Planning, Zoning and Affordable Housing Committee Minutes — January 17, 2022

5. REPORTS

5.1 Addendum Report - Bylaw No. 1999 - Application to Rezone 2762, 2768, and 2774 Winster Road from R2 (One-and Two-Family Residential) to CC1 (City Centre) to Allow for a Six-Storey, 68-Unit Apartment Building.

MOVED BY: ICKOVICH
SECONDED: CREUZOT

THAT the Planning, Zoning, and Affordable Housing Committee recommend that Council:

1. Proceed with consideration of Bylaw No. 1999 to amend the zoning designation of 2762, 2768, and 2774 Winster Road from the R2 (One-and Two-Family Residential) to CC1 (City Centre) subject to the following terms and conditions:
   1. That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to the issuance of a building permit:
      1. $750 towards the Affordable Housing Reserve Fund; and
      2. $2,850 towards the General Amenity Reserve Fund.Subject to reductions depending on the use and height in accordance with the Affordable Housing and Amenity Contribution Policy.
   2. That the applicant provides, prior to Public Hearing, a technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering;
   3. That the applicant provides, prior to bylaw adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:
      1. That the developer registers a strata plan, prior to the issuance of an occupancy permit, that creates individual strata titles for each residential unit;
      2. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit;
   4. That the following are provided to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit:
      1. Frontage improvements;
      2. A storm water management plan; and
      3. A construction parking and traffic management plan;
   5. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space; and
      1. Energized outlets shall be labelled for the use of electric vehicle charging;
      2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
      3. The owner is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council may not prevent an owner, occupant, or tenant from installing the EV charging equipment.
2. Authorize the Director of Planning to issue a variance to reduce the northern interior side lot line setback from the required 3m to 1.5m for a stairwell within the Form and Character Development Permit for 2762, 2768, and 2774 Winster Road:

Motion CARRIED.

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5.2 Application to Rezone 661 Hoylake Avenue from R2 (One- and Two-Family Residential) to RT1 (Residential Townhouse 1) to allow for 6 townhouse units

MOVED BY: CREUZOT
SECONDED: HORNER

THAT the Planning, Zoning, and Affordable Housing Committee recommend that Council:

1. Consider proceeding with First Reading of Bylaw No. 2026 as drafted to amend the zoning designation of 661 Hoylake Avenue from R2 (One- and Two-Family Residential) to RT1 (Residential Townhouse 1), subject to the following conditions:
   1. That the owner agrees to provide, as a bonus for increased density, the following contributions per lot created, prior to Building Permit issuance:
      1. $3,660 towards the General Amenity Reserve Fund;
      2. $610 towards the Affordable Housing Reserve Fund;
2. That the applicant provides, prior to Public Hearing, a technical memo from an engineer that verifies stormwater can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering;
3. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:
   1. That all frontage improvements to Bylaw 1000 standards, inclusive of the construction of a sidewalk, streetlights, scallop parking, and boulevard planting on Hoylake Avenue, and formalization of the road edge parking on Belair Road, are provided to the satisfaction of the Director of Engineering, prior to the issuance of a building permit;
   2. That a Stormwater Management Plan be provided and all required measures recommended be implemented by the owner to the satisfaction of the Director of Engineering, prior to the issuance of a building permit;
   3. That a Construction Parking Management Plan be provided to the satisfaction of the Director of Engineering prior to any alteration of the land.
4. Authorize the Director of Planning to issue the following setback variances within the form and character development permit:
   1. That Section 6.28.07(1)(c) of Zoning Bylaw No. 300 be varied to reduce the exterior side lot line setback from the required 3.5 m to 0.88 m; and
   2. That Section 6.28.07(d) of Zoning Bylaw No. 300 be varied to reduce the rear lot line setback from the required 5.5 m to 1.2 m, subject to the following condition:
      1. That the interior side lot line have a minimum setback requirement of 5.5 m.

Motion CARRIED.

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5.3 Application to allow Opal Cannabis Corp. to operate a Cannabis Retail Store at #107 797 Goldstream Ave. by means of a Temporary Use Permit.

