Adoption of Council Minutes — Minutes of the Regular Meeting of Council (May 16, 2022)

1. TERRITORIAL ACKNOWLEDGEMENT

2. CALL TO ORDER

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

3. APPROVAL OF THE AGENDA

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council approve the agenda as presented.
Motion CARRIED.

4. PUBLIC HEARINGS

4.1 BYLAW NO. 2063

The Mayor opened the Public Hearing for Bylaw No. 2063 at 5:33pm.

Director of Planning Matthew Baldwin advised that Rachael Sansom of Grayland Consulting Ltd. has applied on behalf of Sheldrake Construction Ltd and Phyllis & Donald Griffiths to amend the zoning of 2869, 2875, 2885 Leigh Road and 1080 Dunford Avenue from the R2 (One- and Two-Family Residential) Zone to the CC1 (City Centre) Zone. This is being proposed in order to allow for the development of a six-storey mixed-use building containing approximately 78 residential units and 870 m2 of commercial space.

In support of this application, the applicant has agreed to provide the following:

1. The following contributions as a bonus for increased density:

   • $750 per SFE towards the Affordable Housing Reserve Fund;
   • $2,850 per SFE towards the General Amenity Reserve Fund; and
   • $10.75 per m2 of commercial gross floor area.

2. That frontage improvements, a stormwater management plan, as well as a construction parking and traffic management plan are provided to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit;

3. That the developer will connect and be responsible for any upgrades required to the services and utilities required for the development;

4. That the developer will install tree protection fencing around City boulevard trees to the satisfaction of the Parks Manager, prior to any land alteration;

5. That the building be strata titled into individual residential units prior to the issuance of an occupancy permit, to the satisfaction of the Approving Officer;

6. That the developer consolidate the parcels in accordance with the CC1 zone regulations, prior to the issuance of a development permit;

7. 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; and

8. 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

   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 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.

9. That a separate covenant be registered that informs individuals about the potential noise and nuisance that may be generated by neighbouring business park uses.

Council has also, by resolution, requested that the applicant discuss the opportunity to incorporate units for the Attainable Home Ownership Program with staff prior to Public Hearing.

Since Council finalized their policy amendment for the Attainable Home Ownership Program making participating in the Program mandatory for new applications after this resolution was made, they may wish to exempt the applicant from being required to participate. The applicant may voluntarily opt into participating in the program at the time of development permit. Should Council wish to make participating in the Program mandatory for this project, they may wish to pass a resolution to that effect during consideration of 2nd and 3rd readings of Bylaw No. 2063.

This proposal is consistent with the Official Community Plan City Centre designation. Notifications and advertisements have been placed as required by the Local Government Act.

Mayor Young called a first time for presentations.

• Rachael Sansom, Grayland Consulting Ltd., gave a presentation on the proposed development, noting the location plan, project components, and project design.

Mayor Young called a second time for presentations.

Mayor Young called for a third and final time for presentations.

Public speakers:

• M. Wagner, #104-2669 Deville Rd — expressed support for the proportion of public amenity but expressed concerns about potential impacts to trees.
• K. Clark, 2878 Leigh Rd — posed questions about potential impacts to traffic.
• E. Holler, 2898 Maurice Ln — expressed concerns about potential impacts to parking spaces.
• Mike, 953 Glen Willow Pl — expressed support for the proposal.
• C. Boyd, 967 Whirlaway Pl — expressed support for the proposal.
• S. Boivin, 2890 Leigh Rd — expressed concerns about potential impacts to trees, traffic, and the lack of proposed 3-bedroom units.

Mayor Young declared the Public Hearing for Bylaw No. 2063 closed at 5:52 pm.

4.2 BYLAW NO. 2031

The Mayor opened the Public Hearing for Bylaw No. 2031 at 5:52pm.

Director of Planning Matthew Baldwin advised that Bylaw 2031 proposes to amend Official Community Plan Bylaw 1200 by updating Objectives 2.4 -2.7 with respect to climate action targets and adding a new Section 13.20 with respect to sand and gravel deposits.

This is proposed in order to provide more up to date GHG reduction targets and to align these targets with the establishment of a new Development Permit Area for Climate Action, which is currently being prepared by staff following a public information session and online survey. This new Development Permit Area is expected to proceed to Council in July.

As part of this application, a public hearing is required in accordance with the regulations of the Local Government Act. Notifications and advertisements have been placed as required by Council policy.

Mayor Young called a first time for presentations.
Mayor Young called a second time for presentations.
Mayor Young called for a third and final time for presentations.

