September 10, 2018 - Minutes

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Acting Corporate Officer – Claudia Jesson

Call to Order:

Mayor Brodie called the meeting to order at 7:00 p.m.

RES NO.

ITEM

MINUTES

The revised minutes of the Regular Council meeting for Public Hearings held on September 4, 2018 was distributed (attached to and forming part of these minutes as Schedule 1).

R18/15-1

1.

It was moved and seconded

That:

(1)

the minutes of the Regular Council meeting held on July 23, 2018, be adopted as circulated;

(2)

the minutes of the Regular Council meeting for Public Hearings held on September 4, 2018, be adopted as circulated on table; and

(3)

the Metro Vancouver ‘Board in Brief’ dated July 27, 2018, be received for information.

CARRIED

AGENDA ADDITIONS & DELETIONS

R18/15-2

It was moved and seconded

(1)

That the following recommendations be considered in conjunction with rezoning application RZ 17-766525 (Item No. 13):

(a)

Road Closure and Removal of Road Dedication Bylaw No. 9853 (Portion of Road adjacent to 8820, 8840, 8860, 8880, 8900, 8911 and 8931 Spires Road) be introduced and given 1st, 2nd and 3rd readings;

(b)

the required notice of road closure and disposition of the closed road be advertised prior to final adoption;

(c)

staff be authorized to file a certifying statement executed by the Corporate Officer at Land Title Office cancelling the right of resumption in the closed road pursuant to the Resumption of Highways Regulation;

(d)

staff be authorized to file a certifying statement executed by the Corporate Officer at Land Title Office cancelling the right of resumption in the closed road pursuant to the Resumption of Highways Regulation;

(e)

staff be authorized to take all necessary steps to raise title to the road closure areas totalling ±446.7 square metres (±4,808 sq. ft.) and transfer them to PLLR 228 Holdings Ltd. or its designate for $1,530,000 plus applicable taxes; and

(f)

staff be authorized to take all necessary steps to complete all matters as contained in the report titled “Road Closure and Removal of Road Dedication Bylaw No. 9853 (Portion of Road adjacent to 8820, 8840, 8860, 8880, 8900, 8911 & 8931 Spires Road) and Disposition of the Closed Road Area in relation to RZ 17-766525” dated August 16, 2018 including authorizing the Chief Administrative Officer and the General Manager, Finance and Corporate Services to negotiate and execute all documentation required to effect the transaction, including executing all required Land Title Office documentation; and

(2)

That a Notice of Motion be added under New Business.

CARRIED

PRESENTATION

Kim Somerville, Manager, Community Social Development, presented Council with the Canadian Institute of Planners’ award for Planning Excellence in recognition of the Storeys Project.

COMMITTEE OF THE WHOLE

R18/15-3

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:06 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items – None.

R18/15-4

4.

It was moved and seconded

That Committee rise and report (7:07 p.m.).

CARRIED

CONSENT AGENDA

R18/15-5

5.

It was moved and seconded

That Items No. 6 through No. 17 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the General Purposes Committee meeting held on September 4, 2018;

(2)

the Finance Committee meeting held on September 4, 2018; and

(3)

the Planning Committee meeting held on September 5, 2018;

be received for information.

ADOPTED ON CONSENT

7.

BC Clean Growth Intentions Papers 
(File Ref. No. 10-6125-07-02) (REDMS No. 5941101 v.4)

(1)

That City comments, excluding item 12 regarding a proposed tax on the sale of gasoline,  on the Provincial Clean Efficient Buildings and Clean Transportation “Intentions Papers”, as outlined in the staff report titled “BC Clean Growth Intentions Papers” from the Senior Manager, Sustainability and District Energy, dated August 10, 2018, be forwarded to the Province;

(2)

That staff evaluate the City’s medium-term GHG reduction targets in light of the new provincial targets, and bring back options for consideration; and

(3)

That staff consider the on table document titled, “Living Green Roofs or Solar Panels Now ‘Law of the Land’ in France” and provide an analysis and recommendations for low carbon options.  

