The QUEST
The Quest development application to build 14 luxury condos at 2326 Oak Bay Avenue is scheduled to be considered at a Council Committee of the Whole meeting on November 20th, 2017. If Council approves this development as presented, like the Cadboro /Bowker Condo development they will have approved many variances. However there are many issues at stake for the Community. Some of which are:
* At this location, near Oak Bay Ave, & Monterey, there are already four existing intensive multi-dwelling developments. This proposed development and the
Ottavio townhouse development would add two more, totaling six. Continuing to add many new muliti-dwelling units will have consequences – e.g sewer and
storm drain impacts. This area was described in Council by the Manager of Ottavio as the most developed in Oak Bay.
Oak Bay is thereby made a less desirable community. The proposal would result in the destruction of a protected, approximately 200 year old Garry
Oak tree. Many members of the community want to save the tree as it has historical significance. Although the Tree Bylaw prohibits cutting protected trees,
Council can disregard the bylaw if they consider the development more important. See Appendices 1 & 2 for more information.
A letter published in the Oak Bay News and Times Colonist explains the profit benefit to the developer and a perspective on maximum versus reasonable profit (see Appendix # 2.
Up until now Council has used developer-friendly strata-subdivisions (without the necessary Council policy and guidelines) and spot zoning to override our zoning and other related bylaws. Council has also used Official Community Plan selected objectives and policies to justify ignoring resident protections, bylaw rules and standards. The problem is that without them, it is impossible to maintain Oak Bay’s character and desirability.
*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.
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Appendix # 1 Oak Bay Parks, Recreation and Culture : Tree Information Link
https://www.oakbay.ca/parks-recreation/parks-playgrounds/trees/tree-work-application
Tree Designation:
“In order to have a tree declared “Significant” by Council, a request must be made by a member of the public and this designation must be agreed to by the homeowner, Council, and the Parks Department. Once a tree is designated as “Significant”, the designation can only be removed by amendment to the Tree Protection Bylaw Schedule”.
Appendix # 2 Letter published in the Oak Bay News and Times Colonist
“Undue Hardship” for Whom?
A developer is seeking permission to build a five story, 14 unit luxury condo building (“The Quest”) on a 10,588 residential square foot lot at
2326 Oak Bay Avenue in Oak Bay. The proposal would result in the destruction of a significant protected approximately 200 year old Garry Oak
tree at 2340 Oak Bay Avenue.
The Advisory Planning Commission considered the proposal on July 4, 2017. The developer’s consultant and Oak Bay Staff agreed the protected Garry Oak is healthy and has many more years of life left and the proposal would destroy the tree.
Since Garry Oaks are protected in Oak Bay, any alterations to the tree must comply with Bylaw 4326. The relevant clause in this case states that the
tree at issue can only be removed if “a requirement to construct the building or structure in an alternate location would impose an undue hardship.”
The 2326 property was purchased by the developer for $900,000. It is estimated that the total list price for the proposed development will be
approximately $13 million. Alternate proposals have been previously suggested for this site, that would not require destroying the tree. The
developer would still make a tidy profit – albeit not as large as the one he’d earn by destroying the tree.
This begs the question: is requiring a developer to earn a slightly smaller profit in order to comply with our Tree Bylaw an “undue hardship”?
Or is the true “undue hardship” our community’s loss of a majestic iconic symbol of Oak Bay and our commitment to the environmental benefits of
protecting and enhancing an urban forest, pursuant to Oak Bay’s Urban Forest Strategy?
Mike Wilmut - Oak Bay
The Quest development application to build 14 luxury condos at 2326 Oak Bay Avenue is scheduled to be considered at a Council Committee of the Whole meeting on November 20th, 2017. If Council approves this development as presented, like the Cadboro /Bowker Condo development they will have approved many variances. However there are many issues at stake for the Community. Some of which are:
- A precedent will be set for the remaining single-family homes in the “intensive multi-dwelling development area zones” which Council designated in the new Official Community Plan (OCP). Homes in residential areas adjacent to these zones will also be adversely impacted by inadequate transition and parking.
