MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
|
PRESENT: |
Councillor H.
Braithwaite (arrived at 8:22 p.m.) Councillor S. F. B.
Carson Councillor
P. Copley Councillor
J. Herbert 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. |
FINANCE SECTION: (Acting Chairman
– Mayor Causton)
|
1. |
2007-292 |
MUNICIPAL
TREASURER, October 29, 2007 Re
Funding of Post 2004 Capital Regional District Debt Costs |
In January 2007, Council
requested that, at the appropriate time, the Municipal Treasurer bring forward for
review the current method of recovering sewer debt costs through utility
billing and property taxes. Ms. Walker
noted that prior to 2005 all sewer costs were collected through the property
taxes. Now, she said, Oak Bay funds 70% of
the municipal portion of sewer costs as well as the costs relating to any new sewer
debt incurred by the Capital Regional District (CRD) for Oak Bay sewer projects
through the user charge based on water consumption and 30% is collected through
property taxes.
When the current method
of recovering costs was originally introduced, Ms. Walker advised that the
charges were calculated based on 80% of water consumption due to the fact that
not all water goes into the sewers, particularly during the summer months when
homeowners are irrigating their property.
Ms. Walker recently re-evaluated a number of properties for the billing
period of May to September and found that the percentage of the water
consumption in relation to sewer discharge should be reduced to 60%, which will
be reflected in the sewer user charge bylaw amendment that will be coming
forward.
While the majority of
Council did not express a desire to change the current formula for collecting
sewer costs, a member of the Committee reiterated his opposing points of view as
expressed in past years with respect to a portion of sewer charges being collected
through utility billing versus being collected through taxation.
MOVED by
Councillor Jensen
Seconded by Councillor
Carson, That the percentage of water consumption used to calculate the 70% of
the sewer costs collected through utility billing be reduced from 80% to 60%.
CARRIED
(Councillor
Herbert against the motion)
PUBLIC WORKS
SECTION:
(Chairman – Councillor Herbert)
|
2. |
2007-293 2007-293-1 |
DIRECTOR OF ENGINEERING SERVICES, November 1, 2007 SHARON KINAHAN, October 24, 2007 Re
Boulevard Encroachment Application – |
MOVED by
Councillor Jensen
Seconded by Councillor
Copley, That it be recommended to Council that approval be given for a
boulevard encroachment adjacent to 1021 Island Road for the purpose of
installing landscaping, as shown on the sketch attached to correspondence item
no. 2007-293-1, subject to the plantings being maintained free and clear of any
manhole or other municipal appurtenance for a distance of not less than 1.5
metres, and subject to the owners entering into a boulevard encroachment
agreement on terms set by the Municipality.
CARRIED
|
3. |
2007-294 |
DIRECTOR OF ENGINEERING SERVICES, November 1, 2007 Re
Boulevard Encroachment Application – |
MOVED by
Councillor Jensen
Seconded by
Councillor Copley, That it be recommended to Council that approval be given for
a boulevard encroachment adjacent to
CARRIED
LAND USE SECTION: (Acting
Chairman – Mayor Causton)
|
4. |
2007-295 |
DIRECTOR OF
BUILDING AND PLANNING, October 19, 2007 Re Development Variance Permit Application – 2032
Esplanade |
The Director
of Building and Planning provided an overview of the applicants request to
demolish the existing house on the small lot and construct a new house in almost
the same footprint, which would require a number of variances as laid out in
his memorandum.
A previous
application was made, and notice sent to residents, he said. However, this new application replaces the
old one, and would require notice being given again, should the application
move forward.
It was noted
that the current house is legal non-conforming with respect to height and
setbacks and that the new house is very similar in dimensions to the current
house with the biggest exception being the height of the proposed house
increasing by approximately five feet.
A member of
the Committee encouraged the owners to consider deconstructing the old house and
recycling materials wherever possible.
Christian
Gaujous, Castel Design, responded by saying that the homeowners looked
into moving the house but were told that the house was too small and it would
not be worthwhile to barge or move the house.
Mr. Gaujous indicated that they have contacted various recycling
companies to arrange salvaging as many of the deconstructed materials as
possible.
MOVED by
Councillor Jensen
Seconded by Councillor
Herbert, That a resolution authorizing the issuance of a development variance
permit for 2032 Esplanade be prepared and brought forward to Council for formal
consideration.
CARRIED
|
5. |
2007-296 |
DIRECTOR OF
BUILDING AND PLANNING, October 30, 2007 Re Development Variance Permit Application – |
MOVED by
Councillor Jensen
Seconded by Councillor
Herbert, That a resolution authorizing the issuance of a development variance
permit for
CARRIED
|
6. |
2007-297 2007-297-1 |
DIRECTOR OF
BUILDING AND PLANNING, October 30, 2007 EVELYN HAMBLEY, [Undated] Re 1)
Development Variance Permit Application
2) Request to Undertake Work on Trees Protected by Restrictive Covenant |
The Director of Building
and Planning explained that the applicants wish to develop the rear yard by constructing
a paved patio and pathway areas, which are considered to be structures, and as
such, are limited to 5% of the total lot area.
