Special Council Minutes — October 4, 2021 (5:30 PM session)

1. CALL TO ORDER

Mayor Young called the meeting to order at 5:33 pm.

2. APPROVAL OF THE AGENDA

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council approve the agenda as presented.
Motion CARRIED.

3. PUBLIC HEARINGS

3.1 BYLAW NO. 1998

The Mayor opened the Public Hearing for Bylaw No. 1998 at 5:34 pm.

Deputy Director of Planning Leah Stohmann advised that Roya Adami has applied to amend the zoning of 2619 Sooke Road from One- and Two-Family Residential (R2) Zone to the Neighbourhood Institutional (P1A) Zone, and to amend the text of the P1A zone to allow for a 44-child Group Daycare.

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 prior to Bylaw Adoption: a. $6,000.00 for a sidewalk on the Sooke Rd. frontage of the strata property, to the satisfaction of the Director of Engineering.

This proposal is consistent with the current Official Community Plan “Neighbourhood Centre” designation.

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

The Mayor called a first time for presentations. None.

Mayor Young called a second time for presentations. None.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1998 closed at 5:35 p.m.

3.2 BYLAW NO. 1856

The Mayor opened the Public Hearing for Bylaw No. 1856 at 5:35 pm.

Deputy Director of Planning Leah Stohmann advised that Rachael Sansom has applied on behalf of 1177016 BC Ltd. to amend the zoning of 2627 and 2631 Millstream Road from the R2 (One- and Two-Family Residential Zone to the RM9 (Medium Density Apartment) Zone.

This is being proposed in order to allow for the development of an apartment building with approximately 113 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:

a) As a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: i. $610 towards the Affordable Housing Fund;
ii. $3,660 towards the General Amenity Reserve Fund;
iii. (i) and (ii) are subject to reductions depending on the use and height in accordance with the Affordable Housing and Amenity Contribution Policy;
iv. That the total amount of contribution, after reductions, to the General Amenity Reserve Fund may be reduced by the estimated cost of installing additional sidewalk in front of the properties located at 2635 Millstream Road and 2623-2579 Millstream Road, as well as the cost of installing a flashing pedestrian crossing, to the satisfaction of the Director of Engineering;

b) That, prior to Bylaw Adoption, the developer: i. Provides a Section 219 covenant registered in priority of all other charges on title that agrees to the following: 1. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior the issuance of a building permit: a. Full frontage improvements, including the installation of sidewalks along the frontage of the properties and along the frontage of 2635 Millstream Road and 2623-2579 Millstream Road, as well as the installation of a flashing pedestrian crossing.
b. A storm water management plan;
c. A construction parking management plan 2. That the developer will connect and be responsible for any upgrades required to the services and utilities required for the development; 3. That the developer registers a strata plan, prior to the issuance of an occupancy permit, that creates individual strata titles for each resident unit; 4. That the developer consolidates the properties prior to the issuance of a development permit; 5. That the required parking stalls for this development are allocated for the use by individuals in each unit and visitors, as required by Bylaw No. 300, and that parking is not separated from individual units nor provided in exchange for compensation separate than that of the residential unit; and a. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space; and
b. Energized outlets shall be labelled for the use of electric vehicle charging; and
c. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
d. The owner is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council may not prevent an owner, occupant, or tenant from installing the EV charging equipment.

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.

• Rachael Sansom, 1498 White Pine Terrace – The applicant has addressed concerns though larger setbacks, sidewalks, and flashing pedestrian crossing. The density allows for more families in a smaller area.
• Marguerite Coady, 682 Charmar Cres - Appreciate the new sidewalks. Request neighbourhood parking designation rather than City Centre parking.
• Jessie Friest, 2849 Lake End Rd – Support this project. We need more housing, support building up not out.
• Amber Baker, 2670 Winster Rd – Support development. Pleased there will be sufficient parking, support the proposed light-controlled crossing.
• Dana Elizabeth, 2850 Aldwynd Rd – Support this application, we need more affordable housing options. Support EV charging and crosswalks.
• Kevin Jones, 472 Regency Pl – Support this, we need more affordable housing.
• Lane Britton, 3022 Shoreview Dr – Support this, this is an opportunity for affordable housing.
• Laurie Plomp, 3592 Whimfield Terr – Meeting ID number was incorrect on Friday, will Council consider postponing the hearing.

Marie Watmough, Acting Director of Corporate Services – The correct number was posted on Saturday and the notices were correct.

• Tony Zarskias, 3645 Tillicum Rd – Calling in to represent a Langford business. It’s important to build up, not out.
• Albert Internicola, 670 Marlisa Pl – It’s people who don’t live in the neighbourhood who support this. Neighbourhood can’t support 113 more vehicles. Do not support.
• Ron Bain, 719 Massie Dr – Do not support, roads are already at maximum capacity.

Mayor Young called a second time for presentations.

