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,
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PRESENT: |
Councillor
H. Braithwaite Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert Councillor
N.B. Jensen |
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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 Municipal
Engineer, S. G. Pitt |
MINUTES
OF MEETING:
Council -
February 27, 2006
MOVED by Councillor Herbert
Seconded by Councillor Copley, That the minutes
of the Council meeting held on Monday, February 27, 2006, be adopted.
CARRIED
Committee
of the Whole - March 6, 2006
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the minutes
of the Committee of the Whole meeting held on Monday, March 6, 2006, and the
recommendations contained therein, be adopted.
CARRIED
PRESENTATION:
RECOGNITION OF RENOVATION AND BUILDING
ACHIEVEMENT AWARDS
Four property owners
were presented with, and gratefully accepted, a local artist’s original
rendering of their building. The awards
were presented to the following owners: Dennis and Audrey Madden,
COMMUNICATIONS:
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1. |
2006-78 2006-78-1 2006-78-2 2006-78-3 2006-78-4 |
GREATER GREATER THE CORPORATION OF THE DISTRICT OF SAANICH,
March 8, 2006 SHARON RUSSELL, February 17, 2006 MUNICIPAL CLERK [Undated] Re Greater |
(John Goudy, Trustee,
Glynn Jones, Controller-Treasurer, Lynne Jordan, Deputy CEO/Director of
Public Services, Susan Henderson, Manager of Marketing and
Communication, all of the Greater Victoria Public Library, in attendance for
this item.)
John Goudy reviewed the Library’s
2006 operating budget as contained in the information distributed to Council.
The information touched on such topics as library usage and the steady increase
in borrowing statistics, Greater Victoria Public Library performance, salary
increases, and the delayed opening of the Tillicum Branch and its budget
implications.
Glynn Jones responded to a question
from Council noting that the Tillicum Branch Library, once opened in 2007, will
result in an increase to the Greater Victoria Public Library budget of
approximately 10%.
It was noted that
although the average municipal share of the budget increase for Greater
Victoria Public Library member municipalities for 2006 is 4.3%,
Library representatives
responded to questions from members of Council with respect to the library
operating budget.
MOVED by Councillor
Jensen
Seconded by Councillor
Copley, That Oak Bay’s share of the 2006 operating budget for the Greater
Victoria Public Library in the amount of $694,648 be approved.
CARRIED
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2. |
2006-79 |
OAK BAY
TOURISM, March 9, 2006 Re 2005 Year End
Report and 2006 Budget and Business Plan |
Shawna
Walker, Chair, Oak Bay Tourism detailed the activities of Oak Bay Tourism over
the past year, drawing attention to the 2005 Year End Report and the 2006
Budget and Business Plan.
There was
discussion regarding the report and business plan, and Ms. Walker answered
questions from Council in this regard.
Ms.
Walker noted the contributions of past Committee members Adrian D’Silva and
Heather Wheeler and asked Council for assistance in appointing two new members
to the Oak Bay Tourism Committee to replace them.
MOVED by
Councillor Cassidy
Seconded
by Councillor Herbert, That the Oak Bay Tourism Committee’s 2006 budget and
business plan be approved.
CARRIED
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3. |
2006-80 |
HERITAGE STEERING COMMITTEE, March 3, 2006 Re Proposed Additions to |
Attention was drawn to
the ten proposed additions to the Oak Bay Community Heritage Register, and it
was noted that it is beneficial to have such detailed context describing each
property as is included in each statement of significance. In response to a suggestion to consider
having the Community Heritage Register information placed on the Oak Bay
Municipal website, it was noted that the Heritage Steering Committee is looking
into creating its own website, and that consideration will be given to
including the Community Heritage Register on any new site.
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.
2006-80:
2224 Hampshire Terrace
CARRIED
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4. |
2006-81 2006-81-1 |
MUNICIPAL CLERK, March 10, 2006 Re |
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That pursuant to the Streets and Traffic and Zoning Bylaws, permission
be given to the Oak Bay Tea Party Society for the occupancy of public land and
for the closure of public streets as shown in the sketches attached to the
memorandum from the Municipal Clerk dated March 10, 2006, for the purposes of
staging the 2006 Oak Bay Tea Party, subject to the Oak Bay Tea Party Society
undertaking the same preparations in terms of notices to the public and safety
that has been done in previous years, and subject to the Oak Bay Tea Party
Society executing an agreement saving the Municipality harmless from any
liability arising from the staging of the event, and providing evidence of
adequate liability insurance; and further that a grant of $7,000 be provided to
the Oak Bay Tea Part Society for the 2006 Oak Bay Tea Party.
The Municipal
Administrator mentioned that in addition to the Municipal grant contribution of
$7,000, there are also contributions in terms of public works expenses and
policing expenses for this annual event.
The question was then called.
CARRIED
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5. |
2006-82 |
ALS SOCIETY OF BC, March 5, 2006 Re Request to Hold Flower Day Tag Day |
It was noted that the
June 3, 2006 Tag Day request falls on the Oak Bay Tea Party weekend and
therefore, the ALS (Amyotrophic Lateral Sclerosis) Society of BC will need to
choose an alternate date, either the Saturday prior, May 27th or the
following Saturday, June 10th for its Tag Day.