The proposed works would develop more that 5% of the total lot area as
patio, therefore requiring a development variance permit.
Staff responded to
various questions from the Committee with respect to the application and the
proposed plans, noting that the proposed patio wall would be three to four feet
high in most places, and that patio stones would be utilized as well as concrete.
Attention was drawn to
the two restrictive covenants registered against the property, and the
Municipal Administrator advised that the covenant between the applicant’s
property and an adjoining property owner was now spent and of no further effect.
However, he said, the covenant registered in favour of the Municipality was
implemented when the re-subdivision of the area took place and is binding
today. At the time of subdivision, said Mr. Cochrane,
Responding to questions,
Mr. Cochrane agreed that the development variance permit application is out of
keeping with what the Council of the day had in mind when placing the covenant
against the property, but the plans do not contravene the covenant.
Marke Hambley, 574
Island Road, assured members of the Committee that he is sensitive to
keeping the spirit of the environment, and feels that his proposed plans will
enhance as well as beautify the area. Dr.
Hambley noted that with the sloping property the proposed expansion to the
patio would provide more use of his yard.
Further questions arose
regarding the application, and it was suggested that it would be helpful if the
Designer was in attendance to respond. Noting this and the fact that some
members of the Committee had not yet been able to visit the site, Mayor
Causton suggested that a site visit with members of the Committee, the
homeowner and the architect be set up prior to a recommendation being made as
to whether or not to proceed to the next step of the development variance
permit process.
Mayor Causton
indicated that the request to undertake work on trees protected by the
restrictive covenant registered to this property would also be addressed at the
next scheduled Committee of the Whole meeting.
Councillor
Braithwaite arrived at the meeting at 8:22 p.m.
MOVED by
Councillor Herbert
Seconded by Councillor Jensen,
That the development variance permit application and the request to undertake
work on trees protected by a restrictive covenant be deferred to the next
scheduled meeting of Committee of the Whole.
CARRIED
|
7. |
2007-298 2007-298-1 2007-298-2 2007-298-3 2007-298-4 2007-298-5 2007-298-6 2007-298-7 2007-298-8 2007-298-9 2007-298-10 2007-298-11 2007-298-12 2007-298-13 2007-298-14 |
MUNICIPAL
ADMINISTRATOR, August 29, 2007 RICK
GONDER, August 22, 2007 CAROLYN
CHODECK et al, [Undated] MARGARET
MORRISON, August 29, 2007 SAFER
CYCLING CYNTHIA
BENNETT, September 4, 2007 ANIELA
WOODWARD, September 4, 2007 PHILIP
JACKSON, September 9, 2007 DIANE
DAVIS, September 10, 2007 JOE
KERKHOVEN, September 25, 2007 ERIC
NIELSEN, October 9, 2007 DONNA
AND BRIAN MCCONNELL, October 9, 2007 ELANA
SCRABA, October 12, 2007 LUCILE
AND NORMAN HUTCHINGS, October 15, 2007 RICK
AND JILL LEE, October 15, 2007 Re
Proposed Zoning Bylaw Amendment/Official Community Plan Amendment for
Municipal Parking Lot at |
The Municipal
Administrator noted that at its August 13, 2007 meeting, the Committee of the
Whole requested that staff provide a report with respect to the financial
implications regarding the proposed parking development at
Drawing attention to his
memorandum, the Municipal Administrator noted that the property was purchased with
funds from the Land Sale Reserve Fund with the intention of eventually
developing the property for parking use.
With respect to the
rental income from the house currently on the property, Mr. Cochrane commented
that the net proceeds are returned to the Land Sale Reserve Fund and are not treated
as current revenue so there are no property tax implications with respect to
the loss of income.
The allowable uses of
the Parking Reserve Fund would include parking areas in and around the Village,
said Mr. Cochrane, and as an example, some of the funds have been used for creating
parking under the library and constructing the parking lot across the street
from the Monterey Centre.
Members of the Committee
expressed their views and concerns regarding
It was the view of some
members of the Committee that the information obtained from the comprehensive traffic
and parking studies supplied in relation to the Penny Farthing Public House
development did not seem to indicate that there was a great demand for
additional parking in the Village.
Mayor Causton commented
that with respect to the neighbouring residents, it would appear that they are
reasonably satisfied with the current parking regulations. However, he said that while walking the area
at various times of the day, it was observed that many of the Village employees
are parking close to the businesses and he pointed out that there are various
sites available for employee parking such as at the United Church, Fireman’s
Park, and on weekends the Municipal Hall parking lot sits virtually empty.
It was the consensus of
the Committee that although at some point there would be a need to address parking
in the Village and to utilize the Parking Reserve Fund that has been
contributed to by developers for that purpose, it was agreed that at this time the
plan for the parking lot at 1531 Hampshire Road should not be proceeded with.
