MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JULY 5, 2016
Official minutes from the previous Council meeting, detailing decisions on development variance permits, sewer fees, and project agreements.
TOWN OF VIEW ROYAL
MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JULY 5, 2016 VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS
PRESENT WERE: Mayor Screech Councillor Mattson Councillor Rast Councillor Rogers Councillor Weisgerber
REGRETS:
PRESENT ALSO: K. Anema, Chief Administrative Officer J. Rosenberg, Director of Engineering M. Dillabaugh, Director of Finance J. Davison, Planner E. Bolster, Deputy Municipal Clerk
12 members of the public 0 member 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 Weisgerber SECONDED: Councillor Rast
THAT the agenda be amended to include items 8.1 (b)(4), 8.1(c)(e), 8.1(e)(b-g), 8.1(h)(2) and 9.1(c) ;
AND THAT the agenda be approved as amended. CARRIED
3. MINUTES, RECEIPT & ADOPTION OF
a) Minutes of the Council meeting held June 21, 2016
MOVED BY: Councillor Mattson SECONDED: Councillor Rast
THAT the minutes of the Council meeting held June 21, 2016 be adopted as presented. CARRIED
4. MAYOR'S REPORT
5. PETITIONS & DELEGATIONS
a) B. & J. Pratt, 236 Burnett Road, Re: First Phase of Burnett Road Upgrade
Mrs. Pratt spoke to Council regarding the proposed plans for the Burnett Road upgrade. She stated that while she and her husband had previously requested a sidewalk, they feel the plans are more elaborate than required. She stated that 230 and 236 Burnett Road will no longer be able to accommodate parking for their vehicles or trailer due to changes along the road frontage. She is requesting that Council review the plans and take the need for parking by residents into consideration.
6. PUBLIC PARTICIPATION PERIOD
7. BUSINESS ARISING FROM PREVIOUS MINUTES
8. REPORTS
8.1 STAFF REPORTS
a) Development Variance Permit No. 2016/08 – Thetis Vale Phase 7 – 2427 Chilco Road
Report dated June 28, 2016 from the Senior Planner The Planner reviewed the application for Council. Council and the Planner discussed allowable vehicle length and need for safety fencing on the retaining walls.
Comments from the Applicant M. Johnson noted that the length of the driveway to the curb line will be the standard of 5.5m. He stated that the design of the parking spaces for this phase was based on the allowable parking space length in Phase 5. Council, staff and M. Baier discussed the proposed covenant, vehicles encroaching into the roadway, and the possibility of Bylaw Enforcement ticketing vehicles that are overhanging the sidewalk. The Chief Administrative Officer noted that an error was made in terms of parking space length in Phase 5 and the Town does not wish to repeat this in future phases. He noted that a covenant will make future buyers aware of the reduced parking space length.
Comments from the Public
Correspondence
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
C-59-16 THAT Development Variance Permit No. 2016/08 be approved to reduce parking space lengths from 5.5m to 4.5m;
AND THAT Development Variance Permit No. 2016/08 include the condition that no building permit be issued on a lot with an approved 4.5m driveway parking space until a covenant has been registered to require:
- that vehicles parked in those spaces be no longer than 4.5m;
AND THAT Development Variance Permit No. 2016/08 – 2427 Chilco Road (Thetis Vale Phase 7) be approved to vary the maximum height of retaining walls from 1.2m to 6.2m. CARRIED
b) Development Variance Permit No. 2016/01 – Thetis Vale Phase 6 – Parking Space Length Variance
Report dated June 27, 2016 from the Planner The Director of Engineering made Council aware that should vehicles be overhanging driveways, there could be complications in terms of snow clearing/plowing and therefore Council may receive complaints from residents.
Comments from the Applicant
Comments from the Public
Correspondence a) Email dated July 5, 2016 from E. Duggan, 2428 Lund Road, Re: Development Variance Permit No. 2016/01 – Thetis Vale Phase 6 – Parking Space Length Variance
MOVED BY: Councillor SECONDED: Councillor
THAT the email dated July 5, 2016 from E. Duggan, 2428 Lund Road, Re: Development Variance Permit No. 2016/01 – Thetis Vale Phase 6 – Parking Space Length Variance be received. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber
C-60-16 THAT Development Variance Permit No. 2016/01 be approved to reduce parking space lengths from 5.5m to 4.5m;
AND THAT Development Variance Permit No. 2016/01 include the condition that no building permit be issued on a lot with an approved 4.5m driveway parking space until a covenant has been registered to require:
- that vehicles parked in those spaces be no longer than 4.5m. CARRIED
c) Development Variance Permit No. 2016/07 – 14 Jedburgh Road
Report dated June 28, 2016 from the Planner The Planner gave an overview of the report to Council.
