Victoria City Council - 21 Sep 2017 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, SEPTEMBER 21, 2017, AT 6:30 P.M.

Council Chambers, City Hall, 1 Centennial Square

Located on the traditional territory of the Esquimalt and Songhees People

 

Music performance by fiddle duo of Aurora Smith and Maria Newton,

from the Victoria Conservatory of Music.

 

 

A.

APPROVAL OF AGENDA

 

B.

READING OF MINUTES

 

 

1.

Addenda

Minutes from the evening meeting held August 10, 2017Deferred

 

 

2.

Addenda

Late Item: Minutes from the daytime meeting held August 3, 2017

 

2017_08_03_Daytime

 

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Brett Hayward: Housing for the Homeless

 

 

2.

Bill Stewart: The Removal of the John A. MacDonald Statue from the Front of City Hall

 

 

3.

J. Ocean Dennie: Removal of John A. MacDonald Statue

 

 

4.

Robert Preston: Heritage Conservation Area Designation

 

 

5.

Thomas Buck: Homelessness and How They Are Being Treated

 

 

6.

Addenda

Late Item: Sariah Korneluk: John A. MacDonald

 

D.

PROCLAMATIONS

 

 

1.

"Manufacturing Month" - October 2017

 

Manufacturing Month

 

 

 

2.

"Wrongful Conviction Day" - October 2, 2017

 

Wrongful Conviction Day

 

 

 

3.

Addenda

Late Item: "Fire Prevention Week 2017" - October 8 to 14, 2017

 

Fire Prevention Week 2017

 

 

 

4.

Addenda

Late Item: "Occupational Therapy Month" - October 2017

 

Occupational Therapy Month

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Development Permit Application with Variances No. 00036 for 1479 Fort Street

 

Council is considering an application to add one (1) suite to an existing eight (8) unit multiple dwelling building.

 

 

a.

Addenda

Opportunity for Public Comment

Development Permit with Variances No. 00036

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 1479 Fort Street, in Development Permit Area 7B Corridors Heritage, for purposes of adding an additional unit within the existing eight unit building.

 

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

         Part 3.10 Section 17.2 - Relaxation of the off-street parking requirement from 12 to 6, increasing the existing non-conformity by 2 stalls

         Part 3.10 Section 18(c) - Relaxation of the setback from the street for an accessory building from 7.5m to 6.47m

         Schedule F 4(d) - Relaxation of the minimum separation space between an accessory building and the principle building from 2.4m to 1.5m.

 

Legal description of the land:

Lot 4, Section 74, Victoria, Plan 309, Except that part outlined in red on plan 127 BL

 

Late Item: Correspondence

 

1_DPV 00036_1479 Fort Street_July 20, 2017 COTW Report

2_LATE_Correspondence

 

 

 

 

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 Application No. 00036 for 1479 Fort Street, in accordance with:

 

  1. Plans date stamped June 8, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variance:
    1. Reduce the required parking stall from twelve to six, increasing the existing non-conformity by two stalls
    2. Reduce the setback from a street for an accessory building from 7.50m to 6.47m
    3. Reduce the separation space between an accessory building and the principle building from 2. 40m to 1.50m.
  3. The Development Permit lapsing two years from the date of this resolution.

 

2.

Development Variance Permit Application No. 00188 for 1457 Clifford Street

 

Council is considering an application to subdivide the existing lot and construct a new single family dwelling with a secondary suite on each lot.

 

 

a.

Opportunity for Public Comment

Development Variance Permit No. 00188

The City of Victoria will be considering the issuance of a Development Variance Permit for the land known as 1457 Clifford Street for the purpose of varying certain requirements of the Zoning Regulation Bylaw including:

 

Lot 1:

         reduce the minimum lot width from 15m to 13.46m

         reduce the minimum side yard setback from 3.0m to 2.49m

         reduce the minimum combined side yard setback from 4.5m to 3.99m

 

Lot 2:

         reduce the minimum average lot width from 15m to 13.46m

         reduce the minimum side yard setback from 3.0m to 2.59m

         reduce the minimum combined side yard setback from 4.5m to 4.09m

 

to allow for the construction of two single-family dwellings with secondary suites.

 

Legal description of the land:

Lot 145, Fairfield Farm Estate, Victoria City, Plan 884

 

DVP 00188_1457 Clifford Street_August 3, 2017 COTW Report

 

 

 

 

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 Permit Application No. 00188 for 1457 Clifford, in accordance with:

 

1. Plans date stamped July 13, 2017.

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

 

Lot 1

i. reduce the minimum lot width from 15m to 13.46m;

ii. reduce the minimum side yard setback from 3.0m to 2.49m;

iii. reduce the minimum combined side yard setback from 4.5m to 3.99m.

 

Lot 2

i. reduce the minimum average lot width from 15m to 13.46m;

ii. reduce the minimum side yard setback from 3.0m to 2.59m;

reduce the minimum combined side yard setback from 4.5m to 4.09m.

 

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

 

3.

