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 Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley |
|
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. |
Mayor Causton called the
meeting to order at 7:30 p.m.
MINUTES OF MEETINGS:
Council – September 24, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That the minutes of the Council meeting held on Monday, September 24, 2007, be
adopted.
CARRIED
Committee of the Whole – October 1, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That the minutes of the Committee of the Whole meeting held on Monday, October
1, 2007, and the recommendations contained therein, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-263 2007-263-1 2007-263-2 2007-263-3 2007-263-4 2007-237 2007-237-1 2007-237-2 2007-237-3 2007-237-4 2007-237-5 2007-237-6 2007-237-7 2007-237-8 - - 2006-360 |
PHILIP WHITE,
September 14, 2007 ROYAL ROYAL JACK HARRIS,
OCTOBER 4, 2007 BARRY PHILLIPS,
October 5, 2007 PHILIP WHITE,
August 2, 2007 NEVILLE GIBSON,
September 4, 2007 GEORGE MACMINN,
September 4, 2007 JOHN CHUDYK,
September 6, 2007 PAUL THOMAS,
September 9, 2007 PETER READER,
September 6, 2007 TOM CROFT,
September 10, 2007 ATHOLL AND R.
SUTHERLAND BROWN, September 2, 2007 SAVE THE
SHORELINE OF CADBORO BAY SOCIETY, August 21, 2007 EXCERPT FROM
COUNCIL MEETING MINUTES – October 30, 2006 DIRECTOR OF
BUILDING AND PLANNING, October 24, 2006 Re Proposal from Philip White for Amendment to
Official Community Plan to Restrict Significant Expansion of Moorage
Facilities at Royal Victoria Yacht Club |
Philip White, 3525 Beach Drive, provided an overview of his request for an
amendment to the Official Community Plan (OCP) pointing out that he, along with
38 associates who are in support of his proposal, feel the OCP ought to be a
clear, unambiguous statement of policy. He said he feels an oversight has
occurred under the section in the OCP that deals with permanent moorage, and
went on to explain that in the current OCP there is wording in place with
respect to restricting moorage expansion at the Oak Bay Marina, but none for the
same purpose at the Royal Victoria Yacht Club.
Additionally, Mr. White drew attention to other
sections of the OCP that would, in his opinion, give reason to restrict the
Yacht Club’s expansion, such as ensuring maximum public accessibility and use
of the waterfront, and preserving the natural qualities of the marine
environment.
Mr. White suggested that with the proposed
moorage expansion increased parking demands would arise over and above the
parking shortage already being experienced in the vicinity of the Yacht Club.
Christine Warne, spokesperson for Royal
Victoria Yacht Club, drew
attention to the highly complex nature of the proposed moorage expansion at the
Club, noting that further information is being collected, research and
consultation is being undertaken, and ultimately, approval from the members of
the Club will be sought prior to returning with the information requested by
Council back in June 2006.
Ms. Warne noted that the Club is requesting
that Council wait for the above noted information prior to proceeding with Mr.
White’s request, noting that the Yacht Club had submitted its application prior
to Mr. White. The Club, she said, is
working in good faith to gather important information to lead to good decision
making, and once all the data is gathered, the Club will be seeking approval
for the required borrowing for the project from its members prior to making a
submission to Council. The Club’s
submission, she said, is expected to be delivered to Council in February 2008.
With respect to Mr. White’s assumption that
there was an error in the current OCP and that there should have been wording
with respect to restricting moorage expansion at the Yacht Club as there is for
the Oak Bay Marina, she noted the Club’s disagreement, saying there is no
evidence of any anomaly in this regard. There
is only the Marina and the Yacht Club with moorage facilities, she said, which
the authors of the OCP would have known, suggesting that the absence of any
wording to restrict the expansion at the Yacht Club reflects the fundamental
difference between the Marina, with the objective of making a profit, and the
yacht Club, with the objective of promoting seamanship with facilities available
for the use and benefit of members as well as for training students in sailing.
Ms. Warne went on to note that the original
plans to expand the moorage into Cadboro Bay have since been revised to move
the new births out past the current breakwater instead, which acknowledges the
concerns some have regarding expanding into the bay.
