View Agenda - City of Langford

CITY OF LANGFORD 

REGULAR MEETING OF COUNCIL 

Tuesday, September 6 th , 2011 @ 7:00 p.m. 

Council Chambers, 3 rd 

Floor, 877 Goldstream Avenue 

AGENDA 

1. CALL TO ORDER 

Page 

2. APPROVAL OF THE AGENDA 

3. PUBLIC HEARING 

a) BYLAW NO. 1339 (File No. 3900-1339) 001 

"Langford Zoning Bylaw, Amendment No. 310, (961 and 963 Isabell Avenue), 2011". 

b) BYLAW NO. 1354 (File No. 3900-1354) 021 

"Langford Zoning Bylaw, Amendment No. 317, (128-1047 Langford Parkway), 2011". 

c) BYLAW NO. 1358 (File No. 3900-1358) 035 

"Langford Zoning Bylaw, Amendment No. 321, (2741, 2749, 2751, 2753, 2757, and 2761 

Spencer Road and 996 Preston Way), 2011". 

d) BYLAW NO. 1360 (File No. 3900-1360) 062 

"Langford Zoning Bylaw, Amendment No. 323, (Omnibus No. 23 - Secondary Suites in 

Accessory Buildings), 2011". 

4. ADOPTION OF MINUTES 

a) Minutes of the Regular Meeting of Council - August 15 th , 2011 080 

5. PUBLIC PARTICIPATION 

6. COMMITTEE RESOLUTIONS 

a) Planning, Zoning & Affordable Housing Committee - August 22 nd , 2011 099 

1. Application to Rezone 3385 Happy Valley Road from AGl (Agriculture 1) to RM7A 

(Medium-Density Apartment A) to Allow for the Development of Approximately 18 

Townhouse Units and 6 One-Family Lots (File No. Z-10-05-3385 Happy Valley Road) 

2. Application to Rezone 3371, 3377 and 3379 Happy Valley Road from AGl (Agriculture 

1) and GR2 (Greenbelt Residential 2) to RM7A (Medium-Density Apartment A) to 

Allow for the Development of Approximately 59 Townhouse Units (File No. Zll-0015- 

3371,3377 and 3379 Happy Valley Road) 

3. Application to Rezone 1004 Fashoda Place from AGl (Agriculture 1) to RS3 (Residential 

Small Lot 3) and R2A (One- and Two-Family Residential) to Allow for the Development 

of a Five Lot Subdivision (File No. Zll-0018 -1004 Fashoda Place)

PjgeloM 

4. Application to Rezone 3262 and 3264 Happy Valley Road from GR2 (Greenbelt 

Residential 2) to RS3 (Residential Small Lot 3) and RT2 (Residential Townhouse 2) to 

Allow for the Development of Approximately Five (5) One-Family Lots and Six (6) 

Townhouse Units (File No. Zll-0019 - 3262 and 3264 Happy Valley Road) 

REPORTS 

Contract Award - Leigh Road L500 Ramp 2011 Construction 103 

- Staff Report (File No. 5330-20 Spencer Interchange Project Leigh Road L500 Ramp) 

Temporary Borrowing for Leigh Road - TCH to Goldstream Construction 105 

- Staff Report (File No. 3900-1369) 

Installation of Closed Circuit Video Equipment at RCMP Detachment 


Waiving Property Taxes for affordable rental housing at 2683,2687,2691 and 2695 Tanhill Place 107 

- Staff Report (File No. 2240-20R-Revitalization Tax Exemption Program; Bylaw 1346 & 1371) 

Road Closure Bylaw 1340,2011; 3008 Amy Road 114 

- Staff Report (File No. Bylaw No. 1340; 3320-19-09-40) 

CORRESPONDENCE 

a) Te'mexw Treaty Advisory Committee (TTAC) 170 

Re: 53.000 for 2011TTAC Expenses (File No. 0540-20) 

BYLAWS 

a) BYLAW NO. 1339 (File No. 3900-1339) 172 


(SECOND AND THIRD READING) 

b) BYLAW NO. 1340 (File No. 3900-1340) 174 

"Vista Dawn Place (Amy Road) Road Closure Bylaw No. 1340", 2011. 

