Council Minutes - July 15, 2024

1. CALL TO ORDER

Mayor Goodmanson called the meeting to order at 7:02 pm.

2. TERRITORIAL ACKNOWLEDGEMENT

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

3. MEETING CONDUCT RULES

M. Watmough, Corporate Officer, read the City of Langford's meeting conduct rules.

4. APPROVAL OF THE AGENDA

MOVED BY: MORLEY
SECONDED: GUIRY

THAT Council approve the agenda as amended, by adding item 5 and switching item 11.6 and 11.7 and renumbering accordingly.

Motion CARRIED.

5. PRESENTATIONS

5.1 Staff Presentation on Master Plan Engagement - Braden Hutchins & Donna Petrie

Donna Petrie, Senior Manager of Communications & Economic Development presented to the Council future public engagement dates for the City of Langford's master plans.

6. DELEGATIONS

6.1 775 Latoria Road - Rachael Sansom

Rachael Sansom presented to Council information regarding questions posed at the June 17, 2024, Council meeting.

7. PUBLIC PARTICIPATION

• S. Neish, Langford Resident - re: Item 14.3 - The speaker read a statement from the Bilston Watershed Habitat Protection Association. The group is in support of the proposed development provided the proposed changes asked of the developer are completed.
• W. Hobbs, Langford Resident - re: Item 10.1 - The speaker expressed concern regarding the proposed development and the potential increase of traffic to the area. re: Item 5.1 - The speaker expressed concern about starting master plan engagements in the summer.
• C. Bryden, Langford Resident - re: Item 11.1 - The speaker expressed support for the proposal but expressed some concerns regarding the proposed amount for amenity contributions.
• L. Plomp, Langford Resident - re: Item 11.7 - The speaker expressed support for the West Shore Parks and Recreation facilities master plan. re: Item 11.6 - The speaker expressed support for keeping doctors in the West Shore area. re: Item 14.3 - The speaker expressed support for the proposed changes to the development. The speaker requested the developer plant trees to replace the trees being removed. The speaker also requested a rain garden be put in place. The speaker also requested the developer pay for the exterior cleaning of neighbouring homes after the development is completed.
• J. Lioudakis, Langford Resident - re: Item 11.1 - The speaker expressed support regarding the proposed policy, however they would like some amendments.
• L. Foxall, Langford Resident - re: Item 5.1 - The speaker expressed concern regarding the master plan engagement.
• J. Hartshorne, Langford Resident - re: Item 11.1 - The speaker expressed concerns regarding the staff report.
• S. Fox, Vancouver Resident - re: Item 11.1 - The speaker expressed support for the proposed policy, however they would like some amendments.
• C. Supene, Sooke Resident - re: Item 11.1 - The speaker requested that Council repeal the request to developers to stratify multi-family residential projects.

8. CONSENT AGENDA

• Capital West Accessibility Advisory Committee Survey #1 Engagement Summary (RECEIVE)
• Capital West Accessibility Advisory Committee Survey #2 "Accessibility and You" Engagement Summary (RECEIVE)
• Minutes of the Special Council Meeting - June 17, 2024 (ADOPT)
• Minutes of the Council Meeting - June 17, 2024 (ADOPT)
• Minutes of the Special Council Meeting - June 25, 2024 (ADOPT)
• Minutes of the Sustainable Development Advisory Committee Meeting - July 8, 2024 (RECEIVE)

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council adopt the recommendations for each item of the Consent Agenda as presented. · Capital West Accessibility Advisory Committee Survey #1 Engagement Summary (RECEIVE)
· Capital West Accessibility Advisory Committee Survey #2 "Accessibility and You" Engagement Summary (RECEIVE)
· Minutes of the Special Council Meeting - June 17, 2024 (ADOPT)
· Minutes of the Council Meeting - June 17, 2024 (ADOPT)
· Minutes of the Special Council Meeting - June 25, 2024 (ADOPT)
· Minutes of the Sustainable Development Advisory Committee Meeting - July 8, 2024 (RECEIVE)

Motion CARRIED.

9. CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

None were removed.

10. COMMITTEE RESOLUTIONS

10.1 Sustainable Development Advisory Committee Meeting Resolutions - July 8, 2024

10.1.1 3321 Luxton Road Rezoning Application

MOVED BY: WAGNER
SECONDED: SZPAK

THAT Council:

