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 A. R. Cassidy (Acting
Chairman) Councillor H. Braithwaite Councillor P. Copley Councillor J. D. Hebert 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. |
Pursuant to Section 130 of the Community
Charter it was the consensus of the attending Council members that Councillor Cassidy
be designated as Acting Chairman for the regular meeting of Council.
Acting Chairman
Cassidy called the meeting to order at 7:58 p.m.
It was the
consensus of Council to amend the order of the agenda to bring forward Bylaw No. 4374, Seventy-Fourth Zoning Bylaw Amendment
Bylaw, 2007 following adoption of the minutes of the meetings.
MINUTES OF
MEETINGS:
Council –
August 20,
2007
MOVED by
Councillor Herbert
Seconded by
Councillor Copley, That the minutes of the Council meeting held on Monday, August
20, 2007, be adopted.
CARRIED
Special
Council – September 4,
2007
MOVED by
Councillor Herbert
Seconded by
Councillor Braithwaite, That the minutes of the Special Council meeting held on
Tuesday, September 4, 2007, be adopted.
CARRIED
Committee of the Whole – September 4, 2007
MOVED by
Councillor Herbert
Seconded by
Councillor Braithwaite, That the minutes of the Committee of the Whole meeting
held on Tuesday, September 4, 2007, and the recommendations contained therein,
be adopted.
CARRIED
BYLAWS:
For Third
Bylaw No. 4374
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That Bylaw
No. 4374, Seventy-Fourth Zoning Bylaw Amendment Bylaw, 2007, be read a third
time.
Regarding the zoning amendment that would
permit the proposed relocation of the Oak Bay Village VQA Wine Store to
The question was then called.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That Bylaw
No. 4374, Seventy-Fourth Zoning Bylaw Amendment Bylaw, 2007, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-236 2007-236 -1 |
ROYAL Re Request for Approval of |
(Cathy Noel, General Manager, Royal
Victoria Marathon, in attendance for this item.)
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
permission be granted for the closure and occupancy of the same streets in
1) the event organizers indemnifying the Municipality from any
liability in connection with the staging of the event;
2) approval
of a traffic management and marshalling plan approved by the Oak Bay Police Department;
3) the event organizers assuming all responsibility for any and
all extraordinary costs incurred by the Municipality in connection with the
event;
4) sufficient notice being given by the event organizers to all
property owners along the proposed route.
Responding to questions from
Council, Ms. Noel indicated that the route is the same as last year and that
notice would be given to all residences along the
Ms. Noel noted that the event
incorporates rolling road closures and openings as the race progresses limiting
the time a section of the road is closed.
In response to Councillor Herbert
asking if the event organizers would be contacting Gail Shore regarding her
letter (correspondence item no. 2007-236-1) that expresses concern of being a
‘prisoner in her home’ during the marathon, Ms. Noel was unaware of the letter
but assured Council a Marathon representative would contact Ms. Shore with
respect to the concerns as outlined in the letter.
The question was then called.
CARRIED
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2. |
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, 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 Application for Official Community Plan Amendment
Regarding |
Councillor Herbert declared a
conflict inasmuch as his presence could be a perceived bias, as he is a member
of a Saanich Peninsula Yacht Club with reciprocal privileges with the Royal
Victoria Yacht Club, indicating that he would be unable to participate in
discussion or vote on the matter. Councillor
Herbert left the meeting at 8:15 p.m.
Acting Chairman Cassidy queried
whether or not it would be pre-emptive to consider Mr. Philip White’s application
at this time as the Royal Victoria Yacht Club had been requested at a previous
meeting to provide further information regarding its competing application for
an Official Community Plan amendment, zoning amendment and development permit
regarding expansion of the Royal Victoria Yacht Club and apparently is in the
process of doing so.
The Municipal Administrator
explained that it is an unusual situation to have competing Official Community
Plan applications before Council for cross purposes. When Mr. White’s application was first put
before Council in 2006, he said, Council chose to consider the two applications
at the same time. The question now would
be whether Council should deal with the two opposing applications separately or
at the same time, said Mr. Cochrane.
Mr. Cochrane noted that a year has
elapsed since the Royal Victoria Yacht Club first submitted its application and
apparently the Club is not yet in a position to provide the details that are
needed even to post required signage in relation to the application process.