(FIRST, SECOND AND THIRD READING) 

c) BYLAW NO. 1346 (File No. 3900-1346) 178 

"City of Langford Revitalization Tax Exemption Bylaw No. 1346." 


d) BYLAW NO. 1347 (File No. 3900-1347) 189 

"Langford Zoning Bylaw, Amendment No. 313, (960 Isabell Avenue), 2011". 

(ADOPTION)

e) BYLAW NO. 1352 (File No. 3900-1352) 194 

"Subdivision and Development Servicing Bylaw, Amendment No. 3, Bylaw No. 1352, 

2011". 


f) BYLAW NO. 1354 (File No. 3900-1354) 195 

"Langford Zoning Bylaw, Amendment No. 317, (128-1047 Langford Parkway), 2011". 


g) BYLAW NO. 1356 (File No. 3900-1356) 196 

"Langford Zoning Bylaw, Amendment No. 319, (3385 Happy Valley Road), 2011". 

(FIRST READING) 

h) BYLAW NO. 1357 (File No. 3900-1357) . 202 

"Langford Zoning Bylaw, Amendment No. 320, (3371, 3377, and 3379 Happy Valley Road), 

2011". 


i) BYLAW NO. 1370 (File No. 3900-1370) 205 

"Langford Zoning Bylaw, Amendment No. 329, (Text Amendment - New RM7B [Medium- 

Density Apartment B] Zone), 2011". 


j) BYLAW NO. 1358 (File No. 3900-1358) 208 

"Langford Zoning Bylaw, Amendment No. 321, (2741, 2749, 2751, 2753, 2757, and 2761 

Spencer Road and 996 Preston Way), 2011". 


k) BYLAW NO. 1359 (File No. 3900-1359) 211 

"Langford Zoning Bylaw, Amendment No. 322, (2657 Florence Lake Road), 2011" 


1) BYLAW NO. 1360 (File No. 3900-1360) 213 

"Langford Zoning Bylaw, Amendment No. 323, (Omnibus No. 23 - Secondary Suites in 

Accessory Buildings), 2011". 


m) BYLAW NO. 1362 (File No. 3900-1362) 215 

"Langford Zoning Bylaw, Amendment No. 324, (554 Goldstream Avenue), 2011". 


n) BYLAW NO. 1363 (File No. 3900-1363) 

"Langford Zoning Bylaw, Amendment No. 325 (3262 and 3264 Happy Valley Road), 2011". 


218

Past 4Df 4 

o) BYLAW NO. 1365 (File No. 3900-1365) 221 

"Langford Zoning Bylaw, Amendment No. 327 (1004 Fashoda Place), 2011". 


p) BYLAW NO. 1369 (File No. 3900-1369) 223 

"City of Langford Spencer Interchange Local Area Service Temporary Borrowing Bylaw No. 

1369, 2011". 

(FIRST READING, SECOND AND THIRD READING) 

q) BYLAW NO. 1371 (File No. 3900-1371) 224 

"City of Langford Housing Agreement Amendment Bylaw, No. 1371,2011". 


10. ADJOURNMENT

PUBLIC HEARING 

Tuesday, 6 September 2011 

Bylaw No. 1339 

File No. Z10-0020 

A Bylaw to Rezone 961 and 963 Isabell Avenue 

from the R2 [One- and Two-Family Residential) Zone to 

RS3 (Residential Small Lot 3) Zone to permit the 

development of approximately seven (7) single-family 

residential lots.


BYLAW NO. 1339 

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 deleting from the R2 (ONE- AND TWO-FAMILY RESIDENTIAL) ZONE and adding to the RS3 

(RESIDENTIAL SMALL LOT 3) ZONE the property legally described as Lot 10, Section 84, 

Esquimalt District, Plan 22027; as shown shaded on Plan No. 1 attached to and forming part of 

this Bylaw. 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 310, (961 and 

963 Isabell Avenue), 2011". 

READ A FIRST TIME this day of, 2011. 

PUBLIC HEARING held this day of, 2011. 

READ A SECOND TIME this day of, 2011. 

READ A THIRD TIME this day of, 2011. 

APPROVED BY THE MINISTRY OF TRANSPORTATION this day of , 2011. 

ADOPTED this day of, 2011. 

MAYOR 

(Certified Correct) 

CORPORATE OFFICER


Page 2 of 2 

I HEREBY CERTIFY THIS TO BEATRUECOPY 

OF PLAN No. 1 AS DESCRIBED 

IN SECTION A1 OF BYLAW No.1339 

MAYOR 

ADOPTION: 

Scale: N.T.S. 