ADOPTED ON CONSENT

8.

Application For a Permanent Change to Food Primary Liquor Licence # 170609 Requesting Patron Participation Entertainment Endorsement – Earls Restaurant (Lansdowne) Ltd – 304-5300 No. 3 Rd., Richmond, B.C. 
(File Ref. No. 12-8275-30-001) (REDMS No. 5924711)

(1)

That the application from Earls Restaurant (Lansdowne) Ltd, operating at 304 – 5300 No. 3 Road, requesting a Food-Primary Entertainment Endorsement for Patron Participation to Food-Primary Liquor Licence # 170609, to enable patrons to dance at the establishment, be supported; and

(2)

That a letter be sent to Liquor and Cannabis Regulation Branch advising that:

(a)

Council supports the amendment for a Patron Participation Entertainment Endorsement on Food-Primary Liquor Licence # 170609 as the endorsement will not have a significant impact on the community;

(b)

The hours of liquor sales will remain the same at:

(i)

9:00 AM to 1:30 AM, Monday to Saturday

(ii)

9:00 AM to Midnight, Sunday;

(c)

There is no change to the seating capacity for the food primary licence, indoors and patio;

(3)

Council’s comments on the prescribed criteria (Section 71 of the Liquor Control and Licensing Regulations) are as follows:

(a)

The potential for additional noise and traffic in the area was considered;

(b)

The impact on the community was assessed through a community consultation process; and

(c)

Given that there has been no history of non-compliance with the operation, the amendment to permit patron participation entertainment endorsement under the Food Primary Liquor Licence should not change the establishment such that it is operated contrary to its primary purpose;

(d)

As the operation of a licenced establishment may affect nearby residents, businesses and property owners, the impact assessment was conducted through the City’s  community consultation process as follows:

(i)

Residents, businesses and property owners within a 50 meter radius of the subject property were notified by letter. The letter provided information on the application with instructions on how to submit comments or concerns; and

(ii)

Signage was posted at the subject property and three public notices were published in a local newspaper. The signage and public notice provided information on the application with instructions on how comments or concerns could be submitted.

(e)

Council’s comments and recommendations respecting the view of the residents, businesses and property owners are as follows:

(i)

The community consultation process was completed as part of the application process; and

(ii)

The community consultation process resulted in only one comment or view submitted from residents, businesses and property owners.

(f)

Council recommends the approval of the permanent change to add patron participation entertainment endorsement to the Food Primary Licence for the reasons that the addition of the endorsement proposed is acceptable to the majority of the residents, businesses and property owners in the area and the community.

ADOPTED ON CONSENT

9.

Council Term Goals 2014-2018: Achievement Highlights 
(File Ref. No. 01-0105-07-01) (REDMS No. 5902441 v.3; 5968992)

(1)

That the attached report titled “Council Term Goals 2014-2018: Achievement Highlights” from the Director, Corporate Programs Management Group outlining achievement highlights towards Council Term Goals 2014-2018, be received for information; and

(2)

That the attached reports be made available for download on the City of Richmond website.

ADOPTED ON CONSENT

10.

Housing Agreement Bylaw No. 9896 to Permit the City of Richmond to Secure Affordable Housing Units located at 6340 No. 3 Road (Keltic (Brighouse) Development) 
(File Ref. No. 08-4057-05; 12-8060-20-009896; 08-4105-20-2017773703) (REDMS No. 5875608 v. 3)

That Housing Agreement (6340 No. 3 Road) Bylaw No. 9896 be introduced and given first, second and third readings to permit the City to enter into a Housing Agreement substantially in the form attached hereto, in accordance with the requirements of section 483 of the Local Government Act, to secure the Affordable Housing Units required by the Rezoning Application RZ 17-773703.

ADOPTED ON CONSENT

11.

