Council Minutes - May 6, 2024 (7:00 p.m.)

1. CALL TO ORDER

Acting Mayor Yacucha called the meeting to order at 7:00 pm.

2. TERRITORIAL ACKNOWLEDGEMENT

Councillor Szpak read the City of Langford's Territorial Acknowledgment.

3. MEETING CONDUCT RULES

M. Watmough, Director of Legislative & Protective Services, read the City of Langford's meeting conduct rules.

4. APPROVAL OF THE AGENDA

THAT Council approve the agenda as presented.

5. DELEGATIONS

5.1 West Shore Developers Association - Ron Coutre

• Ron Coutre expressed concerns regarding Bylaw 1926.

6. PUBLIC PARTICIPATION

• P. Hamilton, Langford Resident
  • re: Item 10.1 - The speaker expressed support for this application. The speaker would like a variety of vendors on Station Ave.
  • re: Item 13.4 - The speaker expressed support for the Bylaw Nos. 2167 and 2168. The speaker expressed concern regarding the amount of funding allowable in the budget for accessibility. The speaker expressed the want for a Special Community Advisory Committee meeting to discuss the allocation of such funds.
  • re: Item 13.5 - The speaker supports the changes to Bylaw No. 2175. However, would like to see an added amendment in the future to reflect a time limit for the placement and removable of signs on City property including a fine to those that do not adhere to such limits.
  • re: Item 13.7 - The speaker supports the Tree Protection Bylaw.
• W. Hobbs, 3442 Luxton Rd
  • re: Item 13.4 - The speaker expressed concern regarding the sidewalk infill project.
• G. Boivin, Langford Resident
  • The speaker expressed concern regarding items not on the agenda.
• Belinda, Langford Resident
  • re: Item 9.1.1 - The speaker would like the developers to be held financially responsible for removing trees before a Development permit was approved.
  • re: Item 11.1 - The speaker expressed concern regarding affordability in the Attainable Home Ownership Policy.
  • re: Item 13.4 - The speaker supports the introduction of planning and staffing for climate mitigation.
  • re: Item 13.5 & 13.6 - The speaker would like Council to protect public participation at all meetings.
• K. Robinson, Langford Resident
  • re: Item 13.4 - The speaker supports the introduction of planning and staffing for climate mitigation.
  • re: Item 13.1 - The speaker supports tiered retaining walls.
  • re: Item 9.1.1 - The speaker would like the developers to be held financially responsible for removing trees before a development permit was approved.
• D. Strongitham, Burdett Ave, Victoria
  • re: Item 13.3 - The speaker provided information regarding the zoning details of Bylaw No. 2166.
• R. Glenn, Langford Resident
  • re: Item 13.4 - The speaker voiced opposition the proposed tax increase. The speaker expressed concern regarding the use of funding for sidewalks. The speaker would like Council to reach out to former Council members for advice. The speaker expressed concern about asking for local support in developing the financial plan.
• F. Johnson, Hannington Rd
  • re: Item 13.4 - The speaker supports the budget, however, was disappointed with some items within the budget including the YMCA. The speaker would like Council to revisit the business class taxation policies.
  • re: Item 13.5 - The speaker requested that the option to only speak to agenda items during public participation be removed.
• W. Bowers, Langford Resident
  • re: Item 13.4 - The speaker expressed disappointment regarding a tax increase.
  • re: Item 13.7 - The speaker expressed concern regarding the tree protection bylaw.
  • re: Item 12 - The speaker expressed concern regarding the requirements to have public input such as correspondence, on the agenda.
• E. Daniels, Gade Rd
  • re: Item 13.4 - The speaker expressed concern regarding the tax increase noting it was the highest in the area.

At 7:39 pm. Council made a motion to extend the public participation. Please see the motion below.

MOVED BY: HARDER
SECONDED: WAGNER

THAT Council at 7:39 pm. extend public participation for first time speakers.

Motion CARRIED.