CORPORATE OFFICER 

Last Revised: August 2,2011

City of Langford 

www,cityoflangford.ca 

NOTICE OF PUBLIC HEARING 

NOTICE of Public Hearing on Bylaw No. 1339; being the proposed Bylaw to amend Zoning Bylaw No. 300 

for the City of Langford, is hereby given. All persons who believe that their interest in property is 

affected by the proposed Bylaw will be afforded a reasonable opportunity to be heard or to present 

written submissions respecting matters contained in the Bylaw at the PUBLIC HEARING to be held in the 

CITY OF LANGFORD COUNCIL CHAMBERS, Third Floor, 877 Goldstream Avenue, Langford, BC, on 

Tuesday, 6 September 2011, at 7:00 pm. Please be advised that no comments may be received by 

Council after the close of the Public Hearing and any submissions made to Council, whether made in 

person or in writing, will form part of a public record. 

Bvlaw No. 1339 

Purpose: The purpose of Bylaw No. 1339 is to amend the City of Langford Zoning Bylaw No. 300 

by amending the zoning designation of the land that is the subject of Bylaw No. 1339 

from R2 (One- and Two-Family Residential) Zone and adding to the RS3 (Residential 

Small Lot 3) Zone to allow for the development of approximately seven (7) singlefamily 

residential lots. 

Applicant: 

Location: 

Jamie Gill on behalf of owners Bernard and Geraldine Schoffer 

The land that is the subject of Bylaw No. 1339 is 961 and 963 Isabell Avenue as shown 

shaded on the plan. 

COPIES of the complete proposed 

Bylaw and other related material may 

be viewed during office hours 8:30 am 

to 4:30 pm, Monday . to Friday 

(holidays excluded), from Monday, 22 

August 2011 to Tuesday, 6 September 

2011, inclusive, at the Langford City 

Hall, Second Floor, 877 Goldstream 

Avenue, Langford, BC, V9B 2X8. Please 

contact Ivo van der Kamp in the 

Planning Department at 250-478-7882 

with any questions on this Bylaw. 

Jim Bowden 

Administrator


www.cityoflangford.ca 

22/08/2011 

Dear Sir/Madam: 

City of Langford Council is holding a Public Hearing on Bylaw No. 1339 on Tuesday, 6 September 2011, at 

7:00 pm, in the Council Chambers of the City Hall located on the Third Floor, 877 Goldstream Avenue. 

The owner is proposing to amend the zoning designation of 961 and 963 isabell Avenue from R2 (Oneand 

Two-Family Residential) to RS3 (Residential Small Lot 3) Zone to allow for the development of 

approximately seven (7) single-family residential lots. To implement this change to the City of Langford 

Zoning Bylaw, a Public Hearing is required. 

The Public Hearing will provide an opportunity for residents and property owners, whose interests may 

be affected, to make a presentation to Council regarding the proposal. If you are unable to attend the 

Hearing, Council would welcome your comments in writing, as iong as they are received before or at the 

Public Hearing on Tuesday, 6 September 2011, at 7:00 pm. Please be advised that no comments may be 

received by Council after the close of the Public Hearing and any submissions made to Council, whether 

made in person or in writing, will form part of a public record. 

Relevant background information is available in the Planning Department for perusal Monday through 

Friday, except Statutory Holidays, between the hours of 8:30 am and 4:30 pm. Please do not hesitate to 

contact Ivo van der Kamp in the Planning Department with any questions you may have on the proposal. 

Sincerely, 

:tlc 

Please see reverse 

Z10-0020 

2nd Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 2X8 

T • 250-478-7882 F --250-391-3437 

P5

Regular Council Meeting 

August 15 lh , 2011 


b) That Section 2.1.1 of the Subdivision and Development Servicing Bylaw No. 1000 be varied by 

waiving the requirement to complete full frontage improvements, subject to the following 

terms and conditions: 

i. That the applicant provide a cash contribution of at least 50% of the 

ii. 

iii. 

iv. 

estimated cost of any required frontage improvements varied the 

Development Variance Permit (DVP) process; 

That the applicant work with staff to establish a driveway and grading plan, 

prior to issuance of the DVP, that retains all trees, including Arbutus and 

Douglas fir trees in the frontage to the satisfaction of the City Engineer and 

Parks Manager unless otherwise recommended by the Certified Arborist that 

a tree(s) must be removed to accommodate the work; 

