Minutes of the Regular Meeting of Council - April 1, 2019

MINUTES OF THE REGULAR MEETING OF COUNCIL

Monday, April 1, 2019 @ 5:30 p.m.
Council Chambers, 3rd Floor, 877 Goldstream Avenue

PRESENT

Mayor Young; Councillors: D. Blackwell, M. Sahlstrom, L. Seaton, L. Szpak, N. Stewart and R. Wade.

ATTENDING

Chief Administrative Officer, D. Kiedyk; Director of Finance, M. Dillabaugh; Director of Corporate Services, B. Hutchins; Director of Planning, M. Baldwin; and Director of Engineering, M. Mahovlich.

1. CALL TO ORDER

Mayor Young called the meeting to order at 5:30 pm.

2. APPROVAL OF THE AGENDA

MOVED BY:
COUNCILLOR SEATON

SECONDED:
COUNCILLOR STEWART

That Council approve the agenda as presented.
CARRIED.

3. PRESENTATION

a) Mayor Young

RE: Appreciation for Retired Committee Members

Mayor Young expressed the City's appreciation to the following individuals for their time served as Citizen Representatives on Committees of Council.

• Dawn Helgason, 20 years on the Board of Variance Committee
• Jean Tarr, 17 years on the Transportation and Public Works Committee
• Ed Wilson, 9 years on the Protective Services Committee
• Trevor Won, 2.5 years on the Administration and Finance Committee

b) Juan de Fuca Curling Centre

RE: Closure of West Shore Parks and Recreation Curling Rink

MOVED BY:
COUNCILLOR SZPAK

SECONDED:
COUNCILLOR STEWART

That Council receive the letter from the Juan de Fuca Curling Centre and refer the issue back to the Board of Directors and West Shore Parks and Recreation Administration Committee for consideration.
CARRIED.

4. PUBLIC HEARINGS

a) BYLAW NO. 1798

"Langford Zoning Bylaw, Amendment No. 544, (2439 Selwyn Road), 2019".

The Mayor opened the Public Hearing for Bylaw No. 1798 at 5:46 pm, and read a statement to inform those present of the public hearing procedure.

Director of Planning Matthew Baldwin advised that Brandon Dol has applied to amend the zoning of a portion of 2439 Selwyn Road from the R2 (One- and Two-Family Residential) Zone to the RS3 (Residential Small Lot 3) Zone.

This is being proposed in order to allow for the development of a single small lot.

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 contributions per one-family lot created as a bonus for increased density prior to subdivision approval:

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

The applicant has agreed to provide, prior to Public Hearing:

• 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.

The applicant had agreed to provide, 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 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.

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:

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

This proposal is consistent with the Official Community Plan Neighbourhood 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.
None presented.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1798 closed at 5:49 p.m.

b) BYLAW NO. 1826

"Langford Zoning Bylaw, Amendment No. 555, (939 Walfred Rd), 2019".

The Mayor opened the Public Hearing for Bylaw No. 1826 at 5:49 pm, and read a statement to inform those present of the public hearing procedure.

Director of Planning Matthew Baldwin advised that Dave Smith of McElhanney Consulting Services Ltd. have applied on behalf of Amit Sehti to amend the zoning of 939 Walfred Rd from the RR5 (Rural Residential 5) Zone to the RS3 (Residential Small Lot 3) Zone.

This is being proposed in order to allow for the development of a small lot subdivision of approximately 24 single-family lots.

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 as a bonus of increased density, the following contributions per new lot created, prior to subdivision approval:

• I. $3,960 per lot towards the General Amenity Reserve Fund;
• II. $660 per lot towards the Affordable Housing Reserve Fund;

This proposal is consistent with the Official Community Plan Hillside or Shoreline designation.

Notifications and advertisements have been placed as required by the Local Government Act.

The Mayor called a first time for presentations.

