tuesday, april 22 , 2014 @ 7:00 p.m. - langford.caand~minutes/council... · d) belmont dry grad...

CITY OF LANGFORD

REGULAR MEETING OF COUNCIL

Tuesday, April 2 2 n d , 2014 @ 7:00 p.m.

Council Chambers, 3 r d Floor, 877 Goldstream Avenue

AGENDA

1. CALL TO ORDER

2. APPROVAL OF THE AGENDA

3. ADOPTION OF MINUTES

a) Minutes of the Regular Meeting of Council - April 2 2 n d , 2014 001

4. PUBLIC PARTICIPATION

5. DEVELOPMENT VARIANCE PERMIT

a) DVP14-0004 - 3300, 3306, 3310, 3326, 3338, 3340, & 3344 Happy Valley Road 009

6. COMMITTEE RESOLUTIONS

a) Planning, Zoning & Affordable Housing Committee - April 14 t h , 2014 012 1. Bylaw No. 1507; Application to Rezone Parts of Various Properties on Goldstream

Avenue and Donna Avenue situated West of Leigh Road and North of Goldstream Avenue to a New Mixed Use Employment (MUE1) Zone (File Z14-0004)

2. Application to amend the text of the CD18 (Happy Valley / Flatman) Zone in order to allow townhouses and duplexes in addition to one-family dwellings in Phase 4 of "Katie's Pond" (File Z14-0005 - 940 & 949 Flatman Avenue)

3. Application to Rezone 944 Dunford from R2 to RM7A to Allow a four unit townhouse development (File Z13-0020-944 Dunford Ave)

7. REPORTS

a) Affordable Housing Agreement Amendment for 1010 Wild Pond Lane 014 - Staff Report (Planning)

b) Development Variance for Sanitary Sewer Connection at 2510 Echo Valley 017 - Staff Report (Engineering)

c) Admin, Building, Planning, Land Develop. - 1 s t Quarter Report - January to March 2014. - Staff Report (Engineering) 021

d) Belmont Dry Grad Project - Staff Report (Parks & Recreation)

BYLAWS

a) BYLAW NO. 1488 "Langford Zoning Bylaw, Amendment No. 391, (2332 Copper Rock Crt), 2013". (ADOPTION)

a) BYLAW NO. 1507 "Langford Zoning Bylaw, Amendment No. 398, (District 49) 2013". (FIRST READING)

c) BYLAW NO. 1511 "Langford Zoning Bylaw, Amendment No. 401, (2506 Selwyn Rd), 2014". (ADOPTION)

d) BYLAW NO. 1519 "City of Langford Housing Agreement Amendment Bylaw, No. 1 to 1063,2014". (FIRST, SECOND AND THIRD READING)

IN CAMERA RESOLUTION

ADJOURNMENT

CITY OF LANGFORD

MINUTES OF THE REGULAR MEETING OF COUNCIL

Monday, April 7 t h , 2014 @ 7:00 p.m.

Council Chambers, 3 r d Floor, 877 Goldstream Avenue

PRESENT

Mayors. Young,, Councillors: D. Blackwell, L Seaton, W. Sifert, L. Szpak and R. Wade.

ATTENDING

Administrator, J. Bowden, Deputy Clerk, L Kaercher, Planner, L. Stohmann; and Director of Engineering, M. Mahovlich; Treasurer, S. Ternent

ABSENT

Councillor M. Sahlstrom.

1. CALL TO ORDER

The Mayor called the meeting to order at 7:00 p.m.

2. APPROVAL OF THE AGENDA

MOVED BY: COUNCILLOR WADE SECONDED: COUNCILLOR SIFERT

That Council approve the Agenda presented.

CARRIED.

3. PUBLIC HEARINGS

a) BYLAW NO. 1483 "Langford Official Community Plan Bylaw, Amendment No. 15, {3579 Happy Valley Rd and 935 Latoria Rd), 2013".

b) BYLAW NO. 1484 "Langford Zoning Bylaw, Amendment No. 387, (935 Latoria Road and 3579 Happy Valley Road (Rural Residential 6), 2013".

The Mayor opened the Public Hearing for Bylaw No. 1483 and 1484 at 7:01 p.m.

Mayor Young advised members of the audience that any person present who believes that his or her

interest is affected by the proposed bylaws shall be given an opportunity to be heard on the matters

Regular Meeting of Council April 7 th, 2014

Page 2 of8

contained in the proposed bylaw. Those who wish to speak concerning this proposed bylaw should give

their name, address and views concerning the proposed bylaw. Mayor Young advised that after

everyone has expressed their views, he shall state three times "Is there anyone else who wishes to be

heard", and if no further views are forthcoming, the Public Hearing shall be declared closed.

Correspondence dated April 7 t h , 2014 was received from Mr. and Mrs. Quested requesting Council

consideration to lower the density of the proposed development. Richard Irwin of R. Irwin Consulting

Ltd. send a letter dated April 7 t h , 2014 with respect to the successful creek enhancements on Happy

Valley Road accessed via Latoria Road.

The City Planner advised that Cliff Curtis, HV Developments Ltd. has applied to amend the Official

Community Plan designation of a portion of 3579 Happy Valley Rd and 935 Latoria Rd and the purpose

of the Public Hearing was to hear from the public regarding Bylaw No. 1483 and 1484 which, if

adopted, would amend the Official Community Plan designation of a portion of 3579 Happy Valley Rd

and 935 Latoria Rd from Agricultural Strategy Lands to Neighbourhood and to amend the zoning of a

portion of the lands from the AG1 (Agriculture 1) and RR2 (RURAL RESIDENTIAL 2) Zones to a new RR6

(RURAL RESIDENTIAL 6) Zone. This is being proposed in order to allow for the development of a 47-Lot

residential subdivision.

As part of this application, a public hearing is required in accordance with the regulations of the Local Government Act.

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

• $1,000 per unit towards the Affordable Housing Reserve Fund; and • $6,000 per unit towards the General Amenity Reserve Fund (less the cost of the green buffer along

Latoria Road)

• A 1.75 acre portion of park space area and that the park be designated as Class "E" park space (ecological) •"•

Notifications and advertisements have been placed as required by Council policy.

The Mayor called a first time for presentations.

Mr. John Quested of 897 Latoria Road addressed Council and stated he is opposed to the high density of the proposed development

Ms. Heather Johnson of 801 Stanehill Place addressed Council opposed to the proposed development.

Ms. Daphne Carter of 866 Latoria Road addressed Council and stated her concerns with respect to the high density of the proposed development and the increase of traffic associated with the development on Latoria Road.

Mayor Young called a second time for presentations.

Regular Meeting of Council April 7th, 2014

Page 3 of 8

The Mayor called a third and final time for presentation, there being none, the Mayor officially declared

the Public Hearing for Bylaw No. 1483 and 1484 closed at 7:43 p.m.

c) BYLAW NO. 1511 "Langford Zoning Bylaw, Amendment No. 401, (2506 Selwyn Rd), 2014". . • <

The Mayor opened the Public Hearing for Bylaw No. 1511 at 8:43 p.m.

Mayor Young advised members of the audience that any person present who believes that his or her

interest is affected by the proposed bylaws shall be given an opportunity to be heard on the matters

contained in the proposed bylaw. Those who wish to speak concerning this proposed bylaw should give

their name, address and views concerning the proposed bylaw. Mayor Young advised that after

everyone has expressed their views, he shall state three times "Is there anyone else who wishes to be

heard", and if no further views are forthcoming, the Public Hearing shall be declared closed.

The City Planner advised that Albert Mrazek, of A.B.M. Construction has applied on behalf of the

Goldstream Congregation of Jehovah Witness to amend a portion of the zoning of 2506 Selwyn Rd the

purpose of the Public Hearing was to hear from the public regarding Bylaw No. 1511 which, if adopted,

would amend a portion of the zoning of 2506 Selwyn Rd from the PI (Neighbourhood Institutional) Zone

to the R2A (One- and Two-Family Residential A) Zone.

This is being proposed in order to allow for the subdivision of one new residential lot of approximately 890m2 (9,579ft2) in area for the purpose of allowing either a One or Two-Family Dwelling.

As part of this application, a public hearing is required in accordance with the regulations of the Local Government Act.

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

• $4,200 towards the General Amenity Reserve Fund; and • $1,000 towards the Affordable Housing Reserve Fund

This proposal is consistent with the Official Community Plan Neighbourhood designation. Notifications and advertisements have been placed as required by Council policy.

The Mayor called a first time for presentations.

Mayor Young called a second time for presentations.

The Mayor called a third and final time for presentation, there being none, the Mayor officially declared

the Public Hearing for Bylaw No. 1511 closed at 7:41 p.m.


Page 4 of8

4. ADOPTION OF MINUTES

a) Minutes of the Regular Meeting of Council - March 17 t h , 2014

MOVED BY: COUNCILLOR WADE SECONDED: COUNCILLOR SZPAK

That Council adopt the Minutes of the Regular Meeting of Council held on March 17 t h, 2014.

CARRIED.

5. PUBLIC PARTICIPATION

There was no public participation.

6. COMMITTEE RESOLUTIONS

a) Planning, Zoning & Affordable Housing Committee - March 24 t h , 2014

1. Application to vary Zoning Bylaw No. 300 to reduce exterior side yard setbacks for two lots at 3300 Happy Valley Road and to vary Subdivision and Development Servicing Bylaw No. 1000 to permit existing overhead Telus and Shaw wiring to remain overhead on Happy Valley Road for the properties at 3300, 3306, 3310, 3326, 3328, 3338, 3340, and 3344 Happy Valley Road (File: DVP14-0004 - 3300 to 3344 Happy Valley Rd)

MOVED BY: COUNCILLOR BLACKWELL SECONDED: COUNCILLOR WADE

That Council direct staff to proceed with consideration of the following variances for 3300,3306, 3310,3326,3328,3338, 3340 and 3344 Happy Valley Road:

a) That Section 6.27.06(l)(c) of Zoning Bylaw No. 300 is varied by reducing the distance of a building to an exterior side yard lot line from the required 3.5m (11.5ft) to 1.04m (3.4ft) for lot 1 and to 1.05m (3.44ft) for lot 10 at 3300 Happy Valley Road; and

b) That Section 9.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to' allow existing Telus and Shaw Wiring to remain above ground along the Happy Valley Road frontage.

CARRIED.

b) Protective Services Committee - April 1 s t , 2014 1. Fire Department Five Year Financial Plan Report for 2014 - 2018 (Fire)

MOVED BY: COUNCILLOR SECONDED: COUNCILLOR

That Council approve in principle the Fire Department Five year Financial Plan for 2014 - 2018 as presented in the staff report dated April 1, 2014 and refer it to the Treasurer for inclusion in the budget.

CARRIED.


