MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
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PRESENT: |
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
Clerk, L. Hilton Director
of Engineering Services, D. Confidential
Secretary, K. Green |
PRESENTATION:
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CAPITAL
REGIONAL DISTRICT Re Core
Area Wastewater Management Program Overview |
(Dwayne Kalynchuk, General Manager,
CRD Environmental Services, in attendance
for this item)
Mr. Kalynchuk, Capital
Regional District (CRD), was in attendance to provide a visual presentation overview
regarding the Core Area Wastewater Management Program following the directive
of the Province that the CRD expedite the process of implementing sewage
treatment for the areas covered by the Core Area Liquid Waste Management Plan.
Attention was
drawn to the CRD’s process in developing a strategic direction for wastewater
management that takes into consideration development patterns, the coastal
geography, the existing infrastructure with its wet weather flow issues, and
opportunities for future water reuse.
Mr. Kalynchuk
commented on the response documents submitted to the Minister, saying they
included a reader friendly supporting report, a concise technical document
proposed to amend the liquid waste management program and a public education
and consultation initiative strategy.
Mr. Kalynchuk
described each of the four key elements of the program, which are source
control, distributed wastewater treatment, water reuse, resource recovery, and
wet weather flow management. He went on
to point out potential wastewater management treatment plant sites, and the
estimated costs of the project to 2015.
There was discussion
around whether or not the amended plan would affect the Province’s directive
with respect to twinning the Uplands sewer system. It was noted that to
this point, there has been no response from the Province following the CRD’s submission
to the Minister regarding the amended plan, so no other direction has been
given from the Province in that respect.
Questions arose
regarding how the benefits of the program would be measured, and what the cost
of the current wastewater management problem is compared to the cost of the
proposed solution, taking into account all of the impacts, such as
environmental and financial costs of each.
Mr. Kalynchuk indicated
that no directive was received from the CRD Board in this regard that would
provide such a comprehensive comparison, however, operating costs would be
analyzed, and the existing system will likely be analyzed with respect to
greenhouse gas emissions. He went on to note that as the region does not
meet the requirements of the Province as laid out in the Municipal Sewer
Regulation, the CRD is compelled to move forward with treatment in any event.
Concerns were expressed
by members of the Committee regarding what the actual benefits of the program
would be, once all costs and benefits were taken into account, and the view was
expressed that Council remains to be convinced of the necessity of the program
in this regard.
In response to further
questions, Mr. Kalynchuk indicated that information with respect to costs to
the District of Oak Bay along with other aspects of the program will be
forwarded to Council as the process moves forward.
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1. |
2007-212 |
CAPITAL
REGIONAL DISTRICT, June 22, 2007 Re |
(Jeff Ward, Assistant
General Manager, CRD Parks, in attendance for this item)
Mr. Ward, representing Capital Regional District (CRD) Parks, provided
the Committee with an update of the CRD Parks land acquisitions noting that the
ten-year fund enables CRD Parks to purchase land identified as having regional
park potential. The fund raises
approximately $1.6 million per year from an average annual levy of $10 per
household.
Mr. Ward said that since the establishment
of the fund in 2000, CRD Parks has purchased approximately 1900 hectares of
greenspace. A sample of the kind of projects
CRD Parks is engaged in is an initiative to develop a park management plan for
the Sea to Sea Green Blue Belt
Regional Park Reserve (Sea to Sea) as well as working toward creating
regional trail connections on Vancouver Island, he said. Mr. Ward further noted that with the value
of land rapidly increasing, it has been challenging to find ways to purchase
parkland.
Following Mr. Ward’s presentation, he
answered questions from members of the Committee with respect to parks land
acquisitions in the region, and the very recent acquisition of land in the
Sooke area.
RECREATION
SECTION: (Chairman – Councillor Carson)
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2. |
2007-213 |
PARKS AND
RECREATION COMMISSION FINANCE AND PERSONNEL SUB-COMMITTEE, July 26, 2007 Re Minutes of Meeting |
MOVED
by Councillor Braithwaite
Seconded by Councillor Jensen,
That the report of the meeting of the
CARRIED
PUBLIC
WORKS SECTION: (Chairman – Councillor Herbert)
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3. |
2007-214 |
GRAHAM
LAMB, July 31, 2007 Re Request to Place Signs on Public Property |
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That it be recommended to Council that permission be given for the placement of
no more than fifteen (15) signs on municipal property, not more than one week
prior to the event, for the promotion of the Terry Fox Run to be held Sunday,
September 16, 2007, with the signs to be as proposed in correspondence item no.
