TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - FEBRUARY 5, 2008

AGENDA

1. CALL TO ORDER (Mayor)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF Minutes of the Council meeting held January 22, 2008 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS 5.1 Bill Stavdal, Interim Chair, View Royal Climate Change Task Force, Re: Preliminary Recommendations

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

   8.1 STAFF REPORTS

   a) Development Variance Permit Application No. 01/08 –199 Island Highway (Four Mile Pub)

   1. Report dated January 30, 2008 from the Planner

   Staff Recommendation: THAT Council authorize the issuance of Development Variance Permit No. 01/08 which would have the effect of relaxing the following regulation required under Section 49(2)(e)of Land Use Bylaw, 1990, No. 35, with respect to an existing approved ‘flashing’ sign located on property within the Town of View Royal:

   • variance of the provision that prohibits ‘Flashing Signs’ in any sign zone, to allow a reduction in the message change interval of the existing Readograph sign on the site from five (5) minutes to thirty (30) seconds for the property described as Lot 12, Section 3, Esquimalt District, Plan 3738 (199 Island Highway), SUBJECT TO full compliance with the restrictions of Subsection 48 (6)(q) of the Land Use Bylaw wherein only the lettering, numerals or symbols contained in the message area may be back-lit. Display surface backgrounds and borders must be completely opaque to internal illumination.
   2. Comments from the Applicant
   3. Comments from the Public
   4. Correspondence

   b) Development Variance Permit Application No. 02/08 – 140 Hallowell Road (Thetis Cove Estates)

   1. Report dated January 29, 2008 from the Planner

   Staff Recommendation: THAT Council authorize the issuance of Development Variance Permit No. 02/08 which would have the effect of relaxing the following regulations required under the Comprehensive Development (Thetis Cover Waterfront) Sub-Zone CD 8-C Table of Section 43 (2) of Land Use Bylaw, 1990, No. 35 :

   • variance of the minimum allowable front yard setback requirement from 15 metres (49.2 feet) to a front yard setback of 1.2 metres (4 feet);
   • variance of the minimum allowable side yard setback from 15 metres (49.2 feet) to a combined side yard setback of 1.2 metres (4 feet), with the exception of Proposed Strata Lot 1, which will maintain a minimum 1.5 metre setback from the boundary with Portage Park;
   • variance of the minimum allowable rear yard setback from 15 metres (49.2 feet) to a rear yard setback of 0 metres; and
   • variance of the parking location requirement under Section 45 (1) to allow for 3 parking stalls required under Phase 1 to be located within a subsequent phase. for the property described as Part Lot ‘A’, Section 2, Esquimalt District, Plan 31051 (140 Hallowell Road) SUBJECT TO the following terms and conditions:
   1. The developer to ensure the registration of covenants in favour of the Strata Corporation against the bare land strata lots being developed, to allow for utility and drainage provision and maintenance, as well as to allow for the maintenance of strata units where a zero lot-line has been approved.
   2. Comments from the Applicant
   3. Comments from the Public
   4. Correspondence

   c) Development Permit Application No. 01/08 – 218 Hart Road (S. Hagen & G. Balderston)

   1. Report dated January 28, 2008 from the Planner

   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 building 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 3 metres (9.8 feet) for a storm water drain as shown in the site plan labelled Schedule 1 attached to the staff report dated January 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 the decommissioned septic field;
   • the construction of a proposed gravel access road to both proposed lots due to the closure of the Mellor Road access;
   • the provision of an above-ground 100mm storm drain from the existing lot to an outfall on Esquimalt Harbour; and
   • the provision of a 100mm sanitary sewer line from the new lot to Hart Road.
   • the provision of a retaining wall to protect trees on the property adjacent to an historic trail leading to the foreshore.
   • The development of a nature trail in the grassy margins of the estuary. as shown in the site plan labelled Schedule 1 attached to the staff report dated January 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. Works within the 15 metre leavestrip shall be monitored by a Registered Professional Biologist (R.P. Bio.) during construction of any proposed shoreline trail; such works to follow Department of Fisheries and Oceans (DFO) standards.
   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 area of the proposed gravel access road and utility installation. A Heritage Conservation Act site alteration permit will be required.
   4. Noisy construction activities to be scheduled outside of the bird breeding season (April through June).
   5. Use of Best Management Practices for blasting work to reduce impacts on wildlife (e.g. minimal effective charge, shock matting, the use of hydraulic versus air drills etc.

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

   1. Report dated January 31, 2008 from the Planner

   Staff Recommendation: THAT, pursuant to Section 11.1 (2)(c) of the Liquor Control and Licensing Act, Council authorize staff to notify residents and property owners within a 400-metre radius of the Great Canadian Casino site at 1708 Island Highway legally described as Lot A, Section 104, Esquimalt District, Plan 39031, regarding the application for a Liquor Primary Licence submitted by Great Canadian Gaming Corporation; AND FURTHERMORE THAT a hearing date be set for Council’s consideration of the Liquor Primary Licence on February 19, 2008.

   8.2 COMMITTEE REPORTS

   8.3 OTHER REPORTS

   1. Minutes of the Capital Regional District Board meeting held January 9, 2008
   2. West Shore Parks and Recreation Society – 2008 Budget

9. CORRESPONDENCE

9.1 FOR ACTION

1. Letter received January 17, 2008 from 231 Heddle Avenue Re: Shoulder Work at Heddle Avenue
2. Letter received January 24, 2008 from S. Hvozdanski, Supervisor of Strategic Planning, District of Saanich, Re: Draft Official Community Plan

9.2 FOR INFORMATION

1. Letter received January 17, 2008 from H. Freedman & G. Horth, CREST, Re: Update on CREST Services
2. Letter received January 21, 2008 from A. Pollock, President, West Shore Chamber of Commerce, Re: Support for West Shore Branding

10. BYLAWS

1. Safe Premises Bylaw No. 652, 2007 A Bylaw to regulate, prohibit or impose requirements respecting health and safety on property (first, second and third readings)
2. Street Naming Bylaw No. 702, 2008 A Bylaw to assign the names of Highways (adoption)
3. Fees and Charges Bylaw No. 583, 2006, Amendment Bylaw No. 703, 2008 A Bylaw to amend Fees and Charges Bylaw No. 583, 2006 (adoption)
4. Zoning Amendment Application No. 01/08 – 1708 Island Highway (Great Canadian Casino) a) Report dated January 30, 2008 from the Planner Staff Recommendation: THAT Council give first and second readings to Zoning Amendment Bylaw No. 706, 2008, regarding the inclusion of ‘Premises licensed under the Liquor Control and Licensing Act’ as a Permitted Use within the Comprehensive Development (Casino) CD-6 Zone; AND FURTHERMORE THAT a Public Hearing be scheduled for February 19, 2008 b) 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 (first and second readings, and Public Hearing for February 19, 2008)

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

14. 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)(a), Section 90 (1)(c) and Section 90 (1)(g) of the Community Charter.

15. TERMINATION

Next Regular Council Meeting: Tuesday, February 19, 2008 at 7:00 p.m.