MINUTES OF THE REGULAR MEETING OF COUNCIL — January 22, 2018

1. CALL TO ORDER

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

2. APPROVAL OF THE AGENDA

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council approve the agenda with the removal of 7(b) and replacing it with the Royal Roads MOU.
CARRIED.

3. ADOPTION OF MINUTES

a) Minutes of the Meeting of Council – January 8th, 2018

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR SAHLSTROM

That Council approve the minutes of the Regular Meeting of Council held on January 8th, 2018.

CARRIED.

4. PUBLIC PARTICIPATION

None presented.

5. DEVELOPMENT VARIANCE PERMIT

a) DVP17-0026 - 1345 Ravensview Dr

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Development Variance Permit No. DVP17-0026 be issued by the Council for the City of Langford to Korby Grist to increase in the maximum allowable floor area for an accessory building from the required 30 m2 to 224.19 m2, and to vary the allowable height of the accessory building from the required 5.65 m to 5.89 m at 1345 Ravens View Drive subject to the following terms and conditions:

1. Appendix

That the site is developed in accordance with the plan attached to the Planning, Zoning and Affordable Housing report dated 11 December 2017 as Appendix A.

2. Variances

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

a) That Section 3.05.02(3)(a)(i) of Zoning Bylaw No. 300 be varied from the required 4.5 m (15ft) or 60% of the height of the residential dwelling to 5.89 m;
b) That Section 3.05.02 (4) of Zoning Bylaw No. 300 be varied from the required 30 m2 to 224.19 m2.

CARRIED.

b) DVP17-0027 - 3143 Jacklin Rd

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Development Variance Permit No. DVP17-0027 be issued by the Council for the City of Langford to Alex Samousevitch has applied on behalf of School District No. 62 to allow a reduction in the interior side lot line setback from the required 6.0 m (19.7 ft) to 1.0 m (3.3 ft) to allow for the construction an office portable for the School District No. 62 located at 3143 Jacklin Road subject to the following terms and conditions:

1. Appendix

The site shall be developed in accordance with the site plan attached as (Appendix A) to the Planning, Zoning and Affordable Housing report dated 11 December 2017.

2. Variances

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

a) That Section 6.81.05 (2) of Zoning Bylaw No. 300 be varied to reduce the minimum interior yard setback from the required 6.0 m (19.7 ft) to 1.0 (3.3 ft).

3. Conditions

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

a) That the applicant accepts responsibility for any damages to the trail as a result of the proposed development.

CARRIED.

c) DVP17-0028 - 3690 Happy Valley Rd

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Development Variance Permit No. DVP17-0028 be issued by the Council for the City of Langford to Seamus Brennan, Keycorp Consulting Ltd. on behalf of Peggy Price and Donna Hesketh to vary the RS4 zoning regulations to allow a lot to be created by subdivision that is exempt the minimum 10% frontage requirements as specified in Section 512 of the Local Government Act for the property located at proposed Lot B-1, 3690 Happy Valley Road subject to the following terms and conditions:

1. Appendix

The site shall be developed in accordance with the site plan attached as (Appendix A) to the Planning, Zoning and Affordable Housing report dated 11 December 2017.

2. Variances

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

a) Waive the 10% minimum frontage requirement of section 512 of the Local Government Act for the panhandle lot; and
b) Direct staff to proceed with consideration of the following variances for proposed Lot B-1, 3690 Happy Valley Road:
c) That Section 6.27A.02(5) of Zoning Bylaw No. 300 be varied to allow for a panhandle lot to be created by subdivision in the RS4 zone.

3. Conditions

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

a) That the applicant ensure a minimum width of 6.0 m as access, to the satisfaction of the Approving Officer, prior to Subdivision Approval.

CARRIED.

d) DVP17-0031 - 2874 Leigh Rd

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Development Variance Permit No. DVP17-0031 be issued by the Council for the City of Langford to Carole Hutchinson, Design One - Stevens Interiors on behalf of Derek Russell Hass to reduce the minimum setback from the exterior side lot line from 2.0 m (6.6 ft) to 1.5 m (5 ft) for the proposed one-family dwelling at 2874 Leigh Road subject to the following terms and conditions:

1. Appendix

The site shall be developed in accordance with the site plan attached as (Appendix C) to the Planning, Zoning and Affordable Housing report dated 24 July 2017.

2. Variances

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

(a) That Table 3.18.01 of Zoning Bylaw No. 300 be varied by reducing the minimum setback from the exterior side lot line from 2.0 m to 1.5 m for a principal building abutting a highway less than 4.5 m wide.

CARRIED.

6. COMMITTEE RESOLUTIONS

a) Planning, Zoning and Affordable Housing Committee – January 15th, 2018

1. Bylaw No. 1757 - Application to rezone the property at 3427 Happy Valley Road from RR2 (Rural Residential Zone) to Attached Housing (RM2A) and Amend the Text of the RM2A Zone to allow for townhouse developments with reduced setbacks and higher densities

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

1. Give First Reading to Bylaw No. 1757 to amend the text of the RM2A (Attached Housing) Zone by:

a. Deleting from the RR2 (Rural Residential 2) Zone and adding to the RM2A (Attached Housing) Zone the property legally described as Lot 3, Section 85, Metchosin District, Plan 6533, PID No. 005-857-643 (3427 Happy Valley Road).
b. Replacing 6.31A.03(1) with “Except as provided in Articles (2) and (3), buildings in the RM2A Zone shall not exceed a floor area ratio of 0.75.”
c. Replacing 6.31A.03(2) with “Despite Subsection 6.31A.03(1), on land whose legal description is set out in Table 1 of Schedule AD, the floor area ratio may be increased to a maximum of 1.0, if the owner of the land proposed to be developed pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a Building Permit.”
d. Replacing 6.31A.03(3) with “Despite Subsection 6.31A.03(1), the floor area ratio may be increased to a maximum of 1.5 if the owner of the land proposed to be developed provides a minimum of 50% of the parking spaces required by this Bylaw in an underground or under building parking structure, subject to compliance with the density bonus provisions specified in Subsection 6.31A.03(2).
e. Replacing 6.31A.06 with "No building or structure may be located:

a. Within 5.5 m (18 ft) of any front lot line;
b. Within 5.5 m (18 ft) of any exterior side lot line;
c. Within 7.5 m (25 ft) of at least one interior side or rear lot line, and within 3.0 m (10 ft) of the other interior side and rear lot lines.

Subject to the following terms and conditions:

(a) That the owner provides, as a bonus for increased density, the following contributions prior to the issuance of a Building Permit:

a. $3,660 per dwelling unit towards the General Amenity Reserve Fund; and
b. $610 per dwelling unit towards the Affordable Housing Reserve Fund.

(b) That the applicant provides, prior to Public Hearing:

a. A road dedication plan to the satisfaction of the Director of Engineering;
b. A technical stormwater management memorandum to the satisfaction of the Director of Engineering; and
c. A Traffic Impact Assessment, to the satisfaction of the Director of Engineering, to evaluate the impact of the proposed development on the western portion of the site on Happy Valley Road

(c) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority over all other charges on title, that agrees to the following;

a. That any required road dedication, in accordance with the road dedication plan approved by the Director of Engineering, will be registered prior to subdivision approval or Building Permit issuance, whichever occurs first;
b. That the developer will construct full frontage improvements in accordance with Bylaw No. 1000 and to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first;
c. That the developer will provide a construction parking management plan, to the satisfaction of the Director of Engineering, prior to Building Permit issuance;
d. That the developer will provide a stormwater management plan, in accordance with Bylaw No. 1000 and to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first;
e. That the developer will implement the approved stormwater management plan, and complete any required improvement and/or upgrades to on- and off-site infrastructure, to the satisfaction of the Director of Engineering and at the developer’s expense;
f. That the developer will implement any on- or off-site improvements required by the Traffic Impact Assessment, to the satisfaction of the Director of Engineering and prior to subdivision approval or Building Permit issuance, whichever occurs first; and
g. That the developer and all subsequent landowners acknowledge the proximity of the development to lands within the Agricultural Land Reserve (ALR) and to the South Vancouver Island (SVI) Rangers gun range, and acknowledge that these land uses may create noise, odour and general nuisances.

2. Authorize the Director of Planning to issue the following variances in a Development Permit to be applied for by the applicant:

(a) To reduce the minimum front yard setback from 5.5 m (18 ft) to 3.0 m (10 ft) for a portion of the building other than the garage;
(b) To reduce the minimum exterior side yard setback from 5.5 m (18 ft) to 3.0 m (10 ft):
(c) To reduce the minimum interior side yard setback from 3.0 m (10 ft) to 1.5 m; and
(d) To reduce the minimum rear yard setback from 7.5 m (25 ft) to 3.0 m (10 ft).

CARRIED.

2. Bylaw No. 1756 - Application to Rezone 721 Station Avenue from CS1 (Service Commercial) to C8A (Community Town Centre Pedestrian A) and to amend the text of the C8A Zone to allow for future redevelopment of the site

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

1. Give First Reading to Bylaw No. 1756 as drafted to rezone the property at 721 Station Avenue from CS1 (Service Commercial) to C8A (Community Town Centre Pedestrian A) and to amend the text of the C8A Zone to allow for future redevelopment of the site at a higher density and with a wider range of permitted uses.

Subject to the following conditions:

a) That, prior to Public Hearing, the applicant provides a technical memorandum regarding stormwater management for redevelopment of the site, to the satisfaction of the Director of Engineering; and

b) That, prior to Bylaw Adoption, the applicant provides a Section 219 Covenant, registered on title in priority of all other charges, that agrees to:

i. Provide a Traffic Impact Assessment (TIA), to the satisfaction of the Director of Engineering and the Ministry of Transportation, and complete all improvements recommended in the TIA, to the satisfaction of the Director of Engineering, prior to the issuance of any Development Permit or Building Permit, whichever occurs first, for redevelopment of the site to a density exceeding a floor area ratio (FAR) of 1.0;
ii. Provide a stormwater management plan, to the satisfaction of the Director of Engineering and in accordance with Bylaw No. 1000, prior to subdivision approval or the issuance of a Building Permit for redevelopment of the site;
iii. Implement the approved stormwater management plan and complete any required improvements and/or upgrades to on- and off-site infrastructure necessary to facilitate proper drainage on the subject property, at the owner’s expense;
iv. Construct full frontage improvements on Station Avenue and Millstream Road, in accordance with Bylaw No. 1000 and to the satisfaction of the Director of Engineering, prior to subdivision approval or the issuance of a Building Permit for redevelopment of the site, whichever occurs first; and
v. Provide a construction parking management plan, to the satisfaction of the Director of Engineering, prior to the issuance of any Building Permit for redevelopment of the site; and
vi. That any necessary aboveground or underground infrastructure or servicing upgrades, extensions or other servicing requirements are to be fulfilled to the standards of Bylaw No. 1000 and to the satisfaction of the Director of Engineering, and that any costs incurred by these upgrades, extensions or other requirements will be the responsibility of the developer.

CARRIED.

3. Application for Development Variance Permit to allow an additional directory sign and permit freestanding directory signs at 2401 Millstream Road

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

1. Direct staff to proceed with consideration of the following variances for 2401 Millstream Road:

a) That Section 9(a)(ii) of Sign Bylaw No. 1250 be varied to allow two freestanding directory signs instead of the requirement façade style;

b) That Section 9(b) of Sign Bylaw No. 1250 be varied to allow one additional directory sign above and beyond one per highway frontage.

CARRIED.

4. Draft Five Year Financial Plan for 2018/2022

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council:

1. Approve in principle the Planning and Development Services Five Year Financial Plan as presented with the following priorities on projects:

2. Direct Staff to prepare a bylaw to amend the City’s Development Procedures Bylaw (Bylaw No. 209) to include an increase to planning related fees commensurate with the cost of living and an increase in Public Hearing fees to reflect the new costs associated with advertising (newspaper ads and signage).

CARRIED.

7. REPORTS

a) Realignment of Claude Road South - Staff Report (Engineering)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SIFERT

That Council:

1. Authorize the allocation of up to $86,500 in General Amenity Reserve Funds towards frontage improvements along the east side of Claude Road adjacent to 2769 and 2777 Claude Road as outlined in this report.

CARRIED.

b) Royal Roads Memorandum of Understanding - Staff Report (Administration)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR SAHLSTROM

That Council approve and sign the Memorandum of Understanding between Royal Roads University and the City of Langford.

CARRIED.

8. BYLAWS

a) BYLAW NO. 1745

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

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR EADE

That Council adopt Bylaw No. 1745.
CARRIED.

b) BYLAW NO. 1756

“Langford Zoning Bylaw, Amendment No. 520, (721 Station Avenue), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1756 First Reading.
CARRIED.

c) BYLAW NO. 1757

“Langford Zoning Bylaw, Amendment No. 521, (3427 Happy Valley Road), 2017". (FIRST READING)

MOVED BY:
COUNCILLOR BLACKWELL
SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1757 First Reading.
CARRIED.

d) BYLAW NO. 1759

“Langford Road Closure, 2018 UnNamed Road Stub off of West Shore Parkway” (ADOPTION)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR BLACKWELL

That Council adopt Bylaw No. 1759.
CARRIED.

9. 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 disposal, potential litigation and the potential provision of a new service under Section 90 (1) (e) (g) and (k) of the Community Charter.

b) That Council continues the meeting in closed session.

CARRIED.

10. ADJOURNMENT

The Chair adjourned the meeting at 5:41 pm.

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PRESIDING COUNCIL MEMBER:

CERTIFIED CORRECT

Corporate Officer