Rise and Report - 2020 Committee Appointments

At its May 25, 2020 In Camera meeting, Council made the following
appointments to Committees for the terms indicated below:

Environmental Advisory Committee:
Meredith James 2 years - July 1, 2020 to June 30, 2022
Francois Brassard 2 years - July 1, 2020 to June 30, 2022
Eleanor Calder 2 years - July 1, 2020 to June 30, 2022

Advisory Planning Commission Design Review Committee:
Xeniya Vins 2 years - July 1, 2020 to June 30, 2022

Email from MNP LLP Re: Province Seeking Local Government Feedback on Trail Priorities

Moved by Councillor Morrison, seconded by Councillor Brame: That Council direct staff to forward the communications from Kathleen Van Ekris, Manager, Consulting Services, MNP LLP, dated May 27, 2020, Re: Province Seeking Local Government Feedback on Trail Priorities to the Parks and Recreation Advisory Committee and the Environmental Advisory Committee for members to complete the survey as referenced in the correspondence.  Carried Unanimously.

Email from Liquor and Cannabis Regulation Branch Re: Policy Directive - Temporary Expanded Service Area Authorization

Moved by Councillor Armour, seconded by Councillor Morrison: That Council review and approve all individual requests for liquor primary and manufacturer expansions prior to licensees submitting their applications to the Liquor and Cannabis Regulation Branch as outlined in Council Policy No. ADMIN-53 "Amendment to Existing Liquor License".  Carried Unanimously.

Staff Report No. DEV-20-029

Moved by Councillor Armour, seconded by Councillor Morrison: That Council authorize the Mayor and Chief Administrative Officer to execute the Section 219 Covenant (Appendix “A”) that would link the two proposed lots (Appendix B”) until the Comprehensive Development Zone No. 114 [CD No. 114] (Appendix “C”) is amended to allow a density of three (or more) dwelling units in the zone or the existing suite has been removed.  Carried Unanimously.

Staff Report No. DEV-20-027

Moved by Councillor Morrison, seconded by Councillor Brame: That Council approves Development Variance Permit No. DVP00101 [Appendix A] including the following variances to Zoning Bylaw, 1992, No.2050, and staff be directed to issue the permit and register the notice on the title of the property located at PID 006-375-324, Lot 59, Suburban Lot 37, Esquimalt District, Plan 2854 [eastern lot at 1336 Wood Street]:
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(a)(ii) - Side Setback: to reduce the total Setback of all Side Yards not less than 3 metres instead of the currently required 4.5 metres.  Carried Unanimously.

Staff Report No. DEV-20-026

Moved by Councillor Morrison, seconded by Councillor Armour: That Council approves Development Variance Permit No. DVP00100 [Appendix A] including the following variances to Zoning Bylaw, 1992, No.2050, and staff be directed to issue the permit and register the notice on the title of the property located at PID 006-375-294, Lot 58, Suburban Lot 37, Esquimalt District, Plan 2854 [western lot at 1336 Wood Street]:
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(a)(ii) - Side Setback: to reduce the total Setback of all Side Yards not less than 3 metres instead of the currently required 4.5 metres.  Carried Unanimously.

Staff Report No. DEV-20-025

Moved by Councillor Armour, seconded by Councillor Morrison: That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan Amendment - Development Concept Plan, attached as Appendix ‘B’ to Staff Report No. DEV-20-025, detailing the proposed development at 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276] to those persons, organizations, and authorities identified in Appendix ‘A’ of Staff Report No. DEV-20-025.  Carried Unanimously.

Staff Report No. DEV-20-031

Moved by Councillor Armour, seconded by Councillor Morrison: Subject to any Ministerial Order, that Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2988 attached as Appendix A to Staff Report No. DEV-20-031, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 874 Fleming Street [PID 002-900-246, Lot B, Section 10, Esquimalt District, Plan 25267], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2988, from Multiple Family Residential [RM-4] to Comprehensive Development District No. 130 [CD. No.130], mail notices and advertise for same in the local newspaper.  Carried Unanimously.

Staff Report No. DEV-20-030

Moved by Councillor Helliwell, seconded by Councillor Brame: That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2994 attached as Appendix A to Staff Report No. DEV-20-030 which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1048 Tillicum Road [PID 005-010-390, Lot D, Section 10, Esquimalt District, Plan 11683], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2994, from Two Family Residential [RD-1] to Comprehensive Development District No. 132 [CD. No.132].  Carried Unanimously.

