Council Minutes — January 15, 2024

1. CALL TO ORDER

Mayor Goodmanson called the meeting to order at 7:01 pm.

2. TERRITORIAL ACKNOWLEDGEMENT

Councillor Guiry 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: HARDER

THAT Council approve the agenda as presented.

Motion CARRIED.

5. PUBLIC HEARINGS

5.1 BYLAW NO. 1927

“Langford Zoning Bylaw, Amendment No. 706, (957 Walfred Road), Bylaw No. 1927, 2023".

• The Mayor opened the Public Hearing for Bylaw No. 1927 at 7:05 pm.
• Director of Planning Matthew Baldwin advised Kyle Velikovsky has applied on behalf of White Wolf Homes Ltd. to amend the zoning of 957 Walfred Road from the RS1 (Residential Small Lot 1) Zone to RT1 (Residential Townhouse 1) Zone.
• This is being proposed in order to allow for the development of approximately 17 townhome units.

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

a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit: i. $610 towards the Affordable Housing Reserve Fund; and
ii. $3,660 towards the General Amenity Reserve Fund;

b. That the applicant, prior to Bylaw Adoption, discharge the previous rezoning covenant and register a new 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 a building permit: 1. Full frontage improvements, inclusive of constructing a cul de sac and bowtie parking, connecting the existing sidewalk on Hinks Road to the on-site pathway, boulevard, and streetlighting. It must also include improvements to the frontage of 955 Walfred Road;
2. A storm water management plan; and
3. A construction parking management plan. ii. That a separate covenant be registered prior to the registration of a strata plan 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, in favour of the strata. iii. 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; iv. 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 and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN; v. That a Statutory Right of Way be registered over the public pathway prior to the issuance of a building permit; vi. That the public pathway shall be demonstrated within the landscape plan and be clearly delineated to the satisfaction of the Director of Parks, Recreation, and Facilities.

• In addition, Council has resolved to amend the text of Schedule AD of the Zoning Bylaw No. 300 to remove the amenity contributions related to Bylaw No. 1261.

• Council has also, by resolution, authorized the Director of Planning to issue the following variances within the form and character development permit: a. Section 6.28.07(1)(a) to reduce the front lot line setback from 3 m to 1.2m; and
  b. Section 6.28.07(1)(d) to reduce the rear lot line setback from 5.5 m to 1.5 m
  Subject to the condition that the variances are only granted for the development of the townhouse project as shown at Public Hearing.

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

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

Presentations:

• Kyle Velikovsky on behalf of White Wolf Homes Ltd, provided an overview of the proposed development to Council.
• T. Parkinson, Walfred Rd — expressed concern regarding blasting, parking and water management in the proposed development; concern regarding loss of privacy and changes to their family's lives.
• N. Johal, Walfred Pl — expressed support for the development.

Mayor Goodmanson declared the Public Hearing for Bylaw No. 1927 closed at 7:26 pm.

6. PUBLIC PARTICIPATION

• N. Johal, Walfred Pl — re: Item 13.4 — expressed concern regarding the fees in the Bylaw; concerned about fee increase to homeowners.
• P. Hamilton, Langford Resident — re: Item 11.1 — expressed support for the developer's acceptance of reviewing any accessibility challenges in the proposed development; inquired about design details.
• W. Hobbs, Luxton Rd — re: Item 10.1.4 — requested Luxton Road be a priority for traffic calming measures. re: Item 13.5 — stated environmental complaints about a parking lot surrounding a daycare should be dealt with by Vancouver Island Health Authority not a municipality.
• R. Louie, Langford Resident — re: Item 2 — stated the City of Langford's Territorial Acknowledgment has errors. re: Item 13.4 — expressed support for option 2 of the resolutions; concerned fee increases will be filtered down to renters.
• L. Foxall, Langford Resident — re: Item 13.4 — expressed support for option 2 of the resolutions; concerned about fee increases and downstream impacts to renters.
• S. Sifert, Langford Resident — re: Item 13.4 — expressed support for option 2. re: Item 7 — noted the agenda is missing December 4, 2023 Council minutes and that their statements had been omitted and would like them reinstated.

7. CONSENT AGENDA

• Minutes of the Special Sustainable Development Advisory Committee Meeting - December 11, 2023 (RECEIVE)
• Minutes of the Special Council Meeting - December 18, 2023 (ADOPT)
• Minutes of the Sustainable Development Advisory Committee Meeting - January 8, 2024 (RECEIVE)

MOVED BY: HARDER
SECONDED: MORLEY

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

• Minutes of the Special Sustainable Development Advisory Committee Meeting - December 11, 2023 (RECEIVE)
• Minutes of the Special Council Meeting - December 18, 2023 (ADOPT)
• Minutes of the Sustainable Development Advisory Committee Meeting - January 8, 2024 (RECEIVE)

Motion CARRIED.

8. CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

None removed.

9. OTHER BOARD AND COMMISSION MINUTES

9.1 Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting - November 9, 2023

MOVED BY: GUIRY
SECONDED: WAGNER

THAT Council receive the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held on November 9, 2023.

Motion CARRIED.

