TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - OCTOBER 4, 2011

AGENDA

1. CALL TO ORDER (Mayor Hill)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF a) Minutes of the Public Hearing held September 20, 2011 .......................................... Pg. 1-9 (adoption) b) Minutes of the Council meeting held September 20, 2011 ................................... Pg. 10-22 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS a) S. Baird, 542 Prince Robert Drive, Re: BC Hydro Property Between Heddle Avenue and Prince Robert Drive .............................................................. Pg. 23

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Environmental Development Permit No. 2011/10– 325 Bessborough Close

1. Report dated September 28, 2011 from the Acting Planning Technician .......................................................................................... Pg. 24-47

Staff Recommendation: THAT Council consider approval of Development Permit 2011/10 as per the plans attached to the report from the Planning Technician at the October 4, 2011 Council meeting:

AND THAT Development Permit 2011/10 include the following variances:

• Variance to the 15m setback from the natural boundary of the sea specified in Land Use Bylaw, 1990, No. 35 from 15 metres to 0 meters to legalize the uplands portion of an existing pier, and to legalize an existing stairway used to access the pier.

2. Comments from the Applicant
3. Comments from the Public
4. Correspondence

b) Development Variance Permit No. 2011/06 – 44 Bamford Court

1. Report dated September 28, 2011 from the Acting Planning Technician .......................................................................................... Pg. 48-53

Staff Recommendation: THAT Council consider approval of Development Variance Permit 2011/06 to vary the rear yard setback in the Mill Hill Residential Comprehensive Development (CD-16 Zoning Table) specified in Land Use Bylaw, 1990, No. 35 from 6m to 1.3m as per the plans attached to the report from the Planning Technician at the October 4, 2011 Council meeting:

AND THAT Development Variance Permit 2011/06 include the following condition:

• That any dwelling on the lot be sprinklered to the satisfaction of the Fire Chief;
• THAT Development Variance Permit 2011/03 rescinded.

2. Comments from the Applicant
3. Comments from the Public
4. Correspondence

c) Environmental Development Permit No. 2011/06 – 2400 Burnside Road West

1. Report dated September 29, 2011 from the Senior Planner ............. Pg. 54-72

Staff Recommendation: THAT Council consider approval of Development Permit 2011/06 as per the plans attached to the report from the Senior Planner at the October 4, 2011 Council meeting and that the following be included as conditions of the Permit:

• Establishment of stakes to mark the perimeter of the Craigflower Creek and ditch Streamside Protection and Enhancement Areas;
• Restoration of the cleared areas within the two SPEAs by reseeding the exposed soil
• No further clearing and cutting of grass within the SPEAs; and
• No grass cuttings be placed in the SPEAs.

AND THAT Development Permit 2011/06 include a variance to the Land Use Bylaw, 1990, No. 35, to permit the use of two metal shipping containers as accessory structures.

2. Comments from the Applicant
3. Comments from the Public
4. Correspondence

d) Environmental Development Permit 2010/15 – 2429 Chilco Road (Limona Phase 6)

1. Report dated September 29, 2011 from the Senior Planner ........... Pg. 73-157

Staff Recommendation: THAT Council approve Development Permit 2010/15 which will permit the subdivision, subject to Approving Officer approval, of 2429 Chilco Road into 19 single family residential lots and two multi-family lots and will permit land clearing and grading works to begin on private property;

AND THAT the following be included as conditions in the permit:

