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: |
Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor S. F. B. Carson 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. |
MINUTES OF MEETING:
Council – August 21, 2006
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That the minutes of the Council meeting held on Monday August 21, 2006, be
adopted.
CARRIED
Committee of the Whole – September 5, 2006
Noting that a memorandum from
staff with respect to correspondence item no. 2006-321 regarding the Uplands
Building Permit and Development Variance Permit application for
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That the minutes of the Committee of the Whole meeting held on Tuesday,
September 5, 2006, and the recommendations contained therein, with the
exception of the recommendation regarding correspondence item no. 2006-321, be
adopted.
CARRIED
PRESENTATION:
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CAPITAL REGIONAL
DISTRICT Re Pilot Organic
Materials Collection Program |
(Tom Watkins, Solid Waste Planner, and Vitto Cheli,
Recycling and Waste Reduction Coordinator, Capital Regional District,
Environmental Services, in attendance for this item.)
Mr. Watkins gave an overview of the
proposed residential organic waste collection pilot program that has been developed
to test the feasibility of curbside organic waste recycling (not including yard
and garden waste) in
Statistically, in 2005 the waste diversion
rate was 33%; the goal for the Capital Regional District (CRD) is to increase
this to 60% by 2012 and 85% by 2020, said Mr. Watkins. Currently, organic waste sits at a total of
38% of the CRD waste stream and by diverting organic material the life of
Hartland landfill would be extended.
Mr. Watkins said that, as part of the
project, a wheeled composting curbside tote, three types of kitchen containers
and biodegradable bags will be supplied by CRD to participating residents. The containers will be collected bi-weekly along
with the set scheduled refuse pickup and will be disposed of daily as is the
regular household refuse. The pilot
project is expected to commence the beginning of October 2006.
Responding to questions from Council, Mr.
Watkins advised that the CRD will consider educating the public by means of
pamphlets, the CRD website, the composting hotline or possibly through door-to-door
canvassing.
With respect to questions from Council
regarding the use of in-sink disposal and backyard composting, Mr. Cochrane
advised that the goal of the pilot project is to divert waste from Hartland
landfill. In this regard, he said, residents
would be encouraged to continue with their other waste disposal practices, such
as using in-sink disposal and composting, and use the pilot program as a means
of diverting material from the garbage tote into the organic materials tote.
In response to a question from Council, the
Municipal Administrator said that the new Municipal truck will be used for this
project and that CRD has agreed to cover any costs as required including extra
labour costs. The pilot project will take
place on four of the ten refuse pickup routes, he said.
It was noted by Mr. Watkins that the
agreement between the Municipality and the CRD stated that there would be no
additional costs to the District of Oak Bay for hosting the proposed pilot
project.
Mr. Watkins responded to further questions
of Council regarding the proposed program, noting that the measure of the
success of the program would be participation, satisfaction of the
participants, the suitability of the equipment used and the amount of diversion
of waste from the landfill.
Mr. Watkins then submitted a written submission
regarding the pilot program.
MOVED by Councillor Cassidy
Seconded by
Councillor Herbert, That the Capital Regional District report on the organic
waste collection pilot project be received.
CARRIED
COMMUNICATIONS:
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1. |
2006-317 |
ROYAL Re Request for
Approval of Sunday, October
8, 2006 |
(Cathy Noel, General Manager and Bob Reid, Technical
Director, Royal Victoria Marathon, in attendance for this item.)
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
Mr. Reid noted that the
MOVED by Councillor Herbert
Seconded by Councillor Copley, That permission be
granted for the closing and occupancy of streets in
a) The event organizer executing a letter of undertaking
setting out the terms and conditions under which the occupancy and road closures
are permitted, and providing evidence of insurability in this regard;
b) The event organizer adhering to a traffic management plan
approved by the Oak Bay Police Department;
c) Sufficient advance notice being given to all property owners
along the proposed route; and
d) The event organizer assuming all responsibility for any and
all extraordinary costs incurred by the Municipality in connection with the
event.
CARRIED
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2. |
2006-318 2006-318-1 2006-318-2 |
September 7, 2006 AMAZING BALLOONS, August 29, 2006 September 11, 2006 Re Request for Revised Road
Closures – Tour de Rock Event |
It was noted that following approval of a request for
road closures and occupancy for the Business Improvement Association’s Tour de
Rock event at the August 21, 2006 Council meeting, the Association is asking
for a revision to its original road closure request to reflect the changes as
indicated in correspondence item no. 2006-318-2. In particular, the spin-a-thon is now
proposed to be located on a flat bed trailer to be stationed in the parking
lane adjacent to
Referring to the letter received by Amazing Balloons expressing concerns that the road
closure last year had significant negative impacted on its business, it was the
general consensus of Council that access to businesses should not be unreasonably
denied, and staff was requested to ensure that the traffic plan reflects that.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the revised request
for road closures and occupancies in relation to the Oak Bay Business
Improvement Association’s Tour de Rock fundraising event, as detailed in
correspondence item no. 2006-318-2, be approved, subject to all the
requirements noted in the original approval given on August 21, 2006.
