CITY OF LANGFORD - Minutes of the Regular Meeting of Council (Monday, November 7th, 2016)

MINUTES OF THE REGULAR MEETING OF COUNCIL

Monday, November 7th, 2016 @ 5:30 p.m. Council Chambers, 3rd Floor, 877 Goldstream Avenue

PRESENT

Acting Mayor, L. Seaton; Councillors: D. Blackwell, W. Sifert, L. Szpak and R. Wade.

ATTENDING

CAO J. Bowden, Administrative Assistant, J. Coneybeer, Director of Finance, S. Ternent, Director of Engineering, M. Mahovlich and Director of Planning, M. Baldwin.

ABSENT

Mayor S. Young; Councillor M. Sahlstrom.

1. CALL TO ORDER
   The Chair called the meeting to order at 5:30 pm.

2. APPROVAL OF THE AGENDA MOVED BY:
   COUNCILLOR WADE
   SECONDED:
   COUNCILLOR BLACKWELL

That Council Approve the Agenda as Presented.

3. PUBLIC HEARING

a) Bylaw No. 1660
"Langford Zoning Bylaw, Amendment No. 464, (2822 & 2824 Knotty Pine Rd), 2016"

Acting Mayor L. Seaton opened the Public Hearing for Bylaw No. 1660 at 5:30 p.m.

Acting Mayor Seaton advised members of the audience that any person present who believes that his or her interest is affected by the proposed bylaw shall be given an opportunity to be heard on the matters contained in the proposed bylaw. Those who wish to speak concerning this proposed bylaw should give their name, address and views concerning the proposed bylaw. Acting Mayor Seaton advised that after everyone has expressed their views, he shall state three times "Is there anyone else who wishes to be heard", and if no further views are forthcoming, the Public Hearing shall be declared closed.

The City Planner advised that Rohan Rupf has applied on behalf of Evelyn Arlene Gilson and Wade Gareth Gilson to amend the zoning of 2822 & 2824 Knotty Pine Rd from the R2 (One- and Two-Family Residential) Zone to the RM7A (Medium Density Apartment A) Zone. This is being proposed in order to allow for the development of a six-unit townhouse development.

As part of this application, a public hearing is required in accordance with the regulations of the Local Government Act.

In support of these/this application, the applicant has agreed to provide the following: a) That the owner agrees to provide, as a bonus for increased density, the following contributions per unit, prior to the issuance of a Building Permit: i. $2,562 towards the General Amenity Reserve Fund;
ii. $610 towards the Affordable Housing Reserve Fund; b) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title that agrees to the following: i. That a construction parking plan will be provided prior to the issuance of a Building Permit;
ii. That a stormwater management and maintenance plan should be created and registered on title for the benefit of future owners;
iii. That any necessary underground or above ground servicing upgrades, extensions, or other requirements should be fulfilled at the applicant's expense;
iv. That the applicant will construct full frontage improvements as per Bylaw No. 1000 to the satisfaction of the Director of Engineering at the time of subdivision; c) That the applicant provides a landscape plan, to the satisfaction of the Director of Planning, prior to Public Hearing; and

2. Authorize the Director of Planning to issue the following variances within the Development Permit for 2822 and 2824 Knotty Pine Road: a) That Section 6.36A.06(1) be varied to reduce the minimum setback to a front lot line to 5.57 m; and
   b) That Section 6.36A.06(2) be varied to reduce the minimum setback to an interior side lot line to 2 m; and
   c) That Section 4.01.01 Table 1 be varied to reduce the number of visitor parking spaces from 2 to 0.
   d) Subject to the applicant covenanting and agreeing that parking spaces within garages will be used for parking, and not for storage.

This proposal is consistent with the City Centre designation within the City of Langford's Official Community Plan. Notifications and advertisements have been placed as required by Council policy.

The Acting Mayor called a first time for presentations.

The Applicant, Mr. Rohan Rupf of Keycorp Consulting, addressed Council and advised he was available to answer any questions.

