MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
|
PRESENT: |
Councillor P. Copley
(Acting Mayor) Councillor H.
Braithwaite
Councillor S. F. B.
Carson Councillor A. R.
Cassidy 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. Marshall |
Acting
RECREATION SECTION: (Chairman – Councillor
Carson)
|
1. |
2007-270 |
OAK BAY
PARKS AND RECREATION COMMISSION, October 3,
2007 Re Minutes
of Monthly Meeting |
(
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That the minutes of the meeting of the Oak Bay Parks and Recreation Commission
held on Wednesday, October 3, 2007, and the recommendations contained therein,
be adopted.
CARRIED
FINANCE SECTION: (Chairman – Councillor
Braithwaite)
|
2. |
2007-271 |
MUNICIPAL
TREASURER, October 1, 2007 Re Monthly Financial Reports |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
That the monthly financial reports for September 2007 be received.
CARRIED
TRAFFIC AND PEDESTRIAN SAFETY: (Chairman – Councillor
Copley)
|
3. |
2007-272 2007-272-1 2007-272-2 2007-272-3 |
DIRECTOR OF ENGINEERING SERVICES, October 9, 2007 ROBERT TRAVIS, October 1, 2007 BETTY AND PETER WALSH et al,
August 17, 2007 ROBERT AND CHRIS TRAVIS, October 15, 2007 Re
Traffic in the Vicinity of Monterey Middle
School |
The Director of
Engineering Services reviewed his memorandum regarding traffic in the vicinity
of Monterey School in response to concerns raised by residents in the area, and
their specific suggestions for addressing those concerns.
Mr. Marshall advised
that to address the issues experienced by residents with cars being parked in
such a way as to block their driveway access, it is possible to paint yellow
strips adjacent to select driveway entrances, and then evaluate the
effectiveness of those strips with the residents later on. He noted that
painting yellow lines, however, does pose an ongoing maintenance issue and the
effectiveness is not always assessable, which is why he would recommend painting
only a few lines initially.
The suggestion made by
residents with respect to converting Monterey Avenue and Oliver Street to one
way traffic only, said Mr. Marshall, is not supportable from an engineering
point of view, and can lead to an increase in safety concerns as noted in his
memorandum.
In response to requests
for resident only parking in the vicinity of the school, Mr. Marshall indicated
that the data collecting by the Engineering Department concluded that the
majority of the parking issues occur just before and just after school hours,
suggesting that the implementation of such a regulation would result in the
loss of parking spaces during the rest of the day would not be of benefit to
the community as a whole.
The option of paving a
strip on the south side of Tinto to allow for parking was also suggested by
residents, said Mr. Marshall, however, this is not considered justified at this
time based on municipal staff observations. Additionally, he said, should
paving this area be considered in the future, a parking demand study and
consultation with the neighbours would be warranted.
There was discussion
regarding the issues raised, and it was suggested that inasmuch as the school
has only been in session since September, it was too early to really evaluate
the impact of the school reconfiguration on traffic and parking. The
construction, it was noted, has also compounded issues, however, the majority
of the work is expected to be complete in the next couple of weeks.
Barbara Narver, 873
Oliver Street, pointed out that in her observation, parents of school
children were the worst offenders for contravening the parking regulations, and
stated her concerns regarding access for emergency vehicles in the area.
It was suggested that
perhaps the Parent Advisory Council and school staff could assist with an
education campaign to reduce the contravention of the pick up, drop off and no
parking regulations in the vicinity of the school.
Mr. Marshall responded
to questions raised by residents regarding the possibility of painting a yellow
line along the east side of Oliver, noting that he would be reluctant recommend
eliminating parking in this situation.
Sharon Plater, 813
Oliver Street, said she experiences parking problems outside of the school
pick up and drop off times, noting that she would support yellow lines being
painted adjacent to her driveway to stop it from being blocked by parked
vehicles. She further expressed her concern that Monterey Avenue is too
narrow for parking and traffic, together.
MOVED by Councillor
Jensen
Seconded by Councillor
Braithwaite, That one metre yellow strips be painted on curbs adjacent to
selected driveways in the vicinity of Monterey School, and that staff consult
with the residents regarding their effectiveness following an assessment
period.
