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
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. |
The
MOVED by Councillor Jensen
Seconded by Councillor
Braithwaite, That the agenda be amended to add a presentation from the President
of CUPE Local 410 regarding pay equity issues with respect to Greater Victoria
Public Library employees, following consideration of the minutes of meetings.
CARRIED
MINUTES OF MEETINGS:
Council – October 9, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Copley,
That the minutes of the Council meeting held on Tuesday, October 9, 2007, be adopted.
CARRIED
Committee of the Whole – October 15, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Jensen,
That the minutes of the Committee of the Whole meeting held on Monday, October
15, 2007, and the recommendations contained therein, be adopted.
Responding to comments in letters
previously received by Committee of the Whole in relation to the de’lish and
Demitasse proposed rezoning, in which it was suggested
The question was then called.
CARRIED
Greater Victoria Public
Library
Ed Seedhouse, President, of CUPE
Local 410 drew
attention to the current situation regarding pay equity for Greater Victoria
Public Library employees and their dispute with the Greater Victoria Labour
Relations Association, and provided an overview of CUPE’s concerns in this
regard.
COMMUNICATIONS:
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1. |
2007-284 2007-284-1 |
CAPITAL
REGIONAL DISTRICT, October 3, 2007 PETER Re Regional
Growth Strategy, Proposed Amendment re |
The Municipal Administrator described the process for
amending the Capital Regional District’s Regional Growth Strategy, noting that
the approval requirements for an amendment were the same as those for the
initial adoption. He explained that an
amendment could not be adopted by the CRD Board unless, by resolution, it was
accepted by all affected local governments.
Failing such acceptance, the dispute resolution process set out in the
Local Government Act would come into play.
There was discussion regarding the proposed
amendment to the Regional Growth Strategy, and members of Council noted their
concerns in this regard, as summarized in the resolution below.
MOVED by Councillor Herbert
Seconded by Councillor Copley, That Bylaw
No. 3443, Capital Regional District
Growth Strategy Bylaw No. 1, 2002, Amendment Bylaw No. 1, 2007, to extend the regional urban containment
and servicing policy area boundary within the District of Highlands to
facilitate the extension of CRD services for a comprehensive development, not
be accepted for the following reasons:
1)
The proposed amendment should be considered in the context of the legislated
review process for the Regional Growth Strategy as a
whole, with fundamental changes of this nature not to be made on a
piecemeal basis;
2)
the proposed expansion of services to the District of Highlands will
increase the burden on the regional water supply and
therefore advance the point at which further water supply infrastructure
improvements will be required, with costs borne by the region as a
whole;
3)
the proposed amendment would accommodate urban sprawl of
the sort that the urban containment and servicing boundary was designed to
constrain;
4)
the suburban nature of the development that would be accommodated by
the proposed amendment will foreseeably result in increased greenhouse gas
emissions inherently associated with this form of development .
CARRIED
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2. |
2007-285 |
MUNICIPAL CLERK,
October 9, 2007 Re Bylaw
Enforcement – Recommendation to File Contravention Notice Against Title ( |
The Director of Building and Planning
explained that additional information has recently come forward to indicate
that Notice Against Title for this property may not be warranted.
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert, That correspondence
item 2007-285 be withdrawn from the agenda.
CARRIED
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3. |
2007-286 |
Re Request
for One-Time Grant |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence
item 2007-286 be referred to Estimates Committee.
CARRIED
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4. |
2007-287 |
GREATER Re Intermunicipal Library Operating Agreement – Renewal Process |
It was noted that the GVPL Board is seeking
input from its member municipalities as it begins its work on the renewal of
the Library Operating Agreement.
There was discussion on various aspects of
the current Operating Agreement, and while there were no specific proposals for
change voiced, members of Council felt that there are certain issues that
warrant investigation and airing at the Board level for discussion among the
members, as follows:
1) Operating budget approval process
– discuss the possibility of a two-tier approval system, wherein the existing
formula might be employed for operating budget increases up to a certain
amount, with a less easily attained threshold required for the approval of a
higher increase;
2) Municipal representation on Board
– further investigation and debate regarding the section of the agreement that
notes appointments must be in accordance with the Library Act, which has
recently been interpreted to preclude members from appointing more than one
councillor to the Board;
3) Addition of new branches –
discussion on the issues surrounding the approval and ongoing funding of new
branches in the context of approvals presently being made by the Board in
consultation with the proposing municipality, without the direct involvement of
the other parties involved; and
4) Financial reporting - discussion on requiring financial reporting to
the members throughout the year, such as with a quarterly statement of
expenditures in each of the general account groupings relative to budget.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That correspondence
item no. 2007-287 be received.
CARRIED
It was agreed that staff would forward a
letter to the Board with respect to Council’s comments.