Development Variance Permit Application No. 00191 for 1501 Haultain Street

 

Council is considering an application for a restaurant, to relax the required number of on-site parking spaces.

 

 

a.

Addenda

Opportunity for Public Comment

Development Variance Permit No. 00191

The City of Victoria will be considering the issuance of a Development Variance Permit for the land known as 1501 Haultain Street for the purpose of varying certain requirements of the Zoning Regulation Bylaw, Schedule C – Off-Street Parking, namely:

 

         reducing the required number of parking spaces from twelve (12) to five (5) in order to permit a restaurant on the ground floor of the building.

 

Legal description of the land: Lot 24, Block 15, Section 48, Victoria District, Plan 835

 

Late Item: Correspondence

 

1_DVP 00191_1501 Haultain Street_August 10, 2017 COTW Report

2_LATE_Correspondence

3_LATE LATE_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.00191 for 1501 Haultain 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. reduce the required number of parking spaces from 12 to 5.
  3. Install a bike rack onsite to accommodate five bikes under the cantilever roof on the east side of the building, and install four new planter boxes in the parking area on the west side of the building.
  4. Recreation vehicles shall not be stored on the subject property.
  5. The Development Permit lapsing two years from the date of this resolution.

 

4.

Rezoning Application No.00559 and Heritage Designation Application No. 000164 for 1402-1406 Douglas Street

 

Council is considering an application to rezone the property to allow for the retail sale of cannabis, as well as an application to designate the exterior of the building, as a protected heritage property.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00559

To rezone the land known as 1402-1406 Douglas Street from the CA-3C Zone, Old Town District, to the CA-82 Zone, Old Town Cannabis 2 District, to permit a storefront cannabis retailer.

 

New Zone: CA-82 Zone, Old Town Cannabis 2 District

 

Legal Description: The easterly 60 feet of Lot 671, Victoria City

 

Existing Zone: CA-3C Zone, Old Town District

 

Late Item: Correspondence

 

1_Rezoning 00559_1402-1406 Douglas Street_May 4, 2017 COTW Report

2_1402-1406 Douglas Street_Correspondence

3_LATE_Correspondence

 

 

 

b.

Heritage Designation Application No. 000164

Under the provisions of the Local Government Act, the City of Victoria intends to designate the exterior of the building located at 1402-1406 Douglas Street, legally described as the easterly 60 feet of Lot 671, Victoria City, as protected heritage property, under Heritage Designation (1402-1406 Douglas Street) Bylaw No. 17-078.

 

HD 000164_1402-1406 Douglas Street_June 15, 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 bylaws is in order:

  1. Zoning Regulation Bylaw, Amendment Bylaw (No. 1107) No. 17-070
  2. Heritage Designation (1402-1406 Douglas Street) Bylaw No. 17-078

 

1_Zoning Regulation Bylaw, Amendment Bylaw (No. 1107) No. 17-070

2_Heritage Designation (1402-1406 Douglas Street) Bylaw No. 17-078

 

 

 

c.

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. 1107) No. 17-070
  2. Heritage Designation (1402-1406 Douglas Street) Bylaw No. 17-078

 

5.

Short-Term Rentals

 

Council is considering an amendment to the Zoning Regulation Bylaw, to amend the definition of Transient Accommodation, adding a definition for Short-Term Rental, and prohibiting Short-Term Rentals in the entire City unless where expressly allowed.

 

 

a.

Addenda

Public Hearing

Zoning Regulation Bylaw, Amendment Bylaw (No. 1112) No. 17-084

The purpose of this Bylaw is to amend the Zoning Regulation Bylaw by amending the definition of “Transient Accommodation” by removing a reference to vacation rentals, creating “Short-Term Rental” as a new use, and by prohibiting Short-Term Rentals except where expressly allowed. This amendment bylaw will affect properties throughout the city where Transient Accommodation is currently permitted as shown below in the maps of the zones, which is also available at www.victoria.ca/shorttermrentals. To check whether a particular property will be affected, please contact the Zoning Department at 250-361-0316 or zoning@victoria.ca. Zoning can also be found by looking up the property address on VicMap. To access VicMap, click the “VicMap” button on the homepage of the City of Victoria’s website: www.victoria.ca.

 

Late Item: Correspondence

 

1_Short-Term Rentals_September 7, 2017 Council Report

2_Short-Term Rentals_June 15, 2017 COTW Report

3_Short-Term Rentals_Correspondence

4_LATE Correspondence

5_LATE 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. 1112) No. 17-084

Zoning Regulation Bylaw, Amendment Bylaw (No. 1112) No. 17-084

 

 

 

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. 1112) No. 17-084

 

F.

REQUESTS TO ADDRESS COUNCIL

 

G.

UNFINISHED BUSINESS

 

1.

Rise and Report from Closed Meeting for Information

There are no rise and reports for this meeting.

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

 

a.

Report from the September 14, 2017 COTW Meeting

 

2017_09_14_COTW_Report

 

 

 

b.

Addenda

Report from the September 21, 2017 COTW Meeting

 

Late Item: Report

 

2017_09_21_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

 

1.