MOVED by Councillor
Jensen
Seconded by Councillor
Herbert, That approval be given to the ALS Society of BC to hold a tag day on
public sidewalks in
CARRIED
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6. |
2006-83 |
February 9, 2006 Re Minutes of Meeting |
MOVED by Councillor
Braithwaite
Seconded by Councillor
Jensen, That the minutes of the Oak Bay Heritage Steering Committee held
February 9, 2006 be received.
CARRIED
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7. |
2006-84 |
PERSIAN CLUB,
March 9, 2006 Re Request for a Fire for a Community Event |
MOVED by Councillor Jensen
Seconded by Councillor
Braithwaite, That pursuant to the Fire Regulation Bylaw, permission be given to
the Persian Club to maintain up to two small fires in relation to a
not-for-profit community event, as requested by the Club in its letter dated
March 9, 2006, subject to:
CARRIED
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8. |
2006-74 2006-74-1 2006-74-2 2006-74-3 2006-74-4 2006-74-5 |
MARION CUMMING, February 22, 2006 MARGARET AND CLAUDE MAURICE, February, 23,
2006 HERITAGE JAMES MCNEILL [undated] JIM AND LORAINE LEE, February 27, 2006 ROSEMARY JAMES CROSS, February 27, 2006 Re Development Variance Permit, Proposed
Subdivision—200 and 230 King George Terrace |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Items
No. 2006-74, 2006-74-1, 2006-74-2, 2006-74-3, 2006-74-4, and 2006-74-5 be
received for information.
CARRIED
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9. |
2006-85 2006-85-1 |
MICHAEL FREY, March 6, 2006 GYE AND ASSOCIATES LTD., March 10, 2006 Re Development Variance Permit Application— |
Bruce Wilken, Designer, was pleased to inform
Council that the applicant and adjacent property owner have come to an
agreement regarding the hedge placement as recommended in the hedge assessment report
from Gye and Associates Ltd.
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That Items No.
2006-85 and 2006-85-1 be received.
CARRIED
REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
TABLED:
DEVELOPMENT
VARIANCE PERMIT—PROPOSED SUBDIVISION OF 200 AND 230 KING GEORGE TERRACE
MOVED by
Councillor Jensen
Seconded by
Councillor Cassidy, 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:
·
Lot 2, Section 46,
·
That Part of Lot A,
Block 3, Section 46, Victoria District, Plan 1087, lying to the north east of
the north easterly boundary of Plan 5008 and to the north west of the north
westerly boundary of King George Terrace as said Terrace is shown on Plan DD
9337-I (230 King George Terrace),
which
would vary the requirements of Sections 3.6.1, 3.6.3, 6.4.4(2)(b), and Schedule A of Bylaw No.
3531, Zoning Bylaw, 1986, and Sections 5 and 8(1) of Bylaw No. 3578, Subdivision and Development
Bylaw, 1987:
·
to allow the existing
residence on the proposed
·
to allow the existing
residence on the proposed
·
to allow the proposed
Lot B to be created with a minimum width of 6.8 metres, and with a general
shape different from the shape of the lots in the immediate area,
substantially
as shown on the sketch plan of the proposed subdivision prepared by Brad Cunnin
Land Surveyor, dated 2006-01-12 and attached to Committee of the Whole agenda
item #2006-33, 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:
·
preservation of existing
residence located on the proposed
·
prohibition of buildings
and structures in rear 7.62 metres of proposed
CARRIED
Marion Cumming, 151 Sunny Lane reiterated her view
that the Art Deco home at 230 King George Terrace is an important part of the
community and is worth saving and being rehabilitated. Ms. Cumming also drew attention to the book
by Donald Luxton on Art Deco and Moderne buildings and the importance of
preserving homes such as the one at 230 King George Terrace.
Councillor Jensen stated his support for the
variance and preservation of 230 King George Terrace, noting that approval
would send a message to the community regarding the importance of heritage
preservation for future generations.
With respect to 200 King George Terrace and its
preservation, Councillor Jensen said that it is not under any threat and the
owner has assured Council that it will not be demolished.
Councillor Herbert said that
if some level of protection had been offered for 200 King George Terrace he
could have reluctantly supported the motion, however, he said, as that is not the
case, he could not support it.
Councillor Copley noted her support of the
heritage preservation aspects of the application, and the appropriate use of
the tools available in this regard.
Councillor Copley noted that the application at hand provides an
opportunity to save 230 King George Terrace from the landfill.
Speaking to the motion, Councillor Braithwaite
acknowledged that 230 King George Terrace is described as a significant example
of the streamline moderne style, but noted her disappointment that no
protection for 200 King George Terrace was forthcoming from the owners.
The proposed subdivision, said Councillor
Braithwaite, would negatively impact the neighbourhood in her view and impact
the value of other properties in the area. The heritage value is important, she
said, but not to the detriment of neighbouring properties.
Councillor Carson stated he is not in support of
the motion, noting that if approved, it would have an enormous benefit to the
owner. Also, he said, this is an
opportunity to secure the preservation of both 200 and 230 King George Terrace,
but such an offer is not forthcoming from the owner.