THAT the Planning, Zoning and Affordable Housing Committee recommend to Council:

Whereas: A. The non-medicinal use of cannabis and cannabis related products has historically been prohibited by federal law in Canada and, as a result, has historically been prohibited by the City under its Zoning Bylaw No. 300.
B. On October 17, 2018, the Federal Government legalized the non-medicinal use of cannabis and cannabis products;
C. The Federal Government and the Provincial Government have developed a regulatory framework for the retail sale of cannabis and cannabis products for non-medicinal use;
D. The City wishes to authorize the retail sale of cannabis and cannabis products within its boundaries, but recognizes that there are challenges associated with it doing so;
E. The City issued the Request for Proposals for the Retail Sales of Cannabis and Cannabis Related Products to seek proposals from individuals and organizations interested in undertaking the retail sale of cannabis and cannabis products for non-medicinal use within the City’s boundaries, and required that proposals include details as to how the challenges with the retail sale of cannabis and cannabis products would be addressed;
F. The City received and reviewed over 30 proposals in response to the Request For Proposals, and identified Opal Cannabis Corp. proposal as one that best addressed the challenges with the retail sale of cannabis and cannabis products; and
G. Opal Cannabis Corp. is committed to assisting the City and taking positive steps to address the challenges with the retail sale of cannabis and cannabis products,

Subject to an occupancy permit for the tenant improvement to #107-797 Goldstream Avenue being issued by the City;

MOVED BY: HORNER
SECONDED: ICKOVICH

THAT the Planning, Zoning and Affordable Housing Committee recommend to Council:

1. That Council direct staff to prepare notices of Council’s intention to consider issuance of a Temporary Use Permit TUP21-0005 Opal Cannabis Corp. to operate a Cannabis Retail Store at #107-797 Goldstream Avenue, subject to the terms and conditions in the Temporary Use Permit.

Motion CARRIED.

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5.4 Application to Rezone 902 Walfred Road from Rural Residential 5 (RR5) to Residential Small Lot 1 (RS1) to accommodate an 13-lot bare land strata subdivision.

MOVED BY: CREUZOT
SECONDED: ICKOVICH

THAT the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Proceed with consideration of Bylaw No. 2030 to amend the zoning designation of 902 Walfred Road from the RR5 (Rural Residential 5) Zone to the RS1 (Residential Small Lot 1) Zone subject to the following terms and conditions:

2. That the applicant provides, as a bonus for increased density, the following contributions per lot prior to subdivision approval:

   1. $600 (Small Lot) towards the Affordable Housing Fund;
   2. $1,000 (Single Family – 550 m2 or more) towards the Affordable Housing Fund;
   3. $3,960 (Small Lot) towards the General Amenity Fund; and
   4. $6,000 (Single Family – 550 m2 or more) towards the General Amenity Fund.
   5. That, prior to Public Hearing, the applicant provides a technical memo from an engineer that verifies stormwater can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineer;
   6. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees:
      1. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to subdivision approval or the issuance of a building permit, whichever is first:
         1. Full frontage improvements; and
         2. A storm water management plan;
      2. That a Construction Parking and Traffic Management Plan be provided to the satisfaction of the Director of Engineering prior to any alteration of the land;
      3. That vegetation within the road allowance on Walfred Road should be retained. If any vegetation is removed, the applicant is required to replant the area and provide a temporary irrigation system from a private irrigation system to the satisfaction of the Manager of Parks
      4. That a non-disturbance covenant be registered over 31% of the land to be protected as open space on strata common property prior to subdivision approval, to the satisfaction of the Approving Officer;

Motion CARRIED.

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5.5 Application to Rezone 2822, 2824, and 2828 Jacklin Road from the One- and Two-Family Residential (R2) Zone to the City Centre Pedestrian (CCP) Zone to Allow for the Development of a 12-Storey Mixed Use Building

Committee member Jenn Raappana left the meeting at 7:45 pm due to a perceived conflict of interest with item 5.5, as she lives nearby.

MOVED BY: ICKOVICH
SECONDED: CREUZOT

THAT the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Proceed with consideration of Bylaw No. 2032 to amend the zoning designation of the properties located at 2822, 2824, and 2828 Jacklin Road from the One- and Two-Family Residential (R2) Zone to Area 2 of the City Centre Pedestrian (CCP) Zone, subject to the following terms and conditions:

2. That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit:

   1. $750 towards the Affordable Housing Fund; and subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height.
   2. That the applicant provide, as a bonus for increased density, the following contributions per square meter, prior to issuance of a building permit:
      1. $10.75 towards the General Amenity Reserve Fund.
   3. That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering:
      1. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed development.
   4. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:
      1. That the three subject properties be consolidated prior to issuance of a Development Permit for Form and Character;
      2. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building that ensures parking is allocated to each unit and for visitors as required by the zoning bylaw, and is not provided in exchange for compensation separate from that of a residential unit;
      3. That no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;
      4. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space, and that:
      5. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
      6. The owner/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment
   5. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit:
      1. Frontage improvements;
      2. A storm water management plan; and
      3. A construction parking management plan.

Motion CARRIED.

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6. ADJOURNMENT

MOVED BY: SEATON
SECONDED: CREUZOT

The Chair adjourned the meeting at 8: 16 pm.
Motion CARRIED.

Presiding Council Member

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