CARRIED
|
4. |
2007-273 2007-273-1 |
DIRECTOR OF ENGINEERING SERVICES, October 9, 2007 TOYOKO DOYLE, September 14, 2006 Re
Proposed Pedestrian Activated Crosswalk Lights at Foul Bay Road and Byron
Street |
The Director of
Engineering Services provided an overview of his memorandum regarding a request
for pedestrian activated crosswalk lights on Foul Bay Road where it intersects
with Byron Street. He advised that a system is used for evaluating such
installations based upon a recognized set of criteria, and in the case at hand,
the lights are not warranted and in fact, the existing crosswalk itself is not
completely warranted either.
Mr. Marshall went on to
say that Engineering staff would, nonetheless, include the intersection within
a list of “high profile” crosswalks that gets considered by the Insurance
Corporation of British Columbia (ICBC) for input and a possible funding
contribution should ICBC feel lights would be beneficial in that location
MOVED by Councillor
Jensen
Seconded by Councillor
Braithwaite, That the crosswalk located on Foul Bay Road at Byron Street
continue to be monitored by staff.
CARRIED
Ray Fieltsch, 2079 Byron
Street,
noted that the east side of the sidewalk adjacent to the above noted crosswalk
is quite narrow, making it difficult to make a turn from the sidewalk onto the
crosswalk, and that there are also visibility problems due to the existing
hedge. Mr. Marshall indicated staff would look at the hedge to see
whether or not it should be trimmed back to improve visibility.
|
5. |
2007-274 |
DIRECTOR OF ENGINEERING SERVICES, October 9, 2007 Re
Bike Path Provision – Foul Bay Road at Lansdowne Road |
The Director of
Engineering Services outlined the two options for providing a bike path
adjacent to the sidewalk along the east side of Foul Bay Road north of the
intersection at Lansdowne Road, noting that option B, as noted in his report,
is the recommended option at a cost of $40,000.
Mr. Marshall answered
questions from the Committee, indicating that there may be room to shift the
pathway slightly more east, however, there are services underground that need
to be avoided. He also indicated, in response to a question, that
eliminating the southbound left turn lane from Foul Bay Road on to Lansdowne
Road, to make the east traffic lane wider to accommodate cyclists, would result
in an undesirable alignment on the west side of Foul Bay Road for cyclists
heading south.
With respect to possible
funding sources, Mr. Marshall indicated that there may be matching grant funds
available, and that staff would pursue this option should the Committee wish to
refer the item to Estimates Committee. It was also pointed out that it
may also be possible to fund up to half of the cost from the traffic calming
budget, should a grant be received for the other half.
MOVED by Councillor
Cassidy
Seconded by Councillor
Jensen, That correspondence item no. 2007- 274 be referred to Estimates
Committee.
John Luton, 22 Phillipa
Place, Capital Bike and Walk Society and Jane van Hoorn, 2965 Oakdowne Road, both
expressed their support for the proposed option B, which they felt would result
in safer travel for cyclists.
The question was then
called.
CARRIED
PUBLIC WORKS SECTION: (Acting Chairman
–Councillor Carson)
|
6. |
2007-275 2007-275-1 |
DIRECTOR OF ENGINEERING SERVICES, October 9, 2007 YVONNE
AND HUGH RORISON, [Undated] Re
Boulevard Encroachment Application – 15 Beach Drive |
MOVED by Councillor Jensen
Seconded
by Councillor Copley, That it be recommended to Council that approval be given
for a boulevard encroachment at 15 Beach Drive for the purpose of installing
landscaping and fencing, subject to the plants on the boulevard being trimmed
to a height not to exceed 0.9 metres above the road surface, on the property
north-side, east for a distance of 20 metres from the property north-west
corner, and on the property west-side for 20 metres from the existing driveway
to the existing fence, and that the existing fence be permitted to stay as is, all
subject to the owners entering into a boulevard encroachment agreement on terms
set by the Municipality.
