City of Colwood Minutes of the Planning and Land Use Committee Meeting Colwood City Hall Council Chambers Wishart Road

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1 City of Colwood Minutes of the Planning and Land Use Committee Meeting Colwood City Hall Council Chambers Wishart Road File: Date: PLA Tuesday, August 21, 2012 at 7:00 pm Committee Adoption: Tuesday, September 17, 2012 To Council: Monday, October 9, 2012 PRESENT ATTENDING REGRETS Chair Vice-Chair Members Deputy Director of Planning Planning Assistant I Councillor Shari Lukens Councillor Teresa Harvey Ron Coutre Bruce Morrison Iain Bourhill Louise Gordon 1. APPROVAL OF THE AGENDA Committee Chair, Councillor Shari Lukens informed the members that one of the League Assets-Capital City Centre representatives has been postponed and they requested their application Item 5.2, be delayed to a later item on the agenda, if necessary. MOVED BY: MEMBER RON COUTRE That the agenda be adopted as amended, if necessary. 2. ADOPTION OF MINUTES That the Minutes of the Planning and Land Use Committee meeting of Tuesday, July 17, 2012 be adopted as presented. City of Colwood 3300 Wishart Road Colwood BC V9C 1R1 P: F: E: planning@colwood.ca Web:

2 Minutes of the Planning and Land Use Committee Meeting Page 2 of 7 3. UPDATE-DIRECTOR OF PLANNING No updates to report. 4. OLD BUSINESS 4.1 Report Iain Bourhill, Deputy Director of Planning Rezoning Application-RZ-05-12/C8A Text Amendment Dave Echaiz-McGrath BC Ltd. 324 Goldstream Avenue ( /18561) Iain Bourhill, Deputy Director of Planning explained to the members that in July the applicant requested a text amendment to add live/work studios as a permitted use of the Towncentre Mixed Use A (C8A) Zone and Council approved the Committee recommendation, supporting the amendment. However, after further discussions with staff and BC Assessment the developers of 324 Goldstream also wish to revise Section 7.5D.03 by reducing the required minimum ground floor commercial floor space by approximately 59%, reducing the minimum ground floor space from 825.2m 2 to 490m 2 and the minimum required second storey commercial floor space from 825.2m 2 to 180m 2, retaining the addition of the live/work studio to the list of permitted uses, all in an effort to provide greater flexibility of how the site can be developed. Iain concluded that staff is not opposed to the additional request, as the key ground floor commercial units fronting onto Goldstream Avenue would be retained and the development is subject to a development permit to control architectural form and character. Applicant, Dave Echaiz-McGrath Wensley Architecture informed the members that initially there was some confusion over the residential/commercial definition and their desire is to create a development that will complement Goldstream Avenue area, as permitted according to the Official Community Plan and City Centre designations. Jim Blank 338 Goldstream Avenue expressed his concern about the type of commercial operation that would be permitted in the live/work units, worried that a pottery, glass blowing or glazing studio that uses extremely hot kilns/ovens would increase the chances of fire and air pollutants He requested that the Fire Department be kept informed in the event that any of these types of operations are permitted to be located in the development. Iain Bourhill reviewed definitions of home/occupation and live/work from the Land Use Bylaw noting that the operations may be limited to a smaller scale but may be permitted on a larger scale in the areas designated as commercial. Iain added that self-cleaning ovens operate at extremely high temperature.

