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,
|
PRESENT: |
Councillor
H. Braithwaite (Acting Mayor) Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert 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 Director of Engineering Services, D. |
Acting
MINUTES OF MEETINGS:
Council – October 22, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Jensen,
That the minutes of the Council meeting held on Monday, October 22, 2007, be adopted.
CARRIED
Committee of the Whole – November 5, 2007
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That the minutes of the Committee of the Whole meeting held on Monday, November
5, 2007, and the recommendations contained therein, be adopted.
CARRIED
COMMUNICATIONS:
|
1. |
2007-300 2007-290 |
BISON PROPERTIES LTD., October 31, 2007 DIRECTOR OF BUILDING AND PLANNING, October 18, 2007 Re Request for Partial Refund of Development Permit Security – Oak Bay
Beach Hotel ( |
It was noted that the development permit
security on deposit with the Municipality for the redevelopment of the Oak Bay
Beach Hotel was collected pursuant to the previous bylaw requirements in this
regard, and that Council has since adopted a new bylaw. Under the new bylaw, the calculation for a
security deposit would result in a significantly lower amount than that
collected previously, and the applicant for the Oak Bay Beach Hotel property is
requesting a refund of the difference.
Kevin Walker, Bison Properties Ltd., responding to questions from Council
regarding the direction and timeline of the Oak Bay Beach Hotel development,
noted that Bison Properties Ltd. has been seeking a joint venture partnership for
the hotel and hopes to have a decision on a partner by June. The project is
anticipated to begin in June 2008 and be complete by May 2010, he said.
There was discussion regarding the need to
keep more of the security on deposit than would be required if calculated under
the new bylaw, and the Director of Building and Planning answered questions in
this regard, noting that in his opinion, the security required under the new
bylaw would still provide enough security to rectify any issues for which the
security can be used.
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That staff be authorized to recalculate the required development permit
security deposit in relation to the redevelopment of the Oak Bay Beach Hotel,
at
CARRIED
|
2. |
2007-301 |
DIRECTOR OF BUILDING AND PLANNING, November 7, 2007 Re Rezoning Application – |
The Director of Building and Planning
provided an overview of the applicants’ request to rezone their property from
RS-4 to RS-5 in order to permit a two-lot subdivision application to
proceed. Mr. Beattie noted that the minimum
required lot size for the current zoning would not allow for subdivision of the
property, and therefore rezoning to RS-5 is being requested. Mr. Beattie further noted that although
rezoning to RS-5 would provide enough area to possibly create three lots, the
homeowners only wish to create a two lot subdivision, and would be willing to
register a covenant against the property to that effect.
Members of Council expressed some concern
with respect to any precedent that might be set should the rezoning be proceeded
with, and that it would potentially isolate this one lot as RS-5 amongst all
the RS-4 zone properties in the block.
Lynne and John Limbert, 3096 Cadboro Bay
Road, responded to
questions from Council noting that through discussions with their neighbours it
was possible that they could acquire from them enough property to increase the property
size to meet the minimum required lot size for a two lot subdivision in the
current RS-4 zone.
The Municipal Administrator, also the
Subdivision Approving Officer, commented that although he has not reviewed a
proposed site plan for a possible subdivision, even if the minimum square
footage requirements are met, a sensible lot configuration would still be
required, and consideration would need to be given with respect to the
subdivision’s potential impact on the neighbourhood, etc.
John Higgins, 3084 Cadboro Bay Road, provided a description of the existing
fence location between his and the applicant’s property noting that only a
small portion of his property would need to be purchased to accommodate the reconfiguration
of the proposed subdivision at
Responding further to questions, Mr.
Beattie noted that additional land would also have to be obtained from the homeowners
to the west of
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That the rezoning application with respect to the
CARRIED
|
3. |
2007-302 |
GREATER Re Library 2008 Provisional Operating Budget |
Referring to the correspondence received
from the Greater Victoria Public Library Board Chairman, Councillor Copley provided
an overview of the provisional operating budget and answered questions in that
regard.