1. Proceed with consideration of First, Second, and Third Reading of Bylaw No. 2180 to amend the zoning designation of the properties located at 3321 Luxton Road from RR2 to RM2A, after the notification process has been completed, and 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. $610 towards the Affordable Housing Reserve Fund; and
   ii. $3,660 towards the General Amenity Reserve Fund; b. That the applicant registers, prior to Bylaw Adoption, a road dedication plan dedicating 2.25m of land along Luxton Road, 3.5m along Brown Road, and 3.0m along Piper Road 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 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; and
   2. 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: 1. A mitigation plan;
   2. A construction parking and deliveries management plan; and
   3. An erosion and sediment control plan. iii. That interim road paving with crown and water control is completed by the developer on the north side of Brown Road, to the satisfaction of the Director of Engineering. iv. That electric heat pumps are installed in the townhouse units. v. 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; vi. That a separate covenant is registered, prior to issuance of a building permit, that agrees to the following: 1. That the owner agrees 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; 2. That the strata be responsible for maintaining the boulevard landscaping from the back of the sidewalk with the exception of boulevard trees; and 3. That the owner acknowledges that the site is located in proximity to agricultural uses and the South Vancouver Island Gun Range, and that these uses may create general noise, odours, and other nuisances, and agree that the owner and all future owners assume all risk and annoyance of such nuisances.

AND 2. If required to accommodate the installation of the BC Hydro infrastructure, delegate the authority to issue the required setback variance within the Form and Character Development Permit, provided that the proposal remains in substantial accordance with what has been demonstrated on the site plan attached to this report.

Motion CARRIED.

10.1.2 2787 Lakeview Terrace Amenity Amendment

MOVED BY: WAGNER
SECONDED: SZPAK

THAT Council:

1. Proceed with consideration of First, Second, and Third Reading of Bylaw No. 2188 to amend the amenity contributions for the property located at 2787 Lakeview Terrace, after the notification process has been completed, and subject to the following terms and conditions: a. That the applicant provides, in lieu of the amenity contributions outlined in section 6.53.03(2)(b) of Zoning Bylaw No. 300, as a bonus for increased density, the following contributions per dwelling unit beyond the permitted density of three residential units, prior to the 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 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 electric heat pumps will be installed in all townhouse units; ii. 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; iii. 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, in favour of the strata.

Motion CARRIED.

11. REPORTS

11.1 Multi-Family Building Stratification

MOVED BY: SZPAK
SECONDED: YACUCHA

THAT Council:

1. Establish that, going forward, Council will no longer require that multi-family housing be strata titled as a condition of rezoning; AND
2. That for buildings that have agreed by covenant to be strata-titled, that the City will accept as an equivalent: a. A housing agreement registered on title agreeing that a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years in accordance with the City’s Attainable Home Ownership Program Policy. b. $7,500 per dwelling unit towards the General Amenity Reserve Fund. c. That the applicant assumes the costs associated with extinguishing the covenant that requires the building to be strata-titled and (if necessary) converting a building from strata title to non-strata title.

Prior to consideration of the Main Motion:

Amendment:
MOVED BY: YACUCHA
SECONDED: HARDER

THAT the main motion be amended by removing:
2 a. A housing agreement registered on title agreeing that a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years in accordance with the City’s Attainable Home Ownership Program Policy.

Motion DEFEATED.
Mayor Goodmanson, Councillors Guiry, Harder, Morley, Szpak and Wagner opposed.

On the Main Motion:

THAT Council:

1. Establish that, going forward, Council will no longer require that multi-family housing be strata titled as a condition of rezoning; AND
2. That for buildings that have agreed by covenant to be strata-titled, that the City will accept as an equivalent: a. A housing agreement registered on title agreeing that a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years in accordance with the City’s Attainable Home Ownership Program Policy. b. $7,500 per dwelling unit towards the General Amenity Reserve Fund. c. That the applicant assumes the costs associated with extinguishing the covenant that requires the building to be strata-titled and (if necessary) converting a building from strata title to non-strata title.

Motion CARRIED.

11.2 Z24-0009 - 1331 Westhills Drive

Councillor Guiry declared an indirect pecuniary conflict of interest due to a personal relationship in respect to item 11.2 and left the meeting at 8:40 pm.

MOVED BY: SZPAK
SECONDED: YACUCHA

THAT Council:

1. Proceed with consideration of First, Second, and Third Readings, following public notification, of Bylaw No. 2184 to amend the text of the Zoning Bylaw to allow for a group daycare with 93 children at 1331 Westhills Drive, subject to the following terms and conditions: a. That the applicant, prior to Bylaw Adoption: i. Amends covenant CA9523186 to include all previously agreed to Transit Demand Management strategies; and ii. Discharges/withdraws covenant CB1265253. AND
2. Amend Section 4.01.01 of Zoning Bylaw No. 300 to allow a flat rate of 118 parking stalls for all uses at 1331 Westhills Drive.

Motion CARRIED.

Councillor Guiry returned to the meeting at 8:49 pm.