3 Minutes of the Planning and Land Use Committee Meeting Page 3 of 7 Councillor Shari Lukens explained that all departments are informed of any new business applications and given the opportunity to review and comment if necessary. Member Ron Coutre confirmed with Iain Bourhill that permitted uses for live/work studios and permitted uses for designated commercial units are defined in the Land Use Bylaw. Ron suggested that a not less than and not greater than component be used when defining the floor space area to ensure more flexibility for the developer. MOVED BY: MEMBER RON COUTRE A. That a text amendment bylaw be prepared to amend Section 7.5D.03 of the Land Use Bylaw to reduce the required minimum ground floor commercial floor space from m 2 to 490 m 2 and the minimum required second storey commercial floor space from m 2 to 180 m 2. AND B. That a text amendment bylaw be prepared to add Live/Work Studios to the list of uses permitted in the Towncentre Mixed Use A (C8A) Zone. AND C. That the text amendment bylaw includes provisions to require ground floor commercial uses only in any future units fronting onto Goldstream Avenue. 5. NEW BUSINESS 5.1 Report Richard Walker, Planning Technician Development Variance Permit - DVP Dave Vidalin-Goldstream Projects Ltd. ( /18372) Iain Bourhill Deputy Director of Planning gave a brief overview of the application stating that the applicant is requesting to vary Section 4(a) of the Colwood Sign Bylaw No. 60 to permit an already erected 7.3m x 3.7m temporary project marketing sign. Iain added that the sign will remain erected until completion of the lease or sale of the property scheduled, being developed as the Landmark, a mixed-use site consisting of up to 100 residential and commercial units, proposed for the site currently known as 468 Goldstream Avenue. The applicant was not in attendance to offer comment. No comments or questions were stated by the public.

4 Minutes of the Planning and Land Use Committee Meeting Page 4 of 7 Member Bruce Morrison acknowledged the need for a revised sign bylaw. Bruce felt that the type of signage for the development is not inappropriate for the type of project. Bruce proposed that if possible, staff find a way to allow signage to be permitted, based on the size and cost of the development, as a way to validate large marketing signs. Member Ron Coutre requested clarification from Iain Bourhill concerning the Fire Departments comments stating no objection to the sign, but require the appropriate Whitehead Place addressing for the development be reflected on the proposed sign and all marketing materials. Iain Bourhill explained that access to the proposed development will be from Whitehead Place but the Colwood Dairy Farm is intended to be accessed from and addressed as 468 Goldstream. The members recognized and agreed that that a revised sign bylaw is needed and received comment from Iain that now there s sufficient staff in the department, he is optimistic that the revised bylaw will be presented to the committee in October. MOVED BY: MEMBER RON COUTRE That Development Variance Permit DVP be authorized for issuance which would have the effect of varying the maximum allowable size of one unlighted temporary sign, pursuant to Section 4(a) of Sign Bylaw, 1988, No. 60, from 3.0 m 2 (32.3 ft 2 ) to 26.8 m 2 (288.0 ft 2 ) for the sign structure depicted in Figure 1 of the report dated August 14, 2012, located on the property described as Lot 24, Section 1, Esquimalt District, Plan 2574, except part in Plan (468 Goldstream Avenue). 5.2 Report Richard Walker, Planning Technician Development Variance Permit - DVP Don Garner-Colwood Sooke Developments Ltd. 1913/1917 Sooke Road-Capital City Centre ( /18438) Chair, Councillor Shari Lukens confirmed that the representative arrived and is ready to discuss their application. The agenda discussions will continue in the order initially proposed. Iain Bourhill Deputy Director of Planning gave a brief overview of the application stating that the applicant is requesting to vary Section 4(a) of the Colwood Sign Bylaw No. 60 to permit an already erected 9.75m x 3.66m temporary project marketing sign and a m temporary project hoarding sign, which will remain erected until completion of the lease or sale of the property being developed as the Capital City Centre