Public speakers:

• W. Hobbs, 3443 Luxton Rd — posed questions about gravel deposits and urban sprawls.
• M. Wagner, #104-2669 Deville Rd — expressed concerns about urban sprawls.

Mayor Young declared the Public Hearing for Bylaw No. 2031 closed at 6:01pm.

4.3 BYLAW NO. 2045

The Mayor opened the Public Hearing for Bylaw No. 2045 at 6:01pm.

Director of Planning Matthew Baldwin advised that Rachael Sansom of Grayland Consulting Ltd. has applied on behalf of 1080581 BC Ltd. to amend the zoning of 2615 Sooke Road from the R2 (One- and Two-Family Residential) Zone to the C9 (Community Town Centre Pedestrian 9) Zone. This is being proposed in order to allow for the development of a mixed-use building containing approximately 115 residential units and two ground level commercial units that face Sooke Road.

In support of this application, the applicant has agreed to provide the following:

1. The following contributions as a bonus for increased density:

   • $2,074 per SFE towards the General Amenity Reserve Fund; and
   • $610 per SFE towards the Affordable Housing Reserve Fund

2. That frontage improvements, a stormwater management plan, as well as a construction parking and traffic management plan are provided to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit;

3. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building 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;

4. That no occupancy permit be issued for the proposed building unless a strata plan for the building has been registered, to the satisfaction of the Approving Officer;

5. 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:

   • Energized outlets shall be labelled for the use of electric vehicle charging;
   • Where an electric vehicle 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;
   • 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.

6. That a road dedication plan is registered to the satisfaction of the Director of Engineering and the Ministry of Transportation and Infrastructure

Council also has, by resolution, authorized the Director of Planning to issue a variance within the Form and Character Development Permit to allow the applicant to utilize the City Centre parking ratio for the project.

This proposal is consistent with the Official Community Plan Neighbourhood Centre designation. Notifications and advertisements have been placed as required by the Local Government Act.

Mayor Young called a first time for presentations.

• Rachael Sansom, Grayland Consulting Ltd., gave a presentation on the proposed project, providing information on the site location, neighbourhood consultation process, and project components.

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. 2045 closed at 6:08pm.

5. PUBLIC PARTICIPATION

• Geoff Pearce, 15 Bradene Rd, Metchosin — provided an overview of a proposal for overhead cable car gondola transit between Colwood and Esquimalt and answered questions on the proposal. It was suggested that City staff contact nearby municipalities to gauge their interests in the proposal.
• B. Belcher, 1231 Goldstream Ave, re: item 12.3 — expressed concerns about potential increase to blasting activities and impacts to the environment.
• M. Wagner, #104-2669 Deville Rd, re: item 10.1 — expressed concerns about potential impacts to trees. Re: item 11.1 — expressed support for the proposed committee.
• B. Belcher, 1231 Goldstream Ave — reiterated the potential impacts to the environment.

6. ADOPTION OF COUNCIL MINUTES

6.1 Regular Council Meeting - May 2, 2022

MOVED BY: WADE
SECONDED: BLACKWELL

THAT Council approve the minutes of the regular meeting of Council held on May 2, 2022.
Motion CARRIED.

7. COMMITTEE RESOLUTIONS

7.1 Planning, Zoning and Affordable Housing Committee Meeting - May 9, 2022

7.1.1 Minutes of the Planning, Zoning and Affordable Housing meeting held on May 9, 2022

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council receive the minutes of the Planning, Zoning and Affordable Housing Committee meeting held on May 9, 2022.
Motion CARRIED.

7.1.2 Application to Amend the MUE1 Zone By Adjusting the Boundary Between Areas A and B, Allowing Non-Residential Gross Floor Area Within Area B to Exceed 9,290 m2, and to Introduce a New Parking Ratio for Light Industrial Uses Within Area A at 2750 Leigh Road

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

1. Consider proceeding with Bylaw No. 2028 as drafted to amend Zoning Bylaw No. 300 with respect to the MUE1 Zone;
2. Revisit parking ratio.
   Motion CARRIED.

