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, February 25, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

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 – February 11, 2008

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Council meeting held on Monday, February 11, 2008, be amended to indicate that Councillor Copley seconded the motion for third reading of Bylaw No. 4400, and that the minutes be adopted as amended.

CARRIED

Committee of the Whole – February 18, 2008

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, February 18, 2008, and the recommendations contained therein, be adopted.

CARRIED

Councillor Copley asked what further steps would be taken with respect to the Employment of Persons With Disability Provincial “10 x 10” Challenge.

It was noted that Council approved a proclamation at its February 11, 2008 meeting endorsing the Province of British Columbia’s 10 X 10 Challenge and that, as discussed, staff advised both the University of Victoria and the Oak Bay Parks and Recreation Department of Council’s support of the program and supplied the program information for their possible participation. The Municipal Administrator confirmed that staff will follow up with the Director of Parks and Recreation in this regard.

PRESENTATION:

2008-50

CAPITAL REGIONAL DISTRICT (Bowker Creek Initiative), January 22, 2008

Re Master Drainage Plan for Bowker Creek

(Tanis Douglas, Bowker Creek Initiative Coordinator, Jody Watson, Chair of Bowker Creek Initiative and Harbours and Watersheds Coordinator, Capital Regional District, in attendance for this item.)

Tanis Douglas, Bowker Creek Initiative Coordinator, provided a slide presentation to update Council on the completion of the Master Drainage Plan which is the first phase of the Integrated Stormwater Management Plan endorsed by municipalities in 2003.

Ms. Douglas explained that the Master Drainage Plan will address the hydrotechnical components of the Integrated Stormwater Management Plan by identifying areas with deficient drainage capacity in areas such as Fireman’s Park. The Bowker Creek watershed vision, she said, is to manage flows effectively to reduce future flooding and erosion and to create a healthy stream that supports native vegetation and wildlife, as well as incorporating environmental benefits through avenues such as providing a community greenway to connect neighbourhoods.

Ms. Douglas provided an overview of the goals of the Master Drainage Plan and the activities planned to achieve those goals, and drew attention to the various components of the Integrated Stormwater Management Plan, which is anticipated to be completed by 2009.

Jody Watson, Chair of the Bowker Creek Initiative and Harbours and Watersheds Coordinator, noted that the costs to implement the Master Drainage Plan are anticipated to be $20 million to $40 million over the next 15 to 25 years depending on many variables including flood protection, property acquisition, environmental and social considerations.

Ms. Watson noted that Saanich, Victoria, and Oak Bay need to come together to explore long term funding options at the municipal level. She also advised that a list of prioritized actions with respect to the Plan’s implementation are expected to come forward in the future, with the associated costs.

Ms. Watson and Ms. Douglas answered further questions from Council with respect to the objectives of the Bowker Creek Watershed Management Plan aimed at reducing the volume of water going into Bowker Creek.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That correspondence item no. 2008-50 be received.

CARRIED

COMMUNICATIONS:

2008-51

DIRECTOR OF BUILDING AND PLANNING, February 13, 2008

Re Rezoning Application – 2531 and 2541 Estevan Avenue

Denis Rogers, BRCM Holdings Ltd., was in attendance representing the owners and their proposed re-development of 2531 and 2541 Estevan Avenue.

Frank D’Ambrosio, D’Ambrosio architecture + urbanism, provided an overview of the proposed construction of a new building at the corner of Estevan Avenue and Dunlevy Street. Mr. D’Ambrosio advised that the building would consist of three storeys and a fourth level mezzanine, street level commercial spaces, one of which would be a live/work unit, eight residential units on the second floor and four residential units on the third floor, with one of the units having access to the fourth floor mezzanine. The basement would be unchanged to what exists now, he said. The new building would include a bicycle room, a recycling area, and a “green roof” which would be accomplished with planters.

The building design, said Mr. D’Ambrosio, would be a compatible addition to the historic character of Estevan Village fitting in well with the scale and streetscape of the area.

As part of the project, he said they propose to rejuvenate the sidewalk area with trees, planters, seating, and decorative light standards. As well, Mr. D’Ambrosio commented that the design for the adjacent municipal boulevard would bring forward ideas for stormwater management such as rain gardens and bioswales (landscape elements designed to remove surface runoff water). The proposed development has been registered with the Canadian Green Building Council and it is intended to achieve LEED-NC certification, he said.

