Minutes — Regular Meeting of Council (April 3, 2017)

1. CALL TO ORDER

The Chair called the meeting to order at 5:33 pm.

2. APPROVAL OF THE AGENDA

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR BLACKWELL

That Council approve the agenda as presented.
CARRIED.

3. PUBLIC HEARINGS

a) File No. 3220-20 — “865 Station Avenue”

The Mayor opened the Public Hearing for File No. 3220-20.

Mayor Young advised members of the audience that any person present who believes that his or her interest is affected by the proposed cell tower shall be given an opportunity to be heard on related matters. Those who wish to speak should give their name, address and views. Mayor Young 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 Cypress Land Service Inc. has applied on behalf of Blaze Wood Stoves Ltd. to construct a telecommunications tower for Freedom Mobile at 865 Station Avenue. The tower will be located at the rear of the lot at 865 Station Avenue, and will consist of a 30.0 m monopole with four cluster-mounted panel antennas and two microwaves. The tower and equipment compound will be enclosed with chain link fencing.

According to Council’s New Transmission Towers Policy No. 0340-50, a Public Hearing is required for any transmission tower proposed within 150 metres of any residential zone or school site. There are residential uses located within approximately 130 metres of the proposed Freedom Mobile tower.

In accordance with the New Transmission Towers policy, the applicant has provided the following:

1. Notification letters and an information package mailed to every owner and occupant within 150 metres of the proposed tower site at 865 Station Avenue; and
2. Notices posted in the Goldstream News Gazette on Friday, March 24th, Wednesday, March 29th and Friday, March 31st.

Following the Public Hearing, staff will compile the comments received in writing, and at the Hearing, and send them to Industry Canada. Council can also provide an opinion on the proposed telecommunications tower by way of a resolution, which will be sent to Industry Canada along with the public comments.

The Mayor called a first time for presentations.
Tawny Verigin, a Freedom Mobile Representative, addressed Council and made a presentation.
A citizen addressed Council with visibility concerns and concerns about the notification timelines.

The Mayor called a second time for presentations.
The Mayor called a third and final time for presentations, there being none, the Mayor officially declared the Public Hearing for File No. 3220-20 closed.

b) BYLAW NO. 1673 — “Langford Zoning Bylaw, Amendment No. 470, (616 Goldstream Ave), 2017"

The Mayor opened the Public Hearing for Bylaw No. 1673.

Mayor Young 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. Mayor Young 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 TL Housing Solutions has applied on behalf of Pacifica Housing Advisory Association to amend the zoning of 616 Goldstream Ave from the RM2 (Attached Housing) Zone to the RM7A (Medium Density Apartment A) Zone.

This is being proposed in order to allow for the development of approximately 160 apartment units.

In support of this application, the applicant has agreed to provide the following: a) a stormwater maintenance covenant registered on title prior to the request for Occupancy Permit as a condition of rezoning;
b) a construction parking management plan to the satisfaction of the Director of Engineering prior to the commencement of any works on-site; and
c) a new queue length assessment from a traffic engineer to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit for Building 2.

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

The Mayor called a first time for presentations.
Sheryl Harper, 617 Goldstream Avenue addressed Council with questions about expectations on increased traffic and how far back will the building be.
A citizen located at 2775 Grainger Rd addressed Council with concerns about the increase of cars and how much money has the developer contributed to increasing roads. The citizen advised Council that it is bad idea to take down 40 units to build 120 units.

The Mayor called a second time for presentations.
The Mayor called a third and final time for presentations, there being none, the Mayor officially declared the Public Hearing for Bylaw No. 1673 closed.

c) BYLAW NO. 1676 — “Langford Zoning Bylaw, Amendment No. 472, (2401 Millstream Rd), 2017"

The Mayor opened the Public Hearing for Bylaw No. 1676.

The City Planner advised that Beth Breasail of GWL Realty Advisors has applied on behalf of KS Village (Millstream) Inc. to amend the text within the Business Park 1A (BP1A – Millstream Road East) Zone. This is being proposed in order to allow for Personal Services businesses within the zone.

