MINUTES of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal Council of The Corporation of the District of Oak Bay, held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, August 11, 2008 at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor P. Copley Councillor J. D. Herbert
STAFF:	Municipal Administrator, W.E. Cochrane Director of Building and Planning, R. Thomassen Director of Engineering Services, D. Marshall

Mayor Causton called the meeting to order at 7:30 p.m.

TRAFFIC & PEDESTRIAN SAFETY SECTION: (Chair – Councillor Copley)

1.

2008-198

DIRECTOR OF ENGINEERING SERVICES, July 8, 2008 Re Intersection Safety: Central Avenue & St. Patrick Street

Responding to a question from the Chair, Mayor Causton said that after talking to residents about safety issues, he had asked the Director of Engineering Services to look at the possibility of undertaking physical alterations to the intersection of Central Avenue and St. Patrick Street. It was his own observation, moreover, that the “layover” parking of buses on the north side of Central Avenue east of St. Patrick created a visibility problem for vehicles and pedestrians entering the intersection from the north.

Having received a written response from the Director of Engineering Services, Mayor Causton said that he had then instructed the Municipal Clerk to include the matter on the agenda for consideration by the Committee.

The engineering report showed two options for alterations, one involving curb extensions only on the east side of the intersection; the other contemplating such extensions on the west side as well. The principal object of the extensions, on the east side, at least, would be to allow drivers and pedestrians to proceed out to a point where they could see around a parked bus without coming into conflict with traffic on Central Avenue. A secondary objective would be to reduce the crossing distance for pedestrians, possibly accommodating the placement of crosswalks as well.

Mayor Causton said that although he did not feel that the benefit of extending the curbs on the west side of the intersection justified the cost, he did feel that carrying out this work on the east side would effect a worthwhile safety improvement. The cost of the latter, he noted, had been estimated at $9,700.

In response to a question from Mayor Causton, the Municipal Administrator said that there was sufficient money in the Traffic Calming budget to fund the extension of the curbs on the east side of the intersection as shown on the plan attached to correspondence item no. 2008-198 and marked “Option 1”.

In discussion on the proposal, the other members of the Committee said they were not convinced that there was any particular safety hazard at this intersection that would warrant the suggested alterations. It was also noted that the work would eliminate a parking space in an area where the traffic generated by local businesses was putting increased pressure on street parking. At the same time, however, it was noted that three Committee members were absent from the meeting, and that in order to give the proposal a proper airing a final decision on a recommendation to Council could be deferred to a future meeting.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That correspondence item no. 2008-198 be tabled.

CARRIED

2.

2008-199

DIRECTOR OF ENGINEERING SERVICES, August 7, 2008 Re Monterey/St. Ann Corridor Bicycle Lane Feasibility

The report from the Director of Engineering Services had been produced in response to direction from the Committee earlier in the year that staff investigate the feasibility of “part-time” bicycle lanes on the Monterey/St. Ann corridor from Bowker Avenue to McNeill Avenue. The rationale for ordering the investigation had been the apparent increase in bicycle traffic volume associated with the conversion of Monterey Elementary School to Monterey Middle School. As a middle school, the institution generated much more bicycle traffic than it did as an elementary school. Furthermore, the conversion also appeared to have increased bicycle traffic generated by Willows Elementary School, as it now drew students from south Oak Bay who were no longer within walking distance of their school.

The Director of Engineering Services observed that there was insufficient road width to accommodate both street parking and bicycle lanes at any point along the proposed route, and that in the portion south of Brighton Avenue the width of the bicycle lanes would be well below accepted traffic engineering standards even with parking prohibited on both sides during the peak commuting times.

Mr. Marshall noted that the narrowest section of Monterey Avenue could possibly be bypassed by introducing a jog over to Hampshire Road, which was wider, but he felt that any safety benefit conferred by the increased bicycle lane width would be more than offset by the conflicts with vehicle traffic that would be introduced by the required left turns.

In keeping with the “part-time” concept that had been envisaged by the Committee’s referral, the proposal was to prohibit parking on both sides between 7 a.m. and 9 a.m., and between 2 p.m. and 4 p.m.

