UPDATED AMENDED AGENDA

COMMITTEE OF THE WHOLE

  MEETING OF THURSDAY, JUNE 15, 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 May 18, 2017

2017_05_18_Minutes

Presentation

2.

City of Victoria Youth Council  

An annual presentation regarding the Youth Council's activities and initiatives.

Late Item: Revised Presentation

REVISED_Presentation

3.

South Island Prosperity Project 

Late Item: Presentation

Late_Presentation

UNFINISHED BUSINESS

4.

Johnson Street Bridge Project Update

--Angus English, P.Eng, Vice President WSP (Formerly MMM)

A report providing information regarding a schedule update for the Johnson Street Bridge replacement.

Late Items: Memo and Schedules

1_Johnson Street Bridge Project Update_Memo

2_Attachment 1_CPM Schedule Update_April 17, 2017

3_Attachment 2_CPM Schedule Update_June 1, 2017

5.

Johnson Street Bridge Fendering Report

--Angus English, P.Eng, Vice President WSP (Formerly MMM)

A report providing information regarding the fendering for the Johnson Street Bridge Replacement Project.

Deferred to a future date

6.

Crystal Pool Upgrade- Lessons Learned from Johnson Street Bridge

--Jonathan Huggett, P.Eng – Project Director Johnson Street Bridge Project

A report providing information regarding the interim lessons learned on procurement from the Johnson Street Bridge Replacement Project as it applies to the Crystal Pool Project.

Late Item: Presentation & REVISED Report, Page 2, Paragraph 4 under "Johnson Street Bridge Project" 

1_REVISED Report_Crystal Pool Upgrade - Lessons Learned from Johnson Street Bridge

2_LATE_Presentation

7.

Short Term Rentals - Regulatory Options

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

A report providing information and recommendations regarding regulatory options for short-term rentals.

Late Item: Presentation

Recommendation:That Council direct staff to: 1. Limit short term rentals in Victoria to the greatest extent possible through appropriate language in the Zoning Regulation Bylaw, housing agreements, or other available tools to ensure that all new residential zoned units are used for the primary purpose of housing,

rather than as short-term rentals (STR). 2. Bring forward a comprehensive scheme of business regulations for existing and future short term rentals. Such regulations may include: a. requirements for a business licence for all short-term rentals b. business licence fees c. requirement that business activity comply with applicable strata rules d. establishing appropriate rules for operation of short-term rentals. 3. Work with the BC Assessment Authority to ensure that properties used for short-term rental are properly assessed as Class 6- business and other 4. Report back with a short-term rental enforcement strategy that will detail considerations for proactive enforcement of City-wide short-term rental including: a. benefits and challenges of manual (staff led) enforcement vs. enlisting third party STR management assistance

b. fines and escalatory action for non-compliance c. audit options to monitor adherence to rules and regulations d. engaging STR host platforms for regulatory cooperation e. additional policies, regulations, and programs to ensure compliance with regulations . f. expediting the time frame for rolling out enforcement g. creating a dedicated short-term rental webpage for clarity and transparency regarding new regulations that outlines the City's progress on reducing short-term rental impact on long-term rental housing availability h. establishing a monitoring system to evaluate success of short-term rental regulations and the Short-Term Rental Enforcement Strategy.

1_Report_Short-Term Rentals - Regulatory Options

2_Appendix A_COTW Workshop Report - January 19, 2017

3_LATE_Presentation

LAND USE MATTERS

8.

Rezoning Application No. 00571 for 2639-2641 Quadra Street (Hillside/Quadra)

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

A report providing information and recommendations regarding an application to allow for the retail sale of cannabis.

Late Item:Presentation

Recommendation:1. That Council instruct staff to prepare the necessary Zoning Regulation Bylaw Amendment that would authorize the proposed development outlined in Rezoning Application No. 00571 for 2639-2641 Quadra Street, that first and second reading of the Zoning Regulation Bylaw Amendment be considered by Council and a Public Hearing date be set, with final approval only considered upon proof of registration of an executed Statutory Right-of-Way (SRW) of

3.2m on Quadra Street at the Land Titles Survey Authority. 2. 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. 00571, if it is approved, consider the following motion: "That Council authorize the issuance of a Development Variance Permit for 2639-2641 Quadra Street, in accordance with: a. plans date stamped May 15, 2017 b. development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. reduce the parking requirements to one parking stall per 132m2 for

commercial uses. c. the Development Variance Permit lapsing two years from the date of this resolution."