Staff Report No. FIN-20-010

Moved by Councillor Armour, seconded by Councillor Morrison: That Council receive and approve the Township’s audited financial statements for the year ending December 31, 2019 as attached to Staff Report FIN-20-010.  Carried Unanimously.

Staff Report No. FIN-20-009

Moved by Councillor Armour, seconded by Councillor Brame: That Council approve funding of $5000 to Rainbow Kitchen Society with funds allocated from the local grant account, as attached to Staff Report FIN-20-009.
Amendment Motion:
Moved by Councillor Hundleby, seconded by Councillor Vermeulen: That the Main Motion be amended to strike $5,000 and replace with $10,000.  Defeated. (Mayor Desjardins, Councillor Armour, Brame, and Morrison opposed)
The vote was taken on the Main Motion and declared Carried Unanimously.

2020 Committee Re-appointments from May 4, 2020, In Camera meeting

At its May 4, 2020 In Camera meeting, Council made the following
re-appointments to Committees, Commissions and Boards, for the terms
indicated below:

Parks & Recreation Advisory Committee:
Gillian Larsen 1 year - July 1, 2020 to June 30, 2021
Shona Redman 2 years - July 1, 2020 to June 30, 2022
Ben Barnes 2 years - July 1, 2020 to June 30, 2022
Lassah Johnson
Youth Rep - 1 year - July 1, 2020 to June 30, 2021

Environmental Advisory Committee:
Rebecca Wolf-Gage
Youth Rep - 1 year - July 1, 2020 to June 30, 2021

Advisory Planning Commission:
Michael Angrove - 2 years - July 1, 2020 to June 30, 2022
Helen Edley - 2 years - July 1, 2020 to June 30, 2022
Filippo Ferri - 2 years - July 1, 2020 to June 30, 2022
Marie Fidoe - 2 years - July 1, 2020 to June 30, 2022 

Moved by Councillor Morrison, seconded by Councillor Vermeulen:
1. That Council direct staff to prepare a letter of support in principle to Mayor Haynes in response to his letter dated March 11, 2020, Re: Invitation to Collaborate on BC Motor Vehicle Act Pilot Project; and
2. That Council request further details of the project.  Carried. (Councillor Hundleby opposed)

Moved by Councillor Brame, seconded by Councillor Hundleby: That Council consent to the CRD adopting Bylaw No. 4304, "Liquid Waste Management Core Area and Western Communities Service Establishment Bylaw No. 1, 1995, Amendment Bylaw No. 3, 2020.  Carried Unanimously.

Moved by Councillor Brame, seconded by Councillor Morrison: That Council direct staff to prepare a staff report providing clarity of the process to address concerns as outlined in the letter from Kate Hughes and various Esquimalt residents dated May 3, 2020.  Carried Unanimously.

Staff Report No. DEV-20-024

Moved by Councillor Brame, seconded by Councillor Hundleby: That Council resolves that Development Permit No. DP000130 [Appendix A of staff report DEV-20-024] authorizing the design of a two-family dwelling (duplex) to be constructed in accordance with the BCLS Site Plan prepared by Brent Mayenburg, Wey Mayenburg Land Surveying Inc., stamped “Received February 10, 2020”, is consistent with the architectural plans prepared by Adapt Design stamped “Received February 19, 2020”, and the landscape plan prepared by Small and Rossell, Landscape Architects Inc., stamped “Received February 4, 2020” be approved, and (subject to receipt of the required landscape security) staff be directed to issue the permit, and register the notice on the title of the property located at 469 Sturdee Street [PID 008-289-123, Lot 16, Suburban Lot 48, Esquimalt District, Plan 822].  Carried Unanimously.

Staff Report No. DEV-20-023

Moved by Councillor Morrison, seconded by Councillor Brame: That Council resolves that Development Permit No. DP000133 [Appendix A of staff report DEV-20-023] authorizing the design of the proposed six-unit residential building, consistent with the B.C. Land Surveyor’s Site Plan prepared by Summit Land Surveying stamped ‘Received Jan 28, 2020’, the architectural drawings prepared by Christine Lintott Architects, stamped ‘Received March 18, 2020’, and the landscape plan prepared by Imagine Garden Design and Landscapes stamped “Received March 18, 2020” be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277].  Carried Unanimously.
Moved by Councillor Brame, seconded by Councillor Vermeulen: That Council resolves that Development Variance Permit No. DVP00097 [Appendix B of staff report DEV-20-023] authorizing an increase to the permitted height for the proposed building consistent with the B.C. Land Surveyor’s Site Plan prepared by Summit Land Surveying stamped ‘Received Jan 28, 2020’, and the architectural drawings prepared by Christine Lintott Architects, stamped ‘Received March 18, 2020’’, and including the following relaxations to Zoning Bylaw 1992, No. 2050, be approved, and staff be directed to issue the permit and register the notice on the title of the property located 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277];
Zoning Bylaw 1992, No. 2050, Section 67.113, [CD No. 126], (6) Building Height: An increase to the permitted height of a building from 9.1 metres to 9.5 metres measured from grade to the midpoint between the eaves and the highest ridge, for a variance of 0.4 metres.  Carried Unanimously.