Page 5 of8

2. Police Services Five Year Financial Plan Report for 2014 - 2018 (RCMP)

MOVED BY: COUNCILLOR SZPAK SECONDED: COUNCILLOR SEATON

That Council approved in principle the Police Services Five Year Financial Plan for 2014-2018 as presented in the staff report dated April 1,2014 and refer it to the Treasurer for inclusion in the budget.

CARRIED. 3. West Shore RCMP Detachment Policing Report-February, 2014 (RCMP)


That Council receive the RCMP Monthly Report for February, 2014. CARRIED.

4. Nuisance (General) Bylaw No. 1501 (Bylaw Enforcement)


That Council adopt City of Langford Nuisance Abatement Bylaw No. 1501 as presented.

CARRIED.

At 7:47pm Councillors Sifert and Seaton left the meeting due to a conflict of interest.

7. REPORTS

a) West Shore Parks & Recreation Society Amended 2014 - 2018 Financial Plan - Staff Report (Finance)

MOVED BY: COUNCILLOR BLACKWELL SECONDED: COUNCILLOR SZPAK

That Council approve the West Shore Parks & Recreation 2014 - 2018 Five-Year Financial Plan as amended as outlined in the letter from West Shore Parks & Recreation dated February 24 t h, 2014.

CARRIED.

8:01pm Councillors Sifert and Seaton returned to the meeting.

Regular Meeting of Council April 7 ,h, 2014

Page 6 of 8

b) Building Canada Grant Application - Award of Detailed Design Westshore Parkway Extension - Staff Report (Engineering)

MOVED BY: COUNCILLOR SIFERT SECONDED: COUNCILLOR SZPAK

That Council authorize staff to: 1. Award the contract for the Detailed Design of the Westshore Parkway to On Point Project

Engineers based on their submitted proposal dated April 1 s t , 2014; and 2. Apply for the New Building Canada Fund in the category of Provincial Infrastructure for the

extension and completion of the Westshore Parkway from the Trans Canada Highway to Sooke .Road.

CARRIED.

At 8:01pm Councillors Sifert and Seaton left the meeting due to a conflict of interest.

8. CORRESPONDENCE

a) Capital Regional District Re: West Shore Parks & Recreation - Request for Amendment to Constitution

MOVED BY: COUNCILLOR SECONDED: COUNCILLOR

That Council approve the Westshore Parks and Recreation to amend their constitution to allow for a citizen representative to be appointed to represent the Juan de Fuca electoral Area.

CARRIED. At 8:03pm Councillors Sifert and Seaton returned to the meeting.

b) Vancouver Island South Film & Media Commission Re: Letter of Appreciation

MOVED BY: COUNCILLOR WADE SECONDED: COUNCILLOR SZPAK

That Council receive with thanks the letter of appreciation dated March 11 t h , 2014 from the Vancouver Island South Film & Media Commission.

CARRIED.


Page 7 of 8

9. BYLAWS

a) BYLAW NO. 1483 "Langford Official Community Plan Bylaw, Amendment No. 15, (3579 Happy Valley Rd and 935 Latoria Rd), 2013". (SECOND AND THIRD READING)

MOVED BY: COUNCILLOR BLACK WELL SECONDED: COUNCILLOR WADE

That Council give Bylaw No. 1483 Second and Third Reading.

CARRIED.

b) BYLAW NO. 1484 "Langford Zoning Bylaw, Amendment No. 387, (935 Latoria Road and 3579 Happy Valley Road (Rural Residential 6), 2013". (SECOND AND THIRD READING)



CARRIED.

c) BYLAW NO. 1511 "Langford Zoning Bylaw, Amendment No. 401, (2506 Selwyn Rd), 2014". (SECOND AND THIRD READING)



CARRIED.

d) BYLAW NO. 1512 "Langford Credit Card Payment Fees Bylaw, 2014" (ADOPTION)

MOVED BY: COUNCILLOR SIFERT SECONDED: COUNCILLOR SZPAK

That Council adopt Bylaw No. 1512. CARRIED.

Regular Meeting of Council April 7 lh, 2014

Page 8 of8

10. IN CAMERA RESOLUTION

MOVED BY: COUNCILLOR BLACKWELL SECONDED: COUNCILLOR SIFERT

a) That if is the opinion of Council that the public interest requires that persons other than members of Council and Officers be excluded from the meeting to consider confidential information regarding Legal Matters, Property Acquisition and Disposition and New Service under 90 (l)(g) (e) and (k) of the Community Charter.

b) That Council continues the meeting in closed session.

11. ADJOURNMENT

The Chair adjourned the meeting at 8:05 pm.

PRESIDING COUNCIL MEMBER: CERTIFIED CORRECT Administrator

CITY OF LANGFORD DEVELOPMENT VARIANCE PERMIT

(DVP14-0004) - (3300, 3306,3310,3326, 3338, 3340 & 3344 Happy Valley Rd)

That Development Variance Permit No. DVP14-0004 be issued by the Council for the City of Langford

to Mike Wignall of Westbrook Consulting Ltd. on behalf of Parsi Developments Ltd., to reduce exterior-

side yard setbacks for proposed lots 1 and 10 at 3300 Happy Valley Road (and once subdivided will be

addressed as 3302 and 3303 Radiant Way) and to vary Subdivision and Development Servicing Bylaw No.

1000 to permit existing overhead Telus and Shaw wiring to remain overhead on Happy Valley Road for

the properties at 3300, 3306, 3310, 3326, 3338, 3340, and 3344 Happy Valley Road to permit a 50 lot

residential subdivision subject to the following terms and conditions:

1. Variances

The following regulations are varied under Section 922 of the Local Government Act:

a) That Section 6.27.06(l)(c) of Zoning Bylaw No. 300 is varied by reducing the distance of a building to an exterior side yard lot line from the required 3.5m (11.5ft) to 1.04m (3.4ft) for lot 1 and to 1.05m {3.44ft} for lot 10 at 3300 Happy Valley Road; and

b) That Section 9.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow existing Telus and Shaw Wiring to remain above ground along the Happy Valley Road frontage.

Page 1 of 1

City of Langford www.cityoflangford.ca

Notice of Intention to Consider Issuance of a

Development Variance Permit

Council for the City of Langford hereby gives Notice of Intention to consider issuance of a Development Variance Permit at its Regular Meeting scheduled for 7:00 pm, Tuesday, 22 April 2014, in the City Hall Council Chamber on the Third Floor of 877 Goldstream Avenue.

File Development Variance Permit No. DVP14-0004

Applicant Mike Wignall, Westbrook Consulting Ltd.

Location

Proposal

Purpose

3300 Happy Valley Rd; 3306 Happy Valley Rd; 3310 Happy Valley Rd; 3326 Happy Valley Rd; 3338 Happy Valley Rd; 3340 Happy Valley Rd; 3344 Happy Valley Rd

1. That Section 6.27.06(l)(c) of Zoning Bylaw No. 300 is varied by reducing the distance of a building to an exterior side yard lot line from the required 3.5m (11.5ft) to 1.04m (3.4ft) for lot 1 and to 1.05m (3.44ft) for lot 10 at 3300 Happy Valley Road; and

2. That Section 9.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow existing Telus and Shaw Wiring to remain above ground along the Happy Valley Road frontage

To permit the development of a residential subdivision of approximately 50 lots on Happy Valley Rd.

The purpose of this Notice is to acquaint the property owners and residents in the area with the specifics of the proposed variance. We request that the Administrator receive any written submissions by Wednesday, 16 April 2014. The submissions will then be distributed for Council's consideration. You may also speak at the Council Meeting of Tuesday, 22 April 2014 during the Public Participation Section at the beginning of the meeting.

Relevant background information and a draft of the permit are available in the Planning Department for perusal Monday through Friday, except Statutory Holidays, during office hours (8:30 am to 4:30 pm). If you have any questions, please call Grant Liebscherthe Planning Department.

JintBowden '^Administrator 2014-04-08

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DEVELOPMENT VARIANCE PERMIT

3300, 3306, 3310, 3326, 3338, 3340 & 3344 Happy Valley Rd

DVP14-0004

Scale: N.T.S. Last RavisediFebruarv 24, 2014

CITY OF LANGFORD

RESOLUTIONS OF THE PLANNING, ZONING AND AFFORDABLE HOUSING COMMITTEE MEETING

Monday, April 14 t h, 2014

1. Bylaw No. 1507; Application to Rezone Parts of Various Properties on Goldstream Avenue and Donna Avenue situated West of Leigh Road and North of Goldstream Avenue to a New Mixed Use Employment (MUE1) Zone (File Z14-0004)

1. That Council proceed with the rezoning of the various properties on Goldstream Avenue and

Donna Avenue situated West of Leigh Road and North of Goldstream Avenue by giving Bylaw

No. 1507 first reading as presented, subject to the following terms and conditions:

a. that fire department access routes, fire department connections, fire alarm annunciator panels and blue strobe lights, and fire hydrants be installed to the satisfaction of the Fire Chief and Chief Building Inspector, and that Fire department response plans, showing these key elements, be prepared in consultation with the Fire and Buiiding Departments, early in the design phase of the site and buildings;

b. That the owner provides technical studies or reports in regards to: • sanitary sewer flow, capacity and storage; • Water (both domestic supply and fire flow); and • Electrical utilities and telecommunication infrastructure and stormwater management;

and

That these be provided to the satisfaction of the Director of Engineering, and ensure

that the needs of the proposed development and downstream capacity are considered,

and can and will be met.

c. That the applicant provide a traffic study to the satisfaction of the City Engineer; d. That the applicant consolidate the lands within the MUE1 Zone and subdivide off those

portions of lots that are not within the MUE1 zone prior to any development of the land; e. That the applicant consolidate remnant lands lying north of the Trans-Canada Highway,

• under the present zoning, and that Council direct staff to prepare a Development Variance Permit to vary Sec.6.1. of Subdivision and Development Servicing Bylaw No. 1000 to allow for the creation of a lot without the provision of municipal sanitary sewer;

f. That the City agrees to transfer the unused portion of Hartsdale Road when compensatory road area to the satisfaction of either the Approving Officer or Director of Engineering has been provided;

g. That the applicant preserve and protect a 75m (250 ft) buffer from the existing edge'of the TransCanada Highway by way of a Sec. 219 covenant registered in priority over all other charges on title at the time of lot consolidation;

2. That any public hearing for land use and zoning also consider telecommunication towers, and that the City convey to Industry Canada that the City of Langford is satisfied that the public has been duly consulted on this matter.