1_Report_REZ 00571_2639-2641 Quadra Street

2_Attachment_Maps

3_Attachment_Plans

4_Attachment_Letter to Mayor and Council

5_Attachment_Correspondence

6_LATE_Presentation

9.

Rezoning Application No. 00546 for 510-512 Yates Street (Downtown)

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

A report providing information and recommendations regarding an application to allow for the retail sale of cannabis.

Recommendation:That Council decline Rezoning Application No. 00546 for the property located at 510-512 Yates Street.

Late Item:Presentation

1_Report_REZ 00546 for 510-512 Yates Street

2_Attachment_COTW Report dated February 16, 2017

3_Attachment_Minutes from the February 16, 2017 COTW Meeting

4_LATE_Presentation

10.

Development Permit with Variances Application No. 00021 for 515 Foul Bay Road (Fairfield/Gonzales)

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

A report providing information and recommendations regarding an application to subdivide the existing panhandle lot into four lots and construct three new single-family dwellings while retaining the existing five-unit house conversion on one lot .

Late Item: Correspondence & Presentation

Recommendation: That Council after giving notice and allowing an opportunity for public comment at a meeting of Council, consider the following motion: “That Council authorize the issuance of Development Permit Application No. 00021 for 515 Foul Bay Road for the subdivision of the panhandle lot and subsequent construction of three single-family dwellings, subject to the Heritage Designation of the existing house and registration of a Section 219 Covenant for tree protection, in accordance with: 1. Plans date stamped March 10, 2017. 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: i. Lot A:increase the maximum height from 5.00m to 7.80m b. increase the maximum number of storeys from one to two c. reduce the front setback from 7.50m to 1.22m (west) d. reduce the side setbacks from 7.50m to 4.00m (north) and 3.74m (south) ii. Lot B: a. increase the maximum height from 5.00m to 7.70m b. increase the maximum number of storeys from one to two c. reduce the front setback from 7.50m to 6.81m (south) d. reduce the side setbacks from 7.50m to 3.00m (east) and 2.68 (west) iii. Lot C: a. increase the maximum height from 5.00m to 7.90m b. increase the maximum number of storeys from one to two c. reduce the front setback, from 7.50m to 0.69m (north) d. reduce the side setbacks from 7.50m to 4.00m (east) and 1.85m (west) iv. Lot D (Existing House): a. reduce the front setback from 7.50m to 1.58 (west) b. reduce the rear setback from 7.50m to 2.00m (east) c. reduce the side setback from 7.50m to 0.00m (north). 3. Retention of an International Society of Arboriculture certified arborist during construction to ensure the tree protection plan is followed. 4. Registration of a Housing Agreement to secure rental of the five unit house conversion for a ten year period. 5. The Development Permit lapsing two years from the date of this resolution.”

1_Report_DPwV 00021 for 515 Foul Bay Road

2_Attachment_Maps

3_Attachment_Plans

4_Attachment_Letter to Mayor and Council

5_Attachment_CALUC Comments

6_Attachment_Arborist Letter

7_Attachment_Correspondence

8_Late Correspondence

9_LATE_Presentation

11.

Heritage Designation Application No. 000163 for 515 Foul Bay Road (Fairfield/Gonzales)

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

A report providing information and recommendations regarding an application to designate the exterior of the Heritage-Registered property located at 515 Foul Bay Road

Recommendation:That Council approve the designation of the Heritage-Registered property located at 515 Foul Bay Road, pursuant to Section 967 of the Local Government Act, as a Municipal Heritage Site.That Council consider the following motion: "That Council approve the designation of the property located at 515 Foul Bay Road, pursuant to Section 611 of the Local Government Act, as a Municipal Heritage Site and that first and second reading of the Heritage Designation Bylaw be considered by Council and a Public Hearing date be set.

1_Report_HD 000163 for 515 Foul Bay Road

2_Attachment_Maps

3_Attachment_Pictures

4_Attachment_Statement of Significance

5_Attachment_Letter from the Applicant

12.

