TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, SEPTEMBER 6, 2022

1. CALL TO ORDER

Mayor Screech called the meeting to order at 7:44 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 Rogers SECONDED BY: Councillor Kowalewich

THAT the agenda be amended by adding items 8.1(c)(4)(a) and 9.2 (b-d) AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held July 19, 2022

MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich

THAT the minutes of the Council meeting held July 19, 2022 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor thanked staff for the completion of the Council Chamber renovations.

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Permit (Form & Character) No. 2022/02 – 167, 169 and 171 Island Highway

1. Report dated August 29, 2022 from the Community Planner The Community Planner gave an overview of the report to Council. Council and staff discussed the requested parking variance, landscaping – including boulevard trees and lighting.

2. Comments from the Applicant G. Mann, owner, spoke to Council regarding parking requirements and the number of parking stalls provided on the site.

3. Comments from the Public

4. Correspondence a) Email dated August 25, 2022 from S. Nanni, Re: Development Permit – 167, 169 and 171 Island Highway

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT the email dated August 25, 2022 from S. Nanni, Re: Development Permit – 167, 169 and 171 Island Highway be received. CARRIED

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

C-77-22 THAT Development Permit Application No. 2022-02 be approved as per the August 29, 2022, report from the Community Planner titled “Development Permit (Mixed Residential) 2022-02 – 167, 169, & 171 Island Highway”;

AND THAT Development Permit Application No. 2022-02 include the following conditions:

1. Tree Permit a. A Tree Permit be submitted prior to Building Permit that follows the Arborist Report provided by Talmack Urban Forestry, titled: “167, 169, & 171 Island Hwy, View Royal, BC: Construction Impact Assessment & Tree Management Plan; and
2. A security deposit of $338,112.00, at 120% of the quoted landscape works ($281,760.00) to be provided
3. That the owner, enter into an agreement with the Town of View Royal via a Licence to Occupy that allows access from the subject property from the rear property line to the edge of the existing path. The agreement shall stipulate that access is to be maintained by the Strata and the operation and use of such a path will indemnify the Town of any responsibility or liability.
4. That as part of the Building Permit application process, the following be provided prior to or at the time of Building Permit application: a. Stormwater Management Plan b. Servicing Plans c. Structural Engineered design, stamp, and approval of suspended parkade structure to hold the Town of View Royal’s fire truck fleet. d. Confirmation from a geotechnical engineer that the foundation work will not affect neighbouring properties, due to the proximity of the foundation walls to property line.

AND FURTHER THAT Development Permit Application No. 2022-02 include the following variances:

1. Variance to Section 4.8.9 of Zoning Bylaw No. 900, 2014 to vary the maximum permitted height of retaining walls from 1.2 m to 3.0 m.
2. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum a balcony/open porch may project into the side yard setback from 0.5 m to 1.1 m.
3. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum width of a balcony may be on a building face from 2.0 m to 9.2 m.
4. Variance to Section 4.6.2 (c) of Zoning Bylaw No. 900, 2014 to permit the location of an accessory building or other structure in the front yard.
5. Variance to Section 5.10 (Table 5.2) of Zoning Bylaw No. 900, 2014 to vary the minimum number of required parking spaces from 93 to 92. CARRIED

b) Development Variance Permit No. 2022/04 – 49 Tovey Crescent

1. Report dated August 31, 2022 from the Senior Planner The Senior Planner gave an overview of the report to Council. Council and staff discussed side yard setback requirements and the Senior Planner confirmed that the proposed siting to locate the garage in the front yard would comply with side yard setback requirements.

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

THAT the report dated August 31, 2022 from the Senior Planner titled “Development Variance Permit No. 2022/04 – 49 Tovey Crescent” be received for information. CARRIED

c) Development Variance Permit No. 2022/03 – 2446 Lund Road

1. Report dated August 31, 2022 from the Senior Planner The Senior Planner gave a summary of the report to Council. Council and staff discussed roof drainage connecting to the storm drain system and water egress.

