MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
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PRESENT: |
Acting Councillor A. R. Cassidy Councillor S. F. B.
Carson 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 Director of Engineer
Services, D. |
Acting
At the request of
Councillor Herbert, there was consensus to add an item under the Traffic
Section of the agenda, which was to investigate incorporating part time bike lanes
along
Monterey
Avenue between McNeill Avenue and Bowker Avenue.
TRAFFIC SECTION: (Chairman –
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1. |
2008-129 - - 2008-129-1 |
DIRECTOR
OF ENGINEERING SERVICES, April 25, 2008 EXCERPT
FROM COMMITTEE OF THE WHOLE MEETING MINUTES, April 21,
2008 BARBARA
PRENDERGAST, May 5, 2008 Re
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Councillor Copley
provided an overview of previous discussions regarding
Attention was drawn to
the report provided by the Director of Engineering Services which was requested
at the last meeting of Committee of the Whole regarding the potential
installation of speed bumps on
Councillor Copley referred
to correspondence item no. 2008-129-1, being a letter from Ms. Prendergast, requesting
that the parking restrictions include both the north and south side of Tod Road
and that the municipality consider installing a continuous sidewalk along the
west side of Musgrave Street across Tod Road as a physical reminder to
motorists of the pedestrians that cross there.
Members of the Committee
agreed that the suggested continuous sidewalk at the west end of
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That it be recommended to Council that approval be given to install speed bumps
in the locations specified in correspondence item no. 2008-129, and further
that, if funding permits, a sidewalk be constructed across Tod Road where it
intersects with Musgrave Street, to link the existing sidewalks along the west
side of Musgrave Street.
Phil Prendergast, 2423
Hamiota Street, said he would like to see the speed bumps placed along the
east end of Tod Road as well to ensure vehicle speed is reduced all along Tod
Road.
Darlene Chase, 2433
Hamiota Street, said she liked the idea of the continuous sidewalk on
Musgrave Street at the west end of Tod Road, noting it would help to slow traffic
and improve safety for the children.
The Director of
Engineering Services drew attention to the Fire Department’s previously stated
view regarding speed bumps, which was that they should only be installed west
of the cul-de-sac.
Karen Jack, 2393 Tod
Road,
advised that she has been taking pictures of cars that have been parking on
both sides of
Michael Yakubowich, 2390
Musgrave Street, said he had spoken with the neighbours and they agreed with
the idea of extending the sidewalk at the west end of
Further discussion
ensued with respect to the need to prohibit parking on both sides of
The
question was then called.
CARRIED
PUBLIC WORKS SECTION: (Chairman –
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2. |
2008-130 2008-130-1 |
DIRECTOR OF
ENGINEERING SERVICES, April 25, 2008 JOHN AND
SUSAN BODNAR, March 11, 2008 Re Request
for Boulevard Encroachment Application and Driveway Access Bylaw Amendment – |
Responding to
questions from the Committee regarding the applicant’s request to amend the Driveway Access Bylaw to allow a driveway
crossing consisting of screenings to be used rather than what is currently
permitted (concrete, asphalt or pavers), the Municipal Administrator acknowledged
that while screenings may be aesthetically and practically suitable for some
areas, the Committee may not consider them desirable for all areas of Oak Bay. In this regard, said Mr. Cochrane, staff
could, if requested, draft an amendment that would see screenings permitted
where, for instance, there were no curbs or sidewalks, or where native
plantings exist on the boulevard, for the Committee’s review. Mr. Cochrane noted that even with specific
criteria written into the Bylaw as mentioned, circumstances may still arise
where screenings are not deemed to be appropriate.
Responding to
questions from the Committee, the Director of Engineering Services noted that
through his research, he found that there did not seem to be many problems associated
with the use of screenings and that with a good product being used and a 20
centimetre (8 inch) gravel base being installed, screenings could be suitable for
driveway crossings in some areas.
Michele
Kirby, 2315 Dalhousie Street, commented that when resurfacing her driveway
she was not permitted to use recycled bricks saying she felt that the bylaw
should be amended to allow such recycled products to be used.
