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 26, 2007 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. Hebert
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. 

PRESENTATIONS:

Introduction of New Police Department Members

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

The Chief Constable introduced Cst. Angus Wagnell as a new, returning member to the Oak Bay Police Department, saying Cst. Wagnell had most recently been working with the Saanich Police Department. Chief Andersen offered a brief synopsis of Cst. Wagnell’s career and welcomed him back to Oak Bay.

The Deputy Chief Constable introduced Cst. Sean Hickey as a new member of the Police Department. Deputy Chief Gaudet gave a brief overview of Cst. Hickey’s work in Calgary, Alberta and welcomed him to the Oak Bay Police Department.

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

Both Cst. Wagnell and Cst. Hickey said a few words regarding their new positions and previous experiences.

Recognition of Renovation and Building Achievement Awards

Mayor Causton provided an overview of the Recognition of Renovation and Building Achievement Awards Program, saying that when it was established in 2004 Council envisaged the awards would recognize outstanding renovation achievements in Oak Bay.

Four property owners, or their representatives, were presented with and gratefully accepted, a local artist’s original rendering of their building. The awards were presented to the following owners; Gordon and Marla Sloan, 2092 Marne Street, David and Alexandra O’Brien, 3030 Beach Drive, Charles and Norma Young, 2570 Esplanade, and Gunter Heinric, 2272 Oak Bay Avenue.

Mayor Causton thanked all the recipients and artists for their participation and thanked the Panel for all its work in reviewing the nominated projects and choosing the four recipients.

The owners and representatives in attendance noted their appreciation for being recipients of the awards.

MINUTES OF MEETINGS:

Council – March 12, 2007

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the minutes of the Council meeting held on Monday, March 12, 2007, be adopted.

CARRIED

Referring to Council’s request that the Amyotrophic Sclerosis Society choose an alternate weekend to the Tea Party weekend to hold its annual National Flower Day, it was the consensus of Council to reconsider this and allow the Society to hold its tag day the first Saturday in June (June 2nd), as has been permitted in the past.

Committee of the Whole – March 19, 2007

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday, March 19, 2007, and the recommendations contained therein, with the exception of the recommendation related to correspondence item no. 2007-90 and 2007-90-1, being a Boulevard Encroachment request for 959 Island Road, be adopted.

CARRIED

It was noted that a Parks Department report regarding a boulevard tree adjacent to 959 Island Road appeared later on the agenda.

Estimates Committee – March 22, 2007

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Estimates Committee meeting held on Thursday, March 22, 2007, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

1.

2007-95

CAPITAL REGIONAL DISTRICT, January 23, 2007 Re 2007-2016 Capital Plan for the Capital Regional Hospital District

(Jeremy Tate, Senior Manager, Health Facilities Planning Division, and Robert Lapham, General Manager, Planning & Protective Services Department Capital Regional District, in attendance for this item).

Jeremy Tate provided Council with an overview of the 2007 to 2016 Capital Plan for the Capital Regional Hospital District. Mr. Tate drew attention to the major projects dominating the Plan such as the Royal Jubilee Hospital in-patient facility project and the Victoria General Hospital emergency department projects. The Plan, he said, also calls for minor capital projects that would include refurbishing existing facilities, replacing components and improving functionality.

Assuming the projects occur as scheduled, the financial impact on the average assessed residential property will be an increase from $99.29 in 2007 to $239.54 at the Plan’s peak in 2017, he said.

Additionally, Mr. Tate commented that the Plan has been conservative in its estimates of projected health facility capital requirements and that it is difficult to forecast additional projects that may surface, along with construction cost inflation. He also noted that it is unknown if the minor capital project funding is adequate, and that there is no funding allocation for residential care replacement projects.

Mr. Tate noted that the purpose of providing the ten year plan was for Municipal Council’s information and he answered questions from Council with respect to the Plan.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That correspondence item no. 2007-95 be received.

CARRIED

2.

