MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
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PRESENT: |
Councillor H.
Braithwaite Councillor A. R.
Cassidy Councillor S. F. B.
Carson Councillor
P. Copley Councillor J. D.
Herbert |
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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. |
FINANCE AND REGULATORY
SECTION:
(Chairman – Councillor Braithwaite)
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1. |
2007-324 |
MUNICIPAL
TREASURER, November 30, 2007 Re
Monthly Financial Reports |
MOVED by Councillor
Herbert
Seconded by Councillor
Carson, That the November Monthly Financial Reports be received.
CARRIED
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2. |
2007-325 |
GEORGE
NATION, November 7, 2007 Re
Request for Amendment to Animal Control Bylaw – Keeping of Bees |
George
Nation, 1547 Yale Street, was in attendance requesting that the Animal
Control Bylaw be changed to allow homeowners to house a beehive on a property
that is less than 8000 square feet (i.e. 6000 square feet). Mr. Nation went on to explain the benefits of
inviting honey bees into gardens, saying that pollination allows gardeners to
get the most from their plants.
In response to
a comment from a Committee member, Mr. Nation agreed that his property is too
close to a public thoroughfare (Theatre Lane) to consider housing a beehive,
however, he hoped his neighbour, Kim Blank, 1557 Yale Street, also in
attendance, and a hobbyist beekeeper with hives on a lot in Langford, would be
permitted to place one hive in the middle of his property to benefit the
neighbourhood gardens.
A member of
the Committee expressed his concern about public safety with respect to the
possibility of increased bee stings and swarming. As well, it was recommended that staff
contact a local apiary organization to obtain further information on safety
issues of keeping bees in an urban setting.
The Municipal
Administrator, responding to a question, said he was not certain of the total
number of beehives currently in
Mr. Cochrane
noted that most municipalities in the region have some form of regulations for
keeping bees, with
MOVED by Councillor
Copley
Seconded by
Councillor Herbert, That correspondence item no. 2007-325 be received.
It was agreed
that staff would contact the Victoria Apiary Association to obtain input with
respect to the keeping of beehives in an urban area and near public
thoroughfares.
The question on the
motion was then called.
CARRIED
TRAFFIC AND
PEDESTRIAN SAFETY SECTION: (Chairman – Councillor Copley)
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3. |
2007-326 |
DAVID
AND GAIL BOULTER, September 7, 2007 Re
Uplands Tour Bus Routes |
Councillor Copley reviewed the letter from Mr. and Mrs.
Boulter, noting that the homeowners have expressed their concern about the
number of tour buses that use
Referring to the note from the Municipal Clerk, Councillor
Copley explained that in the past, tour buses and the routes were regulated
through the Motor Carrier Commission. It
was noted that the Commission no longer exists and tour buses are now licensed through
the Registrar of Passenger Transportation, however there is no longer any
approval process for tour bus routes.
It was noted that the Motor
Vehicle Act gives municipalities the authority to regulate vehicle weight,
length and height restricting certain types of vehicles to specific, however,
these regulations would have the potential of affecting other similar type
vehicles such as transit buses, although it may be that other legislation would
override the Municipal restrictions. It
was further noted that restricting certain kinds of traffic also has the
potential to divert that traffic onto another street.
David Boulter, 3295 Ripon Road, said he and his wife
bought their house last Spring and have been surprised at the number of tour
bus trips, including double-decker buses, that go by their home during the
tourist season, which can be as many as 60 per day. Mr. Boulter said they chose the Uplands for
its peace and quiet and for the protective Uplands Regulations, which he said
was the same for his neighbours who are as equally unhappy about the intrusion
as he and his wife have been.
Mr. Boulter commented that the buses are big, smelly, noisy
(engines and on-board public address systems), and cause traffic safety issues
when negotiating the narrow roads with turns and parked cars, and he feels that
the number of carriers will only increase as more cruise ships dock in
Victoria. He urged Council to consider
addressing this issue as soon as possible.
Mr. Cochrane, responding to questions, said it is possible
for a bylaw to prohibit heavy traffic on any street, but it cannot control the
number of trips per day.
