BYLAW NO. 1969 (Background report attached)

BYLAW NO. 1984 (Background report attached)

Staff Report to Council

• DATE: Monday, January 10, 2022
• DEPARTMENT: Planning
• APPLICATION NO.: Z21-0004
• SUBJECT: Bylaw No. 1984 - Application to Rezone 3540 Myles Mansell Road from Comprehensive Development 13 – South Walfred (CD13) Zone to One- and Two-Family Residential (R2) Zone to allow for a four-lot subdivision with three strata lots and one fee simple lot.

At their Regular Meeting of June 21st, 2021, Council passed the following resolution with respect to the property at 3540 Myles Mansell Road:

That Council:

1. Proceed with consideration of Bylaw No. 1984 to amend the zoning designation of 3540 Myles Mansell Road from CD13 (Comprehensive Development – South Walfred) Zone to the R2 (One- and Two-Family Residential) Zone subject to the following conditions:

a. That the applicant provides, the following contributions per lot, prior to subdivision approval:
i. $660 towards the Affordable Housing Fund; and
ii. $3,960 towards the General Amenity Fund.

b. That prior to Public Hearing, the applicant provides a technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering; (COMPLETE)

c. That prior to Public Hearing, the applicant provides a replanting plan from a registered professional biologist to the satisfaction of the Director of Planning; (COMPLETE)

d. That the applicant provides prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees: (COMPLETE)
i. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to subdivision approval or the issuance of a building permit, whichever is first:
i. A storm water management plan; and
ii. A replanting plan

ii. That a Construction Parking and Traffic Management Plan be provided to the satisfaction of the Director of Engineering prior to any alteration of the land;

iii. That the applicant pay cash-in-lieu to the City in the amount of $1,100 for each required boulevard tree that cannot be accommodated.

COMMENTS

The applicant has registered a Sec. 219 covenant against the title of the subject property that agrees to items 1(d)(i-iii) in Council’s resolution of June 21st, 2021.

Bylaw No. 1984 was signed by the Minister of Transportation on July 21st, 2021.

A Public Hearing was held on July 19th, 2021.

OPTIONS:
Option 1

THAT Council:

Adopt Bylaw No. 1984

OR Option 2

THAT Council:

Take no action at this time with respect to Bylaw No. 1984

SUBMITTED BY: Matt Notley, Planner I

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Donna Petrie, Manager of Business Development and Events
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works
Michael Dillabaugh, CPA, CA, Director of Finance
Marie Watmough, Acting Director of Corporate Services
Darren Kiedyk, Chief Administrative Officer

CITY OF LANGFORD

BYLAW NO. 1984

A BYLAW TO AMEND BYLAW NO. 300, “LANGFORD ZONING BYLAW, 1999"

The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:

A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:

1. By deleting from the CD13 (Comprehensive Development 13 – South Walfred) Zone and adding to R2 (One- and Two-Family Residential) Zone the property legally described as LOT 40 SECTIONS 78 AND 84 ESQUIMALT DISTRICT PLAN EPP78313, PID No. 030-361-265 (3540 Myles Mansell Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By adding the following line to Table 1 of Schedule AD:

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 628, (3540 Myles Mansell Road), Bylaw No. 1984, 2021.

READ A FIRST TIME this 21st day of June, 2021.
PUBLIC HEARING held this 19th day of July, 2021.
READ A SECOND TIME this 19th day of July, 2021.
READ A THIRD TIME this 19th day of July, 2021.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 21st day of July, 2021.
ADOPTED this day of , 2021.

MAYOR
(Certified Correct)
CORPORATE OFFICER

Schedule A

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Records Management Bylaw No. 2003, 2022

City of Langford
BYLAW NO. 2003, 2022
A Bylaw to authorize the City of Langford Records Management system.

The Council of the City of Langford, in open meeting assembled, enacts as follows:

Citation

1. This Bylaw may be cited as “Records Management Bylaw No. 2003”.

Definitions

2. In this Bylaw:

• CITY means the City of Langford;
• DIRECTOR OF CORPORATE SERVICES means the Director of Corporate Services for the City, or the Chief Administrative Officer;
• MANAGER OF INFORMATION TECHNOLOGY means the Manager of Information Technology for the City of Langford, or the person designated by the Director of Finance to act on behalf of the City to manage and maintain its information technology (IT) systems;
• MANAGER OF LEGISLATIVE SERVICES means the Manager of Legislative Services for the City of Langford, or the person designated by the Director of Corporate Services to act on behalf of the City to manage and maintain the Records Management System;
• MANUAL means the City’s manual of records management policies and procedures;
• RECORDS may include books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; and
• RECORDS MANAGEMENT SYSTEM means the system used by the City to manage its records, from record creation to record disposal.

Records Management System Authorized

3. The Records Management System currently used by the City of Langford is authorized.

Application

4. All records in the custody and control of the employees of the City are the property of the City, and subject to the Records Management System and this Bylaw.

5. This Bylaw does not apply to records:
   a) Created or received by a member of Council, other than records created, received or used in their capacity as a member of Council;
   b) Of employees that are personal in nature, do not relate to the operations of the City, and are not required for City functions;
   c) Of community associations or other organizations affiliated with the City, where such records are not in the custody or control of the City.

Responsibilities

6. All City employees, management, service providers and volunteers of the City must comply with this Bylaw.

7. The Records Management System must comply with the Manual, applicable laws, and any provincial, national or international standards adopted for use and contained in the Manual.

8. The Manager of Legislative Services is responsible for the management and maintenance of the Records Management System; and is authorized to manage and maintain the Records Management System.

9. The Manager of Legislative Services is authorized to delegate Records Management System responsibilities as necessary to manage and maintain City records.

10. The Manager of Information Technology is responsible for the management and maintenance of IT systems and security as necessary to support the Records Management System.

Records Management Policies

11. The Manager of Legislative Services is authorized to create, maintain and amend a Manual of records management policies and procedures.

12. City records may only be created, accessed, maintained and disposed of as provided by the Manual.

13. The Manual must include a records classification and retention schedule.

14. The Manual may include provisions regarding:
    a) The creation, receipt, capture, and organization of records, including records not authorized for creation;
    b) Access to records;
    c) Disclosure of records;
    d) Management of records;
    e) Use of records;
    f) Retention of records;
    g) Security of records;
    h) Storage of records;
    i) Preservation of records;
    j) The creation and maintenance of a vital records program;
    k) Scanning and conversion of records between mediums;
    l) Disposal of records, including destruction;
    m) The designation and management of archival records; and
    n) Any other records management matter the Manager of Legislative Services deems appropriate.

15. The Records Management System must maintain the integrity and authenticity of records made or kept in the usual and ordinary course of business.

16. The Manager of Legislative Services is authorized to develop and maintain a scanning program to convert hard copy records into digital records, including the disposal of hard copy records that have been converted into legally admissible digital records.

17. Converting hard copy records into legally admissible digital records is part of the City’s usual and ordinary course of business.

Severability

18. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw is deemed valid.

Repeal

19. The “City of Langford Records Management Program Bylaw No. 1272, 2010” is hereby repealed.

READ A FIRST TIME THIS 6TH DAY OF DECEMBER, 2021
READ A SECOND TIME THIS 6TH DAY OF DECEMBER, 2021
READ A THIRD TIME THIS 6TH DAY OF DECEMBER, 2021.
ADOPTED THIS

DAY OF ,
2022.

Presiding Council Member

Corporate Officer