TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - MAY 20, 2008

AGENDA

1. CALL TO ORDER (Mayor)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF

• Minutes of the Public Hearing meeting held May 6, 2008......................................................Pg. 1-7 (adoption)
• Minutes of the Council meeting held May 6, 2008 ...............................................................Pg. 8-14 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS Beth Burton-Krahn, Sewage Treatment Action Group, Re: Alternate Site Proposal for the Sewage Treatment Plant Proposed for Macaulay Pt. ......................................Pg. 15-17

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES 7.1 Development Cost Charge Review Update

8. REPORTS

8.1 STAFF REPORTS

a) Development Permit Application No. 05/08 174 Helmcken Road (Abstract Development Inc.)

1. Report dated May 14, 2008 from the Planning Technician.........Pg. 18-26

Staff Recommendation:

THAT Council authorize the issuance of Development Permit No. 05/08 which would have the effect of regulating development within the environmental management area of the property in accordance with Section 5.2.9 (Natural Watercourse and Shoreline Areas) of the Official Community Plan, Bylaw No. 361, 1999 to allow for:

• the construction of a new stormwater headwall and splash apron;
• the erection of a rustic cedar split-rail fence along the boundary of the dedicated park;
• the removal of non-native plant species in the area; and
• replanting of the dedicated park area with mixed native riparian vegetation,

on the property described as Lot A, Section 91, Esquimalt District, Plan VIP84537 (174 Helmcken Road), as shown in the Landscape Plan, L1, and Planting & Fencing Details, L2, labelled ‘Schedule 1’ and ‘Schedule 2’ respectively, and attached to the staff report dated May 14, 2008; SUBJECT TO the following terms and conditions:

1. All works within the 15 metre leavestrip shall be monitored by a Registered Professional Biologist (R.P. Bio.).
2. Removal of the non-native species are to be to a depth of 15cm and shall be done under the supervision of an Registered Professional Biologist (R.P.Bio.).
3. Planting medium shall be introduced to replace the soil lost through non-native species removal and the area shall be mulched to a depth of 10cm with a composted mulch (e.g. leaf mould).
4. Replanting of the buffer area will consist of a variety of native species, as indicated in the environmental report by Enkon Environmental, dated March 10, 2008, and attached to the staff report dated May 14, 2008.
5. Construction of the new headwall and splash apron must be timed within the appropriate fisheries window. For marine environments within the south coast area, this window ranges from June 1st through February 15th. No construction off the headwall or splash apron shall occur between February 16th through May 31st inclusive.
6. Construction of the new headwall and splash apron must be done utilizing the mitigation techniques outlined within the environmental report by Enkon Environmental, dated March 10, 2008, and attached to the staff report dated March 14, 2008. Grout and sediment erosion control measures shall be installed and monitored by a Registered Professional Biologist (R.P.Bio.) to prevent migration of sediment or other deleterious materials from entering Portage Inlet.
7. The Permittee must deposit with View Royal security in the form of an irrevocable letter of credit, cash or certified cheque, in the amount of 100% of the estimated cost of installing all hard and soft landscaping works. View Royal shall release this security deposit to the Permittee upon receipt of written and sealed statements, satisfactory to the Approving Officer, from a Landscape Architect registered in the Province of British Columbia, verifying that the landscaping and screening works have been completed in accordance with this Permit.

b) Development Permit Application No. 07/07 (Lakeside Village Mixed Use Site – Forsite Developments)

1. Report dated May 14, 2008 from the Planning Technician.........Pg. 26-60

Staff Recommendation:

THAT Council authorize the issuance of Development Permit Application No. 07/07 which would facilitate the construction of mixed use commercial and residential development on the property described as Lot 1, Section 6, Esquimalt District, Plan VIP78337 (Lakeside Village Mixed Use Site), SUBJECT TO the registration of easements for public access between Six Mile Road and the Park and the implementation of the tree conservation plan dated May 9, 2008, and attached to the staff report dated May 14, 2008.

8.2 COMMITTEE REPORTS

a) From the Committee of the Whole meeting held May 13, 2008

Recommendations:

• Miscellaneous Appointments

1. THAT the Committee recommends to Council that the following appointments be made:

Officers:

Other Appointments:

• Advisory Committees – Clarification of Various Matter

2. THAT the Committee recommend to Council that “public participation” be eliminated from the Advisory Committee meeting agendas; AND THAT the Committee recommend to Council that Procedure Bylaw No. 677, 2007 and the Advisory Committee Procedures be amended to reflect the removal of “public participation” from Advisory Committee meetings; AND THAT “petitions and delegations” remain on the Advisory Committee meeting agendas; AND FURTHER THAT the Committee recommend to Council that an opening statement be prepared for Advisory Committee Chairs to read at their meetings advising that the meeting is open to the public but that public participation is to be directed to the Committee of the Whole and/or Council. (COW-38-08)

• Amendment to Municipal Ticket Information Bylaw No/ 643, 2007 for Animal Control Bylaw and Safe Premises Bylaw

3. THAT the Committee recommend to Council that first, second and third readings be given to Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 716, 2008 at the next open meeting of Council. (COW-39-08)

