

NEW BUSINESS

3.

Late Item: Legal

--T. Zworski, City Solicitor

4.

Appointment

--C. Coates, City Clerk

5.

Late Item:Land

--L. van den Dolder, Assistant City Solicitor

6.

Late Item: Labour / Employee Relations

--J. Jensen, Head of Human Resources

CONSIDERATION TO RISE & REPORT

ADJOURNMENT