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Council Meeting/Documents/TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - TUESDAY, JUNE 16, 2009
Agenda

TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - TUESDAY, JUNE 16, 2009

June 16, 2009Pages 1–72 sections

The formal agenda for the Town of View Royal Council meeting, outlining business such as petitions for remediation projects, committee reports on land use bylaws, and correspondence regarding housing and local infrastructure.

Meeting Date: June 16, 2009 at 7:00 pmLocation: View Royal Municipal Office - Council ChambersDraft Tree Protection Bylaw No. 695, 2009 recommended for approval in principleIsland Highway Improvement Project discussion regarding 85% design and access options for Beaumont and Plowright RoadsProposed amendments to Land Use Bylaw No. 35 regarding building height, fence height, and accessory structuresRecommendation to allow urban agriculture (bee keeping and chickens) in residential areasAppointment of James Stirton to the Board of Variance until February 28, 2012Proposed first, second, and third readings for Residential Garbage and Household Food Waste Collection Bylaw No. 745, 2009

TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA

TUESDAY, JUNE 16, 2009 at 7:00 pm VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

1. CALL TO ORDER (Mayor)

2. APPROVAL OF AGENDA

(motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF

  1. Minutes of the Council meeting held June 2, 2009 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS

5.1 I. Chatwell, Senior Environment Officer, Transport Canada, Re: Planning the Remediation of Two Fill Sites in Thetis Cove

5.2 P. Lyons, Greater Victoria Watch Coalition, Re: Support for Public Sewage Treatment

5.3 G. Nijjar, 421 Nursery Hill Drive, Re: Seeking Relief from Covenant in Order to Construct a Shed on Property

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

8.2 COMMITTEE REPORTS a) From the Committee of the Whole meeting held June 9, 2009

Recommendations:

  • Draft Tree Protection Bylaw No. 695, 2009
    1. THAT the Committee recommend to Council that draft Tree Protection Bylaw No. 695, 2009 be approved in principle, pending the input of the Parks, Recreation and Environmental Advisory Committee;

AND THAT the Committee recommend to Council that the Parks, Recreation and Environment Advisory Committee be directed to draft a list of significant trees in the Town of View Royal. (COW-32-09)

  • Minutes of the Parks, Recreation and Environment Advisory Committee held May, 28, 2009

    1. THAT the recommendations in the Minutes of the Parks, Recreation and Environment Advisory Committee held May, 28, 2009 regarding the Protection of Ancient Trees be referred to Staff for input. (COW-33-09)
    2. THAT the Committee recommends to Council that staff be directed to provide an update to Council on the progress of confirming the right-of-way and cost estimates for opening up said right-of-way between the 1500 and 108 Glentana Road. (COW-34-09)
  • Island Highway Improvement Project – Scope, Costs and Timelines

    1. THAT the Committee recommends that Council direct staff to proceed with the 85% design of the entire project with the following options:
      • Full access to Beaumont and Plowright Roads remain and access to Stewart Avenue be limited to right turn in and right turn out only.
      • An access road providing full access and egress (left/right turn in and out) be constructed within the Town’s right of way to serve the properties from 160 to 182 Island Highway (please see option 3A – with modifications allowing full access – attached)
      • The property currently occupied by the fire hall is assumed to be at a workable grade.
      • The storm drainage works within Portage Park be constructed in a way to remove much of the existing invasive species and to promote the health of native species.
      • The parking lot and access road in Portage Park not be constructed.

AND THAT the Committee recommends that Council direct staff and the Council liaisons to engage the businesses and residents to determine the construction schedule that will cause the least amount of disruption.

AND THAT the Committee recommends that Council direct staff and the Council liaisons to work with businesses to strategize the promotion of their services during construction.

AND THAT the Committee recommends that Council direct staff to continue to engage the Songhees and Esquimalt First Nations during the design and construction of the entire project and particularly regarding Portage Park.

AND THAT the Committee recommends that Council direct staff to write the UBCM requesting permission to reduce the scope of the project, if necessary, in order to keep within the grant allocation.