CARRIED
|
7. |
2007-276 2007-276-1 |
DIRECTOR OF ENGINEERING SERVICES, October 9, 2007 JIM
AND NICOLA LAMORTE, October 2, 2007 Re Boulevard Encroachment Application – 867
Transit Road |
MOVED by Councillor Jensen
Seconded
by Councillor Cassidy, That it be recommended to Council that approval be given
for a boulevard encroachment at 867 Transit Road for the purpose of installing
landscaping, subject to a 1.5 metre grass strip being installed adjacent to the
existing sidewalk, and that there is adequate space to accommodate a vehicle on
private property (a width of 5.5 metres), and subject to the owners entering
into a boulevard encroachment agreement on terms set by the Municipality.
CARRIED
|
8. |
2007-277 |
FIRST
METROPOLITAN UNITED CHURCH, September 25, 2007 Re Request
to Place Railing Along Willows Beach Walkway |
MOVED by
Councillor Jensen
Seconded by
Councillor Copley, That the request to place railing along Willows Beach
walkway be referred to the Oak Bay Parks and Recreation Commission.
CARRIED
|
9. |
2007-278 |
VICTORIA
CAR SHARE COOPERATIVE, October 1, 2007 Re Request
to Occupy Municipal Parking Space |
MOVED by
Councillor Braithwaite
Seconded by
Councillor Jensen, That it be recommended to Council that the Victoria Car
Share Cooperative be given permission to occupy one parking space at the
Monterey Avenue parking lot adjacent to the Monterey Centre until May 31, 2009,
and that the Mayor and Municipal Clerk be authorized to execute an agreement
with the Cooperative for the use of the parking space.
CARRIED
LAND USE SECTION: (Chairman – Councillor
Cassidy)
|
10. |
2007-279 2007-279-1 2007-279-2 2007-279-3 2007-279-4 2007-279-5 2007-279-6 2007-279-7 2007-279-8 2007-279-9 2007-279-10 2007-279-11 2007-279-12 2007-279-13 2007-279-14 2007-279-15 2007-279-16 2007-279-17 2007-279-18 2007-279-19 2007-279-20 2007-279-21 2007-279-22 2007-279-23 2007-279-24 2007-279-25 2007-279-26 2007-279-27 2007-279-28 2007-279-29 2007-279-30 2007-279-31 2007-279-32 2007-279-33 2007-279-34 2007-279-35 2007-279-36 2007-279-37 2007-279-38 2007-279-39 2007-279-40 2007-279-41 2007-279-42 2007-279-43 2007-279-44 2007-279-45 2007-279-46 2007-279-47 2007-279-48 2007-279-49 2007-279-50 2007-279-51 2007-279-52 2007-279-53 2007-279-54 2007-279-55 2007-279-56 2007-279-57 2007-202 |
DIRECTOR OF
ENGINEERING SERVICES, October 11, 2007 VALERIE AND
BARRY ARNSDORF, August 15, 2007 JOHN AND
MARG BOWRON, August 16, 2007 BETTY
STANGER, August 17, 2007 JULIE AND
BILL PEARCE et al, August 18, 2007 KAREN
EVERS-FAHEY, August 18, 2007 BARBARA
NEWTON, August 20, 2007 PAMELA
DALE, August 20, 2007 JAMES HILL,
[Undated] STEVE
LONERGAN, [Undated] AVIGAIL
EISENBERG, August 21, 2007 BONNIE AND
GLENN MILBURY, August 21, 2007 TARA
DOUGLAS, August 21, 2007 JANET AND
ALAN KAPLAN, August 22, 2007 REIDAR
SUNDBY, August 25, 2007 PAT AND
JOHN PALMER, August 25, 2007 MAURICE
DUNNER, August 25, 2007 RANDI
MASTERS AND SANDY COLQUHOUN, [Undated] JOSEPH
BLAKE, August 27, 2007 JANE AND
MIKE WEBB, August 28, 2007 CHELSEA
HOFFMAN, August 28, 2007 NANCY AND
JOHN COCKBURN, August 28, 2007 JEAN
CHURCHILL, August 19, 2007 TOM STONE,
August 26, 2007 HEATHER
MACANDREW AND DAVID SPRINGBETT, August 27, 2007 NANCY AND
JOHN COCKBURN, September 4, 2007 JANE AND
MIKE WEBB, September 4, 2007 S. BRUCE
VALLANCE, September 4, 2007 DOUGLAS
MCKENZIE, September 6, 2007 ROGER AND
THERESA TALLENTIRE, September 6, 2007 DEAN
STELMASCHUK AND GERTIE ZEITER, September 6, 2007 HEATHER
MACANDREW, September 6, 2007 ERIC AND
CARMELLE NIELSEN, September 7, 2007 CAROLYN