2007-96

ART GALLERY OF GREATER VICTORIA, March 5, 2007 Re Grant Request

(Shirley Madill, Director and Chief Executive Officer, Art Gallery of Greater Victoria and Steve McKerrell, Chair of the Greater Victoria Art Gallery Foundation, were in attendance for this item).

Shirley Madill spoke to the power point presentation attached to correspondence item no. 2007-96 which explained that the Art Gallery of Greater Victoria has outgrown its existing Moss Street location and is actively pursuing, in partnership with West Bank Developers, a new downtown site where the Crystal Court Motel, 701 Belleville Street, is currently located.

The proposed Art Gallery would include expanded exhibition space, a gift shop, a café, a sculpture garden, and a community gallery space. Ms. Madill confirmed that the present Moss Street location would be retained.

With the anticipated development, the Art Gallery of Greater Victoria would be more accessible and would increase its size. Ms. Madill commented that a larger facility would allow collections that have been stored in the vault to be displayed permanently, as well, increased attendance revenue would be expected. Overall a new expanded Art Gallery would be a tremendous benefit to the region, she said.

Ms. Madill said the total proposed project cost is currently estimated to be $14 million and that the Art Gallery is seeking funding from the federal and provincial governments, the private sector, and the four core municipalities, with a request for the District of Oak Bay to contribute $196,000 over a three year period.

In response to a Council member’s concern that the Art Gallery has not included all 13 municipalities in the Capital Regional District in its request for funding, Ms. Madill said the Art Gallery will consider expanding its request to other municipalities.

Ms. Madill answered questions from Council regarding the attached notes to the financial statements, as well as regarding the proposed project in general, and it was noted that no approvals have been secured by the developer with whom the Art Gallery intends to partner.

It was the view of Council that as the Art Gallery development was still in the preliminary stages with more information to be obtained, it would be difficult for Council to consider providing funding at this point. It was further acknowledged that the request for funding was received quite late, and an earlier request for funding of the magnitude required by the Art Gallery would be desirable.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That correspondence item no. 2007-96 be received.

CARRIED

3.

2007-97 2007-97-1

OAK BAY TEA PARTY SOCIETY, March 7, 2007 MUNICIPAL CLERK, March 8, 2007 Re Oak Bay Tea Party Grant /Occupancy of Public Property Request

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 8, 2007, for the purposes of staging the 2007 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.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a grant of $7,000 be provided to the Oak Bay Tea Party Society for the 2007 Oak Bay Tea Party.

CARRIED

4.

2007-98

BIKE TO WORK VICTORIA, March 14, 2007 Re Grant Request/Occupancy of Public Property Request

Chris Foord, Bike to Work Victoria, addressed Council saying that this is the 12^th successful year for the Bike to Work event and participation continues to grow. This year, said Mr. Foord, the organizers would like to request permission to set up a ‘celebration station’ in the afternoon on May 31, 2007 on the Oak Bay Municipal Hall front lawn to support cyclists traveling along the Oak Bay corridor, with a corresponding grant request of $1,500 to help offset costs of a celebration station.

Mr. Foord responded to various questions from Council regarding the event.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That a grant of $750 be provided to Bike to Work Victoria for 2007, with the remainder of the funding request being referred to Estimates Committee, 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 on Wednesday, May 31, 2007, subject to the execution of a letter of undertaking setting out the terms and conditions under which the occupancy is permitted, and providing evidence of insurability in this regard, and assuming all responsibility for any and all extraordinary costs incurred by the Municipality in connection with the event.

CARRIED

There was a consensus to amend the order of the agenda.

5.

2007-100

OAK BAY TOURISM COMMITTEE, March 21, 2007 Re 2006 Year End Report and 2007 Budget and Business Plan

Shawna Walker, Chair and Michael Prescott, Oak Bay Tourism Committee were in attendance to provide a brief overview of the activities of the Oak Bay Tourism Committee over the past year. Ms. Walker drew attention to the reduced funding for 2007 due to the closure of the Oak Bay Beach Hotel, saying the Committee has taken steps to prioritize its budget to offset the loss of funding.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Oak Bay Tourism Committee’s 2007 budget and business plan be approved.

