MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

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, May 28, 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 J. D. Hebert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Municipal Treasurer, P. A. Walker

Director of Engineering Services, D. Marshall

Mayor Causton called the meeting to order at 7:30 p.m.

MINUTES OF MEETINGS:

Council – May 14, 2007

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday, May 14, 2007, be adopted.

CARRIED

Committee of the Whole – May 22, 2007

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Tuesday, May 22, 2007, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

2007-158

OAK BAY BIKES, May 9, 2007

Re Request for Street Closures Surrounding Windsor Park for Cycling Event, July 29, 2007

Karl Ulrich, Oak Bay Bikes, provided an overview of his request to hold a Masters Cycling Association race on July 29, 2007, on the streets surrounding Windsor Park.

The proposed event, said Mr. Ulrich, would be a test event for the September Cops for Cancer cycling race that has in the past been held in the Oak Bay Village. It is proposed, said Mr. Ulrich, that the September race be moved to Windsor Park if this test event proves successful, which would address some of the concerns of the businesses in the Village.

Responding to various questions from Council, Mr. Ulrich confirmed that the event organizer would provide notice of the event to residents adjacent to the race route and one block back from the race route three weeks in advance of the race. Additionally he said, race marshals would be stationed throughout the event course to ensure pedestrian safety and emergency access should it be required.

There was discussion regarding where race participants might park, and it was suggested that they use the Marina parking lot in an effort to reduce the amount of parking in the residential streets near the race route. Mr. Ulrich noted that further review of the parking aspects of the proposed event would be undertaken.

As for who would be assisting with the event, Mr. Ulrich noted that members of the Oak Bay Police Department and other experienced marshals have volunteered their time in this regard.

MOVED by Councillor Carson

Seconded by Councillor Jensen, That approval for the road closures in connection with the cycling event proposed by Oak Bay Bikes, as indicated in correspondence item no. 2007-158, be approved subject to the following:

the event organizer indemnifying the municipality from any liability arising from the event and providing evidence of insurance in this regard;
paying for any extraordinary costs incurred by the Municipality in relation to the event; and
obtaining approval from the Oak Bay Police Department for a traffic management plan for the event.

CARRIED

2007-159

2007-159-1

THE BLETHERING PLACE, May 15, 2007

MUNICIPAL CLERK, May 23, 2007

Re Request for Street Closures – Collector Car Festival, August 12, 2007

Ken Agate, owner of the Blethering Place, was in attendance with respect to his request for road closures in connection with the 2007 Collector Car Festival to be held on August 12, 2007. Mr. Agate drew attention to his request, on the suggestion of the Brush Up event organizers, to extend the road closures to include Hampshire Road between Theatre Lane and the Bowker Creek Walkway in order to provide a link between the car show and the Brush Up event in Bowker Creek Park on the same day.

There was discussion regarding Mr. Agate’s request for the additional road closure and it was noted that the Police and Fire Departments had both expressed serious concerns regarding the ability to gain emergency access along the portion of Hampshire Road proposed to be closed, should it be required.

It was also noted that the expansion would encroach into a residential area which may be greatly impacted, and although various options for using only one half of the street, or making the area open to local traffic only were discussed, it was the view of Council that the proposed expansion onto Hampshire Road was not supportable based on all the concerns raised.

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That pursuant Section 37.1 of the Streets and Traffic Bylaw, a licence of occupation in connection with the closure of a portion of Oak Bay Avenue and Hampshire Road as was approved in 2006, for the Blethering Place Oak Bay Collector Car Festival event to be held Sunday August 12, 2007 from 8:00 o’clock a.m. to 5:30 o’clock p.m., be granted subject to:

the event organizers indemnifying the Municipality from any liability in connection with the event and providing evidence of insurability in this regard;
adherence with a traffic management plan approved by the Oak Bay Police Department; and
the event organizer bearing any extraordinary costs incurred by the Municipality in connection with the event.