Staff Report No. DEV-20-025

Moved by Councillor Brame, seconded by Councillor Armour: 1.  That Council resolves to rescind second reading, amend, and read anew a second time Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2965, attached to Staff Report DEV-20-025 as Appendix B, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 616 Constance Avenue [PID 000-713-465  Lot 95, Suburban Lot 44, Esquimalt District, Plan 2854], 620 Constance Avenue [PID 000-819-832 Lot 4, Suburban Lot 44, Esquimalt District, Plan 3135], 619 Nelson Street [PID 006-393-608 Lot 84, Suburban Lots 44 and 45, Esquimalt District, Plan 2854], 623 Nelson Street [PID 006-278-647 Lot 3, Suburban Lot 44, Esquimalt District, Plan 3135], and 1326 Miles Street [PID 006-375-723 Lot 96, Suburban Lot 44, Esquimalt District, Plan 2854] + [PID 006-375-693 Lot 85, Suburban Lot 44, Esquimalt District, Plan 2854], all shown cross hatched on Schedule ‘A’ of Bylaw No. 2965, from RM-1 [Multiple Family Residential] to CD No. 121 [Comprehensive Development District No. 121];
2. Subject to any Ministerial Order, that Council authorizes the Corporate Officer to schedule a Public Hearing for Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 2964 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2965, mail notices and advertise for same in the local newspaper; and
3.  That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-20-025, the applicant has voluntarily agreed to register a Section 219 Covenant on the titles of 616 Constance Avenue [PID 000-713-465  Lot 95, Suburban Lot 44, Esquimalt District, Plan 2854], 620 Constance Avenue [PID 000-819-832 Lot 4, Suburban Lot 44, Esquimalt District, Plan 3135], 619 Nelson Street [PID 006-393-608 Lot 84, Suburban Lots 44 and 45, Esquimalt District, Plan 2854], 623 Nelson Street [PID 006-278-647 Lot 3, Suburban Lot 44, Esquimalt District, Plan 3135], and 1326 Miles Street [PID 006-375-723 Lot 96, Suburban Lot 44, Esquimalt District, Plan 2854] + [PID 006-375-693 Lot 85, Suburban Lot 44, Esquimalt District, Plan 2854] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:
· Lot consolidation of 616 Constance Avenue, 620 Constance Avenue, 619 Nelson Street, 623 Nelson Street, and 1326 Miles Street prior to development as the proposed CD No.121 Zone does not work unless the parcels are consolidated
· Undergrounding of the electric power lines along Constance Avenue and Nelson Street adjacent to the subject property
· 8 affordable dwelling units
· 3 special needs dwelling units
· Group daycare for children
· Building to be designed and constructed to conform to the requirements of Step 4 (R2000) of the BC Energy Step Code
· The building be constructed to include a minimum of six 3-bedroom (or more) dwelling units
· Right of way in the southeast corner to allow for privately owned publicly accessible open space
· Right of way and public walkway between Constance Avenue and Nelson Street on the northern part of the subject property
· A minimum of 17 visitor parking spaces will be provided and remain
· 100 shares for a membership for a shared vehicle service for the residents
· 88 bus passes for one year for residents
· 2 operational automobiles to be owned and maintained by the owner of the building for sole use of the residents at the building owner’s expense.

Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the property title in priority to all financial encumbrances, and with Mayor and CAO authorized to execute said Covenant, prior to returning Amendment Bylaw No. 2964 and Amendment Bylaw No. 2965 to Council for consideration of adoption.  Carried. (Councillor Morrison opposed)

Staff Report No. FIN-20-006

All Present

Staff Report No. FIN-20-007

Email from T. Mark Miller, dated April 4, 2020, Re: Pirate Ship Morgana Daily Parade Proposal

Moved by Councillor Armour, seconded by Councillor Vermeulen: That Council approve funding of $50.00 to cover insurance costs for one day to help facilitate the Pirate Ship Morgana's Parade within Esquimalt.