CARRIED

6.

2007-99 2007-99-1

APRIL HAUSSMANN, ET AL, March 12, 2007 APRIL HAUSSMANN, March 22, 2007 Re Request for Zoning Bylaw Amendments – Lansdowne Slope

As requested by Council, the Director of Building and Planning explained the various development controls contained in the Zoning Bylaw, such as site coverage, maximum heights, minimum setbacks and floor area ratio.

Mr. Beattie went on to say that a Floor Area Ratio Review Committee was formed by Council to review the issues related to under height basements that are unusable under the current BC Building Code but are counted as floor area in the current Zoning Bylaw, potentially leading to undesirable demolitions as owners may not wish to incur the expense of either raising the existing house or excavating to create a basement with an approved height as per the BC Building Code.

Mr. Beattie drew attention to the fact that Oak Bay is unique in that it has a wide range of lot sizes and topography matters to consider with respect to new buildings and renovations, complicating the issue of floor area further. The floor area regulations currently under review, he said, may help with concerns regarding development in the Lansdowne slope area as they would provide for a maximum permitted floor area and remove the floor area ratio regulations. Any request for additional floor area would have to be made through the development variance permit process, which is a public process addressed at meetings of Council and its Committee of the Whole.

The Municipal Administrator further explained that based on input from the Floor Area Ratio Review Committee and the public, a proposal for amendments to the floor area regulations of Zoning Bylaw was considered by Council and a public hearing was held. It was then requested that input on the issues raised at the public hearing be sought from the Heritage Advisory Committee. The Floor Area Ratio Review Committee was reconstituted to take another look at the issues and to hold a public meeting to obtain further public input in that regard, with such meeting scheduled for April 24^th.

Attention was drawn to a large house recently built at the corner of Henderson Road and Middowne Road that, due to being built on a slope, has three stories where the basement is above ground on one side. This house, it was noted, led to concerns regarding the size and height of homes in the Lansdowne slope area, where many residents feel that such buildings threaten the character of the neighbourhood.

April Haussmann, 3023 Westdowne Road, said she has lived in the Lansdowne slope area for ten years and felt concerned when the house at Middowne Road and Henderson Road was being built and was shocked to learn that it conformed to Oak Bay’s regulations and bylaws. With this house being built, she said, it may create a domino effect and change the character of the Lansdowne slope if buildings of this size are allowed to continue. The strong support of the residents shown in the petition should indicate to Council how important it is that the integrity of the area be preserved by methods of controlling the height and size of houses, she said, and also that residents want to be involved in the discussions around regulations that would possibly see a customized Bylaw or covenant protecting the Lansdowne slope area.

Don Bailey, 3034 Henderson Road, noted that 100% of the residents he approached embraced the petition and expressed concern for the future redevelopment of the area. Mr. Bailey urged Council to consider special zoning for the area due to lot sizes and topography and to consult the residents who live there in that regard.

Mr. Bailey suggested a moratorium be put in place until the issue can be dealt with so no more tear downs and rebuilds can happen in the interim.

Jane van Hoorn, 2965 Oakdowne Road, stated that she has a ‘monster house’ near her house and it has eliminated her view. She said that the historical scheme of the area was to preserve the slope for views and that there was a covenant in place that expired 25 years ago. Ms. van Hoorn said the size of a renovation should be limited and that a covenant such as that which previously existed should be reinstated. Ms. Van Hoorn drew attention to the City of Victoria‘s Gonzales neighbourhood plan, suggesting that a similar process should be undertaken with respect to the Lansdowne slope.

Peter Chapman, 3010 Westdowne Road, said if the neighbours had seen a picture of the house at Middowne Road and Henderson Road no one would have approved. He said he can not believe the design was approved and the house was built as it does not fit in with the area.

Tom Rimmer, 3016 Henderson Road, said he lives next door to the large house under discussion which has now blocked his view. He said a house of this size should not have been allowed.

