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, March 10, 2008 following the Public Hearing 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 7:35 p.m.

MINUTES OF MEETINGS:

Council – February 25, 2008

MOVED by Councillor Herbert

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

CARRIED

Committee of the Whole – March 3, 2008

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Monday, March 3, 2008, and the recommendations contained therein, be adopted.

CARRIED

PRESENTATIONS:

Introduction of New Police Department Members

(Deputy Chief Constable Thom, Oak Bay Police Department, in attendance for this item.)

The Deputy Chief Constable introduced Cst. Lauren Grekul and Cst. Jennifer Gibbs as new members to the Oak Bay Police Department effective January 28, 2008. Deputy Chief Thom provided a brief description of Cst. Grekul and Cst. Gibbs’ careers and welcomed them both to Oak Bay.

On behalf of Council and the community, Mayor Causton welcomed Cst. Grekul and Cst. Gibbs as the newest members of the Police Department and said he hoped they would enjoy working in Oak Bay.

COMMUNICATIONS:

2008-66

CAPITAL REGIONAL DISTRICT, February 18, 2008

Re Capital Regional District Climate Action and Adaptation Service Establishment Bylaw No. 3510

Dwayne Kalynchuk, General Manager, Environmental Services, Capital Regional District, was in attendance to provide a brief overview of the proposed Climate Action and Adaptation Service Establishment Bylaw and to answer any questions from Council.

Mr. Kalynchuk explained that the bylaw 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, assisting with grant applications, and providing public education and information.

Mayor Causton commented that the Oak Bay Climate Change Task Force, in its final report, will be recommending that the regional municipalities share staff resources and expertise with respect to climate change initiatives and education.

Following further discussion regarding the Capital Regional District’s climate action and adaptation service bylaw, and various questions from Council being answered by Mr. Kalynchuk, it was the consensus of Council to support the bylaw.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That consent be given to the adoption of the Capital Regional District Bylaw No. 3510, Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, in accordance with Section 801.4 of the Local Government Act.

CARRIED

2008-67

2006-360

2008-67-1

- -

2007-263

2007-263-3

2007-263-4

2007-237

2007-237-1

2007-237-2

2007-237-3

2007-237-4

2007-237-5

2007-237-6

2007-237-7

2007-237-8

MUNICIPAL CLERK, March 5, 2008

DIRECTOR OF BUILDING AND PLANNING, October 24, 2006

ROYAL VICTORIA YACHT CLUB, November 27, 2007

EXCERPT FROM COUNCIL MEETING MINUTES – October 9, 2007

PHILIP WHITE, September 14, 2007

JACK HARRIS, October 4, 2007

BARRY PHILLIPS, October 5, 2007

PHILIP WHITE, August 2, 2007

NEVILLE GIBSON, September 4, 2007

GEORGE MACMINN, September 4, 2007

JOHN CHUDYK, September 6, 2007

PAUL THOMAS, September 9, 2007

PETER READER, September 6, 2007

TOM CROFT, September 10, 2007

ATHOLL AND R. SUTHERLAND BROWN, September 2, 2007

SAVE THE SHORELINE OF CADBORO BAY SOCIETY, August 21, 2007

Re Proposal from Philip White for Amendment to Official Community Plan Regarding 3475 Ripon Road (Royal Victoria Yacht Club)

Councillor Herbert declared a conflict inasmuch as he is a member of the Saanich Peninsula Yacht Club with reciprocal privileges with the Royal Victoria Yacht Club, indicating that he would be unable to participate in discussion or vote on the matter. Councillor Herbert left the meeting at 7:49 p.m.

The Municipal Administrator provided a brief summary noting that at its September 10, 2007 meeting, Council agreed to defer the proposal from Philip White to amend the Official Community Plan (OCP) to restrict expansion of moorage facilities at the Royal Victoria Yacht Club to a future meeting to allow the Royal Victoria Yacht Club to be heard at the same time as Mr. White with respect to its application to expand the moorage facilities at the Club. Since that time, the Royal Victoria Yacht Club has withdrawn its expansion proposal, however, Mr. White expressed his wish to move forward with his proposal at this time. Mr. Cochrane noted that as the proposal affects the Royal Victoria Yacht Club land, the Club has been notified that this item is on the agenda.

Philip White, 3525 Beach Drive, provided an overview of his request for an amendment to the Official Community Plan (OCP) saying the OCP should be a clear, unambiguous statement of policy and state how that policy should be implemented. Mr. White felt that the section in the OCP that deals with permanent moorage and restricting any moorage expansion in the Oak Bay Marina should apply to the Royal Victoria Yacht Club as well, and that it was a drafting error that failed to ensure that such is the case.

Additionally, Mr. White questioned the necessity of having the restrictions directed at the Oak Bay Marina spelled out when, in fact, the provincially owned land is subleased to the Oak Bay Marina from the District of Oak Bay, which has, through the lease, control of the land.

