Victoria City Council - 10 Aug 2017 - Agenda - Html

Cover Image

 

UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF THURSDAY, AUGUST 10, 2017, AT 6:30 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.

READING OF MINUTES

 

 

1.

Minutes from the daytime meeting held July 13, 2017

 

DRAFT_2017_07_13_Daytime

 

 

 

2.

Minutes from the evening meeting held July 13, 2017

 

DRAFT_2017_07_13_Evening

 

 

 

3.

Minutes from the daytime meeting held July 20, 2017

 

DRAFT_2017_07_20_Daytime

 

 

 

4.

Addenda

Late Item: Minutes from the special daytime meeting held July 27, 2017

 

DRAFT_2017_07_27_Spec Daytime

 

 

 

5.

Addenda

Late Item: Minutes from the daytime meeting held July 27, 2017

 

DRAFT_2017_07_27_Daytime

 

 

C.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Lisbie Rae: Reaching the $1 Million Milestone in Fundraising for the Grandmothers to Grandmothers Campaign

 

 

2.

France Cormier: International Right of Children (Mt. Edwards Court)

 

 

3.

Addenda

Late Item: Kam Lidder: 2022 Commonwealth Games Bid Proposal

 

 

4.

Addenda

Late Item: Wayne Hollohan: Council Motions

 

 

5.

Addenda

Late Item: Eva Patenaude: Rezoning

 

 

6.

Addenda

Late Item: Shelley Campbell: Mount Edwards Court - questions not asked

 

D.

PROCLAMATIONS

 

 

1.

"Grandmothers to Grandmothers Day" - September 10, 2017

 

Grandmothers to Grandmothers Day

 

 

 

2.

"Grandparents Raising Grandchildren Week" - September 10 to 16, 2017

 

Grandparents Raising Grandchildren Week

 

 

 

3.

Addenda

Late Item: "International Overdose Awareness Day" - August 31, 2017

 

International Overdose Awareness Day

 

 

E.

PUBLIC AND STATUTORY HEARINGS

 

1.

Development Permit Application with Variances No. 00037 for 1025, 1029, 1035, and 1075 Tolmie Avenue

 

Council is considering an application to subdivide the site into seven small lots and one panhandle lot to construct eight single-family dwellings.

 

 

a.

Addenda

Hearing

Development Permit with Variances No. 00037

The Council of the City of Victoria will consider issuing a Development Permit with Variances for the land known as 1025, 1029, 1035 and 1075 Tolmie Avenue, in Development Permit Area 15A: Intensive Residential – Small Lot and Development Permit Area 15B: Intensive Residential – Panhandle Lot, for purposes of subdividing the site into seven small lots and one panhandle lot and constructing eight single family dwellings.

 

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

 

         Lot 2: Part 1.23.8 (a) reduce the minimum front setback from 6.00m to 5.40m

         Lot 3: Part 1.23.8 (a) reduce the minimum front setback from 6.00m to 5.54m

         Lot 5: Schedule C - permit required 7.0m drive aisle to project onto adjacent property (Lot 6)

         Lot 6: Schedule C - permit required 7.0m drive aisle to project onto adjacent property (Lot 5)

         Lot 7: Schedule C - permit required 7.0m drive aisle to project onto adjacent property (Lot 8)

         Lot 8: Schedule H (4.a) - reduce the side setback (south) from 7.50m to 5.31m

Schedule H (4.b) - reduce the side setback (north) from 4.00m to 2.75m.

 

Legal description of the land:

         The Easterly ½ of Lot 37, Section 4, Victoria District, Plan 796

         The Westerly ½ of Lot 37, Section 4, Victoria District, Plan 796

         Lot F, Section 4, Victoria District, Plan 1526

         Lot G, Section 4, Victoria District, Plan 1526

 

Late Item: Correspondence

 

1_DPV 00037_1025, 1029, 1035, and 1075 Tolmie Avenue_June 22, 2017 COTW Report

2_DPV 00037_Correspondence

3_LATE_DPV 00037_Correspondence

 

 

 

 

Close of Hearing - 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. 00037 for 1025, 1029, 1035 and 1075 Tolmie Avenue, in accordance with:

  1. Plans date stamped April 7, 2017.
  2. Development meeting all Zoning Regulations Bylaw requirement, except for the following variances:
    1. Lot 2
      1. reduce the front setback from 6.00m to 5.40m;
    2. Lot 3
      1. reduce the front setback from 6.00m to 5.54m;
    3. Lot 5
      1. permit required 7.0m drive aisle to project onto adjacent property (Lot 6);
    4. Lot 6
      1. permit required 7.0m drive aisle to project onto adjacent property (Lot 5);
    5. Lot 7
      1. permit required 7.0m drive aisle to project onto adjacent property (Lot 8);
    6. Lot 8
      1. reduce the side setback (south) from 7.50m to 5.31m;
      2. reduce the side setback (north) from 4.00m to 2.75m.
  3. The Development Permit lapsing two years from the date of this resolution.
  4. Prior to the issuance of a building permit the appropriate encroachment agreement be executed to the satisfaction of the Director of Sustainable Planning and Community Development."

