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, January 28, 2008 at 7:30 p.m.

 

PRESENT:

Mayor C. M. Causton, Chairman

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

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 – January 14, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the minutes of the Council meeting held on Monday, January 14, 2008, be adopted.

 

Attention was drawn to the decision to form a small Secondary Suites Review Committee, and it was noted that although the intention was to have two Council members and two members of the public to start, three members of Council wanted to participate in the early stages of the review process.  In this regard there was consensus that Councillors   Braithwaite (Chair), Copley, and Herbert, be appointed to the Committee, with subsequent appointments of members of the public to be considered further into the process.

 

The question was then called.

 

CARRIED

 

Committee of the Whole – January 21, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the minutes of the Committee of the Whole meeting held on Monday, January 21, 2008, and the recommendations contained therein, be adopted.

 

CARRIED

 

 

 

 

COMMUNICATIONS:

 

1.

2008-26

 

ROYAL ASTRONOMICAL SOCIETY OF CANADA, January 8, 2008

Re Light Pollution Abatement

 

Responding to questions from Council, the Director of Engineering Services confirmed that the Municipality has been addressing outdated street lighting by replacing old bulbs with more energy efficient light bulbs through regular street light maintenance.

 

With respect to lighting at Cattle Point, attention was drawn to the two existing lights, one at each boat ramp, which were felt to be necessary safety measure for boaters.  It was acknowledged there are no plans for further lighting at this time.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That correspondence item no. 2008-26 be received.

 

 

CARRIED

 

2.

2008-27

 

CITY OF VICTORIA, January 10, 2008

Re Request for Grant (2008 Canada Day Celebration)

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That a grant to the City of Victoria in the amount of $1,000 towards the 2008 Canada Day celebrations be included in the budget.

 

CARRIED

 

3.

2008-28

ROYAL CANADIAN LEGION, January 10, 2008

Re Request for Grant (Military Service Recognition Book)

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the grant request from the Royal Canadian Legion in the amount of $250 be referred to Estimates Committee.

 

CARRIED

 

4.

2008-29

EASTER SEALS 24 HOUR RELAY FOR THE KIDS, January 14, 2008

Re Request for Grant

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the grant request from the Easter Seals 24 Hour Relay for the Kids in the amount of $3796 be referred to Estimates Committee.

 

CARRIED

 

5.

2008-30

SAFER CYCLING OAK BAY et al, January 15, 2008

Re Request for Remediation of North Henderson  Road – Petition

 

Mayor Causton noted that the complete petition is available for review in the administrative file room and he thanked Ms. Ewing for her efforts in providing the document.

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That correspondence item no. 2008-30 be received.

 

CARRIED

 

6.

2008-31

RON MERNER, January 18, 2008

Re Secondary Suites

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2008-31 be received and that it be forwarded to the Secondary Suites Review Committee.

 

It was noted that all future correspondence pertaining to the issue of secondary suites should be directed to the Committee with copies of the correspondence being forwarded to each member of Council.

 

Some members of Council expressed various views on the subject of secondary suites noting the potential impact on neighbourhoods and the environment, and on the timing and methods applied to obtain public feedback, while others expressed the view that allowing secondary suites would legalize what already exists, helping to ensure safe habitable housing for renters in Oak Bay.  It was also suggested that a report from the newly formed Committee come back to Council for review sooner rather than later with suggestions on how to obtain necessary input from residents.

 

The question was then called.

 

CARRIED

 

7.

2008-32

HERITAGE STEERING COMMITTEE, December 17, 2007

Re Minutes of the Meeting

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Oak Bay Heritage Steering Committee meeting held on December 17, 2007 be received.

 

CARRIED

           

8.

2008-33

MUNICIPAL ADMINISTRATOR, January 23, 2008

Re Feasibility of Development Cost Charges for Oak Bay

 

The Municipal Administrator drew attention to his memorandum (correspondence item no. 2008-33) introducing the possibility of implementing development cost charges for Oak Bay.  Mr. Cochrane noted that although it was attempted in the late 1970s the proposed development cost charges bylaw was rejected by the Province due to a number of technical and conceptual difficulties. 

