MINUTES
of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal
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PRESENT: |
Councillor S. F. B.
Carson , Acting Councillor
H. Braithwaite Councillor A. R.
Cassidy 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 Municipal
Treasurer, P. A. Walker Director
of Engineering Services, D. |
Acting
FINANCE SECTION: (Chairman –
Councillor Braithwaite)
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1. |
2007-240 |
MUNICIPAL TREASURER, September 1, 2007 Re Monthly Financial Report |
MOVED by Councillor Jensen
Seconded by Councillor Copley,
That the monthly financial reports for August 2007 be received.
CARRIED
RECREATION SECTION: (Chairman –
Councillor Carson)
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2. |
2007-241 |
Re Report of Monthly Meeting |
(Lorna Curtis, Manager,
Recreation Program Services, and Stephen D. Gorman, Chairman, Oak Bay Parks and
Recreation Commission, in attendance for this item.)
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, September 12, 2007, and the recommendations contained
therein, with the exception of the recommendations pertaining to the proposed Fireman’s Park
renovation, the municipal Linden tree at 2170 Beaverbrook Place, and the request
for funding to improve the Monterey Centre parking lot, be adopted.
CARRIED
Proposed
Fireman’s Park Renovation
As an
overview, it was noted that Oak Bay Baseball and Softball Association (OBBSA) has
expressed interest in applying to host the 2008 British Columbia Little League
Provincial Championship Tournament at Fireman’s Park. In
order for the Association to be considered to host the tournament, it would be
necessary to have approval in place to upgrade the lower field.
The estimated
cost for improvements to the lower field is $70,000, $38,000 of which Oak Bay
Parks and Recreation Commission is recommending be made available from the estimated
balance of the field improvement fund at the end of 2007, with the balance of
the amount to come from the 2008 budget.
Stephen
Gorman, Chairman, Oak Bay Parks and Recreation Commission, said the
OBBSA has some of its own funding in
place that has been earmarked for the necessary infrastructure improvements to
the dugouts and spectator stands required on top of the field improvements,
with plans to fundraise to cover the remainder of those costs.
In response
to a member of the Committee asking if another location, such as
In response to concerns
voiced by the Committee that enrolment numbers are dwindling, Justin Longo, President, Oak Bay Baseball
and Softball Association, said 180 players registered for baseball and 100 players
signed up for softball last season. He
also answered questions regarding the selection process for awarding the hosting
of a tournament to an association and explained why the proposed upgrades were
necessary in that regard.
Responding to questions,
the Municipal Administrator confirmed that Council cannot approve funding from
next years’ budget, however, staff could be directed to put the necessary
funding into the 2008 provisional budget for consideration by Council.
It was suggested that
should approval eventually be given for the proposed 2008 funds, early spending
approval could be sought early in the new year.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
That the recommendation from the Parks and Recreation Commission for approval
to spend $38,000 from the field improvement fund for field improvements to
Fireman’s Park be adopted, and further, that an additional $30,000 be included
in the provisional budget for remainder of the required upgrades in 2008.
CARRIED
Municipal
Mr. Gorman
noted that staff has administered various treatments to the Linden tree at 2170
Beaverbrook Place that are described in more detail in the Municipal Arborist’s
memorandum included in the agenda package.
It has been determined that the tree has no evidence of damage, and
although it is considered a nuisance by some, there is not sufficient reason from
the Parks and Recreation Commission perspective to remove the tree. As suggested by staff, said Mr. Gorman, removing
the
Responding to
a question regarding the number of complaints the Parks Department may receive
over the course of a year regarding trees that secrete honeydew like the
It was the
consensus of the Committee to adopt the recommendation of
Responding to
a question, the Municipal Administrator confirmed that Mr. and Mrs. Hooper had
been advised that there would be an opportunity at the meeting to address the
Committee of the Whole on the issue. It
was noted, however, that they were not in attendance for this item.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That the recommendation of the Parks and Recreation Commission regarding the
municipal
CARRIED
Improvements
to
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That the recommendation of the Parks and Recreation Commission regarding the
proposed improvements to the Monterey Centre parking lot be adopted.
CARRIED
PUBLIC WORKS SECTION: (Chairman –
Councillor Herbert)
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3. |
2007-242 2007-242-1 |
DIRECTOR OF ENGINEERING SERVICES, September 13, 2007 GUNTER HEINRICH, [Undated] Re
Boulevard Encroachment Application – |
MOVED by
Councillor Jensen
Seconded
by Councillor Herbert, That it be recommended to Council that approval be given
for a boulevard encroachment at 1953 Monteith Street for the purpose of
installing landscaping, an underground irrigation system, and walkway, subject
to the rhododendrons being placed at a distance of no more than 2 metres (6.5
feet) from the property line, subject to permits being obtained for the
irrigation system and walkway, and subject to the owners entering into a
boulevard encroachment agreement on terms set by the Municipality.