That the applicant provide a Tree Preservation Plan prior to issuance of the 

DVP to the satisfaction of the Parks Manager; 

For every tree in the ROW that is removed or damaged during construction 

that the owner shall provide a 2:1 replacement. The replacement trees shall 

be native trees and the minimum caliper size of the replacement trees shall be 

7cm, to the satisfaction of the Parks Manager; 

v. That the owner provide a letter of engagement from a certified arborist, prior 

vi. 

to commencement of any work, confirming that there will be an arborist 

onsite during clearing and excavation to ensure that the trees being retained 

are being protected accordingly; 

That the applicant provide the necessary conduit for future underground 

electrical connection to each dwelling. 

CARRIED. 

2. Application to Rezone 961 and 963 Isabell Avenue from R2 (One- and Two-Family 

Residential) to RS3 (Residential Small Lot 3) to Allow for the Development of Approximately 

7 Single-Family Residential Lots (File No. Z-10-20 - 961 and 963 Isabell Avenue) 

MOVED BY: 

SECONDED: 

COUNCILLOR BLACKWELL 

COUNCILLOR WADE 

That Council proceed, with this rezoning by giving first reading to Bylaw No. 1339 to amend the zoning 

of the subject property from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) in 

order to accommodate development of the property, subject to the following terms and conditions: 

a) That the owner agrees to provide the following contribution, prior to Bylaw Adoption, to 

the General Amenity Reserve Fund: 

i) $9,300 per unit; and 

ii) $4.19 per m 2 of site area; 

b) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, registered in 

priority over ail other charges on title, that agrees to the following: 

i) That the applicant will incur all costs relating to infrastructure upgrades, including offsite 

works, required to manage the subject property's drainage concern, as a 

condition of rezoning of the lands; 

ii) 

That the applicant install a fire hydrant in a location approved by the Fire Chief; 

iii) That as a condition of subdivision, frontage improvements be provided to Subdivision 

and Development Servicing Bylaw No. 1000 standards, to the satisfaction of the City 

Engineer;


August 15 th , 2011 


iv) That required parking spaces provided in the garage portion of the buildings will be 

maintained as spaces that allow for the parking of motor vehicles; and 

v) That legal noise nuisance from the South Vancouver Island Rangers and nuisances 

from agricultural uses in the area be acknowledged; 

That the applicant provide a contribution, equal to 10% of the total market value of the property 

after rezoning, toward the General Amenity Reserve Fund, prior to Bylaw Adoption. 

CARRIED. 

3. Application to Amend the Zoning Designation of the Property at 554 Goldstream Avenue 

from RM2 (Attached Housing) Zone to MUIA (Mixed Use Residential Commercial A) to 

Allow for the Redevelopment of the Site Consisting of Two (2) new Affordable Housing 

Apartment Rental Buildings (File No. Z-ll-0021 - 554 Goldstream Avenue) 

MOVED BY: 

SECONDED: 



That Council 

1. Direct staff to prepare a bylaw to amend the zoning designation of the property at 544 

Goldstream Avenue from RM2 (Attached Housing) to MUIA (Mixed Use Residential Commercial 

A), subject to the following terms and conditions: 

a) That as a bonus for increased density on the subject property, the owner agrees to 

provide the following contributions per dwelling unit at the time of building permit: 

i. $4,400 towards the General Amenity Reserve Fund. 

b) Waive the amenity contribution of $4,400 per unit, or an amount to be determined by 

Council, for each dwelling unit that will be rented at 10% below market rate for a minimum of 

5 years and that these parameters are secure in a Housing Agreement registered to title in 

priority over all other charges prior to bylaw adoption; 

c) Request that the applicant preserve the existing greenspace at the rear of the property, the 

bedrock outcrops and cluster of trees in the middle of the site to the satisfaction of the City 

Planner, and provide a survey showing the areas to be preserved prior to final adoption of the 

bylaw. 

d) Request that the applicant provide the following items prior to bylaw adoption: 

i. Register a no-build, non-disturbance covenant to the satisfaction of the City Planner that 

ii. 

outlines the areas to be preserved on site; 

Register a S.219 Covenant that agrees to the following: 

a. That the owner ensure the removal and control of invasive species (i.e. Scotch 

