MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, April 14, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Confidential Secretary, K. Green

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Director of Engineering Services, D. Marshall

Mayor Causton called the meeting to order at 7:30 p.m.

MINUTES OF MEETINGS:

Council – March 25, 2008

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the minutes of the Council meeting held on Tuesday, March 25, 2008, be adopted.

CARRIED

Committee of the Whole – April 7, 2008

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, April 7, 2008, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

It was the consensus of Council that the order of the agenda be varied to bring forward correspondence item no. 2008-111 for discussion at this time.

2008-111

OAK BAY BIKES (FOR VICTORIA WHEELERS CYCLING CLUB), April 10, 2008

Re Request for Road Closures for Cycling Race Around Windsor Park – May 18, 2008

Karl Ullrich, Oak Bay Bikes, said that the proposed event will impact the neighbourhood for a three hour period. The proposed traffic plan has been approved by the Oak Bay Police Department, however, said Mr. Ullrich, after two years of holding this event the organizers intend to lessen the impact on the residents by scaling down the traffic plan somewhat, and will seek approval from the Oak Bay Police Department in this regard.

In response to a question from a Council member, Mr. Ullrich confirmed that the organizers will be notifying the neighbouring residents of the upcoming event.

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That approval for the road closures in connection with the cycling event proposed by Oak Bay Bikes, on behalf of the Victoria Wheelers Cycling Club, as detailed in correspondence item no. 2008-111, be approved subject to the event organizers:

indemnifying the Municipality from any liability arising from the event and providing evidence of insurance in this regard;
paying for any extraordinary costs incurred by the Municipality in relation to the event; and
obtaining approval from the Oak Bay Police Department for a traffic management plan for the event.

CARRIED

2008-108

CARLTON HOUSE PROPERTIES LTD., April 1, 2008

Re Request to Widen North Sidewalk – Oak Bay Avenue (Between Mitchell Street and Wilmot Place)

Rod Prewett, President, Carlton House Properties Ltd., was in attendance to request that Council consider improving accessibility on both sides of Oak Bay Avenue between Mitchell Street and Wilmot Place by widening the sidewalk, and perhaps creating parking bays and pedestrian refuges, including benches and green spaces. It would, said Mr. Prewett, be a promenade linking this block to the Village area.

It was agreed that creating a more walkable Village area, which would include widening sidewalks as suggested, is worthy of further consideration.

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That correspondence item no. 2008-108 be referred to the Engineering Department for a report and cost estimate on potential sidewalk improvements along Oak Bay Avenue to be brought forward to Committee of the Whole for further consideration.

It was suggested by some members of Council that the report not be restricted to just the block adjacent to the Carlton House (on Oak Bay Avenue between Mitchell Street and Wilmot Place), taking a broader approach.

The question was then called.

CARRIED

2008-109

OAK BAY TOURISM COMMITTEE, April 10, 2008

Re 2007 Year End Report and 2008 Budget and Strategic Plan

Ken Agate, Oak Bay Tourism Committee Member, was in attendance and introduced and welcomed Derek Vair, new owner of the Oak Bay Guest House, and one of the newest members of the Oak Bay Tourism Committee.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the Oak Bay Tourism Committee’s 2008 budget and business plan be approved.

CARRIED

2008-110

DIRECTOR OF PARKS AND RECREATION, March 26, 2008

Re Recreation Integration Victoria – Renewal of Partnership

The Municipal Administrator noted that the integrated recreation services was formerly under the Greater Victoria Intermunicipal Committee umbrella, and said that the Recreation Integration Victoria Memorandum of Understanding has, for many years, formalized a partnership between various local governments and the Victoria Integration Society for the provision of integrated recreation services.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Mayor and Municipal Clerk be authorized to execute the Recreation Integration Victoria Memorandum of Understanding as substantially set out and attached to the memorandum from the Director of Parks and Recreation dated March 26, 2008 (correspondence item no. 2008-110).

CARRIED

2008-112

OAK BAY CLIMATE CHANGE TASK FORCE, March 2008

Re Final Report – Recommendations to Reduce Greenhouse Gas Emissions in Oak Bay

Mayor Causton provided some background on the process leading up to the Oak Bay Climate Change Task Force’s final report and recommendations to reduce greenhouse gas emissions in Oak Bay, saying the task force, which included members of the public and of Council, was divided into three sub-committees to focus on transportation, lifestyle, and building and land use. Each sub-committee put forward their recommendations and a draft report was prepared on which public input was sought at a public forum held January 30, 2008. From that, he said, a final report was prepared for submission to Council.

Although the report has just recently been finalized, Mayor Causton noted that staff has been incorporating many of the recommendations in the day to day operations of the Municipality when and where possible.

After confirming that many of those in attendance at the meeting were interested in the Climate Change Task Force’s recommendation to explore secondary suites in Oak Bay, as reported in the Times Colonist, Mayor Causton noted that a Secondary Suites Review Committee has been formed to undertake a comprehensive review process that will explore potential benefits and challenges of secondary suites in the community, and that should the process lead to changes to the Zoning Bylaw and the Official Community Plan, a mandatory public consultation process would follow.

There was discussion on some of the recommendations contained in the report, and it was noted that one recommendation was to create a new position for a Sustainability Officer to carry out the recommendations of the report.

