Minutes of the Council Meeting - June 19, 2023

1. TERRITORIAL ACKNOWLEDGEMENT

B. Hutchins, Director of Corporate Services, read the City of Langford's Territorial Acknowledgment.

2. CALL TO ORDER

Mayor Goodmanson called the meeting to order at 7:04 p.m.

3. APPROVAL OF THE AGENDA

MOVED BY: WAGNER
SECONDED: GUIRY

That Council approve the agenda for the meeting of Council with the following amendment:
That Item 11.8, Bylaw No. 2138, Amendment to the Council Procedure Bylaw, No. 2, 2023 be removed from the Council agenda;

And
That Council direct staff to conduct a comprehensive review of the Council Procedure Bylaws in other municipalities, in particular those that are in the Capital Regional District and/or are similarly sized, in relation to the proposed amendments;

And
That Council direct staff to also consider the following as part of the comprehensive review:

1. Alternative time allocation for public participation;
2. Adjournment timing;
3. The need for unanimous consent to extend public participation or a meeting adjournment time;

And
That Council direct staff to bring forward an updated report and Council Procedure Bylaw within approximately four weeks' time.

Motion CARRIED.

4. PRESENTATIONS

4.1 Greater Victoria Library Board - Maureen Sawa, CEO & Shahira Khair, Board Vice-Chair

THAT Council receive the presentation regarding an overview of the Greater Victoria Public Library's Regional Service Master plan and Strategic Bridging Plan as information.

5. PUBLIC PARTICIPATION

• G. Havthornwaite, Peatt Rd - re: Item 9.4 - Expressed concern that the Social Policy may encourage political dissent from elected officials. Expressed concern regarding a line from section 4.0 of the Policy. Expressed concern this would muzzle Council members. Requested the line be removed.
• A. Horn, Savory Rd - re: Item 12 - Expressed concern that the Community Charter reasons to close a meeting are very vague. Expressed more information regarding closing a meeting to the public.
• R.Louie, Bellamy Rd - re: Item 9.4 - Expressed support for Option 2 of the report.
• M. Morton, Phelps Ave - re: Item 11.7 - Expressed concern regarding the City being involved in removing trees from residents' property. Expressed opposition to the Bylaw.
• S.Plank, Goldstream Ave - re: Item 9.4 - Expressed concern regarding a line from section 4.0 of the Policy. Expressed concern this would muzzle Council members. Requested the line be removed.
• S. Rossander, Ravensview Dr. - re: Item 6.1 - Expressed concern regarding the minutes not being correct. Expressed concern regarding being contacted about previous concern regarding minutes.
• W. Bowers, Millstream Rd - re: Item 6.1 - Expressed concern regarding the minutes not capturing the details of presentations.
• L. Foxall, Players Dr - re: Item 3 - Expressed concern that the agenda was too full and the public cannot speak to all the items. Expressed concern regarding safety leaving City Chambers. re: Item 9.4 - Expressed concern that Council is breaking Council Code of Conduct line #4, #6 and #13 by being involved in a specific social media group.
• Nicholas Johal, Walfred Pl - re: Item 9.4 - Expressed concern regarding line item in the policy about being positive.
• R. Louie. Bellamy Rd - re: Item 11.7 - Expressed that the budget to be used on the tree protection bylaw would have been better utilized elsewhere.

6. ADOPTION OF COUNCIL MINUTES

6.1 Minutes of the Council Meeting - June 5, 2023

MOVED BY: HARDER
SECONDED: SZPAK

THAT Council approve the minutes of the meeting of Council held on June 5, 2023.

Motion CARRIED.

7. COMMITTEE RESOLUTIONS

7.1 Minutes of the Sustainable Development Advisory Committee - June 1, 2023

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council receive the minutes of the Sustainable Development Advisory Committee held on June 1, 2023.

Motion CARRIED.