In terms of Council’s options, Mr.
Cochrane proposed three possibilities.
The first described by Mr. Cochrane would be to continue on the current
path of considering the applications together.
Council’s second option would be to deny Mr. White’s application. The third option would be to proceed to the
Committee of the Whole level for further consideration of Mr. White’s
application, and notify the Yacht Club in this regard. Committee
of the Whole would at that time receive a memorandum from the Municipal Clerk
regarding public consultation options for consideration. It would be relevant, said Mr. Cochrane, to
hear from the Yacht Club as to what stage it is at with respect to its
application.
It was the view of a member of
Council that it would be unfair to unduly deny hearing from Mr. White because
Council is waiting for the Yacht Club to provide more information on its application,
and it was suggested that Council consider proceeding with Mr. White’s
application unless the Yacht Club is ready to proceed in the near future.
Further discussion ensued
regarding whether or not to hear from Mr. White at this time or to provide more
time for the Royal Victoria Yacht Club to finalize its application then hear
from both applicants at the same time regarding the opposing proposed amendments
to the Official Community Plan.
MOVED by Councillor Jensen, That
Mr. White’s application of an amendment to the Official Community Plan be
referred to Committee of the Whole.
Motion failed due to the lack of a
seconder.
It was agreed that, with this
being a significant issue, having a full Council in attendance would be
desirable, and that consideration from Mr. White’s application should be
deferred to a future meeting of Council when this could be accomplished, and
both Mr. White and the Royal Victoria Yacht Club could be heard at that time.
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That
the application to amend the Official Community Plan be deferred to a future
meeting of Council.
CARRIED
(Councillor Jensen against the motion)
Councillor Herbert returned to the meeting
at 8:30 p.m.
|
3. |
2007-238 2007-238-1 |
CITY HARVEST, August 10, 2007 JOYCE LEVY, August 22, 2007 Re Application for Zoning Bylaw Amendment to Permit
Agricultural Use on Residential Properties |
Responding to questions with
respect to the request to amend the Zoning Bylaw to permit an agricultural use
on residential properties, the Municipal Administrator noted that although
there could be the potential for farm classification for some properties under
the Assessment Act should such a use be permitted, a decision to allow it
should be made from a land use planning point of view and not based on the size
of a lot which would trigger various farm revenue thresholds in relation to
farm classification.
Mr. Cochrane advised that
should Council wish to see such a small scale agricultural use permitted, it
would be possible to draft a bylaw in that regard, however, at this time there
have been no complaints with respect to farming on residential properties and
staff is unaware of any properties where such a use is being undertaken.
Council, noted Mr. Cochrane,
also has the option to consider taking no action at this time, which would
avoid a situation where properties might qualify for farm classification, but
which is not ideal in terms of non-enforcement of the regulations.
There was discussion regarding
the request by City Harvest and it was the general view of Council that such an
initiative could be supportable as an innovative use of land that would
positively impact the environment, and that having staff draft a bylaw to
accommodate such a use for review would be desirable. In this regard, Mr.
Cochrane noted that information from the applicants with respect to their
operation would be useful in order to assist with drafting a bylaw.
Martin Scaia, 2246 Bowker
Avenue, provided an
overview of City Harvest’s operations, saying it is a small scale urban
agriculture business that uses suitable residential properties of willing
homeowners to grow organic produce for which the homeowner receives a small
share of the harvest, to set up an efficient composting system and to maintain
garden areas. The produce is then sold to local distributors, he said.
Mr. Scaia answered questions from
Council regarding the process of generating a garden plot and the regulations
that apply to the business. He noted
that City Harvest focuses on growing local produce following organic gardening
standards, although due to the cost of organic certification, it has not been
sought. Mr. Scaia noted that City
Harvest has agreements with property owners not to use chemical sprays on
surrounding trees and lawns and soil testing is undertaken.
MOVED by Councillor Jensen
Seconded by Councillor Copley,
That staff be requested to provide a report and draft bylaw with respect to the
application to amend the Zoning Bylaw to permit agricultural use on residential
properties for consideration by Committee of the Whole.