P12

PZ&A H Committee April 14th, 2014

Page 2 of2

2. Application to amend the text of the CD18 (Happy Valley / Flatman) Zone in order to allow townhouses and duplexes in addition to one-family dwellings in Phase 4 of "Katie's Pond" (File Z14-0005 -940 & 949 Flatman Avenue)

That Council direct staff to prepare a bylaw to amend the CD18 (Happy Valley/Flatman) Zone subject to the following terms and conditions:

a) That attached housing, townhouses and two-family dwellings are added as permitted uses within Area 1; and

b) That the regulations summarized in Table 3 of this report with respect to these new permitted uses are added to the appropriate sections of the Zone;

c) That the owner agrees to provide, as a bonus for increased density, the following contributions prior to subdivision approval for one-family dwellings and prior to Building Permit issuance for two-family dwellings and townhouses:

i. $3,960 per one-family dwelling lot towards the General Amenity Reserve Fund;

ii. $3,960 per Yz duplex towards the General Amenity Reserve Fund; iii. $3,660 per townhouse unit towards the General Amenity Reserve Fund; iv. $660 per one-family dwelling lot towards the Affordable Housing

Reserve Fund; v. $660 per Yz duplex towards the Affordable Housing Reserve Fund; vi. $610 per townhouse unit towards the Affordable Housing Reserve Fund.

3. Application to Rezone 944 Dunford from R2 to RM7A to Allow a four unit townhouse development (File Z13-0020-944 Dunford Ave)

rThat Council direct staff to prepare a bylaw to amend the zoning designation of the property located at 944 Dunford Avenue from R2 (One- and Two-Family Residential) to RM7 (Medium-density Apartment A) subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per new lot created, prior to subdivision approval:

i. $$2,562 towards the General Amenity Reserve Fund; H. $610 towards the Affordable Housing Reserve Fund; and

b) That the owner register, prior to bylaw adoption, an easement over the driveway area on the eastern side of the property, of a minimum width sufficient for 2-way vehicle traffic and emergency vehicle access, giving access over that portion -6f*944 Dunford to 942 Dunford, to the satisfaction of the Director of Planning;

c) That the applicant provide, prior to issuance of a Development Permit, an arborist's report and tree protection plan to the satisfaction of the City Planner.

P13

City of Langford www. city of langford. ca

Staff Report

to

Council

Department:

Date: April 22,2014

Planning

Application No.: 6710-30 Affordable Housing Properties

Subject: Bylaw No. 1519 - Amendments to Housing Agreement

Background At their Regular Meeting on December 16 t h, 2013, Council passed the following resolution with respect to amendments to the standard Housing Agreement:

1. Direct staff to proceed with amending the Affordable Housing Agreement template and modifying at the time of resale the affordable housing agreements currently registered on title by adding the following items:

a) Allow co-signers on mortgages provided that the co-signer signs a Statutory Declaration drafted by a lawyer stating that the co-signer has a 1% undivided interest only for the purposes of obtaining financing from the Lenderto complete the purchase, not living atthe residences and waive any future claim and equity to the property;

b) Give the city the following options when an affordable house comes up for resale in the 20th

year, or thereafter:

i. A first right of refusal to purchase an affordable house and rent it out 30% below market rate, or a percentage determined by Council, for the remainder of the time in which the housing agreement is on title (25 years) and use the revenues towards other affordable housing projects In the community; or

ii. Extend the expiration of the housing agreement by 10 years, or by a given amount of time determined by Council (5,10,15 or 20 years);

The first resale of an affordable house following Council's resolution is currently underway. There is an opportunity to discharge the original Housing Agreement registered as a Section 219 Covenant on the

That Council

2nd Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 2X8 T • 250-478-7882 F • 250-478-7864 P14

Amendments to Housing Agreement Page 2 of 3

affordable housing lot subject to resale and replace it with a new housing agreement as directed in item 1(a) in Council's resolution above.

With respect to item 1(b) in Council's resolution above, the City's solicitor has provided additional legal advice concerning the City's right of first refusal to purchase an affordable house after the 20 t h year, which will be discussed in more detail below.

Commentary The changes being made to the Housing Agreement are as follows:

• Added definitions for "Lender" and "Mortgage Co-signer;" • Added the terms and conditions of a "Mortgage Co-signer," and the statutory declaration as a

schedule; and • The original housing agreement was registered at Land Titles Office (LTO) on 14 June 2005. The

expiration clause of this covenant states that the covenant expires and is of no future force and effect on and after the date that is twenty-five (25) years from the registration of the covenant against title to the Lands at the LTO. In order to honour this expiration clause, the new housing agreement includes the expiration date of 14 June 2030 (twenty-five years after the original housing agreement was registered at LTO).

Council may wish to note that the Local Government Act requires that any change to the Housing Agreement must be done by bylaw. Staff have drafted Bylaw No. 1519 to authorize Council to discharge the Housing Agreement currently registered on title and enter into a new one, which includes the changes summarized above. Council may wish to give the first three readings of Bylaw No. 1519 as drafted.

The City's solicitor has advised that options regarding the purchasing of an affordable house and renting it below market rate or extending the expiration of the housing agreement should be set out in a separate legal document called "Right of First Refusal" and registered in the Land Titles Office as a legal notation. Staff are working with the City's solicitor in drafting this legal document.

Financial Implications

The legal fees will cost approximately $750 per housing agreement to make the above changes.

Legal Implications

The revised Housing Agreement - Section 219 Covenant must be signed by the owner of the affordable house currently for sale and the City of Langford, and registered in the Land Titles Office.

Options

That Council:

1. Give first, second and third readings of Bylaw No. 1519 as drafted;

OR

2. Take no action at this time with respect to Bylaw No. 1519.

P15

Amendments to Housing Agreement Page 3 of 3

:it


Staff Report

to

Council

Date: April 22, 2014

Department: Land Development

Application No.: DVP14-0006

Subject: Development Variance for Sanitary Sewer Connection at 2510 Echo Valley

Background George Banning has applied on behalf of Paul Goudy and Kristen Peters to vary section 6.1.1 of Bylaw 1000 to permit a subdivision where it is proposed that the existing dwelling would not connect to the municipal sanitary sewer system. The developer is currently in the subdivision process to create 10 new lots that includes an open space covenant area and a remainder lot that would be further subdivided in a later phase as shown on the proposed Subdivision Plan EPP36903 attached as Appendix A.

Commentary The development site is a mix of undulating rocky outcrops and sloped forested areas. 2510 Echo Valley is not connected to sanitary sewer and has the benefit of a blanket easement for access, electricity and telecommunication transmission over a number of neighbouring properties including 2500 Echo Valley, an un-addressed remainder parcel, 2235 Players Drive and 1000 Gade Road.

The property is subject to Development Agreement Covenant FB309180 that requires at least 55% of the land be preserved as open space. An open space preservation plan has been submitted based on the recommendations of the project biologist, Cascadia Biological Services. The open space area is shown as Part 8 on the Subdivision Plan.

The existing dwelling is shown as Lot 9 and is separated from the other proposed lots by the open space area. Unlike the other lots in the subdivision, Lot 9 would not access from High Forrest Close. It is proposed to access from the existing easement or a new driveway off of Players Drive.

Municipal sanitary sewer systems exist to the north of the subject property at Grand Forest Close and to the south at Echo Valley Drive. The existing sewer at Grand Forrest is approximately 40m above the existing dwelling elevation and would require the installation of a significant private pump system and

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disturbance of the open space area contrary to the recommendations of the biologist. The sewer on Echo Valley is approximately 95m below and 950m away from the existing dwelling.

The municipal sanitary sewer on Echo Valley is currently being extended westward by the developer of Phase 10 at 1000 Gade Road. However, these works will not provide an opportunity for Lot 9 to connect to sewer as they are separated by Area 4 of the CD6Zone Map Schedule O. The CD6Zone Map Schedule O divides the lands in the CD6 Zone into six land use categories. Area 4 is reserved for Ronald McDonald House or similar use providing accommodation for the relatives of seriously ill children.

The CD6 Zone does permit development on the adjacent lands at 2235 Players Drive. However, the City has not received an application for development of these lands and the timeline for this development is unknown and the location of a possible connection point at the property line has yet to be determined.

Financial Implications There would be no financial implications to the City. The developer would be required to pay Sewer Capital Recovery Fees as assessed by the City according to the West Shore Environmental Services Sewer Utility Agreement prior to the registration of the subdivision plan.

Legal Implications Council may wish to require the developer to grant to the City a covenant under s.219 of the Land Title Act that requires the owner to connect Lot 9 to the municipal sanitary sewer system within six months of a sewer main being installed in a highway orstatutory right of way abutting the lot

Options That Council:

1. Direct Staff to prepare a Development Variance Permit with the following variance to Section 6.1.1 of Subdivision and Development Servicing Bylaw 1000 to allow the subdivision of the existing dwelling shown as Lot 9 on the proposed Subdivision Plan EPP36903 attached as Appendix A without connecting to the municipal sanitary sewer system under the following circumstances:

a. That the developer submit approval of the existing septic system from the Vancouver Island Health Authority priorto registration of the subdivision plan

b. That the developer grant to the City a covenant under s.219 of the Land Title Act that requires the owner to connect Lot 9 to the municipal sanitary sewer system within six months of a sewer main being installed in a highway orstatutory right of way abutting the lot

c. Payment of the Sewer Capital Recovery Fee (SCRF) to the West Shore Environmental Services or the City of Langford

2. Reject this application for Development Variance Permit

P18

of4

Respectfully submitted,

Mike Leskiw, MA Parks Manager

Steve Ternent Treasurer

Brent Molnar A.ScT Manager of Land Development

Michelle Mahovlich, P.Geo., P.Eng. Director of Engineering

:jo

of4

Appendix A - the Proposed Subdivision Plan EPP36903

Subdivision Plan of Lot 1, Sections 1 and 2, Range 4 West, Highland District, Plan VF83411 BCGS SZB.043

PLAN EPP36903

Remainder Section 83

Highland District

TM I(M fcyw/n^cxj<Ud by Udi Mai a i l

City of Langford www. cityof(angford. ca

Staff Report

to

Council

Date: April 22,2014

Department: Administration, Building, Planning, Land Development Departments

Subject: 1 s t Quarter Report - January 1,2014 to March 31,2014

PLANNING DEPARTMENT New Applications Application Received Issued Civic Address Proposal