5 Minutes of the Planning and Land Use Committee Meeting Page 5 of 7 George Kallergis, Vice President, Residential Development League Financial Partners informed the members that the grand opening of the sales centre was held on Friday, August 16 th, as part of their aggressive marketing campaign, to help generate pre-sales. George added that the quality and scale of the signage is comparable to the size of the development, shielding the construction site and provides a safe comfortable environment for pedestrians and cyclist. Robert Crutch 1985 Colwood Crescent acknowledged that the signs have been up for some time prior to the meeting and received confirmation from the applicant that the signage along Colwood Crescent would continue through to Jerome Road. Member Bruce Morrison supported the application and reiterated the need for a revised sign bylaw. Bruce fully agreed that the signage provides a visually appealing barrier and protection for pedestrians and cyclists from the construction site. Member Ron Coutre supported the design, agreeing that it is visually appealing and confirmed with the applicant that none of the sight lines are compromised. Ron acknowledged that review of the sign bylaw should be high on the City s list of priorities. Robert Crutch, 1985 Colwood Crescent informed the members that in his experiences making left hand turns onto Sooke Road from Colwood Crescent has not proposed any issues regarding the sight lines. Chair, Councillor Shari Lukens supported the signage and confirmed with Iain Bourhill that the applicant should not be required to apply for any other variances, if additional signage is required, as the site should be grandfathered by the current application. That Development Variance Permit DVP be authorized for issuance which would have the effect of varying the maximum allowable size of temporary signage, pursuant to Section 4(a) of Sign Bylaw, 1988, No. 60, from 3.0 m 2 (32.3 ft 2 ) to m 2 ( ft 2 ) to accommodate the following signage: a) One lit temporary project marketing sign measuring 35.7 m 2 (384.3 ft 2 ) in size, as depicted in Appendix 2 of the report dated August 14, 2012, located adjacent to the intersection of Sooke Road and Colwood Crescent; and b) Unlit temporary project hoarding signage measuring m 2 ( ft 2 ) in size, as depicted in Appendix 1 & 3 of the report dated August 14, 2012, on the properties described as Lots 1 & 12, Section 1, Esquimalt District, Plan (1913 & 1917 Sooke Road).

6 Minutes of the Planning and Land Use Committee Meeting Page 6 of Report Richard Walker, Planning Technician Development Variance Permit - DVP Kim and Shaun Eden 305 Daniel Place ( /18599) Iain Bourhill Deputy Director of Planning gave a brief overview of the application stating that the applicant is requesting to vary Section (2) of Land Use Bylaw reducing the minimum allowable combined sideyard setback requirement, from 4.5m to 3.9m to accommodate the addition of an enclosed storage area already under construction, on the eastern side of an existing single-family dwelling. Kim Eden, applicant informed the members that they understood that a permit was not required because of the size of the enclosure. Kim admitted that they were in the process of building the enclosed storage area, when a Building Inspector, who was in the area on another matter, informed them that a permit was required and issued a stop work order. Kim presented seven signed letters of support from neighbouring homeowners or residents supporting their application and the enclosure. Russ Ridley, 2303 Sooke Road attended the meeting to speak on behalf of his parents Herbert and Eileen Ridley, 391 Daniel Place, expressing their support for the application as presented. Councillor Teresa Harvey discussed with Iain who confirmed that the building permit fees are calculated based on the cost of labour and materials. Member Ron Coutre stated that this is clearly a misunderstanding of the City s requirements and requested that no penalties be charged to the applicant concerning their application. Member Ron Coutre, Chair, Councillor Shari Lukens and Councillor Teresa Harvey all requested that the double permit fee penalty not be imposed because the applicant admitted they misunderstood the requirements and in no way intended to ignore any regulations. That Development Variance Permit DVP be authorized for issuance which would have the effect of varying the minimum allowable combined sideyard setback requirement, pursuant to Section (2) of Land Use Bylaw, 1989, No. 151, from 4.5m to 3.9m, for the purpose of allowing for the completion of the enclosed storage area (as photographed in Figure 1 and as shown in the Site Plan Sketch attached as Appendix 3, both included in the report dated August 14, 2012) on the property

7 Minutes of the Planning and Land Use Committee Meeting Page 7 of 7 described as Lot 10, Sections 36 & 37, Esquimalt District, Plan (305 Daniel Place). 6. NEXT MEETING DATE That the next Planning and Land Use Committee meeting is scheduled for 7:00 p.m. Tuesday, September 4, 2012 be CANCELLED and the next regular meeting be held Tuesday, September 18, 2012 or at the Call of the Chair. 7. ADJOURNMENT That the Committee rise at 7:58 p.m. and report progress to the Regular Meeting of Council scheduled for Monday, August 27, 2012 at 7:00 pm. CERTIFIED CORRECT APPROVED AND CONFIRMED Minutes-Planning and Land Use Committee Special Meeting