• Tom Miller, 661 Marlisa Pl – Do not support, the proposed development is too tall. Other people calling in don’t understand that the neighbourhood is already dense.
• Albert Internicola, 670 Marlisa Pl – Building will shadow neighbourhood, would support a smaller building.
• Jacqueline Gintaut, 1331 Ravensview Dr – A number of issues with this development that were brought up earlier have not been addressed. If approved, the parking designation should be Neighbourhood and not City Centre.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1856 closed at 6:02 p.m.

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4. ADOPTION OF COUNCIL MINUTES

MOVED BY: WADE
SECONDED: SEATON

That Council approve the minutes of the regular meeting of Council held September 20, 2021.
Motion CARRIED.

5. OTHER BOARD AND COMMISSION MINUTES

5.1 Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting held on June 17, 2021

MOVED BY: WADE
SECONDED: SEATON

That Council receive the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held on June 17, 2021.
Motion CARRIED.

6. COMMITTEE RESOLUTIONS

6.1 Planning, Zoning and Affordable Housing Committee - September 27, 2021

6.1.1 Minutes of the Planning, Zoning and Affordable Housing Committee Meeting - September 27, 2021

MOVED BY: BLACKWELL
SECONDED: WADE

That Council receive the minutes of the Planning, Zoning and Affordable Housing Committee held on September 29, 2021.
Motion CARRIED.

6.1.2 Application for Development Variance Permit to allow a setback variance at 2601 Savory Road

MOVED BY: BLACKWELL
SECONDED: WADE

That Council:

1. Direct staff to provide notice that Council will consider issuing a Development Variance Permit for 2601 Savory Rd. with the following variance:
   a) That Section 6.26.06(1)(c) of Zoning Bylaw No. 300 be varied to reduce the exterior lot line setback from the required 3.5 m to 1.6m for the proposed addition to the existing structure;
   Subject to the following terms and conditions:
   i) That the site is developed in accordance with the site plan attached to this report as Appendix A;
   ii) That the shed encroaching on City property be removed, prior to issuance of a Building Permit.

Motion CARRIED.

6.1.3 Application to Rezone 2633 to 2647 Sunderland Road, 808 to 820 Arncote, and 2630 to 2646 Peatt Road

MOVED BY: BLACKWELL
SECONDED: WADE

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 2633, 2637, 2641, and 2647 Sunderland Road, 808, 812, and 820 Arncote, and 2630, 2636, 2640, and 2646 Peatt Road from the R2 (One- and Two-Family Residential) zone to the CCP (City Centre Pedestrian) zone subject to the following terms and conditions: a) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: i. $750 towards the Affordable Housing Fund; and
   ii. $2,850 towards the General Amenity Reserve Fund
   subject to reductions depending on the use and height in accordance with the Affordable Housing and Amenity Contribution Policy. b) 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. c) That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering: i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed developments;
   ii. A revised ground floor plan be submitted that complies with City Centre Pedestrian zone, to the satisfaction of the Director of Planning;
   iii. A Traffic Impact Assessment from a qualified engineer be provided regarding the proposed development.
   iv. Civil drawings that illustrate the additional road improvements outlined in the Traffic Impact Study, including an outline of any additional land required to complete these works.
   v. That the applicant provide new drawings that show ground floor commercial uses and greenspace on-site. d) 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 11 properties associated with this rezoning be consolidated together prior to issuance of a Development Permit for Form and Character;
   ii. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit;
   iii. That no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;
   iv. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space, and that 1. Energized outlets shall be labelled for the use of electric vehicle charging;
   2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
   3. The owner/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment v. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit: 1. Frontage improvements on all three roads, and all recommended improvements from the Traffic Impact Assessment, which may include land acquisition at the applicant’s expense along Peatt Road;
   2. Formalize improvements to the pedestrian connection north of the site;
   3. A storm water management plan; and
   4. A construction parking management plan.

Motion CARRIED.

6.1.4 Application to Rezone 2739 to 2751 Scafe Road and 2746 Peatt Road from the One and Two-Family Residential (R2) Zone to the City Centre Pedestrian (CCP) Zone – Area 2 to Allow for Two Mixed-Use Buildings 18 and 24 Storeys in Height

MOVED BY: BLACKWELL
SECONDED: WADE

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 2739, 2743, 2747, 2749 and 2751 Scafe Road and 2746 Peatt Road from the R2 (One- and Two-Family Residential) zone to the CCP (City Centre Pedestrian) zone subject to the following terms and conditions: a) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: i. $750 towards the Affordable Housing Fund; and
   ii. $2,850 towards the General Amenity Reserve Fund.
   subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height. b) 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. c) That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering: i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed developments;
   ii. A Traffic Impact Assessment from a qualified engineer be provided regarding the proposed development.
   iii. That the applicant provide new drawings that show ground floor commercial uses and greenspace on-site. d) 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 six subject properties be consolidated together prior to issuance of a Development Permit for Form and Character;
   ii. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit;
   iii. That no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;
   iv. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space, and that 1. Energized outlets shall be labelled for the use of electric vehicle charging;
   2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
   3. The owner/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment v. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit: 1. Frontage improvements;
   2. A storm water management plan; and
   3. A construction parking management plan.

