MONDAY, FEBRUARY 27, 2012 AT 7:30 PM

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1 DISTRICT OF SAANICH MINUTES OF THE COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS SAANICH MUNICIPAL HALL, 770 VERNON AVENUE MONDAY, FEBRUARY 27, 2012 AT 7:30 PM Present: Chair: Mayor Leonard Council: Councillors Brice, Brownoff, Derman, Gerrard, Murdock, Sanders, Wade and Wergeland Staff: Tim Wood, Administrator; Colin Doyle, Director of Engineering; Sharon Hvozdanski, Director of Planning; Donna Dupas, Legislative Manager; and Maura Jones, Senior Committee Clerk Minutes ADOPTION OF MINUTES MOVED by Councillor Brice and Seconded by Councillor Brownoff: That Council adopt the minutes of the February 7, 2012 Special Committee of the Whole meeting and the February 13, 2012 Council and Committee of the Whole meetings. BYLAWS Xref: 4000/4008/4016 SHELBOURNE STREET AND 4001/4009/4017 CEDAR HILL ROAD OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT Final Reading of the Official Community Plan Bylaw, 2008, Amendment Bylaw, 2011, No To amend the Gordon Head Local Area Plan to designate the property for Potential Multi-Family Use. MOVED by Councillor Derman and Seconded by Councillor Gerrard: That Bylaw No be adopted by Council and the Seal of the Corporation be attached thereto. Xref: Xref: ZONING BYLAW AMENDMENT NEW ZONE RA-8 (APARTMENT) Final Reading of the Zoning Bylaw, 2003, Amendment Bylaw, 2011, No To create a new zone RA-8 (apartment) with apartment, congregate housing, office and community care for children as permitted uses. MOVED by Councillor Derman and Seconded by Councillor Gerrard: That Bylaw No be adopted by Council and the Seal of the Corporation be attached thereto. 4000, 4008 AND 4016 SHELBOURNE STREET REZONING TO RA-8 Final Reading of the Zoning Bylaw, 2003, Amendment Bylaw, 2011, No and approval of Development Permit DPR Rezoning from RS-6 to RA-8 for proposed 56 unit apartment with underground parking. MOVED by Councillor Derman and Seconded by Councillor Sanders: That Bylaw No be adopted by Council and the Seal of the Corporation be attached thereto. Page 1 of 8

2 MOVED by Councillor Gerrard and Seconded by Councillor Wergeland: That Council approve and issue Development Permit DPR00430 on Lots 8, 9, 10, Section 55, Victoria District, Plan 6947 (4000, 4008, 4016 ). Xref: ZONING BYLAW AMENDMENT NEW ZONE RT-4A (ATTACHED HOUSING ACCESSORY UNIT) Final Reading of the Zoning Bylaw, 2003, Amendment Bylaw, 2011, No To create a new zone RT-4A (attached housing accessory unit) with attached housing, office and community care for children, and accessory dwelling unit as permitted uses. MOVED by Councillor Brice and Seconded by Councillor Sanders: That Bylaw No be adopted by Council and the Seal of the Corporation be attached thereto. Xref: 4001, 4009 AND 4017 CEDAR HILL ROAD REZONING TO RT-4A Final Reading of the Zoning Bylaw, 2003, Amendment Bylaw, 2011, No and approval of Development Permit DPR Rezoning from RS-10 to RT- 4A for proposed 22 townhouse units. MOVED by Councillor Gerrard and Seconded by Councillor Brice: That Bylaw No be adopted by Council and the Seal of the Corporation be attached thereto. MOVED by Councillor Gerrard and Seconded by Councillor Wergeland: That Council approve and issue Development Permit DPR00463 on Lots 1, 2 and 3, Section 55, Victoria District, Plan 6947 (4001, 4009, 4017 Cedar Hill Road) Sanitary Sewer SANITARY SEWER BYLAW AMENDMENT 4540 BLENKINSOP ROAD (A PORTION) Three Readings of the Sanitary Sewer Bylaw, 2006, Amendment Bylaw, 2012, No To include a portion of 4540 Blenkinsop Road in the Sewer Service Area. MOVED by Councillor Wergeland and Seconded by Councillor Brice: That Bylaw No be introduced and read. MOVED by Councillor Wergeland and Seconded by Councillor Brice: That Bylaw No be read a second time. MOVED by Councillor Wergeland and Seconded by Councillor Brice: That Bylaw No be now passed. Page 2 of 8