CARRIED

2007-160

DIRECTOR OF BUILDING AND PLANNING, May 22, 2007

Re Application for Heritage Revitalization Agreement – 1587/1595 York Place

Steve Cockayne, on behalf of his mother, the applicant, provided an overview of the application for a heritage revitalization agreement, drawing attention to the heritage and history of 1587-1595 York Place known as ‘Annandale’. The family’s hope, said Mr. Cockayne, is to keep Annandale in the family in perpetuity, and a heritage revitalization agreement is a vehicle to achieve that goal. The proposed increase in density would provide revenues to bring the existing residence up to building code standards and allow it to be maintained appropriately.

Mr. Cockayne advised that the proposed plans had been provided to eight of the neighbours, and four of the neighbours had met with him and his family regarding the application.

Joe Newell, Joe Newell Architect Inc., drew attention to the existing home which he said currently contains three suites, noting that the proposal is for five residential suites in that building. The owners’ current suite, he said, would not be changed, and the original features would be retained, however, required upgrades would be made such as to the electrical system.

Mr. Newell noted that the application also proposes the construction of an additional building containing two residential suites along with half of the required parking for the site. This building, he said, would be designed to recreate a new version of the original carriage house, which is no longer part of the Annandale property.

Mr. Newell went on to note that variances for building, roof and occupiable height for the existing building and for the space between the buildings would be required in relation to the application.

Should the application proceed to the Committee of the Whole level, said Mr. Newell, it is hoped that those meetings will be used as working sessions to develop the exterior design of the existing house, along with input from the Heritage Advisory Panel.

Responding to questions from Council, Mr. Cockayne advised that it was intended for the suites to be rental units versus strata titled units.

There was further discussion regarding the application and Mr. Cockayne and Mr. Newell answered questions from Council in this regard.

Support for the application moving forward was noted, and it was suggested that it be forwarded to the Heritage Advisory Panel.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the application for a heritage revitalization agreement for 1587-1595 York Place be referred to the Heritage Advisory Panel for review and a recommendation to Committee of the Whole.

The Municipal Administrator noted that the existing residence is already designated as protected heritage property. He advised that should the application proceed, the agreement would likely address the required upgrades, maintenance, and materials/finishes to be used, and also would impose requirements relative to building and fire safety, involving the Fire Department and the Building and Planning Department.

It was noted that the use of sprinklers in the buildings would be of huge community benefit inasmuch as it would help to preserve the building in case of fire. Responding to questions, Mr. Cochrane advised that he expected that the buildings would have to be sprinklered, however, confirmation with the Director of Building and Planning should be sought.

The question was then called.

CARRIED

2007-161

MUNICIPAL ADMINISTRATOR, May 23, 2007

Re Official Community Plan Amendment – 1531 Hampshire Road

MOVED by Councillor Herbert

Seconded by Councillor Carson, That having considered the matters set out in Section 879 of the Local Government Act, Council provide a consultation opportunity at the Committee of the Whole level with respect to the Official Community Plan amendment under consideration to accommodate the development of a municipal parking lot at 1531 Hampshire Road, commencing at the meeting scheduled for June 18, 2007, and that notice of the consultation opportunity be mailed to the Oak Bay Business Improvement Association along with the tenant in occupation of 1531 Hampshire Road, and advertised in the Oak Bay News.

CARRIED

2007-162

2007-162-1

DIRECTOR OF BUILDING AND PLANNING, May 23, 2007

MUNICIPAL ADMINISTRATOR, May 24, 2007

Re Building Permit Application – 3007 Westdowne Road

The Municipal Administrator drew attention to the previously given direction from Council to have staff bring forward any building permit applications that would, on their face, conflict with Bylaw No. 4355 currently under preparation, for Council to decide whether or

not to exercise its discretion to withhold a building permit. He noted that Council has the opportunity to extend a decision to withhold a permit beyond the initial 30 day period as well.

