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,
|
PRESENT: |
Councillor
H. Braithwaite Councillor
S. F. B. Carson 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 Executive
Secretary, D. Beesley Director
of Building and Planning, N. Beattie Municipal
Treasurer, P. A. Walker Municipal
Engineer, S. G. Pitt |
MINUTES
OF MEETING:
Council – JANUARY 23, 2006
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the
minutes of the Council meeting held on Monday, January 23, 2006, be adopted.
Drawing attention to the section in the minutes
regarding CRD staff presenting further information on the costs associated with
the Cross Connection Control Program,
The question was then called.
CARRIED
Committee of the Whole – February 6, 2006
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the
minutes of the Committee of the Whole meeting held on Monday, February 6, 2006,
and the recommendations contained therein, be adopted.
CARRIED
COMMUNICATIONS:
|
1. |
2006-53 |
CHIEF CONSTABLE, January 25, 2006 Re Request for Early Budget Approval for
Vehicle Computer Replacements |
MOVED by Councillor Herbert,
Seconded by Councillor Braithwaite,
That early spending approval be granted for the purchase of vehicle computer
replacements at a cost of $35,000, as detailed in the memorandum from the Chief
Constable dated January 25, 2006 (Item No. 2006-53).
CARRIED
|
2. |
2006-54 |
DEPUTY TREASURER, January 31, 2006 Re Tender Award Recommendation—Side Loading
Refuse Packer |
MOVED by Councillor
Herbert
Seconded by Councillor Copley,
That Tender No. PW09-2006 (for a side loading refuse packer) be awarded to
Rollins Machinery Ltd at a cost of $222,234.10
CARRIED
|
3. |
2006-55 |
GIRL GUIDES OF CANADA, February 7, 2006 Re Request to Sell
Girl Guide Cookies on Oak Bay Avenue |
MOVED by Councillor Cassidy
Seconded by Councillor Copley,
That permission be granted to the Girl Guides of Canada (Southern Vancouver
Island Area) to conduct cookie sales on
CARRIED
|
4. |
2006-56 2006-56-1 |
LINDA HOLMES, [undated] TERRI PICARD, February 3, 2006 Re Request to Reduce
Restrictions for Dogs on Willows Beach |
Councillor Carson noted that a similar request,
for McNeill Bay Beach, had been considered at a meeting of the Oak Bay Parks
and Recreation Commission where it was decided to not change the current
regulations at that beach. He said that
an appropriate way to investigate this request would be to refer it to the
Commission.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That Item Nos.
2006-56 and 2006-56-1 be referred to the Oak Bay Parks and Recreation
Commission.
CARRIED
|
4. |
2006-57 2006-57-1 2006-57-2 2006-57-3 2006-57-4 2006-57-5 2006-57-6 2006-57-7 2006-57-8 2006-57-9 2006-57-10 2006-57-11 2006-57-12 2006-57-13 2006-57-14 2006-57-15 2006-57-16 2006-57-17 2006-57-18 2006-57-19 2006-57-20 -- 2006-40 2006-40-1 2006-40-2 2006-40-3 2006-40-4 2006-40-5 2006-40-6 2006-40-7 2006-40-8 2006-40-9 2006-40-10 2006-40-11 2006-40-12 2006-40-13 |
WALKER
HOSPITALITY GROUP, February 7, 2006 CARMEN
L. Z. GRESS, February 9, 2006 ANNE
JACKSON, February 8, 2006 ELIZABETH
AND HUGH TAYLOR, February 8, 2006 G.
