Council Minutes - October 10, 2023

1. CALL TO ORDER

Acting Mayor Wagner called the meeting to order at 7:01 p.m.

2. TERRITORIAL ACKNOWLEDGEMENT

Acting Mayor Wagner read the City of Langford's Territorial Acknowledgment.

3. MEETING CONDUCT RULES

M. Watmough, Deputy Director of Corporate Services, read the City of Langford's meeting conduct rules.

4. APPROVAL OF THE AGENDA

MOVED BY: GUIRY
SECONDED: YACUCHA

THAT Council approve the agenda as presented.

Motion CARRIED.

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5. PRESENTATIONS

5.1 BC Transit Rapid Bus Project - Chelsea Mossey, Senior Manager, Government Relations & James Wadsworth, Project Development Manager

Chelsea Mossey, Senior Manager, Government Relations & James Wadsworth, Project Development Manager from BC Transit presented an information package regarding the BC transit rapid bus project.

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6. PUBLIC HEARINGS

6.1 BYLAW NO. 2144

“Langford Zoning Bylaw, Amendment No. 705, (3405 Happy Valley Road, Bylaw No. 2144, 2023".

Acting Mayor Wagner opened the Public Hearing for Bylaw No. 2144 at 7:30 pm.

Deputy Director of Planning Leah Stohmann advised that Michelle Mahovlich has applied on behalf of Patrick Stephenson to amend the zoning of 3405 Happy Valley from the Rural Residential 2 (RR2) to the Residential Small Lot 1 (RS1) zone.

This is being proposed in order to allow for the development of approximately 13 single‑family lots.

1. In support of this application, the applicant has agreed to provide the following as a bonus for increased density: a. $660 per small Lot to the Affordable Housing Reserve Fund; and
   b. $3,960 per small lot to the General Amenity Reserve Fund;

2. That the applicant registers, prior to Bylaw Adoption, a road dedication plan, to the satisfaction of the Director of Engineering;

3. 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: a. That frontage improvements along the extension of Vision Way, a stormwater management plan and 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;
   b. That full frontage improvements along Happy Valley Road will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to subdivision approval of “Proposed Lot A”;
   c. That a separate covenant be registered prior to issuance of a building permit for the proposed development agreeing that the garages are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein;
   d. That, prior to commencement of work, tree protection measures inclusive of tree protection fencing are implemented to protect the trees identified for retention in the arborist report, and as confirmed by the Director of Parks, Recreation and Facilities with respect to the dedicated parkland, throughout the construction period;
   e. That, prior to commencement of work, construction fencing is installed to delineate the dedicated parkland from the remainder of the property to the satisfaction of the Director of Parks, Recreation and Facilities throughout the construction period;
   f. That 5% of the lot area be dedicated as parkland and any improvement including hazard tree mitigation, replanting, invasive removal, and other improvements are completed under the supervision of a Registered Profession Biologist and to the satisfaction of the Director of Parks, Recreation and Facilities prior to subdivision approval;
   g. That as part of the tree replanting strategy, each created lot has two (2) trees and that these trees provide, shade, drought resistance, and habitat considerations;
   h. 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 III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value.

This proposal is consistent with the Official Community Plan Neighbourhood designation.

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

Michelle Mahovlich presented an information package regarding the proposed development.

Acting Mayor Wagner called a first time for presentations.

• C. Wright, Commander Court - Question regarding enforcement of the stipulation of using the garage for parking rather than storage.
• “Ben” - Engineering of the rock bluff in front of the proposed development. suggested a bike lane to enhance safety.
• W. Hobbs, Luxton Road - Speaker asked questions pertaining to protection for neighbours from dust and noise while construction is ongoing as well as the proposed S. 219 covenant.

Acting Mayor Wagner called a second time for presentations.

• T. Williams, Kinglet Place - Speaker asked that the environmental assessment be completed prior to rezoning. Speaker also noted parking in this area is difficult and the S. 219 covenant proposed for this development may not address the issue. Instead, Speaker suggested the addition of double wide driveways. Speaker noted concerns for tree removal amounts as outlined.
• L. Plomp, Whimfield Terrace - Speaker noted that the inclusion of Lot A could lead to further development in years to come. Speaker also noted that park space provided feels small and suggested adding to exiting park space.
• K. Robinson, Page Avenue - Speaker noted that Sooke and Happy Valley roads are congested, and a traffic study may be needed to assess impact of further development.
• C. Messer, Fulmar Rise - Speaker noted the site is logical for development and the developer has worked in the community before.
• R. Harry, Ernhill Drive - Speaker noted a need for more housing locally in support of the application.

Acting Mayor Wagner called a third time for presentations.

None presented.

Acting Mayor Wagner declared the Public Hearing for Bylaw No. 2144 closed at 7:57 pm.