Amendment Motion:
Moved by Mayor Desjardins, seconded by Councillor Morrison: That the Main Motion be amended to add "on Saturday May 9th, 2020, between the hours of 10am and 5pm."  Carried Unanimously.

The vote was taken on the Main Motion as amended and declared Carried Unanimously.

Moved by Councillor Brame, seconded by Councillor Morrison: That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2994, attached as Appendix A to Staff Report DEV-20-022, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1048 Tillicum Road [PID 005-010-390, Lot D, Section 10, Esquimalt District, Plan 11683], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2994, from Two Family Residential [RD-1] to Comprehensive Development District No. 132 [CD. No. 132], be given second reading.  Carried. (Councillor Hundleby opposed).

April 27, 2020 - Regular Council

Moved by Councillor Brame, seconded by Councillor Morrison:
That Council:
1. receive the Esquimalt Climate Emergency Response Report as attached to Staff Report No. DEV-20-021 for information;
2. refer the Report to the Environmental Advisory Committee (EAC) for review and comments;
3. refer the correspondence from Francois Brassard, Esquimalt Climate Organizers, dated April 26, 2020, regarding the Climate Emergency Response and the correspondence from Duncan Cavens dated April 27, 2020 regarding the Climate Emergency Response, to the Environmental Advisory Committee (EAC) for review and comments; and
4. direct staff to prepare a staff report for Council consideration incorporating the comments from the EAC and outlining the feasibility and cost implications associated with implementing the Report’s recommendations.  Carried Unanimously.

April 27, 2020 - Regular Council

Moved by Councillor Vermeulen, seconded by Councillor Morrison: That Council adopt the 2019 Esquimalt Fire Department Annual Report as attached to Staff Report FIRE-20-002.  Carried Unanimously.

Moved by Councillor Morrison, seconded by Councillor Hundleby:
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2994, attached as Appendix A to Staff Report DEV-20-019, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1048 Tillicum Road [PID 005-010-390, Lot D, Section 10, Esquimalt District, Plan 11683], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2994, from Two Family Residential [RD-1] to Comprehensive Development District No. 132 [CD. No. 132], be given first and second reading; and
2. That Council authorizes the Corporate Officer to schedule a public hearing for Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2994, and to advertise for same in the local newspaper.
3. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-20-019, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 1048 Tillicum Road [PID 005-010-390, Lot D, Section 10, Esquimalt District, Plan 11683] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:
• The existing buildings will only be used for their current uses prior to demolition,
• The number of dwelling units in the new development will remain at no more than five [5] units, as stated in Bylaw No. 2994,
• Three (3) visitor parking spaces will be provided and remain as illustrated in the Site Plan, SK-1, attached in     Appendix D of Staff Report DEV-20-019,
•  Installation of an electric vehicle charging station in each of the five [5] private garages and at each of the three [3] visitor parking spaces,
•  Installation of screening around the garbage and recycling area,
•  Installation of two visitor bicycle lockups within the parking area, and
• A constraint on the future strata corporation that the rental of the units will not be restricted.

To this end, Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 2994 to Council for consideration of adoption].

AMENDMENT MOTION:

Moved by Councillor Hundleby, seconded by Councillor Helliwell:  That the main motion be amended to strike parts (2) & (3) of the main motion and proceed with first reading only of Amendment Bylaw No. 2994.  Carried. (Councillors Armour & Morrison opposed)

The vote was taken on the Main Motion as amended and declared Carried Unanimously.

Moved by Councillor Helliwell, seconded by Councillor Vermeulen: 
1. That Council approves Development Permit No. DP 000137 [Appendix A] authorizing the accessory building addition as illustrated on the architectural drawings prepared by T-Square Design & Consulting, and sited as detailed on the survey plan prepared by Wey Mayenburg Land Surveying Inc., both stamped "Received February 4, 2020", and staff be directed to issue the permit, and register the notice on the title of the property located at PID 005-354-048, Lot 2, Section 11, Esquimalt District, Plan 9574 [449 Lampson Street]; and

2. That Council approves Development Variance Permit No. DVP00098 [Appendix B] authorizing the accessory building addition as illustrated on the architectural drawings prepared by T-Square Design & Consulting, and sited as detailed on the survey plan prepared by Wey Mayenburg Land Surveying Inc., both stamped "Received February 4, 2020", and including the following variances to Zoning Bylaw, 1992, No.2050, and staff be directed to issue the permit and register the notice on the title of the property located at PID 005-354-048, Lot 2, Section 11, Esquimalt District, Plan 9574 [449 Lampson Street]:

Zoning Bylaw, 1992, No. 2050, Section 40 (8)(a) - Lot Coverage: to allow that all Principal Buildings, Accessory Buildings and Structures combined, shall not cover more than 30.4% of the Area of a Parcel instead of the currently allowed 30% within the RD-3 zone;

Zoning Bylaw, 1992, No. 2050, Section 40 (8)(b) - Lot Coverage: to allow that all Accessory Buildings and Structures combined, shall not cover more than 15.6% of the Area of a Parcel instead of the currently allowed 10% within the RD-3 zone.  Carried Unanimously.