 

2.

Development Variance Permit Application No. 00108 and Development Permit Application No. 000265 for 1120 Faithful Street

 

Council is considering an application to subdivide the existing lots to create a panhandle lot and the construction of a new single-family dwelling on the panhandle lot, while retaining the existing duplex.

 

 

a.

Hearing

Development Variance Permit Application No. 00108

The City of Victoria will be considering the issuance of a Development Variance Permit for the land known as 1120 Faithful Street for the purpose of varying certain requirements of the Zoning Regulation Bylaw namely: reducing the required setback from the rear property line (north) for the existing house from 7.5m to 1.96 m. This setback reduction is required due to the creation of a new lot the subdivision of a panhandle lot in the rear of the property.

 

Legal description of the land: Lots 5 and 6, Plan 1095, Fairfield Farm Estate, Victoria City

 

1_DVP 00108_1120 Faithful Street_Update Report_Protected Trees

2_DVP 00108 & DP 000265_1120 Faithful Street_March 16, 2017 COTW Report

3_DVP 00108 & DP 000265_Correspondence

 

 

 

  

Close of Hearing - 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. 00108 for 1120 Faithful Street for the existing house (duplex), subject to its Heritage Designation, and in accordance with:

 

  1. Plans date stamped December 12, 2016.
  2. Development meeting all R1-B Zone, Single Family Dwelling District requirements, except for the following variance: to reduce the rear yard setback (north) from 7.5m to 1,96m for the existing house.
  3. The Development Variance Permit lapsing two years from the date of this resolution.

 

 

c.

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

 

That Council authorize the issuance of Development Permit Application No. 000265 for 1120 Faithful Street for the subdivision of the panhandle lot and subsequent construction of a single-family dwelling, subject to the Heritage Designation of the existing house, and in accordance with:

 

  1. Plans date stamped December 12, 2016.
  2. Development meeting all Zoning Regulation Bylaw requirements.
  3. Provision of an updated site servicing plan to include direct servicing to the street and details of a floating driveway construction methodology, to the satisfaction of City staff.
  4. Provision of revised plans to show the removal of the boulevard tree to the east of the property, to the satisfaction of City staff.
  5. The Development Permit lapsing two years from the date of this resolution.

 

 

d.

Subsequent Motion: Subject to Council approval of the Development Permit and Development Variance Permit, Council consider the following motion:

 

That the applicant for 1120 Faithful Street make the required application for Heritage Designation of the existing house, and the above noted permits not be issued until the Heritage Designation is complete.

 

3.

Rezoning Application No. 00487 and Development Permit Application No. 000434 for 1144, 1148, 1152, and 1154 Johnson Street and 1406 Chambers Street

 

Council is considering an application to permit a 6-storey, 48 residential unit building.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00487

To rezone the land known as 1144, 1148, 1152 and 1154 Johnson Street and 1406 Chambers Street from the R3-1 Zone, Multiple Dwelling District to the URMD Zone, Urban Residential Multiple Dwelling District, to permit a six-storey multiple dwelling.

 

New Zone: URMD Zone, Urban Residential Multiple Dwelling District

 

Legal descriptions:

Lot 1038, Victoria City

 

Lot B, District Lot 1037, Victoria City, Plan 8773

 

That Part of Lot 1036, Victoria City, Lying to the West of Parcel “A” (DD 68545-I) of Said Lot and to the South of the Production Westerly of the Northerly Boundary of Said Parcel “A”

 

Parcel “A” (DD 68545-I) of Lot 1036, Victoria City

 

Lot A, District Lots 1036 and 1037, Victoria City, Plan 8773

 

Existing Zone: R3-1 Zone, Multiple Dwelling District

 

Late Item: Correspondence

 

1_Rezoning 00487 & DP 000434_1144-1154 Johnson Street and 1406 Chambers Street_July 27, 2017 Council Update Report

2_LATE_Rezoning 00487 & DP 000434_Correspondence

 

 

 

b.