2007-214.
CARRIED
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4. |
2007-215 |
DIRECTOR OF
ENGINEERING SERVICES, August 9, 2007 Re Request to Place Information Signs for |
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That it be recommended to Council that permission be given to erect, at
CARRIED
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5. |
2007-216 2007-216-1 |
DIRECTOR OF
ENGINEERING SERVICES, August 9, 2007 KEY WHA
LEE, July 27, 2007 Re Application for Boulevard Encroachment— |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
That it be recommended to Council that approval be given for a boulevard
encroachment for 3039 Devon Road for the purpose of installing landscaping, as
shown on the sketch attached to correspondence item no. 2007-216-1, subject to all
plantings being maintained at a height of 0.9 metres (approximately 36 inches)
or less and maintained 2 metres (approximately 6.5 feet) from the edge of the
road, and subject to the owners entering into a boulevard encroachment
agreement on terms set by the Municipality.
CARRIED
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6. |
2007-217 |
DIRECTOR OF
ENGINEERING SERVICES, August 9, 2007 Re Oak Bay Fire Hall Concrete Apron Reconstruction Tender |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That it be recommended to Council that the tender to replace the concrete apron
at the Oak Bay Fire Hall be awarded to Capital Surface Impressions at a cost of
$40,234.42.
CARRIED
TRAFFIC SECTION: (Chairman –
Councillor Copley)
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7. |
2007-218 |
DIRECTOR OF
ENGINEERING SERVICES, August 9, 2007 Re |
Councillor Copley noted
that at its June 18th meeting, Committee of the Whole recommended to
Council that staff be requested to draft an amendment to the Streets and
Traffic Bylaw to reduce the speed limit on Tod Road from 30 kilometres per hour
to 20 kilometres per hour, and that the existing parking signs along Tod Road
be replaced and relocated where necessary.
She indicated that it was also directed that comment from the Fire,
Police, and Engineering Departments regarding the possibility of installing
speed bumps on Tod Road be obtained.
The Director of
Engineering Services advised that the speed limit has now been reduced and the
parking signs have been installed.
Regarding the Police and Fire Department’s view of installing speed
bumps, he said it is not a preferred practice by either as it tends to divert
traffic to other streets and limits the ability to respond to an incident in a
timely manner. However, he said, given
the nature of Tod Road, both departments have acknowledged that speed bumps may
be acceptable if there are no other options for addressing traffic concerns.
From the Engineering Department’s
perspective, said Mr. Marshall, speed bumps are not endorsed for the reasons
laid out in his report, and it would be preferable to consider devices such as
chicanes for calming traffic.
Mr. Marshall felt that
an observation period of six months should be considered to allow staff time to
monitor the traffic situation on
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That it be recommended to Council that staff be requested to monitor both
volume and speed on Tod Road over the next six month period and report back to
Committee of the Whole.
CARRIED
LAND USE SECTION: (Chairman –
Councillor Cassidy)
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8. |
2007-219 2007-219-1 2007-219-2 2007-219-3 2007-219-4 2007-219-5 2007-219-6 2007-219-7 |
DIRECTOR OF ENGINEERING SERVICES, August 10, 2007 JIM KIRK,
July 14, 2007 KAREN
POTTS, July 6, 2007 BRIAN D.
JONES, July 4, 2007 RON MERNER,
June 24, 2007 WILLIAM
JESSE, June 23, 2007 BRENDA
PEARSON, [undated] LUCILE AND
NORMAN HUTCHINGS, August 12, 2007 Re Possible
Official Community Plan Amendment/Zoning Bylaw Amendment – |
It was noted
that at the June 18, 2007 Committee of the Whole meeting, staff were asked to
report back with various pieces of information in relation to the condition of
the Municipally owned dwelling at 1531 Hampshire Road and the required upgrades,
the estimated number of street parking spaces that would be lost should
portions of the sidewalks in the narrow sections of Oak Bay Avenue in the
Village be widened to accommodate a more pedestrian friendly Village, and to
bring forward the traffic and parking studies that were supplied during the
application process for the Penny Farthing Public House development, along with
staff recommendations for augmenting the information contained in the existing
studies, all of which was contained in the memorandum from the Director of
Engineering Services.