10. COMMITTEE RESOLUTIONS

10.1 Special Sustainable Development Advisory Committee Meeting - December 11, 2023

10.1.1 Development Variance Permit - 2181 Bear Mountain Parkway

MOVED BY: SZPAK
SECONDED: GUIRY

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 lieu of a cul-de-sac at 2181 Bear Mountain Parkway, subject to: i. That the two-point turnaround is constructed and secured to the satisfaction of the Fire Chief, prior to subdivision approval.

Motion CARRIED.
Mayor Goodmanson and Councillor Wagner opposed.

10.1.2 Rezoning Application - 2832, 2834, 2836, and 2838 Knotty Pine Road

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council:

1. Proceed with consideration of First Reading of Bylaw No. 2151 to amend the zoning designation of the properties located at 2832, 2834, 2836, and 2838 Knotty Pine Road from R2 to CC2 subject to the following terms and conditions: a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit, prior to the issuance of a building permit: i. $1,000 towards the Affordable Housing Reserve Fund; and
   ii. $3,800 towards the General Amenity Reserve Fund; b. 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 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: 1. Full frontage improvements;
   2. A storm water management plan;
   3. A mitigation plan, and
   4. A construction parking management plan. ii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character; iii. That a separate covenant be registered prior to the registration of a strata plan 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, in favour of the strata; iv. That 5% of the lot area on the corner of Knotty Pine Road and Orono Avenue be dedicated to the City as park prior to the issuance of a building permit; v. That the strata be responsible for maintaining and irrigating boulevard landscaping with the exception of boulevard trees and boulevard tree irrigation, which will be maintained by the City; 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 III 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 electric heat pumps be required as a condition of zoning.

AND

2. Authorize the Director of Planning to issue a setback variance to the southern interior side lot line, reducing the requirement from 1.2 m to 1 m along the park boundary.

Motion CARRIED.

10.1.3 Rezoning Application & Official Community Plan Amendment - 2207 Millstream Road

MOVED BY: SZPAK
SECONDED: MORLEY

THAT Council:

1. Proceed with consideration of Bylaw No. 2149 to amend the Official Community Plan designation of a portion of the property at 2207 Millstream Road from “Business or Light Industrial” to “Neighbourhood” AND Bylaw No. 2150 to amend the zoning designation of a portion of the property at 2207 Millstream Road from the Business Park 9 (BP9) to the One- and Two-Family Residential (R2) to allow for a maximum of 60 residential lots subject to the following terms and conditions: a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit, prior to the issuance of a building permit: i. $660 towards the Affordable Housing Reserve Fund; and
   ii. $3,960 towards the General Amenity Reserve Fund; b. 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 a mitigation plan 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; ii. That the applicant provides a replanting plan from a registered professional biologist for areas disturbed in the non-disturbance area and bond for the works, to the satisfaction of the Director of Planning and Subdivision prior to subdivision approval. iii. That no vehicle access of any kind is permitted from the business park land through the residential land by way of using the cul-de-sac bulb to the north in the One- and Two-Family Residential (R2) zone. iv. That electric heat pumps be required as a condition of rezoning.

Motion CARRIED.

10.1.4 Traffic Calming Policy

MOVED BY: SZPAK
SECONDED: MORLEY

THAT Council adopt POL-0173-ENG Traffic Calming Policy as amended.

Motion CARRIED.

10.2 Sustainable Development Advisory Committee Meeting - January 8, 2024

10.2.1 Rezoning Application & Development Variance Permit - 1331 Westhills Drive

• Councillor Guiry left the meeting at 8:12 pm. due to a perceived non-pecuniary conflict.

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council:

1. Proceed with consideration of First Reading of Bylaw No. 2154 to amend the text of the CD3 zone to allow for a group daycare with 53 children at 1331 Westhills Drive subject to the following terms and conditions: a. 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 following Transit Demand Management strategies be implemented and maintained for all office users, in accordance with the Parking Study completed by Watt Consulting Group, dated December 1st, 2023 1. Guaranteed Ride Home program with a minimum of 8 reimbursable trips per employee per year; and 2. Commuter financial incentives, providing employees with at least $1.55 per day cash out for not using a single occupant vehicle as their travel mode. ii. That no parking stalls be assigned to specific users with the exception of the daycare leaseholder and that all parking be provided on a first-come-first-served basis, with the exception of accessible parking stalls and designated pick-up and drop-off stalls for the daycare use.

AND

2. Direct staff to provide notice that Council will consider issuing a Development Variance Permit for the property at 1331 Westhills Drive with the following variance to Zoning Bylaw No. 300: a. That Section 4.01.01 be varied to reduce the required parking from 126 to 118 parking stalls.

Motion CARRIED.

• Councillor Guiry returned to the meeting at 8:19 pm.