Moved by Councillor Helliwell, seconded by Councillor Armour:  1. That Council adopts Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 2967, attached to Staff Report DEV-20-017 as Appendix A, which would amend Official Community Plan Bylaw, 2018, No. 2922 by changing Schedule 'H', being the Development Permit Areas Map by changing the designation of 681 Admirals Road [PID 007-801-963 Lot 25 Block 4 Suburban Lot 50 Esquimalt District Plan 1153] + [PID 007-801-980 Lot 26 Block 4 Suburban Lot 50 Esquimalt District Plan 1153], and 685 Admirals Road [PID 007-802-013 Lot B (DD G17083), Suburban Lot 50, Esquimalt District, Plan 1153], all shown cross hatched on Schedule 'A' of Bylaw No. 2967, from Development Permit Area No. 3 - Enhanced Design Control Residential to Development Permit Area No. 6 - Multi-Family Residential;

2. That Council adopts Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2968, attached to Staff Report DEV-20-017 as Appendix B, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 681 Admirals Road [PID 007-801-963 Lot 25 Block 4 Suburban Lot 50 Esquimalt District Plan 1153] + [PID 007-801-980 Lot 26 Block 4 Suburban Lot 50 Esquimalt District Plan 1153], and 685 Admirals Road [PID 007-802-013 Lot B (DD G17083), Suburban Lot 50, Esquimalt District, Plan 1153], all shown cross hatched on Schedule 'A' of Bylaw No. 2968, from RD-3 [Two Family/Single Family Residential] to CD No. 123 [Comprehensive Development District No. 123].  Carried Unanimously.

Moved by Councillor Hundleby, seconded by Councillor Vermeulen:
1. That Council, upon considering comments made at the two Public Hearings (December 2, 2019 and March 16, 2020), resolves that Amendment Bylaw No. 2950, (attached to Staff Report DEV-20-013 as Appendix A), which would amend the Official Community Plan Bylaw, 2018, No. 2922 by:

•changing Schedule ‘B’, being the Proposed Land Use Designations Map by changing the designation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565], shown cross-hatched on Schedule ‘A’ of Amendment Bylaw No. 2922, from ‘Low Density Residential’ to ‘Townhouse Residential’; and

•changing Schedule ‘H’, being the Development Permit Areas Map by changing the designation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565], shown cross-hatched on Schedule ‘A’ of Amendment Bylaw No. 2922, from Development Permit Area No. 3 - Enhanced Design Control Residential to Development Permit Area No. 6 - Multi-Family Residential.

2.That Council, upon considering comments made at the two Public Hearings (December 2, 2019 and March 16, 2020), resolves that Amendment Bylaw No. 2951 as amended (attached to Staff Report DEV-20-013 as Appendix B), which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565] from RD-1 [Two Family Residential] to CD No. 116 [Comprehensive Development District No. 116], be given third reading; and

3. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-20-013, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:

•Lot consolidation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565] prior to development, as the proposed CD No.116 Zone does not work unless the parcels are consolidated

•buildings to meet a minimum BC Energy Step Code Level 3
•The existing buildings will only be used for their current uses prior to demolition
•The number of dwelling units in the new development will remain at no more than seven [7] units, as stated in Amendment Bylaw No. 2951

• One (1) visitor parking space and three (3) flexible strata parking spaces will be provided and remain as illustrated in the landscaping plan, attached in Appendix E of Staff Report No. DEV-20-013
• An electric vehicle charging station in each of the seven [7] private garages
• A common outdoor social area with benches, and a wood arbour
• A common screened garbage area
• A drainage field area with overflow to retain a percentage of the stormwater on site
• A visitor bicycle parking area with a bike rack, and
• A constraint on the future strata corporation that rental of the units will not be restricted

3. Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaws No. 2950 and No. 2951 to Council for consideration of adoption.  Carried. (Councillor Armour opposed)

Council Morrison Absent (Meeting)

Councillor Brame Absent 
(Meeting)