F. PEARCE, February 6, 2006 SARAH
HENDERSON, February 6, 2006 DICK
AND ELAINE KANTENBERGER, February 5, 2006 STAN
DAVIS, February 4, 2006 MARGARET
PALMER, February 3, 2006 ANTHONY
AND CAROL ANN SHELTON, February 3, 2006 DONNA
AND GORDON OLSON, February 1, 2006 JULIE
AND LEIGHTON LOVITT, January 27, 2006 CLAYTON
AND ISOBEL DOUGAN, January 25, 2006 ANTHONY
AND CAROL ANN SHELTON, January 5, 2006 ROSEMARY
SHORT, December 15, 2005 HINDA
AVERY, December 6, 2005 WAYNE
LYNCH, [undated] HENRY
E. MCCANDLESS, February 9, 2006 GEORGE
WILLSON, February 10, 2006 HINDA
AVERY, February 6, 2006 BISON
PROPERTIES LTD., February 13, 2006 EXCERPT
FROM MINUTES OF COUNCIL, January 23, 2006 DIRECTOR OF BUILDING AND PLANNING, January 19,
2006 JEANETTE AND CLYDE WOOD, January 17, 2006 MICHAEL RADCLIFFE, January 16, 2006 DIANNE RADCLIFFE, January 16, 2006 JEANETTE MURRAY, January 12, 2006 SEAVIEW APARTMENTS LIMITED, December 1, 2005 R. NASH, November 22, 2005 M. R. WEISENBERGER, [undated] MARCIA KINZIE, October 28, 2005 NONI PERRON, February 21, 2005 DOROTHY BISHOP, January 17, 2006 LAWRENCE AND GABRIELLE ANDRES, January 22,
2006 BILL AND SHARON JAMES, [undated] JAMES AND WENDY STEVENSON, January 22, 2006 Re
Oak Bay Beach Hotel (Bison Properties) – Application for Rezoning/OCP Amendment /Discharge of Land Use Contract/ Development
Permit |
Kevin Walker, of Bison Properties Ltd., stated that he, Shawna
Walker, also of Bison Properties Ltd., and his team of architect, designer,
landscape architect, and accountant would be conducting the second half of the presentation
to Council on the redevelopment of the Oak Bay Beach Hotel with the goal of
earning Council’s confidence in the application. Mr. Walker noted that they were in attendance
to also answer any questions Council may have regarding the redevelopment
proposal.
Shawna Walker stated that compared with the
first proposal in the fall of 2003, the size of the hotel in the new proposal
has been reduced significantly to respond to the input the received. After conducting a public survey of the Oak
Bay community on the proposal, she said, she found it was the overwhelming view
that a hotel remain on the RS-3 residentially zoned site at 1175 Beach Drive.
Ms. Walker stated that, in response to comments
and suggestions from the public, a proposed new design and drawings were done
over the past year. She noted that she
and Mr. Walker have read all the comments in an ‘opinion book’ they provided to
the public where the public is able to write their comments regarding the new
hotel design and drawings. Ms. Walker
pointed out that one of the prevailing comments in the book was ‘to bring old
pieces of the hotel into the new design’.
Appearing on behalf of the applicants to answer
questions from Council at its previous meeting, Bas Smith, of Bas Smith
Architects Inc., noted that there have been a total of 73 building permits
issued for the Oak Bay Beach Hotel since the initial permit for its
construction in 1927. He went on to
describe the more significant building permits issued.
In 1931, he said, the Hotel was rebuilt after it
was demolished from a fire, and in 1954/1955 the Snug Pub was constructed at
the Hotel. In 1975 the Hotel’s interior was remodeled, in 1978 an addition was
constructed on the north side, in 1987 the Hotel’s offices were altered and in
1989 and 1997 the Hotel’s guest rooms were renovated, he said.
Addressing the issue of whether the building
code at the time required seismic upgrading with the renovation of the south wing
in the late 1980’s, Chris Peterson, of Peterson Structural Engineering,
stated that there were serious deficiencies in the BC Building Code with
respect to seismic building standards prior to 1992.
Speaking to the issue raised by Council
regarding traffic on
Mr. Smith presented a ‘Schedule of Floor Areas’
for the proposed hotel. He said the
total floor area of construction would be 140,107 square feet containing 120 guest
rooms. Mr. Smith presented statistical
data relating to site area, site coverage, landscaped outdoor surface, and
building heights.
He explained that the hotel would be designed as
a green building to meet the standards required to qualify as a 5 Green Key
Hotel under the Hotel Associations of Canada’s Green Key Program.
Mr. Smith said that the footprint of the new Hotel
would be similar to that of the existing except it would be shifted about eight
metres to the east and would include a north wing. He presented aerial photographs of the
existing Hotel site and described the layout planned for the interior of the hotel.
Mr. Smith provided an overview of the proposed
parking, noting that 196 parking stalls are being proposed and, he said, there
are 75 existing stalls.
Mr. Smith pointed out that the overall approach
to the architectural design of the existing hotel is board and stucco Tudor
style, however, he noted, the new building is proposed to be much more elegant
by using brick, stone, slate and metal windows.