Heritage Designation Application No. 000164 for 1402-1406 Douglas Street (Downtown)

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

A report providing information and recommendations regarding an application to designate the exterior of the Heritage-Registered property located at 1402-1406 Douglas Street

Late Item:Presentation

Recommendation: That Council consider the following motion: "That Council approve the designation of the property located at 1402-1406 Douglas Street, pursuant to Section 611 of the Local Government Act, as a Municipal Heritage Site and that first and second reading of the Heritage Designation Bylaw be considered by Council and a Public Hearing date be set."

1_Report_HD 000164 for 1402-1406 Douglas Street

2_Attachment_Maps

3_Attachment_Pictures

4_Attachment_Statement of Significance

5_Attachment_Letter from the Applicant

6_LATE_Presentation

13.

Application for a change to a Food-Primary License to add an Entertainment Endorsement to Liquor License (003279), Argyle Attic, 850 Blanshard Street (Downtown)

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

A report providing information and recommendations regarding an application to change a Food-Primary License and add an Entertainment Endorsement at 850 Blanshard Street.

Recommendation:That Council direct staff to provide the following response to the Liquor Licensing Agency: 1. Council, after conducting a review with respect to the location of the establishment, the

occupant capacity and the hours of liquor service, supports the application of Argyle Attic, located at 850 Blanshard Street, to add an Entertainment Endorsement to their Food-Primary Liquor License. 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 not expected to be appreciatively different than that generated by the existing operations. It is understood that there is no change to the existing approved occupant load or hours of operation. b. If theapplication is approved theimpact on the community is expectedto be positive,as the approval supports the long term viability of the business in the community.

Approval is not expected to be disruptive to the community. c. The views of residents were solicited via a mail-out to neighbouring property owners and occupiers within 50 metres of the licensed location, as well as a notice posted at the property. The City received one letter in support of the application. d. Council recommends the issuance of the license as the requested change benefits the business and is compatible with the neighbourhood.

1_Report_Application for a change to a Food-Primary License to add an Entertainment Endorsement

2_Appendix A_Letter of Rationale

3_Appendix B_Aerial photgraph

4_Appendix C_Council Minutes

5_Appendix D_Letters from the Public

6_Appendix E_Provincial Liquor License Types

14.

Victoria Housing Reserve Fund Program Update

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

A report providing information and recommendations regarding changes to the Victoria Housing Reserve Fund following focused consultation with affordable housing providers and the development community.

Late Item: Presentation

Recommendation:That Council direct staff to: 1. Implement all changes to the Victoria Housing Reserve fund approved at the November 24, 2016 Committee of the Whole Meeting; and 2. Further update the Fund Guidelines to incorporate the following changes developed during the consultation period: • add women and children to the priority target group • increase income limits for affordable home ownership projects • ensure financial health of project proponents • cap the funding window to two years • improve flexibility for how the fund maybe used • require affordable home ownership projects to demonstrate how they are affordable and how they will remain so over the long term • expand funding eligibility criteria to include for-profit entities providedthey enter into a partnering agreement.

1_Report_Victoria Housing Reserve Fund Program Update

2_Appendix 1_VHRF Update - COTW Report from November 24, 2016

3_Appendix 2_VHRF Guidelines

4_Appendix 3_Victoria Housing Strategy Action Tracker- June 2017

5_LATE_Presentation

15.

Sidewalk Cafe Bylaw Update-Noise, Parklet Trial Installation and Fees for Use of Parking Stalls

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

A report providing information and recommendations regarding noise concerns with sidewalk cafes and updates for fees associated with adjacent parking stalls.

Late Item:Presentation

Recommendation:That Council direct staff to: 1. Monitor potential noise issues related to sidewalk cafes under the existing Noise Bylaw and Nuisance (Business Regulation) Bylaw and report back to Council in two years with analysis and recommendations. 2. Bring forward amendments to the Sidewalk Cafe Bylaw to update the fees for sidewalk cafes using the adjacent parking stall so that it is doublet he amount currently charged for sidewalk cafes occupying a sidewalk. 3. Conclude the Parklet Trial Installation (700 block Fort Street) and bring back to Council proposed bylaw regulations for parklets.

1_Report_Sidewalk Cafe Bylaw Update-Noise, Parklet Trial Installation and Fees for Use of Parking Stalls

2_Appendix A_June 23, 2016 Council Meeting Minutes

3_Appendix B_Sidewalk Cafes Regulation Bylaw (Bylaw No. 16-038)

4_Appendix C_Noise Bylaw (Bylaw No. 03-012)

5_Appendix D_'Parklet' Trial Installation - 700 block Fort Street Report, Governance and

6_LATE_Presentation

16.