Broom and Himalayan Blackberry) on the site; 

b. That the owner provide secure bicycle storage on site for residents to the 

satisfaction of the City Planner; 

c. That the owner provide full frontage improvements and apply the Goldstream 

standard, which includes, but not limited to, red brick sidewalks, boulevard, street 

trees and street lighting, to the satisfaction of the City Engineer; 

d. That the applicant provide a stormwater management plan prepared by a 

Professional Engineer, prior to issuance of Building Permit, that will 

provide 

appropriate measures to manage stormwater onsite and to regulate both the quality 

and quantity of storm water runoff from the site; 

e. That the applicant provide a traffic and public safety plan and construction parking 

plan, prior to any onsite works and/or clearing, to the satisfaction of the City 

Engineer;

Minutes of the PZ&A Committee 


Page 3 of5 

b) Application to Rezone 961 and 963 Isabell Avenue from R2 (One- and Two-Family Residential) 

to RS3 (Residential Small Lot 3) to Allow for the Development of Approximately 7 Single- 

Family Residential Lots 

- Staff Report (File No. Z-10-20 - 961 and 963 Isabell Avenue) 

MOVED BY: 

SECONDED: 

N, STEWART 


That the Planning, Zoning and Affordable Housing Committee recommend to Council: 

That Council proceed with this rezoning by giving first reading to Bylaw No. 1339 to amend the 

zoning of the subject property from R2 (One- and Two-Family Residential) to RS3 (Residential 

Small Lot 3) in order to accommodate development of the property, subject to the following 


a) That the owner agrees to provide the following contribution, prior to Bylaw 

Adoption, to the General Amenity Reserve Fund: 

i) $9/300 per unit; and 

ii) $4.19 per m 2 of site area; 

b) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 

registered in priority over all other charges on title, that agrees to the following: 

i) That the applicant will incur all costs relating to infrastructure upgrades, 

including off-site works, required to manage the subject property's drainage 

concern, as a condition of rezoning of the lands; 

ii) 

That the applicant install afire hydrant in a location approved by the Fire Chief; 

iii) That as a condition of subdivision, frontage improvements be provided to 

Subdivision and Development Servicing Bylaw No. 1000 standards, to the 

satisfaction of the City Engineer; 

iv) That required parking spaces provided in the garage portion of the buildings will 

be maintained as spaces that allow for the parking of motor vehicles; and 

v) That legal noise nuisance from the South Vancouver Island Rangers and 

nuisances from agricultural uses in the area be acknowledged; 

c) That the applicant provide a contribution, equal to 10% of the total market value of 

the property after rezoning, toward the General Amenity Reserve Fund, prior to 

Bylaw Adoption. 

CARRIED.

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GOLDSTREAM NEWS GAZETTE - Wednesday, August 24.2011 

www.goldstreamgazette.com 

•A9' 

Metchosin boy airlifted 

from Lake Cowichan area 

A five-year-old 

Metchosin boy with 

head injuries was airlifted 

to Vancouver 

•tioSjjftalafter falling 

froni.a bridge at GordoniBay 

Provincial 

Pcirki near Honeymppn 

Bay. 

Theboyfellabout 

three metres into a 

•rocky area on Aug. 17, 

atabout6pjn.,RCMP 

say. 

""It appears to be an 

accidental fall," Lake 

Cowichan RGMPGpL 

\Wrren Potter said. 

"He. fell and hit the 

.baafpf his .head." 

Tiieyoungster--waS' 

still-in theMensiyecare 

unit at Vancouver 

Children's Hospital Friday. 

Hf s name has not 

been released. 

"Because the child 

was transported in a 

B.C. Air Ambulance, 

that puts the situation 

in serious to critical," 

B.C Ambulance 

' spokesperson Kelsie 

Carwithen said. 

—Cowichan News 

Leader 

City of 

Notice 

Public 

Langford 

of 

Hearing 

Edward HIB/Nem faff 

Welcome home 

Bearing International Securiiy Assistance Force (ISAF) patches from Afghanistan, CapL Dawn 

PapandbombardlerStefanConquistaretwoofaboutadozenveteransofAfghanlstanhonoured 

Saturday by the Royal Canadian Legion in Langford. The legion hosted a remembrance and 

welcome home ceremony and barbecue for Canadian veterans and their families. 

