MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 7, 2023

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, NOVEMBER 7, 2023 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE:

• Mayor Tobias
• Councillor Brown
• Councillor Kowalewich
• Councillor Lemon
• Councillor MacKenzie
• Councillor Mattson
• Councillor Rogers

PRESENT ALSO:

• S. Jones, Acting Chief Administrative Officer
• L. Taylor, Director of Development Services
• D. Christenson, Director of Finance and Technology
• B. Lubberts, Deputy Director of Engineering
• S. Scory, Community Planner
• E. Bolster, Deputy Corporate Officer
• 40 members of the public
• 0 members of the press

1. CALL TO ORDER

Mayor Tobias called the meeting to order at 7:36 p.m.

The Mayor acknowledged that the meeting is being held on the traditional territory of the Songhees Nation and Esquimalt Nation.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT the agenda be amended to include items 9.2 a) and b), 11. a) 1., and 13. a); AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Public Hearing held October 17, 2023

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT the minutes of the Public Hearing held October 17, 2023 be adopted as presented. CARRIED

b) Minutes of the Council meeting held October 17, 2023

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT the minutes of the Council meeting held October 17, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor noted that the Capital Regional District had acquired the Royal Oak Golf Club, the Town has now hired a new Chief Administrative Officer (CAO), and he also thanked S. Jones, Deputy CAO, for covering the CAO position in the interim.

5. PETITIONS & DELEGATIONS

a) S. Bowen, Urban Systems, Re: Regional Water Supply Development Cost Charge Bylaw

S. Heffernan, Urban Systems and P. Stevens, Capital Regional District, gave a presentation to Council regarding the proposed Regional Water Supply Development Cost Charge (DCC) Bylaw.

Council and Mr. Heffernan discussed the DCC calculation, water supply for future developments, impact to taxpayers, revenue, DCC eligible projects, and how DCCs are calculated.

b) A. Andres, S. Cleave and L. Keenan, Westshore Primary Care Society, Re: Not-for-Profit Primary Care Clinics

L. Keenan gave a review of the Westshore Primary Care Society and introduced S. Cleave who gave a presentation regarding recruitment of physicians for primary care and three options by which the Town could fund a primary care clinic in the municipality with costs ranging from $100,000 to $170,000.

Council and Dr. Cleave discussed funding and costs, possibility of developers providing affordable rental spaces for primary care clinics as part of their amenity package, what other municipalities in the Westshore are doing, Provincial contributions, use of grant-in-aid funds, and whether funding primary care clinics would be an acceptable use of the Growing Communities Fund.

MOVED BY: Councillor Lemon SECONDED: Councillor Rogers

C-141-23 THAT staff meet with the Westshore Primary Care Society and bring forward funding options and opportunities for Council consideration that would not increase property taxes. CARRIED

6. PUBLIC PARTICIPATION PERIOD

a) D. Wilson, View Royal Avenue, stated his concerns regarding the off-street parking review. b) S. Presho, Pallisier Avenue, urged Council to listen to all concerns brought forward by residents. c) D. Foord, spoke to Council regarding the Province of British Columbia’s Bill 44-2023 and cited the example of Portland, Oregon where, while similar changes have been enacted, growth has not been extensive due to the high cost of construction.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Intersection Cost Comparison – Erskine Lane at Watkiss Way

1. Report dated November 1, 2023 from the Director of Engineering

The Deputy Director of Engineering gave a summary of the report to Council.

Council and staff discussed installation of sidewalks and coordination of construction for completion of the intersection.

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the report dated November 1, 2023 from the Director of Engineering titled “Intersection Cost Comparison – Erskine Lane at Watkiss Way” be received for information. CARRIED

b) Off-Street Parking Review – Request for Proposal Terms of Reference

1. Report dated November 3, 2023 from the Director of Development Services

The Director of Development Services gave a review of the report to Council.

Council and staff discussed consultant fees, new Provincial legislation, safety, congestion, proceeding with a limited study, public engagement, and the need to update the Town’s cash in lieu of parking figure.

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

C-142-23 THAT the report dated November 3, 2023 from the Director of Development Services titled “Off-Street Parking Review – Request for Proposal Terms of Reference” be tabled to the Town’s Strategic Planning session for further discussion. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

9.2 FOR INFORMATION

a) Letter received November 7, 2023 from D. Wilson, Re: Off-Street Parking Review

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the letter received November 7, 2023 from D. Wilson, Re: Off-Street Parking Review be received for information. CARRIED

b) Email dated November 6, 2023 from H. Cairns, Re: Rezoning Application – 339, 341 and 345 Island Highway

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the email dated November 6, 2023 from H. Cairns, Re: Rezoning Application – 339, 341 and 345 Island Highway be received for information. CARRIED

10. BYLAWS

a) Rezoning Application 2023-01 – 339, 341 and 345 Island Highway

1. Report dated October 26, 2023 from the Community Planner

The Community Planner gave a summary of the report to Council.

Council and staff discussed permitted and accessory uses, density, possibility of building to Step Code Level 3, bus shelter, sound attenuation due to proximity to the fire hall, and fencing along the side yard.

J. Klaus, Boardwalk Developments, spoke to Council regarding density, development cost charges, agreement to build to Step Code Level 3, and on-site amenities.