Don Thain, Chair, Moorage Expansion Special
Committee, Royal Victoria Yacht Club, responded to questions from Council with respect to
the Club’s approval process for the proposed project, noting that given the
borrowing that would be required, approval from 75% of the members would be
required.
There was discussion regarding the two
requests, and it was the view of Council that inasmuch as the Yacht Club had
submitted its application first, and was still in the process of collecting
pertinent information, Council’s October 30, 2006 resolution to consider the
two requests concurrently was a fair way to proceed.
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the
request from Philip White for an amendment to the Official Community Plan be included
on the agenda of all meetings of Council or Committee of the Whole at which the
application for an Official Community Plan, Zoning and Development Permit from
the Royal Victoria Yacht Club is to be considered.
The question was then called.
CARRIED
Mayor Causton called a two minute recess at 8:37 p.m.
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2. |
2007-264 |
KIWANIS CLUB OF Re Request for Grant for Halloween Community Event |
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That a grant to the
Kiwanis Club of
CARRIED
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3. |
2007-265 |
HERITAGE
STEERING COMMITTEE, June 14, 2007 Re Minutes of Meeting |
MOVED by Councillor Braithwaite
Seconded by Councillor Carson, That the minutes of the
Heritage Steering Committee be received.
CARRIED
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4. |
2007-266 2007-266-1 |
HENRY
MCCANDLESS, September 12, 2007 MUNICIPAL
ADMINISTRATOR, September 12, 2007 Re Equity
Statement – Proposal for Land Use Applications |
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That
correspondence items no. 2007-266 and 2007-266-1 be received.
Members of Council noted their appreciation
that the proposal from Mr. McCandless served to draw attention to the aspects
of a development proposal that should be considered by them during the review
process, although there was no appetite amongst members of Council to
incorporate the equity statement concept into the formal land use application
review process.
The question was then called.
CARRIED
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5. |
2007-267 |
Re Request for
Approval of Plans for Oak Bay Christmas Festival |
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That the closure of Oak
Bay Avenue and Hampshire Road, the occupancy of the closed roads and the front
lawn of the Municipal Hall and the various events planned, including the sales
of goods and services pursuant to the requirements of the Streets and Traffic
Bylaw, in relation to the Oak Bay Business Improvement Association Christmas
Festival, as laid out in correspondence item no. 2007-267, be approved subject
to the Oak Bay Business Improvement Association:
1) indemnifying
the Municipality against any liability arising from the staging of the events and providing evidence of adequate
insurance to cover this indemnification;
2) obtaining approval of
a traffic management plan by the Chief Constable for the District of Oak Bay
that safely accommodates diverted vehicular and pedestrian traffic;
3) assuming all responsibility for any and all extraordinary
costs incurred by the Municipality in connection with the event; and
4) with respect to the request for approval of a Fire Show,
obtaining approval from the Fire Chief for the District of Oak Bay of a plan
for the management, containment, size and location of the fire that ensures the
safety of persons and property.
And further, that approval be given for the payment of
staff overtime costs for the Business Improvement Association’s Christmas light
up event on Sunday, November 25, 2007.
Heather Leary, Project Coordinator, Oak Bay
Business Improvement Association, responding to a question regarding Christmas lights,
said that the
The question was then called.
CARRIED
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6. |
2007-268 2007-268-1 |
RAYMOND AND ELIZABETH CARTER, October 5, 2007 ANITA JOHNSON, October 5, 2007 Re Development
Variance Permit – |
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That
correspondence items no. 2007-268 and 2007-268-1 be received.
CARRIED
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7. |
2007-269 |
LINDA AND ALAN THOMSON, October 7, 2007 Re Development
Variance Permit – 2032 Esplanade |
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That
correspondence item no. 2007-269 be received.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Mayor Causton noted that the Municipality
received a plaque in recognition of
TABLED:
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, 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 2808 Dunlevy
Street (Lot 3, Block 42, Section 31, Victoria District, Plan 8777), varying the
following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, with respect to the siting of an accessory
building:
|
Bylaw Section |
Required |
Requested |
Variance |
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|
|
|
|
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6.2.4(2)(c) and Schedule “C” Minimum Interior Side |
3.00 m |
1.02 m |
1.98 m |
to accommodate the construction of a gazebo
in the north west corner of the lot, as more particularly shown on the sketches
appended to Committee of the Whole agenda item #2007-244, being a memorandum
from the Director of Building and Planning dated September 11, 2007.