HEIMAN AND WAYNE JENSEN, September 10, 2007 BARRY AND
MARY THOMAS, September 10, 2007 ELISABETH
SILVESTER and JACQUELYN MULDERS, September 10, 2007 LAURIE
PIAZZA, September 11, 2007 JOHN AND
JANET SPENCE, September 12, 2007 BARDY
HAVERUK, September 17, 2007 JOHN DAVIS,
September 17, 2007 NAN
STEWART, [Undated] BARBARA
BLACK, September 21, 2007 GARTH
CATERS, September 26, 2007 ERIC
NIELSEN, October 9, 2007 DONNA AND
BRIAN MCCONNELL, October 9, 2007 DE’LISH
BAKERY, October 10, 2007 MARK DAVIES
et al, August 23, 2007 JANE WEBB,
October 9, 2007 PATRICIA
WILSON et al, [Undated] SANDRA
KURVERS, August 20, 2007 LORRAINE
BURKE, August 26, 2007 DOLORES
TODD, September 5, 2007 ISLAND WEST
MANUFACTURERS, August 7, 2007 RDI, August
15, 2007 ELANA
SCRABA, October 12, 2007 JACK
SCISSONS AND RUTH DECARY, October 14, 2007 RICK AND
JILL LEE, October 15, 2007 PATRICIA
HANRAHAN, October 15, 2007 DIRECTOR OF
BUILDING AND PLANNING, July 17, 2007 Re Proposed
Zoning Bylaw Amendments – 677 St.
Patrick Street/ 2164
McNeill Avenue |
Councillor Cassidy noted
that the business owners of 677 St. Patrick Street (de’lish) made application
to amend the Zoning Bylaw to allow seating for up to 20 customers. He also noted that currently, 2164 McNeill
Avenue (Demitasse) has seating for ten customers with C-4 Zoning. When the application was first before Council
it was suggested that consideration be given to amending the Zoning Bylaw with
respect to both properties to consider 20 seats for each. Since that time, he said, staff was asked to
provide a report on the traffic and parking situation in the vicinity of both
properties.
The Director of
Engineering Services provided an overview of his traffic report for the
vicinity of 677 St. Patrick Street and 2164 McNeill Avenue (correspondence item
no. 2007-279). Mr. Marshall drew attention
to the data collected with respect to traffic volume, recorded speeds, parking
and reported accidents in and around the two areas, noting that there does not
appear to be any issues regarding vehicle speeds along St. Patrick and Central
Avenue, that traffic counts were not excessive, and since 1999, three accidents
have been reported. As for the parking,
said Mr. Marshall, it was observed that parking demand was not high, however, municipal
staff often found that vehicles partially blocked driveways while shopping at
the local stores, which could possibly be remedied by painting one metre yellow
lines on either side of the driveway entrances. This option, however, causes ongoing
maintenance issues and is not proven to be effective. It was noted that there are three on-street
parking stalls on Central Avenue and three parallel parking stalls on St. Patrick
Street. Overall, traffic in this
vicinity is satisfactory in terms of safety and level of service, he said.
Mr. Marshall went on to
say that in the vicinity of McNeill Avenue and Roslyn Road, traffic volume was recorded
as being higher on McNeill, with slightly excessive speeds being observed. As for accidents at this intersection, two
have been reported since 2000. Mr.
Marshall indicated that parking in front of Demitasse is of concern as vehicles
are required to back out on to McNeill Avenue, creating a potentially unsafe
situation, and he noted that the parking stalls on Roslyn Road are short enough
to cause vehicles to overhang onto the road. With respect to parking volume, staff
observations varied with one of the four times being high demand and the other
three times were considered to be low demand on parking in the area.
