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. Hebert Councillor N. B. Jensen |
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STAFF: |
Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Confidential Secretary, K.
Green Municipal Treasurer, P. A. Walker Director of Engineering Services, D. |
INTRODUCTION OF THE FIRE CHIEF:
Mayor Causton introduced Gerry Adam as
Fire Chief Adam expressed his appreciation
for the opportunity to serve the community and complimented the Fire Department
on its continued excellent service and dedication to the community as a whole.
MINUTES OF
MEETINGS:
Council –
April 23,
2007
MOVED by
Councillor Herbert
Seconded by Councillor
Copley, That the minutes of the Council meeting held on Monday, April 23, 2007,
be adopted.
CARRIED
Special Council
– May 7, 2007
MOVED
by Councillor Herbert
Seconded
by Councillor Cassidy, That the minutes of the meeting of Special Council meeting
held on Monday May 7, 2007, be adopted.
CARRIED
Committee of the Whole – May 7, 2007
MOVED by
Councillor Jensen
Seconded by
Councillor Herbert, That the minutes of the Committee of the Whole meeting held
on Monday, May 7, 2007, and the recommendations contained therein, be
adopted.
A member of
Council commented that the Friends of Bowker Creek Society mentioned its
concern regarding clearing along Bowker Creek and she suggested that, where
possible, interested parties be apprised of work being carried out by Municipal
staff along the creek.
The question
was then called.
CARRIED
COMMUNICATIONS:
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1. |
2007-148 |
KRIS DARTNELL,
April 26, 2007 Re Request for
Street Closure for Block Party on |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
permission be given for the closure of
CARRIED
|
2. |
2007-149 |
ANNA ROCHFORT,
April 28, 2007 Re Request for Street
Closure for Block Party on |
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That
permission be given for the closure of
CARRIED
|
3. |
2007-150 2007-150-1 |
COOK ROBERTS
LAWYERS, May 8, 2007 MUNICIPAL ADMINISTRATOR,
May 9, 2007 Re Tree Height
Dispute – |
The Municipal Administrator advised Council
that he spoke earlier to the lawyer representing the owners of
Referring to his memorandum, Mr. Cochrane
provided a brief history of the development of the Screens and Fences Bylaw,
noting that there were terms included in the Bylaw that were not actually used
in the regulatory sections of the Bylaw because it was anticipated screenings
for parking areas would be addressed in a forthcoming Bylaw relating to parking
facilities. The Parking Facilities
Bylaw was adopted shortly after the Screens and Fences Bylaw, Mr. Cochrane
explained, and the intent behind the inclusion of the landscape screening
definitions in that bylaw was not to control the height of landscaping, but to
facilitate a requirement for the planting of landscape screens to separate
different types of uses, i.e. outdoor storage, commercial/industrial, or waste
disposal for instance.
Responding to questions from Council, Mr.
Cochrane said that in his opinion the current Screens and Fences Bylaw does not
regulate the height of plantings, therefore there are no enforcement issues. However, as pointed out by the letter from
Cook Roberts Lawyers, Council would have the authority to regulate the height
of hedges in the Uplands through an amendment to the Uplands Regulations Bylaw.
It was noted that Council does not exercise that authority at present,
and that it would cause a tremendous enforcement challenge to regulate hedge
height effectively.
Following discussion, members of Council
conveyed that there was no desire to enter into a regulatory or enforcement
role regarding hedge height on private property.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That correspondence
items no. 2007-150 and 2007-150-1 be received.
CARRIED
|
4. |
2007-151 |
ASSOCIATION OF Re 2007
Membership Dues |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
payment of the 2007 Association of Vancouver Island and Coastal Communities
membership dues in the amount of $1,625.31 be approved.