1. Z-14-01 29-Jan-14 760 Latoria Rd RR2/P2 to R4 with R2 setbacks for 24 lot subdivision

2. Z-14-02 16-Jan-14 ll-Mar-14 3067 & 3139 Jacklin Rd New C10 Zone for Old Belmont School Site

3. Z-14-03 7-Jan-14 3-Mar-14 1220 Parkdale Dr Omnibus #38 With Respect to Floor Area Ratio and Off-Street Parking

4. Z-14-04 18-Feb-14 1144-1198,1216-1230 Goldstream Ave, 1136 Donna Ave

Business and Technology Park (Districtl}

5. Z-14-05 20-Feb-14 940 & 949 Flatman Ave (PH 4 -Katie's Pond)

Comprehensive development with SFD, duplexes and townhouses

6. DVP-14-01 8-Jan-14 3277 Piper Rd, 3276 & 3279 Merlin Rd

Side yard Setback reduction

7. DVP-14-02 23-Jan-14 17-Feb-14 1220 Parkdale Dr Bylaw 1000 - Security for YMCA

8. DVP-14-03 5-Feb-14 3-Mar-14 3377, 3379, 3381, 336S, 3370, 3372,3374 Radiant Way

Height Variance

9. DVP-14-04 12-Feb-14 3300 - 3344 Happy Valley Rd N Side yard setback Lots 1 & 10, Bylaw 1000 overhead wiring

10. DVP-14-05 5-Mar-14 667 Rockingham Rd Legalize previous construction

11. DVP-14-06 7-Mar-14 2510 Echo Valley Dr Bylaw 1000 - sewer hook-up requirement

12. SDP-14-01 10-Jan-14 20-Jan-14 975 Langford Pkwy 4 Facade signs - Quality Foods

13. SDP-14-02 14-Jan-14 #109 - 777 Goldstream Ave 1 Sandwich Board - VS Vapour Solutions

14. SDP-14-03 14-Jan-14 23-Jan-14 #143- 2955 Phipps Rd 1 Facade - Nexgen Hearing Solutions

15. SDP-14-04 14-Jan-14 17-Feb-14 977 Langford Pkwy 1 Freestanding - Parkway Plaza 16. SDP-14-05 28-Jan-14 30-Jan-14 2806 Jacklin Rd 1 Freestanding

and Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 3X8 T • 250-478-7882 F • 250-391-3437

April 22,2014 1st Quarter Report Page 2 of S

New Applications Application Received Issued Civic Address Proposal

17. SDP-14-06 5-Feb-14 10-Mar-14 #840 -2945 Jacklin Rd 2 Freestanding-Tim Hortons

IS. SDP-14-07 7-Feb-14 783 Goldstream Ave 6 Fagade - Browns Socialhouse

19. SDP-14-08 7-Feb-14 26-Feb-14 975 Langford Pkwy 2 Facade- Capital Iron

20. SDP-14-09 18-Feb-14 • 28-Mar-14 2955 Phipps Rd 6 Fagade - Sportchek

21. SDP-14-10 21-Feb-14 2445 Milistream Rd 5 Freestanding - McDonalds

22. SDP-14-11 26-Feb-14 17-Mar-14 2800 Bryn MaurRd 1 Facade - Gringo's Mexican Grill

23. SDP-14-12 4-Mar-14 ll-Mar-14 713A Goldstream Ave 1 Fagade - Ooh La La Cupcakes

24. SDP-14-13 12-Mar-14 21-Mar-14 777 Goldstream Ave 2 Fagade-Dollarama

25. SDP-14-14 12-Mar-14 21-Mar-14 711 Goldstream Ave 1 Fagade - Dark Horse Tattoo

26. SDP-14-15 19-Mar-14 737 Goldstream Ave 2 Fagade - Darcy's Pub

27. SDP-14-17 27-Mar-14 1096 and 1098 Goldstream Ave

5 Fagade - Go Tim Motosports, Glen Lake Auto, Dad's Soup & Sangy, Retail Electric Bikes, Automotive Repair, Take-out Food

28. DP-14-01 2-Jan-14 1010 McCallum Rd F&C-2 storey-1 Storey Warehouse

29. DP-14-02 14-Jan-14 14-Mar-14 2792 Peatt Rd F&C-Amends DP12-0049

30. DP-14-03 8-Jan-14 16-Jan-14 3277 Piper Rd, 3276 & 3279 Merlin Rd

Side yard Setback reduction

31. DP-14-04 24-Jan-14 21-Feb-14 #109-2955 Phipps Rd Interior alteration, exterior fagade change

32. DP-14-05 20-Feb-14 2500 Florence Lake Rd Environ mental - sewage system

33. DP-14-06 24-Feb-14 2445 Milistream Rd Minor Commercial - McDonalds

34. DP-14-07 25-Feb-14 7-Mar-14 1999 Country Club Way F&C - outdoor swimming pool & whirlpool addition

35. DP-14-08 5-Mar-14 14-Mar-14 3006 Leigh Rd Environmental Riparian Restoration

36. DP-14-09 7-Mar-14 20-Mar-14 940 & 949 Flatman Ave Environmenta 1-10 Fee Simple Lots & 19 strata lots

37. DP-14-10 12-Mar-14 1220 Parkdale Dr F&C Stage 3, Paradise Falls Ph 1, 18 lots

38. DP-14-11 19-Mar-14 2817 Lake End Rd Environmental - hot tub & pad & dock

39. DP-14-12 28-Mar-14 2396 and 2397 Bellamy Rd Environmental - PH 1 of 2 lots

Current Applications Type of Application In Process Issued/Adopted This Quarter

Agricultural Land Commission l 0 Development Permits* 23 6 Sign Development Permits 36 11 Development Variance Permits 18 6 OCP Amendments 5 0 Temporary Use Permits 0 0 Zoning Amendments 32 4 TOTAL 115 27

P22

April 22,2014 1st Quarter Report Page 3 of 8

Applications Received to Date

ALR DP ADP DVP OCP SDP ASDP Strata TUP Zoning Total

1994 0 7 0 3 4 0 0 2 0 10 26

1995 3 14 1 9 6 0 0 0 0 15 48

1996 4 24 0 6 7 0 0 0 0 15 56

1997 1 22 0 12 16 0 0 0 0 28 79

1998 2 24 0 17 16 0 0 0 0 24 83

1999 2 24 1 11 11 0 0 0 0 19 68

2000 1 22 0 19 8 0 0 2 0 24 76

2001 0 34 9 21 12 0 0 0 1 23 100

2002 3 46 7 29 8 32 2 0 0 27 154

2003 3 60 13 40 12 28 0 0 0 22 178

2004 1 47 14 36 17 29 0 0 1 38 183

2005 1 61 21 38 16 51 0 0 1 31 220

2006 6 65 26 15 18 76 2 0 1 37 246

2007 0 71 15 29 23 74 3 0 0 48 263

2008 5 56 21 19 2 52 1 0 0 35 191

2009 2 39 14 20 2 53 1 0 1 26 158

2010 0 70 8 26 2 43 1 0 2 20 172

2011 0 62 0 37 1 40 0 0 6 32 178

2012 1 63 0 30 7 48 0 0 4 45 198

2013 0 49 0 27 2 39 0 0 3 20 140

2014 1 12 0 7 0 17 0 0 0 5 42

Total 36 872 150 451 190 582 10 4 20 544 2859

Applications Received By Year To Date

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 H Agricultural Land Reserve m Development Permits 0 Amended Development Permits

H Development Variance Permits H Official Community Plan Amendments QSign Development Permits

HAmendedSign DPs • Strata-Title Applications ^Temporary Industrial Use Permits

0 Zoning Amendments

P23

April 22, 2014 1st Quarter Report Page 4 of 8

Fees Collected By Type of Application by Month and By Year

ALR DP DVP Rezoning PH SDP TUP Monthly

Total Total to

Date

Jan S $ 10,850 $ 7,050 S 18,600 S 2,200 $. 800 $ $ 39,500 $ 39,500

Feb S $ 8,823 $ 1,250 S 20,600 S 4,400 $ 1,700 $ S 36,773 $ 76,273

Mar $ 600 $ 18,500 $ 2,500 $ $ S 1,050 $ S 22,650 $ 98,923

Apr $

May $

Jun $ Jul $ Aug $ Sep $ Oct

Nov

Dec

Total $ 600 $ 38,173 S 10,800 $ 39,200 $ 6,600 $ 3,550 $ S 98,923 $ 98,923

2014 $ 600 $ 38,173 $ 10,800 S 39,200 $ 6,600 $ 3,550 s S 98,923 $ 98,923

2013 $ 600 $ 38,173 S 10,800 $ 39,200 S 6,600 $ 3,550 $ S 98,923

2012 $ 300 $ 190,621 $ 20,475 $ 192,752 S 76,630 $ 8,050 S 4,825 '$ 493,653

2011 $ $ 242,039 $ 34,450 $ 91,120 S 44,100 $ 7,625 S 3,525 '$ 422,859

2010 S 1,200 $ 339,882 $ 29,055 $ 50,075 S 24,300 $ 6,600 S 2,350 $ 453,462

2009 $ 600 $ 177,908 $ 24,330 S 133,750 S 26,400 S 10,800 $ $ 373,788

2008 S 3,600 $ 286,539 $ 19,990 $ 149,982 S 55,311 $ 11,445 $ '$ 526,867

2007 S $ 277,015 $ 31,577 S 130,696 $ 91,473 S 14,405 $ S 545,167

2006 $ 3,150 $ 372,655 $ 15,425 S 139,796 S 40,600 $ 14,800 $ S 586,426

2005 $ 300 S 412,137 S 34,195 $ 178,171 S 36,400 $ 10,270 S 671,474

2004 S S 261,296 $ 30,920 $ 167,845 $ 45,766 $ $ S 505,828.

2003 $ 1,200 S 178,048 $ 39,965 $ 182,920 S 24,850 $ $ '$ 426,983

2002 $ S 97,072 S 37,851 S 61,082 $ 20,262 $ $ $ 216,266

* 2014 fees calculated to March 31,2014

LAND DEVELOPMENT The City received the following Subdivision applications in the first quarter of 2014:

Sub Number Location Status Application Date

SOC Issued Date

# of Lots

SUB14-0010 2309 Echo Valley Drive Boundary Adjustment 2014-03-28 SUB14-0009 975 Walfred Road Application 2014-03-28 4 SUB14-0008 3185 Glen Lake Road Application 2014-03-03 2 SUB14-0007 Westhills,St3, Phi,

Parkdale Creek Crossing Application 2014-02-04 2014-04-01 17

SUB14-0006 3143 Jacklin Road (Sobey's) Application 2014-02-04 2014-03-19 1 SUB14-0005 3187 Glen Lake Road Application 2014-02-04 2014-04-01 1 SUB14-0004 1318 Rosewell Avenue

{YMCA) Application 2014-01-31 2014-03-31 1

SUB14-0003 760 Latoria Road Application 2014-01-29 24 SUB14-0002 727 Massie Drive Withdrawn 2014-01-17 1 SUB14-0001 2376 Setchfield Avenue Application 2014-01-03 7

TOTAL LOTS THIS QUARTER 58


The average processing time (excluding those files that are located on Bear Mountain and are subject to the BC Hydro service restriction) are as follows:

Average Processing Time in Number of Days Year 1 s t Quarter 2 n d Quarter 3 r d Quarter 4 t h Quarter

2012 29.6 77.6 72.8 79.9 2013 60.2 36.6 57.1 42.5 2014 53.5

Subdivision fees received are as follows:

Subdivision Budget 2014 Variance 10-02-115-472-0000-0078-Subdivision Application Fees $130,000 $26,230 $103,770 10-02-115-472-0000-0079-Subdivision Final Approval $45,000 $6,650 $38,350 10-02-115-472-0000-0080-Strata Conversion Applications $1,000 $0 $1,000 10-02-115-472-0000-0081-Subdivision Onsite Eng Approval $80,000 $19,227 $60,773 10-02-150-472-0000-0548-Latecomer Processing Charges $1,500 $0 $1,500

Subdivision activity is remaining consistent with that activity largely found in south Langford (primarily), with minor amounts of activity on Bear Mountain, start-up activity on Latoria Road and smaller infill subdivisions occurring City Wide.