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

In the resolution from Council’s regular meeting of February 20th, 2017 no conditions were required to be carried out prior to Public Hearing.

This proposal is consistent with the Official Community Plan Mixed Use Employment Centre & Neighbourhood Centre designation.

Notifications and advertisements have been placed as required by Council policy.

The Mayor called a first time for presentations.
Mayor Young called a second time for presentations.
The Mayor called a third and final time for presentations, there being none, the Mayor officially declared the Public Hearing for Bylaw No. 1676 closed.

d) BYLAW NO. 1677 — “Langford Zoning Bylaw, Amendment No. 473, (817 Arncote Ave), 2017"

The Mayor opened the Public Hearing for Bylaw No. 1677.

The City Planner advised that Ron McNeil has applied on behalf of Baldeep Atwal (Western Concept Development Ltd.) to rezone 817 Arncote Avenue from R2 (One- and Two Family Residential) to RM7A (Medium-Density Apartment 7A) in order to permit the future development of five new multi-family residential units.

This is being proposed in order to allow for the development of five new multi-family residential units.

In support of this application, the applicant has agreed to provide the following:

1. $2,562 towards the General Amenity Reserve Fund;
2. $610 towards the Affordable Housing Reserve Fund;
3. A stormwater management and maintenance plan to the satisfaction of the Director of Engineering, and registered on title for the benefit of future owners;
4. Full frontage improvements as per the Subdivision and Development Servicing Bylaw No. 1000 standards, to the satisfaction of the Director of Engineering, prior to the issuance of a Building Permit; and
5. Visitor parking painted as ‘Visitor Parking’ and designated as common property, not limited common property, on the strata plan.

This proposal is consistent with the Official Community Plan Neighbourhood designation.

Notifications and advertisements have been placed as required by Council policy.

The Mayor called a first time for presentations.
Mayor Young called a second time for presentations.
The Mayor called a third and final time for presentations, there being none, the Mayor officially declared the Public Hearing for Bylaw No. 1677 closed.

e) BYLAW NO. 1678 — “Langford Zoning Bylaw, Amendment No. 474, (2681 Claude Rd), 2017"

The Mayor opened the Public Hearing for Bylaw No. 1678.

The City Planner advised that the application is to Rezone 2681 Claude Road from R2 (One- and Two-Family Residential) to RM7A (Medium-Density Apartment 7A) to allow a future development of seven new multi-family residential units.

This is being proposed in order to allow for the development of seven new multi-family residential units.

In support of this application, the applicant has agreed to provide the following:

1. $2,562 towards the General Amenity Reserve Fund;
2. $610 towards the Affordable Housing Reserve Fund;
3. A stormwater management and maintenance plan to the satisfaction of the Director of Engineering, and registered on title for the benefit of future owners;
4. Full frontage improvements as per the Subdivision and Development Servicing Bylaw No. 1000 standards to the satisfaction of the Director of Engineering, prior to the issuance of a Building Permit; and
5. Opaque balcony screening and any portions that are perpendicular to the rear building face are constructed to a 5 ft height.

This proposal is consistent with the Official Community Plan City Centre designation.

Notifications and advertisements have been placed as required by Council policy.

The Mayor called a first time for presentations.
A citizen located at 2679 Claude Rd addressed Council on the timeline for the project. The applicant responded that there was no timeline.
A citizen located at 2674 Claude Road addressed Council with concerns about density/traffic.

Mayor Young called a second time for presentations.
The Mayor called a third and final time for presentations, there being none, the Mayor officially declared the Public Hearing for Bylaw No. 1678 closed.

4. ADOPTION OF MINUTES

a) Minutes of the Regular Meeting of Council – March 20th, 2017

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR BLACKWELL

That Council approve the minutes of the Regular Meeting of Council held on March 20th, 2017.
CARRIED.

