AGENDA

1. CALL TO ORDER (Mayor Hill)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES OF PREVIOUS MEETINGS, ADOPTION OF Minutes of the Committee of the Whole meeting held on May 19, 2009............................... Pg. 1-6 (motion to adopt)

4. PETITIONS & DELEGATIONS

5. PUBLIC PARTICIPATION PERIOD

6. BUSINESS ITEMS

6.1 PROTECTIVE SERVICES & COMMUNITY SERVICES – Councillor Rast, Chair

6.1.1 Chair’s Report

6.1.2 Business Arising from Previous Minutes

6.1.3 Reports

STAFF REPORTS a) Monthly Building Department Report for the month of May 2009 ........................................................................................... Pg. 7-9 b) Monthly verbal Bylaw Enforcement Report for the month of May 2009 c) Monthly RCMP Report for the month of April 2009............... Pg. 10-13

6.1.4 New Business

6.2 FINANCE & ADMINISTRATION – Mayor Hill, Chair

6.2.1 Chair’s Report

6.2.2 Business Arising from Previous Minutes

6.2.3 Reports

STAFF REPORTS

OTHER REPORTS

6.2.4 New Business

6.3 PARKS, RECREATION, ENVIRONMENT – Councillor Britton, Chair

6.3.1 Chair’s Report

6.3.2 Business Arising from Previous Minutes

6.3.3 Reports

STAFF REPORTS

a) Draft Tree Protection Bylaw No. 695, 2009

1. Report dated June 5, 2009 from the Executive Assistant and Director of Engineering ...................................................................... Pg. 14-41

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT the Committee recommend to Council that draft Tree Protection Bylaw No. 695, 2009 be approved in principle, pending the input of the Parks, Recreation and Environmental Advisory Committee;

AND FURTHER THAT the Committee directs the Parks, Recreation and Environment Advisory Committee to draft a list of significant trees in the Town of View Royal.

COMMITTEE REPORTS

a) Minutes of the Parks, Recreation and Environment Advisory Committee held May 28, 2009.................................................. Pg. 42-46

Recommendations:

• Protection of Ancient Trees

1. THAT the Committee recommend to Council that a developer be required to ensure an adequate buffer area around an ancient tree to perpetuate its survivability and the safety of future residents and infrastructure. (PREAC 08-09)
2. THAT the Committee recommend to Council that staff be directed to provide a report comparing the penalties, deposits and standards in bylaws from other municipalities regarding the regulation and protection of trees with the current regulations in place in View Royal for development applications. (PREAC-09-09)

• Minutes of the Committee of the Whole meeting held February 10, 2009.

1. THAT the Committee recommends to Council that staff be directed to provide a finished draft of the View Royal Tree Protection Bylaw to the Parks, Recreation and Environment Advisory Committee for input. (PREAC-10-09)

• Glentana Road Right-of-Way

1. THAT the Committee recommends to Council that staff be directed to provide an update to Council on the progress of confirming the right-of-way and cost estimates for opening up said right-of-way between 1500 and 1608 Glantana Road. (PREAC-11-09)

6.3.4 New Business

6.3.5 Correspondence

6.4 PUBLIC WORKS & TRANSPORTATION – Councillor Screech, Chair

6.4.1 Chair’s Report

6.4.2 Business Arising from Previous Minutes

6.4.3 Reports

STAFF REPORTS

a) Island Highway Improvement Project – Scope, Costs and Timelines

1. Report dated June 5, 2009 from the Director of Engineering .......................................................................... Pg. 47-50

Staff Recommendation: THAT the Committee recommends that Council direct staff to proceed with the 85% design of the entire project with the following options:

• Full access to Beaumont and Plowright Roads remain and access to Stewart Avenue be limited to right turn in and right turn out only
• An access road providing full access and egress (left/right turn in and out) be constructed within the Town’s right of way to serve the properties from 160 to 182 Island Highway (please see option 3A – with modifications allowing full access - attached)
• The property currently occupied by the fire hall is assumed to be at a workable grade
• The storm drainage works within Portage Park be constructed in a way to remove much of the existing invasive species and to promote the health of native species.
• The parking lot and access road in Portage Park not be constructed.

AND THAT the Committee recommends that Council direct staff and the Council liaisons to engage the businesses and residents to determine the construction schedule that will cause the least amount of disruption.

AND THAT the Committee recommends that Council direct staff and the Council liaisons to work with businesses to strategize the promotion of their services during construction.

AND THAT the Committee recommends that Council direct staff to continue to engage the Songhees and Esquimalt First Nations during the design and construction of the entire project and particularly regarding Portage Park.

AND THAT the Committee recommends that Council direct staff to write the UBCM requesting that the scope of construction of the project be reduced to that section of Island Highway including the complete intersection at Stormont Avenue and east to Glentana Road.

AND THAT the Committee recommends that Council direct staff to apply for additional grant funding to complete the entire project.