Attention was drawn to a recently adopted Capital Regional District bylaw that establishes a climate action service for the Capital Regional District to undertake regional monitoring and reporting on air quality and green house gas emissions, and to work with the regional members on climate action, adaptation, and providing public education and information.

While one member of Council expressed the view that it is time for Oak Bay to take action by creating its own position to carry out the recommendations, some other members felt that such a decision should wait until it is known what role the new Capital Regional District staff person will play in assisting individual municipalities with their goals.

After further discussion and varying views being expressed on different aspects of the recommendations of the report it was agreed that additional public input would be desirable to assist Council with making decisions on implementation of the Task Force report recommendations.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That correspondence item no. 2008-112 be received and referred to Committee of the Whole for further discussion and public input.

CARRIED

2008-113

RICHARD AND DIANE PAYNE, April 3, 2008

Re Development Variance Permit – 2406 Hamiota Street

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That correspondence item no. 2008-113 be received.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Willows Elementary School Parent Advisory Council – Get into S.T.E.P.

Councillor Jensen noted that last week he and Mayor Causton participated in the Willows School Parent Advisory Council’s (PAC) Get Into S.T.E.P. (Safe Travel Environment Protection) program that encourages people to walk or bike to school. Councillor Jensen expressed his appreciation to Willows School PAC for its dedication and hard work in this regard.

Councillor Jensen voiced his concerns over the extended idling of Police Department vehicles that he observed during the event, which was meant to encourage alternative transportation to help control climate change, requesting Mayor Causton to raise the issue at the Police Board level. Mayor Causton agreed to bring this issue up with the Board.

Oak Bay Child and Youth Committee

Councillor Braithwaite advised that Council members are invited to the “Yes” Awards taking place on May 6^th during Youth Week at the Oak Bay Recreation Centre. The event will recognize exceptional young stars who attend schools in Oak Bay.

TABLED:

Development Variance Permit – 2368 Epworth Street

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2368 Epworth Street (Lot 36, Block 2, Section 23, Victoria District, Plan 915) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	267 sq m	27 sq m

6.5.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	7.53 m	0.09 m

6.5.4. (11) Minimum Interior Lot Line Setback -Second Storey	3.0 m	2.07 m	0.93 m

to accommodate a main and lower floor addition at the rear of the dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-81, being a memorandum from the Director of Building and Planning dated March 12, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 2406 Hamiota Street

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2406 Hamiota Street (Lot 7, Block 1, Section 61, Victoria District, Plan 876) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

6.5.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	2.9 m	4.72 m

6.5.4. (7) Minimum Clear Space Between Buildings and Structures	3.0 m	1.2 m	1.8 m

to accommodate a constructed pergola in the front yard of the property, as shown on the plans attached to Committee of the Whole agenda item #2008-82, being a memorandum from the Director of Building and Planning dated March 12, 2008.

CARRIED

Rob Logan, 2406 Hamiota Street, was in attendance to request a partial rebate of the $500 development variance permit application fee he paid with respect to the pergola he built at a cost of $1,500. Mr. Logan feels that the amount is too much for a smaller project such as his and would like to see the fee reduced according to the building project cost.

The Director of Building and Planning noted that neither Council nor staff has the ability to reduce the fee, which is set by bylaw, and can only be amended by bylaw.

The question on the main motion was then called.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That staff be directed to bring forward a report regarding Oak Bay’s development variance permit application fees compared to other local governments, and the options available for implementing a sliding scale for the application fee based on the scope of the project.

A Council member noted that he was against the idea of the development variance permit application fee being increased from $250 to $500 several years ago, and that he felt the higher fee only discourages residents from applying for a permit for smaller building projects, advocating for a straight reduction in the fee.

The question was then called.

CARRIED

RESOLUTIONS:

Development Variance Permit – 1605 Wilmot Place

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 1605 Wilmot Place (Lot 21, Section 69, Victoria District, Plan 859) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area	360 sq m	376 sq m	16 sq m

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	376 sq m	136 sq m

to accommodate an addition to the existing kitchen space at the rear of the dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-99, being a memorandum from the Director of Building and Planning dated March 26, 2008, subject to the existing deck at the front of the building being reduced in size to ensure overall compliance with the lot coverage maximum of 25%.

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the motion in respect of the development variance permit for 1605 Wilmot Place be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 2367 Pacific Avenue

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2367 Pacific Avenue (Lot 2, Sections 2 & 61, Victoria District, Plan 4650) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area	360 sq m	390 sq m	30 sq m

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	390 sq m	150 sq m

6.5.4. (3) (b) Maximum Occupiable Height	4.57 m	4.73 m	0.16 m

to accommodate a two storey addition to the rear of the dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-101, being a memorandum from the Director of Building and Planning dated April 2, 2008.

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the motion in respect of the development variance permit for 2367 Pacific Avenue be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

BYLAWS:

For First, Second and Third Reading

Bylaw No. 4404

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4404, Heritage Committee Structure Bylaw Amendment Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4404, Heritage Committee Structure Bylaw Amendment Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4404, Heritage Committee Structure Bylaw Amendment Bylaw, 2008, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss personal information about identifiable individuals who are being considered for a position appointed by the Municipality.

CARRIED

The meeting adjourned at 8:43 p.m.

Certified Correct:

_______________________________

Municipal Clerk

________________________________

Mayor