7.1.3 Application to Rezone 1551 and 1559 Sawyer Road from the Rural Residential 4 (RR4) Zone to Residential Small Lot 1 (RS1) Zone to Allow for a Development of Small Lots and Townhouses

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

1. Proceed with consideration of 1st reading of Bylaw No. 2059 to amend the zoning designation of the property located at 1551 and 1559 Sawyer Road from the ‘Rural Residential 4 (RR4)’ Zone to the ‘Residential Small Lot 1 (RS1)’ 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. $1000 towards the Affordable Housing Fund; and ii. $6,000 towards the General Amenity Reserve Fund.

   subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy based on a 400m² lot single-family equivalency. b. 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 development; and ii. A Traffic Impact Assessment, 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 to the following: i. That a minimum of 30% of the lands are dedicated to the City as Park prior to subdivision or issuance of a building permit, whichever occurs first; ii. That a continuous fire resistant/non-combustible fence be provided along the southern and western sides of the existing property prior to subdivision or issuance of a building permit, whichever occurs first; iii. That a 3.0m wide non-disturbance area along the southern and western sides of the existing site be protected through a separate covenant on title, prior to subdivision or issuance of a building permit, whichever occurs first; iv. That the applicant retain a 10m wide treed buffer along the eastern boundary line along Humpback Road, and that a pedestrian trail be provided within this buffer, to the satisfaction of the Director of Engineering; v. That no development permit be issued for this development until the site have been serviced with municipal sewer; vi. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to subdivision or issuance of a building permit, whichever occurs first: 1. Full frontage improvements and any recommendations stemming from the Traffic Impact Assessment; 2. A storm water management plan; and 3. A construction parking management plan

Motion CARRIED.

7.1.4 Application for a Text Amendment to the Business Park 1A – Millstream Road East (BP1A) Zone to Allow for a Mini-Storage Facility at 664 Redington Avenue

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council:

1. Proceed with consideration of Bylaw No. 2068 to amend the text of the BP1A (Business Park 1A – Millstream Road East) Zone subject to the following terms and conditions: a. That the applicant provides, prior to Public Hearing, the following: i. A Traffic Impact Assessment based on the total proposed gross floor area of 15,750m² (169,532 ft²), 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 to the following: i. That all recommended road improvements within the required Traffic Impact Assessment for this development are completed prior to issuance of a building permit or subdivision approval, whichever occurs first. ii. That a reciprocal access easement between 658 and 664 Redington Avenue, which the City would be party to, is registered prior to issuance of a building permit or subdivision approval, whichever occurs first.

Motion CARRIED.

Amendment:
MOVED BY: SZPAK
SECONDED: BLACKWELL

THAT the preceding motion be amended by adding 2. That the City will install a sidewalk at the southwest corner of McCullum and Redington, pending an Encroachment Agreement with Petro-Canada.

Motion CARRIED.

8. NOTICES OF INTENT

8.1 DVP21-0016 - 621 and 629 Rockingham Road

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Development Variance Permit No. DVP21-0016 be issued by Council for the City of Langford to Dave Smith on behalf of BC1075549 to reduce the rear lot line setback requirement for the existing duplex at 621 and 629 Rockingham 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 be varied pursuant to section 498 of the Local Government Act: a) That section 6.31A.06(3) be varied to reduce the rear lot line setback from the required 7.5 m to 0.9 m for the existing duplex structure only.

Motion CARRIED.

8.2 TUP22-0001 - 2874 Peatt Road

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Temporary Use Permit No. TUP22-0001 be issued by the Council for the City of Langford to Gary Brown of Paradise Homes to operate a commercial office space at 2874 Peatt Road, subject to the following terms and conditions:

1. Conditions
   The following requirements are imposed under Section 922 of the Local Government Act: a) That the temporary use permit be issued for a period of three years from time of issuance; b) That there are no clients on site; and c) That a business license and building permit be obtained from the City of Langford.

Motion CARRIED.

9. CORRESPONDENCE

9.1 Proposed Overhead Cable Car Gondola Transit connector over Esquimalt Harbour

MOVED BY: SZPAK
SECONDED: BLACKWELL

1. THAT Council confirm its interest in participating in a joint feasibility study with other local and federal departments for a new overhead transit cable car gondola from Colwood to Esquimalt over Esquimalt Harbour;
2. AND THAT Council budget $20,000 for its share of this study in 2022;
3. AND THAT staff consult Colwood and Esquimalt on the proposal.

Motion CARRIED.

10. REPORTS

10.1 Addendum Report – Application to amend the MUE1 zone by adjusting the boundary between Areas A and B, allowing non-residential gross floor area within Area B to exceed 9,290 m2, and to introduce a new parking ratio for light industrial uses within Area A

MOVED BY: BLACKWELL
SECONDED: WADE

THAT Council proceed with First Reading of Bylaw No. 2028 as amended, which includes the altered parking ratio of 1 per 100 m2 of gfa of light industrial uses in Area A of the MUE1 Zone and direct staff to review the actual parking demand after Phase 1 is complete.