Mr. White distributed a ‘fact sheet’ that pointed out and compared various pieces of information pertaining to foreshore lease areas in Oak Bay, that included foreshore lease rents, number and average size of moorage berths, and assessed property values. It was Mr. White’s opinion that neighbouring property values would decline should a future moorage expansion be permitted at the Yacht Club, as illustrated in his handout. He further stated that this would result in reduced tax revenues for the District of Oak Bay as well.

Jack Angus, Royal Victoria Yacht Club, responded to comments and noted that the Oak Bay Marina and the Royal Victoria Yacht Club should not be lumped into the same category as one is commercial the other is a recreational facility. He also pointed out that should a future expansion application be submitted by the Royal Victoria Yacht Club an amendment would be needed for the OCP, and public consultation would be undertaken at that time.

Harry Swain, Royal Victoria Yacht Club, noted that Mr. White’s proposal arose in response to the Yacht Club application for moorage expansion. As the Club withdrew its application, he said, Mr. White’s proposal should not be explored at this time, and, instead, a new application from the Yacht Club with respect to its expansion should trigger an OCP amendment.

It was the consensus of Council to only hear from Mr. White and the Yacht Club representatives at this time, noting that if the proposal should proceed to Committee of the Whole, public consultation would be undertaken in accordance with the provincial legislation.

Responding to questions from Council, Mr. Cochrane noted that the current wording in the OCP is substantially the same as the wording of the 1981 OCP with respect to restricting moorage expansion at the Oak Bay Marina. He advised that when the 1981 OCP was being prepared, Council made a conscious decision to add the words “at the Oak Bay Marina”. Therefore, he said, it would not be correct to categorize the absence of wording to restrict moorage at the Yacht Club as a mistake, as clearly there was consideration given to the existing wording.

Following discussion, it was the consensus of Council that it was satisfied with the wording in the Official Community Plan, and that the request to amend the OCP should not be proceeded with.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2008-68 be received.

It was reiterated that any future application from the Yacht Club for moorage expansion would require an OCP amendment, and it was felt that it was not in the best interests of the community to proceed with Mr. White’s proposal for a change to the Official Community Plan.

The question was then called.

CARRIED

Councillor Herbert returned to the meeting at 8:37 p.m.

2008-68

ROB AND LINDA VANDERBYL / VERN AND MARGARET MCKEEN, February 20, 2008

Re Request to Undertake Work on Trees Protected by Restrictive Covenant (619 & 623 Island Road)

MOVED by Councillor Jensen

Seconded by Councillor Copley, That pursuant to the restrictive covenant registered against the Jones Estate property, approval be given to carry out the requested tree work at 619 and 623 Island Road, as outlined in the correspondence item no. 2008-68, subject to compliance with the Tree Protection Bylaw.

CARRIED

2008-69

BIKE TO WORK VICTORIA, February 27, 2008

Re Grant Request/Occupancy of Public Property Request

(Stephanie Johnson, Executive Director, Bike to Work Victoria, in attendance for this item.)

Stephanie Johnson addressed Council saying that Bike to Work Week was very successful in 2007 with approximately 6,100 people participating in the event.

Ms. Johnson said the organizers would like to again request permission to set up a ‘celebration station’ on the Oak Bay Municipal Hall front lawn to support cyclists using the Oak Bay corridor along with a grant request of $750.

Ms. Johnson responded to questions from Council regarding the event.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That a grant of $750 be provided to Bike to Work Victoria, and further that permission be given to Bike to Work Victoria to host a celebration station on the front lawn of the Oak Bay Municipal Hall, subject to the event organizers indemnifying the Municipality against any liability arising from the staging of the event and providing evidence of adequate insurance to cover this indemnification, and assuming all responsibility for any and all extraordinary costs incurred by the Municipality in connection with the event.

CARRIED

2008-70

MARITIME MUSEUM OF BRITISH COLUMBIA SOCIETY, February 26, 2008

Re Grant Request

(Greg Evans, Executive Director, Maritime Museum of British Columbia Society, in attendance for this item.)

Greg Evans, provided a brief overview of the Maritime Museum’s upcoming and ongoing programs, and in particular, drew attention to the special events for the 150^th anniversary of the founding of the Crown Colony of British Columbia, such as the Maritime Mosaic event, as outlined in the correspondence attached to the agenda package, and the 2008 Tall Ship Festival.

Responding to Mayor Causton suggesting that the Tall Ship Society consider Oak Bay as a port of call for one or two of the tall ships, Mr. Evans said he was in the process of investigating that and hoped to have a favourable response from the Oak Bay boating community.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That a 2008 operating grant in the amount of $2,060 be approved for the Maritime Museum of British Columbia Society, with the remainder of the request being referred to Estimates Committee.

CARRIED

2008-71

BC SPCA WILD ANIMAL REHABILITATION CENTRE, February 28, 2008

Re Grant Request

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That correspondence item no. 2008-71 be received.

CARRIED

2008-72

MUNICIPAL TREASURER, March 6, 2008

Re Social Service Agency Operating Grant Requests

(Val Green, Volunteer Victoria and Christina Peacock, Community Council, in attendance for this item.)