Mr. Marshall advised
that a co-relation between the findings of the Engineering Department and the
proposed increased seating at either establishment could not be readily
observed. Should it be found that a
parking demand study and consultation is warranted, Mr. Marshall suggested that
an independent consulting firm be used.
Responding to the
parking concerns raised regarding 2164 McNeill Avenue, the Municipal
Administrator pointed out that the issues brought up refer to parking on private
property, and the Municipality is not in a position to ask for that parking
area to be reconfigured.
It was the majority view
of the Committee that the two properties at 677 St. Patrick Street and 2164
McNeill Avenue not be dealt with individually, as suggested by a member of the
Committee.
Paul Holmes, 2186
McNeill Avenue, commented that a group of residents that originally formed
a group called the McNeill/Roslyn Community Association, has expanded to
encompass residents concerned about the proposed Hampshire Road municipal
parking lot, the proposed expansion at the Royal Victoria Yacht Club, as well
as the proposed rezoning for de’lish and Demitasse properties, and the group is
now called the Oak Bay Community Association.
Mr. Holmes gave an overview
of his concerns noting that the municipal process when considering proposed
developments should keep in mind the impact it has on protecting residential neighbourhoods. Mr. Holmes also noted that the potential
increase in traffic and parking, additional delivery vehicles, and an increased
threat to the safety of children in the neighbourhood is of concern.
Mr. Holmes drew
attention to the Official Community Plan saying it should be a guiding document
to reflect how residential neighbourhoods can be protected and limit growth
without taking away from what already exists in a community.
In conclusion, Mr.
Holmes expressed his view that by having the agenda available earlier it would
permit more time for residents to prepare for an upcoming meeting of interest.
Diane Erickson, 2157
Crescent Road, drew attention to the fact that the businesses have not
been plunked into these locations but have grown with, and contributed to the
areas by offering small locally owned bakeries to the neighbourhood.
Judith Andersen, 1265
Roslyn Road, expressed that she did not want it to appear that all the
neighbours are included in the Oak Bay Community Association referred to
earlier and that she supports the proposed additional seating for both
properties. As a close neighbour, Ms.
Andersen said she does not think that the addition of ten seats at Demitasse
Bakery will increase parking or the number of deliveries to the store. In fact, she said, by adding the seats, it
will get the people inside the store rather than sitting outside.
Paul Drummond, 1081
Roslyn Road, said that as a resident on Roslyn Road for 31 years, he has
seen the commercial area change from a store with less traffic to a busy
business with an increase in vehicular activity.
In the 1980’s, Mr.
Drummond recalled that the Council of the day declined a request expand the
store at the corner of Roslyn and McNeill due to the impact it would have on
the neighbours and he feels that the same holds true now and that the nearest
neighbours would be most affected by the proposed changes.
Mr. Drummond expressed his
concerns with respect to the inadequate parking at Demitasse and the fact that
vehicles have to back out onto the road when exiting the premises, and, he
said, Demitasse and de’lish should be addressed as separate issues.
Richard Kutcher, 1630
Hampshire Road, questioned the precedent being set by de’lish Bakery, as
the owners bought the business with some seating that was in use and there was
no due diligence in checking that the zoning permitted this. Mr. Kutcher commented that by allowing the
historical seating, Council is condoning improper use as grounds for
rezoning.
Mr. Kutcher drew a
similar comparison regarding the proposed parking lot on Hampshire Road noting
that although the property may have originally been purchased for future
development as a parking lot, the Official Community Plan and Zoning Bylaw did
not reflect this.
Ray Elford, 742 St.
Patrick Street, noted he had sent in correspondence that was not included
in the agenda package. Mr. Elford commented
that with the opening of the renovated de’lish Bakery and with Casey’s Market
nearby, together there are too many seats causing a parking issue and a safety
concern for children in the area.
Mr. Elford felt that the
traffic counter placement on St. Patrick Street should not have been located on
the south side of Central Avenue as most vehicles travel from Oak Bay Avenue to
the south, and further he noted that the amount of traffic continues to
increase.
