TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - MARCH 4, 2008

AGENDA

1. CALL TO ORDER (Mayor)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF

• Minutes of the Public Hearing held February 19, 2008...........................................................Pg. 1-3 (adoption)
• Minutes of the Council meeting held February 19, 2008 ......................................................Pg. 4-11 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Proposed Liquor Primary Licence 1708 Island Highway (Great Canadian Casino)

1. Report dated January 31, 2008 from the Planner.........................Pg.12-16

Staff Recommendation:

THAT, pursuant to Section 11.1 (2)(c) of the Liquor Control and Licensing Act, Council pass a resolution recommending approval of the application of Great Canadian Gaming Corp. for a Liquor Primary Licence at the Great Canadian Casino premises at 1708 Island Highway, AND THAT this resolution apply to both the temporary area in which it is proposed liquor will be served during the construction phase of the Casino redevelopment, and also the proposed area in which the Casino intends to serve liquor after the redevelopment.

b) Draft Safe Premises Bylaw No. 652, 2007 – Minor Amendments

1. Report dated February 28, 2008 from the Director of Corporate Administration/Deputy Municipal Clerk .......................................Pg. 17-41

Staff Recommendation:

THAT, pursuant to section 59 of the Community Charter, Council consider and approve the notice provided as Attachment “C” to the February 28, 2008 report entitled “Draft Safe Premises Bylaw No. 652, 2007 – Minor Amendments” for posting on both the Town’s public notice board and web site from March 6, 2008 until the day after adoption of the subject bylaw by Council.

c) Development Permit Application No. 01/08 218 Hart Road (Steffen Hagen & Glenn Balderston)

1. Report dated February 28, 2008 from the Planner......................Pg. 42-96

Staff Recommendation:

THAT Council authorize the issuance of Environmental Development Permit No. 01/08 which would have the effect of:

a) relaxing the minimum allowable setback for buildings and structures from the natural boundary of Esquimalt Harbour required under Section 36 (2) (Special Setbacks) of Land Use Bylaw, 1990, No. 35, from 15.0 metres (49.2 feet) to 5 metres (16.4 feet) for a storm water drain as shown in the site plan labelled ‘Schedule 1’ attached to the staff report dated February 28, 2008; and

b) regulating development within the environmental management area of the property in accordance with Section 5.2.10 (Hart Waterfront) of the Official Community Plan, Bylaw No. 361, 1999 to allow:

• the construction of a single family dwelling on Proposed Lot 2, adjacent to a decommissioned septic field;
• the construction of a proposed permeable surface access driveway to both proposed lots, due to the closure of the Mellor Road access;
• the provision of a 100mm sanitary sewer line and other utilities beneath the driveway within a 5m easement from the new lot to Hart Road;
• The construction of a 1.2m high retaining wall to protect existing trees adjacent to an historic trail leading to the foreshore; and
• the provision of a 100mm storm drain from the existing lot, daylighting near to an outfall on Esquimalt Harbour.

as shown in the site plan labelled ‘Schedule 1‘ attached to the staff report dated February 28, 2008; for the property described as Lot ‘A’, Section 98, Esquimalt District, Plan VIP78558 (218 Hart Road), SUBJECT TO the following terms and conditions:

1. Any works within the 15 metre leavestrip shall be monitored by a Registered Professional Biologist (R.P. Bio.).
2. As many trees as possible to be retained on the site to reduce impacts on the local ecosystem.
3. Archaeological monitoring is required within the entire construction area of the property for the installation / construction of all proposed works. A Heritage Conservation Act site alteration permit will be required.
4. The stone retaining wall will be constructed using clean blasted rock / clean backfill and will not involve the use of mortar or cement. A dry-stacking technique is to be employed, using a mini-excavator with rubber track for minimal surface impact.
5. Noisy construction activities to be scheduled outside of the bird-breeding season (April through June). A biologist to visit the site pre-construction to locate any nesting birds on the property and to recommend appropriate measures be taken to mitigate any adverse effects.
6. Use of Best Management Practices for any required blasting work to reduce impacts on wildlife (e.g. minimal effective charge, shock matting, the use of hydraulic versus air drills etc.

8.2 COMMITTEE REPORTS

a) From the Budget Committee of the Whole meeting held February 25, 2008

Recommendations:

• Artist Response Team Grant-in-Aid Request
  1. THAT $1000.00 be approved as a Grant-in-Aid to the Artist Response Team Inc. for 2008.(COW 13-08)

8.3 OTHER REPORTS

a) Minutes of the West Shore Parks and Recreation Society Board meeting held January 10, 2008 ............................................... Pg. 97-102

b) Minutes of the Capital Regional District Board Committee of the Whole meeting held on January 30, 2008 ................................. Pg. 103-106

c) Minutes of the Capital Regional District Board Committee of the Whole meeting held on February 13, 2008................................ Pg. 107-108

d) Minutes of the Capital Regional Hospital District Board meeting held on February 13, 2008.................................................. Pg. 109-110

e) Minutes of the Capital Regional District Board meeting held on February 13, 2008 ......................................................................... Pg. 111-131

9. CORRESPONDENCE

9.1 FOR ACTION

1. Letter received February 28, 2008 from Councillor C. Graham, Chair, Greater Victoria Public Library Board, Re: Greater Victoria Public Library 2008 Operating Budget........................................................................ Pg. 132-146

2. Letter received February 21, 2008 from P. Fibiger, CEO, West Shore Economic Development Association, Re: Request for Funding for a new Tourism Information Centre through Town Grant Opportunities .................Pg. 147

3. Letter received February 21, 2008 from G. Sloan, Appointed Facilitator, Capital Regional District, Re: Facilitation Process – Regional Growth Strategy Amendment ........................................................................... Pg. 148-149

4. Letter received February 20, 2008 from C. Thiel, Corporate Officer, Capital Regional District, Re: CRD Bylaw No. 3510, Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008 ..................................................................................................... Pg. 150-174

5. Letter received February 15, 2008 from R. Stanwick, Chief Medical Health Officer, Vancouver Island Health Authority, Re: Smoke Free Premises Policy............................................................................................Pg. 175

6. Letter received February 14, 2008 from N. Jensen, Chair, Regional Water Supply Commission, Capital Regional District, Re: Request for Support and Additional Funding for the American Bullfrog Eradication Program .......................................................................................................Pg. 176

7. Letter received February 15, 2008 from 140 St. Giles Street, Re: Proposed CRD Sewage Treatment System ........................................ Pg. 177-186

9.2 FOR INFORMATION

1. Letter received February 14, 2008 from R. Thorpe, Minister, Ministry of Small Business and Revenue and Minister Responsible for Regulatory Reform, Re: Mobile Business Licences ................................................ Pg.187-189

10. BYLAWS

1. Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 706, 2008 A Bylaw to amend the Land Use Bylaw with respect to the Comprehensive Development (Casino) CD-6 zone ............................................................................Pg. 190 (third reading and adoption)

11. NEW BUSINESS

13. QUESTION PERIOD

14. MOTIONS & NOTICES OF MOTION

15. CLOSED MEETING RESOLUTION

THAT there is 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 Sections 90 (1)(d), Section 90 (1)(e) and Section 90 (1)(g) of the Community Charter.

16. TERMINATION

Next Regular Council Meeting: Tuesday, March 4, 2008 at 7:00 p.m.