Bylaw for Rezoning Application No. 00564 for 2695 Capital Heights

A report recommending first and second readings of Bylaw No. 17-095.

 

Bylaw Introduction Report_Bylaw No. 17-095

 

 

 

a.

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

A bylaw to rezone a portion of the land known as 2695 Capital Heights to the R1-S2 Zone, Restricted Small Lot (Two Storey) District.

 

Recommendation: That Council give first and second reading to Bylaw No. 17-095.

 

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

 

 

 

2.

Addenda

Update Report and Bylaws for Rezoning Application No. 00588 for 1002 Vancouver Street

A report recommending first and second readings of Bylaw No. 17-092 and No. 17-088, as well as first, second, and third readings of Bylaw No. 17-093.

 

The report also provides the applicant responses to questions from Council (Attachment C), reports from the Fire and Police departments summarizing calls for service and police calls (Attachments D & E), and a revised site plan identifying the Statutory Right of Way on Rockland Avenue (Attachment F).

 

Late Items: Form C - SRW, Form C - Landscape Covenant, and Form C - Section 219 Covenant

1_Update Report_1002 Vancouver Street

2_Attachment A_July 27, 2017 Council Meeting Minutes

3_Attachment B_July 27, 2017 COTW Meeting Minutes

4_Attachment C_Applicant Responses to Questions in Council Minutes

5_Attachment D_Report on Calls for Service from the Victoria Fire Department

6_Attachment E_Report of Police Calls from the Victoria Police Department

7_Attachment F_Revised Site Plan Received September 15, 2017 Deemed May 23, 2017

8_Form C_SRW

9_Form C_Landscape Covenant

10_Form C_Section 219 Covenant

 

 

 

a.

Addenda

Zoning Regulation Bylaw, Amendment Bylaw (No. 1114) No. 17-092

A bylaw to create the R-84 Zone, Mount Edwards Court Residential District, and to rezone the land known as 1002 Vancouver Street to the R-84 Zone.

 

Late Item: Bylaw

 

Recommendation: That Council give first and second readings to Bylaw No. 17-092.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1114) No. 17-092

 

 

 

b.

Addenda

Heritage Designation (1002 Vancouver Street) Bylaw No. 17-088

A bylaw to designate the building located at 1002 Vancouver Street as protected heritage property.

 

Late Item: Bylaw

 

Recommendation: That Council give first and second readings to Bylaw No. 17-088.

 

Heritage Designation (1002 Vancouver Street) Bylaw No. 17-088

 

 

 

c.

Addenda

Housing Agreement (1002 Vancouver Street) Bylaw (2017) No. 17-093

A bylaw to authorize an agreement for rental housing for the lands known as 1002 Vancouver Street.

 

Late Item: Bylaw & Schedule A

 

Recommendation: That Council give first, second, and third reading to Bylaw No. 17-093.

 

Amended_Housing Agreement (1002 Vancouver Street) Bylaw (2017) No. 17-093

 

 

 

3.

Bylaw for 848 and 852-856 Yates Street and 845 and 849 Johnson Street

A report recommending that Council rescind third reading of Bylaw No. 17-091, replace Schedule A with the updated version, and give Bylaw No. 17-091 third reading.

 

Update Report_Bylaw No. 17-091

 

 

 

a.

Addenda

Housing Agreement (848 Yates) Bylaw (2017) No. 17-091

A bylaw to authorize an agreement for rental housing for the lands known as 848 and 852-856 Yates Street and 845 and 849 Johnson Street.

 

Late Item: Schedule A

 

Recommendation: That Council rescind third reading of Bylaw No. 17-091, amend the bylaw to replace Schedule A, and give third reading to Bylaw No. 17-091.

 

Amended_Housing Agreement (848 Yates) Bylaw (2017) No. 17-091

 

 

 

4.

Addenda

Late Item: Bylaw for Parks Regulation Bylaw Amendments

A report recommending first, second and third readings of Bylaw No. 17-099.

Update Report_Bylaw No. 17-099

 

 

 

a.

Addenda

Parks Regulation Bylaw, Amendment Bylaw (No. 8) No. 17-099

A bylaw to amend the Parks Regulation Bylaw to provide better regulations necessary for proper management and operations of the municipal parks in the City of Victoria and to provide an effective system of permitting for signs and other structures containing political expression in municipal parks that respects the importance of freedom of expression while balancing with other competing requirements for this scarce public resource.

 

Amended Item: Bylaw No. 17-099

 

Recommendation: That Council give first, second and third reading to Bylaw No. 17-099.

 

Amended_Parks Regulation Bylaw, Amendment Bylaw (No. 8) No. 17-099

 

 

K.

CORRESPONDENCE

 

 

1.

Letter from the City of Abbotsford

A letter dated September 5, 2017 requesting the City of Victoria's support for a resolution at the 2017 UBCM Convention, titled "The Case for Prevention of the Opioid Crisis".

 

Letter from the City of Abbotsford

 

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

ADJOURNMENT

 

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