South Langford remains an active area, and storm drainage obstacles have now been identified and acknowledged by the Developers with an understanding gained of how works are to proceed. The storm drainage requirements are to increase storage within the existing creek channel so that flood-plain areas are managed. Previously identified sanitary sewer obstacles have also been resolved, with the sewer now installed along Latoria. Concept plans, for road connectivity and interconnectivity have been created and shared with all developers with a current interest in the lands. These concepts do not limit a single properties ability to proceed at their desired speed, nor do the concept plans force a hold pattern for the developers, but rather put forward an interconnectivity to the lands so a secondary road network is established. Temporary access routes will be permitted as best to enable the development.

Several developments in South Langford have identified the following:

• CRD Water - Water restrictions in the higher elevations located to the east of Happy Valley Road and that existing service to the Ronald/Chan area of Langford (west of Sooke Road) would require upgrade should that system extend along Sooke Road to the South. CRD has also identified a water restriction due to pressure along Goldstream Ave (specifically 544 Goldstream) that is to be resolved with pumps installed by the developer.

• The School District has identified capacity issues in regards to school administration abilities in South Langford.

Westhills activity has slowed, due largely to the cost of Hydro infrastructure, however is proceeding with a recently received DVPfora small area that will serve the newly terra-formed lands known as Phase 3. Skirt Mountain has been issued a Statement of Conditions for the portion of land that is south and west of the existing parkway alignment.

Bear Mountain has Hydro service difficulties and is largely on-hold until the Hydro servicing is resolved. There is an available capacity, but this capacity is limited to less than 50 homes and this capacity has


now been fully allocated to Ecoasis (Bear Mtn Developer). This allocation will enable Ecoasis to commence subdivision activity in an area known as Hedgestone Lane (upper portion) which will impact hole 10 on the Mountain course. Hole 10 has been re-constructed (2013) to enable this development. Staff are working closely with Ecoasis and BC Hydro to ensure the development can proceed, and recent discussions with both parties have aligned the process to limit obstacles. As the Capacity has now been fully allocated, the mountain has no ability to develop additional lots until such a time as BC Hydro, BCUC and Ecoasis (Bear Mountain) reach a conclusion to the issue which may involve other parties (such as Skirt Mountain). Staff have been advised that this conclusion to the debate will occur in 2014 (likely prior to July).

There is minor activity occurring along Sooke Road, however CRD Water infrastructure and lack of sanitary sewers force any development in this area to apply for Variances (Sanitary and potentially Water) to proceed. Where that subdivision activity has been centered around Awsworth Drive at Sooke Road, variances have been granted for sewer and water by Council, but the developer is still working through servicing obstacles as the relief from CRD Water supply does not negate the need for potable water to be provided to each lot within the development lands.

Subdivision Activity (Number of Lots)

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

a Received (applied for) a Final (Registered}

P26


C i t y o f L a n g f o r d B u i l l d i n i Inspection Department

Quarterly Reportforthe 1st quarter of 2014

1st Qtr 2014 "1st qtr 2013

mviViCftvoMtS an ford, ca

CoJTstnictian Costs ^.OOI ,357.00

Permit Fees i §306,775.70

§16t121,749.a0|

L Sie0,733.40|

P27


Respectfully submitted,

Michelle Mahovlich, M.Eng., P.Geo., P.Eng. Brent Molnar, AScT Director of Engineering Approving Officer

:tlc/sc

P28

City of Langford www.a'tyoflangford.ca

Staff Report

to

Council

Date: April 22,2014

Department: Parks & Recreation

Subject: Belmont Dry Grad Project

Background Belmont Secondary School principal Ray Miller has indicated that the school is seeking financial support from the City of Langford for their graduating class Dry Grad and Prom Event held at Eagie Ridge Arena each year.

For the past four years the City has given Belmont Secondary School $10,000 to hold an evening Prom event at City Centre Park. SD62 does not fund such events, so it is up to students and families to volunteer their time on this endeavor. The graduating class students in the past have thanked the City by contributing labour and time planting at the Leigh Road Interchange, Luxton Detention Pond, and Glen Lake Park Rain Garden.

If Council is able to fund this event again this year, staff propose to have the students remove invasive species at the Glen Lake Park Rain Garden, and plant more native plants. With MOTI permission, staff also propose planting Palm Trees at the Leigh Road Overpass embankment beds. Parks staff will be present at each site supervising the students and overseeing the work.

Financial Implications The City will need to allocate $10,000 in the 2014 budget to Belmont Dry Grad.

Legal Implications None.

Options

ThatCouncil directstaff to:

1. Work with Belmont Secondary School Dry Grad students on a landscape project and contribute the amount of $10,000 toward the Belmont Secondary School Dry Prom and Safe Grad. OR

2. Do not pursue this project with Belmont Secondary School at this time.

Respectfully submitted.

Commentary

Steve Ternent Jim Bowden Treasurer Administrator

2nd Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 2X8 T • 250-478-7882 F • 250-478-7864

P29

BELMONT

3067 Jacklin Road Victoria, BC V9B 3Y7 Canada Tel (250) 478-5501 Fax {250} 478-2879

To Mayor Young and Langford City Council:

February, 2014 I am writing this letter on behalf of the 2014 Belmont Secondary School Graduating class. We are planning our DRY Prom and Safegrad. We are very excited to be offering this to our Grads of 2014. We hope to continue this special tradition for our community. The Prom Committee is dedicated to engaging all our community partnersaand we believe this event can create a wonderful magical evening that focuses on the safety of our youth. Our DRY Prom and Safegrad will be held in the City Center Recreation, and promises to be an exciting evening of special events, and memorable times. This willbemetinrd time that an all night Safegrad has ever been offered. The Grads will start their Safegrad directly after the Prom, and will commit to staying inside the facility until after breakfast in the morning. There will be several activities going through the night

It is very important for us to keep this very special event in our local area, promoting and putting money back into our local businesses. la order to provide this DRY Prom and SafegracL we are asking local businesses to help with donations.

We at this time would like to offer our services to the city of Langford for any special projects that may be in Langford's near fiiture. We would like this to be an ongoing partnership where this year and years to come the city of Langford can count on our youth to help out the community. Our grads are excited to partake in community projects that could benefit our local area. The city of Langford has been incredibly supportive to our youth and it is important to us to recognize this by giving back. This is an exciting opportunity for us to put back into the community and have the community more aware of

the great impact our youth can have. Please feel free to ask us to partake in a project of your choosing or i f you would like us to come up with some ideas. Our group is very open to any ideas and want to give back to our community. We are hoping that the city of Langford waill

rbe also interested in helping fund our very special event. ^

Our focus is to keep our youth safe for such a rnilestone event and continue to keep the Dry Prom and Safegrad a celebration that is not cost prohibitive for our families. We will strive to provide a wonderful excitjng all night event to keep our youth in a safe environment. . £

Thank-you so much, Belmont Prom Committee:

Darlene Younger: chair youngerandyoungerfSlgmail.com. 250-888-1595 MAR 2 7.20ft-

Belmont Representative: Principal Ray Miller • RKlfrtftHlt

• OMhMaU#ri»r • .GUyENtmr

• Tmmn • Bull Hit I fcl ir • fymWmm • Pilimwpi • S • r i t*m

http://belmont.sd62.bc.ca/ Go Bulldogs!

Be Connected. Your School, Your Community, Your Future P30


Staff Report

to

Council

Date:

Department:

Application No.:

Subject:

April 22, 2014

Planning

Z13-0007

Bylaw No. 1488 - application to amend the CD6 (Bear Mountain) Zone to allow a townhouse development at 2332 Copper Rock Crt

Background At their Regular Meeting held July 15 t h, 2013, Council passed the following resolution with respect to this application:

1. Direct staff to prepare a bylaw to amend the CD6 (Bear Mountain) Zone in order to permit townhouses on the property located at 2332 Copper Rock Crt, subject to the following terms and conditions:

a) 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:

I That the applicant demonstrate, prior to any additional land alteration, that there will be no impact or encroachment into the City's adjacent parcel, to the satisfaction of the Director of Planning;

ii. That the proposed gate be installed to the satisfaction of the Fire Chief, and in particular:

I. The gate be a minimum of 6.0m in width; II. The approach and driveway must be aligned to allow emergency

vehicles to make it all the way through the gate before any turn is required; and

III. The gate must be equipped with a 'punch code'set to a predetermined (by the fire department) code to allow ease of access 24 hrs a day.

iii. That the CRD water line be extended and fire hydrant installed, prior to the issuance of a Building Permit, to the satisfaction of the Director of Engineering;

iv. That ail remaining required services be installed or the owner shall enter into a Development Servicing Agreement and provide a bond, prior to the


Subject: Z13-0007 - 2332 Copper Rock Crt Page 2 of 2

issuance of a Building Permit or subdivision, whichever comes first, to the satisfaction of the Director of Engineering;

v. That a storm water management plan that considers the upland and downstream flows be provided prior to the Approving Officer's consideration of any strata plan or phase plan, to the satisfaction of the Director of Engineering. The owner shall also enter Into a Development Servicing Agreement and provide a bond to implement any recommendations of this plan prior to the issuance of a Building Permit, to the satisfaction of the Director of Engineering.

Comments Bylaw No. 1488 was prepared in accordance with Council's resolution. The required Section 219 Covenant has been prepared and signed, and the applicant's solicitor has provided an unrestricted letter of undertaking to register the Covenant.

As Council's resolution didn't specify any additional conditions of approval, Council may wish to consider Bylaw Adoption at this time.

Options

That Council:

1. Adopt Bylaw No. 1488

CARRIED.

Or

2. Take no action at this time with respect to Bylaw No. 1488

Leah Stohmann, MCIP, RPP Senior Planner

Michelle Mahovlich, P.Geo., P.Eng. Director of Engineering

:1s

P32

CITY OF LANGFORD

BYLAW NO. 1488

A BYLAW TO AMEND BYLAW NO. 300, "LANGFORD ZONING BYLAW, 1999"

The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:

A. Langford Zoning Bylaw No. 300,1999 is amended as follows:

1. By adding the following as Section 6.95.01(2)(k) and renumbering subsequent subsections accordingly:

"(k) Townhouses on the property legally described as Lot 1, Section 2, Range 4W, Highland District, Plan VIP83430 (2332 Copper Rock Crt) only/'

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 391, (2332 Copper Rock Crt), 2013".

READ A FIRST TIME this 19 t h day of August, 2013.

PUBLIC HEARING held this 7 t h day of October, 2013.

READ A SECOND TIME this 7 t h day of October, 2013.