• C. Foxall, Players Dr
  • re: Item 13.4 - The speaker expressed concerns regarding the tax increase.
• N. Zed, Langford Resident
  • re: Item 13.7 - The speaker would like an amendment to the tree protection bylaw specifying certain species to be protected.
  • re: Item 13.4 - The speaker expressed support for the budget but would like more information regarding the YMCA.
  • re: Item 9.1.1 - The speaker would like the developers to inform neighbors earlier in the process.
• B. Armstrong, Rodney Rd
  • re: Item 13.4 - The speaker expressed concern regarding the tax increase. The speaker requested more information regarding the YMCA.
• N. Johal, Langford Resident
  • re: Item 13.4 - The speaker expressed concern regarding the tax increase. The speaker expressed concern regarding the use of amenity funding being used for sidewalks.
  • re: Item 13.3 - The speaker expressed support for the proposed development.
• D. Dingham, Langford Resident
  • re: Item 13.4 - The speaker expressed concern regarding the tax increase and the effects on renters.
• L. Foxall, Langford Resident
  • re: Item 13.7 - The speaker requested that Council protect public participation. The speaker disagrees with the idea of charging fines for sign placement.
  • re: Item 13.4 - The speaker does not support the Bylaws. The speaker expressed concern about the effects of the tax increase to renters.
• R. Louie, Langford Resident
  • re: Item 13.5 - The speaker supports the amendments to the Bylaw. The speaker requested that the speaker during the public participation states what area of the City they reside.
  • re: Item 11.4 - The speaker supports the amendments.
  • re: Item 13.4 - The speaker does not support the tax increase. The speaker expressed concern about support for renters.
• S. Plank, Langford Resident
  • re: Item 9.1.1 - The speaker would like the developers to be held financially responsible for removing trees before a development permit was approved.
  • re: Item 11.1 - The speaker expressed concern regarding the criteria for the program. The speaker would like the program to include an affordability aspect.
  • re: Item 13.5 & 13.6 - The speaker requested that Council protect public participation. The speaker would like the section of the Bylaw that does not allow public participation to speak to a zoning application at adoption to be removed.
  • re: Item 13.4 - The speaker supports the 2024 use of amenity funds. The speaker would like a review of the privatization of City services.
• S. Sifert, Langford Resident
  • re: Item 13.4 - The speaker does not support the bylaws. The speaker expressed concern that projects are moving forward before the financial plan is approved.
  • re: Item 13.7 - The speaker does not support the bylaw.
• R. McKenzie, Langford Resident
  • re: Item 13.1 - The speaker expressed concern regarding the bylaw. The speaker requested a 30-day review before approving the bylaw.
• N. McNeely, Lakehurst Dr
  • re: Item 13.5 - The speaker expressed support for the amendments.
  • re: Item 13.7 - The speaker expressed support for the bylaw.
• L. Arsenault, Brock Ave
  • re: Item 13.7 - The speaker supports the bylaw.
  • re: Item 13.4 - The speaker supports the budget, however, would have preferred a gradual raise in taxes.
• N. Johal, Langford Resident (additional comment)
  • re: Item 13.4 - The speaker expressed concern for the cost of the consultants. The speaker expressed the tax increase will affect renters.
• S. Rossander, Langford Resident
  • re: Item 13.4 - The speaker does not support the bylaws.

7. CONSENT AGENDA

• Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting - March 14, 2024 (RECEIVE)
• Minutes of the Special Council Meeting - April 10, 2024 (ADOPT)
• Minutes of the Council Meeting - April 15, 2024 (ADOPT)
• Minutes of the Special Sustainable Development Advisory Committee Meeting - April 22, 2024 (RECEIVE)
• Minutes of the Capital West Accessibility Advisory Committee Meeting - April 24, 2024 (RECEIVE)
• Minutes of the Special Sustainable Development Advisory Committee Meeting - April 24, 2024 (RECEIVE)
• Minutes of the Community Advisory Committee Meeting - April 30, 2024 (RECEIVE)

MOVED BY: HARDER
SECONDED: MORLEY

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

• Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting - March 14, 2024 (RECEIVE)
• Minutes of the Special Council Meeting - April 10, 2024 (ADOPT)
• Minutes of the Council Meeting - April 15, 2024 (ADOPT)
• Minutes of the Special Sustainable Development Advisory Committee Meeting - April 22, 2024 (RECEIVE)
• Minutes of the Capital West Accessibility Advisory Committee Meeting - April 24, 2024 (RECEIVE)
• Minutes of the Special Sustainable Development Advisory Committee Meeting - April 24, 2024 (RECEIVE)
• Minutes of the Community Advisory Committee Meeting - April 30, 2024 (RECEIVE)

Motion CARRIED.

8. CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

• None removed.