Jill Croft, 2648 Burdick Avenue, spoke in favour of establishing bicycle lanes wherever possible in order to encourage this form of transportation. She observed, however, that even without bicycle lanes, she did not feel uncomfortable cycling on the narrower portion of Monterey Avenue at present.

Sandi Piercy, 976 Monterey Avenue, said that she had children who bicycled to Willows Elementary School. Many parents, however, drove their children to school, with the result that the streets near Willows Elementary were very congested with parking and traffic at peak pick-up and drop-off times. A safe cycling route, she remarked, might help to alleviate this situation. At present, she felt that the portion of Monterey Avenue between McNeill and Brighton was particularly uncomfortable for cycling due to the combination of parked cars and narrow width.

Paula Sobie, 2246 Bowker Avenue, said that she also had children who attended Willows School and could confirm the previous speaker’s comments about the number of children driven to school, due in large part to parents’ safety concerns of one type or another. She said that she served on a “Safer School Travel Committee” at the School and would support anything that could be done to enhance safety for children getting to school on their own.

Mayor Causton suggested that with the creation of bicycle lanes obviously not straightforward from either an engineering or a parking regulation point of view, a useful first step might be to erect “Share the Road with Bicycles” signs along Monterey, of the sort that had already been used on the north portion of Henderson Road.

Given the significant implications of the bicycle lane concept for the availability of street parking, the Committee felt that residents along the Monterey/St. Ann corridor should be canvassed for their views on the idea.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That it be recommended to Council that staff distribute a questionnaire to residents of properties on St. Ann Street and Monterey Avenue between Bowker Avenue and McNeill Avenue, soliciting their views on the bicycle lane concept and asking for any other comments on bicycle safety along this route.

CARRIED

3.

2008-200

JACK SUTHERLAND, July 10, 2008 Re Parking on St. Ann Street

Speaking to his letter, Jack Sutherland, 1963 St. Ann Street, said that his recent observations suggested that the difficulty he was encountering with parking in front of his house seemed to be due in large part to overflow parking from the nearby Oak Bay Tennis Club.

Mr. Sutherland observed that there was room for five cars along the Club’s Bowker Avenue frontage, and a similar number along its Cavendish Avenue frontage. He questioned whether it was necessary, therefore, for Club members to park in front of other properties. His views in this regard were reinforced by the Club’s own regulations, which stated that “Parking on Cavendish is preferred – Club side of the street only. Bowker [Avenue] is a fire truck and bus route. Parking is not permitted on St. Ann or on Bowker west of the Club property.”

With Mr. Sutherland having identified the Oak Bay Tennis Club as the primary source of his parking difficulties, Mayor Causton and Councillor Herbert stated that they were members of the Club, which created a potential conflict, although not in the sense that there was any pecuniary interest within the meaning of the Community Charter.

Mr. Sutherland suggested that it might be effective for the Municipality to write to the Tennis Club, asking that it either reinforce or alter its existing rules as necessary, to clarify for its members that neither side of St. Ann Street was to be used for Club-related parking.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That it be recommended to Council that a letter be written to the Oak Bay Tennis Club, pointing out the parking problem that had been brought to the Municipality’s attention by a St. Ann Street resident, and asking that the Club communicate with its members to reinforce the requirement that they endeavour to limit their parking to the Club’s frontage along Bowker Avenue and Cavendish Avenue.

CARRIED

PUBLIC WORKS SECTION: (Chair – Councillor Herbert)

4.	2008-201	DIRECTOR OF ENGINEERING SERVICES, August 7, 2008
	2008-201-1	ABSTRACT DEVELOPMENTS INC., June 24, 2008 Re Boulevard Encroachment Application – 2035 Edgecliffe Place

It was noted that part of the boulevard for which permission to maintain an encroachment was being sought was located within the City of Victoria.