READ A THIRD TIME this 7 t h day of October, 2013.

ADOPTED this day of, 2013.

MAYOR (Certified Correct) CORPORATE OFFICER

Bylaw No. 1488 Page 2 of 2

I HEREBY CERTIFY THIS TO BE A TRUE COPY OF PLAN No. 1 AS DESCRIBED IN SECTION A1 OF BYLAW No. 1488 MAYOR ADOPTION:

CORPORATE OFFICER

Scale: N.T.S. Last Revised: Juiyy 31,2013

P34

CITY OF LANGFORD

BYLAW NO. 1507




1. By adding the following to Section 1.01: '"Health Centre" means offices as well as any rooms for examination, surgery and diagnostic purposes for any medical or paramedical profession including, but without limiting the generality of the foregoing: doctors of medicine, dentistry and chiropractic, physiotherapy and rehabilitation, massage therapy, radiology, medical imaging, and medical laboratories. Includes dispensing pharmacies as an accessory use;

2. By adding as Section 6.53 the text attached to this bylaw as Schedule "A";

3. By deleting from the R2 (ONE- and TWO-FAMILY RESIDENTIAL) ZONE and RR4 (RURAL RESIDENTIAL 4) ZONE and adding to the Mixed-Use Employment 1 (MUE1) ZONE those properties or portions thereof shown shaded on Plan No. 1 attached to and forming part of this Bylaw;

4. By deleting from the RR4 (RURAL RESIDENTIAL 4} ZONE and adding to the R2A (ONE- and TWO-FAMILY RESIDENTIAL) ZONE the properties legally described as LOT 8, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 3594, EXCEPT PART IN PLAN V1P84313, PID 006-189-652; LOT B, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 30746, PID 000-353-523; LOT 1, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 6639, EXCEPT PART IN PLAN 751 RW, PID 005-887-941; and LOT E, SECTION 85, ESQUIMALT DISTRICT, PLAN 2436 EXCEPT PART IN PLAN 990 RW, PID 000-604-623 in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw;

5. By adding the following line to Table 1 of Schedule AD:

Zone Bylaw

No. Legal Description Amenity Contributions

R2A 1507 • LOT 8, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 3594, EXCEPT PART IN PLAN VIP84313, PID 006-189-652;

• LOT B, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 30746, PID 000-353-523 (1166-68 Goldstream);

• LOT 1, SECTIONS 85 AND 116, ESQUIMALT DISTRICT, PLAN 6639, EXCEPT PART IN PLAN 751 RW, PID 005-887-941 (1176 Goldstream);

• LOT E, SECTION 85, ESQUIMALT DISTRICT, PLAN 2436 EXCEPT PART IN PLAN 990 RW, PID 000-604-623 (1210 Goldstream)

a) $4,200 per Single Family Equivalent towards the General Amenity Reserve Fund;

b) $1,000 per Single Family Equivalent towards the Affordable Housing Reserve Fund;


B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 398, (District 49) 2013".

READ A FIRST TIME this day of, 2014.

PUBLIC HEARING held this day of , 2014.

READ A SECOND TIME this day of , 2014.

READ A THIRD TIME this day of , 2014.

APPROVED BY THE MINISTRY OF TRANSPORTATION this day of, 2014.

ADOPTED this day of , 2014.


P36


I HEREBY CERTIFY THIS TO BE A TRUE COPY OF PLAN No. 1 AS DESCRIBED

IN SECTION Al OF BYLAW No. 1507 MAYOR

ADOPTION:

CORPORATE OFFICER

Scale: N.T.S. Last Revised: April 14, 2D14


Schedule "A"

Section 6.53 - Mixed-Use Employment 1 (MUE1) Zone

6.53.01 Permitted Uses

(1) The following uses and no others are permitted in the Mixed-Use Employment 1 (MUE1J Zone:

General Uses

(a) accessory buildings and uses;

(b) public transportation depots including, but not limited to the generality of the forgoing: bus stations, bus transfer sites, aerial tram stations, mass transit stations;

(c) uses permitted by section 3.01 of this Bylaw.

Business and Technology Uses

(d) biomedical, scientific or technological research facility;

(e) commercial kitchens and facilities for food catering;

(f) electronics manufacturing;

(g) film production studios;

(h) light industrial uses in enclosed buildings which are not noxious or offensive by reason of permitting odors, dust, smoke, gas or noise, and specifically excluding the following:

i. any use specified in the Health Act as an offensive trade; ii. auto wrecking; iii. refuse and garbage dumps; and iv. the burning of motor vehicles and other things for salvage purposes.

(i) light manufacturing and assembly in enclosed buildings including food processing but excluding the primary processing of meat, poultry and fish;

• 0) offices and professional offices;

(k) printing, publishing and book binding;

(I) repair and rental of goods, equipment, tools and small equipment relating directly to any other permitted use in this zone;

Educational, Cultural and Recreational Uses

(m) assembly and entertainment uses, including but not limited to the generality of the foregoing: art gallery; auditorium; concert hall; exhibition hall; performing arts centre, and theatres;

(n) group daycare in accordance with Sec. 3.26.02;

(o) gymnasiums, health clubs and places of recreation, including but without limiting the generality of the foregoing: arena, bowling (indoor or outdoor)' community centre; courts for racquet sports

P38


{indoor or outdoor); athletic training facilities (indoor or outdoor); ballet schools; martial arts schools; swimming pools;

(p) places of indoor and outdoor recreation;

(q) schools, including universities, colleges, business colleges and trade schools;

Residential Uses

(r) apartments;

(s) assisted living apartments;

(t) community care facilities;

(u) dormitories;

(v) temporary housingfor construction workers in accordance with Section 3.2B;

(w) townhouses;

(x) one dwelling unit for a proprietor or caretaker in conjunction with and forming part of any other permitted use;

(2) In addition to those uses permitted in accordance with Section 6.53.01(1), the following uses are permitted in the Mixed-Use Employment 1 (MUE1) Zone, subject to compliance with Section 6.53.03:

Restaurant, Retail and Other Service Commercial Uses

(a) financial institutions, including drive-thru;

(b) hotels;

(c) parking facilities, specifically excluding vehicle storage;

(d) premises licensed pursuant to the Liquor Control and Licensing Act;

(e) restaurants, excluding drive-in and drive-thru, limited to 1,858 m 2 of gross floor area;

(f) retail stores, limited to 1,858 m 2 of gross floor area;

6.53.02 Setbacks

(1) No building or structure may be located:

(a) Within 2.0 m of any lot line that adjoins a highway, except where the building is flanked, by a sidewalk with a width of at least 2m in which case the setback may be reduced to nil;

(b) within 6.0 m of any lot line that adjoins a lot in a Residential or Multiple Residential Zone;

6.53.03 Density of Development

(1) There may not be any development on any parcel of land that does not have access to a highway, and where a parcel of land has access to a highway there may not be more than three residential units or more than 150 m2 of non-residential gross floor area in the Mixed-Use Employment 1 (MUE1) Zone; p 3 9


(2) Despite subsection 6.53.03(1), there may be more than three residential units and more than 150 m2 of non-residential gross floor area in the Mixed-Use Employment 1 (MUE1) Zone, if the owner of the land proposed to be built upon has:

(a) Entered into an agreement with the City of Langford to transfer a minimum of 15% of the lands located within Mixed-Use Employment 1 (MUE1) Zone to the City of Langford, or to provide an amenity to the satisfaction of Council;

(b) Provided a traffic impact study that analyzes the impact of the proposed development on the surrounding road network, and has entered into an agreement with the City of Langford with regards to required road dedication and off-site traffic improvements recommended by the traffic impact study, as well as full frontage improvements to Subdivision and Development Servicing Bylaw No. 100 standards, all to the satisfaction of the Director of Engineering;

(3) A maximum of 930 m2 (10,010 ft2) of gross floor area of those uses permitted by Section 6.53.01(2) may be created in the Mixed-Use Employment 1 (MUE1) Zone until the gross floor area of those uses permitted by Section 6,53.01(1) exceeds 3,700 m2 (39,826 ft2).

(4) For every subsequent 1,860 m2 (20,020 ft2) of gross floor area of those uses permitted by Section 6.53.01(1) created in excess of 3,700 m2, an additional 465 m2 (5,000 ft2) of gross floor area of those uses permitted by Section 6.53.01(2) may be created;

(5) When a minimum of 23,225 m2 of gross floor area of those uses permitted by Section 6.53.01(1) is created, additional gross floor area of those uses permitted by Section 6.53.01(2) may be created in accordance with 6.53.03(6);

(6) Provided that all'of the density bonus provisions of subsection 6.53.03(2) have been met, the maximum density of development in the Mixed-Use Employment 1 (MUE1) Zone shall be determined by a traffic impact study and the provision of off-site traffic improvements to the satisfaction of the Director of Engineering;

(7) Notwithstanding Sec. 6.53.03(6), under no circumstances may the density of development within the MUE1 zone exceed a floor area ratio of 2.5:1;

6.53.04 Landscape Screening

(1) In addition to the regulations contained in Section 3.21 of this Bylaw the following regulations apply to landscape screening in the Mixed-Use Employment 1 (MUE1) Zone.

(2) A continuous landscape and screening area not less than 2.0 m wide shall be provided along the developed portion of each lot which abuts a highway. The landscaping shall have a height of not less than 1.5 m and may include a decorative fence.

(3) A continuous landscape and screening area not less than 2.5 m wide containing a decorative fence not less than 1.8 m in height together with decorative planting must be provided along the developed portion of each lot which abuts a property in a Residential or Multiple Residential Zone, except where the boundary between the two lots is separated by a highway. This landscape and screening area may be interrupted at boulevard crossings, or to provide necessary pedestrian access for entering a building or for viewing shop windows.

6.53.05 General

The relevant regulations of Part 3 of this Bylaw apply.

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City of Langford www.cityofIangford.ca

Staff Report

to

Council

Date: April 22, 2014

Department: Planning

Application No.: 213-0019

Subject: Bylaw No. 1511 - Application to rezone a portion of the land at 2506 Selwyn Road from PI (Neighbourhood Institutional) to R2A (One and Two-Family Residential) to allow the subdivision of a lot permitting either a One or Two-Family Dwelling

At their Regular Meeting of February 17 t h, 2014, Council passed the following resolution with respect to the property at 2506 Selwyn Road:

Direct staff to prepare a bylaw to amend the zoning designation of a portion of the property located at 2506 Selwyn Road from PI (Neighbourhood institutional) to R2A (One and Two-Family Residential), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for Increased density, the following contributions per new lot created, prior to subdivision approval:

i) $4,200 towards the General Amenity Reserve Fund; ii) $1,000 towards the Affordable Housing Reserve Fund.

(Amenity Fees Secured in Bylaw No 1511)

Comments As all of the conditions have been met, Council may wish to proceed to final reading of the Bylaw No. 1511.