There
was discussion regarding the parking study done in 2000 in relation to the
Penny Farthing development, and questions were raised regarding its validity
seven years later inasmuch as various businesses have changed along
The
point was made that since funds for the proposed parking lot would come from
the parking reserve fund, paid into by developers instead of providing the
parking required under
The
discussion turned to the condition of the existing house at
Cathy
Waters, Manager of Grafton Book Shop, commented that
Responding
to a member of the Committee, Ms. Waters commented that the parking behind the
shop is always full or busy with deliveries to surrounding businesses.
Bruce
Williamson, 1655 Hampshire Road, said there is
always a trade off when residential meets commercial areas. Mr. Williamson inquired about the status,
from a budgeting point of view, of the property at
Martin
Taylor, 1539 Wilmot Place, said that he was
curious to know what restraint there may be on the parking reserve fund and if
the taxpayers are expected to subsidize the lost revenue of the valuable
property at 1531 Hampshire and in a sense subsidize the parking as well.
Mr.
Taylor asked where is
Mr.
Taylor commented that he recalled when the
Mr.
Taylor stated that he would like to see more of a public process with respect
to the proposed rezoning and Official Community Plan amendment in relation to
the development of a parking lot.
Responding
to questions from the Committee, the Municipal Clerk advised that an amendment
to the Zoning Bylaw and the Official Community Plan, to change the designation
to “Institutional” from “Residential”, would be required in relation to the
proposed parking lot should it move forward.
A member of the Committee pointed out that there was wording in the
Official Community Plan that referred to the continuing evaluation of
properties adjacent to the Village for possible parking use.
Further
discussion ensued with respect to the implications of the proposed project on
the surrounding area, and the role of the Official Community Plan and whether
or not it was perhaps time to review it, and some members of the Committee
noted their support for taking a wholistic approach to making decisions within the
context of a larger vision of the Oak Bay Avenue Village in the future.
Attention
was drawn to previous comments regarding the current value of the
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That it be recommended to Council that staff be requested to provide a report with
respect to the financial implications regarding the proposed parking
development at 1531 Hampshire Road, and information relating to the allowable
uses of the parking reserve fund.
CARRIED
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9. |
2007-220 2007-202 2007-220-1 2007-220-2 2007-220-3 2007-220-4 2007-220-5 2007-220-6 2007-220-7 2007-220-8 2007-220-9 2007-220-10 2007-220-11 2007-220-12 2007-220-13 2007-220-14 2007-220-15 2007-220-16 2007-220-17 2007-220-18 2007-220-19 |
MUNICIPAL
CLERK, August 9, 2007 DIRECTOR OF
BUILDING AND PLANNING, July 17, 2007 MARTIN AND
BETTINA KORS, August 10, 2007 MICHAEL AND
JANE WEBB, August 4, 2007 JAMES
O’CONNELL, August 9, 2007 SHARON
FAIRCHILD, August 9, 2007 S.
HOLLINGSWORTH, August 9, 2007 JIM AND
JUDY DODGSON, August 9, 2007 JACK
SCISSONS AND RUTH DECARY, August 10, 2007 JACK
SCISSONS AND RUTH DECARY, August 10, 2007 LEE AND
PAUL DRUMMOND, August 10, 2007 NANCY
PEKTER, August 10, 2007 VALERIE AND
BARRY ARNSDORF, August 12, 2007 KENT
JACKSON AND LINDA GILBERT, August 12, 2007 GERALD
GERMAN AND CANDACE KENYON, August 12, 2007 PAUL AND
KJERSTINE HOLMES, August 12, 2007 GLENN AND
BONNIE MILBURY, August 12, 2007 DOUGLAS AND
BARBARA RUTHERFORD, August 13, 2007 GWEN EWAN,
August 13, 2007 MAURICE
DUNNER, August 13, 2007 Re Proposed Zoning Bylaw Amendments— |
The Municipal
Clerk provided a brief overview of her memorandum noting that staff was
requested to consult with the business owners of 677 St. Patrick Street and
2164 McNeill Avenue and to draft an amendment to the Zoning Bylaw to allow
seating for up to 20 customers at both those businesses to be brought forward
to Committee of the Whole for consideration. She noted that the first draft bylaw in the
agenda package would make various changes to the C-4 (Local
Commercial/Neighbourhood Deli Use) Zone, including increasing the seating from
10 to 20, and the second draft bylaw would rezone
Members of the public
were invited to speak at this time.
Ray Sundby,
1043 Roslyn Road, asked if a traffic study has been conducted in
the vicinity of the Demitasse Bakery Store, noting the roadway is narrow and
when vehicles park on both sides of the street it compromises the safety of the
neighbourhood. He also commented that
the area behind Demitasse is aesthetically a disgrace with a broken down fence
and a garbage mess.