The discussion turned to the
possible impact of the business on neighbouring properties, such as increased
traffic and noise, and Mr. Scaia confirmed that rototillers are used. Mr. Scaia went on to note that they typically
produce $100 worth of produce from a 25 feet x 2 feet piece of land, and that City Harvest currently
is working twelve such plots of land at this time. With respect to possible complaints regarding
the number of employees, he confirmed there are no plans to expand the home
based business at this time, nor is it planned to take on more than 20,000
square feet of land.
CARRIED
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4. |
2007-239 |
JILL CROFT, September 9, 2007 Re Tod House Lease (fixed term tenancy) – |
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That correspondence item no. 2007-239 be received.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Councillor Jensen drew attention
to the number of idling vehicles that stop at the
Councillor Braithwaite invited Members of
Council to attend a luncheon Thursday, September 20, 2007 hosted by the Oak Bay
Child and Youth Committee to meet with local schools, community groups,
RESOLUTION:
Tod House Lease (fixed term tenancy) –
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That authorization be given for the disposition of property located at 2564 Heron Street (Tod House), legally
described as Amended Lot 26 (DD 225937I), Block 9, Section 2, Victoria
District, Plan 379 and Lot 27, Block 9, Section 2, Victoria District, Plan 379
by way of a lease (fixed term tenancy) for a period of one year from October 1,
2007 to September 30, 2008 to Roger and Catriona Charles for the rent of $1,195
per month.
It was noted that currently Tod House is jointly owned by the
Province of British Columbia and the District of Oak Bay, and it was suggested
by members of Council that although a Free Crown Grant application process is
underway to grant the Province’s share to the District of Oak Bay, the long
term use of the property should be reviewed some time in the future, following
the conclusion of the Free Crown Grant process.
With respect to ensuring the
preservation of Tod House, the Municipal Administrator advised that there is a
protocol in place to deal with any proposed work on the building which includes
consultation with a member of the Heritage Advisory Panel beforehand. It was further noted that a member of the
Heritage Advisory Panel was involved in the process of recommending a tenant
for Tod House. Mr. Cochrane further
advised that the provision of basic yard maintenance has been incorporated into
the rental agreement, with an increase in rent to reflect that.
The question was then called.
CARRIED
Development Variance Permit –
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the Director of Building and Planning be authorized to issue a development
variance permit with respect to 1745 St.
Ann Street [LOT 1, SECTION 61, VICTORIA DISTRICT, PLAN 8902], which would
vary the requirements of Bylaw No. 3531, Zoning
Bylaw, 1986, as follows:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.4.4.(4) Maximum (Accessory Structures) |
5% |
13.38% |
8.38% |
to permit the construction of an in ground
pool and patio area in accordance with the plans considered by Committee of the
Whole on September 4, 2007.
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the resolution in respect to the Development Variance Permit for 1745 St.
Ann Street be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
Development Variance Permit –
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the Director of Building and Planning be authorized to issue a development
variance permit with respect to 843
Newport Avenue [LOT A (DD ET51389), BLOCK 1, SECTION 73, VICTORIA DISTRICT,
PLAN 992], 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 |
0.0 metres |
3.0 metres |
to permit the construction of a roofed
gazebo, in accordance with the plans considered by Committee of the Whole on
September 4, 2007.
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the resolution in respect to the Development Variance Permit for 843
Newport Avenue be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
Appointment of Animal Control Officer
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the following
§
Mario
Dubois
CARRIED
BYLAWS:
For Adoption
Bylaw No. 4375
MOVED by Councillor Herbert
Seconded
by Councillor Copley, That Bylaw No. 4375, Fireworks
Regulation Bylaw, 2007, be adopted.
CARRIED
(Councillor Braithwaite and Jensen against the motion)
Bylaw No. 4376
MOVED by Councillor Herbert
Seconded
by Councillor Copley, That Bylaw No. 4376, Ticket
Information Utilization Bylaw Amendment Bylaw No. 5, 2007, be adopted.
CARRIED
For First, Second, and Third Reading
Bylaw
No. 4380
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That Bylaw No. 4380, Ticket Information
Utilization Bylaw Amendment Bylaw No. 6, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That Bylaw No. 4380, Ticket Information
Utilization Bylaw Amendment Bylaw No. 6, 2007, be read a second time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That Bylaw No. 4380, Ticket Information
Utilization Bylaw Amendment Bylaw No. 6, 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 9:21 p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
|
_______________________________ Acting Chairman |