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5. |
2007-288 2007-288-1 |
Re Minutes of Meetings |
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen, That the
minutes of the Oak Bay Heritage Steering Committee meetings held on September 13,
2007 and October 3, 2007 be received.
CARRIED
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6. |
2007-289 |
MUNICIPAL ADMINISTRATOR, October 18, 2007 Re Heritage Steering Committee – Salish History Monuments Proposal |
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert, That the
Salish History Monuments proposal, as described in correspondence item no.
2007-289, be endorsed, and further, that the Heritage Steering Committee be
authorized to make grant applications for funding the project as outlined in
the correspondence.
CARRIED
Council acknowledged Committee member Marion Cumming
for her work in preparing the proposal.
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7. |
2007-290 |
DIRECTOR OF BUILDING AND PLANNING, October 18, 2007 Re Development Permit Security – Oak Bay Beach Hotel |
Attention was drawn to the memorandum from
the Director of Building and Planning and the letter received from C. N. Ryzuk,
Geotechnical Engineer, which addressed questions from Council at the previous
meeting with respect to whether or not the Oak Bay Beach Hotel property would
warrant additional development permit security being taken, due to
extraordinary environmental issues on the site, under the new sliding scale
formula proposed in Bylaw No. 4382 which appears later on the agenda.
It was noted that Council had requested the
information for consideration before any possible refund in security was
contemplated in relation to the new lesser amount of security that would be
required for the Oak Bay Beach Hotel development under the proposed Bylaw,
subject to Council requiring a higher amount if in its assessment having regard
to advice from a qualified professional, the location or nature of the project,
or both, create a demonstrable and significant risk of damage to the
environment.
There was discussion regarding the
information received from the Geotechnical Engineer, and staff answered
questions with respect to the Municipality’s options for completing required
work to remedy an unsafe situation if the amount of security had already been
depleted in this regard. The Municipal
Administrator advised that there is a separate process for addressing unsafe
conditions relative to any property, whereby the Municipality carries out the
work at the cost of the owner.
It was acknowledged that the information
provided made a good case for not requiring security in an amount greater than
the sliding scale formula of the proposed Bylaw, and there was discussion on
whether or not the security should be recalculated as if the proposed Bylaw had
been in effect when the security was first deposited. Concerns were raised regarding this course of
action, and it was agreed that further discussion on the possibility of
recalculating the deposit for the Oak Bay Beach Hotel development, the only
development with security on deposit with the Municipality at this time, could
occur following consideration of adoption of the Bylaw.
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen, That correspondence
item no. 2007-290 be received.
CARRIED
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8. |
2007-291 |
PETE AND JEAN LAWRIE, October 18, 2007 Re Development
Variance Permit – |
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen, That correspondence
item no. 2007-291 be received.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Regional Housing Trust Fund
Responding to questions from
Joint
Council/Police Board Meetings
Councillor Jensen noted that during
discussions at the recent Union of British Columbia Municipalities convention,
it became apparent that the Councils of many local governments with their own
Police forces have close relationships with their respective Police Boards, and
meet on a regular basis. He suggested
that it may be appropriate for Council to encourage the same process here,
through having joint meetings with the Oak Bay Police Board to provide an
opportunity for the Board to hear Council’s views on service delivery.
Tourism
Councillor Copley reported that Tourism
Victoria has amended its bylaws to reduce the board membership from 33 to 15,
which results in
Tourism
TABLED:
Development Variance Permit –
MOVED by Councillor Cassidy
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 1021 Island Road (Lot A, Section 23, Victoria District, Plan 9081), varying
the following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, with
respect to the siting of a sound-emitting structure:
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Bylaw Section |
Required |
Requested |
Variance |
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4.10.4 Minimum Setback From |
3.00 m |
2.13 m |
0.87 m |
to accommodate the
installation of a heat pump on the south side of the lot, as more particularly
shown on the sketch appended to Committee of the Whole agenda item #2007-259,
being a memorandum from the Director of Building and Planning dated September
25, 2007.
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Development Variance Permit –
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 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 |
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Zoning
Bylaw S. 6.5.4(2)(d) Minimum Exterior Side Lot
Line Setback, |
3.65 m |
0.61 m |
3.04 m |
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Zoning
Bylaw S. 6.5.4(7) Minimum Clear Space Between Buildings |
3.00 m |
0.61 m |
2.39 m |
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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.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the motion in
respect of the development variance permit for
CARRIED
BYLAWS:
For Adoption
Bylaw No. 4379
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That Bylaw No. 4379, Property Tax Exemption Bylaw, 2007, be adopted.
CARRIED
Bylaw No. 4383
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That Bylaw
No. 4383, Kiwanis Manor Property Tax
Exemption Bylaw, 2007, be adopted.