Motion CARRIED.

10.2 Road Closure Bylaw 2074 - 639 & 641 Strandlund

MOVED BY: WADE
SECONDED: STEWART

THAT Council: Consider 1st, 2nd, and 3rd readings to Road Closure Bylaw No. 2074 (Strandlund Avenue), 2022; and

1. Authorize Mayor and CAO to enter into the Purchase and Sale Agreement;

Motion CARRIED.

10.3 Road Closure and Disposition – 3260 Jacklin & 2621 Sooke Roads

MOVED BY: WADE
SECONDED: SEATON

THAT Council consider adopting Road Closure Bylaw No. 2075 (Jacklin Road), 2022;

Motion CARRIED.

10.4 Noise Regulation Permit Policy

MOVED BY: SAHLSTROM
SECONDED: SEATON

THAT Council approve the attached policy

Motion CARRIED.

11. NOTICE OF MOTION

11.1 Langford Environmental Protection Advisory Committee

MOVED BY: SZPAK
SECONDED: BLACKWELL

THAT Council create a Langford Environmental Protection Advisory Committee;
AND THAT this committee enact annual recognition to individuals, volunteer organizations, youth groups, and businesses for biodiversity conservation, contribution toward sustainability, and environmental protection, such as tree planting, tree protection and retention, removal of invasive species and weeds and other areas that staff, council, and the community deem appropriate within an environmental protection framework.

Motion DEFEATED.
(Voting against: Councillors Sahlstrom, Seaton, Stewart, Wade, and Mayor Young)

Amendment:
MOVED BY: BLACKWELL
SECONDED: SZPAK

THAT the preceding motion be postponed until staff bring forward a report on the proposal for a Langford Environmental Protection Advisory Committee.

Motion DEFEATED.
(Voting against: Councillors Sahlstrom, Seaton, Stewart, Wade, and Mayor Young)

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council direct staff to review the Parks, Recreation, Culture and Beautification Committee Terms of Reference to include environment protection within the Committee's scope of work and report back to Council in September 2022, with the goal of bringing the Terms of Reference into effect during the next Council's term.

Motion CARRIED.

12. BYLAWS

12.1 BYLAW NO. 1999 (Background Report Attached)

MOVED BY: SAHLSTROM
SECONDED: STEWART

THAT Council adopt Bylaw No. 1999.
Motion CARRIED.

12.2 BYLAW NO. 2017 (Background Report Attached)

MOVED BY: WADE
SECONDED: STEWART

THAT Council adopt Bylaw No. 2017.
Motion CARRIED.

12.3 BYLAW NO. 2028

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2028 first reading.
Motion CARRIED.

12.4 BYLAW NO. 2031

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2031 second and third readings.
Motion CARRIED.

12.5 BYLAW NO. 2045

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2045 second and third readings.
Motion CARRIED.

12.6 BYLAW NO. 2049

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2049 first second and third readings.
Motion CARRIED.

12.7 BYLAW NO. 2056

MOVED BY: SAHLSTROM
SECONDED: WADE

THAT Council adopt Bylaw No. 2056.
Motion CARRIED.

12.8 BYLAW NO. 2057

MOVED BY: WADE
SECONDED: SAHLSTROM

THAT Council adopt Bylaw No. 2057.
Motion CARRIED.

12.9 BYLAW NO. 2059

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2059 first reading.
Motion CARRIED.

12.10 BYLAW NO. 2063

MOVED BY: WADE
SECONDED: STEWART

THAT Council give Bylaw No. 2063 second and third readings.
Motion CARRIED.

12.11 BYLAW NO. 2074

MOVED BY: WADE
SECONDED: BLACKWELL

THAT Council give Bylaw No. 2074 first, second and third readings.
Motion CARRIED.

12.12 BYLAW NO. 2075

MOVED BY: WADE
SECONDED: STEWART

THAT Council adopt Bylaw No. 2075.
Motion CARRIED.

13. IN CAMERA RESOLUTION

MOVED BY: SZPAK
SECONDED: STEWART

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

• labour relations or other employee relations.

Motion CARRIED.

The meeting went in-camera at 7:14pm.

14. ADJOURNMENT

Mayor Young adjourned the meeting at 7:39 pm.

Presiding Council Member

Certified Correct - Corporate Officer