Development Permit with Variances Application No. 000434

The Council of the City of Victoria will also consider issuing a development permit for the land known as 1144, 1148, 1152, and 1154 Johnson Street and 1406 Chambers Street, in Development Permit Area 16: General Form and Character for the purposes of approving the exterior design and finishes for the multiple dwelling as well as landscaping.

 

The Development Permit will vary the following requirement of the Zoning Regulation Bylaw, URMD Zone, Urban Residential Multiple Dwelling District:

         reduce the rear yard setback from 10.0m to 9.15m.

 

 

 

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. 1108) No. 17-075

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1108) No. 17-075

 

 

 

d.

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. 1108) No. 17-075
  2. Housing Agreement (1144, 1148, 1152, and 1154 Johnson Street and 1406 Chambers Street) Bylaw (2017) No. 17-076

 

Housing Agreement (1144, 1148, 1152, and 1154 Johnson Street and 1406 Chambers Street) Bylaw (2017) No. 17-076

 

 

 

e.

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. 00434 for 1144, 1148, 1152 and 1154 Johnson Street and 1406 Chambers Street, in accordance with:

 

  1. Plans date stamped March 24, 2017
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. Part 3.112.5: reduce the rear yard setback from 10.0m to 9.15m;
  3. The Development Permit lapsing two years from the date of this resolution.

 

4.

Rezoning Application No. 00523 for 1250 Dallas Road

 

Council is considering an application to convert an existing four unit house conversion into five legal units.

 

 

a.

Addenda

Public Hearing

Rezoning Application No. 00523

To rezone the land known as 1250 Dallas Road from the R1-B Zone, Single Family Dwelling District, to the R1-41 Zone, Dallas Restricted Conversion District, to permit a five unit house conversion.

 

New Zone: R1-41 Zone, Dallas Restricted Conversion District

 

Legal description: Common Property, Fairfield Farm Estate, Victoria City, Strata Plan VIS1628

 

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

 

Late Item: Correspondence

 

1_Rezoning 00523_1250 Dallas Road_April 6 & 20, 2017 COTW Reports

2_LATE_Rezoning 00523_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. 1099) No. 17-046

 

Zoning Regulation Bylaw, Amendment Bylaw (No. 1099) No. 17-046

 

 

 

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. 1099) No. 17-046
  2. Housing Agreement (1250 Dallas Road) Bylaw (2017) No. 17-074

 

Housing Agreement (1250 Dallas Road) Bylaw (2017) No. 17-074

 

 

F.

REQUESTS TO ADDRESS COUNCIL

 

 

1.

Addenda

Late Item: Emory Haines: Mt. Edwards

 

G.

UNFINISHED BUSINESS

 

1.

Rise and Report from Closed Meeting for Information

 

There are no Rise & Reports for this meeting.

 

H.

REPORTS OF COMMITTEES

 

1.

Committee of the Whole

 

 

a.

Report from the August 3, 2017 COTW Meeting

 

2017_08_03_COTW_Report

 

 

 

b.

Addenda

Report from the August 10, 2017 COTW Meeting

 

Late Item: Report

 

2017_08_10_COTW_Report

 

 

I.

NOTICE OF MOTIONS

 

J.

BYLAWS

 

 

1.

Bylaw for Rezoning Application No. 00572 for 853 Cormorant Street

A report recommending first and second readings of Bylaw No. 17-069.

Bylaw Introduction Report_Bylaw No. 17-069

 

 

 

a.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1106) No. 17-069

A bylaw to rezone the land known as 853 Cormorant Street to the CA-81 Zone, Central Area Commercial (Cannabis) District.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-069.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1106) No. 17-069

 

 

 

2.

Bylaw for Rezoning Application No. 00520 for 3031 Jackson Street

A report recommending first readings of Bylaw No. 17-082. The report also proposes a new motion, to reflect the changes to the applications.

Update Report & Bylaw Introduction Report_Bylaw No. 17-082

 

 

 

a.

Development Permit with Variances Application No. 000475 Motion:

An updated motion to reflect changes to the application, with the updates noted in bold.