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6.2 BYLAW NO. 2135

“Langford Zoning Bylaw, Amendment No. 701, (Omnibus No. 63 – Text Amendment to Remove Clause Requiring Second Parking Stall for Three-Bedroom Units), Bylaw No. 2135, 2023".

Acting Mayor Wagner opened the Public Hearing for Bylaw No. 2135 at 7:58 pm.

Deputy Director of Planning Leah Stohmann advised that Bylaw 2135 proposes to amend Zoning Bylaw 300 by reducing the number of off-street parking stalls for apartment units that have more than two-bedrooms.

The requirement for the provision of an additional parking space for these larger apartment units was added approximately 5 years ago. Since this time, the city has received feedback that this requirement added a significant barrier to construction these larger units due to many factors, including the physical amount of land required to incorporate the additional parking spaces and the cost of constructing the additional parking. These have pushed the costs associated with constructing larger units much higher, and arguably out of the affordability range for many wishing to live in that type of home, making it more viable for a project to incorporate a larger number of smaller units for the same amount of parking required for a smaller project with larger units.

Over the same time, the housing crisis has intensified, with single-family homes and even townhouses becoming increasingly out of reach for many households requiring more than 2 bedrooms to meet their needs. Due to this, it is becoming more important to incorporate larger units that can accommodate larger households into multi-family buildings.

Council may further wish to note that since the introduction of this Bylaw, staff have experienced an increase in the number of current and pending development proposals that wish to incorporate three-bedroom units.

The proposed amendment would be consistent with the City’s Official Community Plan.

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

Acting Mayor Wagner called a first time for presentations.

None presented.

Acting Mayor Wagner called a second time for presentations.

• R. Coutre, Goldstream Avenue - Speaker expressed support for the proposed bylaw amendment. Speaker noted the need for larger units in Langford within apartment buildings.
• W. Hobbs, Luxton Road - Speaker noted many families have multiple vehicles and expressed dissatisfaction with the proposed bylaw amendment.
• K. Robinson, Page Avenue - Speaker expressed concern with the proposed amendment. Speaker noted many people have multiple vehicles and need appropriate space to park them.
• N. Johal, Walfred Place - Speaker expressed concern with the proposed amendment noting travel around Langford is car dependent.
• J. Ledakis, Redington Avenue - Speaker expressed support for the proposed bylaw amendment noting density and growth is the downtown core.
• M. Morton, Phelps Avenue - Speaker expressed concern with the proposed amendment. Speaker noted condominium buildings currently do not have adequate parking.

Acting Mayor Wagner called a third time for presentations.

None presented.

Acting Mayor Wagner declared the Public Hearing for Bylaw No. 2135 closed at 8:15 pm.

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7. PUBLIC PARTICIPATION

• W. Hobbs, Luxton Road - re: item 8 - Speaker expressed thanks for amendments made to the minutes.
• L. Foxall, Players Drive - re: item 12.1 - Speaker expressed concern with amending the size of the parking spaces noting this change may increase costs and decrease the number of housing units produced. Speaker encouraged Council to receive more information and feedback before making a decision. Re: item 10.5 - Speaker expressed concern with the CRD Transportation Governance noting a need for further engagement and concerns regarding costs.
• S. Sifert, Walfred Road - re: item 8 - Speaker expressed concern with content of the September 25th Council minutes.
• R. Louie, Bellamy Road - re: item - Speaker expressed thanks to Mayor Goodmanson for reading the Territorial Acknowledgment and wished to see other members of staff and Council read it in the future.
• G. Haythornwaite, Peatt Road - re: item 5.1 - Speaker expressed a need for more information regarding BC Transit service improvements. Speaker made suggestions regarding service improvements including accessibility and fares.
• M. Morton, Phelps Avenue - re: item 10.5 - Speaker expressed concerns with the potential addition of transportation governance.
• R. Coutre, Goldstream Avenue - re: item 12.1 - Speaker expressed concerns with the proposed parking stall size increase. Speaker noted a need to revisit design guidelines with stakeholders and Council.
• L. Plomp, Whimfield Terrace - re: item 12.1 - Speaker expressed support for the proposed parking stall size increase noting additional size may be beneficial for larger vehicles and storage.
• S. Sifert, Walfred Road - re: item 8 - Speaker expressed concern with content of the September 25th Council minutes.
• L. Foxall, Players Drive - addressed item not on the agenda

Council passed a motion to hold a recess.

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council recess the meeting at 8:42 p.m.

Motion CARRIED.

Acting Mayor Wagner resumed the meeting at 8:49 p.m.