• Mellor Park

4. THAT the Committee recommend to Council that staff be directed to follow-up on the directions given to the owner of 218 Hart Road concerning their access through Mellor Park. (COW-40-08)

• Parks, Recreation and Environment Advisory Committee Recommendations Re: DP No. 13/08 (Burnside Corner Townhouse Site)

5. THAT, regarding Development Permit Application No. 03/08 Burnside Corner Townhouse Site – Lubor Trubka Architects, the Committee recommend to Council that there be no planting of any known invasive species within the development; AND THAT the boulevard treatment be consistent with Town policy; AND THAT best management practices for drainage issues be employed, including storm water retention for on-site irrigation; AND THAT low impact blasting and air spading be employed for areas bordering the park and where appropriate. (COW-41-08)

• Trail Connection to Mill Hill Park

6. THAT the Committee recommend to Council that staff be directed to write to the Capital Regional District to advise them that an appropriate trail has been identified to connect Chilco Ridge to Mill Hill Park. (COW-42-08)

• Community Gardens

7. THAT the Committee recommend to Council that staff be directed to contact the City of Victoria to request their policy that relates to the use of parks for community gardens. (COW-43-08)

• Development Permit Application No. 03/08 (Burnside Corner Townhouse Site – Lubor Trubka Architects)

8. THAT the Committee recommend to Council that Development Permit Application No. 03/08 be referred to Council for authorization of a Development Permit to facilitate the construction of a 21 unit multifamily townhouse development on the property described as Lot B, section 6, Esquimalt District, Plan VIP83784 (Burnside Corner Townhouse Site), SUBJECT TO the applicant providing a tree protection strategy prior to issuance of any Building Permit. (COW-44-08)

• Development Permit Application No. 04/08 (10 Erskine Lane – Misra Architect Ltd.)

9. THAT the Committee recommends to Council that Development Permit Application No. 04/08 be referred to Council for authorization of a Development Permit to facilitate the construction of a 27 unit multifamily condominium development on the property described as That Part of Lot 3, of Section 93, Esquimalt District, Plan 4206, lying south easterly of a boundary parallel to and perpendicularly distant 187 feet from the south easterly boundary thereof, Except part in Plan VIP61887 (10 Erskine Lane). (COW-45-08)

• Tree Planting List

10. THAT the Committee recommends to Council that the tree planting list be forwarded to Committee of the Whole; Planning and Development; and Parks, Recreation and Environment Advisory Committees for information. (COW-46-08)

• Areas Subject to Flooding

11. THAT the Committee recommend to Council that staff be directed to prepare a report outlining possible approaches to protecting development against flooding with recommendations for the consulting work as required. (COW-47-08)

8.3 OTHER REPORTS

1. Minutes of the Capital Regional District Board meeting held April 30, 2008....................................................................................................Pg. 61-63
2. Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held April 10, 2008 ...................................................Pg. 64-69

9. CORRESPONDENCE

9.1 FOR ACTION

1. Letter received May 8, 2008 from Councillor C. Day, Intermunicipal Advisory Committee on Disability Issues, Re: Disability for a Day, Awareness for a Lifetime Event..................................................................... Pg. 70
2. Letter received May 5, 2008 from R. Northey, Chairman, Association of Douglas Street Businesses, Re: Capital Region District Transportation Plan...........................................................................................................Pg. 71-72

9.2 FOR INFORMATION

10. BYLAWS

1. Official Community Plan Bylaw No. 361, 1999, Amendment Bylaw No. 710, 2008 A Bylaw to amend the Official Community Plan to include Provisions for a new Conard Street Comprehensive Development Land Use Designation and to Redesignate Property at 10-12 Helmcken Road and 15-25 Conard Street (third reading and adoption) ..................................................................................Pg. 73-79

2. Land Use Bylaw No. 35, 1990, Amendment Bylaw No. 711, 2008 A Bylaw to amend the Land Use Bylaw with respect to the Inclusion of Provisions for a New Residential Comprehensive Development Zone (Conard Street) CD-13 Zone and to Rezone Property at 10-12 Helmcken Road and 15-25 Conard Street (third reading and adoption) ..................................................................................Pg. 80-82

3. Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 716, 2008 A Bylaw to amend Municipal Ticket Information Bylaw No. 643, 2007 .................Pg. 83-88 (first, second and third reading)

4. Thetis Cove Local Area Service Establishment Bylaw No. 717, 2008 A Bylaw to establish a local area service ..............................................................Pg. 89-94

Staff Recommendation: THAT Council receive the certification from the Corporate Officer pertaining to the sufficiency and validity of the local area service petition from K. Weaver of Thetis Cove Estates Ltd. dated May 5, 2008;

AND FURTHER THAT Council consider that the services in the Thetis Cove development provide a particular benefit to that part of the municipality;

AND THAT Council give first, second and third reading to Thetis Cove Local Area Service Establishment Bylaw No. 717, 2008.

11. NEW BUSINESS

13. QUESTION PERIOD

14. MOTIONS & NOTICES OF MOTION

15. CLOSED MEETING RESOLUTION

16. TERMINATION

Next Regular Council Meeting: Tuesday, June 3, 2008 at 7:00 p.m.