Responding to questions from Council, Mr. D’Amrosio said that it is not certain at this time as to whether the residential units would be rental or individually owned suites. He added that the third level unit, with access to the mezzanine, would be occupied by the owners of building who have expressed their wish to adopt the concept of “aging in place” and having their family around them.

The Municipal Administrator advised that should the suites in the building be occupied as rental units, they could not be converted to strata units at a later date.

Further discussion ensued regarding the proposed number of parking spaces, how access to the parking would be provided, and whether or not the alley throughway next to 2531 Estevan Avenue could be retained.

The question as to whether or not the mezzanine was a necessary addition to the building was raised by a member of Council. In response, Mr. D’Ambrosio noted that architecturally the mezzanine is worthwhile and as it is small relative to the size of the building it would not be overpowering and would offer a spectacular outlook from that vantage point.

There was consensus that the proposed project was worthy of further discussion at the Committee of the Whole level.

MOVED by Councillor Herbert

Seconded by Councillor Carson, That the rezoning application for 2531 and 2541 Estevan Avenue be referred to Committee of the Whole for further discussion.

CARRIED

2008-52

JOHN CHOMYN et al, February 11, 2008

Re Request for Discharge of Elkington Estate Strata Plan Covenant

It was noted that residents of Elkington Estate have requested that the covenant registered to the strata plan, that protects trees and restricts the siting of building on the lots, be repealed with respect to the tree protection provisions. It was felt by the residents that the covenant is redundant in that Oak Bay has a Tree Protection Bylaw that would provide similar protection as the covenant, and that having to seek Council approval for work on trees, along with first applying to the Parks Department, can cause unnecessary delays.

Responding to questions from Council, the Municipal Administrator noted that while the Tree Protection Bylaw does provide similar tree protection to the covenant in some cases, it would not protect trees (other than Garry oaks, Arbutus, Pacific Yew and Pacific Dogwood) with a diameter between 25cm and 60 cm, which are protected under the covenant.

William Moore, 578 Island Road, responding to a question from a member of Council, said that the reason for the request to readdress the tree protection issue arose when he sought Council approval to thin out four Monterey Cypress trees on his land. He noted that the tree work would normally have been approved by permit under the Tree Protection Bylaw if not for the covenant registered on this property, which would have saved him a lot of time.

Following discussion, Council felt that prior to making a decision on whether or not to discharge the tree protection portion of the covenant, it would be useful to determine the actual number of each species of tree within the 25cm to 60 cm diameter range for each lot in the Strata Plan.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That staff be directed to bring forward a report to Council indicating the number of each species of trees located in each lot of the Elkington Estate that have a tree trunk diameter between 25 centimetres and 60 centimetres.

CARRIED

2008-53

GREATER VICTORIA FILM COMMISSION, February 13, 2008

Re Request for Grant

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the grant request in the amount of $4,000 for the Greater Victoria Film Commission be referred to Estimates Committee.

CARRIED

2008-54

OAK BAY COMMUNITY ARTIST SOCIETY, February 18, 2008

Re Request for Grant

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That a grant in the amount of $107.11 to Oak Bay Community Artists Society, to offset the cost of rental of a meeting room at Windsor Park Pavilion, be approved.

CARRIED

2008-55

OAK BAY LAWN BOWLING CLUB, February 18, 2008

Re Request for Grant

MOVED by Councillor Herbert

Seconded by Councillor Carson, That approval be given for $20,000 for the expansion and renovation of the Oak Bay Lawn Bowling Clubhouse.

CARRIED

2008-56

RICK HANSEN WHEELS IN MOTION, February 20, 2008

Re Request for Road Closure for Fund Raising Event, – June 8, 2008

Mayor Causton confirmed that the Oak Bay Police Department and the Oak Bay Tea Party Society are in support of this event.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the closure of a portion of Beach Drive, between the north side of Dalhousie Street and the south entrance to Cattle Point, and the occupancy of public property, in connection with the Rick Hansen Wheels In Motion event, as outlined in correspondence item no. 2008-56, be approved subject to the event organizers:

§ indemnifying the municipality from any liability arising from the staging of the event and providing evidence of insurance to cover this indemnification; and

§ obtaining approval of a traffic management plan by the Chief Constable for the District of Oak Bay that safely accommodates diverted vehicular and pedestrian traffic; and

§ assuming all responsibility for any and all extraordinary costs incurred by the Municipality in connection with the event.