 

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. 00520, if it is approved, consider the following motion:

 

"That Council authorize the issuance of Development Permit with Variances Application No. 000475 for 3031 Jackson Street, in accordance with:

 

  1. Plans date stamped June 12, 2017.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. reduce site width from 75.00m to 53.17m
    2. reduce front setback from 7.50m to 7.00m
    3. reduce the rear setback from 7.50m to 6.00m (to Unit 10) and to 6.60m (to Units 8 and 10)
    4. reduce the side setback (north) from 7.50m to 2.44m (to Unit 5) and to 3.00m (to Units 6 and 7) and to 7.19m (to Unit 6)
    5. reduce building separation space from 7.5m to 5.76m between Unit 2 and Unit 4; and to 6.81m between Unit 7 and Unit 8
    6. reduce the minimum distance between Attached Dwellings from 10.00m to 6.81m between Unit 7 and Unit 8; and from 15.00m to 7.60m between Unit 3 and Unit 10; and from 10.00m to 3.43m between Unit 2 and Unit 4.
  3. Retention of an International Society of Arboriculture certified arborist during construction to ensure the tree protection plan is followed.
  4. The Development Permit lapsing two years from the date of this resolution."

 

 

b.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1111) No. 17-082

A bylaw to rezone the land known as 3031 Jackson Street to the R-J Zone, Low Density Attached Dwelling District.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-082.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1111) No. 17-082

 

 

 

3.

Bylaw for Rezoning Application No. 00554 for 345 Quebec Street

A report recommending first readings of Bylaws No. 17-085 and No. 17-089. The report also provides an updated motion regarding the requirement of a legal agreement.

Update Report & Bylaw Introduction Report_Bylaw No. 17-085 & No. 17-089

 

 

 

a.

Rezoning Application No. 00554 Motion:

An updated motion to reflect the need for a legal agreement, with the update noted in bold.

 

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. 00554, if it is approved and subjectto registration of a legal agreement on the property’s title, prior to final Bylaw adoption, ensuring the parking requirements of the Zoning Regulation Bylaw would be met, in the event the property is strata titled after the Housing agreement expires in 20 years, that Council consider the following motion:

 

“That Council authorize the issuance of Development Permit Application No. 000491 for 345 Quebec Street in accordance with:

  1. Plans dated June 5, 2017;
  2. Development meeting all Zoning Regulation Bylaw requirements;
  3. The Development Permit Lapsing two years from the date of this resolution.”

 

 

b.

Addenda

Zoning Regulation Bylaw, Amendment Bylaw (No. 1113) No. 17-085

A bylaw to rezone the land known as 345 Quebec Street to the R3-Q Zone, Quebec Street Multiple Dwelling District.

 

Recommendation: That Council give first and second readings to Bylaw No. 17-085.

 

Amended Item: Bylaw No. 17-085

AMENDED_Zoning Regulation Bylaw, Amendment Bylaw (No. 1113) No. 17-085

 

 

 

c.

Housing Agreement (345 Quebec Street) Bylaw (2017) No. 17-089

A bylaw to authorize an agreement for rental housing for the lands known as 345 Quebec Street.

 

Recommendation: That Council give first, second, and third readings to Bylaw No. 17-089.

Housing Agreement (345 Quebec Street) Bylaw (2017) No. 17-089

 

 

 

4.

Bylaw for Sidewalk Café Bylaw Update - Parklets

 

 

a.

Sidewalk Cafés Regulation Bylaw, Amendment Bylaw (No. 1) No. 17-081

A bylaw to add provisions with respect to the regulation of public parklets and update the fees.

 

Recommendation: That Council adopt Bylaw No. 17-081.

Sidewalk Cafés Regulation Bylaw, Amendment Bylaw (No. 1) No. 17-081

 

 

K.

CORRESPONDENCE

 

 

1.

Letter from the District of Highlands

A letter dated July 14, 2017 from the District of Highlands encouraging local governments in the Capital Regional District to forward a Climate Accountability Letter to the world's largest fossil fuel companies requesting they pay their fair share of costs associated with preparing for Climate Change.

Letter from the District of Highlands

 

 

 

2.

Addenda

Late Item: Letter from the Premier of British Columbia

A letter dated August 1, 2017 advising how to request a meeting with Premier John Horgan or a Cabinet Minister during this year's Union of British Columbia Municipalities (UBCM) Convention.

Letter from the Premier of British Columbia

 

 

L.

NEW BUSINESS

 

M.

QUESTION PERIOD

 

N.

CLOSED MEETING

 

 

1.

Addenda

Late Item: MOTION TO CLOSE THE AUGUST 10, 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)(c) labour relations or other employee relations.

 

O.

CONVENE CLOSED COUNCIL MEETING

 

P.

APPROVAL OF CLOSED AGENDA

 

Q.

NEW BUSINESS

 

 

1.

Addenda

Late Item: Employee Relations

--Mayor Helps

 

R.

ADJOURNMENT

 

No Item Selected