Paul Holmes,
2186 McNeill Avenue, explained that he was speaking on behalf of
approximately 24 residents that have formed a group, the McNeill/Roslyn
Community Association, in response to the proposed amendment to the Zoning Bylaw
that would allow a seating expansion at the Demitasse Bakery Store. Mr. Holmes said that the residents would
appreciate being a part of the process and that they support the current
operation of Demitasse.
However, said
Mr. Holmes, the McNeill/Roslyn Community Association’s concerns stem from the
proposed seating being doubled from 10 to 20 seats and the anticipated increase
in traffic and parking, potential damage to parked resident vehicles, noise and
air pollution, additional idling delivery vehicles, and an increased threat to
the safety of children in the neighbourhood.
Another
concern, said Mr. Holmes would be the potential traffic and pedestrian traffic
flow changes due to the reconfiguration of
In
conclusion, Mr. Holmes said the community would have appreciated being a part
of the consulting process from the onset.
When asked by
a member of the Committee if the concerns noted were also directed to de’lish
Fine Foods and Catering located at
Martin Kors,
1030 Roslyn Road, commented that although he supports Demitasse
and it is a good place to meet the neighbours, he has three children and is
concerned about their safety due to parked vehicles causing limited
visibility. Mr. Kors referred to page 65
of the Official Community Plan, noting that the highest portion of children
living in an area in
Judith Andersen,
1265 Roslyn Road, said it is wonderful having businesses that mix
in with the neighbourhood and offer a place to mingle, noting she does not see
how ten seats could produce that many more delivery trucks or traffic. Ms. Andersen suggested that the parked cars provide
traffic calming and that she looks forward to the proposed changes to de’lish
and Demitasse.
Kent Jackson, 1050 Roslyn Road, commented
that more seating and people will add more traffic to his neighbourhood. Mr. Jackson also expressed the view that
Demitasse and de’lish should be considered as separate issues.
Glenn
Milbury, 1027 Roslyn Road, expressed his concern that residents were only
notified of the potential increased seating at Demitasse by way of a newspaper
article, to which Councillor Cassidy responded by outlining the required public
hearing process, should the application proceed to that point.
Mr. Milbury
stated that the proposed changes seem to be “ad hoc” and agreed with earlier
comments that the proposed changes would result in increased large truck
deliveries. He also said that the
Municipality should wait and see what the change in traffic patterns may be due
to the
Jack
Scissons, 657 St. Patrick Street, said he lives two lots down from de’lish
and the commercial area at St. Patrick and Central, noting that there are only
three parking stalls in front of the hair salon for all the businesses. Mr. Scissions said he delivered a notice to
the neighbours strongly opposing the increased seating at de’lish. The concerns he expressed were with respect
to limited parking availability, the early morning delivery times, noisy vehicle
idling, speeding traffic and the danger to children.
Mr. Scissions
urged the Municipality to consider posting new ‘residential parking only’ and
‘no idling’ signs in the area. He also
suggested changing the
Nancy Pekter,
2160 McNeill Avenue, said that the Demitasse owners, Kathryn and
Rob, are good neighbours and that she is happy with the status quo but wishes for
some improvements as identified in her letter.
Ms. Pekter commented that she is concerned with the proposed increase in
seating, and drew attention to the fact that Kathryn and Rob may not always be
the owners of this business and another owner could be less congenial.
With respect
to a portion of the rental unit attached to Demitasse potentially being reduced
in size to accommodate the proposed increase in seating, Ms. Pekter expressed
concern that small quiet families may no longer ‘fit’ as tenants and that there
could be a potential to limit the type of future renters.
Ms. Petker
noted that while her family personally experiences parking issues being
adjacent to a business, from a community safety perspective there are also
other issues. She went on to note that the
crosswalk lines are faint and with parking in the area being an issue, delivery
trucks stop in front of the crosswalk causing a visual obstruction for vehicle
and pedestrian traffic, and further, she said,
the crosswalk is part of the route to both St. Michaels and Monterey
Schools.
Jim
O’Connell, 650 St. Patrick Street, referred to the memorandum from the
Director of Building and Planning (correspondence item no. 2007-202) attached
to the agenda package regarding seating.
Mr. O’Connell said that de’lish has always offered seating and light
meals since opening in May.
