TOWN OF VIEW ROYAL SPECIAL COUNCIL MEETING AGENDA

AGENDA

1. CALL TO ORDER (Mayor Hill)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF

4. MAYOR'S REPORT

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS 8.1 STAFF REPORTS a) Development Permit No. 2014/07 – 1652 Island Highway (Ashley Furniture) 1. Report dated from the Senior Planner. Pg. 1-70 2. Comments from the Applicant 3. Comments from the Public 4. Correspondence a) Letter dated July 15, 2014 from Dr. T. Roemer, 209 Anya Lane, Re: Development Permit No. 2014/07 – 1652 Island Highway. Pg. 71-72 b) Email dated July 15, 2014 from L. Cohen, 302 Anya Court, Re: Development Permit No. 2014/07 – 1652 Island Highway. Pg. 73 c) Email dated July 10, 2014 from G. Badiyan, 204 Anya Lane, Re: Development Permit No. 2014/07 – 1652 Island Highway. Pg. 74 d) Email dated July 10, 2014 from S. Sedman, 235 Anya Lane, Re: Development Permit No. 2014/07 – 1652 Island Highway. Pg. 75-76

Staff Recommendation: THAT Development Permit No. 2014/07 be approved;

AND THAT Development Permit No. 2014/07 include the following conditions: * Town approval of a tree management plan prepared by a certified arborist for the protection of retained trees prior to building permit issuance. * Rooftop mechanical units to be screened. * Metal halide lighting not to be installed outside of the building. * Requirement for security deposit for landscape installation and for damage to the natural environment from construction. * Registration of a covenant prior to building permit issuance for annual third party reporting of stormwater management facility maintenance (including oil/water separators and rain gardens) with an applicable rent charge if there is a breach. * Requirements based on recommendations from the report “Natural Watercourse and Shoreline Memo” prepared by Aqua-Tex Scientific Consulting and dated May 2, 2014 as follows: a. Prior to building permit issuance, a geotechnical assessment is required with recommendations to ensure that proposed works at the rear of the site will not affect the safety of the slope. b. Marine estuarine foreshore vegetation is to be retained and unaltered. Any disturbance of this will require authorization from Fisheries and Oceans Canada. c. Himalayan blackberry at the edge of the paved surfaces to be removed if there is no risk to slope stability. d. Care should be taken to not negatively impact the vegetated slope by clearing, compacting, or misdirection of stormwater management. e. A low fence, to a standard acceptable to the Town, is to be provided to prevent unauthorized access to the slope beyond the parking surface. f. To protect slope stability, stormwater shall not be allowed to flow freely over the top of the bank. g. If existing stormwater drainage facilities are in a condition satisfactory to the Town, these facilities may be used to convey treated parking lot stormwater into the estuary. h. Clean, non-polluted roof runoff may be discharged directly into the estuary, using existing drainage facilities, provided the roof membranes do not contribute pollutants or other toxic materials that would otherwise require treatment. i. Prior to building permit issuance, an erosion and sediment control plan must be developed to protect the top of the bank to prevent any movement of sediment down the slope into Millstream Creek for slope stability and water quality purposes. j. Prior to building permit issuance, an environmental monitoring plan must be approved by the Town for implementation during construction to document the protection of the top of bank along with erosion and sediment control. A mobile application such as EnviroCheck may be used for monitoring. k. A stormwater management plan must be developed that does not result in surface runoff directly onto the slope at the north end of the property nor allow for any untreated stormwater to enter Millstream Creek. * Requirements based on recommendations from the “Electrical Lighting Info” prepared by WSP and dated July 9, 2014 as follows: a. Building and site lighting to meet the requirements of B.C.B.C. 2012 and ASHRAE 90.1; power allowance to be as follows 0.06W/ft2 for parking areas and 0.7W/linear foot for pedestrian areas and with the design illumination target of 10 Lux. b. Lighting regulation to be accomplished via fixture selection, fixtures shall be specified with full cut off configuration, integral reflectors and spill eliminators for optimal optical distribution to meet direction and quality requirements, quantity shall be determined via the power allowance described above. c. Lighting standards to be pedestrian scale, while providing sufficient lighting for automobile traffic, utilizing a combination of pole mounted fixtures, bollards and exterior building mounted fixtures to meet pedestrian and vehicle traffic requirements. d. Colour and style selection of the lighting standards to be consistent with street furniture and containers. e. Weatherproof outdoor receptacles to be provided under soffits on each exterior building façade to enable installation of seasonal/decorative outdoor lighting. These receptacles to be connected to a photocell and timer to meet ASHRAE control requirements. f. Pole mounted light fixtures shall provide no more than 5000 lumens typically to meet the ASHRAE design requirements for exterior lighting. g. Pole mounted fixtures shall be between 3 and 4 meters in height.

AND FURTHER THAT Development Permit No. 2014/07 include the following variances: * Variance to the minimum side yard setback from 4.5 m to 0 m (existing building) * Variance to rear yard setback from 4.5 m to 1.0 m * Variance to the maximum lot coverage from 40% to 41% * Variance to onsite greenspace from 20% to 12% of lot area * Variance to horizontal depth of front yard landscaped greenspace from 7.5m to 3.5 m * Variance to amount of required parking from 263 to 97 stalls based on a variance to the amount of parking from 208 to 27 spaces for 2,888 m² of “furniture store” use and 388m² of “furniture and appliance warehouse" use * Variance to the maximum height of a retaining wall from 2.0 m to 4.5 m. * Variance to the vertical dimension of a sign component from 0.4 m to 1.0 m * Variance to the maximum size of a sign from 11.0 m² to 13.1 m² .

b) Statement of Understanding – Community Garden 1. Report dated July 14, 2014 from the Engineering Clerk. Pg. 77-86

Staff Recommendation: THAT Council accept the June 2014, Statement of Understanding prepared by the former Craigflower Community Gardeners with the following conditions: 1. No Town funds are required for the project; 2. Maintenance of the community garden be completed by volunteers, including but not limited to mowing, weeding and common areas; and in exchange for administration of the existing View Royal Community Garden, the Town not charge the community garden for the cost of water.