The question was then called.
CARRIED
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3. |
2006-319 |
Re Request to
Consider Funding for a Full Time Coordinator for the BC Municipal Safety
Association |
MOVED by
Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence
item no. 2006-319 be tabled for further consideration following the Union of British
Columbia Municipalities Convention to be held October 24 to 27, 2006.
Responding to a question from a Council member, the
Municipal Administrator said the District of Oak Bay is not a member of the
Municipal Safety Association at this time.
The question was then called.
CARRIED
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4. |
2006-320 |
Re Request for
Grant |
Barbara Van der lee, President, of the Oak Bay Figure
Skating Club, representing
over 200 figure skaters of all ages, was in attendance to give an overview of
the not-for-profit Oak Bay Figure Skating Club’s request for funding, saying the
club relies heavily on volunteers and fundraising.
The Club, she said, will be hosting an ice show at the
Oak Bay Recreation Centre on March 17, 2007.
The cost of ice time is considerable, said Ms. Van der lee, therefore, on
behalf of the Club, she is requesting that Council provide a grant to cover the
required event and practice ice time, which is valued at approximately $1,500. The ice show is an opportunity to showcase
Beverly Romeo-Beehler, Fundraising, mentioned that the Club spends $50,000 to
$70,000 per season for ice time at the Oak Bay Recreation Centre. Ms. Romeo-Beehler noted the ice show is a
wonderful opportunity to build credibility for the Skating Club. In response to questions from Council, Ms.
Romeo-Beehler noted that the Club’s request differs from other sports groups
because of the significant amount of ice time paid for each year by the
Club.
In response to a member of Council, Ms. Romeo-Beehler
said that the majority of the Club members are from
The Municipal Treasurer, in response to questions from
Council noted that the annual budget for “one time” grant requests is usually
$1000 to cover all requests. Ms. Walker
noted that there are no ongoing grant programs for sport groups.
The Municipal Administrator indicated that the current
policy of the Parks and Recreation Commission not to waive fees arose because Council
felt it would be unfair to force the Parks and Recreation Commission to waive fees
and to forgo revenues, therefore such requests as from the Oak Bay Figure
Skating Club have been viewed as grant requests by Council.
Mr. Cochrane further advised that although the Parks
and Recreation Commission did waive rental fees for the Oak Bay Figuring
Skating Club earlier this year that was in relation to a Centennial event, and
it was, at that time, considered a one-time waiver.
After further discussion, it was felt by members of
Council that the request should be referred to the Parks and Recreation
Commission prior to making a decision on the grant request. Further information from the Parks and
Recreation Department with respect to the purchase of facility rentals by other
sports groups could also be obtained it was noted.
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That correspondence item
no. 2006-320 be referred to the
Attention was drawn to the fact that the request was
for an event to be held next year, for which the budgeting process has not yet
begun.
The question was then called.
CARRIED
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5. |
2006-321 |
DIRECTOR OF
BUILDING AND PLANNING, September 7, 2006 Re |
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That the applicant for
Attention was drawn to the memorandum from the
Director of Building and Planning, which noted that the Committee of the Whole,
on September 5, 2006, had recommended to Council that a new notification
process not be undertaken with respect to the proposed roof height change to
the plans associated with a previously approved Development Variance Permit for
The Director of Building and Planning noted that given
the input received from the neighbour, it would be advisable to request that
the owners re-apply for a development variance permit, which would lead to a
new notification process should the application proceed. Mr. Beattie also
indicated that the plans showing the increased height have already been
reviewed by the Advisory Design Panel and received a favourable recommendation.
The question was then called.
CARRIED
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6. |
2006-322 |
DIRECTOR OF
BUILDING AND PLANNING, August 29, 2006 Re |
Councillor Cassidy advised that he
would be unable to participate in the discussion of the development variance
permit application for
Councillor Carson indicated that
he would be unable to participate in the discussion on this item due to a
client of his being engaged in a business transaction with the applicants.
Councillor Cassidy and Councillor
Carson left the meeting at 8:43 p.m.
The Director of Building and Planning indicated that
the landscaping and proposed fencing for the project had been reviewed by the
Advisory Design Panel, and that the Panel did not have any issues with respect
to those aspects of the development, although the Panel indicated that the
height of the fence should be set at 3.5 feet rather than the four foot height
that was proposed by the applicant.
The observation was made that in the original
proposal, the space above the garage had been intended for storage usage, with
a lower roof. The new plans, it was
said, have a higher roof with the addition of skylights.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
correspondence item no. 2006-322 be received.
