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 Director of Engineering Services, D. |
MINUTES:
Council –
April 28, 2008
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the minutes of the Council meeting held on Monday, April 28, 2008, be adopted.
CARRIED
Committee of the Whole – May 5, 2008
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert,
That the minutes of the Committee of the Whole meeting held on Monday, May 5, 2008,
and the recommendations contained therein, be adopted, with the exception of the
following recommendation:
“That
it be recommended to Council that an encroachment for the existing parking pad
on the Earn Street and Island Road boulevards adjacent to 630 Island Road be
denied, and further, that the owners of 630 Island Road be required to remove
the parking pad on Island Road and that they be advised that the District of
Oak Bay reserves the right to remove the asphalt parking pad on Earn Street.”
Anti-Idling Bylaw
It was the consensus of Council to delay the drafting
of an anti-idling bylaw and wait to see what unfolds at the regional level.
The question was then called.
CARRIED
Boulevard Encroachment Application
–
At the last meeting of Committee of the Whole, it was
noted that as the full
Committee was not in attendance, there would be an opportunity for Council to
further discuss the recommendation to deny permission for the two parking pads
when adoption of the minutes was considered.
Councillor Braithwaite provided a brief
overview of what transpired at the last meeting, reiterating that there were varying
views expressed by members of the Committee with respect to the use of public
property for the two parking pads situated on the boulevard adjacent to 630
Island Road, with one being on Earn Street.
While there was some concern expressed regarding
the parking pads appearing to take over public property for private use, the
majority view of Council was that the parking pad constructed on
The question on the recommendation to deny
permission for an encroachment was then called.
DEFEATED
(
Cassidy, Copley,
and Herbert against the motion)
Discussion turned to the asphalt pad off of
MOVED by Councillor Carson
Seconded by Councillor Herbert, That permission be
granted for an encroachment onto the
CARRIED
(Councillor Jensen against the motion)
COMMUNICATIONS:
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1. |
2008-132 |
GREATER Re Greater Victoria Public Library Revised Operating Agreement |
Don Hamilton, Trustee, Greater Victoria Public Library
Board, was in attendance and
answered various questions raised by members of Council with respect to the Revised
Library Operating Agreement.
Following lengthy discussion, a few items emerged that
Council felt warranted further consideration at the Library Board level.
In particular, attention was drawn to the operating budget
approval process, about which Council has expressed its views in the past, and it
was noted that the Sub-Committee recommended no change to the current approval
formula. The marginalizing effect of the
current formula for smaller municipalities was identified as a major issue and
Council once again urged the use of an alternative model such as a two-tier
system, whereby the approval of at least a majority of the member councils
would be required for budget increases in excess of a specified threshold.
Concerns were also raised regarding the proposed
composition of the Board in the context of the requirements of the Library Act,
and it was felt that further investigation should be undertaken in this regard
to ensure that the revised Agreement is in keeping with those
requirements. In particular, Council noted the representation proposed
for the City of
Council also felt that the wording of the portions of
the Agreement dealing with the composition of the Board should not leave any
room for argument about the appointment of elected officials as opposed to
citizen representatives. With the
revised Agreement retaining the existing clause requiring that appointments “be
as provided in the Library Act, Part 2,” it was noted that a case could be made
that the one Board member appointed by each municipality other than Victoria or
Saanich must be from the municipal council in each case. If this is the intent, it was the view of
Council that it might be more usefully spelled out in the document itself. Similarly, it was noted that for Victoria and
Saanich, it would be worthwhile for the Agreement to confirm that only one
Board member appointed by each of these municipalities may be from the elected
level.
With respect to the Central Library, Council pointed
out what is seemingly a gap in the Agreement, and noted that it does not
address the decision making process for any change to the Central Library, and it
was suggested that perhaps that process should be set out in the Agreement as
well.
MOVED by Councillor Braithwaite
Seconded
by Councillor Jensen, That correspondence item no. 2008-132 be received.
CARRIED
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2. |
2008-133 |
ADR EDUCATION, April 28, 2008 Re Facilitation Process – Regional Growth Strategy Amendment Bylaw No.
3443 |
As the representatives of the District of Oak
Bay,
MOVED by Councillor Braithwaite
Seconded
by Councillor Jensen, That correspondence item no. 2008-133 be received.
CARRIED
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3. |
2008-134 |
RICK HANSEN WHEELS IN MOTION, [Undated] Re Revised Request to Occupy Public Property for Fund Raising Event –
June 8, 2008 |
It was noted that following approval of a
request to occupy public property in association with the Rick Hansen Wheels in
Motion Event at the February 25, 2008 Council meeting, the event organizer is
asking for a revision to its original permission to allow occupancy of the
grassed boulevard adjacent to 2218 to 2276 Beach Drive to be used for the
erection of display tents.
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
the revised request to occupy public property in relation to the Rick Hansen
Wheels in Motion event, as detailed in correspondence item no. 2008-134, be
approved, subject to all the requirements noted in the original approval given
on February 25, 2008.
Laurene Clark, of the Rick Hansen Wheels in Motion event was in
attendance and confirmed that equipment such as tents and bleachers would be
delivered to the site the Thursday evening before the event and all the
equipment would be removed on the Monday following the event.
The question was then called.
CARRIED
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4. |
2008-135 |
LINDA CAMPBELL, May 7, 2008 Re Development Variance Permit – |
Attention was drawn to the concerns raised in Ms.
Campbell’s letter with respect to the safety of the intersection at
Responding to questions from Council the Director of
Engineering Services noted that there does appear to be some impingement on
sightlines in relation to the proposed arbor, but also noted that the plans to reduce
two driveways to one is an improvement with respect to intersection safety.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence item no. 2008-135 be
received.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Commercial Activity on Public
Property –
Councillor Jensen advised that he and
Councillor Copley recently met with the owners of City Harvest, an urban
agriculture business that uses participating residential properties to grow
organic produce, to discuss potential options for distribution of the locally
grown produce.