AND THAT the Town of View Royal establish a long term agreement with the Society prior to year end 2014.

c) Tree Removal Application - 345 Island Highway. Pg. 87-102

Staff Recommendation: THAT Council consider the tree removal application to remove six Douglas Fir trees and one Maple tree at 345 Island Highway.

d) Hallowell Road Level Rail Crossing Funding Process 1. Report dated July 25, 2014 from the Chief Administrative Officer...Pg. 103-104

Staff Recommendation: THAT Council authorize the expenditure of $600,000, equally funded by the Capital Regional District and 848052 BC Ltd. for the Hallowell Road Level Rail Crossing project;

AND THAT a Financial Plan amendment bylaw be completed to reflect this authority.

e) Fire Hall Contingencies 1. Report dated July 25, 2014 from the Chief Administrative Officer...Pg. 105-109

Staff Recommendation: THAT the July 25, 2014 report from the Chief Administrative Officer titled “Fire Hall Contingencies” be received.

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

9. CORRESPONDENCE 9.1 FOR ACTION

9.2 FOR INFORMATION a) Letter dated July 23, 2014 from L. Kaercher, Deputy Clerk, City of Langford, Re: Sewer Wastewater Treatment Plant. Pg. 110 b) Information Bulletin dated July 16, 2014 from the Ministry of Forests, Lands and Natural Resource Operations, Re: Proposals Sought for the use of Craigflower Schoolhouse. Pg. 111

10. BYLAWS a) Tree Protection Bylaw No. 695, 2009, Amendment Bylaw No. 895, 2014 A Bylaw to Amend Tree Protection Bylaw No. 695, 2009 (adoption) Pg. 112-113

b) Official Community Plan Amendment Application No. 2014/03 and Rezoning Application No. 2014/05 – 2427 Chilco Road (Thetis Vale Phase 7) 1. Report dated July 25, 2014 from the Senior Planner Pg. 114-160

Staff Recommendation: THAT Official Community Plan No. 811, 2011, Amendment Bylaw No. 896, 2014 be given first and second reading, and be referred to Island Health Authority, Esquimalt First Nation, Songhees First Nation, School District #61, and Ministry of Transportation and Infrastructure;

AND THAT Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014 be given first and second reading and be referred to Ministry of Transportation and Infrastructure;

AND THAT a Public Hearing for Bylaw No. 896 and Bylaw No. 897 be scheduled for September 2, 2014;

AND THAT Ministry of Transportation and Infrastructure approval for off-site storm water management on Ministry of Transportation and Infrastructure lands be confirmed prior to fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014;

AND FURTHER THAT a covenant be registered concurrent with fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014 to prevent further subdivision of the residential parcel that would be outside the Urban Growth Boundary, aside from park dedication.

2. Official Community Plan Bylaw No. 811, 2011, Amendment Bylaw No. 896, 2014 A Bylaw to Amend the Official Community Plan with Respect to the Designation of 2427 Chilco Road (first and second reading) Pg. 161-162

3. Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014 A Bylaw to Amend the Land Use Bylaw with Respect to the Zoning of 2427 Chilco Road to the A-1, A-3, CD-16 and P-3 Zones (first and second reading) Pg. 163-164

c) Official Community Plan Amendment No. 2014/02 and Rezoning Application No. 2014/03 – 102 Atkins Road 1. Report dated July 25, 2014 from the Senior Planner Pg. 165-198

Staff Recommendation: THAT Official Community Plan Bylaw No. 811, 2011, Amendment Bylaw No. 898, 2014 be given first and second reading;

AND THAT Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 be given first and second reading and be referred to the Ministry of Transportation and Infrastructure;

AND THAT a Public Hearing for Bylaw No. 899 be scheduled for September 2, 2014;

AND FURTHER THAT a covenant be registered with fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 to require the following: a. a maximum of ten residential units b. a minimum setback of 2.5m from side lot lines for residential building c. a contribution of up to $20,000 to construct pedestrian-activated crossing lights at the Galloping Goose crossing on Atkins Road, a flashing light to the east, and associated works prior to building permit issuance.

2. Official Community Plan No. 811, 2011, Amendment Bylaw No. 898, 2014 A Bylaw to Amend the Official Community Plan with Respect to the Designation of 120 Atkins Road (first and second reading) Pg. 199-200

3. Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 A Bylaw to Amend the Land Use Bylaw with Respect to the Zoning of 102 Atkins Road to the RM-1 Zone (first and second reading) Pg. 201-202

4. NEW BUSINESS a) Homeless Sleeping in Municipal Parks

5. QUESTION PERIOD

6. MOTIONS & NOTICES OF MOTION

7. CLOSED MEETING RESOLUTION THAT there is a need to have a meeting closed to the public and persons other than the immediate members of Council, officers and employees of the Town, and those identified under Section 91 (2) of the Community Charter shall be excluded on the basis of Section 90 (1)(e) and Section 90 (2)(b) of the Community Charter.

8. RISING REPORT

9. TERMINATION

Next Regular Council Meeting: Tuesday, September 2, 2014 at 7:00 p.m.