There was discussion
regarding the provisional budget, and it was noted by a member of Council that
a large part of the budget increase is attributable to the new Saanich
Centennial branch, although the opening of the branch has been delayed due to
the ongoing labour dispute.
The view was expressed that member municipalities
should be presented with more than one option with respect to budget
approval. Noting that the proposed
increase in municipal contributions is quite high, Council indicated that,
prior to consideration of the budget for approval early in 2008, it would like
to see what the implications with respect to the service level would be based
upon a 3% increase in municipal contributions in place of the increase of 7.8%
proposed by the Board.
A member of Council also drew attention to the comment
in the budget notes to revenue that the carry forward of the previous year’s
surplus into revenue for the following year is being phased out, which seems to
be at variance with Section 5.9 of the Library Operating Agreement, and asked
that this be clarified by the Board.
MOVED by Councillor Herbert
Seconded by Councillor Carson,
That the Greater Victoria Public Library Board be requested to provide an
operating budget that incorporates a 3% increase in municipal contributions for
review and further that the reference to the phasing out of carrying forward
the previous year’s surplus into revenue for the following year be clarified in
respect to Section 5.9 of the Operating Agreement.
CARRIED
|
4. |
2007-303 |
POLICE BOARD SECRETARY, October 29, 2007 Re 2008 Provisional Budget – |
Responding to questions from a member of
Council regarding the Board’s attention to reducing the Department’s carbon
footprint, the Municipal Administrator/Police Board Secretary noted that
although he could not specifically answer for the Board, he felt that environmental
issues are recognized by the Board and that, although no new police vehicles
are proposed to be purchased at this time, consideration is given whenever
possible to the use of smaller, more fuel efficient vehicles.
The point was made that measures beyond the
choice for police vehicles could be considered.
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the 2008 Police Board provisional budget be incorporated into an amended
five year financial plan for the Municipality and referred to Estimates
Committee.
CARRIED
|
5. |
2007-304 |
MUNICIPAL CLERK, November 8, 2007 Re |
MOVED by Councillor Herbert
Seconded by Councillor Carson, That the activities planned for
CARRIED
|
6. |
2007-305 |
PACIFIC MOBILE DEPOTS LTD., October 22, 2007 Re Licence to Occupy a Portion of |
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That correspondence
item no. 2007-305 be received.
CARRIED
|
7. |
2007-306 2007-306-1 2007-306-2 2007-306-3 |
SHIRLEY HIBBERSON, October 26, 2007 DUANE BIRD, November 9, 2007 JEAN CHURCHILL, November 9, 2007 SCOTT AND CHRISTINA AITCHISON, November 9, 2007 Re Development
Variance Permit – |
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That correspondence items no. 2007-306 to 2007-306-3 be received.
CARRIED
|
8. |
2007-269 |
LINDA AND ALAN THOMSON, October 7, 2007 Re Development
Variance Permit – 2032 Esplanade |
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That correspondence
item no. 2007-269 be received.
CARRIED
|
9. |
2007-307 2007-307-1 |
MUNICIPAL ADMINISTRATOR, November 7, 2007 V. MACDONALD,
et al, [Undated] Re Proposed C-4
(Local Commercial / Neighbourhood Deli Use) Regulatory Changes |
The Municipal Administrator drew attention
to his memorandum summarizing the process in relation to the application from the
owners of
Mr. Cochrane noted that the owner of 2164
McNeill Avenue had, at the July Council meeting, observed that the rezoning
application for de’lish seemed to be proceeding in the direction that would
affect the zoning of Demitasse and had said she would like to see an increase
in the current limit on the amount of floor area allowed for commercial use. However, said Mr. Cochrane, the subject had
not been explicitly addressed at the Council level for a decision in that
regard, and was being raised now for discussion. He further noted that the draft Bylaw, as it
stands, does not incorporate the increase.
Following consideration of the issues at
hand, the possibility of drafting a bylaw to allow for the creation of a site
specific C-5 zone applicable to 677 St. Patrick was, as at previous meetings,
raised once more.