AND THAT the Committee recommends that Council direct staff to apply for additional grant funding, if necessary, to complete the entire project. (COW-35-09)

  • J. Higginson, View Royal Sustainability Task Force: Re: Urban Agriculture THAT the Committee recommend to Council that staff prepare a report with a recommended approach to consider bylaw amendments to allow bee keeping and the keeping of chickens in residential areas. (COW-36-09)

  • Proposed Amendments to Land Use Bylaw No. 35 Building and Structure Height

    1. THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted to amend Land Use Bylaw, 1990, No. 35 to: * Establish a definition for average elevation based on a weighted average of the average elevation of each building segment. * That elevation be based on natural grade or finished grade, whichever is lower, with the exception of localized natural depressions and vehicle entrances no more than 10m wide or pedestrian entrances no more than 5m wide. * That the down-slope height of any building or structure in any zone can be no higher than 2.5m higher than maximum building height in that zone;

AND FURTHER THAT staff consult with building community prior to bringing an amendment bylaw to Council for further consideration. (COW-37-09)

  • Proposed Updates to Land Use Bylaw 1990, Bylaw No. 35 Fence Height
    1. THAT the Committee receive this report for information;

AND THAT the Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would: * Amend section 34 of Bylaw No. 35 to introduce a scheme for measuring fence height that depends on the grade, whether Natural Grade or Finished Grade, at the property line of adjoining lots. * Amend the definition of fence to include retaining walls or a combination of all features that might be combined together to form a screening structure. (COW-38-09)

  • Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Accessory Structures and Uses
    1. THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would: * Amend the “Accessory” definition to include the concepts of customarily incidental and exclusively devoted; * Permit multiple accessory buildings or structures on a lot provided that the total lot coverage of all accessory buildings or structures combined is not greater than 60m², or 10% of the lot area, whichever is smaller; * Amend the required setback for an accessory building or structure to the side and rear lot lines to 1.2m for all accessory buildings or structures; * Prohibit the placement of metal storage containers and soft-top carports; * Amend the required 3.0 m separation between accessory buildings and structures and the principal building to provide an exemption for oil tanks and heating, ventilation and air conditioning equipment. (COW-39-09)

  • Updates to Land Use Bylaw, 1990, Bylaw No. 35 Structures, Setback Exemptions and Retaining Walls
    1. THAT the Committee receive this report for information;
Page 1–7

AND THAT the Committee recommend to Council that a bylaw be drafted for Council consideration that amends Land Use Bylaw, 1990, No. 35 which would: * Amend the definition of structure to include additional exemptions for stairs, patios and decks no more than 0.3m (1ft) above grade, and hard landscaping no higher than the permitted fence height. * Amend Section 35(2) by: a) Deleting reference to fences and replacing with a reference to permitted accessory structures and buildings. b) Adding window wells to Section 35(2)(b) c) Including the provision that the roof overhangs and window wells may project up to 1m into any required yard provided they are no closer than 0.6m from any property line. d) Modifies Section 35(2)(c) to delete the reference that the list of architectural features to project 0.5m “beyond the face of the building” and replace with “into any required yard” e) Modifies Section 35(2)(c) to permit the architectural features to be up to 2m (6.56 ft) wide per building segment for front and flanking side yards. (COW-40-09)

  • Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Floor Area and Building Storeys
    1. THAT the Committee receive this report for information;