Referring to the original application for a
heritage revitalization agreement for 230 King George Terrace considered by
Council last year,
Mayor Causton noted that while he would prefer
to see both 200 and 230 King George Terrace preserved, the motion before
Council makes good land use sense.
The question on the main motion was then called.
CARRIED
(Councillors
Braithwaite, Carson and Herbert opposed)
DEVELOPMENT
VARIANCE PERMIT—
MOVED by
Councillor Cassidy
Seconded by
Councillor Jensen, 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 J, Section
31, Victoria District, Plan 2563 (3425 Cadboro Bay Road) that will vary Bylaw
3531, Zoning Bylaw, 1986, to permit the renovation of the dwelling on the land
in accordance with the plans considered by Committee of the Whole on February
20, 2006, as follows:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.2.4.(2)(d) Minimum Side Setback |
7.62 metres |
6.1 metres |
1.52 metres |
CARRIED
The question on the main motion was then called.
CARRIED
DEVELOPMENT
VARIANCE PERMIT—
MOVED by
Councillor Cassidy
Seconded by
Councillor Jensen, 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 SW ˝ 10,
Block 19, Section 31, Victoria District, Plan 1216A (2544 Nottingham Road) that
will vary Bylaw 3531, Zoning Bylaw, 1986, to permit the construction a new
dwelling on the land in accordance with the plans considered by Committee of
the Whole on February 20, 2006 as follows:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.2.4.(10) Front |
Between 17.9 and 20.9 metres |
35.7 metres |
14.8 metres |
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
DESTRUCTION OF OBSOLETE MUNICIPAL RECORDS
MOVED by Councillor
Jensen
Seconded by Councillor
Carson, That the Municipal Clerk be authorized to destroy the obsolete
Municipal Records as listed on the attached sheets referenced as Documents
Scheduled for Destruction – March 13, 2006.
CARRIED
MILEAGE RATES
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the mileage
rates paid for the use of personal vehicles on municipal business be increased
as follows effective April 1, 2006:
Capital Regional
District
CARRIED
BYLAWS:
For Final Adoption
MOVED by Councillor
Herbert
Seconded by Councillor
Copley, That Bylaw No. 4290, Oak Bay
Official Community Plan Bylaw Amendment Bylaw No. 1, 2005, be adopted.
CARRIED
There was a consensus to vary the agenda.
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That Bylaw No. 4304, Building
and Plumbing Bylaw Amendment Bylaw No. 1, 2006, be adopted.
CARRIED
For First, Second and Third Reading
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That Bylaw No. 4307, Elected
Official Travel Expense Bylaw Amendment Bylaw, 2006, be introduced and read
for a first time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That Bylaw No. 4307, Elected
Official Travel Expense Bylaw Amendment Bylaw, 2006, be read for a second
time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That Bylaw No. 4307, Elected
Official Travel Expense Bylaw Amendment Bylaw, 2006, be read for a third
time.
CARRIED
For First and second Reading and Setting of a
Public Hearing date
Councillor Cassidy declared a conflict noting that he is a third party consultant to School
District No. 61, and would be unable to discuss or vote on the matter. He left the meeting at 8:57 p.m.
MOVED by Councillor
Herbert
Seconded by Councillor
Copley, That Bylaw No. 4305, Sixty-Eighth
Zoning Bylaw Amendment Bylaw, 2006, be introduced and read for a first
time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Copley, That Bylaw No. 4305, Sixty-Eighth
Zoning Bylaw Amendment Bylaw, 2006, be read for a second time.
CARRIED
MOVED by Councillor
Jenson
Seconded by Councillor
Herbert, That a public hearing on Bylaw No. 4305 be held at the Oak Bay
Municipal Hall on April 10, 2006 at 7:30 p.m., and that notice be given in
accordance with the Local Government Act.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That Bylaw No. 4306, Parking
Facilities Bylaw Amendment Bylaw No. 1, 2006, be introduced and read for a
first time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That Bylaw No. 4306, Parking
Facilities Bylaw Amendment Bylaw No. 1, 2006, be read for a second time.
CARRIED
For Final Adoption
Councillor Carson
indicated he would be unable to participate in discussion or vote on the matter
inasmuch as his law firm represents the applicants and he is a member of the
Uplands Golf Club. He left the meeting
at 8:58 p.m.
MOVED by Councillor
Jensen
Seconded by Councillor
Herbert, That Bylaw No. 4291, Sixty-Fifth
Zoning Bylaw Amendment Bylaw, 2005, be adopted.
CARRIED
ADJOURNMENT:
MOVED by Councillor
Jensen
Seconded by Councillor
Braithwaite, That the open portion of the meeting of Council be adjourned and
that a closed session be convened to labour relations or employee negotiations,
litigation or potential litigation affecting the Municipality, and the
acquisition, disposition or expropriation of land or improvements if the
Council considers that disclosure might reasonably be expected to harm the
interests of the Municipality.
CARRIED
The meeting adjourned at 9:00 p.m.
Certified Correct
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Municipal
Clerk |
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