Comments from the Applicant W. Hopkins, owner, noted that the seven legal titles have now been subdivided into nine legal titles; steps are being taken to minimize impacts to neighbouring property owners through the use of screening; and stormwater run-off issues are being worked through with Town staff. Council and the owner discussed screening required for neighbouring properties; required Engineering upgrades; and provisions for off-site parking.
Comments from the Public a) J. Franke, 306 Island Highway, asked which properties on Island Highway are adjacent to this development. b) J. Kolic, 20 Jedburgh Road, questioned whether there is future potential for sidewalks on Jedburgh Road within the 4.0m dedication. The Director of Engineering noted that currently there is no plan in place for the installation of sidewalks on Jedburgh Road; however, should sidewalks be considered in the future, road dedication would be required from the privately owned land known as Parcel A, Lot 17, Block 1, Section 8, Esquimalt District, Plan VIP4178 (DD335470I). Council discussed whether there is a potential to require funds to hold in reserve for future sidewalks. c) J. Franke, 306 Island Highway, questioned whether it is standard practice to allow for sidewalks in a development and suggested to include this provision prior to approval of the development. d) J. Kolic, 20 Jedburgh Road, wished to clarify that he was simply inquiring as to Council’s future plans for sidewalks on Jedburgh Road.
Correspondence a) Email dated June 29, 2016 from D. & R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road b) Email dated June 28, 2016 from D. Fownes, 29 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road c) Email dated June 28, 2016 from E. & C. McCarthy, 24 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road d) Email dated May 16, 2016 from R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road e) Email dated June 30, 2016 from R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated June 29, 2016 from D. & R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road be received. CARRIED
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated June 28, 2016 from D. Fownes, 29 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road be received. CARRIED
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated June 28, 2016 from E. & C. McCarthy, 24 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road be received. CARRIED
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated May 16, 2016 from R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road be received. CARRIED
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated June 30, 2016 from R. Campbell, 13 Jedburgh Road, Re: Development Variance Permit No. 2016/07 – 14 Jedburgh Road be received. CARRIED
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
C-61-16 THAT a variance to the distance of the common access roadway to the existing side lot line from 9m to 0m as per the report from the Planner dated June 28, 2016 be approved. CARRIED
d) Form and Character Development Permit No. 2016/04 – 1499 Admirals Road – Admirals Walk
Report dated June 28, 2016 from the Planner Council and staff discussed second storey signage.
Comments from the Applicant
Comments from the Public
Correspondence a) Email dated June 29, 2016 from G. Rodgers, 27-126 Hallowell Road, Re: Form and Character Development Permit No. 2016/04 – 1499 Admirals Road – Admirals Walk
MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber
THAT the email dated June 29, 2016 from G. Rodgers, 27-126 Hallowell Road, Re: Form and Character Development Permit No. 2016/04 – 1499 Admirals Road – Admirals Walk be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
C-62-16 THAT Development Permit No. 2016/04 be approved as per the plans attached to the report from the Planner dated June 28, 2016;
AND THAT a variance to the sign elevation relative to the second storey floor from 0.76m to 4m;
AND FURTHER THAT a variance to permit a sign above the second storey window sill be approved. CARRIED Councillor Mattson and Rogers voted in the negative
e) Form and Character Development Permit with Variances No. 2016/02 – 301 Nursery Hill Drive – “Lillian Gate”
Report dated June 29, 2016 from the Planner The Planner noted that there has been an updated site plan that addresses parking concerns raised at the June 14, 2016 Committee of the Whole meeting.
Comments from the Applicant M. Newell, Architect, Joe Newell Architect Inc., noted that objects on the rooftop will not be visible as buildings will have sloped roofs and discussed setbacks to neighbouring properties. Council, staff and the architect discussed designation of visitor parking through a covenant; access to the park; and variance to the required setback to the development. Council and staff discussed the responsibility of maintenance of private strata roads being between strata councils as they are not the Town’s responsibility to maintain.