The main entrance, he said, will be set up to be fairly formal with
topiary decoration.
Brad Forth, of Forth Land Planning, appearing on behalf of
the applicants, presented the proposed landscape plan of the new Oak Bay Beach
Hotel.
The front courtyard, he said, will be in keeping
with the surrounding neighbourhood and the large Garry Oak trees on the
property will be protected along Beach Drive where there will also be a flower
border and water feature. There will be
a public walkway from Beach Drive through the property via various pathways
that would lead to a gated gazebo. Buses
arriving to the hotel, he said, would temporarily park on a paved grass surface
at the front of the property.
On the north end of the ocean side of the
building, said Mr. Forth, there will be a series of step-down rockeries with
native specie plants which will create a habitat string, and on the
The garden residences will have roof top gardens
of rosebushes and small accent trees and their own outdoor space. A large lawn will be created for outdoor
gatherings as will a series of garden pools and water features including a Japanese
garden, similar to, he said, other properties along
Mr. Forth said that there will be a salt water
swimming pool, and a lap pool. Also, he
said, a hot tub area and outdoor lounging terrace is planned which will look
out to the ocean. He said that there
will be a new seawall treatment which will incorporate a warm pool and a
walkway that leads out to a storm watching pavilion.
J. C. Scott, of J. C. Scott Design Associates, appearing on behalf of
the applicants, noted that the current style was ‘Tudor Revival Heritage’. He
listed the heritage conservation methods that would be used to preserve certain
features of the current hotel while they are dismantled, such as the front
entrance, the Snug Pub lighting fixture and the lobby fireplace, then reinstated
in the new building.
Mr. Scott indicated that the new hotel would
have the some of the characteristics of the
Mr. Walker, in summary, assured Council of his
team’s commitment to look into the myriad of comments received and to endeavor
to respond to concerns of the public with respect to the proposed design. He said that he would like to stress the
importance that the hotel be a full-service facility. A posture of openness with regards to
feedback on the design will be maintained throughout the application process,
he said, and three public forums, to discuss the proposal, have been scheduled
in north, central and south Oak Bay.
Mr. Walker responded to questions from Council
regarding the proposal, noting that the proposed design includes twenty strata hotel
residences which would be whole ownership, and the potential for increased
visitors to those residences was noted by a member of Council.
There was discussion regarding the proposed
amount of parking and what is required under the Parking Facilities Bylaw, and
the Municipal Administrator noted that there is not a standard for hotel
parking in the Bylaw and that it would have to be developed. The residential component of the Bylaw, he
said, sets out that 2.25 parking spaces are required per dwelling. As well, he said, parking would be required
for the retail and service areas.
Mr. Smith noted that 90 – 95 % of the year, the Hotel
is not at its full occupancy capacity, however, he said, if there are not
enough parking spaces for staff and hotel guests, staff would arrange to have their
vehicles parked elsewhere and guests could be bused in from another site.
Responding to a question from a member of
Council regarding security for the proposed underground parking, Mr. Scott
stated that it would be monitored, and during the day the door would remain
open, while at night, it would be locked.
Responding to a question regarding the viability
of the current proposal compared to the previous proposal, Mr. Smith said that
136 units were proposed then and 120 are proposed for 2006. Ms. Walker noted that the current business
plan allows for less units because there is a full-service component which
would generate revenue to balance the shortfall in income from fewer hotel
rooms. Also, the new proposal eliminates
one floor of parking as well as some food and beverage area, reducing costs.
There was discussion regarding a comparison of existing
similar and financially viable hotels in Victoria with fewer rental rooms, and
Mr. Walker noted that construction and development costs have risen
significantly in the last year, so more units are required to off-set those
costs. Additionally, he said, the
amenities provided may be significantly different from other hotel developments
It was the view of the Committee that many
details of the application needed further evaluation and discussion. Concerns were raised regarding the size of
the building and its impact on the surrounding residents, and it was felt that
further discussion at the Committee level would be appropriate.
MOVED by Councillor Carson
Seconded by Councillor Cassidy, That Item Nos.
2006-57 to 2006-57-20 and 2006-40 to 2006-40-13 be received and that the
application be referred to Committee of the Whole.