Mr. Cochrane advised that should Council direct that a permit be withheld for 30 days from the date of application, within that time it must actually consider the application.

Cary Hayashi, owner of 3007 Westdowne Road, was invited to address Council. Mr. Hayashi indicated that he was not notified of the meeting to consider withholding his permit or of the actual bylaw under consideration when he made his application for the building permit. Mr. Cochrane disagreed, pointing out that he and the Director of Building and Planning had both spoken with Mr. Hayashi in this regard.

Mr. Hayashi indicated that he bought the property at 3007 Westdowne Road based on the current zoning regulations in place at that time, and was unaware of the Bylaw under preparation that would address floor area for buildings in the RS-4 and RS-5 zone. He indicated that he needs a larger house for his family and plans to build it as soon as possible after receiving a building permit.

Responding to questions, Mr. Cochrane acknowledged that Mr. Hayashi would likely have purchased the property assuming the current regulations would be in force, and that Council expressing its authority to withhold a building permit would not have been envisioned by staff until recently.

With respect to Council’s options, Mr. Cochrane advised that if Council makes the decision to withhold the building permit for 30 days from the application date, it must consider the application before the end of that 30 day period. In this regard, he said, it is suggested that a Special Council meeting be scheduled for June 4, 2007 for that purpose. If the permit is withheld for an additional 60 days, and the bylaw under consideration is not adopted within that time, then the Municipality would be liable for damages arising out of the withholding of the permit.

Mr. Cochrane drew attention to the memorandum from the Director of Building and Planning, noting that the detached garage as proposed would not be permitted under the current regulations as there was an error in the plans that did not include that garage in the total floor area ratio.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That:

(1) a conflict be identified between the development proposed in the application dated May 11, 2007 for a building permit in respect of Lot 32, Section 31, Victoria District, Plan 5858 (3007 Westdowne Road) and Bylaw No. 4335, being a proposed amendment to the Zoning Bylaw, 1986, the preparation of which was commenced pursuant to a resolution of Committee of the Whole dated November 6, 2006, and which was introduced and read a first and second time by Council on November 14, 2006; and

(2) a building permit for the development proposed in the said application be withheld for a period of 30 days pursuant to Section 929 of the Local Government Act.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Herbert, That a Special Council meeting be scheduled for June 4, 2007, to consider the building permit application for 3007 Westdowne Road.

CARRIED

TABLED:

Development Variance Permit– 3045 Uplands Road

Councillor Cassidy advised that he would be unable to participate in the discussion of the Uplands building permit and development variance permit application at 3045 Uplands Road inasmuch as he has a business relationship with a member of the applicant’s family.

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 Cassidy and Councillor Carson left the meeting at 8:55 p.m.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, 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 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

6.2.4(2)(c) & Schedule “C” Minimum Interior Side Lot Line Setback	3.96 metres	2.99 metres	0.97 metres

6.2.4(2)(e) & Schedule “C” Minimum Total of Side Lot Line Setbacks	9.75 metres	6.58 metres	3.17 metres

CARRIED

The question on the main motion was then called.

CARRIED

Councillor Cassidy and Councillor Carson returned to the meeting at 8:56 p.m.

Development Variance Permit– 3355 Weald Road

MOVED by Councillor Jensen

Seconded by Councillor Herbert, 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 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

CARRIED

The question on the main motion was then called.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4369

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4369, Animal Control Bylaw Amendment Bylaw, 2007, be adopted.

CARRIED

Bylaw No. 4370

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4370, Ticket Information Utilization Bylaw Amendment Bylaw No. 3, 2007, be adopted.

