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 Tuesday, May 23, 2006.

 

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

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

Municipal Engineer, S. G. Pitt

Senior Engineering Technologist, D. Marshall

 

Mayor Causton called the meeting to order at 7:30 p.m., noting that Councillor Copley and Councillor Herbert were absent.

 

 

PRESENTATION:

 

Stuart Pitt - Retirement from District of Oak Bay

 

Mayor Causton acknowledged retiring Oak Bay Municipal Engineer, Stuart Pitt, thanking him for his dedicated service to the Municipality during his 13 years of employment.

 

Mayor Causton presented Mr. Pitt with a gift from the Municipality in appreciation for his work and excellent management of the Engineering Department.

 

 

MINUTES OF MEETING:

 

Council – May 8, 2006

 

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the minutes of the Council meeting held on Monday, May 8, 2006, be adopted.

 

CARRIED

 

Committee of the Whole – May 15, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Monday, May 15, 2006, and the recommendations contained therein, be adopted.

 

 

Floor Area Regulations

 

The Municipal Administrator, in response to a question from Council, said that he devised the above ground floor area formula in his Floor Area Regulations report, and as far as he was aware, it is not used elsewhere.  Further said Mr. Cochrane, although the formula may look complicated it is a relatively straightforward calculation to use.

 

Mr. Cochrane reviewed the differences in the floor area regulations in Oak Bay versus other municipalities, reiterating the issues that have occurred in Oak Bay that have prompted the Municipality to look into alternate floor area regulations.

 

The question was then called.

 

CARRIED

 

 

COMMUNICATIONS:

 

1.

2006-151

2006-151-1

 

2006-151-2

OAK BAY CENTENNIAL COMMITTEE, April 26, 2006

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION,

May 1, 2006

MUNICIPAL CLERK, May 18, 2006

Re Centennial Event Approvals

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That:

 

Summer Swing Event

 

Pursuant to Section 37.1 of the Streets and Traffic Bylaw, 2000, approval be given for the closure of Oak Bay Avenue between Wilmot Place and Monterey Avenue, between 5:00 p.m. and midnight on July 29th, 2006, and for the closure of Hampshire Road from Oak Bay Avenue to the entrance to the Athlone Court Parking Lot, between 4:00 p.m. and midnight, and, further, that approval be granted for the display and sale of goods and refreshments, all in connection with the Business Improvement Association’s street occupancy for the Summer Swing Event as detailed in the letter dated May 1, 2006 from the Association, and subject to the following:

 

§         The Association executing an agreement indemnifying the Municipality against claims arising out of the event and setting out any conditions of occupancy which may be required by the Municipality and supplying evidence of insurability in this regard;

 

§         The Chief Constable’s approval of a traffic plan which safely accommodates diverted vehicular and pedestrian traffic; and

 

§         The Association paying any extraordinary costs incurred by the Municipality in connection with the event;

 

 

 Symphony in the Park

 

That the proposed traffic restrictions and road closures in Oak Bay, as attached to the memorandum from the Municipal Clerk dated May 18, 2006, in connection with the Symphony in the Park municipal event, to be held in Windsor Park on July 2, 2006 from 12:00 noon until 10:00 p.m. be approved, and further, that pursuant to section 5.1.4 of the Zoning Bylaw, the sale of goods and refreshments be approved in connection with the event; and

 

 Snowbirds Air Show and Kiwanis Salmon Barbecue

 

That the proposed traffic restrictions and road closures in Oak Bay, as attached to the memorandum from the Municipal Clerk dated May 18, 2006, in connection with the Snowbirds Air Show and Kiwanis Salmon Barbecue municipal event to be held on August 6, 2006 from 10:00 a.m. to 4:00 p.m. be approved, and further, that pursuant to section 5.1.4 of the Zoning Bylaw, the sale of goods and refreshments be approved in connection with the event.

CARRIED

 

2.

2006-152

ED WALKER, May 9, 2006

Re Request for Street Closure on Pacific Avenue – July 1, 2006

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That permission be given for the closure of the 2200-block of Pacific Avenue on Saturday, July 1, 2006, from 1 o’clock p.m. to 6 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

 

3.