Val Green and Christina Peacock, on behalf of their organizations, expressed gratitude to Oak Bay for its continuing support. Each representative made a brief presentation to Council regarding the individual requests for funding, providing overviews of the services each organization provides, and outlining the need for the level of funding being sought by each, as outlined in their submissions to Council.

Volunteer Victoria

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the request for a 2008 operating grant in the amount of $2,773 for Volunteer Victoria be referred to Estimates Committee.

CARRIED

Community Council

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the request for a 2008 operating grant in the amount of $4,022 for Community Council be referred to Estimates Committee.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the following grant requests be referred to Estimates Committee:

NEED Crisis and Information Line $4,873

St. John Ambulance -Victoria $ 538

CARRIED

2008-73

2008-73-1

ROBERT AND FRANCES HEISLER, March 6, 2008

MICHAEL CULLIN, [undated]

Re Development Variance Permit – 963 Beach Drive

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence items no. 2008-73 and 2008-73-1 be received.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Earth Hour 2008

Mayor Causton noted that he has received letters requesting that Oak Bay participate in a global action movement known as Earth Hour where communities are encouraged to turn off the lights for one hour at 8:00 p.m. on March 29, 2008 in an effort to deliver a message about the need for action on global warming.

Mayor Causton suggested that the request be referred to staff to consider implementing, bearing in mind any safety requirements that may arise.

Community Initiatives Committee

Councillor Herbert noted that the Province of British Columbia is providing $29,000 in support of BC150 celebration events in Oak Bay. The funding was approved for the Oak Bay Tea Party and Parade ($5,000), the BC150 Heritage Lecture Series ($3,000), and the Oak Bay Salish History Monuments ($21,000).

Garagellenium

Mayor Causton advised that the Garagellenium (a community-wide garage sale) is back on track with a new organizer, Graham Lamb, who has agreed to take over from Paul Redchurch after his eight years at the helm.

TABLED:

Development Variance Permit – 2032 Esplanade

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 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.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 963 Beach Drive

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 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.

CARRIED

Responding to a question from a member of Council, the Director of Building and Planning advised that following a discussion between the applicant, Richard Auchinleck and his neighbour, Robert Heisler (975 Beach Drive), the owner is wishes make changes to the application to reduce the number of variances to one from the original three requested.

Michael Cullin, Designer, drew attention to the proposed change which would see the building being lowered further into the ground. Lowering the building, he noted, would also require lowering the driveway to the attached garage, bringing it too close to the underground sanitary sewer line. Therefore, it is proposed that the sewer line be relocated.

Responding to questions, the Municipal Administrator confirmed that new plans would need to be submitted to reflect the proposed changes, and that a deposit to cover the cost of relocating the sewer line, along with the execution of a servicing agreement would be required prior to the issuance of a building permit, should that option be pursued.

Robert Heisler, 975 Beach Drive, was in attendance to express his remaining concern that the height of the proposed new building at 963 Beach Drive may affect his view. As well, Mr. Heisler questioned how the average grade of the property was determined in the first instance, disagreeing with the calculation.

Responding to a question from Mr. Cullin, staff confirmed that if the applicant changed the existing plans to remove the highest section of the roof, referred to as the pyramid, the applicant would not need to obtain a development variance permit, as the plans would be consistent with the regulations.

Following further discussion, and staff responding to questions from Council, the application for a development variance permit was withdrawn by the applicant.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the resolution authorizing the issuance of a development variance permit for 963 Beach Drive be withdrawn.

CARRIED

RESOLUTIONS:

Development Variance Permit – 565 Oliver Street

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 565 Oliver Street (Lot 15, Block D, Section 22, Victoria District, Plan 1092) that will vary the following provisions of Bylaw No. 3540 (Parking Facilities Bylaw, 1986), with respect to the number and type of required on-site parking spaces:

Parking Facilities Bylaw Section

Required

Requested

Variance

4.7 and Schedule A, A.1.(a)

Minimum No. of Parking Spaces

2 spaces,

Incl. 1 in building

1 space

(none in

Building)

1 space

(waive the “1 space in building” requirement)

to accommodate the elimination of the pre-existing in building parking space, as shown on the plans printed for the purposes of the March 10, 2008 Council agenda and as described in Committee of the Whole agenda item #2008-62, being a memorandum from the Director of Building and Planning dated February 27, 2008.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the motion in respect of the development variance permit for 565 Oliver Street be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 1852 Hampshire Road

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 1852 Hampshire Road (Lot 11, Section 61, Victoria District, Plan 1266), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a structure:

Bylaw Section	Required	Requested	Variance

6.5.4. (2) (c) Minimum Interior Lot Line Setback	1.52 m	0.0 m	1.52 m

6.5.4. (7) Minimum Clear Space Between Buildings and Structures	3.0 m	0.51 m	2.49 m

to accommodate the constructed rose arbour, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-63, being a memorandum from the Director of Building and Planning dated February 28, 2008.