Susan Bodnar,
630 Island Road, noted that when she and her husband purchased their
property the boulevard area was in a very poor state and was used for
parking. Responding to questions from
the Committee, Ms. Bodnar noted that the asphalt parking pad off of
With respect
to the cedar split rail fence, Ms. Bodnar advised that the fence is not a
permanent fixture and can easily be moved.
MOVED by Councillor Jensen
Seconded by
Councillor Copley, That staff be directed to draft an
amendment to the Driveway Access Bylaw,
1987, to permit screenings and other appropriate materials to be used for
driveway crossings in appropriate locations.
CARRIED
The Committee
turned its attention to the requested boulevard encroachment, which includes
the pre-existing asphalt parking pad off
MOVED by
Councillor Jensen
Seconded by
Councillor Copley, That it be recommended to Council that permission be given
for a boulevard encroachment adjacent to
CARRIED
There was discussion
regarding which other portions of the encroachment request were supportable,
and Mr. Cochrane advised that if the Committee was to recommend against
permitting an encroachment for the two parking pads, given that the asphalt pad
off of Earn Street pre-exists the Bodnar’s ownership of the land, it would be
unusual to require the owners to remove the pad at their expense as they did
not install it. However, he said, the
Municipality would be in a position to remove it should that be desired.
MOVED by
Councillor Jensen
Seconded by
Councillor Braithwaite, That it be recommended to Council that an encroachment
for the existing parking pad on the Earn Street and Island Road boulevards
adjacent to 630 Island Road be denied, and further, that the owners of 630 Island
Road be required to remove the parking pad on Island Road and that they be
advised that the District of Oak Bay reserves the right to remove the asphalt
parking pad on Earn Street.
There was
further discussion regarding the parking pads, and while some members of the
Committee felt that the pads fit well with the area, others were concerned
regarding the appearance of public property being taken over for private use
noting that Council has been fairly consistent in its denial of such encroachments
in the past.
Ms. Bodnar
requested that the Committee give consideration to allowing an encroachment for
the wild rose bush/hedge, noting that it was in keeping with other wild rose
plantings in the area.
The question
was then called.
DEFEATED
(Councillors Braithwaite, Carson and Cassidy
opposed)
MOVED by
Councillor Braithwaite,
Seconded by
Councillor Cassidy, That it be recommended to Council that permission be given
for an encroachment to retain the existing wild rose bush/hedge adjacent to
CARRIED
(Councillor Jensen opposed)
Noting that
the full Committee was not in attendance, Councillor Carson indicated that he
would like to bring back for reconsideration the original motion to recommend
to Council that it deny permission for the two parking pads as he was willing
to change his vote to enable further consideration of the recommendation when
the minutes of the meeting are proposed to be adopted at the next meeting of
Council, assuming that a positive motion to allow the encroachment of the
parking pads would also result in a tie vote and therefore fail.
MOVED by
Councillor Carson
Seconded by
Councillor Cassidy, That the following motion be reconsidered:
“That it be recommended to Council that an
encroachment for the existing parking pad on the Earn Street and Island Road
boulevards adjacent to 630 Island Road be denied, and further, that the owners
of 630 Island Road be required to remove the parking pad on Island Road and
that they be advised that the District of Oak Bay reserves the right to remove
the asphalt parking pad on Earn Street.”
CARRIED
The question
on the motion to be reconsidered was then called.
CARRIED
LAND USE SECTION: (Chairman –
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3. |
2008-131 |
DIRECTOR
OF BUILDING AND PLANNING, April 18, 2008 Re
Development Variance Permit Application – |
Archie Willie, A. Willie
Design,
spoke on behalf of the homeowners, John and Bobbi Bartle-Clar, who wish to
construct an addition on the main floor and a new second storey on their house,
which requires variances to the gross floor area, occupiable height, building
height, and setbacks as shown in the plans attached to correspondence item no. 2008-131.
Mr. Willie drew attention to the
existing basement saying that it is under-height and cannot be developed as it
is, and that in order to preserve the heritage character and current fit of the
house with the streetscape, the homeowners would prefer not to raise it to gain
more floor area.
Mr. Willie noted that
the existing porch and exterior stairs ‘gobble up’ a large amount of the
allowable square footage of the home, leading to the requested floor area
variance.