CARRIED

2008-57

CAPITAL REGIONAL DISTRICT, February 12, 2008

Re American Bullfrog Eradication Program – Request for Grant

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the request for funding for the Capital Regional District’s American Bullfrog Eradication Program be referred to Estimates Committee, and that a letter be written to the Ministry of Environment requesting a funding contribution to the eradication program in the west shore control corridor.

Councillor Jensen noted that progress is being made with respect to eradicating this invasive species, however, more funding to increase the program’s efforts is needed.

Attention was drawn to the unusual request, noting that such a regionally important program would normally be funded by the Capital Regional District, with the member municipalities contributing their share through payment of the Capital Regional District’s taxation requisition.

The question was then called.

CARRIED

2008-58

HERITAGE REGISTER SUB-COMMITTEE, February 25, 2008

Re Proposed Additions to Oak Bay Community Heritage Register

(Jean Sparks, Oak Bay Archivist, and Judith Andersen, Heritage Register Sub-Committee, were in attendance for this item.)

Attention was drawn to the eighteen proposed additions to the Oak Bay Community Heritage Register, with Council commending Jean Sparks and the Community Heritage Register Committee on a job well done.

MOVED by Councillor Copley

Seconded by Councillor Jensen, That the Oak Bay Community Heritage Register be augmented by the addition of the real properties listed below, as more particularly described in the heritage significance statements attached to correspondence item no. 2008-58:

§ 1110 Beach Drive	§ 318 Newport Avenue
§ 3225 Beach Drive	§ 380 Newport Avenue
§ 3515 Beach Drive	§ 2753 Somass Drive
§ 1931 Bowker Place	§ 151 Sunny Lane
§ 210 Denison Road	§ 33 Sylvan Lane
§ 235 Denison Road	§ 3165 Tarn Place
§ 508 Island Road	§ 2264 Windsor Road
§ 2021 McNeill Avenue	§ 2450 Windsor Road
§ 1355 Mitchell Street	§ 941 Victoria Avenue

It was confirmed by Jean Sparks, that although it appears on the attached forms that not all residents consented to being on the Heritage Register, it was a computer system glitch that incorrectly left that area blank, and that all had, in fact, consented.

The question was then called.

CARRIED

10.

2008-59

OAK BAY HERITAGE STEERING COMMITTEE, January 17, 2008

Re Minutes of the Meeting

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the minutes of the Oak Bay Heritage Steering Committee meeting held on January 17, 2008 be received.

A member of Council expressed satisfaction that the number of house demolitions in Oak Bay has decreased over the past two years.

The question was then called.

CARRIED

11.

2008-60

CAPITAL REGIONAL DISTRICT, February 20, 2008

Re Facilitation Process – CRD Regional Growth Strategy Amendment Bylaw No. 3443

The Municipal Administrator noted that it is mandatory for a representative of Oak Bay to attend the facilitation process meetings to clarify issues and encourage a resolution with respect to the Capital Regional District’s proposed Growth Strategy amendment bylaw in response to the Highlands’ Regional Context Statement.

Mr. Cochrane and Mayor Causton expressed their willingness to attend the meetings on behalf of the District of Oak Bay.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the Mayor and the Municipal Administrator be appointed to attend the initial consultation meeting and any future meetings to address the proposed Capital Regional District’s Regional Growth Strategy amendment.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Sewage Treatment

Councillor Jensen noted that after reading a letter sent to the Times Colonist newspaper regarding the topic of sewage treatment, he would like to request that Council members meet with the Honourable Ida Chong, MLA, to discuss this issue.

Mayor Causton noted that the letter referred to by Councillor Jensen was recently circulated to members of Council and that this issue, along with other items of concern, had been discussed at the last meeting with the MLA, although it was possible that consideration could be given to holding another meeting in the future.

