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DocumentsMinutesDec 4, 2017Pages 25–37

MINUTES OF THE REGULAR MEETING OF COUNCIL – November 20th, 2017

Full minutes of the Langford Regular Council meeting held November 20, 2017 covering multiple public hearings, bylaw readings, committee resolutions and in-camera motion.

Key facts

  • Meeting date: November 20, 2017; Chair: Acting Mayor M. Sahlstrom
  • Public Hearings held for Bylaws 1727, 1745, 1747 with subsequent readings recorded
  • Resolutions: e.g. Bylaw No. 1727 (Second & Third Reading) approved; Bylaw No. 1745 (Second & Third Reading) approved; Bylaw No. 1750 given First Reading with conditions
  • Development conditions and contributions cited: e.g. $6,000 per Single Family Equivalent (SFE) toward General Amenity Reserve Fund, $1,000 per SFE to Affordable Housing Fund in referenced applications
  • In-Camera motion: authority under Section 90(1)(k) of the Community Charter to consider potential provision of a municipal service

MINUTES OF THE REGULAR MEETING OF COUNCIL – November 20th, 2017

Council Chambers, 3rd Floor, 877 Goldstream Avenue
Monday, November 20th, 2017 @ 5:30 p.m.

PRESENT

Acting Mayor M. Sahlstrom, Councillors: D. Blackwell, L. Seaton, W. Sifert and R. Wade.

ATTENDING

Chief Administrative Officer, D. Kiedyk, Deputy Director of Finance, A. Kryklywyj, Director of Engineering, M. Mahovlich, Director of Planning, M. Baldwin, Director of Corporate Services, B. Hutchins.

ABSENT

Mayor Young, Councillor L. Szpak


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1. CALL TO ORDER

The Chair called the meeting to order at 5:30 p.m.


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2. APPROVAL OF THE AGENDA

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SIFERT

That Council approve the agenda as presented.
CARRIED.


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3. PUBLIC HEARINGS

a) BYLAW NO. 1727

“Langford Zoning Bylaw, Amendment No. 501, (1300 Glenshire Dr), 2017".

Acting Mayor Sahlstrom opened the Public Hearing for Bylaw No. 1727 at 5:31 p.m.

The City Planner advised that Mark Johnston of M.H. Johnston and Associates Inc. has applied on behalf of 1103097 BC Ltd. to amend the zoning of 1300 Glenshire Drive (now 1300 Valemount Court) from the RR4 (Rural Residential 4) Zone to the RM2A (Attached Housing) Zone.

This is being proposed in order to allow for the development of approximately 100 townhouse units on a private roadway. 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:

  1. $6,000 per Single Family Equivalent dwelling unit to the General Amenity Reserve Fund;
  2. $1,000 per Single Family Equivalent dwelling unit to the Affordable Housing Reserve Fund;
  3. A detailed site plan illustrating the proposed development, retention of at least 30% of the site as open space, and an emergency access route;
  4. A stormwater management plan; and
  5. A Section 219 Covenant securing the open space retention, construction of frontage improvements, construction of a left hand turn lane onto West Shore Parkway, stormwater management improvements, an adequate water supply, advisory notes for future owners regarding potential nuisances, and a statutory right-of-way for the emergency access; and
  6. A road dedication plan to the satisfaction of the Director of Engineering.

The applicant has submitted the detailed site plan and stormwater management plan, as required, prior to this Public Hearing. This proposal is consistent with the Official Community Plan Hillside or Shoreline designation, and notifications and advertisements have been placed as required by Council policy.

It should be noted that the map for Bylaw No. 1727 inadvertently included a portion of the site located south of Glenshire Drive. This portion will not be included in the proposed townhouse development, and staff will bring forward a Bylaw to amend the designation of this property as part of a future Omnibus amendment.

Acting Mayor Sahlstrom called a first time for presentations.
None presented.

Acting Mayor Sahlstrom called a second time for presentations.
None presented.

Acting Mayor Sahlstrom called a third and final time for presentation, there being none, Acting Mayor Sahlstrom officially declared the Public Hearing for Bylaw No. 1727 closed at 5:34 p.m.


b) BYLAW NO. 1745

“Langford Zoning Bylaw, Amendment No. 511, (681 Rockingham Rd), 2017".

Acting Mayor Sahlstrom opened the Public Hearing for Bylaw No. 1745 at 5:34 p.m.

The City Planner advised that Dawn Woods has applied to amend the zoning of 681 Rockingham Road from R2 (One- and Two-Family Residential) to RS1 (Residential Small Lot 1) Zone.

This is being proposed in order to allow for the development of a three lot subdivision and to amend the RS1 zone to allow homes larger than 200m2 in gross floor area.

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:

  1. That the owner agrees to provide, as a bonus for increased density, the following contributions per new lot created above and beyond 2 lots, prior to subdivision approval:
    i. $2,772 towards the General Amenity Reserve Fund;
    ii. $660 towards the Affordable Housing Reserve Fund;
  2. 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 subdivision approval, the applicant provides full frontage improvements to the standards of the Subdivision and Development Servicing Bylaw No. 1000 standards, and to the Director of Engineering. This will include but is not limited to removing the rock in the centre of the existing cul de sac, creating a parking bowtie, and installing a street light;
    ii. That a Stormwater Management Plan shall be provided and all required measures recommended shall be implemented by the owner as a condition of Subdivision approval, to the satisfaction of the Director of Engineering;
    iii. That a Construction Parking Management Plan be provided to the satisfaction of the Director of Engineering prior to any alteration of the land.

AND

  1. Direct staff to proceed with amending the text of the RS1 zone to allow the size of the principle use buildings to exceed a gross floor area of 200m2 for the properties subdivided from 681 Rockingham Road.

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

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

Acting Mayor Sahlstrom called a first time for presentations.

  • Resident at 688 Rockingham Road is concerned about parking from change.

Acting Mayor Sahlstrom called a second time for presentations.

  • Resident at 663 Rockingham Road raised a question about aesthetics.

Matthew Baldwin explained that while we have a preliminary layout, the details have not yet been determined.

Acting Mayor Sahlstrom called a third and final time for presentation, there being none, Acting Mayor Sahlstrom officially declared the Public Hearing for Bylaw No. 1745 closed at 5:40 p.m.


c) BYLAW NO. 1747

“Langford Zoning Bylaw, Amendment No. 513, (1067 & 1077 Goldstream Avenue), 2017".

Acting Mayor Sahlstrom opened the Public Hearing for Bylaw No. 1747 at 5:40 p.m.

The City Planner advised that Colin Harper of Wensley Architecture has applied on behalf of Goldstream Holdings to amend the zoning of 1067 and 1077 Goldstream Avneue from the RM3 (Apartment) and CT1 (Tourist Commercial – Motel) Zone to MU1A (Mixed Use Residential Commercial A).

This is being proposed in order to allow for the development of 165 multi-family residential units.

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

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

For each multi-family unit:

  1. $2,562 towards the General Amenity Fund;
  2. $610 towards the Affordable Housing Fund.

Additionally, the applicant has agreed to provide the following:
3. Frontage improvement to Bylaw 1000 standards;
4. Road dedication at the intersection of Leigh Road and Goldstream Avenue;
5. A storm water management plan;
6. A construction parking management plan.

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

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

Acting Mayor Sahlstrom called a first time for presentations.
None presented.

Acting Mayor Sahlstrom called a second time for presentations.
Public comments and concerns recorded included (summarized as presented):

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  • Resident on Rodney Road: concerned about lack of visitor parking and overflow into adjacent roads; feels the parking plan is inadequate. Also concerned about traffic increases; later raised concerns about process and access to information (wished they had received a hard copy); asked if there will be underground parking; concerned about balcony orientation (facing Rodney and Costin).
  • Second resident on Rodney Road: concerned about traffic and noise.
  • Resident on Goldstream Ave: concerned about parking during construction.
  • Another resident on Goldstream Ave: concerned about the height of the building, lack of sun, parking, traffic, and loss of property value.
  • Resident on Costin Ave: concerned about traffic and speed, especially on Costin.
  • Another resident on Costin Ave: concerned about traffic and speed, risks and safety concerns, overflow parking on Costin Ave, smoking and parties next to their property; concerned about retention of old growth trees and heron nesting, parking studies and ratios, height of the building and privacy concerns.
  • Another resident on Costin Ave: concerned about parking regardless of studies, disapproves of bylaw, agrees with other neighbours' concerns including speed. Requested a speed sign of 30km, and a limitation of heavy truck traffic.
  • Another resident on Costin Ave: concerned about decrease in property value.

Responding parties:

  • Matthew Baldwin provided clarification on parking studies and bylaw requirements.
  • The architect from Wensley Architecture spoke: stated a 5 story (not 6), 90% are one bedroom or studios, 43” setback on east (not 6”), smoking area is removed, no commercial, retain Jerry and ask to help with privacy, entrance off Goldstream.

Acting Mayor Sahlstrom called a third and final time for presentation, there being none, Acting Mayor Sahlstrom officially declared the Public Hearing for Bylaw No. 1747 closed at 6:40 p.m.


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4. ADOPTION OF MINUTES

a) Minutes of the Meeting of Council – November 6th, 2017

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR SIFERT

That Council approve the minutes of the Regular Meeting of Council held on November 6th, 2017.

CARRIED.


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5. PUBLIC PARTICIPATION

None.


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6. COMMITTEE RESOLUTIONS

a) Planning, Zoning and Affordable Housing Committee – November 14th, 2017

1. Application for Development Variance Permit to reduce the minimum rear yard setback and defer the requirement for the installation of on-site plumbing to allow for the construction of an addition to the existing one-family dwelling at 2579 Rainville Road.

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SIFERT

That Council:

  1. Direct staff to proceed with consideration of the following variances for the proposed construction of an addition to the existing one-family dwelling, as generally shown on Appendix C of this report, at 2579 Rainville Road :

i. That Section 6.21.06(1)(a) of Zoning Bylaw No. 300 be varied to reduce the minimum setback from the rear lot line from 6.0 m (20 ft) to 2.7 m (9 ft); and
ii. That Section 6.1.2(c) of Subdivision and Development Servicing Bylaw No. 1000 be varied to defer the installation of on-site plumbing from prior to the issuance of an Occupancy Permit for the proposed addition to within six months of a sewer main being installed in a highway or City statutory right-of-way abutting the property at 2579 Rainville Road;

Subject to the following terms and conditions:

i. That the site is developed in substantial accordance with the plans attached to this report as Appendix C;
ii. That the owner registers a Section 219 Covenant, in priority of all other charges, prior to the issuance of this Development Variance Permit that agrees that all required on-site plumbing will be installed and connected to the municipal sanitary sewer system within six months of a sewer main being installed in a highway or City statutory right-of-way abutting the parcel;
iii. That the owner pays the required Sewer Capital Recovery Fee (SCRF) to West Shore Environmental Services or the City of Langford prior to the issuance of a Building Permit authorizing the construction of the proposed addition at 2579 Rainville Road; and
iv. That the owner provides confirmation of adequate septic field capacity for the proposed addition containing a shop and secondary suite from Island Health prior to the issuance of a Building Permit authorizing the construction of the proposed addition at 2579 Rainville Road.

CARRIED.

2. Application to Rezone 808, 812 and 820 Arncote Avenue; 2636, 2640, 2646 Peatt Road; and 2641, 2647 and 2649 Sunderland Road from R2 (One- and Two-Family Residential) to MU2 (Mixed-Use Residential Commercial).

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

  1. Direct staff to prepare a bylaw to:

a. Amend the zoning designation of the properties located at 808, 812 and 820 Arncote Avenue; 2636, 2640, and 2646 Peatt Road; and 2641, 2647 and 2649 Sunderland Road from R2 (One- and Two-Family Residential) to MU2 (Mixed-Use Residential Commercial) to permit the construction of two multi-family residential buildings with approximately 206 dwelling; and

b. Add the following to Section 6.56.06 of Zoning Bylaw No. 300:

i. No buildings or structures on the properties legally described as Parcel A (DD 009-W), Lot 12, Section 111, Esquimalt District, Plan 10901 (808 Arncote Avenue); That part of Lot 12, Section 111, Esquimalt District, Plan 10901 lying to the west of a straight boundary joining the points of bisection of the northerly and southerly boundaries of said lot (812 Arncote Avenue); Lot 7, Section 111, Esquimalt District, Plan 10901 (820 Arncote Avenue); Lot B, Section 111, Esquimalt District, Plan 9793 (2636 Peatt Road); Lot C, Section 111, Esquimalt District, Plan 9793 (2640 Peatt Road); Lot 13, Section 111, Esquimalt District, Plan 10901 (2646 Peatt Road); Lot 9, Section 111, Esquimalt District, Plan 10901 (2641 Sunderland Road); and Lot 8, Section 111, Esquimalt District, Plan 10901 (2647/2649 Sunderland Road) may exceed a height of seven storeys;

Subject to the following terms and conditions:

i. That the owner agrees to provide, as a bonus for increased density, the following contributions per Single Family Equivalent (SFE) created, prior to Building Permit Issuance:
a. $6,000 towards the General Amenity Reserve Fund;
b. 1,000 towards the Affordable Housing Reserve Fund;

ii. That the applicant provides, prior to Public Hearing, the following items:
a. Detailed site, elevation and floor plans demonstrating substantial compliance with the Multi-Family Design Guidelines to the satisfaction of the Director Planning;
b. A Traffic Impact Assessment, to the satisfaction of the Director of Engineering and the Ministry of Transportation, evaluating left turn movements from Arncote Avenue onto Peatt Road, impacts on surrounding streets and on the Peatt Road and Veterans Memorial Parkway intersection, and recommending improvements to the transportation network; and
c. A Technical Memo, to the satisfaction of the Director of Engineering, providing a preliminary assessment of the area, consideration of stormwater management options and confirmation that the requirements of Bylaw No. 1000 will be met;

iii. 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:
a. That the owner shall construct all improvements and works recommended by the approved Traffic Impact Assessment, to the satisfaction of the Director of Engineering, prior to the issuance of a Building Permit;
b. That the owner shall construct all frontage improvements, works and services according to the standards of the Subdivision and Development Servicing Bylaw No. 1000 prior to the issuance of a Building Permit;
c. That the owner shall construct the driveway access for the proposed development from either Arncote Avenue or Sunderland Road, to the satisfaction of the Director of Engineering and in accordance with the approved Traffic Impact Assessment; and
d. That the owner shall prepare a stormwater management plan and construct all on- and off-site works required in the approved stormwater management plan, to the satisfaction of the Director of Engineering, prior to the issuance of a Building Permit.

CARRIED.

3. Bylaw No. 1750 - Application to Rezone 12 Properties Located Between Goldstream Avenue, Peatt Road, and Claude Road to Allow for a Mixed-Use Development.

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

  1. Give 1st reading to the attached Bylaw No. 1750 to amend the the zoning designation of the properties located at 2747, 2753, 2761, 2769, and 2779 Peatt Road, 2734, 2738, 2742, 2746, 2750, and 2756 Claude Road, and 798 Goldstream Avenue from P2 (Community Institutional), R1 (One-Family Residential), and R2 (One- and Two-Family Residential ) to a new C9 (Community Town Centre Pedestrian 9) zone subject to the following terms and conditions:

b) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit:
i. $1,525 towards the General Amenity Reserve Fund;
ii. $610 towards the Affordable Housing Fund.

Unless Council amends the Amenity Contribution policy prior to second reading of Bylaw No. 1750 in which case the applicant may request that Council amend Bylaw No. 1750 to include the contribution amounts.

c) That the applicant provides, as a bonus for increased density, the following contributions per square metre of commercial space, prior to issuance of a building permit:

i. $10.75 towards the General Amenity Reserve Fund.

d) That the applicant provides, prior to Bylaw Adoption, the following:

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i. A technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering.
ii. The registration of a lot consolidation plan that includes road dedication along Peatt Road, Goldstream Avenue, and Claude Road to the satisfaction of the Manager of Land Development and Director of Engineering;
iii. The registration a blanket statutory right of way on the proposed church/assisted living site for a pedestrian connection between Peatt Road and Claude Road; and
iv. The registration of a blanket statutory right of way on the southwest site for the future installation of a pedestrian friendly plaza in the southwest corner, which would include art work.

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 a 2.0m wide pedestrian connection between Peatt Road and Claude Road be constructed with red brick paves and lighting prior to issuance of a building permit, to the satisfaction of the Parks Manager; and
ii. That the southwest corner of the proposed commercial/residential site have a pedestrian plaza with art work installed prior to issuance of a building permit, to the satisfaction of the Director of Planning;
iii. That a Traffic Impact Assessment (TIA) be completed to the satisfaction of the Director of Engineering for the full build-out of any block that commercial and/or residential uses are proposed, prior to the issuance of building permit, and that the recommendations of the TIA be implemented;
iv. That all frontage improvements to Bylaw 1000 standards are provided to the satisfaction of the Director of Engineering prior to issuance of a building permit; and
v. That a storm water management plan be provided prior to issuance of a building permit and implemented, as per Bylaw 1000, all to the satisfaction of the Director of Engineering;

  1. Direct staff to enter into a shared parking agreement with owner(s) of the future church property that allows them exclusive privilege to the Danbrook parking lot on Sunday mornings and religions holidays in exchange for parking privileges of their private parking lot for the general public during daytime hours Monday to Friday, excluding religious holidays.

CARRIED.


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7. DEVELOPMENT VARIANCE PERMIT

a) DVP17-0024 – 2647 Crystalview Drive

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Development Variance Permit No. DVP17-0024 be issued by the Council for the City of Langford to Jared Steingard of Westbrook Consulting Ltd on behalf of David Wolovitz to vary one rear yard setback, one exterior yard setback, and two lot width regulations at 2647 Crystalview Dr subject to the following terms and conditions:

  1. Appendix

The site shall be developed in accordance with the site plan attached (Appendix A).

  1. Variances

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

a) That Section 6.21.02(3) is varied by reducing the lot width of proposed Lot 2 from the required 16 m (52.5 ft) to 14.58 m (47.8 ft);
b) That Section 6.21.02(3) is varied by reducing the lot width of proposed Lot 1 from the required 16 m (52.5 ft) to 14.77 m (48.4 ft);
c) That Section 6.21.06(1)(a) is varied by reducing the rear yard setback of proposed Lot 2 from the required 6 m (20 ft) to 3m (10 ft); and
d) That Section 6.21.06(1)(c) is varied by reducing the exterior side yard setback of proposed Lot 2 from the required 4.5 m (15 ft) to 3.0 m (10 ft).

  1. Conditions

The following requirements are imposed under Section 498 of the Local Government Act:

a) That the site is developed in accordance with the plan attached to the Planning, Zoning and Affordable Housing Report dated 23 October 2017 as Appendix A.

CARRIED.


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8. CORRESPONDENCE

a) Greater Victoria Public Library

Re: 2018 Budget and Five Year Financial Plan

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR WADE

That Council receive the Greater Victoria Public Library 2018 Budget and Five Year Financial Plan.

CARRIED.


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9. BYLAWS

a) BYLAW NO. 1727

“Langford Zoning Bylaw, Amendment No. 501, (1300 Glenshire Dr), 2017".
(SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SIFERT

That Council give Bylaw No. 1727 Second and Third Reading.
CARRIED.

b) BYLAW NO. 1731

“Langford Zoning Bylaw, Amendment No. 502, (2955 Irwin Rd), 2017".
(ADOPTION)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SEATON

That Council adopt Bylaw No. 1731.
CARRIED.

c) BYLAW NO. 1745

“Langford Zoning Bylaw, Amendment No. 511, (681 Rockingham Rd), 2017".
(SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR BLACKWELL

That Council give Bylaw No. 1745 Second and Third Reading.
CARRIED.

d) BYLAW NO. 1747

“Langford Zoning Bylaw, Amendment No. 513, (1067 & 1077 Goldstream Avenue), 2017".
(SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1747 Second and Third Reading.
CARRIED.

e) BYLAW NO. 1748

“Langford Zoning Bylaw, Amendment No. 514, (2844 Millstream Rd), 2017".
(FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1748 First Reading.
CARRIED.

f) BYLAW NO. 1750

“Langford Zoning Bylaw, Amendment No. 516, (798 Goldstream Ave; 2747, 2753, 2761, 2769 & 2779 Peatt Rd; 2734, 2738, 2742, 2746, 2750 & 2756 Claude Rd), 2017".
(FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SIFERT

That Council give Bylaw No. 1750 First Reading.
CARRIED.

g) BYLAW NO. 1751

“Bylaw No. 1751, Truck Route Bylaw No. 1477 Amendment No. 2, 2017.”
(ADOPTION)

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR BLACKWELL

That Council adopt Bylaw No. 1751.
CARRIED.


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10. IN CAMERA RESOLUTION

MOVED BY:
COUNCILLOR SEATON
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 the potential provision of a municipal service under Section 90 (1) (k) of the Community Charter.

b) That Council continues the meeting in closed session.

CARRIED.


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11. ADJOURNMENT

Acting Mayor Sahlstrom adjourned the meeting at 6:27 pm.




PRESIDING COUNCIL MEMBER

CERTIFIED CORRECT

Corporate Officer

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Extracted from: 20171204-Agenda-Package(87 pages total)