Although some members of Council felt that
the similar issues of parking and traffic safety in and around 2164 McNeill
Avenue and 677 St. Patrick, along with the core land use issues relative to both
properties, warrants consideration of zoning regulations that would apply to
both properties, it was the majority view of Council that the application from
de’lish Fine Foods and Catering (677 St. Patrick Street) should be considered separately
from the Demitasse Bakery Store (
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That Bylaw No. 4386 and 4387 not be proceeded with in their current form and that
staff be directed to redraft Bylaw No. 4386 to create a new site specific zone
for
CARRIED
(Councillors
Copley and Jensen against the motion)
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Proposed Anti-Idling Bylaw
Councillor Jensen expressed his interest in
bringing forward at a future meeting a motion to implement an anti-idling
bylaw.
Councillor Jensen also noted that at some
time in the future he would be proposing that Council request from staff its
ideas and thoughts on ‘car sharing’ municipal fleet vehicles with the
community.
Community Initiatives
Committee
Councillor Herbert noted that the Committee
will be approaching Parks and Recreation staff to discuss the idea of placing
‘walking distance’ signs for various destinations in and around the
Municipality, noting that this initiative would require an amendment to the
Sign Bylaw.
Councillor Herbert also noted that he may,
in the future, be seeking support for the implementation of cycling safety training
through the Parks and Recreation Department.
Parking –
In response to a question from a member of
Council as to whether staff would be looking into parking in and around 2164 McNeill
Avenue, the Municipal Administrator said that although the topic was discussed
at a previous meeting, staff was not given direction to do so. However, Mr. Cochrane said that staff could
look at changes to the parking on private and public property in the vicinity, although
direction with respect to funding any possible changes would have to be
addressed.
MOVED by Councillor Herbert
Seconded by Councillor Copley, That a staff
report with respect to a possible reconfiguration of parking adjacent to
CARRIED
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 880 Byng
Street (Lot 13, Section 22, Victoria District, Plan 1161), varying the following
provisions of: (1) Bylaw No. 3531 (Zoning
Bylaw, 1986), with respect to the siting of buildings, and (2) Bylaw No.
3540 (Parking Facilities Bylaw, 1986),
with respect to the number and type of required on-site parking spaces:
|
Bylaw and Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
Zoning Bylaw S. 6.5.4(2)(d) Minimum Exterior Side Lot Line Setback, |
3.65 m |
0.61 m |
3.04 m |
|
|
|
|
|
|
Zoning Bylaw S. 6.5.4(7) Minimum Clear
Space Between Buildings |
3.00 m |
0.61 m |
2.39 m |
|
|
|
|
|
|
Parking Facilities Bylaw Sched. A, s.
A.1(a) Minimum On-Site
Parking |
2 spaces, incl.
1 in building |
1 space (none in
building) |
1 space (waive
the “1 space in building” requirement) |
to accommodate the elimination of the pre-existing
in-building parking space, along with the construction of an accessory
building, as shown on the sketch appended to Committee of the Whole agenda item
#2007-283, being a memorandum from the Director of Building and Planning dated
October 10, 2007.
CARRIED
The question on the main motion was then called.
CARRIED
(Councillor
Cassidy against the motion)
Development Variance Permit – 2032 Esplanade
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 2032
Esplanade (Lot 5, Section 61, Victoria District, Plan 3833), varying the
following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, with respect to the height and siting of a
principal building:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
6.5.4(3)(a) and Schedule “B” |
7.07 m |
7.35 m |
0.28 m |
|
|
|
|
|
|
6.5.4(3)(b) and Schedule “B” Maximum
Occupiable Height |
4.42 m |
4.88 m |
0.46 m |
|
|
|
|
|
|
6.5.4(3)(c) and
Schedule “B” Maximum Roof
Height |
8.84 m |
9.02 m |
0.18 m |
|
|
|
|
|
|
6.5.4(2)(a) Minimum Front |
7.62 m |
5.79 m |
1.83 m |
|
|
|
|
|
|
4.6.5(1) Maximum
Projection of Porch and Stairs Into Required
Front |
1.2 m |
4.57 m |
3.37 m |
to accommodate the construction of a new single family
dwelling on the lot, as shown on the sketches appended to Committee of the
Whole agenda item #2007-248, being a memorandum from the Director of Building
and Planning dated September 6, 2007.
