TOWN OF VIEW ROYAL COUNCIL MEETING AGENDA - TUESDAY, SEPTEMBER 20, 2011

COUNCIL MEETING

TUESDAY, SEPTEMBER 20, 2011

immediately following the Public Hearing VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

AGENDA

1. CALL TO ORDER (Mayor Hill)

2. APPROVAL OF AGENDA (motion to approve)

3. MINUTES, RECEIPT & ADOPTION OF a) Minutes of the Council meeting held September 6, 2011 ................................................... Pg. 1-8 (adoption)

4. MAYOR’S REPORT

5. PETITIONS & DELEGATIONS a) B. & C. Polden, 2104 Chilco Road, Re: Chilco Road Parking ..................................... Pg. 9-14 b) F. Blundell, 231 Heddle Avenue, Re: Road Closure and Removal of Highway Dedication – Heddle Avenue, Bylaw No. 775, 2010 ........................................................ Pg. 15 c) S. Baird, 542 Prince Robert Drive, Re: BC Hydro Right-of-Way – Heddle Avenue Pg. 16-25 d) S. Baird, 542 Prince Robert Drive, Re: Boundary Options for Heddle Avenue ........... Pg. 26

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS 8.1 STAFF REPORTS a) Development Permit with Variance – Amendment to Development Permit 2009/07 for 21 Conard Street (Camden Green)

   1. Report dated September 14, 2011 from the Acting Planning Technician ... Pg. 27-47

Staff Recommendation: THAT Council consider approval of Development Permit 2011/11 which will amend Development Permit 2009/07 to allow the revision of the Landscape Concept as per the plans attached to the report from the Planning Technician at the September 20, 2011 Council meeting;

AND THAT the portion of the application to vary the front yard fence height as specified in Land Use Bylaw, 1990, No. 35 from 1.0m to 2.2m be refused in favour of the original front yard fence height variance as stated within Development Permit 2009/07;

• The maximum height of the front yard fence, specified in Section 34(1)(b), Division 1 of Part 6 of Land Use Bylaw, 1990, No. 35, is varied from 1.0m to 1.2m as measured to the top of the retaining wall.

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

b) Amendment to Policy No. 200.33 – Sewer User Fee Adjustments due to Water Leaks 1. Report dated September 13, 2011 from the Director of Finance ................ Pg. 48-52

Staff Recommendation: THAT Council approve Policy No. 200.33 as amended; AND THAT Policy No. 200.33, as amended, be applied to the 2010 sewer user fees.

c) Permissive Tax Exemptions 1. Report dated September 12, 2011 from the Director of Finance ................ Pg. 53-64

Staff Recommendation: THAT Council receive the report from the Director of Finance dated September 12, 2011 titled “Permissive Tax Exemptions”.

8.2 COMMITTEE REPORTS a) From the Committee of the Whole meeting held September 13, 2011

Recommendations: * Rezoning Application – 1900 Watkiss Way 1. THAT the Committee recommend to Council that staff be directed to prepare a Land Use Bylaw amendment bylaw for Council consideration for 1900 Watkiss Way; AND THAT the application be referred to the Planning and Development; Transportation; and Parks, Recreation and Environment Advisory Committees; AND FURTHER THAT staff explore opportunities for a community trail.(COW-54-11)

• Temporary Use Permit – 1497 Admirals Road “Return-it” Depot at Admirals Walk Shopping Centre

  1. THAT the Committee recommend to Council that Temporary Commercial Use Permit 2011/01 be declined; AND THAT noticing as per the requirements of the Local Government Act not occur. (COW-55-11)

• Rezoning/OCP Amendment 256/258 Plowright Road

  1. THAT the Committee recommend to Council that the Rezoning/OCP Amendment application for 256/258 Plowright Road be tabled until such this application can be considered in conjunction with the application for 229, 231, 235 and 241 Island Highway.(COW-56-11)