7.1.1 971 Walfred Rezoning

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council:

1. Proceed with consideration of 1st reading of Bylaw No. 2099 to amend the zoning designation of the property located at 971 Walfred Road from the One- and Two-Family Residential (R2) Zone to the Residential Townhouse 1 (Rh) 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. $610 towards the Affordable Housing Reserve Fund; and ii. $3,660 towards the General Amenity Reserve Fund. b. That the applicate registers a road dedication plan, prior to Bylaw Adoption, to the satisfaction of the Director of Engineering; c. That the applicant, prior to Bylaw Adoption, registers a Section 219 covenant in priority of all other charges on title, that agrees to the following: i. That the onsite paver stones and arbour with a pedestrian gate be completed as per the attached landscape plan. ii. That the architectural design drawings provided as part of the Development Permit application include a variable roofline, to the satisfaction of the Director of Planning; iii. That the following are provided and implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering, prior to the issuance of a building permit: 1. Full frontage improvements; 2. A storm water management plan; and 3. A construction parking management plan. iv. That a separate covenant be registered, prior to issuance of a building permit, that states the garages are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein. v. That tree protection measures, inclusive of tree protection fencing, are implemented prior to commencement of work to protect the trees identified for retention in the arborist report throughout the construction period. vi. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type Ill Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN; vii. That the developer will address the following with respect to 3303 Lodmell Rd:1. Install drainage improvements including a pipe to improve drainage on their property, which may require an easement over the subject property;2. Remove the existing retaining wall;3. Install 6 ft fence along shared property line;4. Retain trees along the shared property line;5. Plant an additional 8 trees along shared property line.

Motion CARRIED.

7.1.2 798 Gwendolynn Rezoning

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of 798 Gwendolynn Drive from the RR2 (Rural Residential 2) Zone to the R2 (One- and Two-Family Residential) Zone subject to the following: 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. $610 towards the Affordable Housing Reserve Fund per townhouse unit; ii. $660 towards the Affordable Housing Reserve Fund per single family lot under 550 m2; iii. $3,660 towards the General Amenity Reserve Fund per townhouse unit; and iv. $3,960 towards the General Amenity Reserve Fund per single family lot under 550 m2 b. That prior to Bylaw Adoption, the applicant registers a Section 219 covenant in priority of all other charges on title that agrees to the following: i. 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 subdivision approval or the issuance of a building permit, whichever is first: 1. Full frontage improvements, inclusive of a sidewalk or minimum 3 m multi-use paved trail, boulevard, and streetlights along Gwendolynn and a multi-use gravel road edge trail behind a split rail fence along Klahanie; 2. A storm water management plan; 3. An erosion and sediment control plan; 4. A dust mitigation plan; 5. A construction parking and delivery management plan; ii. That the developer will connect and be responsible for any upgrades required to the services and utilities required for the development; iii. Acknowledge that the site is in proximity to agricultural uses the South Vancouver Island gun range, and that these uses may create general noise, odour, and other nuisances, and agree that the owner and all future owners assume all risk and annoyance of such nuisances; iv. That a total of 30% of the lot will be fenced and retained as a natural greenspace common property area protected by a non-disturbance covenant registered prior to subdivision approval or building permit issuance, whichever is first, to the satisfaction of the Director of Planning; v. That tree protection measures are implemented and excavation monitored to the satisfaction of the project arborist, as per their report dated April 25, 2023; vi. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type ill Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN; vii. That a separate covenant be registered prior to the issuance of a building permit agreeing that the garages and carports are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein.

And
2. Direct staff to amend Section 6.22.04 of the R2 zone to limit the number of townhouses permitted at 798 Gwendolynn Drive to 12 units.

Motion CARRIED.
Councillor Morley opposed.

7.1.3 2120 Millstream Text Amendment

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council:

1. Proceed with consideration of First Reading to Bylaw No. 2132 to a. Amend the text of the RS1 zone to allow for a maximum of 62 townhouses at 2120 Millstream Road, subject to the following conditions: i. That the applicant, prior to Bylaw Adoption, registers a Section 219 covenant in priority of all other charges on title that agrees to the following: 1. That a separate covenant be registered prior to the issuance of a building permit agreeing that the garages and carports are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein; and 2. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City of Langford that requires a minimum of 5 townhouse units be either rented out at 10% below market rent, or, be sold to a non-profit housing provider. The developer shall identify each unit on their plans submitted for their required Development Permit application. 3. That electric heat pumps are installed in the townhouse units. b. Amend the text of the RT1 zone to allow for an FAR of 0.56 at 2120 Millstream Road. c. Direct the Parks Department to access the possibility of a trail to connect to the neighbourhood in proximity.

Motion CARRIED.

MOVED BY: GUIRY
SECONDED: WAGNER

THAT Council direct staff to work with the applicant to achieve the 5% programmed greenspace.

And
THAT this application return to Council for review before any Public Hearing notifications.

Motion CARRIED.