Irene Asfar, 3045 Uplands Road, reiterated that the Advisory Design Panel
had no issues with the proposed landscaping or the erection of a 3.5 foot
wrought iron fence.
The question was then called.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
the order of the agenda be varied to consider the tabled resolution with
respect to
CARRIED
TABLED:
Development Variance Permit –
MOVED by Councillor Jensen
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 3045 Uplands Road (Lot 2, Section 31,
Victoria District, Plan 5615), varying the following provisions of Bylaw No. 3531,
being the Zoning Bylaw, 1986, as
amended, with respect to the setback of a principal building:
|
Bylaw
Section |
Required |
Requested |
Variance |
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6.2.4(2)(c)
& Schedule “C” Minimum Interior
Side |
3.96 metres |
2.98 metres |
0.98 metres |
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6.2.4(2)(e)
& Schedule “C” Minimum Total of
Side |
9.75 metres |
6.58 metres |
3.17 metres |
to accommodate the renovation of a house and attached garage, as shown on the plans appended to Committee of he Whole agenda item #2006-209, being a memorandum from the Director of Building and Planning dated July 11, 2006.
The Municipal Administrator reminded Council that the
issue before it was approval of the building design, and advised Council to put
out of its mind the manner in which the request arose. Council, he said, should look at the
application as if it is the first set of plans received, and decide on whether
the plans are appropriate or not.
There was discussion regarding the proposed variance
and the view was expressed that the proposed design gives the east elevation
excessive prominence, with a higher roof that the actual residence, which is
contrary to what is acceptable in the area.
Ms. Asfar noted that the camellias planted on the east side of the property are
only two feet shorter than the peak of the roof of the garage, noting that the
vegetation will only continue to mature and that fact should be taken into
account in reviewing the plans. She also
said that one must see the building in person to appreciate the design.
Responding to questions from Council, Mr. Beattie
indicated that if the development variance permit was denied, the applicants
would be required to conform to the previously approved plans by removing the
part of the structure not built to those plans.
It was acknowledged that through the notification
process neighbours have received the new plans, and no new submissions were
received.
Further comments with respect to the higher roof line
of the garage looking out of place were noted.
The question on the motion was then called.
DEFEATED
(Councillor Braithwaite, Copley, Herbert and Jensen
against the motion)
It was noted that unless the applicants were to build
to the previously approved plans, a new application for a development variance
permit would be required, and the stop work order would remain in effect.
Responding to a question from
Councillor Cassidy and Councillor Carson returned to
the meeting at 9:12 p.m.
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7. |
2006-324 |
Re Request for
Permission for Public Park/Beach Clean-Up |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
permission be granted to the Vancouver Aquarium to conduct a litter cleanup in
public parks and beaches, specifically Willows Beach, in the District of Oak
Bay and to occupy a small portion of the Willows Beach Park parking lot to
temporarily locate a large waste material container for the litter collection on
September 21, 2006, subject to the execution of a letter of undertaking setting
out the terms and conditions under which the occupancy is permitted, and providing
evidence of insurability in this regard, and 2) assuming all responsibility for
any and all extraordinary costs incurred by the Municipality in connection with
the event.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Councillor Herbert provided an update on
the 2006 Centennial Committee’s on-going projects, noting that the Hockey Hall
of Fame event will take place this fall November 18th and 19th. The Committee was able to arrange having the
Stanley Cup at this event, he said. It
was noted that the St. Mary the Virgin Church Celebration of Chamber Music Concert will be held October 15th and the Centre’tainment
Showcase Concert at Monterey Centre is scheduled for September 29th
and 30th.
RESOLUTIONS:
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, 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 1547 Yale Street (Lot 50, Section 69,
Victoria District, Plan 859), varying the following provisions of Bylaw No.
3531, being the Zoning Bylaw, 1986, as
amended, with respect to the contextual setback of a principal building:
|
Bylaw
Section |
Required |
Requested |
Variance |
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6.5.4.(10) Front Yard |
Between 7.62 & 9.12 metres |
12.5 metres |
3.38 metres |
to accommodate the construction of a new single-family dwelling, as shown on the plans appended to Committee of the Whole agenda item no. 2006-313, being a memorandum from the Director of Building and Planning dated August 29, 2006.
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, That the
resolution in respect to the Development Variance Permit for 1547 Yale Street
be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
ADJOURNMENT:
MOVED by Councillor
Braithwaite
Seconded by Councillor Copley,
That the open portion of the meeting of Council be adjourned and that a closed
session be convened to discuss
the disposition of land as Council considers that disclosure might reasonably
be expected to harm the interests of the Municipality and litigation or
potential litigation affecting the Municipality.
CARRIED
The meeting adjourned at 9:17 p.m.
Certified Correct
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_______________________________ Municipal Clerk |
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_______________________________ Mayor |