5. OTHER BOARD AND COMMISSION MINUTES

a) West Shore Parks and Recreation – February 9, 2017

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR SIFERT

That Council approve the Minutes of the West Shore Parks and Recreation held on February 9th, 2017.
CARRIED.

6. PUBLIC PARTICIPATION

Ed Sykora of 1191 Goldstream Ave addressed Council regarding agenda item 8. a) 4). Mr. Sykora expressed concern about the negative impact to his property should the Development Variance Permit be approved. In particular, Mr. Sykora expressed concern about a loss of privacy. Additional information from Matthew Baldwin, Director of Planning, was provided.

The Development Variance Permit applicant’s representative spoke on the ways the design of the proposed addition will be changed to ensure that privacy will be enhanced, including: removal of a third story window and the installation of opaque glass in the kitchen and along the deck. These changes to the design of the addition were confirmed by the Development Variance Permit applicant.

7. DEVELOPMENT VARIANCE PERMIT

a) DVP17-0003 – 2267 Nicklaus Drive

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SAHLSTROM

That Development Variance Permit No. DVP17-0003 be issued by the Council for the City of Langford to Cliff Dueck to reduce the required rear yard building setback to permit a newly constructed single family dwelling and rear deck at 2267 Nicklaus Dr subject to the following terms:

1. Variances

The following regulations of Zoning Bylaw No. 300 are varied under Section 498 of the Local Government Act:

a) That Section 6.95.09(b) of Zoning Bylaw No. 300 be varied from 6 m to 5.60 m

CARRIED.

8. COMMITTEE RESOLUTIONS

a) Planning, Zoning and Affordable Housing – March 27, 2017

1. Application to Rezone 3296 Jacklin Road from Rural Residential 5 (RR5) to Medium Density Apartment A (RM7A) and Small Lot Residential 2 (RS2) to allow the development of 10 Townhouse Units and Two One-Family Dwellings

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 3296 Jacklin Road from Rural Residential 5 (RR5) to Medium Density Apartment A (RM7A) and Small Lot Residential (RS2), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per new single family equivalent (SFE) dwelling unit created, prior to subdivision approval or Building Permit issuance, whichever occurs first:

i. $6,000 towards the General Amenity Reserve Fund; and

ii. $1,000 towards the Affordable Housing Reserve Fund;

b) That the Medium Density A (RM7A) Zone be amended to exclude Apartments as a permitted use on the subject site;

c) That the applicant provide, prior to first reading, a site plan showing the proposed new road connection to Ernhill Drive;

d) That the applicant provides, prior to Public Hearing:

i. A stormwater management plan to the satisfaction of the Director of Engineering; and

ii. Revised elevation plans for the proposed one-family dwellings fronting on Walfred Road, to the satisfaction of the Director of Planning;

e) 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 all frontage improvements, to the satisfaction of the Director of Engineering, be constructed prior to subdivision approval or Building Permit issuance, whichever occurs first;

ii. That any on- or off-site improvements required by the stormwater management plan be implemented prior to subdivision or the issuance of a Building Permit, whichever occurs first, to the satisfaction of the Director of Engineering;

iii. That advisory notes be written to provide future owners with the understanding that the South Vancouver Island Rangers gun range is located approximately 1.8 kilometers (1.1 miles) from the subject site and may generate a noise nuisance; and

iv. That a construction parking management plan, to the satisfaction of the Director of Engineering, be provided prior to the commencement of any works on the site; and

v. That the proposed one-family dwellings be designed and constructed in accordance with the plans presented at Public Hearing;

f) That the applicant registers, prior to Bylaw Adoption, a road dedication plan to the satisfaction of the Director of Engineering.

2. Authorize the Director of Planning to issue the requested variances for the proposed townhouses as part of the required Development Permit.