3 Land Use and Development Application Fee and Delegation Authorization LAND USE AND DEVELOPMENT APPLICATION FEE BYLAW AMENDMENT ENVIRONMENTAL DEVELOPMENT PERMIT AREA Three Readings of the Land Use and Development Application Fee Bylaw, 2006, Amendment Bylaw, 2012, No To include Environmental Development Permit Area applications, a definition of minor amendment, and housekeeping amendments. MOVED by Councillor Derman and Seconded by Councillor Sanders: That Bylaw No be introduced and read. MOVED by Councillor Derman and Seconded by Councillor Sanders: That Bylaw No be read a second time. MOVED by Councillor Derman and Seconded by Councillor Sanders: That Bylaw No be now passed Land Use and Development Application Fee and Delegation Authorization DELEGATION AUTHORIZATION BYLAW (DEVELOPMENT PERMITS/DEVELOPMENT VARIANCE PERMITS) ENVIRONMENTAL DEVELOPMENT PERMIT AREA Three Readings of the Delegation Authorization Bylaw (Development Permits/Development Variance Permits), 2012, No To include Environmental Development Permit Area applications and housekeeping amendments. MOVED by Councillor Sanders and Seconded by Councillor Murdock: That Bylaw No be introduced and read. MOVED by Councillor Sanders and Seconded by Councillor Murdock: That Bylaw No be read a second time. In response to questions from Council, the Director of Planning stated that amendments approved under Section 1 (a) are minor in nature and do not significantly impact the form and character requirements of the original Development Permit; staff members are very conservative in the use of this provision. Councillor Derman stated that consideration should be given to revising the wording of Section 1 (a) so that indicates this provision will only be used where the proposed amendments do not impact the form and character requirements of the original Development Permit. The Motion was then Put and MOVED by Councillor Sanders and Seconded by Councillor Murdock: That Bylaw No be now passed. Page 3 of 8

4 RESOLUTIONS FOR ADOPTION Council - Proceedings FINANCIAL PLAN MEETING IN PLACE OF REGULAR COUNCIL MEETINGS Memorandum from the Legislative Manager dated February 15, 2012 requesting Council cancel the regular March 5, 2012 Council and Committee of the Whole meetings so that a Special Committee of the Whole (Financial Plan) meeting may be held. MOVED by Councillor Derman and Seconded by Councillor Murdock: That Council cancel the regular March 5, 2012 Council and Committee of the Whole meetings so that a Special Committee of the Whole (Financial Plan) meeting may be held Council meeting minutes Adjournment CAPITAL REGIONAL DISTRICT (CRD) ACTIVITIES UPDATE Council members provided updates on a variety of Capital Regional District initiatives. On a motion from Councillor Brownoff, the meeting adjourned at 8:00 pm. The Meeting reconvened at 8:19 pm. Recommendations Layritz Avenue RECOMMENDATIONS From the Committee of the Whole Meeting held February 27, LAYRITZ AVENUE DEVELOPMENT VARIANCE PERMIT MICHAEL CLAXTON LAND SURVEYING INC. MOVED by Councillor Gerrard and Seconded by Councillor Brownoff: That Council approve and issue Development Variance Permit DVP00296 on Lot A, Section 98, Lake District, Plan 20322, Except That Part in Plans and (4336 Layritz Avenue) Charlton Road 1665 CHARLTON ROAD AND 4060 GRANVILLE AVENUE DEVELOPMENT PERMIT WEST ISLAND CONSULTING INC. (ROB HOWAT) MOVED by Councillor Brice and Seconded by Councillor Wade: That Council approve and issue Development Permit DPR00485 on Lot A, Section 4, Lake District, Plan VIP72411 (1665 Charlton Road) and Lot 3, Block E, Section 13, Lake District, Plan 361 (4060 Granville Avenue). In Camera Motion MOVED by Councillor Brice and Seconded by Councillor Derman: That the following meeting be closed to the public as the subject matter being considered relates to labour relations and other employee relations. Page 4 of 8

5 Adjournment On a motion from Councillor Murdock, the meeting adjourned at 8:20 pm.... MAYOR I hereby certify these Minutes are accurate.... MUNICIPAL CLERK Page 5 of 8