There was further discussion, and the view was expressed
that Council should tread carefully with this issue and consider all the implications
that could affect visitors coming to
MOVED by Councillor Herbert
Seconded by
Councillor Braithwaite, That correspondence item no. 2007-326 be received and
that staff be directed to write a letter to the tour bus carrier companies
requesting that consideration be given to voluntarily limiting the volume of
buses on any given street in Oak Bay, and further, that
CARRIED
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4. |
2007-327 |
Re
Request for Speed Limit Change – Ring Road |
The Municipal Administrator explained that although the
In order to be consistent with the adjacent municipality,
the Committee requested that once the District of Saanich advises that it will
be reducing the speed limit on the portion of Ring Road located in that
municipality, a Bylaw amendment to change the speed limit in
MOVED by Councillor Carson
Seconded by
Councillor Herbert, That at such time as the District of Saanich has confirmed
its intention to lower the speed limit on the portion of Ring Road in Saanich,
a Bylaw be prepared to effect the same speed limit for the Oak Bay portion of
Ring Road, be brought forward for consideration by Council.
CARRIED
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5. |
2007-328 |
LIZ
HANSEN, November 26, 2007 Re
Parking on |
Attention was drawn to the letter received from Liz Hansen expressing
her concerns regarding the effect parked cars have on traffic flow along a
portion of Cedar Hill X Road (between Cadboro Bay and Henderson Road),
including safety concerns for cyclists.
Responding to questions, the Municipal Administrator noted that his note
addresses the regulatory history only and does not address any Engineering
issues along this section of
In response to questions, the Director of Engineering
Services noted that while no detailed review of the parking on Cedar Hill X
road has been undertaken in response to Ms. Hansen’s letter, he agreed that the
room available for cycling on the road if fully parked could be tight. Further data, said Mr. Marshall, could be
gathered if the Committee so wished.
Further discussion followed, with members of the Committee
agreeing that eliminating parking on one side of
MOVED by Councillor
Herbert
Seconded by
Councillor Braithwaite, That correspondence item no. 2007-328 be referred to
CARRIED
|
6. |
2007-329 2000-251 -- -- |
GERIANNE
KNOWLES-ROBSON, November 13, 2007 MUNICIPAL
ENGINEER, June 15, 2000 MINUTES
EXCERPT, June 19, 2000 COMMITTEE OF THE WHOLE MINUTES
EXCERPT, July 15, 2002 COMMITTEE OF THE WHOLE Re
Request for 4 Way Stop – St. Ann/Cranmore and
Speed Limit Change – |
Councillor Copley provided a brief overview of the letter received
from Gerianne Knowles-Robson expressing several concerns with respect to the
intersection at
Gerianne Knowles-Robson, 1767 St. Ann Street, commented on
the amount of speeding traffic in the area, saying it is a dangerous corner
with a two way stop, where screeching tires, honking horns, near misses and
several accidents are witnessed on a continual basis, and she said that it
should be addressed soon.
There was
discussion with respect to whether or not the intersection qualified for a
four-way stop, the idea of adding oversized stop signs, improving road
markings, clearing surrounding vegetation, and considering pedestrian islands,
bollards, or chicanes.
Concerns from Committee members regarding the intersection
were noted, and it was agreed that improving the visibility of current markings
and removing any overgrown brush should be done first and consideration could
then be given to installing a traffic island.
MOVED by Councillor
Herbert
Seconded by
Councillor Braithwaite, That it be recommended to Council that staff be directed
to install oversize stop signs, road markings, trim vegetation where required
to improve sight lines at the intersection of St. Ann Street and Cranmore Road,
and further that staff report back on
the possibility and cost of installing a pedestrian island.
CARRIED
PUBLIC WORKS
SECTION:
(Chairman – Councillor Herbert)
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7. |
2007-330 |
DIRECTOR OF ENGINEERING SERVICES, December 7, 2007 Re Update on |
The Director of
Engineering Services provided an update on the
Attention was
drawn to the staff recommendations that the time frame for residents to qualify
for a discounted storm water lateral connection fee be extended to June 2008.