3. Direct staff the proceed with consideration of the following variances for the proposed one-family dwellings through a Development Variance Permit application, to be submitted by the applicant:

a) To increase the maximum permitted height of the principal building from 8.5 m (28 ft) to 9.58 m (31.4 ft) for the proposed one-family dwelling on Site 2A;

b) To increase the maximum permitted height of a principal building from 8.5 m (28 ft) to 9.53 m (31.3 feet) for the proposed one-family dwelling on Site 2B;

c) To reduce the minimum required exterior side yard setback from 5.5 m (18 ft) to 3.05 m (10 ft) for the proposed one-family dwelling on Site 2B;

d) To reduce the minimum required rear yard setback from 6.0 m (20 ft) to 4.7 m (15.5 ft) for the proposed one-family dwelling on Site 2B; and

e) To reduce the minimum required rear yard setback from 6.0 m (20 ft) to 1.22 m (4 ft) for the proposed one-family dwelling on Site 2A.

4. Maintain the requirement for a minimum lot area of 550.0 m2 (5,920.2 ft2) for a secondary suite in a one-family dwelling in the Small Lot Residential (RS2) Zone.

CARRIED.

2. Centre Mountain (Zoning Bylaw Amendment)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give first reading to Bylaw No. 1674 and 1675 as presented.
CARRIED.

3. Omnibus Amendment to Zoning Bylaw No. 300 to Allow Community Care Facilities in the M1 (Light Industrial) Zone

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council direct staff to prepare a bylaw to amend the Zoning Bylaw No. 300 to add “community care facility” to the list of uses in the M1 (Light Industrial) zone with the following conditions:

i. That the care provided be restricted to adult individuals only; and
ii. That those in care are not residing in a building within the M1 zone.

CARRIED.

4. Application for Development Variance Permit to allow for the reduction of the interior side lot line setbacks, front lot line setback, rear setback, and allowable projections at 1189 Goldstream Avenue

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council direct staff to proceed with consideration of the following variances for 1189 Goldstream Avenue:

a) That Section 6.20.06(2)(a) of Zoning Bylaw No. 300 be varied from 6 m to nil for the front lot line;

b) That Section 6.20.06(2)(a) of Zoning Bylaw No. 300 be varied from 6 m to 4.4 m for the rear lot line;

c) That Section 6.20.06(2)(b) of Zoning Bylaw No. 300 be varied from 1.5 m to 0.3 m for the eastern interior side lot line;

d) That Section 6.20.06(2)(b) of Zoning Bylaw No. 300 be varied from 1.5 m to 0.5 m for the western interior side lot line;

e) That Section 3.18.01 of the Zoning Bylaw No. 300 be varied to increase the allowable projection of a deck from 1 m to 2.9 m for the third floor deck only;

Subject to the following terms and conditions:

i) That the site is developed in accordance with the plan attached to this report as Appendix A;
ii) That the variances are only granted for the proposed plan attached to this report as Appendix A. All other future construction will be required to comply with the Zoning Bylaw No. 300 or apply for another variance permit;
iii) That the applicant minimized the number and size of windows on the westerly façade of the house;
iv) That the applicant use opaque glass for the deck screen;

CARRIED.

5. Application to amend the CD10 (Boulder Ridge – Comprehensive Development) zone for 903 Tayberry Terrace to nullify the requirement to provide 4 rental houses in a 25 year housing agreement

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council direct staff to prepare a bylaw to amend the CD10 (Boulder Ridge – Comprehensive Development) zone for 903 Tayberry Terrace to no longer require the applicant to provide 4 one-family dwellings as rental houses.
CARRIED.

b) Protective Services – March 28, 2017

1. Police Services 2017-2021 Five-Year Financial Plan

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SEATON

That Council approve in principle the Police Services Five Year Financial Plan for 2017-2021 as presented in the staff report dated March 28, 2017 and refer it to the Treasurer for inclusion in the budget.
CARRIED.

