Staff Report: Updated Bylaw for The Langford Station

BACKGROUND:

The land on which The Langford Station is situated is owned by the Island Corridor Foundation (ICF), a non-profit organization established for the purpose of owning and managing the Corridor. In May 2021, the City entered into an agreement with the ICF for a 30-year lease which includes the land on which The Langford Station is located.

In April 2022, Council adopted two bylaws in relation to The Langford Station:

• “The Langford Station Regulatory Bylaw No. 2033, 2022” (Attachment 1) for regulating activities within The Langford Station; and
• “Station Avenue Fees and Charges Bylaw No. 2010, 2022” (Attachment 2) for setting fees and charges for various uses.

“The Station Avenue Fees and Charges Bylaw No. 2010, 2022” was amended in February 2023 by “Langford Station Fees and Charges Bylaw No. 2010, Amendment No. 1, Bylaw No. 2119, 2023”, and further amended in December 2024 by “Station Avenue Fees and Charges Bylaw No. 2010, Amendment No. 2, Bylaw No. 2187, 2024”. Both amendments provided new fee schedules for the bylaw.

Since the last bylaw amendment, staff have identified opportunities to further address community needs and to clarify the requirements for permits and licences necessary to operate businesses at The Langford Station.

While the City always attempt to educate the public about regulations, and seek compliance, staff are proposing fines for bylaw offences in order to help maintain the safety, security and cleanliness of the Station, should enforcement become necessary.

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COMMENTARY:

The following opportunities are currently available at The Langford Station:

• Thirteen repurposed shipping containers for approved vendors and artists to sell products or demonstrate their art or crafts.
• Organized public events.
• Food truck area complete with power hookups available for rent on a daily or monthly basis.
• Public art installations.
• Live performances and entertainment.

The proposed bylaw contains updated regulations for activities taking place at The Langford Station, clarifies the permit and licence requirements, updates the fees for the various permits and licences, and introduces new regulatory mechanisms to address bylaw violations. In addition, the proposed bylaw creates no-cost opportunities for Indigenous artists to create, showcase, and sell art and wares, and allows vendors with mobile shops to apply to set up within The Langford Station but outside of the designated units.

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(1) Updated Regulations

The current bylaw contains regulations for The Langford Station, including setting out prohibited activities such as:

• Discharging weapons or dangerous toys.
• Camping overnight.
• Creating nuisances, such as fights, panhandling, yelling.
• Hosting an organized event without a permit.
• Failing to keep dogs on a leash except in the designated off-leash area.
• Riding bicycles, skateboards, scooters or similar devices.

A staff review has identified additional activities which require corresponding regulations, as well as an opportunity to make the regulations plain language and consistent with other City bylaws. In addition to revising the above-mentioned regulations, the proposed bylaw contains additional regulations for The Langford Station which include:

• Prohibiting activities such as dumping household or commercial waste, damaging property, and disturbing surfaces and landscape features.
• Restricting certain activities to authorized permit or licence holders, such as performing, or selling food, items, or services.
• Impounding authority for Bylaw Enforcement Officers.

The proposed bylaw contains a reference to the current “Traffic Bylaw No. 33, 1995” in relation to the fees payable for redeeming an impounded item. If the City’s proposed “Streets and Traffic Bylaw No. 2233, 2025” is adopted before this bylaw is considered by Council, staff will amend the proposed bylaw to reference the new “Streets and Traffic Bylaw No. 2233, 2025”.

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(2) Permits, Occupancy Licences, and Organized Events

The current bylaw refers to a “permit” which allows the holder to use The Langford Station for a defined use but does not distinguish what those various uses are, nor define the requirements to obtain permits for different uses.

Based on a review of the various licence and event agreements that the City enters into with vendors and organizers at The Langford Station, staff are proposing a system of permits, occupancy licences, and Organized Event Agreements to better outline the requirements and expectations for using The Langford Station, and to provide guidelines to staff who are approving permits, licences, and events.

The proposed bylaw outlines the requirements and processes for obtaining a General Use Permit which will authorize the holder to perform, entertain, or create or display art. A General Use Permit does not permit the use of a shipping container, does not permit retail activity, and may be granted for up to five calendar days per year per person.

Staff have identified an opportunity for First Nations, Metis, and Inuit artists and performers to utilize The Langford Station without the requirement of a fee. This will provide opportunities for Indigenous creators to display and sell art or perform at The Langford Station but is less formal than an occupancy licence. The Indigenous Vendor permit may be obtained for up to five calendar days per year per person.

The proposed bylaw outlines the following types of occupancy licences:

• Food Truck Vendors
• Retail Vendors
• Incubator Artist Studio

These occupancy licences are intended for longer uses than the permits and will require a Licence Agreement to be signed with the City. All these types of occupancy licences are already in use at The Langford Station.