7.1.4 2750 Leigh Rd, DVP22-0013

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council direct staff to provide notice that Council will consider issuing a Development Variance Permit to vary Schedule 4 of Subdivision and Development Servicing Bylaw No. 1000 to allow a permanent two-point turnaround in a statutory right-of-way, registered at the time of road dedication, in lieu of a cul-de-sac at 2750 Leigh Road.

Motion CARRIED.

7.1.5 2578 Wentwich Road, TUP12-0001

MOVED BY: SZPAK
SECONDED: WAGNER

That Council direct staff to provide notice that Council will consider issuing a Temporary Use Permit for a home-based catering business at 2578 Wentwich Road, subject to the following terms and conditions: a. That the Temporary Use Permit is issued for a period of three years from time of issuance; b. That the operator of a home occupation obtains a Business Licence from the City of Langford; c. That the operator of a home occupation complies with all licensing, health and other application regulations of British Columbia and the Capital Regional District; d. That the home occupation does not produce noise, vibration, smoke, dust, odour, litter, or heat, other than that normally associated with a dwelling; e. That the minimum on-site parking requirements of the Zoning Bylaw 300 are met; f. That home occupation does not cause an increase in demand for, or usage of, on-site parking or parking on the adjacent street beyond what would normally be associated with two visitors per hour to residential premises between the hours of 9:00am and 6:00pm, Monday to Friday, and one visitor per hour at other times; g. Except for one unilluminated sign not exceeding 0.2m2 (2.2 fti in area, no sign or other advertising matter may be exhibited or displayed on the premises or lot where a home occupation is conducted.

Motion CARRIED.

7.2 Minutes of the Sustainable Development Advisory Committee - June 12, 2023

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council receive the minutes of the Sustainable Development Advisory Committee meeting held on June 12, 2023.

Motion CARRIED.

7.2.1 2773 Strathmore TUP

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council direct staff to provide notice that Council will consider issuing a Temporary Use Permit to allow a group daycare for up to 28 children at 2773 Strathmore Road, which may also be operated as a standalone use without the proprietor of the daycare living on-site;

And
Waive the requirement for a form and character development permit, subject to the applicant altering the land as per the attached site plan;

And
Direct the applicant to make an application for rezoning within 36 months of issuance of this Temporary Use Permit, if they wish to continue this use beyond the three-year term.

Motion CARRIED.

7.2.2 Bylaw 2082 — Zoning Amendment No. 679, Omnibus 60

MOVED BY: SZPAK
SECONDED: YACUCHA

THAT Council rescind first reading of Bylaw 2082 and proceed with consideration of first reading of Bylaw 2082 as re-drafted.

Motion CARRIED.

7.2.3 Omnibus Amendments to Subdivision and Development Servicing Bylaw No. 1000, Bylaw No. 2103

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council consider giving first, second and third readings to Bylaw Number 2103 as attached to this report.

Motion CARRIED.

8. NOTICES OF INTENT

8.1 TUP23-0002 - 2990 Irwin Rd (Jordie Lunn Bike Park)

MOVED BY: SZPAK
SECONDED: HARDER

THAT Temporary Use Permit No. TUP23-0002 be issued by the Council for the City of Langford to allow office and retail uses at the Jordie Lunn Bike Park located at 2990 and 2992 Irwin Road, subject to the following terms and conditions:

1. Expiry
   That the Temporary Use Permit be issued for a period of three years and will expire on June 19th, 2026.

Motion CARRIED.

9. REPORTS

9.1 2022 Annual Report

MOVED BY: GUIRY
SECONDED: MORLEY

THAT Council receive the 2022 Annual Report.

Motion CARRIED.

9.2 Flight Cannabis Company - #101-977 Langford Parkway

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council renew TUP20-0002 to allow a non-medical cannabis retail store at 101-977 Langford Parkway for an additional term of three years.

Motion CARRIED.

9.3 2022 Statement of Financial Information (SOFI)

MOVED BY: WAGNER
SECONDED: YACUCHA

THAT Council approve the 2022 Statement of Financial Information.

Motion CARRIED.

9.4 Social Media Policy

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council adopt the Policy as presented.

Motion CARRIED.