CARRIED
|
5. |
2007-152 2007-152-1 |
Re Minutes of
Meeting |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
the minutes of the Oak Bay Heritage Steering Committee meeting held on March 8,
2007 be received.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That the
minutes of the Oak Bay Heritage Steering Committee meeting held on April 12,
2007 be received.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That
permission be given to erect a marker on the boulevard adjacent to
It was noted that the Police Department may
be required to control traffic and/or close a portion of the road in relation
to the unveiling ceremony to be held June 11, 2007.
The question was then called.
CARRIED
|
6. |
2007-153 |
MUNICIPAL
ADMINISTRATOR Re Withholding
of Permits in Conflict with Bylaw Under Preparation |
The Municipal Administrator acknowledged that Council
currently has a Bylaw under preparation regarding floor area ratio, which would
limit the developable space for RS-4 and RS-5 zones below what is currently
allowed in many cases.
Mr. Cochrane explained that the Director of Building
and Planning is preparing a report from the Floor Area Ratio Committee to bring
forward to Committee of the Whole at its next meeting. The report is
meant to apprise Council of recommended changes to the Bylaw from the Floor
Area Ratio Review Committee following its public meeting held April 24th.
Mr. Cochrane said that should the recommendations be accepted or the Bylaw be
supported as it stands, it would be possible to bring the Zoning Bylaw
amendment as at second reading to the next meeting of Council to amend it, if
desired, and to possibly set a Public Hearing date of June 11th.
Adoption of the Bylaw, should it be supported by Council, could be considered
at the Council meeting following the Public Hearing.
During this timeline, he said, any pending
developments that might conflict with the draft bylaw could be held for a
period of 30 days from the date of application under Section 929 of the Local
Government Act, although this provision has not before been used by the
Municipality and has rarely been used by any other local governments, the
reasons for which are explained in his memorandum.
In light of concerns raised recently regarding
development on the Lansdowne slope and subsequent pending developments in that
area, it has become evident, said Mr. Cochrane, that Council direction should
be sought as to whether or not it wishes the Building Department to provide the
opportunity to Council to exercise its permit withholding authority by bringing
forward applications that would conflict with the Bylaw under preparation for
Council’s consideration. Mr. Cochrane went on to note that there are
other permit applications, at varying stages, that are scattered through the
Municipality that would conflict with the new limits set out in the proposed
bylaw amendment as well.
Mr. Cochrane noted that should Council direct that a
permit be withheld, it must during the initial 30 day period consider the
application, and may direct that the permit be withheld for a further 60 days.
However, Mr. Cochrane said that should the additional 60 day period be applied,
it is not risk free, and the owner is entitled to compensation for damages or
loss due to the permit being withheld.
Following further discussion, it was the consensus of
Council that applications in conflict with the Bylaw under preparation should
be reviewed by Council.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That staff be
directed to bring forward for consideration by Council pursuant to Section 929
of the Local Government Act all permit applications which contemplate a
development that would conflict with the floor area limits set out in draft
Bylaw No. 4335.
CARRIED
RESOLUTIONS:
Development Variance Permit
Application –
Councillor Cassidy advised that he would be unable to
participate in the discussion of the Uplands building permit and development
variance permit application at
Councillor Carson indicated that he would be unable to
participate in the discussion of the Uplands building permit and development
variance permit application at 3045 Uplands Road due to a client of his being involved
in a business transaction with the applicants.
Councillor Carson left the meeting at 8:13 p.m.
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 3045 Uplands Road (Lot 2, Section 31, Victoria District, Plan 5615), varying the following provisions of Bylaw No. 3531, Zoning Bylaw, 1986, to permit renovations to the single family dwelling in accordance with the plans considered by Committee of the Whole on May 7, 2007 and Council on May 14, 2007:
|
Bylaw Section |
Required |
Requested |
Variance |
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|
|
|
|
|
6.2.4(2)(c) & Schedule “C” Minimum Interior
Side |
3.96 m |
2.99 m |
0.97 m |
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|
|
|
|
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6.2.4(2)(e)
& Schedule “C” Minimum Total of
Side |
9.75 m |
6.58 m |
3.17 m |
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the resolution in
respect to the Development Variance Permit for 3045 Uplands Road be tabled to
enable notice to be given in accordance with the Local Government Act.
