Special Council Minutes — October 18, 2021 (Adoption of Council Minutes)

1. CALL TO ORDER

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

2. APPROVAL OF THE AGENDA

MOVED BY: SEATON
SECONDED: SAHLSTROM

That Council approve the agenda with the addition of Bylaw No. 2008 “Langford Zoning Bylaw, Amendment No. 641, (808, 812, 820 Arncote Avenue; 2630, 2636, 2640, 2646 Peatt Road; and 2633, 2637, 2641, 2647 Sunderland Road), Bylaw No. 2008, 2021" as item 10.11; and Bylaw No. 2009 “Langford Zoning Bylaw, Amendment No. 642, (2746 Peatt Road; and 2739, 2743, 2747, 2749, 2751 Scafe Road), Bylaw No. 2009, 2021" as item 10.12.

Motion CARRIED.

3. PRESENTATIONS

3.1 Attainable Housing Program

Council received the presentation on Attainable Housing.

4. PUBLIC HEARINGS

4.1 BYLAW NO. 1962

The Mayor opened the Public Hearing for Bylaw No. 1962 at 5:52 pm.

Director of Planning Matthew Baldwin advised that The City of Langford is proposing to amend Schedule E of Zoning Bylaw No. 300 such that 2911 West Shore Parkway would be located within the “Area 1 – Business Park” rather than “Area 4 – Amenity and Park” of the Comprehensive Development – Goldstream Meadows (CD1) Zone and to amend the permitted uses of “Area 1 – Business Park” to allow stand-alone cultural facilities, charitable facilities, and catering facilities.

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

Mayor Young called a second time for presentations.

• Mary Wagner, 104-2669 Deville Rd - Encourage Council to extend the greenspace rather than develop.

Mayor Young called a third and final time for speakers. There being none, he declared the Public Hearing for Bylaw No. 1962 closed at 5:54 p.m.

5. ADOPTION OF COUNCIL MINUTES

5.1 Special Council Minutes, October 4, 2021 at 3:30pm and 5:30pm

MOVED BY: SEATON
SECONDED: SAHLSTROM

That Council approve the minutes of the special meetings of Council held at 3:30pm and 5:30pm on October 4, 2021.

Motion CARRIED.

6. COMMITTEE RESOLUTIONS

6.1 Planning, Zoning and Affordable Housing Committee - October 12, 2021

6.1.1 Minutes of the Planning, Zoning and Affordable Housing Committee - October 12, 2021

MOVED BY: BLACKWELL
SECONDED: SZPAK

THAT Council receive the minutes of the Planning, Zoning and Affordable Housing Committee held on October 12, 2021.

Motion CARRIED.

6.1.2 Bylaw No. 1992 – Zoning Bylaw Amendment No. 632 – Enforceability and Definition Revisions (Planning)

MOVED BY: BLACKWELL
SECONDED: SAHLSTROM

That Council consider proceeding with First Reading to Bylaw No. 1992 as drafted.

Motion CARRIED.

6.1.3 Application for Development Variance Permit to reduce the rear lot line setback and to allow a permanent two-point turnaround at 967A and 967B Isabell Avenue to facilitate the construction of 5 single-family dwellings (Planning)

MOVED BY: BLACKWELL
SECONDED: SAHLSTROM

That Council:

1. Direct staff to proceed with consideration of this development permit with the following variances for 967A and 967B Isabell Ave:
   a. That Section 6.20.06(1)(b) of Zoning Bylaw No. 300 be varied to reduce the required rear lot line setback from 5.5m to 3.0m for proposed Lot A and to 2.39 m for proposed Lot B;
   b. That Schedule 4 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow for a permanent two-point turnaround in lieu of the required cul-de-sac.
   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.

Motion CARRIED.