Mayor Causton thanked
Councillor Herbert for his diligent efforts in exploring alternate parking
options in the Village as he had been requested to do.
MOVED by
Councillor Herbert
Seconded by Councillor
Braithwaite, That correspondence items no. 2007-298 to 2007-298-14 be received.
CARRIED
|
8. |
2007-299 2007-299-1 2007-299-2 2007-299-3 2007-299-4 2007-299-5 2007-299-6 2007-299-7 2007-299-8 2007-299-9 2007-299-10 2007-299-11 2007-299-12 2007-299-13 2007-299-14 2007-299-15 2007-299-16 |
MUNICIPAL
ADMINISTRATOR, October 16, 2007 DE’LISH
FINE FOODS AND CATERING, October 31, 2007 D. E. BIRD,
August 25, 2007 RAY ELFORD,
September 10, 2007 SCOTT AND
SANDI PIERCY, October 14, 2007 DIANE AND
PAUL ERICKSON, October 16, 2007 CLAIRE PATERSON, October 18, 2007 JENNIFER DEROCHER, October 19, 2007 SOPHIE
DRINNAN AND MARY UNWIN, October 28, 2007 JOHN
PIRQUET, October 27, 2007 DOUG AND
BARB RUTHERFORD, October 29, 2007 JANE WEBB
AND FAMILY, October 30, 2007 JAMES BAIRD, October 18, 2007 JAMES BAIRD, November 2, 2007 MARY DOUGLAS HUNT, October 19, 2007 MICHAEL WEBB et al, November
2, 2007 Re Proposed Zoning Bylaw Amendments – |
The Municipal
Administrator provided an overview regarding de’lish Fine Foods and Catering’s
application to amend the Zoning Bylaw to allow dining on the premises and to
permit the associated seating. Mr.
Cochrane reiterated the possible options he drew attention to at a previous
meeting for the Committee’s consideration:
1) deny
the rezoning application for 677 St. Patrick Street, which would see the zoning
remain as C-1 which allows a small array of uses that does not include a
delicatessen, or seating for food consumption, therefore de’lish would have to
revert back to what is permitted;
2) create
a new zone for de’lish only that would allow twenty seats, which would leave
Demitasse at ten seats, with an option to apply for rezoning to allow twenty
seats;
3) rezone
de’lish to C-4, the same as Demitasse, and also increase the number of
allowable seating from ten to twenty seats in that zone;
4) rezone
de’lish to C-4, the same zoning for Demitasse, which currently allows ten
seats.
From the four
options, staff was directed to draft an amendment to the Zoning Bylaw, which is
attached to correspondence item no. 2007-299, to rezone de’lish to C-4, the
same as Demitasse, and also increase the number of allowable seating from ten
to twenty seats in that zone, said Mr. Cochrane.
With respect
to the Zoning Bylaw amendment before the Committee, Mr. Cochrane drew attention
to his memorandum describing the reasons for the re-write which represents a
more extensive revision than just substituting “10 seats” for “20 seats”.
It was
further noted by Mr. Cochrane that the draft bylaw contains a new section that would
restrict the location on the property for outdoor seating and for the location
of any outdoor display of produce and other goods.
Following discussion
with respect to the sections of the draft bylaw addressing outdoor use, it was
the view of the Committee that the section restricting the siting of outdoor
seating on an exterior lot line to 3.65 metres from such a lot line where
adjacent to a residential zone, and that prohibiting the display of goods for
sale along an exterior lot line where adjacent to a residential zone, were not
necessary.
Regarding
delivery vehicle noise and parking, it was observed by a member of the
Committee that the parking seems to be more of an issue in the vicinity of
Demitasse than de’lish and he felt that this issue could be addressed by
working with the owners of Demitasse and that the noise concerns could be
addressed through the Anti-Noise Bylaw. It
was also noted by a member of the Committee that cars back out onto
In response,
the Director of Engineering Services acknowledged that the parking adjacent to
Demitasse along
The issue of
whether or not a separate zone should be considered in relation to the rezoning
application for
MOVED by
Councillor Jensen
Seconded by Councillor
Copley, That the draft Zoning Bylaw attached to the memorandum from the
Municipal Administrator (correspondence item no. 2007-299) be amended to only restrict
the siting of outdoor seating to 1.5 metres (4.9 feet) from an exterior side
lot line and to permit the display of goods for sale along an exterior side lot
line up to 1.5 metres from a principal building, and that the draft Bylaw, as
amended, be brought forward to the next meeting of Council for formal consideration.
CARRIED
ADJOURNMENT:
MOVED by
Councillor Herbert
Seconded by
Councillor Jensen, That the meeting of Committee of the Whole be adjourned.
CARRIED
The meeting adjourned at
9:45 p.m.
Certified Correct:
|
Municipal
Clerk |
|
Acting
Chairman, Finance Section |
|
Acting
Chairman, Land Use Section |
|
Chairman,
Public Works Section |
|
|
|
|