Housing Agreement Bylaw No. 9913 to Permit the City of Richmond to Secure Affordable Housing Units located at 8620 Railway Avenue (1037533 BC Ltd.) 
(File Ref. No. 08-4057-05;  08-4057-20-021; 12-8060-20-009913; 4105-20-2015709884) (REDMS No. 5932120 v. 5; 5933151; 5918099)

That Housing Agreement (8620 Railway Avenue) Bylaw No. 9913 be introduced and given first, second and third readings to permit the City to enter into a Housing Agreement with 1037533 BC Ltd. substantially in the form attached hereto, in accordance with the requirements of section 483 of the Local Government Act, to secure the Affordable Housing Units required by the Rezoning Application RZ 15-709884.

ADOPTED ON CONSENT

12.

Application by Enrich Custom Homes Ltd. for Rezoning at 10320 Lassam Road from Single Detached (RS1/E) to Single Detached (RS2/B) 
(File Ref. No. 12-8060-20-009905; RZ 18-810261) (REDMS No. 5885457; 5957427; 280220)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9905, for the rezoning of 10320 Lassam Road from “Single Detached (RS1/E)” to “Single Detached (RS2/B)”, be introduced and given first reading.

ADOPTED ON CONSENT

13.

Application by Alabaster Aequin Limited Partnership / PLLR 228 Holdings Ltd. for Rezoning at 8820, 8840, 8860, 8880, 8900, 8911 and 8931 Spires Road and the surplus portion of the Spires Road road allowance from Single Detached (RS1/E) to Parking Structure Townhouses (RTP4), and proposed Zoning Text Amendment to the Parking Structure Townhouses (RTP4) zone 
(File Ref. No. 12-8060-20-009914; 12-8060-20-009915; 12-8060-20-009853; RZ 17-766525) (REDMS No. 5886910 v. 5; 5939178; 5908526)

(1)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9915, for a Zoning Text Amendment to the “Parking Structure Townhouses (RTP4)” zone, be introduced and given first reading;

(2)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9914, for the rezoning of 8820, 8840, 8860, 8880, 8900, 8911 and 8931 Spires Road from “Single Detached (RS1/E)” to “Parking Structure Townhouses (RTP4)”, be introduced and given first reading; and

(3)

That the following recommendations be considered in conjunction with rezoning application RZ 17-766525 (Item No. 13):

(a)

Road Closure and Removal of Road Dedication Bylaw No. 9853 (Portion of Road adjacent to 8820, 8840, 8860, 8880, 8900, 8911 and 8931 Spires Road) be introduced and given 1st, 2nd and 3rd readings;

(b)

the required notice of road closure and disposition of the closed road be advertised prior to final adoption;

(c)

staff be authorized to file a certifying statement executed by the Corporate Officer at Land Title Office cancelling the right of resumption in the closed road pursuant to the Resumption of Highways Regulation;

(d)

staff be authorized to file a certifying statement executed by the Corporate Officer at Land Title Office cancelling the right of resumption in the closed road pursuant to the Resumption of Highways Regulation;

(e)

staff be authorized to take all necessary steps to raise title to the road closure areas totalling ±446.7 square metres (±4,808 sq. ft.) and transfer them to PLLR 228 Holdings Ltd. or its designate for $1,530,000 plus applicable taxes; and

(f)

staff be authorized to take all necessary steps to complete all matters as contained in the report titled “Road Closure and Removal of Road Dedication Bylaw No. 9853 (Portion of Road adjacent to 8820, 8840, 8860, 8880, 8900, 8911 & 8931 Spires Road) and Disposition of the Closed Road Area in relation to RZ 17-766525” dated August 16, 2018 including authorizing the Chief Administrative Officer and the General Manager, Finance and Corporate Services to negotiate and execute all documentation required to effect the transaction, including executing all required Land Title Office documentation.

ADOPTED ON CONSENT

14.