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That it be recommended to Council that permission be granted for an encroachment onto part of the District of Oak Bay portion of the Foul Bay Road boulevard adjacent to Strata Plan No. VIS6302 (Edgecliffe Place), limited in form and extent to the plantings shown on the said portion of the boulevard on the landscape plan appended to correspondence item no. 2008-201-1, subject to the Owners entering into the standard form of boulevard encroachment agreement with terms including but not limited to the conditions set out in correspondence item no. 2008-201.

CARRIED

LAND USE SECTION: (Acting Chair – Mayor Causton)

5.

2008-202

DIRECTOR OF BUILDING AND PLANNING, July 30, 2008 Re Development Variance Permit Application – 2075 Kings Road

MOVED by Councillor Herbert

Seconded by Councillor Copley, That a resolution authorizing the issuance of a development variance permit for 2075 Kings Road as outlined in correspondence item no. 2008-202 be prepared and brought forward to Council for consideration.

CARRIED

6.

2008-203 2008-203-1 2008-203-2 2008-203-3 2008-203-4

DIRECTOR OF BUILDING AND PLANNING, August 7, 2008 ROBERT DURIE, December 12, 2007 PATRICIA LORTIE, February 26, 2008 NORMA BAYS, January 21, 2008 ROBERT & ELSIE JOHNSON [undated] Re Uplands Building Permit Application/Development Variance Permit Application – 2770 Thorpe Place

The Director of Building and Planning explained that the plans for the redevelopment of 2770 Thorpe Place had been much altered from those which had created a number of neighbourhood concerns when first presented in 2007.

Elaborating on the revisions, Brian Morris, Architect, speaking on behalf of the applicant, confirmed that the new dwelling was proposed to be relocated relative to the original plan, and that its size had been reduced by 2,200 square feet. The accessory “pool house” building, moreover, had been eliminated from the plan. Although, Mr. Morris observed, the relocation of the principal building was being proposed to accommodate the concerns of neighbours, the new siting was also responsible for several of the requested variances.

The Committee having noted that one of the requested variances was for the height of a chimney associated with a proposed barbecue, Mr. Morris explained that the fuel source would be gas as permitted by the Fire Regulation Bylaw.

Mr. Morris explained that the plan approval process had heightened the awareness of property owners in the area with regard to the potential effect of redevelopment on some of the amenities that they now enjoyed. In that regard, he understood that they had agreed to enter into a reciprocal restrictive covenant imposing certain development restrictions for their mutual benefit.

John Murray, 2790 Thorpe Place, confirmed that he was satisfied with the revised plans for the redevelopment of 2770 Thorpe Place; he said he was confident that he spoke for the other affected neighbours in that regard as well.

MOVED by Councillor Copley

Seconded by Councillor Herbert, That it be recommended to Council that the plans for the construction of a new dwelling and other structures at 2770 Thorpe Place be approved as to siting and architectural design, subject to the issuance of a development variance permit, and further that a resolution authorizing the issuance of a development variance permit as outlined in correspondence item no. 2008-203 be prepared and brought forward to Council for consideration.

CARRIED

7.

2008-204

MUNICIPAL ADMINISTRATOR, June 24, 2008 Re Land Use Regulations for Outdoor Produce Markets

The Committee noted that the proposed land use regulations for outdoor “pocket” produce markets did not alter the existing rules for markets located on public streets in commercial areas, where pursuant to the Streets and Traffic Bylaw, Council could approve market events considerably larger than those envisaged in the Zoning Bylaw amendments outlined in the memorandum from the Municipal Administrator.

Paula Sobie, 2246 Bowker Avenue, owner of City Harvest, thanked the Committee for the permission already granted for the public market located in the Estevan Village area. She said that the market had been well received, and that it appeared to complement rather than compete with established businesses, who seemed to be pleased with the activity that it generated.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Official Community Plan and Zoning Bylaw amendments required to accommodate outdoor produce markets in a variety of zones as outlined in correspondence item no. 2008-204 be forwarded to Council for formal introduction.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert , That the meeting of Committee of the Whole be adjourned.

CARRIED

The meeting adjourned at 8:35 p.m.

Certified Correct:

D/Municipal Clerk	Chair, Traffic & Pedestrian Safety Section
A/Chair, Land Use Section	Chair, Public Works Section