Transit eyes * 

Erin McCracken 

News staff 

Manuel Achadinha steps onto 

the electric bus and quickly 

finds a place to stand. 

There is aslight hum as the 

vehicle, equipped with batteries 

Instead of a gas tank, and solar 

panels on the roof, rolls out of 

the BC Transit yard in Victoria. 

There is a blast of air as the 

driver rides the brake as the 

made-in-China bus rounds the 

comer. 

"I think this is the future," 

said Achadinha, BC Transit 

president and CEO. "I think 

we're a couple o£ years away." 

He unveiled the eBus last 

Thursday, manufactured by 

BYD (Build Your Dreams) Company, 

as well as an 

Alexander Dennis double-decker 

bus, outfitted 

with a new Cummins 

engine that bums 

less fuel, but has the - 

same horsepower. 

The electric bus' 

was in Victoria for ' 

four days to give BC 

Transit mechanics the 

chance to look under 

the hood. 

The vehicle is worth 

$650,000, plus $40,000 

for an electric charging 

dock, and can travel up 

to 250 kilometres on a 

single charge, though 

Achadinha prefers 

buses that can travel 

400 kilometres. 

"I think this is very 

reasonable In terms of 

our cost," Achadinha 

said. "We're paying half 

a million dollars for a 

regular bus." 

. Don Denton/News tfalf 

The zero-emission BYD electric bus, eBus-12, from China 

gets a test drive along Gorge Road. The bus-can travel up to 

250 kilometres on one battery charge. 

The electric model would 

also save fuel, which costs BC 

Transit $25 million a year province-wide. 

BC Transit bought the first 

dlesel-electric doubledecker 

bus in North America in 2010. • 

ediCor@goldstreamgazeae.com 

Fi^VIeiioriri Funefil bmces^ 

.Garden

GOLDSTREAM NEWS GAZETTE -Wednesday. August 31,2011 

HST transition time chance to 

reform tax system, says prof 

:dward Hill 

tews staff 

B.C. voters have ditched the 

:ontroversial HST, but a Royal 

toad University business proessor 

says the time is still ripe 

or the province to streamline 

t's sales tax system. 

Terry Power, a professor of 

' itrategic and advanced intemaional 

studies in the RRU school 

)f management, argues the HST 

vas a good system for British 

Columbia, but rolled put in a 

iam-flsted way due to shabby 

)lannlng. 

Like many observers, Power 

jlames the failure of the HST 

Bferendum on how former prettier 

Gordon Campbell Imposed 

he tax shortly after the 2009 

•lection, and with no broad 

jublic consultation. 

Victoria Regional 

Service 

Power suspects mounting 

Winter Olympic costs may'have 

spurred the government to seek 

new revenues more than the 

lagging global economy, and 

says the $1.6 billion In transition 

funding was a "quick fix" for a 

government In panic 

The process was not done 

correctly due to the idiosyncrasies 

of {Campbell),'' Power said. 

The HST was a good tax, it was 

a step toward what 1 call a universal 

flat tax" 

The 18 month transition 

period to revert back to'GST- 

PST gives the government the 

window to create a simple single 

sales tax system in an open 

and transparent way, he said. 

Small and medium business 

is overburdened with red tape, 

Power argues, and sales taxes, 

if not Income taxes, should be 

Transit 

Changes 

Effective Tuesday, Sept. 6 

• Introducing more service and route number • 

changes to standardize our route numbers. 

• 13 Cadboro Bay/UVic - hew Saturday 

service and more service Monday to Friday. 

simplified for all. 

The government is at a 

crossroads. It can return to 

GST-PSTand hire 300 tax collectors 

and spend $300 million," 

he said." 

"Or they can take the opportunity 

to revise the tax system 

and return to a flat tax. If (the 

government) communicates 

what it's doing. Campbell tried 

to hand down change without 

communicating," 

Anything akin to the HST 

might beseen as politically 

toxic within government, but 

Power said Premier Christy 

Clark Isn't completely tarnished 

by the Campbell era.. 

"I think people will work with 

Clark," he said. "She has demonstrated 

a willingness, to collaborate 

and talk with people." 

edito!




File No. Z l l - 0 0 0 9 

A Bylaw to amend the CD2 (Comprehensive 

Development - Hull's Field) Zone to permit a 

Brew Business (Bailey's Brewhaha) at 

128 -1047 Langford Parkway.