CARRIED
|
6. |
2006-58 2006-58-1 -- |
CAPITAL REGION HOUSING CORPORATION,
February 9, 2006 REGIONAL HOUSING TRUST FUND COMMISSION,
February 13, 2006 EXCERPT FROM MINUTES OF COUNCIL, January 10,
2005 Re Request for Oak
Bay’s Participation in the Regional Housing Trust Fund |
Dean Fortin, Chair of the Regional Housing Trust
Fund Commission,
noted that the average price for a single family home in Greater Victoria is at
a record high of approximately $550,000 which, he said, is a challenge for many
people of middle and low incomes to afford.
In the Capital Region, he said, 22,000 households are in core housing
need, spending more than 30% of their income on housing, and, he said, on any
given night there are about 700 homeless people in
The Regional Housing Trust Fund (RHTF), he said,
is a key implementation initiative of the Regional Housing Affordability
Strategy. He noted that the Fund was
established by the CRD Board in 2005 in recognition of housing affordability as
a key regional priority. Currently, he said, there are six participating
municipalities.
Henry Kamphof, Regional Housing Trust Fund
Administrator,
noted that if Oak Bay chose to participate by contributing $60,524, it would
assist in generating an additional $900,000 of affordable housing capital
funding, and if other districts participated, the CRD could have over one
million dollars in the fund which could generate over $15 million worth of capital
assets and produce approximately eighty units of additional affordable housing.
It was pointed out that the deadline for
amending the CRD’s service establishment bylaw with respect to the RHTF could
not be met, therefore, Oak Bay was being asked to support the Fund in 2006
through a contribution from the municipal budget versus being reflected in the
CRD’s requisition. The CRD’s Bylaw, it was
noted, could be changed at a later date to include Oak Bay as a participating
member in the service. It was noted by a
member of Council that Oak Bay could contribute any amount.
It was the view Council that the request merited
further consideration at the Estimates Committee level, although varying views
emerged with respect to the level of funding that might be supportable.
MOVED by Councillor Carson
Seconded by Councillor Jensen, That Item Nos.
2006-58 and 2006-58-1 be referred to Estimates Committee.
Council requested that financial statements of
the Regional Housing Trust Fund be submitted for its consideration.
The question was then called.
CARRIED
|
7. |
2006-59 |
Re Minutes of Meeting |
MOVED
by Councillor Jensen
Seconded by Councillor Copley, That the minutes
of the Oak Bay Heritage Steering Committee meeting held on January 12, 2006 be
received.
Councillor Copley indicated that she was pleased
to see that the Director of Building and Planning will now be involved with the
Heritage Steering Committee and she felt that the new heritage structure for
Oak Bay was a positive one. Councillor
Copley commented on the availability of heritage workshops through Simon Fraser
University, noting that staff may be interested in attending them.
The question was then called.
CARRIED
NEW BUSINESS:
2006
Centennial Committee – Oral Report from Councillor Herbert
Councillor Herbert
provided an update on the 2006 Centennial Committee’s on-going projects, noting
that the Hockey Hall of Fame event would take place in the fall. He noted that a reception for the children’s
heritage art competition is being held on the evening of February 15th.
Councillor Herbert said
that the Committee wishes to acquire a town clock to be installed along Oak Bay
Avenue, at a cost of $15,000, noting that he was seeking Council’s support for
the capital expenditure.
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That the
CARRIED
Councillor Herbert noted
that the Oak Bay Kiwanis Club would be installing legacy heritage signs on
public property in Oak Bay, and that Council’s permission was once again being
sought.
MOVED by Councillor
Herbert
Seconded by Councillor
Cassidy, That the installation of three heritage signs, funded by the Oak Bay
Kiwanis Club, consisting of archival images and captions be approved for
installation in the following locations:
§
south
side of Oak Bay Avenue near the Monterey Library walkway
§
north
side of Oak Bay Avenue at the corner of Hampshire Road (adjacent to the CIBC
building); and
§
north
side of Oak Bay Avenue at Wilmot Avenue;
and further that the
signs, approximately 24 inches by 18 inches be affixed to a steel frame
approximately 30 inches in height.
The question was then
called.
CARRIED
REPORTS FROM OTHER
COMMITTEES:
Capital Regional District
Arts Committee
Councillor Copley noted
that the CRD Arts Committee is currently promoting ‘Arts in the City’ month. She also noted that the Committee has approved
grants totaling $51,000 to be awarded for various arts projects.