Tom Bates, 3080 Oakdowne Road, recalled that he was at a meeting of Council in May 2001 where Council was considering special regulations for development in the Lansdowne slope area. He noted his view that design approval regulations should be implemented, although it was pointed out by a member of Council that outside of the Uplands, Council does not have the authority to control design. Mr. Bates went on to say that larger buildings affect views and sun exposure to neighbours.

There was discussion regarding the points raised by members of the public, and staff answered questions from Council in this regard.

There was discussion regarding the possible preparation of a bylaw to implement specific building size parameters and controls for the Lansdowne slope area, although it was noted that the Bylaw currently under review and sitting at second reading, arising out of a recommendation from the Floor Area Ratio Review Committee, was not at cross purposes with the issues raised by residents in the Lansdowne slope area.

It was the consensus of Council that it should wait for a final report from the Committee after the public meeting has been held before investigating regulatory alternatives beyond those set out in the Bylaw noted previously.

In the meantime, it was the view of Council that further information should be requested from staff with respect to various issues that had arisen during the discussion.  Specifically, information regarding the implementation of a special zone for the Lansdowne slope area, the possibility of the creation of a Heritage Conservation Area to address the concerns of residents, and background information on the previously mentioned design control covenant for the area that was in place many years before through the subdivision of the land by the Hudson’s Bay Company.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That correspondence item no. 2007-99 be received and that staff be requested to provide additional information with respect to Council’s options for addressing the development control issues raised by Lansdowne slope area residents.

CARRIED

7.

2007-101

OAK BAY PARKS DEPARTMENT, March 23, 2007 Re Boulevard Encroachment Application – 959 Island Road

It was noted that a discussion on the recommendation from Committee of the Whole regarding the boulevard encroachment application for 959 Island Road was deferred in anticipation of a staff report on the Municipal tree situated on the boulevard, and the possible effect of the encroachment on the tree.

Members of Council indicated that they would support the recommendation that a geotextile fabric be laid under the gravel should a boulevard encroachment be approved, however, it was felt that a more complete application should be presented by the owner prior to making a decision on the requested encroachment.

It was noted that the boulevard at 959 Island Road is not out of character from the existing streetscape along Island Road however, there were varying views at to whether the streetscape was acceptable or not with respect to the state of the boulevards in the area.

There was further discussion regarding the application and there was consensus to request that the applicant submit a detailed plan for the boulevard encroachment for consideration at the next meeting of Council.

Ms. White asked for clarification regarding boulevard reinstatement and maintenance responsibility. Regarding boulevard maintenance, it was explained that unless a property owner pays taxes for this purpose, the Municipality does not carry out such work and that it falls to the adjoining owner. As for reinstatement following construction, a homeowner is responsible for restoring a boulevard to an acceptable standard and a deposit is paid in advance to the Municipality to ensure the work is done.

Council members agreed that should a boulevard encroachment be approved it would state that there would be no exclusive use of the gravelled parking area in question as is the case with all such agreements.

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That correspondence item no. 2007-101 be received.

CARRIED

8.

2007-81 2007-81-1 2007-81-2 2007-81-3 2007-81-4 2007-102 2007-102-1 2007-102-2

JANET CRAIG, February 23, 2007 EDNA AND DAVID AULD, March 1, 2007 R. AND A. BATTERSBY, March 7, 2007 JOHN AND PATRICIA BURGESS, March 11, 2007 NICK JUDSON, March 12, 2007 T. S. MANOR, March 19, 2007 KEITH CHARSLEY, March 21, 2007 VALERIE IRVINE AND RYAN RHODES, March 23, 2007 Re Development Variance Permit – 2183 Lafayette Street

It was the consensus of Council to send the application to the Advisory Design Panel for review prior to considering authorization of the development variance permit.

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That the development variance permit application be referred to the Advisory Design Panel for comment.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Proposed Additional Parking – 1531 Hampshire Road

Councillor Herbert drew attention to the municipally owned property at 1531 Hampshire Road, saying that due to its close proximity to the Oak Bay Village, it would offer an ideal location for additional parking in the area and was originally purchased with such a plan in mind by the Council of the day.