MOVED by Councillor
Braithwaite
Seconded by
Councillor Copley, That it be recommended to Council that an amendment to the
Public Sewer Bylaw to extend the time frame to June 2008 for residents to
qualify for a 50% reduction in the storm lateral connection fee be drafted and
be brought forward to Council for consideration.
CARRIED
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8. |
2007-331 |
DIRECTOR OF ENGINEERING SERVICES, December 6, 2007 Re Parking Review at |
At its
November 19, 2007 meeting, the Committee of the Whole requested that staff
explore areas of improvement for parking and traffic safety at the corner of
The Director
of Engineering Services provided an overview of four proposed options as
attached to correspondence item no. 2007-331, noting the some of the plans are
also based on input from the owners of Demitasse Bakery Store. Mr. Marshall noted that the proposed plans
could be developed in further detail if desired.
Rob Rogers,
Demitasse Bakery Store, commented that he had looked at the four proposed
options and was pleased with the parking bay on McNeill Road and the idea of
the proposed chicanes as outlined in option #3, however he was not in favour of
relinquishing a 1.5 metre strip of his
private property on the Roslyn Road side for parking as he felt it would
limit the space for seating, recycling, and litter pickup that occurs on that
side. He also noted that option #3 would remove four of the existing
parking spots. He suggested that the
chicanes at either end of his property along
Mr. Marshall
responded, noting the proposed chicanes on
Members of the
Committee, following further discussion with respect to issues such as
pedestrian and traffic safety and the cost of the proposed improvements,
questioned whether or not there was an appetite to spend funds on parking for
this area at this time.
The Municipal
Administrator noted that whatever options might be chosen, there would be
nothing to compel the property owners to contribute to funding any changes,
particularly when no land use issue or application being requested, and that
ultimately a budget decision in this regard would have to be weighed by Council
in the context of other capital spending priorities.
It was the general
consensus of the Committee to first address two of the issues, which would see
adding a parking bay on
MOVED by Councillor
Carson
Seconded by
Councillor Braithwaite, That it be recommended to Council to endorse in
principle the proposed parking bay adjacent to
It was noted
that the 2008 sidewalk capital budget might be a source of funding for the
proposed parking bay and that Council could discuss this further in January when
the matter of early capital spending approval is being addressed. As far as the crosswalk work is concerned the
traffic calming budget would be a possible source of funding although it was
noted that there were other projects under discussion that were also proposed
to be funded from this source. Should
this not be viable source of funding, it was suggested that this aspect of the
proposal could be considered as part of the usual Estimates Committee budgeting
process.
Attention was
drawn to the fact that consent of the property owners would be required before
a parking bay could be installed.
The question
was then called.
CARRIED
LAND USE SECTION: (Chairman –
Councillor Cassidy)
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9. |
2007-332 |
DIRECTOR OF
BUILDING AND PLANNING, December 4, 2007 Re |
MOVED by Councillor
Carson
Seconded by
Councillor Herbert, That it be recommended to Council that the plans to
renovate the single family dwelling at
CARRIED
|
10. |
-- 2007-312 2007-333 |
MINUTES
EXCERPT, NOVEMBER 19, 2007 COMMITTEE OF THE WHOLE DIRECTOR OF
BUILDING AND PLANNING, November 6, 2007 DIRECTOR OF
BUILDING AND PLANNING, December 4, 2007 Re |
It was noted
that at its November 19, 2007, meeting, the Committee of the Whole raised
concerns about the size, height, location, and second storey of the pool house,
and the siting of the principle dwelling and its relationship with neighbouring
properties. The view was expressed at
that time that it would be helpful to have the owners consider the issues
raised by the Committee with respect to the proposed development at
Brian Morris, Architect, was in attendance and
provided an update since the last meeting, noting that as requested by the
Advisory Design Panel, he had submitted to it a detailed landscaping plan,
which included a list of planting materials, that has since been approved by
the Panel.
Mr. Morris
advised the Committee that he had left messages for the immediate neighbours to
the south and that he left copies of the plans with the neighbours to the north
who later indicated that they were opposed to the project.
Discussion
ensued regarding various aspects of the proposed construction, such as
recognizing the odd shaped and sloped lot, the view corridor, the alignment of
the proposed house with neighbouring houses, the need for such a large pool
house with amenities, and the possibility of shifting the siting of the
dwelling to improve the neighbour’s views.