CARRIED

For Amendment at Second Reading and Setting of Public Hearing Date

Bylaw No. 4335

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4335, Seventieth Zoning Bylaw Amendment Bylaw, 2006, as at second reading, be amended as follows:

· In Section 1:

(1) by deleting subsection (1);

(2) by renumbering subsections (2) and (3) as (3) and (4), respectively;

(3) by adding the following as the new subsections (1) and (2):

(1) in the definition of “coverage” by deleting “means the combined areas covered by all parts of buildings and structures on a lot” and substituting “means the area covered by all parts of a building or structure”;

(2) by deleting the definition of “density” and substituting the following:

“Density” is measured by floor area ratio, unit ratio, lot coverage (as it relates to buildings only) and, for the purpose of Section 3.6.1, lot area, but does not include gross floor area for the purpose of applying Sections 6.4.4(6) and 6.5.4(6).

(4) by deleting “and” at the end of the renumbered subsection (3);

(5) by deleting the “full stop” and substituting “; and” at the end of the renumbered subsection (4);

(6) by adding the following as the new subsection (5):

(5) by adding the following definition in alphabetical sequence:

“Lot Coverage” means the coverage expressed as a percentage of the lot area, which for the purpose of applying the regulations set out in Parts 6 through 11 shall mean the coverage of a particular class of building, the coverage of a structure, the combined coverage of all buildings, or the combined coverage of all buildings and structures, as the context requires.

· In Section 3:

(a) by deleting “and” after “vehicles;” in Section 4.6.10(1)(a);

(b) by renumbering Section 4.6.10(1)(b) as 4.6.10(1)(c);

(b) in One Family Residential Use Zones RS-1, RS-2 and RS-3, not more than 19 sq. m (205 s.f.) of that part of the floor area of the principal building used and maintained for the parking of motor vehicles; and.

· By renumbering Sections 4 through 10 as 5 through 11, respectively;

· By inserting the following as the new Section 4:

4 Section 4.6 is amended by adding the following subsection:

4.6.11 Gross Floor Area Limit

4.6.11(1) For the purpose of applying Sections 6.4.4(6) and 6.5.4(6), not more than 19 sq. m (205 s.f.) of that part of the floor area of the principal building used and maintained for the parking of motor vehicles shall be excluded from the computation of gross floor area.

· By amending the renumbered Section 7 to read as follows:

7 The following is inserted as the new Section 6.4.4(6):

6.4.4(6)(a) On a lot of area less than or equal to 1,100 sq. m (11,840 s.f), the gross floor area of a principal building may not exceed 420 sq. m (4,521 s.f.), of which not more than 300 sq. m (3,229 s.f.) may be at a level higher than 0.8 m (2.6 ft) below grade.

6.4.4(6)(b) On a lot of area greater than 1,100 sq. m (11,840 s.f), the gross floor area of a principal building may not exceed 480 sq. m (5,167 s.f.), of which not more than 360 sq. m (3,875 s.f.) may be at a level higher than 0.8 m (2.6 ft) below grade.

· By amending the renumbered Section 10 to read as follows:

10 The following is inserted as the new Section 6.5.4(6):

6.5.4(6)(a) On a lot of area less than or equal to 750 sq. m (8,073 s.f.), the gross floor area of a principal building may not exceed 360 sq. m (3,875 s.f.), of which not more than 240 sq. m (2,583 s.f.) may be at a level higher than 0.8 m (2.6 ft) below grade.

6.5.4(6)(b) On a lot of area greater than 750 sq. m (8,073 s.f.), the gross floor area of a principal building may not exceed 420 sq. m (4,521 s.f.), of which not more than 300 sq. m (3,229 s.f.) may be at a level higher than 0.8 m (2.6 ft) below grade.

· In the renumbered Section 11, by deleting “2006” and substituting “2007”.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That a public hearing on Bylaw No. 4335, as amended, be held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue, on Monday, June 11, 2007 at 7:30 p.m., and that notice of the hearing be given in accordance with the Local Government Act.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the meeting of Council be adjourned

CARRIED

The meeting adjourned at 8:59 p.m.

Certified Correct:

_______________________________

Municipal Clerk

_______________________________

Mayor