Application by 1105061 B.C. Ltd. for Rezoning at 11480 and 11482 King Road from Single Detached (RS1/E) to Two-Unit Dwellings (RD1) 
(File Ref. No. 12-8060-20-009918; RZ 17-785443; SC 17-775125) (REDMS No. 5868634; 5942868; 4061415; 5842519)

(1)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9918, for the rezoning of 11480 and 11482 King Road from “Single Detached (RS1/E)” to “Two-Unit Dwellings (RD1)”, be introduced and given first reading;

(2)

That the application for a Strata Title Conversion by 1105061 B.C. Ltd. for the property located at 11480 and 11482 King Road be approved on fulfillment of the following conditions:

(a)

adoption of Bylaw No. 9918, rezoning the subject property from “Single Detached (RS1/E)” to “Two-Unit Dwellings (RD1)”;

(b)

payment of all City utility charges and property taxes up to and including the year 2018; and

(c)

submission of appropriate plans and documents for execution by the Approving Officer within 180 days of the date of this resolution; and

(3)

That the City, as the Approving Authority, delegate the Approving Officer, the authority to execute the strata conversion plan on behalf of the City, as the Approving Authority, on the basis that the conditions set out in Recommendation 2 have been satisfied.

ADOPTED ON CONSENT

15.

Application by Classico Development Ltd. for a Strata-Title Conversion at 10531 and 10551 Anahim Drive 
(File Ref. No. 08-4105-20-2017792263; SC 17-792263) (REDMS No. 5872980; 5842519)

(1)

That the application for a strata-title conversion by Classico Development Ltd. be approved on fulfillment of the following conditions:

(a)

registration of a flood indemnity covenant on title;

(b)

payment of all City utility charges and property taxes up to and including the year 2018;

(c)

submission of appropriate plans and documents for execution by the Approving Officer within 180 days of the date of this resolution; and

(d)

final inspection approval of Building Permits (B7 18-822793 and B7 18-828874) for previous construction without a permit at 10531 and 10551 Anahim Drive; and

(2)

That the City, as the Approving Authority, delegate the Approving Officer, the authority to execute the strata conversion plan on behalf of the City, as the Approving Authority, on the basis that the conditions set out in Recommendation 1 have been satisfied.

ADOPTED ON CONSENT

16.

Application by IBI Group Architects Inc. for a Temporary Commercial Use Permit at 2980 No. 3 Road 
(File Ref. No. 08-4105-07-01; TU 18-830948) (REDMS No. 5940049)

(1)

That the application by IBI Group Architects Inc. for a Temporary Commercial Use Permit (TCUP) for the property at 2980 No. 3 Road be considered at the Public Hearing to be held October 15, 2018 at 7:00 p.m. in the Council Chambers of Richmond City Hall; and

(2)

That the following recommendation be forwarded to that meeting for consideration:

“That a Temporary Commercial Use Permit be issued to IBI Group Architects Inc. for the property at 2980 No. 3 Road to allow ‘Office’ as a permitted use for the marketing and sale of office and industrial strata units associated with the development at 9466 Beckwith Road for a period of three years.”

ADOPTED ON CONSENT

17.

Richmond Response: Metro Vancouver Proposed Regional Growth Strategy Amendment Bylaw No. 1266, 2018, as requested by the Township of Langley for the Williams Neighbourhood Plan 
(File Ref. No. 01-0157-30-RGST1) (REDMS No. 5932114)

That the Metro Vancouver Board be advised that the City of Richmond has no concerns with Metro Vancouver’s proposed Regional Growth Strategy Amendment Bylaw 1266, 2018, which proposes to amend Metro Vancouver 2040: Shaping our Future, Metro Vancouver’s Regional Growth Strategy, as requested by the Township of Langley for the Williams Neighbourhood Plan area.

ADOPTED ON CONSENT

NON-CONSENT AGENDA ITEMS

GENERAL PURPOSES COMMITTEE 
Mayor Malcolm D. Brodie, Chair

18.

REGULATION ON THE PERSONAL CULTIVATION OF CANNABIS 
(File Ref. No.: 09-5000-03-02 ) (REDMS No.)