 

 

 

 

Although this subject, said Mr. Cochrane, seems to have come up suddenly for Council, it has in fact been percolating at a staff level for some time now, whereas the issue of secondary suites seems to have come upon staff rather suddenly although possibly in the minds of Council members much longer.  Both issues, he said, would be large projects for staff and Council to pursue and would likely consume in excess of 12 months each, noting that it would be a challenge to pursue them simultaneously.    

 

Mr. Cochrane drew attention to the process of exploring the feasibility of implementing development cost charges as outlined in his memorandum, which takes into consideration the amount of growth contemplated by the Official Community Plan and identifies the specific infrastructure works required to accommodate the projected growth. 

 

With respect to considering development cost charges for Oak Bay, Mr. Cochrane suggested that Council may wish to start with the first step of engaging a consultant to advise on the potential for an effective development cost charge program in this Municipality and to provide an estimate of the cost and work required if that potential is found to exist and Council decides to proceed down that path.  This first step could be undertaken for an estimated cost of $3,000, he said.

 

There was discussion regarding the points made in Mr. Cochrane’s memorandum and the potential impact a development cost charge program may have on the Municipality collecting offsite servicing costs.

 

Following further discussion and Mr. Cochrane answering questions in this regard, it was the view of Council that a consultant should be engaged to advise on the potential effectiveness of a development cost charge program in the Municipality as a first step.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That approval be given to engage a consultant to advise on the potential of an effective development cost charge program in Oak Bay.

 

CARRIED

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

United Church Update

 

Mayor Causton noted his pleasure in seeing that the Oak Bay United Church on Granite Street will be restored and made occupiable again thanks to its dedicated congregation. It is hoped that the project will complete by June 2008, he said.

 

TABLED:

 

Development Variance Permit – 574 Island Road

 

MOVED by Councillor Jensen

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 574 Island Road (Strata Lot 4, Section 22, Victoria District, Strata Plan VIS2473, together with an interest in the common property in proportion to the unit entitlement of the Strata Lot as shown on Form 1), varying the following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the maximum allowable lot coverage for structures in the RS-4 Zone:

 

Bylaw Section

Permitted

Requested

Variance

 

 

 

 

6.4.4.(4)

Maximum Lot Coverage

(Accessory Structures)

 

5% (57m2)

 

21.4% (246m2)

 

16.4% (189 m2)

 

to accommodate the construction of paved patio and pathway areas, as more particularly shown on the plan dated January 9, 2008 attached to the resolution printed for the purposes of the January 14, 2008 Council agenda.

 

CARRIED

 

The question on the main motion was then called.

 

CARRIED

 

RESOLUTIONS:

 

Development Variance Permit – 3023 Beach Drive

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 3023 Beach Drive (Lot 2, Section 31, Victoria District, Plan 4855), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a building:

 

Bylaw Section

Required

Requested

Variance

 

 

 

 

6.2.4.(2)(c) & Schedule “C”

Minimum Interior Side Lot Line Setbacks

 

3.96 m

 

2.52 m

 

1.44 m

 

 

 

 

6.2.4.(2)(e) & Schedule “C”

Minimum Total of Side Lot Line Setbacks

 

 

9.75 m

 

5.53 m

 

4.22 m

 

to accommodate additions and renovations to the dwelling, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-21, being a memorandum from the Director of Building and Planning dated January 3, 2008.

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the motion in respect of the development variance permit for 3023 Beach Drive be tabled to allow notice to be given in accordance with the Local Government Act.

 

CARRIED

 

 

BYLAWS:

 

For Adoption

 

Bylaw No. 4397

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4397, Ticket Information Utilization Bylaw Amendment Bylaw No. 1, 2008, be adopted.

 

CARRIED

 

Bylaw No. 4398

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4398, Oak Bay Parks and Recreation Commission Bylaw Amendment Bylaw No. 1, 2008, be adopted.

 

CARRIED

 

Bylaw No. 4399

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4399, Fire Regulation Bylaw Amendment Bylaw No. 1, 2008, be adopted.

 

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 labour relations.

 

CARRIED

 

The meeting adjourned at 8:17 p.m.

 

 

Certified Correct:

 

 

 

_______________________________

Municipal Clerk

 

 

_______________________________

Mayor