10. NOTICE OF MOTION

10.1 Notice of Motion from June 5, 2023

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council direct staff to explore all legal options, including expropriation, to formalize and secure public access over those privately held lands know as 1270 Bear Mountain Parkway and legally described as LOT 1 SECTIONS 81, 82 AND 84 HIGHLAND DISTRICT PLAN VIP75509 EXCEPT PLANS V1P76365, VIP79028, VIP82848, V1P82851, VIP85324, EPP19660, EPP63084, EPP72419, EPP80460 AND EPP70640 within Langford by way of a statutory right of way over portions of the strata road known as Academy Way and the Bear Mountain Golf Course, the final location to be determined by the Director of Parks, Recreation and Facilities;

AND

THAT Council direct staff to work with the District of Highlands to determine if the District of Highlands would be willing to secure access over those portions of the adjacent lands to the north of 1270 Bear Mountain Parkway which fall within the District of Highlands, known as 1500 Hannington Road and legally described as Section 16, Highland Land District Except Plan VIP72555, by way of a statutory right of way to secure access through these lands to the lands to the west known as Goldstream Provincial Park, in a location satisfactory to the Province of British Columbia.

AND

Further that if the District of Highlands does not wish to secure access as set out above, that staff are directed to determine a route, to be secured by a statutory right of way, over those portions of 1270 Bear Mountain Parkway as may be necessary to connect directly to Goldstream Provincial Park, in a location satisfactory to the Province of British Columbia.

Motion CARRIED.

11. BYLAWS

11.1 BYLAW NO. 2082

"Langford Zoning Bylaw, Amendment No. 679, (Omnibus No. 60— Various Housekeeping Items), Bylaw No. 2082, 2023". (FIRST READING)

MOVED BY: SZPAK
SECONDED: YACUCHA

THAT Council give Bylaw No. 2082 first reading.

Motion CARRIED.

11.2 BYLAW NO. 2093 (Background report attached)

"Langford Zoning Bylaw, Amendment No. 688, (898 and 914 Klahanie Drive) Bylaw No. 2093, 2023" (ADOPTION)

MOVED BY: SZPAK
SECONDED: YACUCHA

That Council adopt Bylaw No. 2093.

Motion CARRIED.
Councillor Morley opposed.

11.3 BYLAW NO. 2099

"Langford Zoning Bylaw, Amendment No. 693, (971 Walfred Road) Bylaw No. 2099, 2023". (FIRST READING)

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council give Bylaw No. 2099 first reading.

Motion CARRIED.

11.4 BYLAW NO. 2103

"Subdivision and Development Servicing Bylaw, Amendment No. 24, Bylaw No. 2103, 2023". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: WAGNER
SECONDED: YACUCHA

THAT Council give Bylaw No. 2103 first, second and third readings.

Motion CARRIED.

11.5 BYLAW NO. 2126 (Background report attached)

"Langford Zoning Bylaw, Amendment No. 698, (Omnibus No. 61— Part 3: Unlicensed Vehicles and Institutional Fencing), Bylaw No. 2126, 2023". (ADOPTION)

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council adopt Bylaw No. 2126.

Motion CARRIED.

11.6 BYLAW NO. 2132

"Langford Zoning Bylaw, Amendment No. 699, (RS1 Text Amendment — 2120 Millstream Road), Bylaw No. 2132, 2023". (FIRST READING)

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council give Bylaw No. 2132 first reading, with consideration of the completion of the requested amendments to the application.

Motion CARRIED.

11.7 BYLAW NO. 2136 (Background report attached)

"Langford Tree Protection Bylaw, Bylaw No. 2136, 2023". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: WAGNER
SECONDED: YACUCHA

THAT Council give Bylaw No. 2136 first, second and third readings.

Motion CARRIED.

12. IN CAMERA RESOLUTION

THAT Council close the meeting to the public pursuant to section 90 (1) e, i, and m 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;
• the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
• a matter that, under another enactment, is such that the public may be excluded from the meeting.

MOVED BY: YACUCHA
SECONDED: MORLEY

THAT Council close the meeting to the public pursuant to section 90 (1) e, i, and m 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;
• the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
• a matter that, under another enactment, is such that the public may be excluded from the meeting.

The meeting went in camera at 9:22 p.m.

Motion CARRIED.

13. BACK TO OPEN SESSION

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council at 10:58 p.m. return to open session.

Motion CARRIED.

14. ADJOURNMENT

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council adjourn the meeting.

Mayor Goodmanson adjourned the meeting at 10:59 p.m.

Motion CARRIED.

Certified

Presiding Council Member
SCOTT GOODUASSON
MAYOR

Corporate Officer
Marie Watmough