Comments from the Public a) A. Carl, 409-201 Nursery Hill Drive, questioned the height of the proposed building. The Planner noted that this is a six storey building that meets zoning requirements. b) C. Nel, Strata President, 404 Nursery Hill Drive, spoke to Council in regard to parking issues on Nursery Hill Drive; traffic volumes; excessive speed and damage to road surface due to construction vehicles during the development of 301 Nursery Hill Drive. He stated that he is concerned about who is financially responsible for any damage to the private strata road during the construction period and for the required finish lift on the private strata road post-construction. The Chief Administrative Officer noted that expenses are a private issue and concerns need to be communicated directly to the developer.
Correspondence a) Email dated June 27, 2016 from H. Sharma, 409 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive b) Email dated July 5, 2016 from H. Sharma, 409 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive c) Email dated July 5, 2016 from D. Myles, 201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive d) Email dated July 4, 2016 from A. White, 304-201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive e) Email dated July 4, 2016 from S.G. Samson, 201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive f) Email dated July 4, 2016 from C. vanBeek, 408 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive g) Email dated July 2, 2016 from S. Lipinski, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated June 27, 2016 from H. Sharma, 409 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 5, 2016 from H. Sharma, 409 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 5, 2016 from D. Myles, 201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 4, 2016 from A. White, 304-201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 4, 2016 from S.G. Samson, 201 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 4, 2016 from C. vanBeek, 408 Nursery Hill Drive, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 2, 2016 from S. Lipinski, Re: Development Permit No. 2016/02 – 301 Nursery Hill Drive be received. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-63-16 THAT Development Permit No. 2016/02 be approved as per the plans attached to the report from the Planner dated June 29, 2016;
AND THAT Development Permit No. 2016/02 include the following variances:
- A variance to the rear yard setback from 7m to 2.5m (as per the regulation within Section 12.10.2.b);
- A variance to the minimum floor area for a dwelling unit from 75m² to 60m² (as per the regulation within Section 12.9.3.e); and
- A variance to the maximum height of a retaining wall from 1.2m to 3.1m (as per the regulation within Section 4.8.9)
AND FURTHER THAT a covenant be put in place that mandates twelve designated visitor parking spaces. CARRIED
f) Sewer User Fee Adjustment – 561 View Royal Avenue
- Report dated June 21, 2016 from the Director of Finance
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
C-64-15 THAT the application for a Sewer User Fee Adjustment for Water Leaks at 561 View Royal Avenue be denied. CARRIED Councillor Rast voted in the negative
g) Welland Legacy Park – Lifecycles Project Society Agreement
- Report dated June 22, 2016 from the Director of Engineering
MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber
C-65-16 THAT the agreement between the Town of View Royal and Lifecycles Project Society to continue to maintain the orchard at Welland Legacy Park for public use and education from January 1, 2016 to December 31, 2020 be approved;
AND THAT the Town’s authorized signatories be permitted to execute the agreement. CARRIED Councillor Mattson voted in the negative
h) BC Housing – 94 Talcott Road – Extension of Use as a Shelter
- Report dated June 29, 2016 from the Chief Administrative Officer
- Email dated July 5, 2016 from M. Barry, 210 Wilson Street, Re: Choices Transitional Home – 94 Talcott Road
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
C-66-16 THAT an extension of the Choices Transitional Home located at 94 Talcott Road be granted to March 31, 2017;
AND THAT a letter be sent to BC Housing advising that a rezoning application must be received prior to any further consideration of an extension;
AND THAT security be provided on-site from 7:00 a.m.-11:00 p.m. daily;
AND FURTHER THAT assurance be provided that the level of funding currently provided through grant in lieu of taxes be maintained. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT the email dated July 5, 2016 from M. Barry, 210 Wilson Street, Re: Choices Transitional Home be received. CARRIED
8.2 COMMITTEE OF THE WHOLE RESOLUTIONS
8.3 OTHER REPORTS
a) Minutes from the Capital Regional District Board meeting held April 20, 2016
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Capital Regional District Board meeting held April 20, 2016 be received. CARRIED
b) Minutes of the Capital Regional Hospital District Board meeting held April 20, 2016
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Capital Regional Hospital District Board meeting held April 20, 2016 be received. CARRIED
c) Minutes of the Capital Regional District Board meeting held April 13, 2016
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Capital Regional District Board meeting held April 13, 2016 be received. CARRIED