2. Comments from the Applicant D. Barbosa, owner, noted to Council they did not seek prior approval for the previous patio cover because they did not realize the process required.

3. Comments from the Public a) M. Marrs, 2450 Lund Road, stated his concerns regarding water run-off causing problems onto his property and questioned whether adequate storm drainage is in place.

4. Correspondence a) Letter dated September 4, 2022 from M. & D. Marrs, 2450 Lund Road, Re: Development Variance Permit – 2446 Lund Road

MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich

THAT the letter dated September 4, 2022 from M. & D. Marrs, 2450 Lund Road, Re: Development Variance Permit – 2446 Lund Road be received. CARRIED

MOVED BY: Councillor Mattson SECONDED BY: Councillor Kowalewich

C-78-22 THAT Development Variance Permit 2022/03 be approved as per the report dated August 31, 2022 from the Senior Planner titled “Development Variance Permit Application 2022/03 - 2446 Lund Road”;

AND THAT Development Variance Permit 2022/03 include the following variance:

• Variance to the requirement within Section 12.5.6 of Zoning Bylaw No. 900, 2014 from 6.0m to 2.1m.

AND FURTHER THAT Development Variance Permit 2022/03 include the following condition:

• Fixed walls, doors and windows are not permitted. CARRIED Councillor Rogers opposed

d) Active Transportation Network Plan Update

1. Report dated August 29, 2022 from the Director of Engineering and Parks The Director of Engineering and Parks gave a summary of the report to Council. Council and staff discussed transit, engagement of key stakeholders, improvements to/from Victoria General Hospital, neighbouring municipalities’ active transportation plans, destinations, and shared thoroughfares.

MOVED BY: Councillor Lemon SECONDED BY: Councillor Rogers

THAT the report dated August 29, 2022 from the Director of Engineering and Parks titled “Active Transportation Network Plan Update” be received for information. CARRIED

e) Council Remuneration

1. Report dated August 25, 2022 from the Chief Administrative Officer

MOVED BY: Councillor Kowalewich SECONDED BY: Councillor Rogers

C-79-22 THAT Council remunerations be adjusted to established the Mayor’s remuneration at $44,687 per annum and Councillors’ remuneration at 50% of the Mayor’s remuneration ($22,343.50) plus an adjustment to both rates based on the change in Victoria CPI for 2022 and that both rates become effective January 1, 2023. CARRIED Councillor Mattson opposed

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

a) Email dated August 30, 2022 from J. Glowicki, Events Manager, Capital Bike, Re: Fall Go By Bike Week – View Royal Celebration Station

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated August 30, 2022 from J. Glowicki, Events Manager, Capital Bike, Re: Fall Go By Bike Week – View Royal Celebration Station be received. CARRIED Councillor Mattson opposed

MOVED BY: Councillor Mattson SECONDED BY: Councillor Lemon

C-80-22 THAT the Town support Fall Go By Bike Week with a “Backer” Corporate Sponsorship in the amount of $500 funded from the grant in aid account. CARRIED Councillors Kowalewich and Rogers opposed

b) Email dated August 19, 2022 from Mayor Helps, City of Victoria, Re: Sponsorship of South Island Powwow on September 30

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

C-81-22 THAT the Town advise Songhees First Nation that the Town is pleased to support the South Island Powwow on September 30, 2022 as a Bronze level sponsor in the amount of $2,500 funded from the grant in aid account. CARRIED

c) Letter dated July 21, 2022 from K. Morley, Corporate Officer, Capital Regional District, Re: Municipal Consent for Bylaw No. 4506 – Regional Parks Loan Authorization Bylaw No. 1, 2022

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

C-82-22 THAT the Town of View Royal provide consent to the Capital Regional District adopting Bylaw No. 4506, “Regional Parks Loan Authorization Bylaw No. 1, 2022”. CARRIED

9.2 FOR INFORMATION

a) Email dated August 25, 2022 from G. Mathies, 333A Stewart Avenue, Re: Rezoning Application No. 2022/04 – 335 Stewart Avenue