11. REPORTS

11.1 Bylaw 2019 - Z22-0025 - 982, 984, 986, 988 Bray Ave Update

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council:

1. Accept the revised design demonstrating improved street presence, depicted in the rendering included with the January 15, 2023, staff report;
   And
2. Revise the resolution of November 20th, 2023, without the requirement for carshare to be secured within the Section 219 Covenant, as follows:

Proceed with consideration of Bylaw No. 2019 to amend the zoning designation of the properties located at 982-988 Bray Avenue from One- and Two-Family Residential (R2) to City Centre 1 (CC1) subject to the following terms and conditions: a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit, prior to the issuance of a building permit: i. $750 towards the Affordable Housing Reserve Fund; and
ii. $2,850 towards the General Amenity Reserve Fund;
Subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy and the Attainable Housing Policy depending on use and height. b. 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 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: 1. Full frontage improvements;
2. A mitigation plan;
3. A storm water management plan; and
4. A construction parking management plan. ii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character; iii. That a separate covenant be registered prior to issuance of a building permit for the proposed development that ensures residential 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; iv. 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 and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN; v. That the developer submit the Fire Underwriters Survey (FUS) calculations prior to the issuance of a development permit to develop the property, and acknowledges that these calculations may determiner different setbacks than what is prescribed in the zone or from what has been grated through variances; vi. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires a minimum 10% of units constructed be rented at a rate no higher than 30% of the median renter income as calculated by the Canadian Mortgage and Housing Corporation for Langford for a term not less than 10 years or that a minimum of 5% of the units constructed be directed to and sold in accordance with the terms of the Attainable Home Ownership Program Policy (POL-0166-PLAN). The developer shall identify the Attainable Units on the plans submitted for the required Development Permit application. vii. That at least 10% of the units be designed as adaptable units and that at least 70% of the units have side-by-side washer and dryers, to the satisfaction of the Chief Building Inspector; viii. That the rooftop patio located on the northwestern side be designed with 5-foot-tall translucent glass along the western side to increase the privacy to existing neighbours, to the satisfaction of the Director of Planning; ix. 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; x. That electric heat pumps be installed, to the satisfaction of the Chief Building Inspector; and xi. That the foyer panel is designed to accommodate visual challenges, to the satisfaction of the Chief Building Inspector.

AND

3. Direct staff to proceed with scheduling a Public Hearing for Bylaw No. 2019.

Motion CARRIED.

11.2 Tender Award for Centre Mountain WP2 Ph1 Earthworks

MOVED BY: GUIRY
SECONDED: HARDER

THAT Council award the construction contract for Centre Mountain Residential Work Package 2 Phase 1 Earthworks to Colecon Contracting Ltd. at an amount of $1,777,550.00 plus GST funded via LSA funds;

AND

THAT Council authorize Mayor and CAO, or Corporate Officer, to execute this construction contract.

Motion CARRIED.

12. CORRESPONDENCE

12.1 Municipal Consent for Bylaw No. 4572 - Management of Onsite Sewage Systems Service Establishment Bylaw

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council consent to the CRD adopting Bylaw No. 4572, “Management of Onsite Sewage Systems Service Establishment Bylaw, 2007, Amendment Bylaw No. 1, 2023”.

Motion CARRIED.

13. BYLAWS

13.1 BYLAW NO. 1927

“Langford Zoning Bylaw, Amendment No. 706, (957 Walfred Road), Bylaw No. 1927, 2023". (SECOND AND THIRD READING)

MOVED BY: SZPAK
SECONDED: HARDER

THAT Council give Bylaw No. 1927 second and third readings.

Motion CARRIED.

13.2 BYLAW NO. 2029

“Road Closure Bylaw No. 2029 (726 Percy Pl), 2023”. (ADOPTION)

MOVED BY: MORLEY
SECONDED: WAGNER

THAT Council adopt Bylaw No. 2029.

Motion CARRIED.

13.3 BYLAW NOS. 2149 & 2150

“Langford Official Community Plan Bylaw, Amendment No. 49, (2207 Millstream Road), Bylaw No. 2149, 2024". (FIRST READING)
AND
“Langford Zoning Bylaw, Amendment No. 708 (2207 Millstream Road), Bylaw No. 2150, 2024". (FIRST READING)

MOVED BY: WAGNER
SECONDED: GUIRY

THAT Council give Bylaw No. 2149 and Bylaw No. 2150 first readings.

Motion CARRIED.

13.4 BYLAW NO. 2156 (Background report attached)

“Sewer Utility Bylaw Amendment No. 7, Bylaw No. 2156, 2024”. (FIRST, SECOND AND THIRD READING)

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council give “Sewer Utility Bylaw Amendment No. 7, Bylaw No. 2156, 2024” first, second and third reading.

Motion CARRIED.

13.5 BYLAW NO. 2154

“Langford Zoning Bylaw, Amendment No. 710 (Text Amendment to Increase Daycare Capacity), Bylaw No. 2154, 2024". (FIRST READING)

• Councillor Guiry left the meeting at 8:44 pm. due to a non-pecuniary conflict.

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council give Bylaw No. 2154 first reading.

Motion CARRIED.

• Councillor Guiry returned to the meeting at 8:45 pm.

14. ADJOURNMENT

MOVED BY: HARDER
SECONDED: GUIRY

THAT Council adjourn the meeting.

Mayor Goodmanson adjourned the meeting at 8:46 pm.

Motion CARRIED.

Presiding Council Member

Certified Correct - Corporate Officer