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8. CONSENT AGENDA

• Minutes of the Council Meeting - September 5, 2023 (amended) (ADOPTION)
• Minutes of the Council Meeting - September 25, 2023 (ADOPTION)
• Minutes of the Committee of the Whole - September 26, 2023 (RECEIVE)
• Greater Victoria Public Library 2022 Annual Report (RECEIVE)

MOVED BY: HARDER
SECONDED: YACUCHA

THAT Council adopt the recommendations for each item of the Consent Agenda as presented.

Motion CARRIED.

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9. CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

There were no items removed from the Consent Agenda for consideration.

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10. REPORTS

10.1 Renewal of TUP19-0004 #107-2317 Millstream Road

MOVED BY: MORLEY
SECONDED: YACUCHA

THAT Council renew TUP19-0004 to allow a non-medical cannabis retail store at 107-2317 Millstream Road for an additional term of three years.

Motion CARRIED.

10.2 BC Active Transportation Grant

MOVED BY: YACUCHA
SECONDED: GUIRY

Council resolves that the City’s share of funding for the Bellamy Road Multi-Use Path from Treanor Avenue to Bellany Link and Intersection Improvements on Veterans Memorial Parkway at Goldstream Avenue and Veterans Memorial Parkway at Peatt Road is available and supported, that these projects are a municipal priority, that these projects will be complete within the required timeline, that these proposed projects are shovel ready according to the criteria in section three of the infrastructure application.

And therefore, Council direct staff to apply for the 2023 B.C. Active Transportation Infrastructure Grant for each of the following projects:

1. Bellamy Road Multi-Use Path from Treanor Ave to Bellamy Link, at a total estimated cost of $1,050,000;
   AND
2. Intersection Improvements on Veterans Memorial Parkway at Goldstream Avenue and Veterans Memorial Parkway at Peatt Road, at a total estimated cost of $500,000.

Motion CARRIED.

10.3 Annual Property Tax Sale Results

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council receive the 2023 Tax Sale report for information.

Motion CARRIED.

10.4 JLBP Bike Shop Contract - Broad Street Cycles

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council approves the lease agreement with Broad Street Cycles Limited on the terms as attached with such minor amendments as may be required and that Council authorize the Mayor and Chief Administrative Officer to execute the lease agreement.

Motion CARRIED.

10.5 CRD Transportation Governance Engagement

MOVED BY: HARDER
SECONDED: GUIRY

THAT Council approve the recommendations from the Committee of the Whole and direct staff to submit the attached completed questionnaire to the CRD on behalf of the City of Langford, with the addition of the following response to question 2C: Agree.

Motion CARRIED.

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11. CORRESPONDENCE

11.1 Consent for Bylaw No. 4551

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council consent to the CRD adopting Bylaw No. 4551 “Land Assembly, Housing and Land Banking Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 2, 2023”

Motion CARRIED.

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12. BYLAWS

12.1 BYLAW NO. 2082 (Background report attached)

“Langford Zoning Bylaw, Amendment No. 679, (Omnibus No. 60 – Various Housekeeping Items), Bylaw No. 2082, 2023". ( RESCIND FIRST, SECOND AND THIRD READINGS AND GIVE NEW FIRST READING)

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council:
Rescind 1st, 2nd and 3rd reading of Bylaw No. 2082;
AND
Give 1st reading to Bylaw No. 2082, as revised;
AND
Direct staff to schedule a new Public Hearing for the revised version of Bylaw No. 2082.

Motion CARRIED.

Amendment:

MOVED BY: YACUCHA
SECONDED: SZPAK

THAT Council:
Rescind 1st, 2nd and 3rd reading of Bylaw No. 2082;
AND
Give 1st reading to Bylaw No. 2082, as revised;
AND
Direct staff to schedule a new Public Hearing for the revised version of Bylaw No. 2082.
AND
Remove section 8 and 9 be from the Omnibus No. 60 of Bylaw No. 2082.

Councillors Harder, Morley and Guiry opposed.

Motion DEFEATED.

12.2 BYLAW NO. 2135

“Langford Zoning Bylaw, Amendment No. 701, (Omnibus No. 63 – Text Amendment to Remove Clause Requiring Second Parking Stall for Three-Bedroom Units), Bylaw No. 2135, 2023". (SECOND AND THIRD READINGS)

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council give Bylaw No. 2135 second and third readings.

Motion CARRIED.

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council at 9:58 pm, extend the meeting until end of business.

Motion CARRIED.

12.3 BYLAW NO. 2144

“Langford Zoning Bylaw, Amendment No. 705, (3405 Happy Valley Road, Bylaw No. 2144, 2023". (SECOND AND THIRD READINGS)

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council give Bylaw No. 2144 second and third readings.

Motion CARRIED.

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13. ADJOURNMENT

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council adjourn the meeting at 10:00 pm.

Motion CARRIED.

Presiding Council Member Certified Correct - Corporate Officer