The proposed bylaw makes provisions for organized events to take place at The Langford Station. The City can enter into an Organized Event Agreement with parties who wish to make use of the Langford Station to host a public event. As the organized events that take place are diverse, the details of each event will be addressed through the event agreement. If any portion of the event occurs outside of the Langford Station, there may be requirements for permits under other bylaws such as the traffic bylaw.

Under the proposed bylaw the Senior Manager of Communications and Economic Development is authorized to establish selection criteria and application forms for the permits and occupancy licences, establish hours of operation for The Langford Station, issue overnight parking permits, and together with the corporate officer, CAO, or Director of Parks, execute occupancy licence agreement on behalf of the City.

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(3) Updated Fees

In December 2024, Council passed “Station Avenues Fees and Charges Bylaw No. 2010, 2022 Amendment 2, Bylaw No. 2186, 2024”, which included a reduction in monthly booking fees for food truck vendors and introduced a new fee model that incorporates the All-Items Consumer Price Index (CPI) for Greater Victoria into automatic yearly fee increases.

Staff are now recommending that any changes in fees be implemented through bylaw amendments and will no longer be automatically increased based on CPI or other metrics. This change will give the City more control over fee increases to ensure any changes are operationally feasible for the City and persons who have permits or licences, reduce staff time in recalculating fees based on CPI increases, and make fees more predictable for vendors.

In addition, the fees associated with permits, organized events, food truck vendors, and retail vendors have been updated in the proposed bylaw:

• The fee for a General Use Permit is $50.00, but a not-for-profit or artist may be granted a General Use Permit without a fee.
• There are no fees for Indigenous Vendor Permits.
• The fee for hosting an organized event is $100.00. Not-for-profits pay a reduced fee of $50.00.
• Monthly food truck vendor fees for the summer months are reduced slightly from $650.00 to $600.00.
• If approved, retail vendors that own their own portable fully contained unit may now operate within the Langford Station but outside of a container unit.

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(4) Regulatory Fines

The Langford Station is a leased space which is designated as a public place. While the City’s approach is to try and educate the public about bylaws and regulations, and achieve compliance through education where possible, the proposed bylaw introduces Bylaw Offence Notice fines and Municipal Ticket Information fines for corresponding regulatory offences. These fines are consistent with fines for the City’s parks regulation, and are intended to help maintain the safety, security and cleanliness of the Station, should enforcement become necessary.

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FINANCIAL IMPLICATIONS:

Revenue generated pursuant to this bylaw will be collected by the City as general revenue which will be used to offset costs incurred including staff time, administration and costs associated with the operation of The Langford Station.

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LEGAL IMPLICATIONS:

Pursuant to the Community Charter, a Council may regulate, prohibit, and impose requirements in relation to public places. Council may also impose a fee in respect of the use of municipal property or all or part of a service of the municipality. Under section 6 of the City’s lease with ICF, the City has the right to enter into licence agreements with various entities, both individual and corporate, to permit them to operate commercial enterprises upon the leased area.

There are no known legal implications at this time.

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STRATEGIC PLAN ALIGNMENT:

• 3a – Develop an Economic Development Plan.
• 3f – Create an Arts and Culture Strategic Plan.
• 5 – Good Governance.
• 6c – Continue to Take Action Towards Reconciliation.

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OPTIONS:

Option 1

THAT the Community Advisory Committee recommend that Council consider giving first, second and third reading to “The Langford Station Bylaw No. 2265, 2026”.

OR Option 2

THAT the Community Advisory Committee recommend that Council take no action with respect to the proposed “The Langford Station Bylaw No. 2265, 2026”, until such time as the following items are addressed and reviewed by the Community Advisory Committee: a. ________________;
b. ________________;
c. ____________.

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SUBMITTED BY: Richard Wagner, Policy Analyst and Legislative Drafter

Concurrence: Melisa Miles, Manager of Legislative Services
Concurrence: Donna Petrie, Senior Manager of Communications & Economic Development
Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence: Leah Stohmann, RPP, MCIP, Director of Community Planning and Development
Concurrence: Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Marie Watmough, Director of Legislative & Protective Services
Concurrence: Braden Hutchins, Deputy Chief Administrative Officer
Concurrence: Darren Kiedyk, Chief Administrative Officer

Attachments:

• Attachment 1 – Current “The Langford Station Regulatory Bylaw No. 2033, 2022”
• Attachment 2 – Current “Station Avenue Fees and Charges Bylaw No. 2010, 2022”
• Attachment 3 – Proposed “The Langford Station Bylaw No. 2265, 2026”