6.1.4 Application to Rezone 3429, 3431, and 3433 Luxton Road and 3436 Hazelwood Road from the RR1, RR2, and RR5 Zones to the R2 and RT1 Zones to Allow for a Development of 11 Single-Family Dwellings and 60 Townhouse Units (Planning)

MOVED BY: BLACKWELL
SECONDED: SAHLSTROM

That Council:

1. Proceed with consideration of Bylaw No. 2004 to amend the zoning designation of the properties located at 3429, 3431, and 3433 Luxton Road and 3436 Hazelwood Road from the RR1 (Rural Residential 1), RR2 (Rural Residential 2), and RR5 (Rural Residential 5) Zones to the R2 (One- and Two-Family Residential) and RT1 (Residential Townhouse 1) zones subject to the following terms and conditions:
   a. That the applicant provides, as a bonus for increased density, the following contributions per townhouse unit, prior to issuance of a building permit:
   i. $610 towards the Affordable Housing Reserve Fund; and
   ii. $3,660 toward the General Amenity Reserve Fund.
   b. That the applicant provides, as a bonus for increased density, the following contributions per single-family lot, prior to subdivision approval:
   i. $1,000 towards the Affordable Housing Reserve Fund; and
   ii. $6,000 toward the General Amenity Reserve Fund.
   c. 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.
   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 the following be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit for the townhouse site and prior to subdivision approval for the single-family site:
   a. full frontage improvements;
   b. a storm water management plan; and
   c. a construction parking management plan.
   ii. That the 0.387 hectares (0.96 acres) of land immediately west of the single-family lots be dedicated as Park to the City at the time of subdivision of the single-family lots.
   iii. That a statutory right of way be registered on the townhouse site to allow the City access to the future Park to the satisfaction of the Parks Manager.
   iv. That an easement for a sewer force main be registered over the R2 side of the development, in favour of the townhouse site.
   v. That the townhouses abutting the rear property lines of 3413-3425 Luxton Road be limited in height to 2-storeys.
   vi. That a playground area, approximately 320m² (3,200 ft²) in size, be provided for along with appropriate play equipment, within the townhouse site.
   vii. That the full amount of contribution intended for the General Amenity Reserve Fund from the townhouse site, be secured prior to issuance of the first building permit and used to complete the sidewalk along the east side of Luxton Road, north of this site; and
   e. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that notifies future land owners of the potential nuisances that may arise from surrounding land uses, specifically those related to agricultural uses and that of the South Vancouver Island Rangers gun range; and
   f. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that notifies future land owners that any required off-street parking that is situated in a garage is to be used for the parking of vehicles and not storage of items that prevents the parking of vehicles.

Motion CARRIED.

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7. PUBLIC PARTICIPATION

• Wendy Hobbs, 3442 Luxton Rd - Re: Bylaw No. 2004 - This development will be very different than neighbouring agricultural properties. Suggest that developments be designed to better fit neighbourhood. Would like covenant limiting height of development. Suggest traffic calming measures. Hope there will be enforcement of dust and mud control during construction. Concerned about legality of covenant limiting complaints of neighbours, and about adequacy of fire protection.
• Jacqueline Gintaut, 1331 Ravensview Dr - Re: 1365 Goldstream- did not see related correspondence on the agenda. Concerned there has not been public engagement on the use of this land. Bylaws 2008 and 2009 - Request that Council not proceed with first reading, but conduct public engagement instead, especially regarding height of the development.
• Joel Holdaway, 101-827 Arncote Ave - Re: Bylaw No. 2008 - Concerned this was added to the agenda late, this is not in line with the democratic process.

Internet issues arose at 6:15 pm. The meeting resumed at 6:19 pm.