• Environmental Development Permit – 325 Bessborough Close

  1. THAT the Committee recommend that Council consider approval of Development Permit 2011/10 at a future Council meeting as per the plans attached to the report from the Acting Planning Technician at the September 13, 2011 Committee of the Whole meeting and subject to noticing as per the requirements of Bylaw 730; 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 metres to legalize the uplands portion of an existing pier, and to legalize an existing stairway used to access the concrete pier and a proposed foreshore gangway and floating wharf.(COW-57-11)
  2. THAT the Committee recommend to Council that staff write to the Department of National Defence requesting that approval of the dock application at 325 Bessborough Close be held until dock guidelines have been developed. (COW-58-11)

• Development Variance Permit – 44 Bamford Court

  1. THAT the Committee recommend 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 at a future Council meeting as per the plans attached to the report from the Acting Planning Technician at the September 13, 2011 Committee of the Whole meeting and subject to noticing as per the requirements of Bylaw 730; AND THAT Development Variance Permit 2011/06 include the following conditions:
     • That any dwelling on the lot be sprinklered to the satisfaction of the Fire Chief;
     • That Development Variance Permit 2011/03 be rescinded.(COW-59-11)

• Environmental Development Permit – 2400 Burnside Road West – Victoria Bowmen Archery Club

  1. THAT the Committee recommend that Council consider approval of Development Permit 2011/06 for 2400 Burnside Road West at a future Council meeting subject to:
     • Noticing of property owners and occupants of properties within 100m of the subject property as required by the Local Government Act and Development Procedures Bylaw No. 730, 2009; AND THAT Development Permit 2010/03 include:
     • A variance to permit the use of two metal shipping containers as accessory structures.(COW-60-11)

• Chilco Trails Plan Steering Committee

  1. THAT the Committee recommend to Council: THAT the Chilco Trails Committee be comprised of up to five members of the Parks, Recreation and Environment Committee, three staff members and one Council liaison; AND THAT Council appoint up to five members of the Parks, Recreation and Environment Advisory Committee to the Chilco Trails Project Steering Committee; AND FURTHER THAT Councillor Rogers be appointed as the Council Liaison to the Steering Committee. (COW-61-11)

8.3 OTHER REPORTS

9. CORRESPONDENCE 9.1 FOR ACTION
   1. Letter dated September 9, 2011 from B. Schulte, Area Commissioner, Scouts Canada , Greater Victoria Area, Re: 2011 Scout Apple Day .................................... Pg. 65

9.2 FOR INFORMATION 1. Letter dated September 7, 2011 from Canadian Wood Council, Re: Earning Recognition for the Community at the 2011 UBCM Conference ......................... Pg. 66-76

10. BYLAWS
    1. Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 812, 2011 .............................................................................................................. Pg. 77-79 A Bylaw to Amend Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000 (adoption)

2. Road Closure and Removal of Highway Dedication – Heddle Avenue, Bylaw No. 775, 2010 .............................................................................................................. Pg. 80-81 A Bylaw to Close to Traffic and Remove the Dedication for Road on Heddle Avenue (adoption)

3. Tax Exemption Bylaw (Non-Profit Organizations) No. 813, 2011 ............................. Pg. 82-83 A Bylaw to Provide Tax Exemption for Non-Profit Organizations (first, second and third reading)

4. Tax Exemption Bylaw (Community Halls) No. 814, 2011 ............................................... Pg. 84 A Bylaw to Provide Tax Exemption for Community Halls (first, second and third reading)

5. Tax Exemption Bylaw (Recreation Purposes) No. 815, 2011 ................................... Pg. 85-86 A Bylaw to Provide Tax Exemption for Recreation Purposes (first, second and third reading)

6. Introduction of New Zone – Local Institutional (P-9) a) Report dated September 14, 2011 from the Acting Planning Technician ............ Pg. 87-91

Staff Recommendation: THAT Council give first and second reading to Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 816, 2011 to create a new Local Institutional (P-9) Zone.

b) Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 816, 2011 ................. Pg. 92-93 A Bylaw to Amend the Town of View Royal Land Use Bylaw with Respect to Creating a Local Institutional (P-9) Zone (first and second reading)

11. NEW BUSINESS

12. RISING REPORT

13. QUESTION PERIOD

14. MOTIONS & NOTICES OF MOTION

15. CLOSED MEETING RESOLUTION

16. TERMINATION

Next Regular Council Meeting: Tuesday, October 4, 2011 at 7:00 p.m.