A. Langford Zoning Bylaw No. 300, 1999 is amended in respect of the CD2 (Comprehensive 

Development 2 - Hulls Field) Zone as follows: 

1. By inserting the following in Section 6.91.01(2) in alphabetical order: 

(ii) on land legally described as Lot 2, Section 80, Esquimalt District, Plan V1P83598 PID 027-183- 

033 (128-1047 Langford Parkway) a u-brew brewery is permitted. 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 317, (128- 

1047 Langford Parkway), 2011". 







MAYOR 


CORPORATE OFFICER

-t- 

Ai8 • www.goIdstreamgazette.com 

Wednesday, August 31.2011 - GOLDSTREAM NEWS GAZE 

J a n e G o o d a l l brings h e r stories to Victoria 

Erin Mccracken 

News staff 

A worldwide household name 

synonymous with pioneering 

research on chimpanzees is coming 

to Victoria. 

Jane Goodall will be sharing her 

stories from the field where she 

did much of her groundbreaking 

research, beginning in 1960. 

The Oct 15 hmdralsing lecture, 

Reason for Hope: Exploring the 

Challenges of Science and Soul, 

will support the Toronto-based 

Jane Goodall Institute of Canada, 

which she founded In 1993. 

Victoria is .one stop on a tour 

Goodall Is on, marking the 50th 

anniversary of the beginning 

of her pioneering research Into _ 

chimp behaviour. 

"We just think it's a perfectly 

timed event for this critical time 

in our history" said Hilary Leighton, 

director of continuing studies 


Notice of 

Public Hearing 

NOTICE of Public Hearing for the following proposed Bylaws to amend 

Zoning Bylaw No. 300 forthe City of Langford Is hereby given. All 

persons who believe that their interest In property is affected by the 

proposed Bylaws will be afforded a reasonable opportunity to be 

heard or to present written submissions respecting matters contained 

In the Bylaws at Ihe PUBLIC HEARINGS to be held In the C1TY0F 

LANSFORD COUNCIL CHAMBERS, Third Floor, 877 Goldstream 

Avenue, Langford, BC, on Tuesday, 6 September 2011, at 7:00 pm. 

Please be advised that no comments may be received by Councii after 

the close of the Public Hearing and any submissions made to Council, 

whether made in person or in writing, will form part of a public record. 

Bylaw No. 1359 ' 

Purpose: - The purpose of Bylaw No. 1359 is to amend the City 

of Langford Zoning Bylaw No. 30D by amending the 

zoning designation of the land that is the subject of 

Bylaw No. 1359 from R2 (One and Two-Family Residential) 

to the R4 (One-Family Residential 4) zone In 

order td permit'the construction of one single family 

dwelling and an accessory building containing a 

secondary suite- 

Applicant: Naveen Bains 

Location: The land that Is the subject of Bylaw No. 1359 is 2657 

* Florence Lake Road as shown shaded on the plan. 

at Royal Roads University, which 

Is sponsoring the lecture. 

Goodall's dedication to her 

work led to many discoveries that 

changed the way we understand 

chimpanzees, including that they 

make and use tools and eat meat 

When her Institute cpntacted • 

Royal Roads University about 

hosting Goodall, the news caused 

astlrattheschooL 

"We absolutely saidyes," Leighton 

said, adding that the connections 

between the university 

and the institute run strong 

since graduates have gone 

Jane Goodall 





Zoning Bylaw No. 300 for the City of Langford is hereby given. All 

persons who believe that their Interest In property is affected by the 



in the Bylaws at the PUBLIC HEARINGS to be held In the CITY OF 

LANGFORD COUNCIL CHAMBERS, Third Floor, 877 Goldstream 


Piease be advised that no comments may be received by Council after 


whether made In person or in writing, will form part of a public record. 

Bylaw-No-1354 

Purpose: 

Applicant; 

Location: 

The purpose of Bylaw No. 1354 Is to amend 

the City of Langford Zoning Bylaw No. 300 by 

amending the CD2 (Comprehensive Development-Hull's 

Field) Zone to permit a U-Brew 

Business (Bailey's Brewhaha) at 128 - 1047 

Langford Parkway. 

Duncan Mcgee 

The land that Is the subject of Bylaw No. 1354 

Is 128-1047 Langford Parkway as shown shaded 

on the plan. 

on to work and volunteer at the 

centre, which supports wildlife 

research, educaUon and conset 

ration. 