CARRIED
Bylaw No. 4382
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That Bylaw
No. 4382, Land Use Application Procedure
and Fee Assessment Bylaw Amendment Bylaw, 2007, be adopted.
There was further discussion
regarding the timing of this Bylaw in the context of perhaps considering a
recalculation of the amount of security to be retained for the Oak Bay Beach
Hotel development based on the proposed Bylaw, and
CARRIED
(Mayor
Causton against the motion)
There was consensus that an application
would have to be made in respect to the Oak Bay Beach Hotel in order for
Council to give consideration to refunding any portion of the previously
deposited development permit security for that property.
For Second
Bylaw
No. 4381
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the
following motion be lifted from the table:
That Bylaw No. 4381, Seventy-Fifth Zoning Bylaw Amendment Bylaw, 2007
be amended in Section 3 (a) by deleting the words “or 10% of the area of the
parcel, which ever is less”.
CARRIED
Attention was drawn to the proposed
amendment to the Bylaw, and it was noted that if adopted, the amendment would
have the effect of allowing more area for urban agriculture use on smaller
lots, which would make them more economically viable for this use by a business
such as City Harvest, based upon what representatives of City Harvest said
would be a minimum size of garden area that they would consider using for their
business.
Concerns were raised regarding the
amendment, and it was felt by some members of Council that the use of 10% of a
parcel for the urban agriculture use would be sufficient. It was also pointed
out that while such a limit might make a smaller lot uneconomic for a business
like City Harvest, it would not prevent an occupier of the property from using
the smaller area of land for urban agriculture.
The Municipal Administrator also said that the 10% limit had been
included to ensure that “small scale urban agriculture” would be a bona fide secondary
use on a standard size residential lot.
For such a lot, he felt that the flat 95 square metre limit could make
the secondary use too prominent relative to the principal residential use.
Discussion then turned to the possibility of
properties achieving “farm” status for assessment and taxation purposes. Although the amendment presently under
consideration would likely neither increase nor decrease that risk under the
regulations as they currently stood, the Municipal Administrator noted that the
bylaw itself, with or without the proposed amendment, clearly opened the door
to farm classification for certain properties.
For land of area less than 8,000 square metres, he said, it would be
very unlikely that farm status could be achieved because the gross annual “farm
gate” revenue threshold of $10,000 for agricultural produce would be difficult
if not impossible to achieve with a garden plot limited to 95 square metres, as
the bylaw proposed. For properties in
excess of that size, on the other hand, the gross annual value threshold was
only $2,500, which, he felt, could be reachable under the bylaw. By Mr. Cochrane’s reckoning, there were six
residential properties – one already classified as “farm” – large enough to
take advantage of this lower threshold.
All of these were located in the RS-1 zone, so for all intents and
purposes it was the inclusion of this zone among the areas where “small scale
urban agriculture” would be allowed that created the assessment classification
concern. The irony, of course, was that these were
the very properties where the proposed use was perhaps the most supportable
from a pure land use planning point of view, i.e., where a commercial garden of
a given size would likely be the least intrusive.
Responding to a suggestion from Council that the
regulations set out in the proposed bylaw could be changed later on if it
emerged that the new permitted use was being exploited by owners of these
larger properties for assessment and taxation purposes, the Municipal
Administrator said that such a change would not have any immediate remedial
effect due to the nonconforming use protection that the properties would
continue to enjoy.
The question on the main motion was then
called.
CARRIED
(Councillor
Braithwaite and Herbert against the motion)
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That Bylaw
No. 4381, Seventy-Fifth Zoning Bylaw
Amendment Bylaw, 2007, as amended, be read a second time.
CARRIED
For First, Second and Third Reading
Bylaw
No. 4384
MOVED by Councillor Copley
Seconded by Councillor Jensen, That Bylaw No. 4384, Financial Plan Bylaw, 2007 Amendment Bylaw No. 1, 2007, be introduced and read
a first time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Jensen, That Bylaw No. 4384, Financial Plan Bylaw, 2007 Amendment Bylaw No. 1, 2007, be read a second
time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Jensen, That Bylaw No. 4384, Financial Plan Bylaw, 2007 Amendment Bylaw No. 1, 2007, be read a third
time.
CARRIED
Bylaw
No. 4385
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4385, Capital Works and Equipment Reserve Fund
Appropriation Bylaw, Amendment Bylaw No. 1, 2007, introduced and read a first
time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4385, Capital Works and Equipment Reserve Fund Appropriation
Bylaw, Amendment Bylaw No. 1, 2007, be read a second
time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4385, Capital Works and Equipment Reserve Fund
Appropriation Bylaw, Amendment Bylaw No. 1, 2007, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That the meeting of
CARRIED
The meeting adjourned at 9:43 p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
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_______________________________ Mayor |