AND

2. Authorize the Director of Planning to issue the following variance in the Form and Character Development Permit for 2739, 2743, 2747, 2749 and 2751 Scafe Road and 2746 Peatt Road: a) That Table 1 of Section 4.01.01 be varied by reducing the number of onsite visitor parking stalls from the required 0.25 per unit to 0.215 per unit.

Motion CARRIED.

6.2 Protective Services Committee - September 28, 2021

6.2.1 Minutes of the Protective Services Committee Meeting – September 28, 2021

MOVED BY: SZPAK
SECONDED: SEATON

That Council receive the Minutes of the Protective Services Committee meeting held on September 28, 2021.
Motion CARRIED.

6.2.2 Dust Control Update

MOVED BY: SZPAK
SECONDED: SEATON

That Council receive the Dust Control Update.
Motion CARRIED.

6.2.3 2021-2022 West Shore RCMP Annual Performance Plan

MOVED BY: SZPAK
SECONDED: SEATON

That Council receive the 2021-2022 West Shore RCMP Annual Performance Plan.
Motion CARRIED.

6.2.4 Departmental Update

MOVED BY: SZPAK
SECONDED: SEATON

That Council receive the Departmental Update, and that the territorial acknowledgement as provided by Councillor Szpak be added as an addition to the update.
Motion CARRIED.

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7. PUBLIC PARTICIPATION

• Laurie Plomp, 3592 Whimfield Terr – Regarding dust emissions – support a bylaw rather than a complaint-based system. Regarding the Procedure Bylaw – concerns about the changes for submitting petitions to Council, appearing as delegations to Council.
• Jacqueline Gintaut, 1331 Ravensview Dr – There was a lot of community input at PZAH that Council can review. Echo concerns about the Procedure Bylaw.
• Ron Coutre, 847 Goldstream Ave – Regarding dust control, feel that the current system of working with the City is effective.
• Jasmina Mandez, 2634 Sunderland Rd – Regarding item 6.1.3., scale of density is extreme, feel there is lack of amenities for larger development. Need spaces to interact with neighbours and neighbourhood. Sightlines for turning when driving in the neighbourhood are already an issue.
• Mary Wagner, 104-2669 Deville Rd – Regarding 6.1.3 and 6.1.4 – need a shadow study, and should be available to the public prior to the public hearing. It needs to be easier to engage with the public, not harder.

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8. REPORTS

8.1 Disposition of 2911 West Shore Parkway (Planning)

MOVED BY: SAHLSTROM
SECONDED: WADE

That Council authorize the Mayor and Chief Administrative Officer to enter into the Purchase and Sale Agreement with Pavery Holdings Inc., attached for reference, for the sale of 2911 West Shore Parkway, Lot A, EPP111118, subject to minor amendments as may be necessary.
Motion CARRIED.

8.2 2021 Tax Sale (Administration)

MOVED BY: SAHLSTROM
SECONDED: SZPAK

That Council receive the 2021 Tax Sale Report.
Motion CARRIED.

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9. BYLAWS

9.1 BYLAW NO. 1761 (Background Report Attached)

MOVED BY: BLACKWELL
SECONDED: WADE

That Council adopt Bylaw No. 1761.
Motion CARRIED.

9.2 BYLAW NO. 1856

MOVED BY: BLACKWELL
SECONDED: WADE

That Council give Bylaw No. 1856 second and third readings, and add up to $300,000 from the General Amenity Reserve Fund for this development to add additional sidewalks, plus parking scallops.
Motion CARRIED.

9.3 BYLAW NO. 1971 (Background Report Attached)

MOVED BY: BLACKWELL
SECONDED: WADE

That Council rescind Bylaw No. 1971 first, second and third readings; and
That Council give Bylaw No. 1971 new first, second and third readings.
Motion CARRIED.

9.4 BYLAW NO. 1972 (Background Report Attached)

MOVED BY: WADE
SECONDED: BLACKWELL

That Council adopt Bylaw No. 1972.
Motion CARRIED.

9.5 BYLAW NO. 1998

MOVED BY: BLACKWELL
SECONDED: WADE

That Council give Bylaw No. 1998 second and third readings.
Motion CARRIED.

9.6 BYLAW NO. 2000

MOVED BY: BLACKWELL
SECONDED: WADE

That Council give Bylaw No. 2000 first reading.
Motion CARRIED.

9.7 BYLAW NO. 2006 (Background Report Attached)

MOVED BY: SZPAK
SECONDED: SAHLSTROM

That Council give Bylaw No. 2006 first, second and third readings.
Motion CARRIED.

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10. IN-CAMERA RESOLUTION

MOVED BY: SZPAK
SECONDED: BLACKWELL

THAT Council close the meeting to the public pursuant to section 90 (1) e of the Community Charter to consider:

• the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality.

Motion CARRIED.

11. ADJOURNMENT

Mayor Young adjourned the meeting at 6:45 pm.

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PRESIDING COUNCIL MEMBER

CERTIFIED CORRECT

Corporate Officer