CARRIED
Melanie Smith, 2808 Dunlevy Street, provided an overview of her application,
noting that the proposed gazebo is intended to house the pool equipment, which
will cut back on noise issues related to that equipment.
Bill Johnson, 2617 Dorset, noted that he is the neighbour next to
the lot line along which the gazebo would be constructed, noting his concerns
with the height of the gazebo and the shadows it would cast across his
property.
Mr. Johnson went on to note that the
applicants have also placed a heat pump between the fence from his yard and the
proposed gazebo, stating that his most serious concern is regarding the
potential for the heat pump to cause even more noise than already exists,
affecting his enjoyment of his own property.
Ms. Smith, responding to the concerns
raised, indicated that the heat pump has only been placed against the fence
temporarily, noting it has not yet been connected. Once the gazebo has been constructed, she
said, the heat pump would be housed within it.
Noting that there are noise level limits
with respect to the pool equipment, Ms. Smith confirmed that the equipment
would be placed in such as location so as to meet the requirements of the Bylaw
in this regard.
The question on the main motion was then
called.
CARRIED
Development Variance Permit – 3032 Esplanade
RESOLUTIONS:
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Copley, 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:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
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.
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That the motion in
respect of the development variance permit for
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Council
approve payment of the registration fee of $70.00 plus GST for
CARRIED
BYLAWS:
For First, Second and Third Reading
Bylaw No. 4379
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4379, Property Tax Exemption Bylaw, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4379, Property Tax Exemption Bylaw, 2007, be read a second
time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw No. 4379, Property Tax Exemption Bylaw, 2007, be read a third
time.
CARRIED
Bylaw No. 4383
MOVED by Councillor Copley
Seconded by Councillor Braithwaite, That
Bylaw No. 4383, Kiwanis Manor Property
Tax Exemption Bylaw, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Braithwaite, That
Bylaw No. 4383, Kiwanis Manor Property
Tax Exemption Bylaw, 2007, be read a second
time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Braithwaite, That
Bylaw No. 4383, Kiwanis Manor Property
Tax Exemption Bylaw, 2007, be read a third
time.
CARRIED
Bylaw No. 4382
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That Bylaw
No. 4382, Land Use Application Procedure
and Fee Assessment Bylaw Amendment Bylaw, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That Bylaw
No. 4382, Land Use Application Procedure
and Fee Assessment Bylaw Amendment Bylaw, 2007, be read a second
time.
Attention was drawn to comments made previously by the
Director of Building and Planning regarding his intention to provide a partial
refund with respect to the development permit security paid in relation to the
Oak Bay Beach Hotel redevelopment (the only development, at this time, which
would be affected by the bylaw) should the amendment be adopted.
The point was raised that the bylaw amendment allows
for Council to require an amount of security higher than that calculated in
accordance with the sliding scale where it has determined, having received
advice from a qualified professional, that the location or nature of the
project creates a demonstrable risk of damage to the environment. In this regard, it was suggested that prior
to refunding a portion of the deposit made in relation to the Oak Bay Beach
Hotel redevelopment to be in line with the bylaw amendment, if it was adopted,
the potential risks should be assessed and considered by Council, applying the
same due diligence as if considering a new development application.
Mr. Cochrane drew attention to the permitted uses of
development permit security, which are limited by statute to satisfying a
landscaping requirement, ensuring public safety, and addressing environmental
damage.
It was agreed that staff would report back to Council
following an examination of the property with respect to any potential risks
that may affect the amount of security retained for the Oak Bay Beach Hotel
property.
The question was then called.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw
No. 4382, Land Use Application Procedure
and Fee Assessment Bylaw Amendment Bylaw, 2007, be read a third
time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That the open portion of the
meeting of
CARRIED
The meeting adjourned at 9:23 p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
|
_______________________________ Mayor |