CARRIED
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4. |
2007-243 |
DIRECTOR OF ENGINEERING SERVICES, September 13, 2007 Re
“No-Corrode” Sewer Laterals Policy |
Support was
expressed by a member of the Committee to leave the “no-corrode” sewer lateral
replacement policy in place, which sees the Municipality pay for such
replacements where the no-corrode pipes have failed.
Responding to
questions from the Committee, the Director of Engineering Services explained
the reasoning behind the proposed change to the “no-corrode” sewer laterals
policy. He noted that no-corrode pipes
were installed over 50 years ago, and that now the Municipality uses PVC pipe
for sewer laterals. The PVC laterals,
said Mr. Marshall, are guaranteed by the Municipality on a pro-rated basis for
30 years. The no-corrode pipes already
exceed the maximum “guarantee” of new lateral materials by at least 20 years,
and the cost of the replacement of no-corrode pipes results in a
disproportionate cost to the Municipality, he said.
MOVED by
Councillor Jensen, That the “no-corrode” sewer laterals policy be revised to discontinue
free replacement of pipe made of that material.
The motion failed due to
the lack of a seconder.
MOVED by Councillor Carson
Seconded by Councillor Braithwaite,
That correspondence item no. 2007-243 be received.
Mr. Marshall answered
further questions from the Committee with respect to the quality of various
materials used for sewer laterals.
The question was then
called.
CARRIED
(Councillor Jensen against the motion)
LAND USE SECTION: (Chairman –
Councillor Cassidy)
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5. |
2007-244 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re |
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That it be recommended to Council that the proposed plans to construct an
accessory building in the rear yard at 2808 Dunlevy Street be approved as to
siting and architectural design subject to the issuance of a development
variance permit to reduce the minimum interior side lot line setback as
described in correspondence item no. 2007-244, being a memorandum from the
Director of Building and Planning dated September 11, 2007, and further that a
resolution to authorize the noted variance be brought forward for Council’s
consideration.
CARRIED
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6. |
2007-245 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re |
The Director
of Building and Planning noted that the Advisory Design Panel reviewed the
detailed plans for the new dwelling, however, the landscape plan was not yet
fully developed as various options are still under consideration to accommodate
a protected Garry Oak tree on the site.
In this regard, it was noted that the driveway location will need to be
changed, however, driveway location approval was not part of the Uplands
building permit application approval process in any event.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That it be recommended to Council that the proposed plans to construct a
residential dwelling at
A member of the
Committee was pleased to note the homeowners have applied to participate in the
Canada Green Building Council LEED for Home Case Study Program.
The question was then
called.
CARRIED
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7. |
2007-246 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That it be recommended to Council that the proposed plans to extend the
existing dormer at
CARRIED
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8. |
2007-247 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re (Royal |
Councillor
Herbert declared a conflict inasmuch as he is a member of the Saanich Peninsula
Yacht Club with reciprocal privileges with the Royal Victoria Yacht Club,
indicating that he would be unable to participate in discussion or vote on the
matter. Councillor Herbert left the
meeting at 8:25 p.m.
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That it be recommended to Council that the proposed plans to construct an
Environmental Paint and Oily Water Separator shed on the Royal Victoria Yacht
Club property at
CARRIED
Councillor Herbert
returned to the meeting at 8:26 p.m.
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9. |
2007-248 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re Development Variance Permit Application – 2032 Esplanade |
Responding
the questions from the Committee, the Director of Building and Planning advised
that the applicants wish to demolish the existing house and construct a new
house in almost exactly the same location, which would require a number of
variances as laid out in his memorandum.
The current house, he noted, is also non-conforming with respect to
maximum heights and the projection of the steps into the front lot line
setback.
MOVED by Councillor Carson
Seconded by Councillor Copley,
That a resolution authorizing the issuance of a development variance permit for
2032 Esplanade be prepared and brought forward to Council for formal
consideration.
A member of
the Committee inquired whether or not the owners had considered deconstructing or
moving the old house versus demolishing it.
Gord Jones
and Lindsey Keibel-Jones, 2032 Esplanade, explained that Nickel
Bros., a house moving company, had told them that the house could not be moved
from its location. Ms. Keibel-Jones
indicated that they have contacted a company that recycles salvaged items and
as many materials as possible will be recycled.
The question was then
called.
CARRIED
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10. |
2007-249 |
DIRECTOR OF
BUILDING AND PLANNING, September 11, 2007 Re Development Permit Application – ( |
Councillor
Braithwaite declared a conflict inasmuch as she is employed by Coast Capital
Savings, the main tenant at
Tom Moore,
Moore Paterson Architects, provided a brief overview of the proposed plans
to seismically upgrade the building, replace the deteriorating exterior
cladding material with a more aesthetically pleasing panelized metal, and to
update the tenant signage.