CARRIED
Councillors Carson and Cassidy returned to the meeting
at 8:14 p.m.
Development Variance Permit Application –
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 3355 Weald Road (Lot 12, Block A, Section 31, Victoria District, Plan 3504), varying the following provision of Bylaw No. 3531, Zoning Bylaw, 1986, to permit renovations to the single family dwelling in accordance with the plans considered by Committee of the Whole on May 7, 2007:
|
Bylaw
Section |
Required |
Requested |
Variance |
|
6.2.4.(7) A clear space of 3 m shall be provided
between buildings and structures |
3 metres |
1.62 metres |
1.38 metres |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That the
resolution in respect to the Development Variance Permit for 3355 Weald Road be
tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
Summertime Meeting Schedule
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Council’s regular
meeting schedule be suspended for the months of July and August 2007, and that
the following schedule be substituted:
Committee of the Whole July 16, 2007 @ 7:30 p.m.
Council July 23, 2007 @ 7:30 p.m.
August 2007
Committee of the Whole August 13, 2007 @ 7:30 p.m.
Council August 20, 2007 @ 7:30 p.m.
CARRIED
Destruction of Obsolete Municipal Records
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That the Municipal Clerk be authorized to destroy the obsolete Municipal Records as listed on the sheets attached to the agenda and referenced as Documents Scheduled for Destruction – May 14, 2007.
CARRIED
BYLAWS:
For Adoption
Bylaw
No. 4354
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw
No. 4354, Administrative Procedures Bylaw
Amendment Bylaw No. 2, 2007, be adopted.
CARRIED
Bylaw
No. 4364
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw
No. 4364, Sewer User Charge Bylaw
Amendment Bylaw No. 2, 2007, be adopted.
CARRIED
(Councillor
Cassidy and Councillor Herbert against the motion)
For First and Second Reading
(and/or setting of a public hearing date):
Bylaw No. 4365
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That Bylaw No. 4365, Seventy-First Zoning Bylaw Amendment Bylaw,
2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That Bylaw No. 4365, Seventy-First Zoning Bylaw Amendment Bylaw,
2007, be read a second time.
CARRIED
Bylaw No. 4366
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw No. 4366, Seventy-Second Zoning Bylaw Amendment Bylaw, 2007 be introduced and
read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw No. 4366, Seventy-Second Zoning Bylaw Amendment Bylaw, 2007, be read a second
time.
CARRIED
Bylaw No. 4367
MOVED by Councillor Herbert
Seconded by Councillor Carson, That Bylaw No. 4367, Seventy-Third Zoning Bylaw Amendment Bylaw,
2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Carson, That Bylaw No. 4367, Seventy-Third Zoning Bylaw Amendment Bylaw,
2007, be read a second time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That a public hearing on Bylaws
No. 4348, 4365, 4366, and 4367 be held in the Council Chambers, Oak Bay
Municipal Hall,
CARRIED
For First, Second and Third
Reading:
Bylaw
No. 4369
MOVED by Councillor Copley
Seconded by Councillor Herbert, That Bylaw No. 4369, Animal Control Bylaw Amendment Bylaw, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Herbert, That Bylaw No. 4369, Animal Control Bylaw Amendment Bylaw, 2007, be read a second time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Herbert, That Bylaw No. 4369, Animal Control Bylaw Amendment Bylaw, 2007,
be read a third time.
CARRIED
Bylaw
No. 4370
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4370, Ticket Information Utilization Bylaw
Amendment Bylaw No. 3, 2007, be
introduced and read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4370, Ticket Information Utilization Bylaw
Amendment Bylaw No. 3, 2007, be read a second time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4370, Ticket Information Utilization Bylaw
Amendment Bylaw No. 3, 2007, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the meeting of
CARRIED
The meeting adjourned at 8:21
p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
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