Mr. Don McLellan of 218-325 Wale Roade (on behalf of United Church) addressed Council for clarification of the street amendment and landscaping.

Acting Mayor Seaton called a second time for presentations.

Mr. Jack Jazlowiecki of 2833 Knotty Pine Road — addressed Council with concerns regarding parking and and who pays for sewer hook-up.

The Acting Mayor called a third and final time for presentation:

Mrs. Anna Jazlowiecki of 2833 Knotty Pine — addressed Council opposed to Bylaw 1660 and stated her concerns regarding high density and sewer hook-up.

Mr. Glen Willing of 739 Willing Drive — addressed Council to express concerns over requirements to connect to sewer as part of this development.

The Acting Mayor officially declared the Public Hearing for Bylaw No. 1660 closed at 5:50 pm.

4. ADOPTION OF MINUTES

a) Minutes of the Regular Meeting of Council — October 17th, 2016
MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SIFERT

That Council approve the Minutes of the Regular Meeting of Council held on October 17th, 2016.
CARRIED.

b) Minutes of the Special Meeting of Council — November 1st, 2016
MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SIFERT

That Council approve the Minutes of the Special Meeting of Council held on November 1st, 2016.
CARRIED.

5. OTHER BOARD AND COMMISSION MINUTES

a) West Shore Parks and Recreation — September 14th, 2016
MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SIFERT

That Council approve the Minutes of the West Shore Parks and Recreation meeting held on September 14th, 2016.
CARRIED.

6. PUBLIC PARTICIPATION

A Representative from the Victoria Cycling Coalition - addressed Council in support of Agenda item 9 (c) CRD Regional Transportation Service.

7. COMMITTEE RESOLUTIONS

a) Planning, Zoning and Affordable Housing Committee — October 24th, 2016

1. Application to Rezone 694 Hoylake Ave from R2 (One- and Two-Family Residential) to RM7 (Medium Density Apartment A) to permit the development of approximately 10 Townhouses units (File No. Z16-0015)
   MOVED BY: COUNCILLOR BLACKWELL
   SECONDED: COUNCILLOR WADE

That Council:

1. Direct staff to .prepare a bylaw to amend the zoning designation of the property located at "694 Hoylake Avenue" from "'R2-"(Residential One- and Two-Family Dwelling) zone to "RM7A", (Medium-Density Apartment A) zone subject to the following terms and conditions:
   a) That the owner agrees to provide, as a bonus for increased density, the following contributions to the City, prior to issuance of a building permit:
   i. $3660 per unit towards the General Amenity Reserve Fund;
   ii. $610 per unit towards the Affordable Housing Reserve Fund;
   b) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:
   i. That prior to building permit issuance the applicant provide a boulevard tree planting plan to the satisfaction of the City Planner and the Parks Director and that irrigation to the boulevard will be provided via hook up to the strata property at 694 Hoylake Avenue;
   ii. That prior to building permit issuance, the applicant provides full frontage improvements per Bylaw No. 1000 requirements, to the satisfaction of the City Engineer
   c) Authorize the Director of .Planning to issue the setback -variances described in Table 3 subject to the implementation of the boulevard planting plan secured by Covenant in item 1(b)(i) above.
   CARRIED.

2. Application for a Text Amendment to Bylaw 300 (Zoning Bylaw) to allow for a 7 storey Residential building and a separate Commercial building at 2326 and 2350 Millstream Road (File No. Z16-0021)
   MOVED BY: COUNCILLOR BLACKWELL
   SECONDED: COUNCILLOR WADE

That Council:

1. Direct staff to prepare a bylaw to amend the text of the C613 (Neighbourhood Mixed Use Zone) zoning for the property at 2326 and 2350 Millstream Road as follows:
   a. Add the text "apartments on land shown as Area 1 in Schedule AL" to Section 6.4313.01
   b. Delete the text in Section 6.43.04(1) and replace it with the following text " No building or structure for a commercial use only may exceed a height of 3 storeys; and
   c. Delete the text in Section 6.43B.04 (2) and replace it with the following text "No building or structure for a building containing apartments or a mix of apartment and commercial uses may exceed a height of 7 storeys."
   d. Amend Schedule AD of Zoning Bylaw 300 to reflect current fund contributions for residential units which is currently $3,660 per unit toward the General Amenity Reserve fund and $610 per unit towards the Affordable Housing Reserve Fund.
   e. Delete the text in Section 6.4313.05 (1) and replace it with the following text "The Floor Area Ratio of all buildings within the Neighbourhood Mixed Use (C613) Zone shall not exceed 0.8.".