- Infrastructure impacts and associated costs without a policy or a schedule for developer contributions. Who will pay for all the resulting but required upgrading? Council has no Infrastructure Asset Management Plan and limited infrastructure information. However Council is aware of the very advanced age of our infrastructure and its poor condition. The estimated replacement and maintenance costs are excessive and represent a significant financial liability.
* At this location, near Oak Bay Ave, & Monterey, there are already four existing intensive multi-dwelling developments. This proposed development and the
Ottavio townhouse development would add two more, totaling six. Continuing to add many new muliti-dwelling units will have consequences – e.g sewer and
storm drain impacts. This area was described in Council by the Manager of Ottavio as the most developed in Oak Bay.
- The Quest’s massing impact, if approved as presented, will negatively effect neighbouring properties: the Official Community Plan stresses this is to be avoided. Adequate buffer setbacks and height restrictions, the usual community requirement, would satisfy this community plan objective.
- Parking & Tree loss: this is yet another development proposal that requests a reduction in parking and tree removal regulations. Providing adequate
Oak Bay is thereby made a less desirable community. The proposal would result in the destruction of a protected, approximately 200 year old Garry
Oak tree. Many members of the community want to save the tree as it has historical significance. Although the Tree Bylaw prohibits cutting protected trees,
Council can disregard the bylaw if they consider the development more important. See Appendices 1 & 2 for more information.
- Marketing: Will this be another “housing options for the Community” developer /Council Strategy? The Cadboro Bay/Bowker Condo Development was promoted as providing affordable accommodation in order to acquire the significant over-building approval. Immediately the condominiums were aggressively marketed elsewhere with premium price tags.
A letter published in the Oak Bay News and Times Colonist explains the profit benefit to the developer and a perspective on maximum versus reasonable profit (see Appendix # 2.
Up until now Council has used developer-friendly strata-subdivisions (without the necessary Council policy and guidelines) and spot zoning to override our zoning and other related bylaws. Council has also used Official Community Plan selected objectives and policies to justify ignoring resident protections, bylaw rules and standards. The problem is that without them, it is impossible to maintain Oak Bay’s character and desirability.
*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix # 1 Oak Bay Parks, Recreation and Culture : Tree Information Link
https://www.oakbay.ca/parks-recreation/parks-playgrounds/trees/tree-work-application
Tree Designation:
“In order to have a tree declared “Significant” by Council, a request must be made by a member of the public and this designation must be agreed to by the homeowner, Council, and the Parks Department. Once a tree is designated as “Significant”, the designation can only be removed by amendment to the Tree Protection Bylaw Schedule”.
Appendix # 2 Letter published in the Oak Bay News and Times Colonist
“Undue Hardship” for Whom?
A developer is seeking permission to build a five story, 14 unit luxury condo building (“The Quest”) on a 10,588 residential square foot lot at
2326 Oak Bay Avenue in Oak Bay. The proposal would result in the destruction of a significant protected approximately 200 year old Garry Oak
tree at 2340 Oak Bay Avenue.
The Advisory Planning Commission considered the proposal on July 4, 2017. The developer’s consultant and Oak Bay Staff agreed the protected Garry Oak is healthy and has many more years of life left and the proposal would destroy the tree.
Since Garry Oaks are protected in Oak Bay, any alterations to the tree must comply with Bylaw 4326. The relevant clause in this case states that the
tree at issue can only be removed if “a requirement to construct the building or structure in an alternate location would impose an undue hardship.”
The 2326 property was purchased by the developer for $900,000. It is estimated that the total list price for the proposed development will be
approximately $13 million. Alternate proposals have been previously suggested for this site, that would not require destroying the tree. The
developer would still make a tidy profit – albeit not as large as the one he’d earn by destroying the tree.
This begs the question: is requiring a developer to earn a slightly smaller profit in order to comply with our Tree Bylaw an “undue hardship”?
Or is the true “undue hardship” our community’s loss of a majestic iconic symbol of Oak Bay and our commitment to the environmental benefits of
protecting and enhancing an urban forest, pursuant to Oak Bay’s Urban Forest Strategy?
Mike Wilmut - Oak Bay