• Representative from the proponent (McElhanney) thanked staff and spoke to functional/small houses and welcomed questions.
• Resident on Walfred Road voiced concerns about dust, noise, dirt and would like it managed. Wants a barrier structure erected between properties. Once development is complete, they would like a privacy fence and would like an arborist report to protect the trees. Would like crushing and blasting Mon-Fri from 7:00am to 5:00pm, as well as water sprayed on dust. They would like an assessment of structure next to 939 for a risk of blasting. Lastly, they would like to ensure that there is enough parking (2 car parking and garage) and enough visitor parking.
• Proponent clarified 2 parking spots per home and 1 extra per 2. They are committed to no blasting or crushing on weekends and only between 8:00am to 3:30pm. They will also share blasting reports and confirmed that an arborist will be engaged on the trees.
• Mayor Young clarified that the CRD allows for watering of dust.
• Proponent confirmed that a privacy fence will be installed.
• Resident on Walfred Road expressed concern about lack of parks and lack of parking and asked about timelines for clearing. They are also concerned about noise from blasting.
• Proponent for developer said no timelines are set as of yet.
• A neighbouring resident echoed the neighbouring concerns and also wants the tree line to be left along Walfred.
• Resident asked for clarification on the number of lots.
• Proponent confirmed that it is 24.

Mayor Young called a second time for presentations.
None presented.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1826 closed at 6:14 p.m.

c) BYLAW NO. 1833

"Langford Zoning Bylaw, Amendment No. 559, (790 McCallum Rd), 2019".

The Mayor opened the Public Hearing for Bylaw No. 1833 at 6:14 pm, and read a statement to inform those present of the public hearing procedure.

Director of Planning Matthew Baldwin advised that Niall Paltiel of Keycorp Consulting has applied on behalf of 1054105 BC Ltd. (Seacliff Properties) to amend the text of the MUE2 (Mixed Use Employment 2) of 790 McCallum Road.

This is being proposed in order to permit Gasoline Service Station as a permitted use.

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 additional landscaping above and beyond what City guidelines require for lands that are developed for a Gasoline Service Station and/or Parking Facilities.

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.

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

Mayor Young called a second time for presentations.

• Resident on Progress Place is concerned that the property was rezoned a year ago and they are back rezoning already. Where is the gas station going to go?
  • Mayor Young clarified that it was the moving of the Costco gas station.
• Resident on Viola Place made a number of threats and personal attacks. They were asked to speak about the issue at hand and eventually to sit down.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1833 closed at 6:30 p.m.

5. ADOPTION OF COUNCIL MINUTES

a) Minutes of the Regular Meeting of Council - March 18th 2019

MOVED BY:
COUNCILLOR SEATON

SECONDED:
COUNCILLOR WADE

That Council approve the minutes of the Regular Meeting of Council held on March 18th 2019.
CARRIED.

6. OTHER BOARD AND COMMISSION MINUTES

a) West Shore Parks and Recreation - February 14th, 2019

MOVED BY:
COUNCILLOR WADE

SECONDED:
COUNCILLOR SZPAK

That Council receive the minutes of the West Shore Parks and Recreation Meeting held on February 14th 2019.
CARRIED.

7. PUBLIC PARTICIPATION

• Youth of West Shore Parks and Recreation (WSPR) Curling wants curling to remain open.
• Multiple Junior girls of WSPR Curling also spoke in favour of the curling club remaining open and asked Council to consider further discussion on the matter.
• Representative of the Curling Club also expressed that they were sad about the curling club closure. They wanted further discussions on continued opportunity for youth, colleagues, seniors, and health improvement.
• Representative of the men's seniors' league said they are willing to pay more, but there was no consultation. They offered curling in the winter, and other sports in the summer.
• A youth of the Junior Girls Curling clarified that there is no promotion of WSPR for curling.
• Another curler objected to the closure and spoke to impact to youth and loss of provincial bonspiel. They want to keep curling alive for the kids.
• Another resident from East Saanich spoke in favour of curling, they have been curling for 23 years and coach curling, spoke about fortitude and family bonds promoted by curling.

8. DEVELOPMENT VARIANCE PERMIT

a) DVP17-0029 - 2342 Lairds Gate

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council:
That Development Variance Permit No. DVP17-0029 be issued by the Council for the City of Langford to Jared Steingard, Westbrook Consulting Ltd. on behalf of Paul Goudy and Kirsten Peters to increase the maximum distance that a road must be from a highway that has two routes available to emergency vehicles at 2342 Lairds Gate subject to the following terms and conditions:

1. Appendix
   The site shall be developed in accordance with the site plan attached as Appendix A

2. Variances
   The following regulations of Subdivision and Development Servicing Bylaw No. 1000 are varied under Section 498 of the Local Government Act:
   a) That Section 4.17.1 of Subdivision and Development Servicing Bylaw No. 1000 be varied to increase the maximum length of road allowed past a highway that has two routes available to emergency vehicles from 305m to 505m, subject to the following conditions:
   i) Construction of a trail to a standard acceptable to the Fire Chief and Parks Manager and secured by statutory right of way that links Lairds Gate to a public road
   ii) The registration of a Section 219 Covenant prior to the issuance of this Development Variance Permit requiring the installation of internal fire sprinklers to NFPA standards, to the satisfaction of the Chief Building Inspector and Fire Chief.