AND THAT Committee recommend to Council that a bylaw be drafted to amend Land Use Bylaw, 1990, No. 35 to: * Exclude from floor area calculations those areas of a building where the floor to ceiling height is less than 1.5 m (5ft) provided the area is located within a crawl space with a ceiling height less than 1.2m (4ft) above grade or the area is located within the framing of the roof. * Include regulations that specify that ceiling height for crawl spaces be measured to the floor joists of the floor above and to the ceiling joists for areas within the framing of the roof. * Exclude from floor area calculations and the definition of storey enclosed rooftop structures containing exclusively stairwells, elevator lifting devices and heating, ventilation and air conditioning equipment. * Amend the floor area definition so that floor area is measured the exterior of the foundation or sheathing of exterior walls, but to the interior side of walls enclosing any floor are space within the framing of the roof. * Amend the floor area definition to clearly specify that floor area is the space enclosed by the plan view of the floor to exterior walls, irrespective of whether there is open space such as occurs in stairwells or adjacent to loft structures. * Amend all the zoning tables to remove the word “or” separating a maximum measured height regulation from a maximum number of storey regulation and replace with the word “and.” * Delete the “Cellar” definition, redefine “Basement”, and exempt “Basements” from being considered a storey only when the ceiling height is less than 0.6 m (2 ft) above average grade. * Amend the storey exemption for below-ground parking areas whereby the ceiling height must be only 1.2 m (4 ft) rather than the existing 1.8m (5.9ft) above average grade.

AND FURTHER THAT staff consult with building community prior to bringing an amendment bylaw to Council for further consideration. (COW-41-09)

  • Development Procedures Bylaw Amendment
    1. THAT this report be received for information;

AND that the Committee recommend to Council that Bylaw No. 730, 2009 be amended to include a notification distance for rezoning in any of the “P” zones of 100 metres. (COW-42-09)

8.3 OTHER REPORTS a) Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held May 14, 2009.

9. CORRESPONDENCE

9.1 FOR ACTION

  1. Letter dated May 26, 2009 from J. Ranns, Mayor, District of Metchosin, Re: West Shore Parks and Recreation
  2. Letter dated June 1, 2009 from C. Edge, Executive Officer, Canadian Home Builders’ Association - Victoria, Re: Excellence in Creating Housing Affordability
  3. Letter dated May 28, 2009 from A. Hanet and J. Dyson, President and Executive Director, BC Coalition of People with Disabilities, Re: Use of Cell Phones and Other Hand Held Devices While Operating a Motor Vehicle
  4. Letter dated June 10, 2009 from D & G Hodson, 285 Kerwood Street, Re: 333A Stewart Avenue Dock Application
  5. Letter dated June 4, 2009 from D. Fortin, Mayor, City of Victoria, Re: Letter for Support for Johnson Street Bridge Infrastructor Funding
  6. Letter received June 4, 2009 from J. Cressy, Polaris Institute Re: Encouraging the Consumption of Tap Water Over Bottled Water

9.2 FOR INFORMATION

  1. Letter dated June 3, 2009 from R. Wrangler, 2nd Vice-President, United Steelworks Re: Support for Forest Workers in Need of Employment

10. BYLAWS

  1. Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007, Amendment Bylaw No. 746, 2009 A Bylaw to Amend Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007 (adoption)

  2. Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 747, 2009 A Bylaw to amend the Town of View Royal Development Procedures Bylaw with respect to the notification distance for rezoning applications in the “Public Use” zones. (first, second and third readings)

  3. Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009

  4. Report dated April 15, 2009 from the Engineering Technologist

Staff Recommendation: THAT Council receive this report for information;

AND THAT Council give first, second and third readings to Residential Garbage and Household Food Waste Collection Bylaw No. 745, 2009

a) Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009 A Bylaw to Regulate the Collection and Disposal of Garbage and Household Food Waste (first, second and third readings)

11. NEW BUSINESS

12. RISING REPORT

From the June 2, 2009 In-Camera Council meeting 1. Board of Variance Appointment

MOVED BY: Councillor Rogers SECONDED BY: Councillor Screech

THAT James Stirton be appointed to the Board of Variance from May 12, 2009 to February 28, 2012. CARRIED

13. QUESTION PERIOD

14. MOTIONS & NOTICES OF MOTION

15. CLOSED MEETING RESOLUTION

16. TERMINATION

Next Regular Council Meeting: Tuesday, July 7, 2009 at 7:00 p.m.

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Extracted from: 2009 06 16 Council Agenda