MOVED by Councillor Carson
Seconded by Councillor Herbert,
That a resolution authorizing the issuance of a development permit with respect
to
CARRIED
Councillor Braithwaite
returned to the meeting at 8:39 p.m.
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11. |
2007-250 |
MUNICIPAL ADMINISTRATOR, September 12, 2007 Re Urban Agriculture – Draft Zoning Bylaw Amendment |
The Municipal
Administrator drew attention to his report which provides information on the
approach taken to drafting the Zoning Bylaw amendment that would allow small-scale urban agriculture as a secondary use on residential
properties, in response to the directive from Council that arose from an
application for the change from the owners of City Harvest.
Responding to a question
regarding the possible inclusion of a signage prohibition in relation to the
use, Mr. Cochrane explained that although the Sign Bylaw would already prohibit
the erection or maintenance of signage of that nature, the prohibition could be
reiterated in the Bylaw as well, should that be the wish of the Committee.
Martin Scaia and Paula Sobie, owners of City Harvest, 2246
Bowker Avenue, were asked to comment on the proposed Bylaw, and noted that
they were generally pleased with the content but surprised that the maximum
area of land within the parcel permitted to be used for agriculture is limited
to a maximum of 95 square metres (1023 square feet) or 10% of the area of the
parcel, whichever is less. Ms. Sobie
indicated that natural factors of individual properties can affect plot
locations and with the limited garden size, the space suggested may not leave
as much room as would be needed for planting both produce and pollen-enticing
flowers used to enhance product growth.
It was suggested by Mr. Scaia that the maximum area of land permitted
to be cultivated on one property be increased to 325 square metres (3,500
square feet).
It was the majority view of the Committee that since such a
use has not been permitted for the last 50 years, it would be supportable to
start with the smaller area limit, which could always be evaluated and
increased in the future through a bylaw amendment. Additionally, it was suggested that perhaps
it might be possible to vary the maximum area, although staff was not in a
position to confirm whether this was possible or not without further
investigation.
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert,
That the draft Zoning Bylaw amendment be brought forward to Council for formal
consideration, with the addition of a prohibition on signage in relation to the
urban agriculture use.
The discussion turned to
the one property in
MOVED by Councillor
Jensen
Seconded by Councillor
Copley, That the motion be amended to direct that the draft Bylaw be amended to
increase the maximum area of land permitted to be used for small scale urban
agriculture to 190 square metres (2045 square feet) or 20% of the area of the
parcel, whichever is less.
DEFEATED
(Councillor
Braithwaite, Carson, Cassidy and Herbert against the motion)
Responding to questions
from the Committee, Mr. Cochrane advised that even educational signage in
relation to City Harvest’s business and its benefits would not be
permitted. With respect to owners being
able to plant additional areas of land for their own use besides that allowed
in relation to the small scale agriculture use, Mr. Cochrane confirmed that
this would be permitted as long as there was no sale or exchange of money with
respect to that land.
The
question on the main motion was then called.
CARRIED
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12. |
2007-251 |
DIRECTOR OF
BUILDING AND PLANNING, September 10, 2007 Re Land Use Application Procedure and Fee Assessment
Bylaw |
The Director
of Building and Planning provided an overview of his report with respect to
looking at a possible amendment to the Land Use Application Procedure and Fee
Assessment Bylaw that would reduce the amount of security that is required in
relation to development projects.
Currently,
noted Mr. Beattie,
Responding to
questions from the Committee, Mr. Beattie said that besides the method of tying
the deposit to the cost of the landscaping, a sliding scale method could also
be used that would decrease the amount of security taken as the value of the
development goes up, much like Oak Bay’s building permit fee schedule.
Mr. Cochrane,
responding to questions, agreed that
There was
further discussion on the options for addressing the security deposit required,
and it was the view of the Committee that a sliding scale method may be the
most desirable.
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That staff be directed to bring forward a report regarding
proposed amendments to the Land Use Application Procedure and Fee Assessment Bylaw
No. 4213 that would introduce a sliding scale method to determine the required
security on development.
In response to questions
regarding whether or not the Bylaw could allow for Council discretion in
setting the security deposit regarding amount for larger projects, Mr. Cochrane
indicated that this would be possible, however, a sliding scale method would
likely result in fair deposits for large scale projects, and individual
decisions by Council in this regard may not be necessary under that scheme.
The question was then
called.
CARRIED
ADJOURNMENT:
MOVED by
Councillor Carson
Seconded by
Councillor Braithwaite, That the meeting of Committee of the Whole be
adjourned.
CARRIED
The meeting adjourned at
9:20 p.m.
Certified Correct:
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Municipal
Clerk |
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Chairman,
Finance Section |
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Chairman,
Recreation Section |
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Chairman,
Public Works Section |
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Chairman,
Land Use Section |
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