9. REPORTS

a) Closure and Disposition of a Portion of Hartsdale Drive — Staff Report (Land Development)

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR BLACKWELL

That Council give Hartsdale Drive Closure Bylaw No. 1672 First, Second and Third readings.
CARRIED.

b) Leigh Road Railway Crossing Construction Timeline — Staff Report (Engineering)

MOVED BY:
COUNCILLOR SIFERT
SECONDED:
COUNCILLOR WADE

That Council:
a) Proceed to remediate the peat deposits located north of the Westhills turf field and south of the Langford Parkway from the east end of the field to the west end of the field in the Spring and Summer of 2017 and pay for this work from the Parks Development Cost Charge fund;

AND

b) Continue to use WSP Canada Inc as the geotechnical engineers designing and monitoring the peat remediation project.
CARRIED.

10. BYLAWS

a) BYLAW NO. 1667 — “Langford Zoning Bylaw, Amendment No. 468, (2780 Veterans Memorial Pkwy), 2016". (ADOPTION)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SIFERT

That Council adopt Bylaw No. 1667.
CARRIED.

b) BYLAW NO. 1671 — “Road Closure Bylaw No. 1671 (McCallum Road), 2017”. (ADOPTION)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council adopt Bylaw No. 1671.
CARRIED.

c) BYLAW NO. 1672 — “Road Closure Bylaw No. 1672 (Hartsdale Drive), 2017”. (FIRST, SECOND AND THIRD READING)

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1672 First, Second and Third Reading.
CARRIED.

d) BYLAW NO. 1673 — “Langford Zoning Bylaw, Amendment No. 470, (616 Goldstream Ave), 2017". (SECOND AND THIRD READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1673 First, Second and Third Reading.
CARRIED.

e) BYLAW NO. 1674 — “Langford Official Community Plan Bylaw, Amendment No. 22, (Centre Mountain Properties), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1674 First Reading.
CARRIED.

f) BYLAW NO. 1675 — “Langford Zoning Bylaw, Amendment No. 471, (Centre Mountain Properties), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1675 First Reading.
CARRIED.

g) BYLAW NO. 1676 — “Langford Zoning Bylaw, Amendment No. 472, (2401 Millstream Rd), 2017". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1676 First, Second and Third Reading.
CARRIED.

h) BYLAW NO. 1677 — “Langford Zoning Bylaw, Amendment No. 473, (817 Arncote Ave), 2017". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1677 First, Second and Third Reading.
CARRIED.

i) BYLAW NO. 1678 — “Langford Zoning Bylaw, Amendment No. 474, (2681 Claude Rd), 2017". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1678 First, Second and Third Reading.
CARRIED.

j) BYLAW NO. 1680 — “Langford Zoning Bylaw, Amendment No. 476, (767, 769 & 771 Hockley Ave), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR BLACKWELL

That Council give Bylaw No. 1680 First Reading.
CARRIED.

k) BYLAW NO. 1682 — “Langford Zoning Bylaw, Amendment No. 478, (2845, 2847 & 2850 Bryn Maur Rd and a portion of 737 Goldstream Ave), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR BLACKWELL

That Council give Bylaw No. 1672 First Reading.
CARRIED.

FURTHER TO ITEM 3. a)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SIFERT

a) That the following criteria apply to the potential installation of all new cell towers within the City of Langford:

i. That the public notification period for a new cell tower be 30 days to match the Industry Canada requirement;
ii. That potential cell tower companies must work with staff and landowners to identify suitable locations;
iii. That potential cell tower companies must liaise with BC Hydro to determine if there are any hydro poles that would be a suitable location;
iv. That cellular equipment on hydro poles and cellular equipment on buildings be prioritized over a standalone cell tower; and
v. That staff have the authority to provide comment to Industry Canada, as needed.

b) That Council endorses the proposed cell tower at 865 Station Avenue.
CARRIED.

11. IN CAMERA RESOLUTION

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

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 and road improvements under Section 90 (1) (e) and (k) of the Community Charter.

b) That Council continues the meeting in closed session.
CARRIED.

12. ADJOURNMENT

The Chair adjourned the meeting at 6:32 pm.

PRESIDING COUNCIL MEMBER:

CERTIFIED CORRECT
Corporate Officer