2. That the applicant provide the following items prior to Public Hearing:
   a. The number of two bedroom units proposed for each building;
   b. A new Traffic Study to supplement the 2011 study; and
   c. A Parking Study.

3. That the applicant provides the following prior to Bylaw Adoption:
   a. Road dedication with respect to the following portions of the subject property:
   i. A corner cut road dedication at Treanor Avenue and Millstream Road to the satisfaction of the City Engineer and Bylaw No. 1000 Standards;
   ii. Road dedication along the Millstream Road frontage to the satisfaction of the City Engineer and Bylaw No. 1000 Standards;
   iii. Road dedication long the Treanor Avenue frontage if necessary to contain required frontage improvements;
   iv. Any additional road dedication necessary for the new BC Hydro transformer banks; and
   b. A Storm Water Management Plan to the satisfaction of the City Engineer;
   c. A Section 219 covenant, registered on title in priority of all other charges, that includes the following:
   i. The applicant will implement recommendations within the new traffic study prior to the issuance of a Building Permit, or Subdivision, whichever is first;
   ii. That the applicant will incur all costs relating to infrastructure upgrades, including off-site works, required to manage the subject property's drainage concern, as a condition of rezoning of the lands;
   iii. That as a condition of Building Permit, frontage improvements be provided to Subdivision and Servicing Bylaw No. 1000 standards, to the satisfaction of the City Engineer;
   iv. That as a condition of Building Permit, a storm water management plan, as well as any upgrades to the DSA1 Infrastructure, be implemented to the satisfaction of City Engineer;
   v. That as a condition of subdivision, a statutory of right away be registered in order to facilitate recommendations found in the storm water management plan;
   vi. That prior to the issuance of a Development Permit the applicant must submit and receive approval of the FUS calculations for the site; and
   vii. That prior to issuance of a Building Permit the applicant agrees to secure tenure -of these apartment units to rental only for a period of no less than 10 years.

4. Authorize the Director of Planning to issue a variance in the Development Permit to reduce the required off street parking for an apartment outside of the City Centre to 1 space per unit.

5. Authorize staff to work with the owner to discharge the Section 219 covenant that requires amenity contributions for the commercial component of the proposed development.
   CARRIED.

6. Application for Development Variance Permit to vary the parking and setback requirements for a 6 unit stacked townhouse development located at 2691 Peatt Rd (File No. DVP16-0015)
   MOVED BY: COUNCILLOR BLACKWELL
   SECONDED: COUNCILLOR WADE

That Council:

1. Direct staff to proceed with consideration of the following variances for 2691 Peatt Road:
   a) That Section 4.01.01 of the City of Langford Zoning Bylaw 300 be varied to reduce the number of required parking stalls from 2 stalls per dwelling unit to 1 stall per dwelling unit for Attached Housing and Townhouses;
   b) That Section 6.36A.06(2) be varied to reduce the interior side lot line setback from the required 3 m to 1.5 m; and
   c) That Section 6.36A.06(1) be varied to reduce the front lot line setback from the required 7.5m to 0m.
   Subject to:
   d) the applicant providing $5,000 towards the General Amenity Reserve Fund, prior to the issuance of a Development Permit;
   e) That the applicant provide a planting plan, prior to issuance of a building permit, to the satisfaction of the Director of Planning and the Parks Manager, to plant boulevard trees along the frontage of Peatt Road, and that irrigations are provided to the boulevard trees from 2691 Peatt Road.

