City of Langford - Council Minutes

Council Minutes

March 7, 2022, 5:30 PM
Council Chambers & Electronic Meeting

Present

• Mayor S. Young
• Councillor D. Blackwell
• Councillor M. Sahlstrom
• Councillor L. Seaton
• Councillor N. Stewart
• Councillor L. Szpak
• Councillor R. Wade

Attending

• D. Kiedyk, Chief Administrative Officer
• M. Watmough, Acting Director of Corporate Services
• M. Baldwin, Director of Planning and Subdivision
• M. Dillabaugh, Director of Finance
• M. Mahovlich, Director of Engineering and Public Works
• K. Dube, Manager of Information Technology
• Y. Nielsen, Manager of Parks, and Recreation
• Wayne Robinson, Manager of Building Services
• C. Lowe, IT Support Specialist

Due to COVID-19 Council Chambers is Open for Limited Attendance
The public may also attend via Teleconference

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1. TERRITORIAL ACKNOWLEDGEMENT

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2. CALL TO ORDER

Mayor Young called the meeting to order at 5:34 pm.

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3. APPROVAL OF THE AGENDA

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council approve the agenda as presented.

Motion CARRIED.

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4. PUBLIC HEARINGS

4.1 BYLAW NO. 1997

The Mayor opened the Public Hearing for Bylaw No.1997 at 5:35 pm.

Director of Planning Matthew Baldwin advised that Ryan Mogensen of Ecoasis Developments LLP has applied on behalf of BM Mountain Course Ltd, Bear Mountain 83 Lands Ltd. and, Bear Mountain 84 Lands Ltd. to amend the text of the Resort Community of Bear Mountain 2 (RCBM2) Zone and associated Schedule O2 map.

This is being proposed in order to reduce the interior side lot setbacks to 1.5 m and allow secondary suites in one-family dwellings within Area 3 of the RCBM2 Zone.

Additionally, the proposed Schedule O2 map within the Zoning Bylaw will be updated such that the boundaries of the different Areas of the Zone will coincide with current property lines.

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

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

Mayor Young called a first time for presentations.

Ryan Mogensen, Ecoasis - Available to answer any questions.

Mary Wagner, Unit 104-2669 Deville Rd - Curious about the area in regard to tree removal and blasting.

Matthew Baldwin, Director of Planning and Subdivision - The purpose of the bylaw is to relocate development areas within Bear Mountain, it is not to reduce or increase development.

Mayor Young called a second time for presentations.

Mayor Young called for a third and final time for presentations. There being none, he declared the Public Hearing for Bylaw No. 1997 closed at 5:38 p.m.

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5. PUBLIC PARTICIPATION

• Jaqueline Gintaut, 1332 Ravensview Dr - Re: Amendments to the Procedure Bylaw, concerned about limitations to speak at Public Hearings.

• Laurie Plomp, 3592 Whimfield Terrace - Re: Amendments to the Procedure Bylaw, opposed to limiting time for the public to speak during Public Hearings.

• Mary Wagner, 104-2669 Deville Road - Re: Bylaw No. 2037, the large arbutus tree on this site should be protected. Re: Amendments to the Procedure Bylaw, concerned about limitations to speak at Public Hearings, there should be more opportunities for public engagement. All speakers should be allowed to speak at least once.

• Marguerite Cody, 682 Charman Cres - Opposed to Procedure Bylaw amendments reducing public participation, 30 minutes is not enough time.

• Wendy Hobbs, 3442 Luxton Rd - Opposed to Procedure Bylaw amendments reducing public participation. Residents are being stifled. Why do you not want people who have voted for you to be able to speak to help make this community better.

• Resident, 2313 Echo Valley Dr - Opposed to Procedure Bylaw amendments reducing public participation. You're telling residents you don't want to hear from us. There is too much on the agenda.

• Kara Middleton, [redacted] - Opposed to Procedure Bylaw amendments reducing public participation. 5:30pm meeting starts are too early for the working people. There is a lack of social media, all about marketing and not hearing from residents.

• Lorie Plomp, 3592 Whimfield Terr - Re: Amendments to Procedure Bylaw, how many people are connecting by phone/zoom to council meetings? You should announce how many people will not be given a chance to speak after each public hearing.

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6. ADOPTION OF COUNCIL MINUTES

6.1 Regular Council Meeting - February 22, 2022

MOVED BY: SAHLSTROM
SECONDED: WADE

That Council approve the minutes of the regular meeting of Council held February 22, 2022.

Motion CARRIED.

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7. COMMITTEE RESOLUTIONS

7.1 Planning, Zoning and Affordable Housing Committee Meeting - February 28, 2022

7.1.1 Minutes of the Planning, Zoning and Affordable Housing Committee Meeting - February 28, 2022.

MOVED BY: BLACKWELL
SECONDED: WADE

That the Committee receive the minutes of the Planning, Zoning and Affordable Housing Committee meeting held on February 28, 2022.

Motion CARRIED.

7.1.2 Application to Rezone 904 to 914 Dunford Avenue 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

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

1. Proceed with consideration of 1st reading of Bylaw No. 2037 to amend the zoning designation of the properties located at 904, 908, 910, 912, and 914 Dunford Avenue from the One- and Two-Family Residential (R2) zone to the City Centre Pedestrian (CCP) 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.

(Continued on next page:)

subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height and subject to refunds for units sold through the Attainable Home Ownership Program.

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.