Update and Consolidation of Building and Plumbing Bylaws

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

A report providing information and recommendations regarding an updated and consolidated Building and Plumbing Bylaw.

Late Item: Report & Presentation

1_Report_Update and Consolidation of Building and Plumbing Bylaws

2_Appendix A_Fee Review Report

3_Appendix B_MIA - Model Bylaw Project

4_Appendix C_BC Building Act

5_Appendix D_Proposed Consolidate Building and Plumbing Bylaw

6_Appendix E_Existing Building Bylaw

7_Appendix F_Existing Plumbing Bylaw

8_Appendix G_Exisiting Plumbing Fee Bylaw

9_LATE_Presentation

STAFF REPORTS

17.

Capital Regional District Arts and Culture Support Service Establishment Amendment Bylaw

--C. Coates, City Clerk

A report providing information and recommendations regarding the CRD Bylaw No. 4127, Arts and Culture Support Service Establishment Bylaw No. 1, 2001, Amendment Bylaw No. 4, 2017.

Recommendation:That Council advise the Capital Regional District that the City requests the Bylaw be amended to reduce the maximum Group 1 Participant contribution by the amount of the contributions of the Group 2 Participants .

1_Report_CRD Arts and Culture Support Service Establishment Amendment Bylaw

18.

Municipal Finance Authority Socially Responsible Investments Survey

--S. Thompson, Director of Finance

A report providing information and recommendations regarding investing in the potential MFA SRI Fund.

Recommendation:That Council: 1. Direct staff to respond to the Municipal Finance Authority Socially Responsible Investment Fund survey question 3. "What is the dollar amount your organization would be willing to invest in an SRI fund?" noting the City would be willing to invest up to $15 million in an SRI

fund, to represent a maximum of 10% of the City's investment portfolio balance, consistent with the current Investment Policy. 2. Direct staff to report back on any financial impacts if the new fund is created by the Municipal Finance Authority.

1_Report_MFA SRI Survey

2_Appendix A_City of Victoria Council motion from May 25, 2017

3_Appendix B_Socially Responsible Investing Panel Presentation March 29, 2017

4_Appendix C_May 25, 2017 report to Committee of the Whole on the MFA survey

NOTICE OF MOTIONS

NEW BUSINESS

19.

My Place Shelter Summary

--Councillor Thornton-Joe

A verbal Councillor sharing regarding the My Place Shelter.

Deferred to the June 22, 2017 Committee of the Whole Meeting

20.

Late Item:Council Member Motion: Urban Development Institute Tour of Austin Texas

--Councillor Lucas

A Council Member motion providing recommendations regarding a conference attendance request for the Urban Development Institute Tour of Austin Texas.

1_Motion_Conference Attendance Request Urban Development Institute Tour of Austin Texas

2_Attachment_Spreadsheet on Conference Budget

21.

Late Item:Correcting the Zoning of Residential Strata Buildings in Downtown Victoria

--Councillors Isitt, Loveday & Thornton-Joe

Correcting the Zoning of Residential Strata Buildings in Downtown Victoria

ADJOURNMENT OF COMMITTEE OF THE WHOLE

CONVENE COUNCIL MEETING

MOTION TO CLOSE THE JUNE 15, 2O17 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;

•         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;

•         Section 90 (2)(b)the consideration of information received and held in confidence relating to negotiations between the municipality 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.

APPROVAL OF CLOSED AGENDA

READING OF CLOSED MINUTES

1.

Minutes from the closed Meeting held May 18, 2017

UNFINISHED BUSINESS

CORRESPONDENCE

NEW BUSINESS

2.

Legal Advice

--T. Zworski, City Solicitor

3.

Appointment / Intergovernmental Relations

--Councillor Alto & Mayor Helps

4.

Appointment

--C. Coates, City Clerk

5.

Land

--J. Jenkyns, Deputy City Manager

--T. Zworski, City Solicitor

Late Item: Report

6.

Late Item:Legal Advice

--C. Coates, City Clerk

7.

Late Item: Intergovernmental Negotiations

8.

Employee Relations

--Mayor Helps

CONSIDERATION TO RISE & REPORT

ADJOURNMENT