4. Affordable Housing Program Criteria for Applicants (File No. POL-0012-PLAN)
   MOVED BY: COUNCILLOR BLACKWELL
   SECONDED: COUNCILLOR SIFERT

That Council amend Policy No. POL-0012-PLAN Affordable Housing Program Criteria for Applicants as proposed in Appendix B of the report dated October 24th, 2016.
CARRIED.

b) Protective Services Committee — October 25th, 2016

1. West Shore RCMP Quarterly Mayors Reports
   i) First Quarter - January 1' to March 31St, 2016
   ii) Second Quarter - April 1 to June 30th, 2016
   iii) Third Quarter - July 1St to September 30th, 2016
   MOVED BY: COUNCILLOR SZPAK
   SECONDED: COUNCILLOR SIFERT

That Council receive the West Shore RCMP Mayor's Quarterly Reports for First Quarter: January 1, 2016 — March 31, 2016, Second Quarter: April 1, 2016 — June 30, 2016, and Third Quarter: July 1, 2016 — September 30, 2016.
CARRIED.

2. Disposal of 1989 Ford Fire Truck
   MOVED BY: COUNCILLOR SZPAK
   SECONDED: COUNCILLOR BLACKWELL

That Council donate Engine 12 to the Cabo Mexico Fire Department.
CARRIED.

3. 2015 CREST Annual Report
   MOVED BY: COUNCILLOR SZPAK
   SECONDED: COUNCILLOR BLACKWELL

That Council receive the Capital Region Emergency Service Telecommunications (CREST) 2015 Annual Report.
CARRIED.

4. Comparing the Options — Renewing the Auxiliary Constable Program
   MOVED BY: COUNCILLOR SZPAK
   SECONDED: COUNCILLOR BLACKWELL

That Council direct the CAO to prepare a cover letter to UBCM with a copy to the Ministry of Justice in support of Option 3 (Tiered Program) from the Discussion Paper "Comparing the Options — Renewing The Auxiliary Constable Program" by Lorne Fletcher and Don Devenney dated October 17, 2016 and include a copy of the discussion paper.
CARRIED.

8. REPORTS

a) British Columbia Structure Firefighter Competency and Training Playbook and the Legislated Requirement for Council to Declare Its Firefighting Service Level - Staff Report (Fire Department)
MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR BLACKWELL

That Council declare that Langford Fire Rescue is a Full Service Operations Fire Department and instruct staff to update Langford Fire Protection District Bylaw 87 to reflect Councils direction.
CARRIED.

b) Clean Water and Wastewater Fund Grant Applications - Staff Report (Engineering Department)
MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR BLACKWELL

That Council:

1. The City of Langford in open Council supports the application to the Clean Water and Wastewater Fund grant program for the South Langford Sewer Improvement Project. Funding for the City's 17% share of costs would be provided through the existing sewer servicing agreement with Westshore Environmental Services; AND
2. The City of Langford in open Council supports the application to the Clean Water and Wastewater Fund grant program for the South Langford Community Water Reservoir Project. Funding for the City's 17% share of costs would be provided through development.
   CARRIED.

c) Award of Engineering Design Millstream Overpass Dual Left Turn-lane - Staff Report (Engineering Department)
MOVED BY:
COUNCILLOR SIFERT
SECONDED:
COUNCILLOR WADE

That Council:

1. Direct staff to award the detailed engineering design and preparation of tender documents for the Millstream Overpass Dual Left Turnlane Project to the team of Tetra Tech, PBX and WATT consulting for an amount of $142,500 and fund it from the Road Development Cost Charge program; AND
2. Pursue road infrastructure grant opportunities and other funding opportunities to pay for the Millstream Overpass Dual Left Turnlane Project.
   CARRIED.

d) Approving Officer Appointment — Proposed Addition to Deputy Approving Officer Assignment - Staff Report (Land Development)
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SZPAK

That Council:

1. Retain Jim Bowden, Robert Dykstra and James Oliver as Deputy Approving Officer; AND

2. Appoint Daryl Minifie as a Deputy Approving Officer.

3. CORRESPONDENCE

a) Town of View Royal
Re: Submission of Tri-Partite Resolution to the FCM Annual Conference
MOVED BY:
COUNCILOR BLACKWELL
SECONDED:
COUNCILLOR SZPAK

That the joint resolution titled "Reversal of Recent Amendment to RCMP Auxiliary Constable Program" from the City of Colwood, City of Langford and the Town of View Royal regarding proposed amendments to the RCMP Auxiliary Constable Program be submitted to the FCM for consideration at its 2017 Annual Conference.
CARRIED.

b) Greater Victoria Greenbelt Society
Re: Request for Support of Creation of Mary Lake 73 Acre Park in Highlands
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SZPAK

That Council receive the letter dated October 24th, 2016 from Bob McMinn, Chair and Koi Neah, Director of the Greater Victoria Greenbelt Society with respect to creation of a 73 acre park at Mary Lake in the District of Highlands.
CARRIED.

c) Capital Regional District (CRD)
Re: Request for Motion of Support to Establish a Regional Transportation Service
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council not proceed to support the establishment of a regional transportation service through the Capital Regional District (CRD).

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR BLACKWELL

That consideration of this motion be referred to a future meeting of Council within the next two months to permit the opportunity for the CRD to make a presentation to Council on this matter.
CARRIED.

d) Greater Victoria Public Library
Re: 2017 Budget and Five Year Financial Plan - Provisional
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILOR SZPAK

That Council receive the Greater Victoria Public Library — Provisional 2017 Budget and Five year Financial Plan as outlined in their letter dated October 31st, 2016 from Kevin Murdoch, Board Chair.
CARRIED.

e) Greater Victoria Public Library
Re: Library Operating Agreement Renewal — Addendum Letter
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SZPAK

That Council approve and sign the Addendum to the current Library Operating Agreement (LOA) which will allow its terms and conditions to continue to be in force and binding upon the parties until such time as a new agreement is executed.
CARRIED.

At 6:15 pm Councillor Wade left the meeting due to a conflict of interest.

f) Westshore Rebels Junior Football Club
Re: Support for Hosting of Canadian National Junior Football Championship
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SZPAK

That Council direct staff to work with the Westshore Rebels Junior Football Club and the Operator of City Centre Park to ensure that the needs of the event are met.
CARRIED.

At 6:16 pm Councillor Wade returned to the meeting.

10. BYLAWS

a) BYLAW NO.1591
"Hordon Road Closure Bylaw No. 1591". (ADOPTION)
MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR BLACKWELL

That Council adopt Bylaw No. 1591.

b) BYLAW NO. 1625
"City of Langford Development Procedures, Amendment Bylaw No. 16, 2016". (ADOPTION)
MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILOR BLACKWELL

That Council adopt Bylaw No. 1625.
CARRIED.

c) BYLAW NO. 1658
"Langford Zoning Bylaw, Amendment No. 463, (1128 Finlayson Arm Rd), 2016". (ADOPTION)
MOVED BY:
COUNCILOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council adopt Bylaw No. 1658.
CARRIED.

d) BYLAW NO. 1660
"Langford Zoning Bylaw, Amendment No. 464, (2822 & 2824 Knotty Pine Rd), 2016". (SECOND AND THIRD READINGS)
MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1660 Second and Third Reading.
CARRIED.

11. IN CAMERA RESOLUTION
    MOVED BY: COUNCILLOR SZPAK
    SECONDED: COUNCILLOR BLACKWELL

a) That it is the opinion of Council that the public interest requires that persons other than members of Council and Officers be excluded from the meeting to consider confidential information regarding Property Matters under 90 (1) e) of the Community Charter.
b) That Council continues the meeting in closed session.
CARRIED.

12. ADJOURNMENT
    The Chair adjourned the meeting at 6:20 pm.

CERTIFIED CORRECT

(End of minutes)