MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JULY 29, 2014

• 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. CARRIED

MOVED BY: Councillor Rogers SECONDED:

THAT the motion be amended to include an additional requirement that would read: “Parking be reassessed in two years to see if the number of parking spaces can be reduced and the number of trees can be increased along Millstream Creek”. MOTION FAILED

b) Statement of Understanding – Community Garden

1. Report dated July 14, 2014 from the Engineering Clerk The Chief Administrative Officer gave a summary of the report to Council. Council noted they are in support of the concept of the community gardens and discussed the following:

• siting and size of the proposed gardens within View Royal Park;
• proximity to residential units;
• size of individual plots;
• maintenance standards;
• management of the existing community gardens in View Royal Park;
• revenue to the Town in exchange for free water;
• statement of understanding content;
• usage by non-residents; and
• ability of the existing shed to accommodate additional gardeners.

B. Burdett, Community Gardener, noted that the size of the existing shed is sufficient and noted that it would be a privilege to garden in the View Royal Park location.

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the report dated July 14, 2014 from the Engineering Clerk titled “Statement of Understanding – Community Garden” be received. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-102-14 THAT the report dated July 14, 2014 from the Engineering Clerk titled “Statement of Understanding – Community Garden” be referred to the Parks, Recreation and Environment Advisory Committee for review and comment. CARRIED

c) Tree Removal Application – 345 Island Highway

1. Report dated July 22, 2014 from the Engineering Clerk

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-103-14 THAT approval be granted to the owner of 345 Island Highway for removal of the roots from two trees at the south-end of the parking lot/driveway;

AND THAT the applicant work with his arborist to develop a plan to minimize the impact to the trees;

AND THAT the status of the health of the trees be re-examined by the property owner in two years. CARRIED

d) Hallowell Road Level Rail Crossing Funding Process

1. Report dated July 25, 2014 from the Chief Administrative Officer

MOVED BY: Councillor Mattson SECONDED: Councillor Screech

C-104-14 THAT the expenditure of $600,000, equally funded by the Capital Regional District and 848052 BC Ltd. for the Hallowell Road Level Rail Crossing project be authorized;

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

e) Fire Hall Contingencies

1. Report dated July 25, 2014 from the Chief Administrative Officer The Chief Administrative Officer and Council discussed the new public safety building budget, specifically:

• reserves and contingencies;
• proceeds from equipment disposal;
• approved extras;
• proposed extras;
• owner contemplated changes; and
• completion costs.

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-105-14 THAT the “owner contemplated changes” described in the July 25, 2014 report entitled “Fire Hall Contingencies” prepared by the Chief Administrative Officer be approved. CARRIED

8.2 COMMITTEE REPORTS

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

a) Email dated July 29, 2014 from K. Johnson, President, Hallmark Heritage Society, Re: The Hallmark Heritage Society and Craigflower Schoolhouse

MOVED BY: Councillor Rast SECONDED: Councillor Mattson

THAT a letter of support be sent to the Hallmark Heritage Society to accompany their proposal to the Provincial Heritage Branch for use of the Craigflower Schoolhouse as the Society’s office and as a centre for community activities. CARRIED

9.2 FOR INFORMATION

a) Letter dated July 23, 2014 from L. Kaercher, Deputy Clerk, City of Langford, Re: Sewer Wastewater Treatment Plant

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the letter dated July 23, 2014 from L. Kaercher, Deputy Clerk, City of Langford, Re: Sewer Wastewater Treatment Plant be received for information. CARRIED

b) Information Bulletin dated July 16, 2014 from the Ministry of Forest, Lands and Natural Resource Operations, Re: Proposals Sought for the use of Craigflower Schoolhouse

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the information bulletin dated July 16, 2014 from the Ministry of Forest, Lands and Natural Resource Operations, Re: Proposals Sought for the use of Craigflower Schoolhouse be received for information. CARRIED

10. BYLAWS

a) Tree Protection Bylaw No. 695, 2009, Amendment Bylaw No. 895, 2014 A Bylaw to Amend Tree Protection Bylaw No. 695, 2009

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT Tree Protection Bylaw No. 695, 2009, Amendment Bylaw No. 895, 2014 be adopted. CARRIED

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

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-106-14 THAT the Ministry of Transportation and Infrastructure approval of off-site storm water management on Ministry of Transportation and Infrastructure lands be confirmed prior to consideration of fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014;

AND THAT a covenant be registered concurrent with fourth reading, should that proceed, 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. CARRIED

2. Official Community Plan 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

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT Official Community Plan No. 811, 2011, Amendment Bylaw No. 896, 2014 be given first and second reading. CARRIED

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

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 897, 2014 be given first and second reading. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-107-14 THAT Official Community Plan No. 811, 2011, Amendment Bylaw No. 896, 2014 be referred to Island Health, 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 referred to Ministry of Transportation and Infrastructure. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

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

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 B. Trenchard, president, EnViroTec General Contracting, 1127 Timber View, discussed setbacks; the treed area in the Galloping Goose right-of-way; blasting; and an amenity contribution.

MOVED BY: Councillor Screech SECONDED: Councillor Rast

C-108-14 THAT pending approval of fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 a covenant be registered 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 to fully 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.

AND FURTHER THAT the gazetted road be dedicated concurrent with fourth reading of Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014. CARRIED Councillor Mattson voted in the negative

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 102 Atkins Road

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT Official Community Plan No. 811, 2011, Amendment Bylaw No. 898, 2014 be given first and second reading. CARRIED Councillor Mattson voted in the negative

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

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 be given first and second reading. CARRIED Councillor Mattson voted in the negative

MOVED BY: Councillor Screech SECONDED: Councillor Rast

C-109-14 THAT Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 899, 2014 be referred to the Ministry of Transportation and Infrastructure. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rast

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

11. NEW BUSINESS

a) Homeless Sleeping in Municipal Parks

Councillor Rogers noted that there is an issue of the homeless sleeping in Portage Park, resultantly causing concern to residents. The Chief Administrative Officer noted that this issue is not exclusive to Portage Park and should be monitored with sensitivity. Council requested that staff provide an update on the status of proposed related bylaw amendments and review available options.

12. RISING REPORT

13. QUESTION PERIOD

14. MOTIONS & NOTICES OF MOTION

15. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

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. CARRIED

16. TERMINATION

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT this meeting terminate. Time: 9:21 p.m. CARRIED

MAYOR __________________________ CLERK __________________________