Bob Gubbe, 1584
Hampshire Road, said he has been an area resident for 30 years, and feels
that the Official Community Plan (OCP) should be brought back to express the
wishes of residents when considering future development of the community to
provide a sense of certainty rather than a sense of disquiet with the OCP being
changed to accommodate development. Mr.
Gubbe said he would like to see more opportunity for the community to be
consulted with respect to development changes that affect area residents.
Diane Davis, 1534
Hampshire Road, commented that people do not purchase their homes hoping
for more traffic. Ms. Davis said that
Oak Bay’s population has seen just a small increase, therefore the traffic
increases are more likely caused by small businesses and additional family
members driving, which in turn, negatively affects neighbourhoods and the
community.
Richard Mimick, 1019
Roslyn Road, said he lives across the street from Demitasse and although
he did not report the accidents, he has had his cars hit three times. He also invited others to stand on his porch
and see if they like the view that he has.
As well, he said the OCP has one goal and the community needs to live
it.
Mr. Mimick, wanted to put
right a comment a member of Council had made that indicated when Boland’s
Bakery was operating it had 18 seats, but in fact he said, it had six seats.
Nancy Pekter, 2160
McNeill Avenue, said that living next door to Demitasse raises concerns
regarding traffic, which includes, trucks, cars, cyclists, pedestrians, and Monterey
School traffic (due to being reconfigured to a middle school) causing the area
to be congested. At times, she said, delivery trucks block driveways,
sightlines and park on the yellow lines and that her and her mother’s cars have
both been hit.
Ms. Petker noted that
the owners of Demitasse do not have as much of a stake in the neighbourhood now
that they do not live in the vicinity and she would like to see the business be
kinder to the neighbours.
Barb Rutherford, 1026
Roslyn Road, said that she loves Demitasse, saying it is a jewel and a
wonderful addition to the community. Ms.
Rutherford noted that the traffic, of all sorts, can be heavy and that care
should be taken when negotiating through parked cars as it is a busy corner
with the potential for accidents. She
would like to see the area made safer for the complex mix of users.
Jim O’Connell, 650 St.
Patrick Street, made reference to a comment made by the Mayor at a previous
meeting saying coffee shops are the heart of a community and Mr. O’Connell said
now there are two coffee shops within 100 feet of each other.
Mr. O’Connell said that
a precedent was set by former Boland’s Bakery with no seats inside and later
outside limited seating was offered for the bus drivers only. Now, de’lish Bakery has opened with 23 seats,
he said, and it looks more like a Bistro.
Additionally, Mr.
O’Connell commented that, in his opinion, as the former owners lived on site they
therefore had a greater stake in the community, whereas the current owners do
not.
Kathryn Pineo, 2164
McNeill Avenue, co-owner, Demitasse Bakery Store, addressing previous
comments made, said the reason for having the petition in the store was to
accurately clarify what the proposed changes would be and to see what people,
other than the neighbours, thought about the increase of ten seats. Ms. Pineo expressed her concern that many of
the issues being discussed have nothing to do with the actual seating request.
Ms. Pineo commented that
they were not invited to participate in the newly formed Oak Bay Community
Association.
Responding to other comments
made earlier, Ms. Pineo said they originally lived on site but now reside
elsewhere in Oak Bay and as a business and residents they give to and are a
part of the community since buying the business ten years ago. As well, she said, the bakery has provided
job opportunities for Oak Bay’s youth over the years and their goal is just to
run a business.
As concerned residents,
Ms. Pineo said they would not be opposed to looking at improving safety in the
area, but felt that the store is not responsible for the incidents or for what
happens on McNeill Avenue.
In conclusion, Ms. Pineo
disagrees that the store is unsightly, and she said she would like to see the
process be fact based and stick with the issue of seating.
Chairman Councillor
Cassidy reminded speakers to focus on the land use issue at hand.
Claudia Mimick, 1019
Roslyn Road, wanted to clarify that past and future Oak Bay Community
Association meetings are not for the public to attend. Ms. Mimick said she sees garbage from her
front porch.