• A Site Servicing Agreement must be completed prior to the installation of services or modifications to the Cheam Road right-of-way;
• In order to reduce the potential for increased runoff from impervious surfaces, road drainage will be directed where possible to the rock fills under Cheam Road and the lots backing onto the Streamside Protection and Enhancement Areas;
• Erosion prevention and sediment containment measures should be established prior to site clearing and prior to construction, and remain in place in good repair until construction is completed and vegetative cover is restored on all disturbed and erodible areas;
• 5-10 trees to be cut down as part of the development should be used as snags, stumps or logs as part of landscaping in common greenspace areas of the development under the direction of a qualified biologist;
• An infiltration drainage system or a hybrid infiltration pipe/gutter system should be applied throughout the site where feasible under the direction of a qualified engineer;
• The proposed park boundaries must be fenced with protective fencing (approximately 1m onto the adjoining private property) mounted on solid wood or metal posts or in another permanent fashion where topography may result in inadvertent encroachments, prior to land clearing occurring within 30m of that boundary, and to the satisfaction of the Director of Development Services;
• The proposed park boundaries must be fenced with a minimum 1.5m high black chain link fence prior to subdivisions approval;
• The west boundary of the subject property must be fenced with a minimum 1.5m high black chain link fence prior to subdivision approval;
• Prior to issuance of a building permit on each lot, certification from a geotechnical engineer shall be provided to ensure that the lot is safe for the use intended;
• A security of $50,000 being deposited prior to commencing site preparation to ensure that the development permit conditions are met and to facilitate the completion of basic site remediation – site seeding, stormwater management, making the site safe – should the project be abandoned entirely;
• Invasive species within the Park shall be removed as part of the FireSmart Vegetation Management activities; and
• A security of $5,000 being deposited prior to commencing site preparation to ensure that the Town’s highways are cleaned and any damages repaired;

AND THAT Council approve a variance to the definition of “Grade”, in Land Use Bylaw, 1990, No. 35, for the purposes of the calculation of building heights, to reflect the proposed finished grades of Proposed Lots 11 to 19 shown on the plan attached to September 29, 2011 staff report;

AND FURTHER THAT an amended Lot Grading & Erosion Control Plan be submitted with the proposed amended grades as submitted with this application, and that final grade contours with an interval sufficient for building height calculation be included on that plan to the satisfaction of the Development Services and Engineering Departments as a condition of issuance of the Development Permit.

2. Comments from the Applicant
3. Comments from the Public
4. Correspondence

8.2 COMMITTEE REPORTS

8.2 OTHER REPORTS

9. CORRESPONDENCE 9.1 FOR ACTION 9.2 FOR INFORMATION
10. Email dated September 10, 2011 from L. Lustig, 38-108 Aldersmith Place, Re: Canada-European Union Comprehensive Economic and Trade Agreement ......................................................................................... Pg. 159

10. BYLAWS

1. Tax Exemption Bylaw (Non-Profit Organizations) No. 813, 2011 ..................... Pg. 160-161 A Bylaw to Provide Tax Exemption for Non-Profit Organizations (adoption)
2. Tax Exemption Bylaw (Recreation Purposes) No. 815, 2011 .................................. Pg. 162 A Bylaw to Provide Tax Exemption for Recreation Purposes (adoption)
3. Official Community Plan Bylaw No. 811, 2011 .................................................. Pg. 163-388 A Bylaw to Adopt an Official Community Plan (third reading and adoption)
4. Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 800, 2011 .................. Pg. 389-396 A Bylaw to Amend the Land Use Bylaw with Respect to the Zoning of Hart Road Park, Stancil Park, Viewcrest Park, Parkcrest Park Wilfert Road Park and Heddle Trail Park Properties (third reading and adoption)
5. Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 810, 2011 .................. Pg. 397-399 A Bylaw to Amend the Land Use Bylaw with Respect to the Zoning of the Property Between Heddle Avenue and Prince Robert Drive (third reading and adoption)
6. Bylaw No. 814, 2011 – A Bylaw to Provide Tax Exemption for Community Halls a) Report dated September 23, 2011 from the Director of Finance ................ Pg. 400-413

Staff Recommendation: THAT Council provides the first, second and third reading of Bylaw No. 814, 2011.

b) Tax Exemption Bylaw (Community Halls) No. 814, 2011 .................................. Pg. 414 A Bylaw to Provide Tax Exemption for Community Halls (first, second and third reading)

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

14. CLOSED MEETING RESOLUTION THAT there is a 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 Section 90 (1) (c), (e) and (m) and Section 90 (2)(b) of the Community Charter.

15. RISING REPORT

16. TERMINATION

Next Regular Council Meeting: Tuesday, October 18, 2011 at 7:00 p.m.