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 S. F. B. Carson (Acting
Mayor) Councillor H. Braithwaite Councillor A. R. Cassidy Councillor P. Copley 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 Mayor
Carson called the meeting to order at 7:30 p.m.
MINUTES OF
MEETINGS:
Council –
September 10,
2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Copley, That the minutes of the Council meeting held on Monday, September
10, 2007, be adopted.
CARRIED
Committee of the Whole – September 17, 2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Copley, That the minutes of the Committee of the Whole meeting held
on Monday, September 17, 2007, and the recommendations contained therein, be
adopted.
CARRIED
REPORTS OF MEETING:
Public Hearing – September 10, 2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Copley, That the report of the Public Hearing held on Monday,
September 10, 2007, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-252 2007-252-1 |
CAPITAL REGIONAL
DISTRICT, September 20, 2007 SUPERINTENDENT
OF PUBLIC WORKS, June 14, 2007 Re Kitchen
Organic Waste Pilot Program |
Anke Bergner,
Solid Waste Planner,
Capital Regional District,
provided a power point presentation demonstrating the kitchen organic waste
pilot program in
At this time, Ms. Bergner said, the
Capital Regional District Solid Waste Environmental Services Department is
requesting that Council approve the extension of the pilot program in
Ms. Bergner indicated that with Oak
Bay Council’s approval of the extension the Capital Regional District Solid
Waste Environmental Services Department will submit a full report to the
Capital Regional District Environmental Committee in October when it will be
seeking 2008 funding approval for a one year extension of the pilot program.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That approval
be given to extend, for up to one year, the Capital Regional District’s kitchen
waste recycling pilot program, provided that such participation is at no
additional cost to the District of Oak Bay.
CARRIED
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2. |
2007-253 |
W. F. MOORE,
August 27, 2007 Re Request to
Undertake Work on Trees Protected by Restrictive Covenant – |
Bill Moore, 578 Island Road, was in attendance to answer any questions
Council might have regarding his request to have work done on private trees on
his property at
It was noted that although the requested
tree work would normally be approved by permit under the Tree Protection Bylaw,
in this circumstance, Council approval is required pursuant to the terms of the
covenant in relation to this property.
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That pursuant
to the restrictive covenant registered against the property, approval be given to
carry out the requested tree work, as outlined in the attached correspondence (item
no. 2007-253), at 578 Island Road, subject to compliance with the Tree
Protection Bylaw.
CARRIED
|
3. |
2007-254 |
PENINSULA
RUNNERS, August 26, 2007 Re Request for
Road Closures for 2008 |
Dave Milne, Peninsula Runners, noted that although the event went well
last year, the date has been moved so as not to fall on a long weekend in the
hopes of encouraging more registrants.
Responding to a member of Council,
Mr. Milne noted that the beneficiary of the fundraising event is the Help Fill
a Dream Foundation, noting that $5,000 was presented to the Foundation following
the 2007 event in May.
MOVED by Councillor Jensen
Seconded by Councillor Copley, 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.
CARRIED
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4. |
2007-255 - - |
CAPITAL REGIONAL
DISTRICT, September 5, 2007 EXCERPT FROM COUNCIL MEETING MINUTES,
June 11, 2007 Re Pesticide Use
Reduction Education Initiative – Request for Funding |
It was noted that the Capital Regional
District (CRD) is seeking funding for its Pesticide Use Reduction Education initiative. The funding being requested from
While there were some concerns raised
regarding the increasing number of grant-type funding requests coming from the Capital
Regional District versus through the annual property tax requisition paid to
the Capital Regional District from
MOVED by Councillor Jensen
Seconded by Councillor Copley, That funding
for the educational component of the Capital Regional District Pesticide Use
Reduction Education campaign be included in the provisional budget for 2008.
It was suggested that inasmuch as there
does seem to be a trend regarding funding requests from the Capital Regional
District outside of the tax requisition, it may be desirable to ask Mayor
Causton to address this issue with the Capital Regional District Board.
The question was then called.
CARRIED
(Councillor
Cassidy against the motion)
|
5. |
2007-256 2007-256-1 |
KIWANIS CLUB OF MUNICIPAL
ADMINISTRATOR, September 20, 2007 Re Application
for Permissive Tax Exemption – |
Staff noted that it was recently brought to
the Municipality’s attention that the entire property at
Kiwanis Manor was made aware of this and
has since submitted an application for a permissive tax exemption for the land
surrounding the building.
Fred Cornborough, Past President, Oak Bay
Kiwanis Housing Society, 2075 Milton Street, was in attendance to support his letter requesting a
tax exemption for
Mr. Cornborough expressed his concern for
the residents, saying that the Kiwanis Manor is a reasonably economical home
for 69 low income senior citizens to reside, and that it would be a hardship
for the residents to absorb property tax costs.
The Municipal Administrator drew attention
to the fact that this is an unusual situation for Council in that the
Municipality has never granted a “permissive” property tax exemption for a
seniors’ housing development before, and pointed out some of the unique aspects
of the Kiwanis Society’s application, as noted in his memorandum. Mr. Cochrane also drew attention to the fact
that there are a number of other properties which could make a similar
application for a property tax exemption, which should be taken into account when
considering this request, he said. Should Council decide to grant a permissive
exemption, said Mr. Cochrane, it is important that Council be able to draw a
bona fide distinction between the Kiwanis Manor situation and others in the
Municipality, if it is not prepared to grant exemptions to other senior’s
housing developments.