Responding to various
questions and comments from members of the Committee, Mr. Willie said that the
applicants are requesting approximately 900 additional square feet (83.6 square
metres) of living space, with no change to the existing footprint.
MOVED by Councillor Carson
Seconded by
Councillor Copley, That a resolution authorizing the Director of Building and
Planning to issue a development variance permit for
CARRIED
COMMUNITY SERVICE SECTION: (Chairman – Councillor Braithwaite)
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4. |
2008-112 |
Re Final
Report – Recommendations to Reduce Greenhouse Gas Emissions in |
Councillor Braithwaite thanked
the members of the Oak Bay
Rene de Vos, 2168 Guernsey
Street,
noting his association with the Oak Bay Green Committee, said he was very
pleased to see the report completed, and in particular, he appreciated that many
of the issues brought forward by the Oak Bay Green Committee were included in
the report.
Mr. de Vos said that
since the formation of the
In terms of monitoring
the actions being taken by the Municipality to reduce greenhouse gas emissions,
Mr. de Vos felt that having a set point to assess its progress should be
considered.
With respect
to some of the recommendations contained in the report, the Municipal
Administrator noted that staff are actively using them to guide their actions
in day to day operations. Mr. Cochrane
said that it would be necessary to have dedicated resources in order for the
municipality to carry out the recommendations as outlined in the final report
and report back to Council in that regard, noting that there currently is no
capacity to do that. Mr. Cochrane also
pointed out that the Province has introduced legislation that will require the
Municipality to incorporate greenhouse gas reduction targets into its Official
Community Plan, which will have an impact with respect to acquiring the
capacity to establish baseline data in that regard.
Teresa
Tallentire, 2032 Penzance Road, said it is a great report and she would
like to see a climate change check list for residents to follow. As well, Ms. Tallentire said she would like
to see how the suggestions to harness geothermal and wind energy could be
implemented. Ms. Tallentire commented
that with regard to power poles and recurring power outages, maintenance issues
would be greatly reduced if the utility service wiring was buried underground.
Michele Kirby,
2315 Dalhousie Street, said she would love to be permitted to house
honey bees on her property, which is too small to allow it under the current
regulations, noting that bees benefit food production and that urban
agriculture should be encouraged as part of climate change. Ms. Kirby suggested connecting younger
residents with the physical ability, with older residents who may want share their
gardening knowledge, to jointly produce vegetable gardens on land that may not
be otherwise be utilized.
Ms. Kirby
felt that many of the current bylaws and the Official Community Plan should be
reviewed and updated to be more in line with the climate change concerns and
she would like to see more information on the website for residents to refer
to.
Some members of
the Committee reiterated that they would like to see what role the new Capital
Regional District staff person will have in assisting Oak Bay with climate
change initiatives, while other Members felt that the Municipality should lead
the way in this regard.
MOVED by Councillor Herbert
Seconded by
Councillor Cassidy, That correspondence item no. 2008-112 be received and that
staff be guided by the principles of the report on their decisions with respect
to the day to day operations of the Municipality.
CARRIED
Councillor Jensen drew
attention to a motion he had proposed in the past for an anti-idling bylaw to
be drafted, and requested that it be considered again at this time now that the
Final Report of the
MOVED by Councillor Jensen
Seconded by
Councillor Cassidy, That staff be directed to draft an anti-idling bylaw, as
recommended in the
CARRIED
TRAFFIC SECTION (Continued):
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5. |
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COUNCILLOR
HERBERT
Re Proposed
Bike Lanes –
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Councillor Herbert
requested that in order to improve the safety of school routes, consideration
should be given to including part time bike lanes along
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That staff be requested to bring forward a report with respect to the
feasibility of adding part time bike lanes along Monterey Avenue between Bowker
and McNeill Avenue.
CARRIED
ADJOURNMENT:
MOVED by Councillor Herbert
Seconded by
Councillor Cassidy, That the meeting of Committee of the Whole be adjourned.
CARRIED
The meeting adjourned at
9:44 p.m.
Certified Correct:
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Municipal
Clerk |
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Chairman,
Traffic Section |
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Chairman,
Public Works Section |
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Chairman,
Land Use Section |
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Chairman,
Community Service Section |
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