Martin Kors, 1030 Roslyn Road, expressed concern that
with the nature of the neighbourhood changing to include more families with
young children, the issue of safety is more relevant.
Following the public
input, the Municipal Administrator explained that with respect to the rezoning
application before Committee, he sees four possible options to consider:
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 Bakery 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 Bakery 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 Bakery to C-4, the same zoning
for Demitasse, which currently allows ten seats.
Responding to parking
requirements for commercial areas, the Director of Building and Planning noted
calculations for commercial areas are based on square footage and both de’lish
and Demitasse have the required number of parking spaces.
It was agreed that
traffic has increased and could be attributed to the nature of modern culture
which includes more drivers on the road as well as increased population.
Further discussion ensued regarding the OCP’s objective of maintaining the
inventory of commercial land to meet the day to day shopping needs of
residents. In this regard, it was
suggested that “walkable” communities where services are available within a
short distance from home are a way to meet such needs of residents.
Following discussion,
members of the Committee noted that, as is usually the case in considering
rezoning applications, it is important to balance the community benefit with
the impact on immediate neighbours with respect to this application.
The members of the
Committee agreed to move forward to the next stage of the process, which would see
bylaws drafted for consideration.
With respect to
questions regarding the number of seats being set at twenty, the Municipal
Administrator noted that the rezoning process would allow, in his view, the
reduction of the number of seats post public hearing, without requiring a
second public hearing.
MOVED by
Councillor Jensen
Seconded by
Councillor Braithwaite, That staff be directed to draft a Zoning Bylaw amendment
to rezone 677 St. Patrick Street to C-4 zoning and to increase the number of
seats permitted from ten to twenty seats in that zone, to be brought back to
Committee of the Whole at its November 5, 2007 meeting.
CARRIED
|
11. |
2007-280 |
DIRECTOR OF
BUILDING AND PLANNING, October 2, 2007 Re Uplands
Building Permit Application – 3295 Ripon Road |
MOVED by
Councillor Braithwaite
Seconded by Councillor Copley,
That it be recommended to Council that the proposed plans to construct a garden
shed at 3295 Ripon Road be approved as to siting and architectural design.
CARRIED
|
12. |
2007-281 |
DIRECTOR OF
BUILDING AND PLANNING, October 2, 2007 Re Uplands
Building Permit Application – 3075 Uplands
Road |
MOVED by
Councillor Braithwaite
Seconded by Councillor Copley,
That it be recommended to Council that the proposed plans to construct a
residential dwelling at 3075 Uplands Road be approved as to siting and
architectural design.
CARRIED
|
13. |
2007-282 |
DIRECTOR OF
BUILDING AND PLANNING, October 2, 2007 Re Uplands
Building Permit Application – 3000
Uplands Road |
MOVED by
Councillor Braithwaite
Seconded by Councillor Carson,
That it be recommended to Council that the proposed plans to construct an
accessory building at 3000 Uplands Road be approved as to siting and
architectural design.
CARRIED
|
14. |
2007-283 |
DIRECTOR OF
BUILDING AND PLANNING, October 10, 2007 Re
Development Variance Permit Application –
880 Byng Street |
The Director
of Building and Planning provided a brief overview, noting that when staff
responded to a noise complaint at 880 Byng Street, it was observed that the
owners had built a small addition, converted a garage into an art studio, and
added a small shed to the property without obtaining the required permits. In order for the shed to remain in its
current location and for the converted art studio to remain, the variances
described in correspondence item no. 2007-283 would be required.
Responding to
questions, Mr. Beattie confirmed that the house was conforming before the
changes were made and that the shed, behind a hedge, cannot be seen from the
road. As well, he said, there is now one
parking space available on the property.
Barb and
Larry Doughty, 880 Byng Street, explained that they came about the
projects innocently as described in their letter attached to correspondence
item no. 2007-283. Ms. Doughty added
that their conversion is not a unique use of a garage space in Oak Bay and
noted that she did not ask the appropriate questions of the building department
when inquiring about their renovation plans.
If they were told that the works could not be done they would not have
continued on, she said.