2006-153

ESTEVAN VILLAGE MERCHANTS ASSOCIATION,

May 16, 2006

Re Request for Permission for Occupancy of Parking Stalls for Summer Market Events

 

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That pursuant to Section 37.1 of the Streets and Traffic Bylaw, 2000, approval be granted to the Estevan Village Merchants Association to occupy the parking stalls on the north and south side of Estevan Avenue between Musgrave Street and Dunlevy Street on June 4, 11, 18, 25, 2006 and July 2, 9, 16, 23, 30, and August 6, 13, 20, and 27, 2006, from 9:00 a.m. until 2:30  p.m., and, further, that approval be granted for the display and sale of goods and refreshments, all  in connection with the Associations’ Sunday Summer Market Events, as detailed in the letter dated May 16, 2006 from the Association, subject to the following:

 

§         The Association executing an agreement indemnifying the Municipality against claims arising out of the event and setting out any conditions of occupancy which may be required by the Municipality and supplying evidence of insurability in this regard; and

 

§         The Association paying any extraordinary costs incurred by the Municipality in connection with the events.

 

CARRIED

 

4.

2006-154

2006-154-1

2006-154-2

ROYAL BLUE LINE MOTOR TOURS LTD, May 16, 2006

TOURISM OAK BAY, May 11, 2006

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, May 11, 2006

Re Request to Occupy Oak Bay Village Bus Stop  

 

Brian Parker, Co-owner, Royal Blue Line Motor Tours Ltd., provided a overview of the application presented to Council, saying that Royal Blue Line Motor Tours would like to offer, as part of a loop tour that would encompass the Oak Bay Village, an opportunity for visitors to “hop off and hop on” the Royal Blue Line Motor Tour buses using the BC Transit bus stop that is located in front of the Oak Bay Municipal Hall, on Oak Bay Avenue. 

 

Responding to members of Council, Mr. Parker said that the buses are the open top double-deckers and that an anticipated 10 – 12 stops, running every 45 minutes to one hour, could be expected daily. Further, he said, the bus stop could be identified with a marker indicating it is a designated Royal Blue Line Motor Tours bus pick up and drop off zone. 

 

It was noted that the Streets and Traffic Bylaw does not permit the use of designated bus zones by a tour company, and that should this request be considered, a bylaw amendment would be required, and that such use would be available to other tour companies as well. 

 

It was the consensus of Council that tour buses stopping on the Avenue would benefit Oak Bay and its merchants. 

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, that staff be directed to draft a Streets and Traffic Bylaw Amendment that would allow the use of the bus zone adjacent to the Oak Bay Municipal Hall by tour bus companies, be brought forward for formal consideration.

  

Mr. Parker was requested to provide information about the Royal Blue Line Motor Tours operations at the end of the season, with respect to the affect the new route had on the tour company and the number of visitors that stopped to enjoy the Oak Bay Village.

 

The question was then called.

CARRIED

 

5.

2006-155

 

DIRECTOR OF BUILDING AND PLANNING, May 19, 2006

Re Development Permit Application –  1178 Beach Drive

 

MOVED by Councillor Carson

Seconded by Councillor Jensen, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to Lot 1, Section 73, Victoria District, Plan 14868 Except Part in Plan 25355 (1178 Beach Drive) to permit the demolition of an existing carport on the property and the reconfiguration of the parking and existing driveway in accordance with the plans attached to correspondence Item No. 2006-155.

 


Members of Council noted that the original application brought forward at the last Committee of the Whole meeting was withdrawn and replaced with the application brought forward as Item No. 2006-155. 

 

The question was then called.

CARRIED

 

6.

2006-156

STEPHEN BOWKER, May 12, 2006

Re Development Variance Permit – 2032 Penzance Road

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That Item No. 2006-156 be received.

CARRIED

TABLED:

 

Development Variance Permit – 2065 Carnarvon Street

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, 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 13, Block 1, Section 28, Victoria District, Plan 1154 (2065 Carnarvon Street) that will vary the following section of the Zoning Bylaw, 1986, as amended, to permit construction of a single family dwelling on the property in accordance with the plans considered by Committee of the Whole on May 1, 2006:

 

Bylaw Section

Permitted

Requested

Variance

4.6.5.(2). Maximum Projection into Interior Side Setback

450 millimetres

600 millimetres

150 millimetres

 

CARRIED

The question on the main motion was then called.