Mr. Morris responded by saying that the current proposed location and
design is based on complying with the setback regulations, and working with the
slope of the land. As well, he said that
moving the house back would result in the need for more variances and create an
issue with reducing the size of the driveway and therefore limiting vehicle
parking.
A member of the
Committee commented while he might usually expect a new dwelling to be built on
a bare lot with out the need for variances, the unusual shape and topography of
the lot at
Mr.
McElvaine, owner, 2770 Thorpe Place, addressed the
Committee, noting that the proposed siting of the house was not out of line
with other homes along the Esplanade.
John Murray, 2790 Thorpe Place, expressed that he and
his wife take exception to the proposed plans , noting that the magnitude of
the project will have a huge negative impact of their views and the proposed
pool house will block the views to the east.
Mr. Murray concluded by saying that he requires more time to
analyze the plans and seek further
information from other sources before the Committee proceeds further.
Frank May,
2619 Cavendish Avenue, speaking on behalf of Pat Dunn,
Robert Durie,
2740 Beach Drive, was in attendance to express his interest in protecting
his view corridor, saying that he would like to be kept informed and be
included in any consultation that may take place regarding the proposed
development.
The
discussion turned to the proposed pool house, and Mr. McElvaine, responding to
questions, noted that the proposed pool house with its various amenities would
enable a parent to be near the children in the pool area, creating a safer
environment.
Following
further discussion, it was the general view of the Committee that it was not
prepared to approve the application in its current form and it recommended that
the applicant come back with possible siting and design changes to address the
concerns raised.
MOVED by Councillor
Herbert
Seconded by
Councillor Braithwaite, That correspondence item no. 2007-333 be received and
that the plans to construct a new residential dwelling at 2770 Thorpe Place be
deferred to a future Committee of the Whole meeting to allow the applicant time
to bring forward changes to the siting
and design of the proposed development.
CARRIED
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11. |
2007-334 |
DIRECTOR OF
BUILDING AND PLANNING, December 5, 2007 Re
Development Variance Permit Application – |
Bohdan Kurylo, Zebra Designs Inc., provided a
brief overview of the application, noting that the applicants wish to make changes
to add living space upstairs while retaining the features that give the home
character.
MOVED by Councillor
Braithwaite
Seconded by Councillor
Herbert, That it be recommended to Council that a resolution
authorizing the Director of Building and Planning to issue a development
variance permit for the variances outlined in correspondence item no. 2007-334
be prepared and brought forward to the next meeting of Council for
consideration.
CARRIED
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12. |
2007-335 |
DIRECTOR OF
BUILDING AND PLANNING, December 5, 2007 Re
Development Variance Permit Application – |
Ken Nott, 2661 Cadboro Bay Road, explained that he is
requesting permission to reconstruct his sundeck using the same square footage as
the existing deck and adding a storage room below the deck to be accessed from
the basement.
Responding to questions
from the Committee, the Director of Building and Planning explained that the
lower floor of the house, which might appear to be the basement, is actually
considered the first floor under the Zoning Bylaw. The combined floor
area of the first floor and the upper floor with the construction of a new deck
and storage area beneath it would require a variance to the already legally non-conforming
gross floor area at a level higher than 0.8 metres below grade.
MOVED by Councillor
Carson
Seconded by Councillor
Braithwaite, That it be recommended to Council that a resolution
authorizing the Director of Building and Planning to issue a development
variance permit for the variance outlined in correspondence item no. 2007-335
be prepared and brought forward to the next meeting of Council for
consideration.
CARRIED
ADJOURNMENT:
MOVED by
Councillor Braithwaite
Seconded by Councillor Carson, That the open portion of the
meeting of Committee of the Whole be adjourned and that a closed session be
convened to discuss the receiving of advice that is subject to solicitor-client
privilege.
CARRIED
The meeting adjourned at
10:32 p.m.
Certified Correct:
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Municipal
Clerk |
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Chairman,
Finance Section |
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Chairman,
Traffic and Pedestrian Safety Section |
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Chairman,
Public Works Section |
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Chairman,
Land Use Section |
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