MINUTES OF A COUNCIL MEETING HELD ELECTRONICALLY ON TUESDAY, JUNE 2, 2020

TOWN OF VIEW ROYAL

MINUTES OF A COUNCIL MEETING

HELD ELECTRONICALLY ON TUESDAY, JUNE 2, 2020 UNDER THE AUSPICES OF THE EMERGENCY PROGRAM ACT MINISTERIAL ORDER NO. M139

PRESENT WERE:

• Mayor Screech
• Councillor Kowalewich
• Councillor Lemon
• Councillor Mattson
• Councillor Rogers

PRESENT ALSO:

• K. Anema, Chief Administrative Officer
• S. Jones, Director of Corporate Administration
• L. Chase, Director of Development Services
• D. Christenson, Director of Finance
• J. Rosenberg, Director of Engineering
• P. Hurst, Director of Protective Services
• E. Bolster, Deputy Corporate Officer
• 0 members of the public
• 0 members of the press

1. CALL TO ORDER

Mayor Screech called the meeting to order at 7:00 p.m.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Lemon SECONDED BY: Councillor Rogers

THAT agenda be amended to include items 6.1(c)(3)(a) and (d)(2)(a), 7.1(c), 7.2(c-d) and 11 – Closed Meeting Resolution and move item 7.1(a) after item 7.2(d);

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held May 19, 2020

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the minutes of the Council meeting held May 19, 2020 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor indicated that the public hearing set for June 16 will be conducted through Teams telephone technology and staff will undertake some practice sessions in advance with various groups to ensure people are comfortable.

5. BUSINESS ARISING FROM PREVIOUS MINUTES

6. REPORTS

6.1 STAFF REPORTS

a) Energy Step Code Adoption

1. Report dated April 21, 2020 from the Building Official

The Director of Protective Services summarized the report for Council.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

C-69-20 THAT by 2022, following the Provincial guidelines, Part 3 buildings be required to meet Step 2 and Part 9 buildings be required to meet Step 3 of the BC Energy Step Code;

AND THAT the related Strategic Plan work plan item under the “Environmental Stewardship” priority be amended to reflect this delay. CARRIED

b) Environmental Development Permit – Natural Watercourse and Shoreline Environmental Development Permit Area – 49 Tovey Crescent

1. Report dated May 27, 2020 from the Community Planner

The Director of Development Services reviewed the report for Council.

Council and staff discussed the potential requirement for a railing to be installed on the retaining wall for safety.

2. Comments from the Applicant

3. Correspondence a) Email dated May 26, 2020 from R. Wilms and M. Bellamy-Wilms, 53 Tovey Crescent, Re: Development Permit No. 2020/02 – 49 Tovey Crescent

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT the email dated May 26, 2020 from R. Wilms and M. Bellamy-Wilms, 53 Tovey Crescent, Re: Development Permit No. 2020/02 – 49 Tovey Crescent be received. CARRIED

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

C-70-20 THAT Development Permit No. 2020/02 be approved as per the report dated May 27, 2020 from the Community Planner titled “Environmental Development Permit – Natural Watercourse and Shoreline Environmental Development Permit Area – 49 Tovey ...... Crescent”;

AND THAT removal of non-native species described in the Environmental Assessment dated February 5, 2020 be completed;

AND THAT new planting within the 15m setback to the natural boundary be limited to native species;

AND FURTHER THAT Development Permit No. 2020/02 include the following variances:

• variance to the setback from the natural boundary to the sea from 15m to 10m;
• variance to the prohibition of retaining walls within the Development Permit Area; and
• variance to the height of retaining wall from 1.2m to 1.5m. CARRIED

c) Environmental Development Permit with Variance – Natural Watercourse and Shoreline Development Permit Area – 2750 Herbate Road

1. Report dated May 27, 2020 from the Community Planner

2. Comments from the Applicant

3. Correspondence a) Email dated June 2, 2020 from P. & S. Brown, Re: Development Permit No. 2020/04 – 2750 Herbate Road

MOVED BY: Councillor Mattson SECONDED BY: Councillor Kowalewich

THAT the email dated June 2, 2020 from P. & S. Brown, Re: Development Permit No. 2020/04 – 2750 Herbate Road be received. CARRIED

MOVED BY: Councillor Mattson SECONDED BY: Councillor Kowalewich

C-71-20 THAT Development Permit No. 2020/04 be approved as per the report dated May 27, 2020 from the Community Planner titled "Environmental Development Permit with Variance - Natural Watercourse and Shoreline Development Permit Area - 2750 Herbate Road";

AND THAT Development Permit No. 2020/04 include a variance to the setback from the natural boundary of any lake, pond, marsh or stream from 30m to 0m;

AND FURTHER THAT Development Permit No. 2020/04 include the following conditions:

• work will be completed during:
  • reduced-risk fisheries window - August 15 - September 15, 2020;
  • a period of forecasted dry weather;
• no heavy equipment will be used for the installation, all work will be by hand, including a handheld pile driver;
• no excavation or clearing of vegetation is required for installation;
• vegetation trimming will be minimized and limited to slightly wider than the dock and elevated walkway, vegetation will be allowed to regrow;
• no sediment will be permitted to enter McKenzie Lake during installation;
• environmental monitoring during the key phases of the installation:
  • project start up (pre-construction meeting with contractor);
  • during vegetation trimming;
  • periodically during installation of the dock; and
  • at completion. CARRIED

d) Development Permit Application No. 2020/05 – 1950 West Park Lane

1. Report dated May 27, 2020 from the Senior Planner

The Director of Development Services summarized the report for Council.

2. Comments from the Applicant a) Email dated May 31, 2020 from M. Baier, Limona Construction, Re: Development Permit Application No. 2020/05 – 1950 West Park Lane

3. Correspondence

MOVED BY: Councillor Lemon SECONDED BY: Councillor Kowalewich

THAT the email dated May 31, 2020 from M. Baier, Limona Construction, Re: Development Permit Application No. 2020/05 – 1950 West Park Lane be received. CARRIED

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT Development Permit No. 2020/05 for 1950 West Park Lane be tabled. DEFEATED Mayor Screech and Councillors Kowalewich, Lemon and Mattson opposed

MOVED BY: Councillor Kowalewich SECONDED BY: Councillor Lemon

C-72-20 THAT Development Permit 2020/05 for 1950 West Park Lane be approved as per the May 27, 2020 report from the Senior Planner titled “Development Permit Application 2020/05 - 1950 West Park Lane”;

AND THAT Development Permit 2020/05 include the following variances: a. Variance to the definition of grade from “the weighted average of the existing grade or the finished grade, whichever is lower” to “the finished grade as designated on the May 20, 2020 Civil Grading Plans prepared by Associated Engineering”. b. Variance to the maximum height of retaining walls from 1.2m to 3.1m. c. Variance to the maximum gradient and cross slope of parking spaces for residential zones from 6% to 9%. d. Variance to the minimum side lot line setback from 4.5m to 4.2m. e. Variance to the minimum rear lot line setback from 6.0m to 1.2m.

AND FURTHER THAT Development Permit 2020/05 include the following conditions: a. Environmental impacts and mitigation measures including steep slope and interface fire hazard management be implemented in accordance with Development Permit 2019/02. b. Landscape planting is to be done in accordance with current BCSLA/BCNTA Standards. c. A security deposit for hard and soft landscaping excluding the playground is required prior to building permit issuance. CARRIED Councillors Mattson and Rogers opposed