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That the meeting proceed beyond the 11 o’clock p.m. hour of
adjournment fixed by the Procedure Bylaw.
CARRIED UNANIMOUSLY
TABLED:
Development
Variance Permit and Proposed Subdivision—1318 Transit Road
MOVED by Councillor Jensen
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 the proposed subdivision of Parcel A (DD 118746-I) of
Lot 1, Block R, Section 23, Victoria District, Plan 368B (1318 Transit Road)
which would vary the requirements of Section 6.4.4(2)(b) of Bylaw No. 3531,
Zoning Bylaw, 1986, and Section 8(1) of Bylaw No. 3578, Subdivision and
Development Bylaw, 1987 to permit the existing principal building on the
proposed Lot 1 to have a rear lot line setback of 6.0 metres, substantially as
shown on the sketch plan of the proposed subdivision prepared by Powell &
Associates, BC Land Surveyors, dated June 20, 2005 and attached to Committee of
the Whole agenda item #2005-287, when and if the Approving Officer grants
preliminary approval to the proposed subdivision, and upon the applicant
satisfying all conditions of preliminary approval set out by the Approving Officer
including but not limited to the payment of all required off-site servicing
costs and the execution of a covenant in favour of the Municipality imposing
the following restrictions:
·
municipal approval
required for building design and siting, and driveway location, on the proposed
Lot 2;
·
preservation of existing
residence located on the proposed Lot 1;
·
preservation of existing
rock wall on proposed Lots 1 and 2;
·
municipal approval
required for removal of mature trees on the proposed Lot 2, and for the Giant
Sequoia on the proposed
CARRIED
The
question on the main motion was then called.
CARRIED
Development
Variance Permit—3000 Rutland Road
MOVED by Councillor
Cassidy
Seconded by
Councillor Braithwaite, That the following motion be lifted from the table:
That the Director of
Building and Planning be authorized to issue a Development Variance Permit in
respect to Lot 7, Block 11, Section 31, Victoria District Plan 1216A, Except
Part in Plan 2713 (3000 Rutland Road) that will vary Bylaw 3531, Zoning Bylaw,
1986, to permit the renovations of the single family dwelling on the land in
accordance with the plans considered by Committee of the Whole on January 16,
2006, as follows:
|
Bylaw Section |
Permitted/ Required |
Requested |
Variance |
|
6.2.4.(3).(c) &
Schedule “B” Maximum Roof Height |
4.60
metres |
5.83
metres |
1.23
metres |
|
6.2.4.(2).(c) &
Schedule “C” Minimum Interior Side
Lot Line |
4.57
metres |
1.54
metres |
3.03
metres |
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Traffic
Control Order No. 2006-02 (Two Hour Parking Restrictions on Foul Bay Road)
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That signs be erected adjacent to the curb on the east side of Foul Bay Road to
indicate that parking in the area north of the bus zone adjacent to 2817 Foul
Bay Road to the intersection with Allenby Street is restricted to two hours
duration between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.
CARRIED
Development
Variance Permit—1370 Oliver Street
Councillor Jensen
declared a conflict of interest with respect to the development variance permit
application for 1370 Oliver Street in that he lives across the street from 1370
Oliver Street and is acquainted with the applicant on a personal level. He left the meeting at 11:03 p.m.
MOVED by Councillor Cassidy,
Seconded by Councillor Copley, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot B, Section 23, Victoria District, Plan 44952 (1370 Oliver Street) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit the construction of a deck on the land in accordance with the plans considered by Committee of the Whole on February 6, 2006 as follows:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
6.5.4.(2).(b)
Minimum
Rear Yard Lot Line Setback |
7.62 metres |
2.07 metres |
5.55 metres |
MOVED
by
Councillor Cassidy,
Seconded by Councillor
Copley, That the resolution in respect to the Development Variance Permit for
1370 Oliver Street be tabled to enable notice to be given in accordance with
the Local Government Act.
CARRIED
Councillor Jensen
returned to the meeting at 11:05 p.m.
ADJOURNMENT:
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the
open portion of the meeting of Council be adjourned and a closed session be
convened to discuss personal information about an identifiable individual who
holds or is being considered for a position as an officer, employee or agent of
the Municipality or another position appointed by the Municipality.
CARRIED
The meeting
adjourned at 11:06 p.m.
Certified Correct
|
Municipal Clerk |
|
|