6 DISTRICT OF SAANICH MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD IN THE COUNCIL CHAMBERS SAANICH MUNICIPAL HALL, 770 VERNON AVENUE MONDAY, FEBRUARY 27, 2012 AT 8:01 PM Present: Chair: Councillor Sanders Council: Mayor Leonard and Councillors Brice, Brownoff, Derman, Gerrard, Murdock, Wade and Wergeland Staff: Tim Wood, Administrator; Colin Doyle, Director of Engineering; Sharon Hvozdanski, Director of Planning; Donna Dupas, Legislative Manager; and Maura Jones, Senior Committee Clerk Layritz Avenue 4336 LAYRITZ AVENUE DEVELOPMENT VARIANCE PERMIT MICHAEL CLAXTON LAND SURVEYING INC. Report of the Director of Planning dated January 23, 2012 recommending Council approve Development Variance Permit DVP00296 for a proposed three lot residential subdivision. In response to questions from Council, the Director of Planning stated that staff members are not permitted to reject an application based on it being a bare land strata. The applicant, Mr. J. Pellizzaro, 4336 Layritz Avenue stated: He was told by the surveyor that, in discussions with Saanich staff, a bare land strata was identified as the best approach for this application. He is available to answer any other questions regarding the application. Councillor Derman stated that he would be interested in having more information regarding the bare land strata, as this approach can result in issues for purchasers. In response to questions from Council, the Director of Planning stated: She can speak with the Approving Officer and provide clarification on the rationale for this application using a bare land strata. The bare land strata is likely meant to address issues regarding site access and servicing; it would also make it simpler to address engineering standards, grades and other design issues related to the subdivision. Councillor Wade stated: The bare land strata provides Council with a guarantee that the parking spaces will be maintained in perpetuity. The proposed variances are minor and allow the existing dwelling to be retained, which is a more sustainable approach. In response to questions from Council, the Director of Engineering stated: If it is necessary to move the telephone pole on site, it would be done at the applicant s expense. He is not sure exactly where the telephone pole is located within the right-of-way, but if it interferes with providing a proper driveway it would need to be moved. Page 6 of 8

7 Layritz Road is already constructed to the full width with a nonmountable curb. The standard width for a residential road is 8.5 metres, though these requirements can be relaxed under special circumstances. It is unlikely that 3 lots could be developed on the subject property with a residential road access instead of a driveway. Councillor Gerrard stated: The bare land strata will provide greater certainty for the future owners that will share the access to the site. The sizes of the proposed lots meet the zoning requirements. MOTION MOVED by Councillor Wade and Seconded by Councillor Gerrard: That it be recommended that Council approve and issue Development Variance Permit DVP00296 on Lot A, Section 98, Lake District, Plan 20322, Except That Part in Plans and (4336 Layritz Avenue). Councillor Wade stated: The applicant has done a good job of maintaining the substantial trees on the site. She supports referring the consulting arborist s recommendations to the Approving Officer. Councillor Brownoff stated: The staff report notes that future construction on proposed Strata Lot 2 would need to comply with the Zoning Bylaw regulations in effect at that time. Referring the proposed covenants, the consulting arborist s report and the construction of a fence to the Approving Officer is supportable. The Motion was then Put and Charlton Road 1665 CHARLTON ROAD AND 4060 GRANVILLE AVENUE DEVELOPMENT PERMIT WEST ISLAND CONSULTING INC. (ROB HOWAT) Report of the Director of Planning dated January 27, 2012 recommending Council approve Development Permit DPR00485 for a proposed boundary adjustment subdivision between two existing properties. In response to questions from Council, the Director of Planning stated that she does not believe that a Development Permit requires the applicant to install an advisory sign on the subject property. On behalf of the owners, Mr. R. Howat of West Island Consulting Inc. made a presentation to Council highlighting the following: - purpose of the application; - location of the parcels within the Agricultural Land Reserve and the associated regulations of the Agriculture Land Commission; - proposed boundary adjustment; - potential to locate a building on 1665 Charlton Road, outside the main section of arable land; and Page 7 of 8

8 - size of the parcels following subdivision will exceed the 2 hectare requirement. MOTION MOVED by Councillor Derman and Seconded by Councillor Wergeland: That it be recommended that Council approve and issue Development Permit DPR00485 on Lot A, Section 4, Lake District, Plan VIP72411 (1665 Charlton Road) and Lot 3, Block E, Section 13, Lake District, Plan 361 (4060 Granville Avenue). Councillor Gerrard stated: A new driveway access will be needed off Charlton Road. There have been challenges with the floodplain in the area around Hasting Street. The Motion was then Put and Adjournment On a motion from Mayor Leonard the meeting adjourned at 8:18 pm.... CHAIR I hereby certify these Minutes are accurate.... MUNICIPAL CLERK Page 8 of 8