It was agreed that with the current Engineering Department’s workload that staff be requested to bring forward a report in three months time.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That staff be requested to prepare a report with respect to creating a parking area at 1531 Hampshire Road, to be brought forward to a future Committee of the Whole meeting for review.

CARRIED

TABLED:

Development Variance Permit – 2183 Lafayette Street

As previously discussed, it was the view of Council that the plans for the new single family dwelling at 2183 Lafayette Street should be referred to the Advisory Design Panel for review prior to consideration of the resolution to authorize the development variance permit.

Development Variance Permit – 925 Foul Bay 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 with respect to Lot A of the proposed bare land strata subdivision of 925 Foul Bay Road (Lot 1, Sections 23 and 68, Victoria District, Plan VIP82679), which would vary the requirements of Bylaw No. 3531, Zoning Bylaw, 1986, as follows:

Bylaw Section	Required	Requested	Variance
6.4.4.(2).(b) Minimum Rear Lot Line Setback	7.62 metres	6.59 metres	1.03 metres

substantially as shown on the sketch plan appended to Committee of the Whole agenda item #2007-72, being a memorandum from the Director of Building and Planning dated February 27, 2007, upon the applicant satisfying all conditions of preliminary approval set out by the Approving Officer, and registration of the subdivision plan.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 2363 Pacific Avenue

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 with respect to 2363 Pacific Avenue (LOT 12, BLOCK 2, SECTION 61, VICTORIA DISTRICT, PLAN 379), that will vary the Parking Facilities Bylaw, 1986 in Section A.1.(a) to Schedule A to reduce the number of required parking spaces from two to one and in Section 4.7 to relax the requirement that one-half (1/2) of the required parking spaces for a one-family residential use dwelling be contained within a building.

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Development Variance Permit Application Re Proposed Subdivision – 2157/2159 Cubbon Drive

MOVED by Councillor Herbert

Seconded by Councillor Carson, That the Director of Building and Planning be authorized to issue a development variance permit with respect the proposed bare land strata subdivision of 2157/2159 Cubbon Drive (Amended Lot 8 (DD 231956I), Section 69, Victoria District, Plan 8662 Except Part in Plan 13719), which would vary the requirements of Sections 3.6.1., 3.6.3., 6.5.4.(2)(c), 6.5.4.(11), 4.15.1, and Schedule A of Bylaw No. 3531, Zoning Bylaw, 1986, and Sections 6 and 8(1) of Bylaw No. 3578 Subdivision and Development Bylaw, 1987 :

• to allow the proposed Lot A to have a frontage of 8.96 metres (15.25 metres required);
• to allow the proposed Lot B to have a lot frontage of 8.96 metres (20.07 metres required);
• to allow the existing residence on the proposed Lot B to have an interior side lot line setback of 0.95 metres for the main floor and second storey (1.52 metres required for main floor and 3.0 metres required for second storey) ;
• to allow the proposed Lot A and Lot B to be created with a general shape different from the shape of the lots in the immediate area; and
• to allow a paved surface to cover 92% of the front yard of proposed Lot B (25% permitted),

substantially as shown on the sketch plan appended to Committee of the Whole agenda item #2007-87, being a memorandum from the Director of Building and Planning dated March 13, 2007, 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.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the resolution in respect to the Development Variance Permit in relation to the proposed subdivision of 2157/2159 Cubbon Drive be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Attendance at the 2007 Capital Regional District Affordable Housing Forum

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Council approve the payment of expenses for Mayor Causton to attend the 2007 Capital Regional District Affordable Housing Forum in Victoria, BC, on March 29, 2007, at a cost of $65.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4347

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4347, Short Term Capital Borrowing Bylaw, 2007, be adopted.

CARRIED

Bylaw No. 4351

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4351, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2007, be adopted.

CARRIED

For First, Second and Third Reading

Bylaw No. 4352

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4352, Rubbish and Weed Control Bylaw Amendment Bylaw, 2007, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4352, Rubbish and Weed Control Bylaw Amendment Bylaw, 2007, be read a second time.

CARRIED

MOVED by Council