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated August 25, 2022 from G. Mathies, 333A Stewart Avenue, Re: Rezoning Application No. 2022/04 – 335 Stewart Avenue be received for information. CARRIED

b) Email dated September 6, 2022 from J. & T. Dellaviola, 333 Stewart Avenue, Re: Rezoning Application No. 2022/04 – 335 Stewart Avenue

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated September 6, 2022 from J. & T. Dellaviola, 333 Stewart Avenue, Re: Rezoning Application No. 2022/04 – 335 Stewart Avenue be received for information. CARRIED

c) Email dated September 6, 2022 from J. Devonshire, View Royal Climate Coalition, Re: Zero Carbon in New Construction

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated September 6, 2022 from J. Devonshire, View Royal Climate Coalition, Re: Zero Carbon in New Construction be received for information. CARRIED

d) Email dated September 6, 2022 from I. Brown, View Royal Climate Coalition, Re: Zero Carbon in New Construction

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated September 6, 2022 from I. Brown, View Royal Climate Coalition, Re: Zero Carbon in New Construction be received for information. CARRIED

10. BYLAWS

a) Fees and Charges Bylaw No. 958, 2016 Amendment – Sewer Rates

1. Report dated August 31, 2022 from the Director of Finance

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT the report dated August 31, 2022 from the Director of Finance titled “Fees and Charges Bylaw No. 958, 2016 Amendment – Sewer Rates” be received. CARRIED

2. Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1108, 2022 A Bylaw to Amend the Town of View Royal Sanitary Sewer Rates in Fees and Charges Bylaw No. 958, 2016

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1108, 2022 be given first, second and third reading. CARRIED

b) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1105, 2022 – Short Term Rental Regulations

1. Report dated August 12, 2022 from the Community Planner Council and staff discussed that the proposed bylaw is intended to strengthen existing Zoning Bylaw provisions and examples of what would constitute a short-term rental.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT the report dated August 12, 2022 from the Community Planner titled “Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1105, 2022 – Short Term Rental Regulations” be received. CARRIED

2. Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1105, 2022 A Bylaw to Amend Zoning Bylaw No. 900, 2014 Regarding Short-Term Rentals

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1105, 2022 be given first and second reading. CARRIED

c) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 A Bylaw to Amend the Zoning Bylaw with Respect to Amending the Zoning of the Property Located at 110 High Street

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 be given third reading. CARRIED

d) Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022 A Bylaw to Amend Parks and Public Place Bylaw No. 986, 2018

Council and staff discussed the parks listed in section 18.4 of the amending Bylaw No. 1095.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT the adoption of Parks and Public Places Bylaw No. 986, 2018 be deferred to a future Council meeting. CARRIED

e) Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1094, 2022 A Bylaw to Amend Municipal Ticket Information Bylaw No. 643, 2007

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT the adoption of Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1094, 2022 be deferred to a future Council meeting. CARRIED

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

a) Cannabis Fees Review – Councillor Rogers

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

C-83-22 THAT staff review the Town’s cannabis business license fees. CARRIED

b) Zero Carbon in New Construction – Councillor Lemon

MOVED BY: Councillor SECONDED BY: Councillor

THAT the information regarding zero carbon in new construction from Councillor Lemon be received. CARRIED

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich

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) – land and (k) – municipal service. CARRIED

15. RISING REPORT

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

a) Crossing Guard Services Funding

From the September 6, 2022 In-Camera meeting:

MOVED BY: Councillor Kowalewich SECONDED BY: Councillor Lemon

THAT a letter be sent to School District No. 61 Board of Education informing them that the Town of View Royal will fund crossing guard services in the amount of $37,600 for the 2022/2023 school year;

AND THAT the letter also provide notice that this will be the last year the Town will fund crossing guard services. CARRIED

16. TERMINATION

MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich

THAT this meeting now terminate. Time: 9:51 p.m. CARRIED

MAYOR

CORPORATE OFFICER