Prior to Council considering granting an
exemption, staff was requested to prepare a report with respect to existing senior’s
housing complexes and their associated taxes to be brought forward to either
the next Committee of the Whole or Council meeting for review.
The Municipal Administrator noted the deadline
of October 31st, 2007 for permissive property tax exemption bylaws
to be adopted to apply to the 2008 taxation year. Mr. Cochrane advised that, in order to
accommodate the deadline, a draft bylaw would also be prepared and brought
forward to the next meeting of Council, if the staff report does not come
forward to Committee of the Whole prior to that, in the event Council wishes to
move forward with the exemption.
MOVED by Councillor Copley
Seconded by Councillor Jensen, That a staff
report with respect to senior’s housing complexes and the associated taxes be
brought forward to Committee of the Whole or Council for consideration.
CARRIED
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6. |
2007-257 2007-257-1 |
C. M. HOWARD, September 12, 2007 GARRY AND LYNN RAI, September 12, 2007 Re Proposed Heritage Revitalization Agreement
Amendment – |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That
correspondence items no. 2007-257 and 2007-257-1 be received.
CARRIED
REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:
It was noted that the Capital Regional
District Board Alternates, Councillor Carson and Councillor Cassidy, each
attended meetings that saw funding approval given for a major expansion to the
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Councillor Braithwaite said it was
announced at the Oak Bay Child and Youth Committee meeting that Sgt. Rob Smith
of the Oak Bay Police Department was honoured for his work as a school and
community liaison officer for
MOVED by Councillor Jensen
Seconded by Councillor
Braithwaite, That a vote of thanks be extended on behalf of Council to Sgt.
Smith for his dedication as a school and community liaison officer for
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 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.
CARRIED
The question on the main motion was then
called.
CARRIED
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 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.
CARRIED
The question on the main motion was then
called.
CARRIED
RESOLUTIONS:
Development Variance Permit –
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, 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 |
|
|
|
|
|
|
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.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the motion in
respect of the development variance permit for
CARRIED
Development Variance Permit – 2032 Esplanade
MOVED by Councillor Jensen
Seconded by Councillor Copley, 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.
MOVED by Councillor Jensen
Seconded by Councillor Copley, 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 Permit –
Councillor Braithwaite declared a conflict inasmuch
as she is employed by Coast Capital Savings, the main tenant at
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the Director of
Building and Planning be authorized to do all acts and things necessary to
issue a Development Permit with respect to 2067 Cadboro Bay Road (Lot A,
Section 28, Victoria District, Plan 28772) (the “Land”) to allow the
modifications to the principal building and signage on the Land as shown on the
plans appended to Committee of the Whole agenda item #2007-249, being a
memorandum from the Director of Building and Planning dated September 10, 2007.
CARRIED
Councillor Braithwaite returned to the meeting at 8:27
p.m.
The
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the District of
Oak Bay sign on as a signatory local government to the British Columbia Action
Charter between the Province of British Columbia, the Union of British Columbia
Municipalities (UBCM) and other signatory local governments, as described in a
memorandum from UBCM dated September 6, 2007 and attached to the resolution
printed for the purposes of the September 24, 2007 Council meeting.
CARRIED
December Meeting Schedule
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That Council’s
regular meeting schedule be suspended for the month of December 2007, and that
the following schedule be substituted:
Committee of the Whole December 10, 2007 @ 7:30 p.m.
Council December 17, 2007 @ 7:30 p.m.
CARRIED
BYLAWS:
For Adoption
Bylaw No. 4377
MOVED by Councillor Cassidy
Seconded
by Councillor Braithwaite, That Bylaw No. 4377 UVic Pumping Station Transfer Agreement Authorization Bylaw, 2007, be adopted.
CARRIED
Bylaw No. 4380
MOVED by Councillor Cassidy
Seconded
by Councillor Braithwaite, That Bylaw No. 4380, Ticket Information Utilization Bylaw Amendment Bylaw No. 6, 2007, be adopted.
CARRIED
For First and Second Reading
Bylaw
No. 4378
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw
No. 4378,
Heritage Revitalization Agreement
Amendment Authorization Bylaw, 2007, be introduced and
read a first time.
CARRIED
Reference was made to the letters
considered earlier on the agenda with respect to the proposed Heritage
Revitalization Agreement amendment, and it was noted that a Public Hearing
would have to be held should Council move forward with the process, which would
provide an opportunity for the writers to be heard.
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That Bylaw
No. 4378,
Heritage Revitalization Agreement
Amendment Authorization Bylaw, 2007, be read a second
time.
CARRIED
Bylaw
No. 4381
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That
Bylaw No. 4381, Seventy-Fifth Zoning
Bylaw Amendment Bylaw, 2007, be introduced and
read a first time.
CARRIED
A member of Council noted the
restriction of the agricultural use to 10% of the area of the parcel would be
quite restrictive for smaller properties and would not allow enough agriculture
area to accommodate an operation like City Harvest’s, and suggested the Bylaw
be amended to remove that restriction.
MOVED by Councillor Jensen
Seconded by Councillor Copley,
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”.
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, That the
motion be tabled until late October when a full complement of Council members are
in attendance.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That the open portion of the
meeting of
CARRIED
The meeting adjourned at 8:43 p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
|
_______________________________ Acting Mayor |