• Grace, 3417 Luxton Rd - Do not want playground behind home, concerned that now that the road has been built up, it won't be possible to install sidewalks.
  • M. Baldwin, Director of Planning and Subdivision - Clarified the playground will be in the centre of the development and not adjacent to existing homes.
  • M. Mahovlich, Director of Engineering and Public Works - Grade would be adjusted as needed, including necessary infrastructure for the sidewalk.
• Laurie Plomp, 3592 Whimfield Terr - Disappointed that there has not been further public engagement for disposition of the property at 1365 Goldstream Ave.
  • Mayor Young responded regarding 1365 Goldstream Ave.
• Mary Wagner, 104-2669 Deville Rd - Existing trails at 1365 Goldstream Ave should be retained. Re: Bylaw 2008 and 2009 - Would like to see public consultation re large scale developments and for larger developments to incorporate more greenspace.
• Mayor Young - More amenities are coming to the downtown core. Buildings are limited by only 2 stories of underground parking.
• Joel Holdaway, 101-827 Arncote Ave - Concerned regarding democratic processes for Bylaws 2008 and 2009. This development has raised many concerns, hope the public hearing will address them.
  • Mayor Young and M. Watmough, Acting Director of Corporate Services - Clarified public participation and public hearing processes.
• Wendy Hobbs, 3442 Luxton Rd - Appreciate firefighters and hope that Council will continue providing the necessary funding.
• Steve Webber, 3437 Luxton Rd - Re: Bylaw 2004, wondering what fencing will be provided for the townhouse development on Luxton.
  • M. Baldwin, Director of Planning and Subdivision - This development requires 6 foot solid fencing and 1m of landscaping.
• Ryan Beltcher, 1231 Goldstream Ave - 1365 Goldstream Ave petition did not receive sufficient consideration from Council. Support keeping this as parkland despite the history of the parcel.
• Jacqueline Gintaut, 1331 Ravensview Dr - Disappointed that 1365 Goldstream will not be made into greenspace. Concerned community opinions are not adequately considered.
• Wendy Hobbs, 3442 Luxton Rd - Wondering about what the affordable housing crisis is.
  • Mayor Young responded.

Councillor Blackwell left the meeting at 7:11 pm.

• Justin Green, 3371 Luxton Rd - Re Bylaw 2004 (Luxton development) - Concerned about parking and infrastructure in the area, especially with more development.

Councillor Blackwell returned to the meeting at 7:14 pm.

• M. Mahovlich, Director of Engineering and Public Works - May be able to assist with lighting and parking issues.

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8. NOTICES OF INTENT

8.1 DVP21-0010 - 2601 Savory Road

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Development Variance Permit No. DVP21-0010 be issued by the Council for the City of Langford to Katherine Mills to vary the exterior lot line setback to allow the construction of a double garage with suite above at 2601 Savory Road, subject to the following terms and conditions:

1. Appendix
   The site shall be developed in accordance with the site plan attached (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 6.26.06(1)(c) be varied to reduce the exterior lot line setback from the required 3.5m to 1.6m.
3. Conditions
   The following requirements are imposed under Section 498 of the Local Government Act:
   a) That the shed encroaching on City property be removed, prior to issuance of a Building Permit.

Motion CARRIED.

8.2 DVP21-0011 - 1028 Lomalinda Drive

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Development Variance Permit No. DVP21-0011 be issued by the Council for the City of Langford to David Smith of McElhanney Consulting Ltd. on behalf of Becky McLeod to reduce the following setback requirements to allow a stand-alone daycare with up to 76 children at (1028 Lomalinda Drive) subject to the following terms and conditions:

1. Appendix
   The site shall be developed in accordance with the site plan attached (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 3.26.02(6) be varied to reduce the setback between a group daycare and a one- or two-family residential lot from 15m to 2.03 m; and
   b) That Section 6.80A.08(2) be varied to reduce the interior side lot line setback of a building or structure from the required 6 m to 2.03 m.

Motion CARRIED.

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9. REPORTS

9.1 Disposition of 1365 Goldstream Ave (Administration)

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council authorize the Mayor and Chief Administrative Officer to enter into the Purchase and Sale Agreement with 1326349 B.C. Ltd, attached for reference, for the sale of 1365 Goldstream Avenue, Lot 2, Section 1, Goldstream District, Plan 12263 Except part in Plan EPP60296, subject to minor amendments as may be necessary.

Motion CARRIED.