d) Minutes of the Capital Regional Hospital District Board meeting held April 13, 2016
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Capital Regional Hospital District Board meeting held April 13, 2016 be received. CARRIED
e) Minutes of the Greater Victoria Public Library Board meeting held March 22, 2016
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Greater Victoria Public Library Board meeting held March 22, 2016 be received. CARRIED
9. CORRESPONDENCE
9.1 FOR ACTION
a) Letter dated June 23, 2016 from R. Maxwell & J. Mar, Co-Chairs, Peninsula & Area Agricultural Commission, Re: Request for Support to Re-instating and Hire the Peninsula & Area Agricultural Commission’s South Island Regional Agrologist
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT a letter of support be sent to the Ministry of Agriculture and Premier requesting the reinstatement of a Regional Agrologist for Southern Vancouver Island. CARRIED
b) Email dated June 22, 2016 from S. Rognon, Canadian Federation of Independent Business, Re: Property Tax Gap in View Royal
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated June 22, 2016 from S. Rognon, Canadian Federation of Independent Business, Re: Property Tax Gap in View Royal be received. CARRIED
c) Letter dated June 30, 2016 from L. Barnes, Administrator, West Shore Parks & Recreation, Re: Enabling Accessibility Fund
MOVED BY: Councillor Rast SECONDED: Councillor Mattson
THAT a letter of consent to the proposed renovations at the West Shore Parks and Recreation be provided. CARRIED
9.2 FOR INFORMATION
a) Email dated June 24, 2016 from B. & J. Pratt, 236 Burnett Road, Re: Burnett Road Project
- Stantec Consulting’s Plan/Profile of Burnett Road Upgrade The Director of Engineering reviewed the two Burnett Road upgrade options presented to Council during the 2016 budget deliberation process. He noted that the agreed upon upgrades total $350,000 and reflect the Town’s philosophy to protect cyclists and pedestrians. The work sees the construction of a separated sidewalk; bike lanes; street lighting and parking; boulevard trees; retaining walls; pavement and road markings; as well as a connection to View Royal Park. Council and staff discussed the property owners’ concern regarding impact to their parking on the municipal road; trees; decorative lighting; parking encroachments by residents into the road right-of-way; and options in regard to the upgrade project.
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
C-67-16 THAT the Burnett Road Upgrade Project design be amended from the submitted design to remove the boulevard separation which protects the pedestrians and cyclists; electrical conduit and associated electrical works; and irrigation conduit;
AND THAT, funding permitted, three or four parking spaces be constructed on the west side of Burnett Road and designated as “Residential Parking Only”. CARRIED Councillor Mattson voted in the negative
10. BYLAWS
a) Bylaw No. 949, 2016 – Household Sewer Grinder Pump Transfer to Owner – 371 Island Highway and 7 Price Road
- Report dated June 23, 2016 from the Engineering Technologist
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the report dated June 23, 2016 from the Engineering Technologist titled “Bylaw No. 949, 2016 – Household Sewer Grinder Pump Transfer to Owner – 371 Island Highway and 7 Price Road” be received. CARRIED
- Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 949, 2016 A Bylaw to Amend Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000
MOVED BY: Councillor Rast SECONDED: Councillor Mattson
THAT Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 949, 2016 be given first, second and third reading. CARRIED
b) Introduction of Business License Bylaw No. 952, 2016 and Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 953, 2016
- Report dated June 29, 2016 from the Senior Planner
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the report dated June 29, 2016 from the Senior Planner titled “Introduction of Business License Bylaw No. 952, 2016 and Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 953, 2016” be received. CARRIED
- Business License and Regulation Bylaw No. 952, 2016 A Bylaw for Licensing and Regulation of Business
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT Business License and Regulation Bylaw No. 952, 2016 be given first, second and third reading. CARRIED
- Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 953, 2016 A Bylaw to Amend Municipal Ticket Information Bylaw No. 643, 2007
MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber
THAT Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 953, 2016 be given first, second and third reading. CARRIED
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT no additional notification be required for Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 953, 2016. CARRIED
11. NEW BUSINESS
12. QUESTION PERIOD
a) L. Pakos, 336 Glenairlie Drive, questioned whether animals are living at the Choices Transitional Home.
13. MOTIONS & NOTICES OF MOTION
14. RISING REPORT
15. CLOSED MEETING RESOLUTION
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
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) – personnel, (k) – municipal service and (g) – potential litigation. CARRIED
16. TERMINATION
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT this meeting now terminate. Time: 9:10 p.m. CARRIED
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