Options That Council:

1. Adopt Bylaw No 1511.

OR

2. Take no action at this time with respect to Bylaw No. 1511.


Subject: Z13-0019 - 2506 Selwyn Road Page 2 of 2

Approving Officer

Michelle Mahovlich, P.Eng. Director of Engineering

Steve Ternent Treasurer

CITY OF LANGFORD

BYLAW NO. 1511




1. By deleting from the PI (Neighbourhood Institutional) Zone and adding to the R2A (One and Two-Family Residential A) ZONE the property legally described as LOT A SECTION 109 ESQUIMALT DISTRICT PLAN VIP64878 EXCEPT PLAN VIP78821 (2506 Selwyn Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By adding the following line to Table 1 of Schedule AD:

Zone Bylaw

No. Legal Description Amenity Contributions

R2A 1511 LOTA SECTION 109

ESQUIMALT DISTRICT

PLAN VIP64878 EXCEPT

PLAN V1P78821 (2506

Selwyn Rd)

a) $4,200 per dwelling unit towards the General Amenity Reserve Fund; and

b) $1,000 per dwelling unit towards the Affordable Housing Reserve Fund.

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 401, (2506 Selwyn Rd), 2014".

READ A FIRST TIME this 3 r o day of March, 2014.

PUBLIC HEARING held this 7 t h day of April, 2014.

READ A SECOND TIME this 7 t h day of April, 2014.

READ A THIRD TIME this 7 t h day of April, 2014.

APPROVED BY THE MINISTRY OF TRANSPORTATION this day of, 2014.

ADOPTED this day of, 2014.


P43


I HEREBY CERTIFY THIS TO BE ATRUE COPY

OF PLAN No. 1 AS DESCRIBED

IN SECTION A1 OF BYLAW No. 1511 MAYOR

ADOPTION:

CORPORATE OFFICER

Scale: N.T.S. Last Revised: Feberuary 21,2014

CITY OF LANGFORD BYLAW NO. 1519, 2014

A BYLAW TO REPLACE A HOUSING AGREEMENT

WHEREAS the City has entered into a housing agreement under s. 905 of the Local Government Act and registered against tit le as EX74334 pursuant to s. 219 of the Land Title Act to the property legally described as PID: 026-320-321, Lot 23 Section 81 Metchosin District Plan VIP79044 (the "Property");

WHEREAS the City and the owner of the Property have agreed to replace the prior housing

agreement with a new housing agreement; and

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as a bylaw under s. 905 of the Local Government Act as follows:

1. Council hereby authorizes the City to discharge the housing agreement registered as EX74334 against the Lands.

2. Council hereby authorizes the City to enter into a new housing agreement, attached as Appendix "A", with the owner of the Property to be registered as a covenant against the Property.

3. The Mayor and Corporate Officer of the City are authorized to execute the Form C -Release and Form C - Housing Agreement, and the Corporate Officer is authorized to sign and file in the Land Title Office a notice of the housing agreement, as required by the Local Government Act.

4. The appendix attached to this Bylaw is incorporated into and forms a part of this Bylaw.

5. This Bylaw may be cited as "City of Langford Housing Agreement (1010 Wild Pond Lane) Bylaw No. 1519, 2014".

READ A FIRST TIME this day of , 2014

READ A SECOND TIME this , day of , 2014

READ A THIRD TIME this day of ,2014

ADOPTED this day of : , 2014

MAYOR (CERTIFIED CORRECT)

CORPORATE OFFICER

Appendix "A"

TERMS OF INSTRUMENT-PART 2

SECTION 219 COVENANT AND HOUSING AGREEMENT

THIS COVENANT is dated for reference the 2 2 n d day of April, 2014.

WHEREAS:

The Owner (hereinafter defined) is the registered owner of the Lands (hereinafter

defined);

The City of Langford (the "City") may, pursuant to section 905 (1) of the Local Government Act, enter into an agreement with an owner of land that includes terms and conditions regarding the occupancy, tenure and availability of dwelling units located on the lands of the owner;

Section 219 of the Land Title Act permits the registration of a covenant of a negative or positive nature in favour of the City in respect of the use of land or construction on land;

The Owner and the City wish to enter into this Agreement to provide for the construction and occupation of Affordable Housing Units for low-income families, and agree that this Agreement is both a section 219 covenant under the Land Title Act and a housing agreement under Section 905 of the Local Government Act; and

The City has, by bylaw, authorized the execution of this Agreement and the Owner has duly authorized the execution of this Agreement.

THIS AGREEMENT is evidence that in consideration of $2.00 paid by the City to the Owner (the receipt of which is acknowledged by the Owner), and in consideration of the promises exchanged below, the City and the Owner agree, as covenants granted by the Owner to the City under s. 219 of the Land Title Act, and as a housing agreement between the Owner and the City under s. 905(1) of the Local Government Act, as follows:

1. Definitions - In this Agreement:

"Affordable Housing Committee" means the City of Langford's Affordable Housing

Committee, which will oversee the purchase and sale of all Affordable Housing Units on

behalf of the City, without expectation of any fee or charge;

"Affordable Housing Unit" means several rooms in a building that are. used, or constructed so as to be capable of being used, for the residential use of a single household by a Qualified Purchaser and that person's immediate family, and containing

P46

a common access, one kitchen, and eating, sleeping and living areas, with a gross floor

area between 83 square metres and 91 square metres exclusive of garages, carports and

decks, on a lot not larger than 300 square metres;

"Lands" means the lands in the City of Langford legally described in item 2 of Part 1 of

the Land Title Act Form C to which this Agreement is attached and which forms part of

this Agreement;

"Lender" means a mortgagee or holder of a financial charge that is registered against

the t i t le to the Affordable Housing Unit;

"Mortgage Co-signer" means a person who signs a mortgage for the purpose of

facilitating a Qualified Purchaser to obtain financing from a Lender sufficient to

purchase an Affordable Housing Unit;

"Owner" means the Transferor described in the Form C to which this Agreement is

attached, and any subsequent owner of the Lands; and

"Qualified Purchaser" means a iow-income individual or family, as determined by the

criteria of the Affordable Housing Committee, who wishes to purchase an Affordable

Housing Unit, and has been approved by the Affordable Housing Committee,

2. Construction-The Owner covenants and agrees:

(a) that the Lands must be used only in accordance with this Agreement;

(b) that the Lands must be used only for the construction, use and occupation of

Affordable Housing Units; and

(c) that each Affordable Housing Unit on the Lands must meet the following accessibility standards on the ground floor level:

(i) At least one zero-step entrance at the front, back or side entrance of the Affordable Housing Unit (located on an accessible route from an adjoining street);

(ii) Wide doorways on all main floor doors, being at least 813 mm (32 inch)

clear doorway opening; and

(iii) One half-bathroom on the main ftoor, being at least one sink, one toilet

and a wide doorway as described in clause (ii) above.

3. Occupation - Each Affordable Housing Unit:

(a) may only be used as a permanent residence;

P47

(b) must be occupied as a permanent residence by at least one Qualified Purchaser;

and

(c) may only be occupied by a Qualified Purchaser, except that the immediate

family, which includes a spouse, children, grandparents, and siblings, of the

Qualified Purchaser who occupies the Affordable Housing Unit as a permanent

residence may also occupy the Affordable Housing Unit.

Mortgage Co-signers - Co-signers are permitted provided that the Mortgage Co-signer

signs a Statutory Declaration, in the form attached as Schedule "B" whereby the

Mortgage Co-signer declares that the Mortgage Co-signer:

(a) has a maximum 1% undivided interest in the Affordable Housing Unit and Lands,

(b) will not reside in the Affordable Housing Unit, and

(c) waives any future claim and equity to the Affordable Housing Unit and Lands.

Subagreements - The Owner shall not rent or lease the Lands or any Affordable Housing

Unit on the Lands.

Maximum Sale Price -

(1) The Owner covenants and agrees that the Owner may only sell an Affordable Housing Unit and the land upon which it is located to a Qualified Purchaser for a maximum sale price of $150,000.00> plus GST if applicable, per Affordable Housing Unit. Any resale of an Affordable Housing Unit must be to a Qualified Purchaser, as approved by the Affordable Housing Committee.

(2) Despite subsection 5(1) above, if the Owner of an Affordable Housing Unit bought the Affordable Housing Unit as a Qualified Purchaser, the maximum sale price of the Affordable Housing Unit and the land upon which it is located to another Qualified Purchaser is:

(a) $150,000.00 if the Owner has owned the Affordable Housing Unit for less

than five years; or

(b) $150,000.00 plus $2,000.00 for every full year of the Owner's ownership

of the Affordable Housing Unit after the first five years of ownership.

(3) The Owner must disclose in every purchase and sale agreement for the Affordable Housing Unit the existence of this Agreement and the occupancy and resale price restrictions applicable to the Affordable Housing Unit, and provide each Qualified Purchaser with a copy of this Agreement.

7. Order to Comply - If the Owner is in default of the performance or observance of this

Agreement, the City may give the Owner a notice of default requiring the Owner to

comply with this Agreement within the t ime stated in the notice.

8. Specific Performance of Agreement - The Owner agrees that the City is entitled to

obtain an order for specific performance of this-Agreement and a prohibitory or

mandatory injunction in respect of any breach by the Owner of this Agreement. Further,

the Owner agrees that the foregoing provision is reasonable given the public interest in

restricting the occupancy and disposition of each Affordable Housing Unit on the Lands

in accordance with this Agreement.

9. Mortgages and Mortgage Insurers - If required by the Qualified Purchaser and his/her

mortgagee and mortgage insurer (if any), the City will enter into an agreement

regarding a mortgage of the Affordable Housing Unit on the terms set out m Schedule

"A", including that if for whatever reason, an Affordable Housing Unit is sold for fair

market value, the Owner agrees to assign the excess revenue from the sale, being the

fair market price less the maximum sale price in this Agreement, to the City for its

affordable housing fund.

10. Bylaw Infraction - The Owner acknowledges that a breach of the occupancy restriction

in paragraph 3 of this Agreement may be a breach of the City's Zoning Bylaw which is

punishable by fine and imprisonment underthe Offence Act

11. No Public Law Duty - Wherever in this Agreement an act, determination, consent, approval or agreement of the City is provided for, such act, determination, consent, approval or agreement may be done or made in accordance with the terms of this Agreement and no public law duty, whether arising f rom the principles of procedural fairness or the rules of natural justice, shall have any application.

12. No Waiver - No condoning, excusing or overlooking by the City of any default under this Agreement, nor any consent, approval, or agreement whether written or otherwise shall be taken to operate as a waiver by the City of any subsequent default or of the necessity for further consent, approval or agreement in respect of a subsequent matter requiring it under this Agreement, or in any way to defeat or affect the rights or remedies of the City.

13. Arbitration - Any matter in dispute between the parties under this Agreement must be referred to a single arbitrator if the parties can agree on one, and otherwise to three arbitrators, one to be appointed by each of the parties and the third by those two so appointed, and the matter must be resolved in accordance with the provisions of the Commercial Arbitration Act of British Columbia.