Chris Goudie,
989 Victoria Avenue, said that the neighbours are not opposed to the
current business, and noted that Demitasse was already in operation when he
bought his house. If the increased seating
goes through as proposed it will double the capacity and increase demand for
parking, negatively impacting the neighbourhood, he said. As it is, said Mr. Goudie, vehicles have to
back out to leave the premises and his car has been hit two times on
Richard
Mimick, 1019 Roslyn Road, said he lives across the street from Demitasse
and has incurred property damage including his cars being hit three times. Mr. Mimick advised the Committee of issues
that affect him, such as truck lights shining in the windows during early
morning deliveries, noise and pollution, garbage from customers strewn on his
property, and on occasion unattended or noisy dogs. When the property was rezoned ten years ago
he said, the neighbours were forced to capitulate to the changes at that time,
saying the current proposal for more seating should be rejected now.
Mr. Mimick said
he felt that the neighbours should have been notified at the onset of the
current rezoning application, and urged Council to look at the Official
Community Plan goals and objectives with a respect to keeping the ‘residential
nature of the neighbourhood’ in tact.
Kathryn
Pineo, 2164 McNeill Avenue, co-owner, Demitasse Bakery Store, said she and
her partner previously lived at Demitasse with their three children, noting
that they are still residents of
Ms. Pineo,
responding to previous comments, said they try to be good neighbours and have
addressed the concerns as best they can, such as limiting the times and number
of deliveries, requesting truck drivers to shut off their engines, posting
‘idle free zone’ signs, and composting to reduce waste removal. Commercial businesses, Ms. Pineo noted, are required
by the District of Oak Bay to arrange for independent recycle pickup, which
takes place once a week. Further, she
said, regular attempts are made to clean up garbage in the surrounding area,
which is often distributed by crows. As
for the rental suite, she said, it is intended for it to continue to be a family
residence in the future.
Ms. Pineo
commented that as a property owner in the area they were not invited to
participate in the newly formed McNeill/Roslyn Community Association.
With respect
to concerns about vehicle damage, Ms. Pineo suggested that residents put their
cars at risk of being hit by vehicles backing out of the parking lot when they
park on
Since the
1930’s, she said, this location has been home to a variety of stores operating
in the community. As for the proposed
increase in seating, Ms. Pineo said that they are not planning to change the
nature of the business but just want to add a few more seats, which she said,
she would like to have inside.
Rob Rogers,
2164 McNeill Avenue, co-owner, Demitasse Bakery Store, said both he
and Kathryn are emotional about this and find it hard to be criticized by the
community so harshly. There are some
neighbours that will not speak to them, Mr. Rogers said.
With respect
to their previous rezoning application ten years ago, said Mr. Rogers, Council
accepted an offer for Demitasse Bakery Store to register a covenant against its
title to restrict the hours of business from 7 o’clock a.m. to 10 o’clock p.m..
Mr. Rogers said
he has tried to explain to the neighbours that have asked, that Demitasse did
not initiate the application for rezoning at this time, but that it was
suggested at a recent meeting of Council that staff meet with the business
owners of de’lish and Demitasse to discuss the needs of both businesses that
could benefit from the proposed rezoning to allow seating for up to 20
customers, which they would welcome.
Attention was
drawn to concerns raised by residents regarding traffic safety and parking
issues, and it was suggested that up-to-date traffic counts and information on
accident statistics and parking would be useful at this point in the process
prior to considering moving forward with the proposed zoning changes.
It was noted
that the increase in seating was not formally initiated by Demitasse, although
it was acknowledged that the changes are desired by its owners, and questions
arose regarding the proposed change to 20 seats for both establishments. It was pointed out that when de’lish Fine
Foods and Catering opened they believed they could put seats in, similar to those
associated with the previous establishment, Boland’s Bakery. It was then suggested at the last meeting of
Council that if de’lish was seeking zoning changes to allow seating for the
consumption of its foods on the premises, it may be desirable to have similar
zoning regulations for Demitasse.
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That it be recommended to Council that staff prepare a report on traffic
counts, accident reports and parking for the area surrounding
CARRIED
Blethering Place Collector Car Festival and
Bowker Creek Brush up
ADJOURNMENT:
MOVED by
Councillor Cassidy
Seconded by
Councillor Herbert, That the meeting of Committee of the Whole be adjourned.
CARRIED
The meeting adjourned at
10:52 p.m.
Certified Correct:
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Municipal
Clerk |
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Chairman,
Recreation Section |
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Chairman,
Public Works Section |
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Chairman,
Traffic Section |
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Chairman,
Land Use Section |
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