CARRIED

 

Development Variance Permit – 2032 Penzance Road

 

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 in respect to N ˝ of Lot 14, Block 6, Section 46, Victoria District, Plan 1250 (2032 Penzance Road) that will vary the following section of the Zoning Bylaw, 1986, as amended, to permit the renovation of the single family dwelling in accordance with the plans considered by Committee of the Whole on May 1, 2006:

 

Bylaw Section

Required

Requested

Variance

6.5.4.(2).(a)

Minimum Front Lot Line Setback

7.62 metres

6.40 metres

1.22 metres

 

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

 

Summertime Meeting Schedule

 

MOVED by Councillor Jensen,

Seconded by Councillor Braithwaite, That Council’s regular meeting schedule be suspended for the months of July and August 2006, and that the following schedule be substituted:

 

July 2006

Committee of the Whole                      July 17, 2006 @ 7:30 p.m.

Council                                                July 24, 2006 @ 7:30 p.m.

 

August 2006

Committee of the Whole                      August 14, 2006 @ 7:30 p.m.

Council                                                August 21, 2006 @ 7:30 p.m.

 

CARRIED

 

Development Variance Permit and Highway Encroachment – 619 Transit Road

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 13, Section 22, Victoria District, Plan 2994 (619 Transit Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit an addition of a second storey to an existing garage on the land in accordance with the plans considered by Committee of the Whole on May 15, 2006 as follows:

 

Bylaw Section

Permitted

Requested

Variance

6.5.4.(2).(a)

Minimum Front Lot Line Setback

7.62 metres

0.0 metres

7.62 metres

 

subject to the owners of 619 Transit Road executing a Highway Encroachment agreement drafted by the Municipal Solicitor at the owner’s expense, that would permit the encroachment of the garage onto the abutting highway by .67 metres.

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, That the resolution in respect to the Development Variance Permit  for 619 Transit Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

 

Traffic Control Order No. 2006-07 – Designated Passenger Zone Adjacent to 1701 Beach Drive

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That signs be erected on the curb of the east side of Beach Drive adjacent to 1701 Beach Drive (Glenlyon Norfolk School), as shown on the sketch attached to Traffic Control Order No. 2006-07 to designate an area 18.6 metres in length as a "Passenger Zone” wherein vehicles may be parked for not more than five (5) minutes duration at any one time.

CARRIED

 

Traffic Control Order No. 2006-08 – Parking Regulations on Bee Street

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the existing sign erected adjacent to the curb on the east side of Bee Street near Goldsmith Street, indicating that parking on the east side of Bee Street is restricted to two hours duration between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, be moved to a point 5 metres north of Goldsmith Street, as noted on the plan attached to Traffic Control Order No. 2006-08, in order to extend the restricted parking area.

 

CARRIED

 

Traffic Control Order No. 2006-09 – Remove Parking Regulations – One Stall at 1429 Monterey Avenue

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Traffic Control Order 98-04 be amended to remove the one parking stall located at the northwest corner of the parking lot at 1429 Monterey Avenue, as more particularly shown in the sketch attached to Traffic Control Order No. 2006-09, from the two hour, Monday to Saturday, 9 a.m. to 5 p.m. parking restriction.

 

A member of Council reiterated his concerns with the proposed occupancy, noting that the use of the parking stall by the Victoria Care Share Cooperative would not be in keeping with the reasons the lot was constructed.

 

CARRIED

(Councillor Cassidy opposed)

 

NEW BUSINESS:

 

Mayor Causton offered a few reminders of upcoming events such as, next week’s Bike to Work Week, the Centennial Trail official opening at 10:00 a.m. on May 24th and the Town Criers on the Municipal Hall’s front lawn at 3:00 p.m. on May 24th, which will be followed by a barbeque at Monterey Centre. 

 

Mayor Causton also made mention of the Oak Bay Walks booklet insert in the Oak Bay News noting that it was very good and recommending that everyone pick up a copy.

 

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:

 

1)      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; and

2)      information that is prohibited from disclosure under Section 21 of the Freedom of Information and Protection of Privacy Act (disclosure harmful to the business interests of a third party).

 

CARRIED

 

The meeting adjourned at 8:12 p.m.

 

 

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

 

Mayor