CARRIED
It was noted that since the above motion was tabled on
September 24, 2007, the applicants have revised their plans, which were
considered by Committee of the Whole on November 5, 2007.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the tabled resolution
for a development variance permit for 2032 Esplanade, based upon the plans
attached to Committee of the Whole agenda item #2007-248, being a memorandum
from the Director of Building and Planning dated September 6, 2007, be withdrawn.
CARRIED
RESOLUTIONS:
Development Variance Permit (Revised) – 2032 Esplanade
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the Director of Building and Planning
be authorized to issue a Development Variance Permit with respect to 2032
Esplanade (Lot 5, Section 61, Victoria District, Plan 3833), varying the
following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, with respect to the height and siting of a
principal building:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
6.5.4(3)(a) and Schedule “B” |
7.07 m |
7.54 m |
0.47 m |
|
|
|
|
|
|
6.5.4(3)(b) and Schedule “B” Maximum
Occupiable Height |
4.42 m |
5.08 m |
0.66 m |
|
|
|
|
|
|
6.5.4(3)(c) and
Schedule “B” Maximum Roof
Height |
8.84 m |
9.17 m |
0.33 m |
|
|
|
|
|
|
6.5.4(2)(a) Minimum Front |
7.62 m |
5.79 m |
1.83 m |
|
|
|
|
|
|
4.6.5(1) Maximum
Projection of Porch and Stairs Into Required
Front |
1.2 m |
4.57 m |
3.37 m |
to accommodate the construction of a new single family
dwelling on the lot, as shown on the sketches appended to Committee of the
Whole agenda item #2007-295, being a memorandum from the Director of Building
and Planning dated October 19, 2007.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the motion in respect of the
development variance permit for 2032 Esplanade be tabled to allow notice to be
given in accordance with the Local
Government Act.
CARRIED
Development Variance Permit –
MOVED by Councillor Jensen
Seconded by Councillor Carson, That the Director of Building and Planning
be authorized to issue a development variance permit with respect to 520 Falkland Road (LOT A, SECTION 47,
VICTORIA DISTRICT, PLAN VIP56674), which would vary the requirements of Bylaw
No. 3531, Zoning Bylaw, 1986, as
follows:
|
Bylaw
Section |
Required |
Requested |
Variance |
|
6.5.4.(7)
Minimum Clear Space Between Buildings and Structures |
3.0 metres |
1.83 metres |
1.17 metres |
to accommodate the construction of a deck, as more
particularly shown on the sketches appended to Committee of the Whole agenda
item #2007-296, being a memorandum from the Director of Building and Planning
dated October 30, 2007.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the motion in respect of the
development variance permit for
CARRIED
Licence to Occupy a Portion of
MOVED by Councillor Jensen
Seconded by
Councillor Herbert, That, pursuant to Section 11.1 of
the Zoning Bylaw, 1986, licence to
occupy a portion of
January 26, 2008 from 9:00
a.m. until 12:30 p.m.;
February 23, 2008 from 9:00
a.m. until 12:30 p.m.;
March 22, 2008 from 9:00 a.m.
until 12:30 p.m.;
April 26, 2008 from 9:00 a.m.
until 12:30 p.m.;
May 24, 2008 from 9:00 a.m.
until 12:30 p.m.;
June 28, 2008 from 9:00 a.m.
until 12:30 p.m.;
July 26, 2008 from 9:00 a.m.
until 11:30 a.m.;
August 23, 2008 from 9:00 a.m.
until 11:30 a.m.;
September 27, 2008 from 9:00
a.m. until 12:30 p.m.;
October 25, 2008 from 9:00
a.m. until 12:30 p.m.;
November 22, 2008 from 9:00
a.m. until 12:30 p.m.; and
December 27, 2008 from 9:00
a.m. until 12:30 p.m.
CARRIED
Council thanked the Oak Green Committee for
its part in organizing and running the soft plastics recycling depot.
BYLAWS: