Minutes of the Regular Meeting of Council - Monday, December 3rd, 2018

1. CALL TO ORDER

The Mayor called the meeting to order at 5:32 pm.

2. APPROVAL OF THE AGENDA

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR SEATON

That Council approve the agenda as presented.
CARRIED.

3. PUBLIC HEARINGS

a) BYLAW NO. 1777

“Langford Zoning Bylaw, Amendment No. 534 (2670 Peatt Rd and 813 Arncote Ave), 2018".

The Mayor opened the Public Hearing for Bylaw No. 1777 at 5:33 pm, and read a statement to inform those present of the public hearing procedure.

Director of Planning Matthew Baldwin advised that Parsi Developments Ltd has applied on behalf of Xian Ventures Ltd to amend the zoning of 2670 Peatt Rd and 813 Arncote Ave from the R2 (One- and Two-Family Residential) Zone to the MU1A (Mixed Use Residential Commercial) Zone.

This is being proposed in order to allow for the development of approximately a 21 unit multi-family residential building. 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 dwelling 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 Public Hearing, the following:

• i. A technical memo from a qualified engineer that verifies storm water can be adequately managed on-site for the proposed development, to the satisfaction of the Director of Engineering;
• ii. A traffic impact study from a qualified professional that this development will have on the surrounding road network, to the satisfaction of the Director of Engineering.
• iii. Frontage drawings that indicate whether or not road dedication is needed.

c) 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 stormwater management and maintenance plan be created, to the satisfaction of the Director of Engineering, and registered on title for the benefit of future owners;
• ii. That full frontage improvements be completed 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;
• iii. That all recommended improvements stemming from the completed traffic impact study be completed prior to issuance of a building permit.
• iv. That appropriate corner cuts are provided to the satisfaction of the Manager of Land Development prior to the issuance of a building permit;
• v. That no unit created may have more than two bedrooms; and
• vi. That the onsite visitor parking be painted as ‘Visitor’ parking and that these spaces be designated as common property, not limited common property, on the strata plan.

1. Authorize the Director of Planning to issue the following variances within the Development Permit for 2670 Peatt Road and 813 Arncote Avenue:

• a) That Section 6.51A.07(1)(a) be varied to reduce the minimum front yard setback from 2.0m to 1.3m; and
• b) That Section 6.41A.07(1)(b) be varied to reduce the minimum exterior side yard setback from 2.0m to 1.4m; and
• c) That Section 6.51A.07(1)(c) be varied to reduce the minimum rear yard setback from 7.5m to 4.6m

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

The Mayor called a first time for presentations.
None presented.

Mayor Young called a second time for presentations.

• Resident on Sunderland Road – is concerned about the parking situation in the driveway, by the fire hydrant and stop sign as there is not enough room already.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1777 closed at 5:39 p.m.

b) BYLAW NO. 1809

“Langford Zoning Bylaw, Amendment No. 549, (MUE1 Amendments – 2750 Leigh Rd), 2018".

The Mayor opened the Public Hearing for Bylaw No. 1809 at 5:39 pm, and read a statement to inform those present of the public hearing procedure.

Director of Planning Matthew Baldwin advised that Les Bjola of Turner Lane Development Corporation has applied on behalf of 1096234 BC Ltd./Langford Ridge Limited Partnership to make various amendments to the MUE1 (Mixed Used Employment 1) Zone.

This is being proposed in order to include underground vehicle storage, underground mini-storage as permitted uses; replace hospital with health centre to allow for greater range of health services, etc. 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:

• $1,000,000 towards the City’s General Amenity Reserve Fund; OR
• An alternate amenity with a demonstrable value equivalent to $1,000,000; OR
• A transfer of 15% of the lands located within the Mixed-Use Employment 1 (MUE1) Zone to the City of Langford; OR
• Some equivalent combination of a(1) and /or a(ii) and/or a(iii).

As previously mentioned, the applicant is required to complete frontage improvements and off-site improvements as per the recommendations in the Traffic Impact Study and Bylaw 1507. All improvements are to be at the developers’ expense; therefore, the direct capital costs to the municipality will be negligible.

This proposal is consistent with the Official Community Plan Mixed Use Employment Centre designation. Notifications and advertisements have been placed as required by the Local Government Act.

Mayor Young called a first time for presentations.

• Resident on Donna Avenue – Is concerned about traffic on Donna and Hartsdale Road and about vacant homes with homeless in the vicinity. Resident is also concerned about the speed of traffic trucks.
• Resident on Sergio Place (provided a five (5) slide PowerPoint presentation) – Is concerned about pedestrian access around his house and being surrounded by development. The neighbourhood has been destroyed. He requests that we deny access of Sergio Place to pedestrians, make purchases of homes as per original assembly and that we stop site prep until loss of enjoyment is prevented.
• Resident on Hartsdale Drive – Wanted confirmation that nothing will happen until proper access is put in off of Leigh Road.

Mayor Young called a second time for presentations.

• Resident on Lake End Road – Addressed Council stating that residents have been patient with land clearing, development, traffic increases and difficulty to turn left onto Leigh Road from Goldstream Avenue. Sidewalks on Leigh Road are not finished, there are no crosswalks. People have to walk into traffic on Leigh Road. Resident is concerned with overdevelopment. Despite development, the concern balance is slipping. Notice of rezoning was placed in obscure location. Meeting time is difficult, there is no consultation and the pace of development is too fast.
• Resident on Goldstream Avenue – Addressed Council concerned that there is no community involvement, no oversite by Council and promises are broken regarding logging trucks.
• Resident on Wagener Terrace – Asked when sewer will come to their street.
• Resident on Leigh Road – Is concerned about erosion of community, speed of vehicles, traffic and widening of Leigh Road to five (5) lanes.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1809 closed at 6:24 pm.

4. ADOPTION OF MINUTES

a) Minutes of the Regular Meeting of Council – November 19, 2018

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR SAHLSTROM

That Council approve the minutes of the Regular Meeting of Council held on November 19th, 2018.
CARRIED.

5. OTHER BOARD AND COMMISSION MINUTES

a) West Shore Parks and Recreation – October 11, 2018

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SEATON

That Council receive the minutes of the West Shore Parks and Recreation Meeting held on October 11, 2018.
CARRIED.

6. DEVELOPMENT VARIANCE PERMIT

a) DVP18-0012 – 938 Whisperwind Pl

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SEATON

That Development Variance Permit No. DVP18-0012 be issued by the Council for the City of Langford to Ronald Wayne Stubbington on behalf of Landmark Sign Ltd. to vary from a front and rear lot line setback of 6 m to a front lot line setback of 3.5 m and a rear lot line setback of 1.5 m at 938 Whisperwind Pl subject to the following terms and conditions:

1. Appendix
   The site shall be developed in accordance with the site plan attached to the Planning, Zoning and Affordable Housing report dated 6 November 2018 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 6.21.06(1)(a) of Zoning Bylaw No. 300 be varied from a front and rear lot line setback of 6 m to a front lot line setback of 3.5 m and a rear lot line setback of 1.5 m;

Subject to the following terms and conditions:

• i) That a 6 m setback be maintained on the interior side lot lines instead of the required 1.5 m.

CARRIED.

b) DVP18-0014 – 620 Rockingham Rd

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SAHLSTROM

That Development Variance Permit No. DVP18-0014 be issued by the Council for the City of Langford to Robert Gordon Angus to reduce the required rear yard setback of 6 m to 3.2 m, a variance request of 2.8 m for the property located at 620 Rockingham Road subject to the following terms and conditions:

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

• a) That Section 6.21.06(1)(a) of Zoning Bylaw No. 300 be varied to reduce the rear setback from the required 6 m (20ft) to 3.2 m (10.49ft);

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

• i. That the site is developed in accordance with the plan attached to this report as Appendix A;
• ii. That the north side of the existing building conforms to the spatial separation requirements under the current issue of the B.C. Building Code prior to subdivision approval.

CARRIED.

7. PUBLIC PARTICIPATION

None.

8. COMMITTEE RESOLUTIONS

a) Planning, Zoning and Affordable Housing Committee – November 26th, 2018

1. Application to Rezone 3238 Lodmell Road from One- and Two-Family Residential (R2) to Residential Small Lot 3 (RS3) to Allow a Four Lot Strata Development

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SZPAK

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the property located at 3238 Lodmell Road from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) subject to the following terms and conditions:

a) That the applicant agrees to provide, as a bonus for increased density, the following contributions per one-family lot created, prior to subdivision approval:

• i. $3,960 towards the General Amenity Reserve Fund; and
• ii. $660 towards the Affordable Housing Reserve Fund.

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

• i. A technical memo from a qualified engineer that verifies storm water can be adequately managed onsite, to the satisfaction of the Director of Engineering.

c) 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 Bylaw 1000 standards are provided to the satisfaction of the Director of Engineering;
• ii. That a storm water management plan be provided and implemented, to the satisfaction of the Director of Engineering;
• iii. That the applicant install a solid 1.2m solid high fence along the north and south property lines with an additional 0.3m of lattice on top;
• iv. That a minimum of two parking spaces be provided along the front of the subject property;
• v. That the applicant install two signs along the strata road that state, ‘No Parking – Fire Lane’;
• vi. That the applicate provide 5% cash in lieu of park of the post rezoning value of the land;
• vii. That the applicant provide a construction management plan to the satisfaction of the Director of Engineering.

d) Authorize the Director of Planning to issue the following variances in the Form and Character Development Permit for 3238 Lodmell Road:

• i. That Section 6.27.06(1)(a) be varied to reduce the minimum front yard setback to an attached garage to 3.0m (10 ft);
• ii. That Section 6.27.06(1)(b) be varied to reduce the minimum rear yard setback to 4.5m (15 ft);

Reduce the number of off-street parking from the required 2 spaces to 0 in exchange for a minimum of 2 spaces provided along the frontage of this site.

CARRIED.

2. Bylaw No. 1794 - A Bylaw to amend the current text within the Zoning Bylaw and to revisit the proposed home designs and the amount of amenity contributions associated with a 24 lot subdivision on the property located at 935 Walfred Road

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SZPAK

That Council:

a) Authorize staff to discharge the existing Section 219 registered with the subject property.

b) Give First Reading of Bylaw No. 1794 to amend the text within the RS3 zoning designation for Amenity Fund contributions for the property located at 935 Walfred Road to the following:

That the owner agrees to provide, as a bonus for increased density, the following contributions per unit prior to subdivision approval:

• i. $3960 per unit towards the General Amenity Reserve Fund;
• ii. $660 per unit towards the Affordable Housing Reserve Fund; And Either
• iii. $56,056 towards the General Amenity Reserve fund;

c) 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 the applicant complete full frontage improvements, including but not limited to: off street parking, sidewalks, light standards and boulevard planting, bike lanes, in accordance with Bylaw No. 1000 standards and to the satisfaction of the Director of Engineering, prior to subdivision approval;
• ii. That the applicant construct, or provide a bond for, a 1.8 metre high solid board fence along the rear of lots that abut the 7 m wide dedicated open space adjacent to Walfred Road, prior to subdivision approval;
• iii. That the applicant provide a construction parking management plan, to the satisfaction of the Director of Engineering, prior to issuance of a building permit;
• iv. That no driveway or other vehicle access will be created between the subject property and Walfred Road;
• v. That the applicant dedicate a 2.5 m wide area of land to accommodate frontage requirements, and off street parking along Walfred Road, as well as an additional 7 m wide dedicated area of land to the City between Walfred Road and the subject property, prior to subdivision approval;
• vi. That the applicant provide a stormwater management plan, to the satisfaction of the Director of Engineering and in accordance with Bylaw No. 1000, prior to subdivision approval;
• vii. That the applicant agrees to implement the approved storm water management plan and to complete any required improvements and/or upgrades to on site and off site infrastructure necessary to facilitate proper drainage on the subject property at the applicant’s expense;
• viii. That any necessary above or underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled at the applicant’s expense; and
• ix. That the applicant agrees to implement the recommendations, to the satisfaction of the Director of Planning, contained within the tree retention plan submitted by Talbot Mackenzie and Associates, and dated on February 2nd, 2010, prior to building permit issuance.

d) That Council authorize the Director of Planning to vary the following variances within a Development Permit:

• i. That Section 3.18.01 be varied to increase the projection limits for a deck from 1 m to 3 m.

CARRIED.

3. Application to Rezone a Portion of 2439 Selwyn Road from One- and Two-Family Residential (R2) to Residential Small Lot 3 (RS3) in order to Allow for the Future Development of a Single Small Lot

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SZPAK

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of a portion of the property located at 2439 Selwyn Road from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) subject to the following terms and conditions:

a) That the applicant agrees to provide, as a bonus for increased density, the following contributions per one-family lot created, prior to subdivision approval:

• i. $3,960 towards the General Amenity Reserve Fund; and
• ii. $660 towards the Affordable Housing Reserve Fund.

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

• ii. A technical memo from a qualified engineer that verifies storm water can be adequately managed onsite, to the satisfaction of the Director of Engineering.

c) 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 Bylaw 1000 standards are provided to the satisfaction of the Director of Engineering;
• ii. That a storm water management plan be provided and implemented, to the satisfaction of the Director of Engineering;
• iii. That a portion of the land along the rear portion of the property be dedicated as park land, to the satisfaction of the Manager of Parks;
• iv. That the applicant install a 1.8m (6.0 ft) high wood fence along the property line between the two lots, prior to subdivision approval;
• v. That the applicant provide a construction management plan to the satisfaction of the Director of Engineering.

2. Direct staff to proceed with consideration of the following variances for the existing dwelling on the proposed panhandle lot at 2439 Selwyn Road, subject to the applicant applying for the necessary DVP:

• That Section 6.21.06(1)(a) be varied to reduce the minimum front yard setback from 6.0m (20 ft) to 2.0m (6.5 ft).

CARRIED.

4. Application for Development Variance Permit to allow two temporary development signs located at the intersection of Constellation Avenue and West Shore Parkway

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SZPAK

That Council:

1. Direct staff to proceed with consideration of the following variances for the two signs located at the corners of Constellation and West Shore Parkway:

• a) That Section 7. e) iii. of Sign Bylaw No. 1250 be varied to increase the area of a temporary development sign from 18m2 to 92m2.

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 & B.

CARRIED.

b) Protective Services Committee – November 27th, 2018

1. West Shore RCMP 2017 Annual Year End Report

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SEATON

That Council receive the West Shore RCMP Annual Year End Report.
CARRIED.

2. West Shore RCMP Quarterly Report

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SEATON

That Council receive the West Shore RCMP Quarterly Report.
CARRIED.

3. Wounded Warrior Canada Partnership Agreement

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SEATON

That Council endorse Langford Fire Rescue to establish a memorandum of understanding with Wounded Warrior Canada.
CARRIED.

4. Community Resiliency Investment Program Grant

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR WADE

That Council resolve to support the application for a 2019 Community Resiliency Investment Program grant.
CARRIED.

5. Amendments to Traffic, Parks and MTI Authorization Bylaws to address Cannabis and Camping

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR WADE

That Council:

1. Give first three readings to Bylaw 1822, “Langford Municipal Park Regulation Bylaw Amendment No. 10, Bylaw 177, 1996” for adoption, and/or;
2. Give first three readings to Bylaw 1823, “Traffic Bylaw No. 33, 1995, Amendment No. 22, 2013” for adoption, and/or;
3. Give first three readings to Bylaw 1824, “District of Langford Ticket Information Authorization Bylaw Amendment No. 16, Bylaw 34, 2018.”

CARRIED.

9. REPORTS

a) 2019 Council and Committee Meeting Schedule

• Staff Report (Administration)

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR WADE

That Council adopt the 2019 Council and Committee meeting schedule and advertise as required by the Community Charter.
CARRIED.

10. CORRESPONDENCE

a) Kristen Morley, General Manager - Capital Regional District

RE: CRD Representatives to the CRHC Board Resolution

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR WADE

That Council ratify and confirm the appointment of its current CRD representatives to the CRHC Board.
CARRIED.

11. BYLAWS

a) BYLAW NO. 1777

“Langford Zoning Bylaw, Amendment No. 534 (2670 Peatt Rd and 813 Arncote Ave), 2018".
(SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SZPAK

That Council give Bylaw No. 1777 Second and Third Readings.
CARRIED.

b) BYLAW NO. 1790

“Road Closure Bylaw No. 1790 (Springhill Road), 2018”.
(ADOPTION)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SEATON

That Council adopt Bylaw No. 1790.
CARRIED.

c) BYLAW NO. 1794

“Langford Zoning Bylaw, Amendment No. 541, (935 Walfred Rd), 2018".
(FIRST READING)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR SAHLSTROM

That Council give Bylaw No. 1794 First Reading.
CARRIED.

d) BYLAW NO. 1804

“Langford Zoning Bylaw, Amendment No. 545, (3030 Merchant Way), 2018".
(ADOPTION)

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR STEWART

That Council adopt Bylaw No. 1804.
CARRIED.

e) BYLAW NO. 1809

“Langford Zoning Bylaw, Amendment No. 549, (MUE1 Amendments – 2750 Leigh Rd), 2018".
(SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR SAHLSTROM
SECONDED:
COUNCILLOR SEATON

That Council give Bylaw No. 1809 Second and Third Readings.
CARRIED.

f) BYLAW NO. 1810

“Langford Zoning Bylaw, Amendment No. 550, (887 Klahanie Dr), 2018".
(FIRST READING)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR STEWART

That Council give Bylaw No. 1810 First Reading.
CARRIED.

g) BYLAW NO. 1818

“City of Langford Housing Agreement (#202 – 3309 Piper Rd) Bylaw No. 1818, 2018”.
(ADOPTION)

MOVED BY:
COUNCILLOR SEATON
SECONDED:
COUNCILLOR STEWART

That Council adopt Bylaw No. 1818.
CARRIED.

h) BYLAW NO. 1822

“Langford Municipal Park Regulation Bylaw Amendment No. 10, Bylaw 177, 1996”.
(FIRST, SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SAHLSTROM

That Council give Bylaw No. 1822 First, Second and Third Readings.
CARRIED.

i) BYLAW NO. 1823

“Traffic Bylaw No. 33, 1995, Amendment No. 22, 2013”.
(FIRST, SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR WADE
SECONDED:
COUNCILLOR STEWART

That Council give Bylaw No. 1823 First, Second and Third Readings.
CARRIED.

j) BYLAW NO. 1824

“District of Langford Ticket Information Authorization Bylaw Amendment No. 16, Bylaw 34, 2018”.
(FIRST, SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR SZPAK
SECONDED:
COUNCILLOR SEATON

That Council give Bylaw No. 1824 First, Second and Third Readings.
CARRIED.

12. IN CAMERA RESOLUTION

MOVED BY:
COUNCILLOR SZPAK
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 land matters under Section 90 (1) (e) of the Community Charter.

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

13. ADJOURNMENT

Mayor Young adjourned the meeting at 7:18 pm.

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PRESIDING COUNCIL MEMBER:

CERTIFIED CORRECT

Corporate Officer