9. COMMITTEE RESOLUTIONS

9.1 Special Sustainable Development Advisory Committee Meeting Resolutions - April 22, 2024

9.1.1 875, 881 Brock Ave and 2700, and 2708, 2712 Strathmore Rd

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council:

1. Proceed with consideration of Bylaw No. 2163 to amend the zoning designation of the properties located at 875 and 881 Brock and 2700, 2708, and 2712 Strathmore from the R2 (One- and Two-Family Residential) Zone to the CC1 (City Centre 1) subject to the following terms and conditions: a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit and commercial gross floor area, prior to the issuance of a building permit approval: i. $750 towards the Affordable Housing Reserve Fund; ii. $2,850 towards the General Amenity Reserve Fund; and iii. $10.75 per m2 of commercial gross floor area to 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:
2. Full frontage improvements;
3. A storm water management plan; ii. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to any land alteration:
4. A construction parking management plan; and
5. A mitigation plan. iii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character; iv. 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; v. 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; vi. That tree protection measures are implemented by the project arborist, inclusive of tree protection fencing, prior to commencement of work to protect the trees identified for retention in the arborist report throughout the construction period, to the satisfaction of the Director of Planning; vii. 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; viii. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires either a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type to also include adaptable units for a term not less than 25 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; ix. That a minimum of 15% of all residential units be constructed to adaptable standards, to the satisfaction of the Chief Building Inspector; x. That a minimum of 16 three-bedroom units are constructed, to the satisfaction of the Director of Planning; xi. That the project shall include a group daycare, to the satisfaction of the Director of Planning; xii. That an entry plaza and pedestrian cut-through be constructed on the northeast corner of the site, in general accordance with the architectural drawings completed by Jay Jung Architect, dated August 11, 2023; and xiii. That the strata be responsible for maintaining the boulevard landscaping from the back of the sidewalk with the exception of boulevard trees. xiv. That the building be constructed with electric heat pumps.
6. Amend the text of Section 3.26 of Zoning Bylaw No. 300 to allow for a group daycare with a maximum of 62 children at 875 and 881 Brock Ave and 2700, 2708 and 2712 Strathmore Road.
7. That Council direct staff to work with the applicant, at the time of Development Permit, to ensure that the following are considered in the building design: a. Appropriate accessible parking for tenants, visitors and daycare users. b. Appropriate storage, with electrical outlets as may be necessary, for bicycles, cargo bicycles and mobility scooters. c. Incorporating adaptability and accessibility into the design of laundry facilities. d. Explore alternatives for shade structures in both the common outdoor (rooftop) amenity area and the outdoor play space for the daycare as well as the use of vertical gardens as a method of providing shade and privacy.

Motion CARRIED.

9.2 Special Sustainable Development Advisory Committee Meeting Resolutions - April 24, 2024

9.2.1 Bylaw No. 1926 Omnibus Amendments to Subdivision and Servicing Bylaw No. 1000

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council consider giving first, second, and third readings to Bylaw No. 1926 as amended and attached to this report.

Motion CARRIED.

10. NOTICES OF INTENT

10.1 TUP21-0003 - Station Road - Consideration of Extension

MOVED BY: SZPAK
SECONDED: GUIRY

That Temporary Use Permit No. TUP21-0003 be issued by the Council of the City of Langford to the City of Langford to allow for Commercial and Tourism based uses on leased land along Station Avenue subject to the following terms and conditions:

1. Appendix The site shall be developed in substantial accordance with the site plan attached (Appendix A) to the Planning, Zoning and Affordable Housing report dated the 12th of July 2021.

2. Conditions The following requirements are imposed under Section 493 of the Local Government Act: a) That the following uses be allowed: i. Artist or craftsperson studio; ii. Cultural facility; iii. Licensed Premise; iv. Office; v. Parking facility; vi. Public Assembly and Entertainment uses; vii. Recreation facility, outdoor; viii. Restaurant; ix. Retail Store; x. Tourist information centre; xi. Transportation terminal; and xii. Food trucks. b. That the requirement of a Form and Character Development Permit be waived provided that the site is developed in substantial accordance with the renderings attached as Appendix A.

3. Expiry This temporary use permit shall expire three (3) years after the date of issuance.

Motion CARRIED.

11. REPORTS

11.1 Attainable Home Ownership Policy Update

MOVED BY: GUIRY
SECONDED: WAGNER

THAT Council approve Attainable Home Ownership Program Policy POL-0166-Plan as amended;

Motion CARRIED.

11.2 2023 Consolidated Financial Statements

MOVED BY: WAGNER
SECONDED: MORLEY

THAT Council approve the 2023 Audited Consolidated Financial Statements as presented.

Motion CARRIED.

11.3 Bladz Skate Shop Lease Renewal

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council approve the Bladz Skate Shop lease renewal for a period of two years from May 1, 2024;

AND

Authorize the Mayor and Chief Administrative Officer, or Corporate Officer, to execute the agreement on the terms substantially as presented, although minor amendments may be made prior to signing.

Motion CARRIED.

11.4 Amendment to Committee Terms of Reference

MOVED BY: GUIRY
SECONDED: WAGNER

THAT Council approve the amended Committee Terms of Reference as presented and direct staff to share this update with Committee members.