14. Notice on Title - The Owner acknowledges and agrees that this Agreement constitutes

both a covenant under section 219 of the Local Government Act and a housing

P49

agreement under Section 905 of the Local Government Act, and agrees that the City

must file in the Land Title Office a notice that the Lands are subject to this Agreement,

and that, once the notice is fi led, this Agreement is binding on al! persons who acquire

an interest in the Lands.

15. Covenant Runs with the Land - Every obligation and covenant of the Owner in this Agreement constitutes both a contractual obligation and a covenant granted by the Owner to the City in accordance with section 219 of-the Land Title Act in respect of the Lands and this Agreement burdens the Lands and runs with it and binds the Owner's successors in t i t le and binds every parcel into which it is consolidated or subdivided by any means, including, by subdivision or by strata plan.

16. Limitation on Owner's Obligations - The Owner is only liable for breaches of this

Agreement that occur while the Owner is the registered owner of the Lands.

17. Amendment and Termination - This Agreement may not be modified or amended except by bylaw of the City, upon an agreement in writ ing between City and the Owner. This Agreement may be terminated or discharged by the City without the consent or agreement of the Owner.

18. Notices - Any notice required to be given pursuant to this Agreement shall be in writ ing and shall be given to the Owner or the City, as the case may be, at the address first above writ ten, or to any other address of which either the Owner or the City may advise the others in writ ing in accordance with this paragraph. Notice to the City must be addressed to the Affordable Housing Committee. If given in person or by facsimile transmission, such notice will be deemed to be received when delivered and, if mailed, such notice will be deemed to have been received on the tenth business day after the date of mailing except in the event of an interruption in mail service, when such notice will be deemed to be received only when actually received by the party to whom it is addressed.

19. Enurement - This Agreement shall enure to the benefit of and be binding on the City and its successors and on the Owner and its heirs, successors, personal representatives, administrators, assignees, and successors in t i t le.

20. Remedies Cumulative - The remedies of the City specified in this Agreement are cumulative and are in addition to any remedies of the City at law or in equity. No remedy shall be deemed to be exclusive, and the City may from time to t ime have recourse to one or more or all of the available remedies specified herein or at law or in equity.

21 . Severability - Each covenant and agreement contained in this Agreement is, and shall be construed to be, a separate and independent covenant or agreement and the breach of any such covenant or agreement by the Owner shall not discharge or relieve the

P50

Owner from its obligations to perform. If any term or provision of this Agreement, or its

application to any person or circumstance shall to any extent be invalid and

unenforceable, the remainder of this Agreement, or the application of such term or

provision to persons or circumstances other than those as to which it is invalid or

unenforceable, shall not be affected, and each term and provision of this Agreement

shall be valid and shall be enforced to the extent permitted by law.

22. Joint and Several - In the case of more than one Owner, the grants, covenants,

conditions, provisions, agreements, rights, powers, privileges and liabilities of the Owner

shall be construed and held to be several as well as joint.

23. Included Words - Wherever the singular or the masculine is used in this Agreement, it

shall be deemed to include the plural or the feminine, or the body politic or corporate,

where the context or the parties so require.

24. Governing Law - This Agreement shall be governed by and construed in accordance

with the laws of the province of British Columbia.

25. Joint Venture - Nothing in this Agreement shall constitute the Owner as an agent, joint

venturer or partner of the City or give the Owner any authority or power to bind the City

in any way.

26. Time of Essence -T ime is of the essence in this Agreement.

27. Further Assurances - The parties shall execute and do all such further deeds, acts,

things and assurances as .they reasonably require to carry out the intent of this

Agreement.

28. No Fettering of Statutory Discretion - No consent or approval given by the City under

this Agreement shall derogate from or bind the City in the exercise of any statutory

duty, power or discretion.

29. Priority - The Owner agrees to do everything necessary at the Owner's expense to ensure that this Agreement is registered against t i t le to the Lands with priority over all financial charges, liens and encumbrances registered or pending at the t ime of application for registration of this Agreement, except those specifically approved in writ ing by the City or in favour of the City.

30. Deed and Contract - By executing and delivering this Agreement each of the parties

intends to create both a contract and a deed executed and delivered under seal.

31 . Expiration - This Agreement expires and is of no future force and effect on or after June

21 , 2030.

P51

As evidence of their agreement to be bound by the terms of this instrument, the parties hereto

have executed the Land Title Office Form C, which is attached hereto and forms part of this

Agreement.

CONSENT AND PRIORITY AGREEMENT

WHEREAS FIRST NATIONAL FINANCIAL GP CORPORATION {the "Chargeholder") is the holder of a

Mortgage (the "Charge") encumbering the lands (the "Lands") described in item 2 of the Land Title

Act Form C attached hereto, which was registered in the Victoria Land Title Office under number

FB8767.

THEREFORE THIS CONSENT AND PRIORITY AGREEMENT IS EVIDENCE THAT IN CONSIDERATION OF

$1.00 AND OTHER GOOD AND VALUABLE CONSIDERATION PAID BY THE TRANSFEREE TO THE

CHARGEHOLDER:

1. The Chargeholder hereby consents to the granting .and registration of the Section 219 Agreement attached hereto (the "Agreement") and the Chargeholder hereby agrees that the Agreement shall be binding upon its interest in and to the Lands.

2. The Chargeholder hereby grants to the transferee described in item 6 of the Land Title Act

Form C attached hereto priority for the Agreement over the Chargeholder's right, t it le and

interest in and to the Lands, and the Chargeholder does hereby postpone the Charge and

all of its right, title and interest thereunder to the Agreement as if the Agreement had been

executed, delivered and registered prior to the execution, delivery and registration of the

Charge.

IN WITNESS WHEREOF, the Chargeholder has executed and delivered this Consent and Priority

Agreement by executing the Land Title Act Form D above which is attached hereto and forms

part of this Agreement.

P53

SCHEDULE A -

MORTGAGE and MORTGAGE INSURER AGREEMENT TERMS

In the event that an Owner, who is a Qualified Purchaser, enters into a mortgage in respect of

an Affordable Housing Unit, the Owner, the Lender, the Insurer, and the City agree to the

following terms:

1. In this agreement:

(a) "Lender" means a mortgagee or holder of a financial charge that is registered

against the t i t le to the Affordable Housing Unit;

(b) "Insurer" means a company or organization that has entered into a mortgage

default insurance agreement or mortgage loan insurance arrangement with a

Lender and an Owner; and

(c) "Owner" means the current Qualified Purchaser in possession of the Affordable

Housing Unit;

(d) "Property" means the Affordable Housing Unit and real property upon which it is

located.

2. In the event of default by the Owner under the mortgage:

(a) the Lender must advise the Insurer and the City that an event of default has occurred no later than 90 days after the default; failure to deliver the notice within this period postpones the Lender's ability to enforce its rights under the mortgage until such notice has been delivered;

(b) following the notice of mortgage default, the City will have an exclusive right, until that day that is sixty days after the Lender delivers notice as set out in section 2(a) to the City to locate a new Qualified Purchaser who will buy the Property f rom the Owner. If the City is able to find a new Qualified Purchaser in this t ime period, the City wiil make arrangements between the Owner and the new Qualified Purchaser to purchase the Property for the maximum sale price in the Housing Agreement, close the transaction within a reasonable t ime (not more than two months), and pay the Lender the outstanding mortgage amount, and upon receipt of such funds the Lender will agree to discharge the mortgage so that the sale can take place;

(c) if the City is not able to arrange a sale under (b) above, the Lender and/or Insurer may take the usual steps to enforce the rights under the mortgage and sell the property for fair market value for the Property. During this t ime, the City may

P54

bring forward to the Lender and/or the Insurer a purchaser who does not meet

all the Affordable Housing Committee guidelines to purchase the Property for

the maximum sale price in the Housing Agreement. The Lender and/or Insurer

will agree to sell the Property to this purchaser after the order absolute, and if

this purchaser purchases the Property, the Housing Agreement will continue to

be a charge against tit le to the Property;

if the City is unable to bring to the Lender and/or the Insurer a purchaser for the Property under (c) above by the time the Lender and/or the Insurer has signed a sale agreement with an arm's length purchaser for fair market value for the Property, then the Lender and/or the Insurer will sell the Property at fair market value and the City will discharge the Housing Agreement and Section 219 Covenant from tit le to the Property; and

if the Property is sold for fair market value under paragraph (d) of the Schedule A, the Owner will agree to assign the excess amount from the fair market value sale, being the fair market price less the maximum sale price in the Housing Agreement, to the City for its affordable housing fund. Upon receipt of the appropriate documents of assignment f rom the Owner, the Lender agrees to pay that excess amount to the City. The parties agree that this is provision is fair having regard to the City discharging the Housing Agreement from tit le to the Property and having foregone the community benefit of making the Property available as part of the affordable housing program.

SCHEDULE B -

STATUTORY DECLARATION

WHEREAS .(the "Mortgagor") has applied to (the "Lender") for mortgage

financing to complete the purchase of [INSERT ADDRESS HEREl, Langford, BC (the "Property")

and the Lender has agreed to provide such financing on the terms and conditions contained in

the mortgage instructions dated flNSERT DATE HEREl and the City of Langford (the "City"),

through the City's Affordable Housing Program has agreed to aliow [INSERT NAME OF CO

SIGNER HEREl to be added to the tit le of the Property on the condition that [NAME OF CO-

SIGNOR] provide this Statutory Declaration:

AND WHEREAS it is a condition precedent to the financing and the purchase of the Property

that the undersigned give this Statutory Declaration:

L flNSERT NAME OF CO-SIGNER HERE] of Victoria, BC, DO SOLEMNLY DECLARE that:

1. I am [INSERT STATE THE RELATIONSHIP (e.g. fr iend, father, mother, etc.) HEREl of the

Mortgagor and 1 will be registered on tit le to the Property as owner in fee simple of a 1%

undivided interest to the Property only for the purpose of assisting the Mortgagor to

obtain financing f rom the Lender in order to purchase the Property.

2. 1 will not live, either part t ime or full t ime at the Property

3. 1 waive any future claim to the Property and any future claim on the equity in the

Property.

DECLARED before me at _, Province)

of British Columbia, this day of ,20

A Commissioner for Taking Affidavits ) within British Columbia

) ) PRINT NAME OF CO-SIGNER

}

SIGNATURE

END OF DOCUMENT

of Langford v.cityoflangford.ca

April 22 n a,2014 In-Camera Resolution

a) That it is the opinion of Council that the public interest requires that persons other than members of Council and Officers be excluded from the meeting to consider confidential information regarding Negotiations and Property Disposition under 90 (1) (e) & (k) of the Community Charter.

b) That Council continues the meeting in closed session.

2nd Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 2X8 T • 250-478-7882 F • 250-478-7864

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