With the ever increasing climate change
concerns, Councillor Jensen felt that an amendment to the Zoning Bylaw to facilitate
the distribution of local produce on private property zoned for retail sales
use should be explored, noting that at present the Bylaw does not permit sales
outside a building.
Councillor Copley noted that an item would
be forthcoming to the Oak Bay Parks and Recreation Commission at its May 14,
2008 meeting requesting that consideration be given to allowing a small ‘farmers’
market pilot project’ to be set up at the Oak Bay Recreation Centre, suggesting
such an endeavour could be workable in that location.
Responding to questions, the Municipal
Administrator confirmed that the Recreation Centre zoning would allow sales of
produce already, but only inside the building, however it should be noted that
the Municipality is prohibited from granting assistance to a business, and
could not offer space for the market free of charge. Mr. Cochrane further confirmed that there is
already a mechanism in place to allow sales on public streets adjacent to
business areas.
Following further discussion, it was agreed
that Council would wait to see how the request is received at the upcoming
Parks and Recreation Commission Meeting.
Demolition
/ Deconstruction Application Requests
Councillor Cassidy expressed his concern about
the number of homes, particularly older homes that are not necessarily
designated as heritage, but of significant value aesthetically and
characteristically to a neighbourhood, being slated for demolition or
deconstruction.
Councillor Cassidy said he would like to
see further discussion come forward to explore ways to encourage restoration or
renovation of older homes rather than homeowners demolishing and rebuilding
homes, such as introducing tax or other incentives to entice homeowners to
reconsider their decision to tear down a house.
There was further discussion on the points
raised, and it was noted that such a program would be quite complicated. However, it was suggested that Councillor
Cassidy discuss the proposal
further with
TABLED:
Development Variance Permit –
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 218 Beach
Drive (Lot 5, Section 22, Victoria District, Plan 5604) that will vary the
following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:
|
Bylaw Section |
Required |
Requested |
Variance |
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4.15.1 Maximum Area of
Paved Surfacing |
25% (47.5 sq m) |
35% (66.3 sq m) |
10% (18.8 sq m) |
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6.4.4. (2) (a) Minimum Front |
7.62 m |
2.44 m |
5.18 m |
to accommodate a paved turnaround area in the front
yard and the construction of an arbour, as shown on the plans attached to
Committee of the Whole agenda item #2008-117, being a memorandum from the
Director of Building and Planning dated April 16, 2008.
CARRIED
With the question of traffic sightlines being impeded
by the proposed arbour, as noted earlier, the Municipal Administrator responded
to questions from Council noting that if the variance requested was to be
reduced to accommodate any issues in this regard the resolution could be
re-tabled to allow further discussion between staff and the applicant.
In response, Dale Dziwenka, Waterform Design Inc.,
in attendance on behalf of the applicant, agreed it is a busy intersection and that
he would be available to meet with Municipal staff to assess the proposed location
of the arbour and the potential effect it may have with respect to sightlines
at this corner property.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the motion in
respect of the development variance permit for
It was agreed that the Engineering staff would look
further into the issues raised regarding the intersection and proposed arbour
and report back to Council.
The question was then called.
CARRIED
RESOLUTIONS:
Development Variance Permit –
MOVED by Councillor Herbert
Seconded by Councillor Copley, That the Director of
Building and Planning be authorized to issue a Development Variance Permit with
respect to 766 Oliver Street (Lot 21, Section 22, Victoria District, Plan 1092)
that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:
|
Bylaw Section |
Required |
Requested |
Variance |
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6.5.4. (6) (a) Gross Floor Area |
360 sq m |
444 sq m |
84 sq m |
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6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade |
240 sq m |
444 sq m |
204 sq m |
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6.5.4. (3) (b) Maximum Occupiable Height |
4.27 m |
4.75 m |
0.48 m |
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6.5.4.(3) (a) |
6.83 m |
6.90 m |
0.07 m |
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6.5.4. (2) (c) Interior Side lot Line Setback |
1.52 m |
1.3 m |
0.22 m |
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6.5.4. (2) (e) Total Side lot Line Setback |
4.57 m |
4.42 m |
0.15 m |
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6.5.4. (11) Second Storey Interior Side lot Line Setback |
3.0 m |
2.44 m |
0.56 m |
to accommodate a main floor and new second storey
addition to the single family dwelling, as shown on the plans attached to
Committee of the Whole agenda item #2008-131, being a memorandum from the
Director of Building and Planning dated April 18, 2008.
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the motion in
respect of the development variance permit for
CARRIED
BYLAWS:
For Adoption
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That Bylaw No. 4405, Financial Plan Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4406, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2008,
be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That Bylaw No. 4407, Fire Machinery and Equipment Depreciation
Reserve Fund Appropriation Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That Bylaw No. 4408, Heritage Reserve Fund Appropriation Bylaw,
2008, be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That Bylaw No. 4409, Land
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley, That Bylaw No. 4410, Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw,
2008, be adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, That Bylaw No. 4411, Refuse Collection and Disposal Bylaw Amendment Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4412, Tax Rates Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Braithwaite,
That Bylaw No. 4413, Parking Facilities Bylaw Amendment Bylaw No.
1, 2008, be adopted.
CARRIED
(Councillor Herbert against
the motion)
For First, Second, and Third Reading
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That Bylaw No. 4414,
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That Bylaw No. 4414,
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That Bylaw No. 4414,
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 personal information about an identifiable individual who is being
considered for a position as an officer of the Municipality.
CARRIED
The meeting adjourned at 9:46 p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
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________________________________ Mayor |