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the meeting be extended to 10:30 p.m. CARRIED

MOVED BY: Councillor Brown SECONDED: Councillor Rogers

C-143-23 THAT the applicant prepares and executes a legal agreement securing the following items, with contents satisfactory to the Director of Development Services and Director of Engineering, and in a form satisfactory to the Town’s Legal Counsel should Council proceed with adoption of the bylaw:

1. Installation of a signalized traffic control light at the intersection of Prince Robert Drive and Island Highway prior to issuance of the Occupancy Permit;
2. Community amenity contribution in the amount of $4,000 per residential dwelling prior to issuance of Building Permit;
3. A minimum indoor community amenity space of 160 m² (1730 ft²);
4. A minimum outdoor BBQ amenity space of 105 m² (1130 ft²);
5. A minimum outdoor child play structure area of 168 m² (1810 ft²) and a play structure(s);
6. A protected green space area of 4186 m² (45,062.5 ft²);
7. The lands comprising the development site, 339, 341, and 345 Island Highway, shall not be sold or otherwise transferred separately;
8. The three lots are to be consolidated prior to building permit issuance;
9. An Invasive Species Removal and Restoration Plan be provided prior to Development Permit issuance, prepared by a qualified professional. Invasive species removal shall occur prior to the issuance of a building permit, to the satisfaction of a qualified professional;
10. A new BC Transit Shelter be acquired and installed solely at the applicant’s cost prior to issuance of an Occupancy Permit and to the satisfaction of the Town and BC Transit;
11. A fence along the rear yard and side yard of the property must be installed prior to issuance of Occupancy Permit;
12. The applicant provides compensation and relocation assistance for existing tenants in accordance with the Tenant Assistance Plan dated July 10, 2023; and
13. Construction to BC Energy Step Code Level 3.

AND THAT a notice be prepared and a Public Hearing be scheduled for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1128, 2023 on December 5, 2023. CARRIED Mayor Tobias and Councillor Mattson opposed

2. Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1128, 2023 A Bylaw to Amend the Zoning Bylaw with Respect to the Rezoning of 339, 341 and 345 Island Highway

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1128, 2023 be given first and second reading. CARRIED Mayor Tobias and Councillor Mattson opposed

b) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1124, 2023 A Bylaw to Amend the Zoning Bylaw No. 900, 2014

Council discussed suites as mortgage helpers, the owner-occupancy provision, property maintenance, and housing availability.

MOVED BY: Councillor Kowalewich SECONDED: Councillor Lemon

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1124, 2023 be given third reading and be adopted. CARRIED Councillors Mattson and Rogers opposed

c) Secondary Suites Permit Bylaw No. 601, 2005, Amendment Bylaw No. 1125, 2023 A Bylaw to Amend Secondary Suites Permit Bylaw No. 601, 2005

MOVED BY: Councillor Lemon SECONDED: Councillor Rogers

THAT Secondary Suites Permit Bylaw No. 601, 2005, Amendment Bylaw No. 1125, 2023 be given third reading. CARRIED

d) Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1126, 2023 A Bylaw to Amend the Municipal Ticket Information Bylaw No. 643

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

THAT Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1126, 2023 be given third reading. CARRIED

e) Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1127, 2023 A Bylaw to Amend Fees and Charges Bylaw No. 958, 2016

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1127, 2023 be given third reading. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Rogers

THAT the meeting be extended to 11:00 p.m. CARRIED

11. NEW BUSINESS

a) Province of British Columbia’s Bill 44-2023

1. Proposed motion from Councillor Lemon

Councillor Lemon stated her concerns regarding Bill 44-2023, Housing Statutes (Residential Development) Amendment Act, 2023, overriding municipal zoning requirements and eliminating the need for public hearings for small-scale, multi-unit developments on residential lots in the absence of public engagement.

Council discussed holding a public meeting and potential desired outcomes of such an event.

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

C-144-23 THAT a Town Hall meeting be held on November 23, 2023 to hear the concerns from residents regarding the Province of British Columbia’s Bill 44-2023, Housing Statutes (Residential Development) Amendment Act, 2023;

AND THAT the Mayor write to Premier David Eby; Hon. Mitzi Dean, MLA; Minister Ravi Kahlon, Minister of Housing; and Michael Pickup, Auditor General, urging them to halt readings on this legislation until fulsome public engagement has been completed with municipalities and their residents;

AND FURTHER THAT a copy of this letter be provided to the Union of British Columbia Municipalities and all Mayors and Council in British Columbia. CARRIED

12. QUESTION PERIOD

a) D. Wilson, questioned how to make the Town Hall meeting regarding the Province of British Columbia’s Bill 44-2023 more regional.

13. MOTIONS & NOTICES OF MOTION

a) 10% Affordable Housing – Councillor Mattson

MOVED BY: Mayor Tobias SECONDED: Councillor Mattson

C-145-23 THAT the matter regarding 10% affordable housing be brought forward to the November 2023 Committee of the Whole meeting. CARRIED

14. CLOSED MEETING RESOLUTION

16. RISING REPORT

MOVED BY: Councillor Brown SECONDED: Councillor Lemon

a) Land Disposition for Road Dedication at the West Shore Parks and Recreation Site (1767 Island Highway)

From the October 17, 2023 In-Camera meeting:

MOVED BY: Councillor Brown SECONDED: Councillor Lemon

C-146-23 THAT the Town’s signatories be authorized to execute documents to dispose of approximately 55m² for road dedication from Lot A, Sections 12 and 104, Esquimalt District Plan EPP2923 (PID 08-002-997, the West Shore Parks and Recreation site at 1767 Island Highway) to be vested in the name of the City of Colwood associated with BC Transit’s improvement project for the sale price of $1.00;

AND THAT the Town supports the temporary license to construct over three areas of the subject property, totaling approximately 1,063m² during the construction period. CARRIED

The Mayor announced that Council has hired a new Chief Administrative Officer, Scott Sommerville, who will be joining the Town of View Royal on January 9, 2024.

17. TERMINATION

MOVED BY: Councillor Brown SECONDED: Councillor Lemon

THAT this meeting now terminate. Time: 11:03 p.m. CARRIED

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MAYOR

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CORPORATE OFFICER