Motion CARRIED.

12. CORRESPONDENCE

12.1 Municipal Consent for Bylaw No. 4588 - Regional Parks Loan Authorization

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council consent on behalf of the electors to adoption of Bylaw No. 4588: Regional Parks Loan authorization Bylaw No. 1, 2024 and direct staff to advise the CRD accordingly.

Motion CARRIED.

MOVED BY: YACUCHA
SECONDED: WAGNER

THAT Council direct staff to write a letter to West Shore Mayors, municipalities including View Royal, Colwood and Metchosin to formally request that they advocate at the Capital Regional District for the expansion of the Capital Regional District trail networks into the West Shore.

Motion CARRIED.

Amendment:

MOVED BY: HARDER
SECONDED: WAGNER

THAT Council direct staff to write a letter to West Shore Mayors, to also include the Districts of Highlands, Sooke and the Sc'ianew, Malahat First Nations to formally request that they advocate at the Capital Regional District for the expansion of the Capital Regional District trail networks into the West Shore.

Motion CARRIED.

13. BYLAWS

13.1 BYLAW NO. 1926

“Subdivision and Servicing Bylaw No. 1000, Amendment No. 25, Bylaw No. 1926, 2024". (FIRST SECOND AND THIRD READINGS)

MOVED BY: WAGNER
SECONDED: GUIRY

THAT Council give first, second, and third reading to Bylaw No. 1926.

Motion CARRIED.

13.2 BYLAW NO. 2157

“Bear Mountain Parkway Extension Cost Recovery Bylaw Amendment No. 1, Bylaw No. 2157, 2024”. (ADOPTION)

MOVED BY: MORLEY
SECONDED: GUIRY

THAT Council adopt Bylaw No. 2157.

Motion CARRIED.

13.3 BYLAW NO. 2166

“Langford Zoning Bylaw, Amendment No. 718 (824, 832, 838 Goldstream Avenue), Bylaw No. 2166, 2024". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council give Bylaw No. 2166 first, second and third readings.

Motion CARRIED.

13.4 BYLAW NOS. 2167 & 2168

“City of Langford 2024-2028 Financial Plan Bylaw No. 2167, 2024”. (ADOPTION)
AND
"City of Langford Tax Rates Bylaw No. 2168, 2024." (ADOPTION)

MOVED BY: GUIRY
SECONDED: HARDER

THAT Council adopt City of Langford 2024-2028 Financial Plan Bylaw No. 2167, 2024;

AND

Adopt City of Langford Tax Rates Bylaw No. 2168, 2024.

Motion CARRIED.

13.5 BYLAW NO. 2175 (Background Report Attached)

“Council Procedure Bylaw No. 1971, Amendment No. 3, Bylaw No. 2175, 2024". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: GUIRY
SECONDED: SZPAK

THAT Council provide first, second, and third readings to Bylaw 2175 by amending section 33. of Schedule "A":

Members of the public are not permitted to bring signs mounted on handles of any kind into Council Chambers. Signs permitted in Council Chambers must not obstruct the view or interfere with any person's use of the gallery in the Council Chambers.

Motion CARRIED.

Amendment:

MOVED BY: WAGNER

THAT Council provide first, second, and third readings to Bylaw 2175 by amending section 35. of Schedule "A": removing the wording Amendment for adoption.

The motion died on the floor for want of a Seconder.

13.6 BYLAW NO. 2176 (Background Report Attached)

“City of Langford Public Notification Bylaw 2013, Amendment No. 1, Bylaw No. 2176, 2024". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: SZPAK
SECONDED: MORLEY

THAT Council give First, Second and Third Readings to Bylaw No. 2176

Motion CARRIED.

Amendment:

MOVED BY: WAGNER
SECONDED: HARDER

THAT Council give First, Second and Third Readings to Bylaw No. 2176 with the amendment of expanding the the range of public mail out notifications to 200 meters.

Motion DEFEATED.

Acting Mayor Yacucha, Councillors Harder, Guiry, Szpak and Morley opposed.

13.7 BYLAW NO. 2179

"City of Langford Tree Protection Bylaw No. 2179, 2024" (ADOPTION)

MOVED BY: WAGNER
SECONDED: GUIRY

THAT Council adopt Bylaw No. 2179.

Motion CARRIED.

14. ADJOURNMENT

MOVED BY: GUIRY
SECONDED: HARDER

THAT Council adjourn the meeting.

Acting Mayor Yacucha adjourned the meeting at 9:33 pm.

Motion CARRIED.

Presiding Council Member

Certified Correct - Corporate Officer