R18/15-6

It was moved and seconded

(1)

That staff be directed to seek clarification from the Province on the enabling legislations for local governments to regulate cannabis cultivation for personal use permitted under the Cannabis Act;

(2)

That staff be directed to seek clarification from the Province on how regulations in the Cannabis Act related to personal cultivation will be monitored, inspected, and enforced; and

(3)

 That a letter be written to the Premier, Solicitor General, Minister of Agriculture, and local MLAs to advocate for the Province to develop, administer, and enforce a provincial wide registration/permitting system for cannabis cultivation for personal use permitted under the Cannabis Act.

The question on the motion was not called, as there was agreement to deal with Part (3) separately.

Discussion ensued with regard to requesting more information related to a provincial wide registration system for cannabis cultivation and seeking clarification on the City’s jurisdiction over cannabis regulation from the Province.

The question for Parts (1) and (2) of the motion was then called and it was CARRIED.

The question on the motion for Part (3) was then called and it was CARRIED with Cllrs. Loo, McNulty, McPhail, and Steves opposed.

R18/15-7

It was moved and seconded

That staff review outstanding issues related to cannabis regulation such as cultivation, inspection and enforcement, and report back.

CARRIED

PUBLIC DELEGATIONS ON NON-AGENDA ITEMS

R18/15-8

19.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on non‑agenda items (7:40 p.m.).

CARRIED

Nancy Trant, Richmond resident, commented on this past summer’s wildfires and their possible link to climate change. She encouraged the City to seek opportunities to curb climate change and suggested that residents utilize alternative forms of transportation such as cycling and public transit.

R18/15-9

20.

It was moved and seconded

That Committee rise and report (7:49 p.m.).

CARRIED

PUBLIC ANNOUNCEMENTS AND EVENTS

Mayor Brodie announced that the City has entered into an agreement with the Vancouver Airport Authority and the Province of British Columbia for the provision of policing services to comply with federal air safety requirements.

Mayor Brodie also announced that the official opening of the Brighouse Fire Hall No. 1 will take place on September 15, 2018 and will feature a public open house.

NEW BUSINESS

Council discussed the Local Government Management Association of British Columbia’s (LGMA) code of ethics and staff were directed to examine the implementation of a code of ethics for members of Richmond City Council similar to the LGMA code of ethics and report back at the next General Purposes Committee meeting.

BYLAWS FOR ADOPTION

R18/15-10

It was moved and seconded

That the following bylaws be adopted:

City Centre District Energy Utility Bylaw No. 9895

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 8714

CARRIED

R18/15-11

It was moved and seconded

That Garden City Lands Soils Deposit Fees Bylaw No. 9900 be adopted.

CARRIED
Opposed: Cllrs. Day
Steves

R18/15-12

It was moved and seconded

That Consolidated Fees Bylaw No. 8636, Amendment Bylaw No. 9903 be adopted.

CARRIED
Opposed: Cllrs. Day
Steves

DEVELOPMENT PERMIT PANEL

R18/15-13

21.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meeting held on July 25, 2018 and August 29, 2018 and the Chairs’ reports for the Development Permit Panel meetings held on August 29, 2018, and September 27, 2017 and July 25, 2018, be received for information; and

(2)

That the recommendations of the Panel to authorize the issuance of:

(a)

a Development Permit (DP 17-787403) for the property at 8555 Capstan Way and 3400 No. 3 Road (formerly 8511 Capstan Way and 3360 No. 3 Road); and

(b)

a Development Permit (DP 16-726865) for the property at 8631 Alexandra Road;

be endorsed, and the Permits so issued; and

(3)

That the recommendation of the Panel to authorize the approval of changes to the design of the Development Permit (DP 11-566011) issued for the property at 15111 Williams Road and Richmond Key 195105 be endorsed, and the changes so deemed to be in General Compliance with the Permit.

CARRIED

ADJOURNMENT

R18/15-14

It was moved and seconded

That the meeting adjourn (8:05 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Regular meeting of the Council of the City of Richmond held on Monday, September 10, 2018.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Acting Corporate Officer (Claudia Jesson)