Victoria Family Court and Youth Justice Committee

Councillor Braithwaite drew attention to a recent report that includes recommendations for youth services in the Capital Regional District that will be circulated to members of Council.

RESOLUTIONS:

Development Variance Permit – 2032 Esplanade

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2032 Esplanade (Lot 5, Section 61, Victoria District, Plan 3833), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the occupiable height and front yard setback:

Bylaw Section	Required	Requested	Variance

6.5.4.(3)(b) & Schedule “B” Maximum Occupiable Height	4.42 m	4.57 m	0.15 m

6.5.4.(2)(a) Front Lot Line Setback (Lane)	7.62 m	5.85 m	1.77 m

to accommodate the addition/renovations, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-47, being a memorandum from the Director of Building and Planning dated February 12, 2008.

MOVED by Councillor Jensen

Seconded by Councillor Carson, That the motion in respect of the development variance permit for 2032 Esplanade be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 963 Beach Drive

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 963 Beach Drive (Lot A, Section 73, Victoria District, Plan 15273), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the building height:

Bylaw Section	Permitted	Requested	Variance

6.1.4.(3)(a) & Schedule “B” Maximum Building Height	7.32 m	8.14 m	0.82 m

6.1.4.(3)(b) & Schedule “B” Maximum Occupiable Height	4.57 m	5.39 m	0.82 m

6.1.4.(3)(c) & Schedule “B” Maximum Roof Height	9.14 m	10.73 m	1.59 m

to accommodate the construction of a new house, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-48, being a memorandum from the Director of Building and Planning dated February 12, 2008.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the motion in respect of the development variance permit for 963 Beach Drive be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Capital Regional District Core Area Liquid Waste Management Plan: Sanitary Sewer Overflows, Inflow And Infiltration

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That Oak Bay Council endorse the plan described in the Technical Memorandum prepared by Kerr Wood Leidal Associates dated September 25, 2006, as the method of determining the most cost-effective expenditure of public funds within Oak Bay in support of the Capital Regional District’s requirement to eliminate sanitary sewer overflows consistent with the Municipal Sewage Regulation, conveyed as Condition No. 10 in the 2000 letter from the Minister of Water, Land and Air Protection approving the Capital Regional District Core Area Liquid Waste Management Plan.

CARRIED

Capital Regional District Core Area Liquid Waste Management Plan: Combined Sewers, Uplands Catchments

A member of Council expressed his disagreement with the Province’s directives in regard to the Municipal Sewage Regulation, expressing that he feels Oak Bay’s original plan to construct detention facilities in the Uplands to manage stormwater, which was rejected by the Province, would be a better option. He also suggested that such an approach may well be acceptable to the Province down the line.

Mr. Cochrane noted that should there be future changes in the provincial regulations that would permit detention facilities, Oak Bay will have undertaken some of the separation that would be required, and the detention facility option could still likely be implemented. In any event, he said, an extensive amount of twinning is necessary, regardless of whether or not detention facilities are later deemed acceptable.

MOVED by Councillor Jensen

Seconded by Councillor Carson, That Oak Bay Council adopt the plan for the elimination of combined sewers in the two Uplands catchment areas consistent with the Municipal Sewage Regulation, as set out in the Technical Memorandum prepared by Kerr Wood Leidal Associates dated February 13, 2008, as the District of Oak Bay’s response to the directive represented by Condition No. 11 in the 2000 letter from the Minister of Water, Land and Air Protection approving the Capital Regional District Core Area Liquid Waste Management Plan.

CARRIED

Concerns were expressed by a member of Council that, as part of the Capital Regional District’s sewage treatment strategy, consideration may be given to the construction of a satellite sewage treatment facility in the District of Saanich to the north of Oak Bay. Such a facility, it was suggested, could reduce the flows into the East Coast Interceptor trunk sewer, and possibly decrease the number of storm event overflows that the twinning of the Uplands sewer system is supposed to address.

In response, the Municipal Administrator suggested that, although it is unknown whether or not such a facility would actually free up enough capacity to assist in reducing storm event overflows to the five year return level required by the Municipal Sewage Regulation , a third resolution, which he described to Council, could be considered to possibly delay the implementation of the separation of combined sewers in the Uplands until such information is known.