COMMITTEE REPORTS

a) Minutes of the Transportation Advisory Committee held May 27, 2009 .............................................................................. Pg. 51-53

6.4.4 New Business

7. CORRESPONDENCE

8. CLOSED MEETING RESOLUTION

EVENING BREAK

9. CALL TO ORDER (Mayor Hill)

10. PETITIONS & DELEGATIONS

10.1 P. Lyons, Greater Victoria Watch Coalition, Re: Support for Public Sewage Treatment ....................................................................................................Pg. 54

10.2 J. Higginson, View Royal Sustainability Task Force, Re: Urban Agriculture........................................................................................................... Pg. 55-66

11. PUBLIC PARTICIPATION PERIOD

12. BUSINESS ITEMS

12.1 PLANNING & DEVELOPMENT – Councillor Rogers, Chair

12.1.1 Chair’s Report

12.1.2 Business Arising from Previous Minutes

12.1.3 Reports

STAFF REPORTS

a) Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Building and Structure Height

1. Report dated June 4, 2009 from the Senior Planner............ Pg. 67-72

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted to amend Land Use Bylaw, 1990, No. 35 to:

• Establish a definition for average elevation based on a weighted average of the average elevation of each building segment.
• That elevation be based on natural grade or finished grade, whichever is lower, with the exception of localized natural depressions and vehicle entrances no more than 10m wide or pedestrian entrances no more than 5m wide.
• That the down-slope height of any building or structure in any zone can be no higher than 2.5m higher than maximum building height in that zone;

AND FURTHER THAT staff consult with building community prior to bringing an amendment bylaw to Council for further consideration.

b) Proposed Updates to Land Use Bylaw 1990, Bylaw No. 35 Fence Height

1. Report dated June 4, 2009 from the Senior Planner............ Pg. 73-79

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT the Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would:

• Amends section 34 of Bylaw No. 35 to introduce a scheme for measuring fence height that depends on the grade, whether Natural Grade or Finished Grade, at the property line of adjoining lots.
• Amends the definition of fence to include retaining walls or a combination of all features that might be combined together to form a screening structure.

c) Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Accessory Structures and Uses

1. Report dated June 4, 2009 from the Senior Planner............ Pg. 80-87

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would:

• Amend the “Accessory” definition to include the concepts of customarily incidental and exclusively devoted;
• Permit multiple accessory buildings or structures on a lot provided that the total lot coverage of all accessory buildings or structures combined is not greater than 60m², or 10% of the lot area, whichever is smaller;
• Amend the required setback for an accessory building or structure to the side and rear lot lines to 1.2m for all accessory buildings or structures;
• Prohibit the placement of metal storage containers and soft-top carports;
• Amend the required 3.0 m separation between accessory buildings and structures and the principal building to provide an exemption for oil tanks and heating, ventilation and air conditioning equipment.

d) Updates to Land Use Bylaw, 1990, Bylaw No. 35 Structures, Setback Exemptions and Retaining Walls

1. Report dated June 4, 2009 from the Senior Planner............ Pg. 88-94

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT the Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would:

• Amend the definition of structure to include additional exemptions for stairs, patios and decks no more than 0.3m (1ft) above grade, and hard landscaping no higher than the permitted fence height.
• Amend Section 35(2) by: a) Deleting reference to fences and replacing with a reference to permitted accessory structures and buildings. b) Adding window wells to Section 35(2)(b) c) Including the provision that the roof overhangs and window wells may project up to 1m into any required yard provided they are no closer than 0.6m from any property line. d) Modify Section 35(2)(c) to delete the reference that the list of architectural features to project 0.5m “beyond the face of the building” and replace with “into any required yard” e) Modify Section 35(2)(c) to permit the architectural features to be up to 2m (6.56 ft) wide per building segment for front and flanking side yards.

e) Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Floor Area and Building Storeys

1. Report dated June 4, 2009 from the Senior Planner............ Pg. 95-107

Staff Recommendation: THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted to amend Land Use Bylaw, 1990, No. 35 to:

• Exclude from floor area calculations those areas of a building where the floor to ceiling height is less than 1.5 m (5ft) provided the area is located within a crawl space with a ceiling height less than 1.2m (4ft) above grade or the area is located within the framing of the roof.
• Include regulations that specify that ceiling height for crawl spaces be measured to the floor joists of the floor above and to the ceiling joists for areas within the framing of the roof.
• Exclude from floor area calculations and the definition of storey enclosed rooftop structures containing exclusively stairwells, elevator lifting devices and heating, ventilation and air conditioning equipment.
• Amend the floor area definition so that floor area is measured the exterior of the foundation or sheathing of exterior walls, but to the interior side of walls enclosing any floor are space within the framing of the roof.
• Amend the floor area definition to clearly specify that floor area is the space enclosed by the plan view of the floor to exterior walls, irrespective of whether there is open space such as occurs in stairwells or adjacent to loft structures.
• Amend all the zoning tables to remove the word “or” separating a maximum measured height regulation from a maximum number of storey regulation and replace with the word “and.”
• Delete the “Cellar” definition, redefine “Basement”, and exempt “Basements” from being considered a storey only when the ceiling height is less than 0.6 m (2 ft) above average grade.
• Amend the storey exemption for below-ground parking areas whereby the ceiling height must be only 1.2 m (4 ft) rather than the existing 1.8m (5.9ft) above average grade.

AND FURTHER THAT staff consult with building community prior to bringing an amendment bylaw to Council for further consideration.

f) Development Procedures Bylaw Amendment

1. Report dated June 4, 2009 from the Director of Development Services ..................................................................... Pg. 108-110

Staff Recommendation: THAT this report be received for information;

AND THAT the Committee recommend to Council that Bylaw No. 730, 2009 be amended to include a notification distance for rezonings in any of the “P” zones of 100 metres.

COMMITTEE REPORTS

12.1.4 New Business

13. CORRESPONDENCE

14. QUESTION PERIOD

15. MOTIONS & NOTICES OF MOTION

16. CLOSED MEETING RESOLUTION

17. TERMINATION

Next Committee of the Whole Meeting: July 14, 2009