11.3 2165 and 2167 Belamy Road - Strata Titling Previously Occupied Duplex

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council endorse the proposed strata titling of the previously occupied duplex at 2165 and 2167 Bellamy Road, with current legal descriptions of PID 016-378-806, Strata Lot A, Section 2, Range 2 West, Highland District, Strata Plan 1993 and PID 016-378-814, Strata Lot B, Section 2, Range 2 West, Highland District, Strata Plan 1993, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1.

Motion CARRIED.

11.4 2940 Irwin Road Encroachment Easement

MOVED BY: HARDER
SECONDED: YACUCHA

THAT Council enter into an Encroachment Easement with the Bishop of Victoria Corporate Sole on the terms attached in respect to 2940 Irwin Road and authorize the Mayor and CAO to execute the agreement with such minor amendments as may be necessary.

Motion CARRIED.

11.5 Award of Construction Contract for Amy Road - West Shore Parkway Roundabout Improvements

MOVED BY: YACUCHA
SECONDED: HARDER

THAT Council award the construction contract for Amy Road – West Shore Parkway Roundabout Improvements to Allterra Construction Ltd. at an amount of $1,059,599 plus GST;
AND
THAT Council authorize the Mayor and CAO, or Corporate Officer, to execute this construction contract;
AND
THAT Council approve the Amy Road – West Shore Parkway Roundabout Improvements capital project 2024 budget increase from $658,337 to $1,298,500.

Motion CARRIED.

11.6 Westshore Primary Care Society Lease Agreement for 313-877 Goldstream Ave

MOVED BY: GUIRY
SECONDED: WAGNER

THAT Council approve the lease agreement with Westshore Primary Care Society on the terms attached with such minor amendments as may be required and that Council authorize the Mayor and Chief Administrative Officer or Corporate Officer to execute the agreement.

Motion CARRIED.

11.7 West Shore Parks and Recreation Facilities Master Plan

MOVED BY: YACUCHA
SECONDED: MORLEY

THAT Council direct staff to work with the West Shore Parks and Recreation Society, and the other West shore municipalities, to prepare an RFP for the development of a collaborative West Shore Recreation Facilities Master Plan.

Motion CARRIED.

12. CORRESPONDENCE

12.1 West Shore Regional Parks & Recreation Facilities Master Plan Funding Request

MOVED BY: GUIRY
SECONDED: YACUCHA

THAT Council approve the funding request of $75,825 for the West Shore Region Parks & Recreation Facilities Master Plan project.

Motion CARRIED.

13. NOTICE OF MOTION

Notice of Motion from Councillor Guiry

Whereas Rick Hansen Foundation Accessibility CertificationTM (RHFAC) is a national rating system that measures and certifies the level of meaningful access of buildings and sites and the Rick Hansen Foundation found that 64% of Canadians have a disability or take care of a person with a disability.
And whereas, one of the key findings of a 2020 Cost Comparison Feasibility Study issued by HCMA Architecture + Design was that when meeting the National Building Code there was a cost increase of 1% to achieve Rick Hansen Foundation Certified Gold which reinforces that “accessibility can be achieved with minimal cost impact through commitment to thoughtful/universal design”.
Therefore, Langford Council directs staff to consider Rick Hansen Foundation Accessibility CertificationTM (RHFAC) when completing the upcoming review of Langford’s Design Guidelines and through this process consider a possible timeline for adopting RHFAC as a standard for all new buildings in Langford.

14. BYLAWS

14.1 BYLAW NO. 2114

“City of Langford Officers Bylaw No. 1880, 2021, Amendment No. 1, Bylaw No. 2114, 2024" (ADOPTION)

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Council adopt Bylaw No. 2114.

Motion CARRIED.

14.2 BYLAW NOS. 2149 & 2150

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

MOVED BY: SZPAK
SECONDED: GUIRY

THAT Council adopt Bylaw No. 2149 and Bylaw No. 2150.

Motion CARRIED.

14.3 BYLAW NO. 2165

“Langford Zoning Bylaw, Amendment No. 717 (775 Latoria Road), Bylaw No. 2165, 2024". (FIRST, SECOND AND THIRD READINGS)

MOVED BY: YACUCHA
SECONDED: GUIRY

THAT Council give Bylaw No. 2165 first, second and third readings.

Motion CARRIED.

14.4 BYLAW NO. 2195

"City of Langford Freedom of Information Bylaw No. 1925, 2020, Amendment No. 1, Bylaw No. 2195, 2024" (FIRST, SECOND, AND THIRD READINGS)

MOVED BY: YACUCHA
SECONDED: SZPAK

THAT Council give Bylaw No. 2195 first, second and third readings.

Motion CARRIED.
Councillors Guiry and Wagner opposed.

15. ADJOURNMENT

MOVED BY: HARDER
SECONDED: MORLEY

THAT Council adjourn the meeting.

Mayor Goodmanson adjourned the meeting at 9:32 pm.

Motion CARRIED.

Presiding Council Member

Certified Correct - Corporate Officer