CARRIED.

9. REPORTS

a) Rent-to-Own Partnership Agreement

Staff Report (Planning)

MOVED BY:
COUNCILLOR SEATON

SECONDED:
COUNCILLOR WADE

That Council:
Direct staff to enter into a Partnering Agreement with Ledcor Investments Inc. to provide a Rent-to-Own program for a 36 month period and use funds from the Affordable Housing Reserve fund to provide financial assistance of $5,000 - $6,000 per successful RTO sale up to a maximum of 20 units (i.e. a maximum of $100,000 - $120,000).

CARRIED.

b) West Shore Parks and Recreation 2019 Budget

Staff Report (Finance)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR SAHLSTROM

That Council:
That Council approve the 2019 West Shore Parks and Recreation Society budget.

CARRIED.

c) Administration and Finance Committee Appointments

Staff Report (Administration)

MOVED BY:
COUNCILLOR SAHLSTROM

SECONDED:
COUNCILLOR SZPAK

That Council:
THAT Council appoint Sam Auerbach, Brett Border and Dennis Seed to the Administration and Finance Committee.

CARRIED.

10. CORRESPONDENCE

c) Canadian Cancer Society - Cops for Cancer

RE: Request for Beer Gardens at the 2nd Annual Fundraiser Baseball Tournament

MOVED BY:
COUNCILLOR SZPAK

SECONDED:
COUNCILLOR WADE

That Council support the request from the Tour de Rock- Cops for Cancer and allow them to hold a beer garden at their fundraising baseball tournament, subject to approval from the Liquor License Control Board.
CARRIED.

11. BYLAWS

a) BYLAW NO. 1784

"Langford Official Community Plan Bylaw, Amendment No. 28, (734 Latoria Rd), 2019". (ADOPTION)

MOVED BY:
COUNCILLOR SEATON

SECONDED:
COUNCILLOR SZPAK

That Council adopt Bylaw No. 1794.
CARRIED.

b) BYLAW NO. 1785

"Langford Zoning Bylaw, Amendment No. 537, (734 Latoria Rd), 2019". (ADOPTION)

MOVED BY:
COUNCILLOR WADE

SECONDED:
COUNCILLOR BLACKWELL

That Council adopt Bylaw No. 1785.
CARRIED.

c) BYLAW NO. 1798

"Langford Zoning Bylaw, Amendment No. 544, (2439 Selwyn Road), 2019". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1798 Second and Third Readings.
CARRIED.

d) BYLAW NO. 1817

"Subdivision and Development Servicing Bylaw, Amendment No. 18 (Omnibus Amendments), Bylaw No. 1817". (ADOPTION)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council adopt Bylaw No. 1817.
CARRIED.

e) BYLAW NO. 1826

"Langford Zoning Bylaw, Amendment No. 555, (939 Walfred Rd), 2019". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1826 Second and Third Readings.
CARRIED.

f) BYLAW NO. 1832

"Langford Zoning Bylaw, Amendment No. 558, (1016 McCallum Rd), 2019". (ADOPTION)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council adopt Bylaw No. 1832.
CARRIED.

g) BYLAW NO. 1833

"Langford Zoning Bylaw, Amendment No. 559, (790 McCallum Rd), 2019". (SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR BLACKWELL

SECONDED:
COUNCILLOR WADE

That Council give Bylaw No. 1833 Second and Third Readings.
CARRIED.

h) BYLAW NO. 1836

"Road Closure Bylaw No. 1836, (Unnamed Lane near 1198 Goldstream Avenue) 2019". (FIRST, SECOND AND THIRD READINGS)

MOVED BY:
COUNCILLOR WADE

SECONDED:
COUNCILLOR SZPAK

That Council give Bylaw No. 1836 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 labour relations and land matters under Section 90 (1) (c) and (e) of the Community Charter.
b) That Council continue the meeting in closed session.

CARRIED.

13. ADJOURNMENT

Mayor Young adjourned the meeting at 8:45 pm.

MAYOR

CERTIFIED CORRECT

Corporate Officer
Braden Hutchins
Corporate Officer