9.2 Bylaw No. 1931 - Application to Rezone 1365 Goldstream Avenue to Area 5 of the CD1 (Goldstream Meadows) Zone (Planning)

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council:

1. Proceed with consideration of rescinding 1st, 2nd, and 3rd Reading of Bylaw No. 1931;
2. Proceed with consideration of revised Bylaw No. 1931, to amend the zoning designation of the property located at 1365 Goldstream Avenue from the AM (Amenity) Zone to Area 5 – Multi-Family of the CD1 (Goldstream Meadows) Zone, subject to the following terms and conditions:
   a) That the developer provides, prior to Public Hearing the following:
   i. A technical Stormwater Management Memo to the satisfaction of the Director of Engineering;
   b) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title that agrees:
   i. 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;
   ii. 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;
   iii. 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
3. Energized outlets shall be labelled for the use of electric vehicle charging;
   Subject: Bylaw 1931 –1365 Goldstream Avenue
4. 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
5. 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.
   iv. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit:
6. Frontage improvements;
7. A storm water management plan; and
8. A construction parking management plan.

Motion CARRIED.

9.3 Proposed Sale and Exchange of City Owned Lands at City Gate (Administration)

MOVED BY: SZPAK
SECONDED: SAHLSTROM

That Council:

1. Approve the exchange of the southern portion of Lot E for the portion of Lot D shown as “Proposed Lot 1“with the School District and authorize the Mayor and CAO to execute the necessary documents to complete the exchange; AND
2. Approve the Purchase and Sale agreement attached for Proposed Lot 1, substantially on the terms attached subject to such minor amendments as may be necessary and authorize Mayor and CAO to execute the Purchase and Sale Agreement and such other documents as may be necessary to finalize the sale; AND
3. Approve the Purchase and Sale agreement attached for Proposed Lot 7, substantially on the terms attached subject to such minor amendments as may be necessary and authorize Mayor and CAO to execute the Purchase and Sale Agreement and such other documents as may be necessary to finalize the sale.

Motion CARRIED.

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10. BYLAWS

10.1 BYLAW NO. 1931

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council rescind first, second and third readings of Bylaw No. 1931; AND
Give new first reading to Bylaw No. 1931.

Motion CARRIED.

10.2 BYLAW NO. 1962

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council give Bylaw No. 1962 second and third readings.

Motion CARRIED.

10.3 BYLAW NO. 1971

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council adopt Bylaw no. 1971.

Motion CARRIED.

10.4 BYLAW NO. 1979

MOVED BY: BLACKWELL
SECONDED: SEATON

That Council adopt Bylaw No. 1979.

Motion CARRIED.

10.5 BYLAW NO. 1981 (Background Report Attached)

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council adopt Bylaw No. 1981.

Motion CARRIED.

10.6 BYLAW NO. 1992

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council give Bylaw No. 1992 first reading.

Motion CARRIED.

10.7 BYLAW NO. 1995 (Background Report Attached)

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council adopt Bylaw No. 1995.

Motion CARRIED.

10.8 BYLAW NO. 2002

MOVED BY: SZPAK
SECONDED: SAHLSTROM

That Council adopt Bylaw No. 2002.

Motion CARRIED.

10.9 BYLAW NO. 2004

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council give Bylaw No. 2004 first reading.

Motion CARRIED.

10.10 BYLAW NO. 2006

MOVED BY: SAHLSTROM
SECONDED: SEATON

That Council adopt Bylaw No. 2006.

Motion CARRIED.

10.11 BYLAW NO. 2008

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council give Bylaw No. 2008 first reading.

Motion CARRIED.

10.12 BYLAW NO. 2009

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council give Bylaw No. 2009 first reading.

Motion CARRIED.

10.13 BYLAW NO. 1931

Bylaw No. 1931 was re-read for clarification.

MOVED BY: BLACKWELL
SECONDED: SZPAK

That Council rescind first, second and third readings of Bylaw No. 1931; AND
Give new first reading to Bylaw No. 1931.

Motion CARRIED.

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11. IN-CAMERA RESOLUTION

MOVED BY: SZPAK
SECONDED: BLACKWELL

THAT Council close the meeting to the public pursuant to section 90 (1) e and k 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; and
• Negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public.

Motion CARRIED.

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12. ADJOURNMENT

Mayor Young adjourned the meeting at 8:06 pm.

Presiding Council Member

Certified Correct - Corporate Officer