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 five properties and closed road (if approved) 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 as much of the parkade rooftop as possible is designed and constructed as outdoor amenity space for the residents of the development; v. 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.

vi. That a separate covenant containing a Housing Agreement be registered and authorized by a Housing Agreement Bylaw prior to issuance of a building permit and agreeing that approximately 10% of the multi-family units will be sold through the City’s Attainable Home Ownership Program in accordance with the terms specified in Policy No. POL-0166-PLAN;

vii. 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

OPPOSED: Councillor Szpak

Motion CARRIED.

7.1.3 Addendum Report - Application to rezone 2772 Vantilburg Crescent from One- and Two-Family Residential (R2) Zone to City Centre 2 (CC2) Zone to allow for the development of 20 townhomes.

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

1. Proceed with consideration of Bylaw No. 2012 to amend the zoning designation of the property at 2772 Vantilburg Crescent from the One- and Two-Family Residential (R2) to City Centre 2 (CC2) subject to the following conditions:

a. That the applicant provides, as a bonus for increased density, the following contributions per unit, prior to issuance of building permit: i. $3,800 towards the General Amenity Fund; and ii. $1,000 towards the Affordable Housing Fund.

b. That prior to Public Hearing, the applicant provides a technical memo from an engineer that verifies stormwater can be adequately managed on-site for the proposed developments, 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: i. That there shall be no disturbance of the site until the applicant provides a bird nest survey and a tree retention plan prepared by a Registered Professional Biologist, to the satisfaction of the Director of Planning and Subdivision.

ii. That the following will 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: i. Full frontage improvements; ii. A storm water management plan; and iii. A Construction Parking and Traffic Management Plan.

OPPOSED: Councillor Szpak

Motion CARRIED.

7.1.4 Application to Rezone 350 Lone Oak Place from One- and Two-Family Residential (R2) zone to Medium-Density Apartment A (RM7A) to allow an apartment building containing approximately 75 units.

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

Take no action at this time with respect to Bylaw No. 2035, until such time as a traffic study and revised site plan are submitted.

Motion CARRIED.

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8. NOTICES OF INTENT

8.1 DVP21-0013 - 719 Station Ave

MOVED BY: BLACKWELL
SECONDED: WADE

That Development Variance Permit No. DVP21-0013 be issued by the Council for the City of Langford to Keith Alexander on behalf of Marlen Gjoka to vary the rear yard setback to allow the construction of an addition at 719 Station Avenue, 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 be varied under Section 498 of the Local Government Act: a) That Section 6.45.07(3) be varied by reducing the rear yard setback from the required 6 m to 1.2m

Motion CARRIED.

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9. REPORTS

9.1 Amendments to Procedures Bylaw

THAT Council receive this report for information.

9.2 Encroachment Agreement – Concrete Retaining Wall at 917 Avrill Road

MOVED BY: SZPAK
SECONDED: SAHLSTROM

THAT Council:

Direct staff to enter into an Encroachment Agreement with CCPR Park Residence GP Ltd., for the ownership, maintenance and liability for the concrete retaining wall located on Avrill Road, to CCPR Park Residence GP Ltd and do NOT take any financial bond related to this encroachment.

Motion CARRIED.

9.3 Expropriation of portion of 721 Treanor Ave

MOVED BY: WADE
SECONDED: STEWART

The council of the City of Langford resolves that:

1. In its capacity as “approving authority” under the Expropriation Act (British Columbia), that the expropriation commenced by the expropriation notice dated February 23, 2022 and filed in the Victoria Land Title Office under number CA9760898 is approved pursuant to section 18 of the Expropriation Act.

2. The Corporate Officer is authorized and directed to:

a. sign and seal the Certificate of Approval in the form prescribed under the Expropriation Act General Regulation;

b. notify or cause to be notified the expropriating authority and each owner (as defined in the Expropriation Act) of the Council’s approval of the expropriation as approving authority;

c. make the advance payments as required under section 20(1)(d) of the Expropriation Act and serve the Notices of Advance Payment in the form prescribed under the Expropriation Act General Regulation with a copy of all appraisal and other reports on which each advance payment is based;

d. file or cause to be filed in the Land Title Office the Vesting Notice under section 23 of the Expropriation Act in the form prescribed under the Expropriation Act General Regulation and then serve a copy of the Vesting Notice on each owner (as defined in the Expropriation Act); and

e. sign and seal the Notices of Advance Payment and the Vesting Notice.

Motion CARRIED.

9.4 Emergency Operations Centre Grant

MOVED BY: WADE
SECONDED: STEWART

THAT Council

1. Supports the grant application for $20,500 from the Community Emergency Preparedness Fund – Emergency Operations Centre Stream and authorize the Mayor and Corporate Officer to execute any agreements related to a successful grant application.

Motion CARRIED.

9.5 The Mom Market Collective Inc. – Summer Night Market at Veterans Memorial Park

MOVED BY: WADE
SECONDED: SEATON

THAT Council approve the Mom Market Collective Inc. market agreement for 2022 as attached, including the fee of $200.00 per market day.

Motion CARRIED.

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10. BYLAWS

10.1 BYLAW NO. 1997

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council give Bylaw No. 1997 second and third readings.

Motion CARRIED.

10.2 BYLAW NO. 2012

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council give Bylaw No. 2012 first reading.

OPPOSED: Councillor Szpak

Motion CARRIED.

10.3 BYLAW NO. 2037

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council give Bylaw No. 2037 first reading.

Motion CARRIED.

10.4 BYLAW NO. 2051

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council give Bylaw No. 2051 first, second and third readings.

Motion CARRIED.

10.5 BYLAW NO. 2014 (Background Report Attached)

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council adopt Bylaw No. 2014

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 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.

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12. ADJOURNMENT

MOVED BY: SAHLSTROM
SECONDED: BLACKWELL

Mayor Young adjourned the meeting at 6:58 pm.

Motion CARRIED.