Tickets for the spedal evenin 

were quietly launched Aug. 22, 

and already the response has 

been Incredible, Leighton said. 

It's no wonder. 

The global environmentalist 

Is also a United Nations Messer. 

ger of Peace, as well as a highly 

regarded author, having pub-. 

lished several books which will 

be signed and sold at the upcoi 

Ing lecture. 

"Her work Is pivotr 

In terms of human 

behaviours and our 

impact on our planet 

Leightoti said. "She's 

the person who brioj 

feeling Into this work 

'in a rigorous and con 

structlve way. She's 

quite an amazing 

woman," 

Premium ticket 

holders will have the 

chance to meet Gooc 

all on Oct 15 and en] 

wine and cheese in 

Wood Hall at the Alix 

Goolden Performanci 

Hall, 907 Pandora Avi 

from &30 to 730 p.m 

The main lecture Is 

7:30 to 9:30 p-m. 

Tickets are availab: 

attheRoyal&McPhe 

son Theatres Society 

box off ice, by calling 

25048&612I orvisith 

www.rrats.bcca. 

editor&goldstreamga 

zette.com 

Cops strut 

their stuff fa 

Tour de Rod 

COPIES of the complete proposed Bylaw and other related material 

may be vjewed during office hours 6:30 am to 4:30 pm, Monday to 

Friday (holidays excluded), from Monday, 22 August 2011 to Tuesday, 

6 September 2011, inclusive, at the Langford City Hall, Second Floor, 

877 Goldstream Avenue, Langford, BC, V9B 2X8. Please contact 

the Planning Department at 250-478-7882 with any questions on this 

Bylaw. 

Jim Bowden 

Administrator 


may be viewed during office hours 8:30 am to 4:30 pm, Monday to 



877 Goldstream Avenue, LBngford, BC, V9B 2X8. PIbbso contact 

the Planning Department at 250-478-78B2 with any questions on this 

Bylaw. 

Jim Bowden 

Administrator 

Tour de Rock riders 

will be hitting the 

runway before jumpli 

on their bikes for the 

Canadian Cancer Soc 

ety Cops for Cancer 

Tour de Rock trip on 

SepL 24. 

A fashion show, 

organized annually, bi 

the Canadian Cancer 

Society, will help ride 

raise funds for pediatric 

cancer research 

and Camp Goodtimes 

a summer camp for 

kids with cancer. 

The event takes 

place at the Chief and 

Petty Officers'Mess a 

CFB Esquimalt on Ser. 

11. Doors open at 11 

a.m., the show starts 

noon. 

Tickets cost $50 

each or S300 for a tab 

of six, and are availab 

by calling Sandy at 25 

3864768 or emailing 

Jsrozon@shaw.ca. 

For more on Tour 

deRockfundraising 

events, see www. 

tourderoclcca under 

- Upcoming Events.

8 • vwwtgoldsfreamgaz 

Wechesaay,Ajgust24,2011 -GOLDSTREAM NEWS GAZETTE 

• Continued from Page Al 

ar animals have never become sick from . 

atlng the plant, but animals on southern Var^ 

ouyer Island and the Fraser Valley have died 

•om Ingesting the plant 

The plant becomes toxic when mixed with 

ver enzymes,'according the B.C. Ministry of 

igriculture. 

Once ingested it can lead to liver failure and 

ven death. The flowersof the-plant contain 

he majority of potential toxins. 

TansyTagwort Isn't a.desirable food forinimals, 

but they can mistakenly eat It while 

nunching on grass. It can be dangerous when 

t grows in pastures where ftcan get mixed in 

inimal feed'suchas hay. 

' Removing the tansy ragwort is easy,- Ather- 

• Advertisement 

Remember your vacation. 

Not the medical bills. 

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grey skies and dreary weather 

are looming^ if you're planning 

an extended fall or winter trip 

south In search of sunny blue 

skies, you are probably also 

planning your travel Insurance. 

If you're like many sndwblrds, 

you may even, have an annual 

policy to cover you throughout 

the year. However, If you are 

heading away for .a longer 

period oftime, here 

are a 'few travel 

Insurance factors 

to consider before 

driving or jetting 

off: 

If you have an 

annual multl trip 

policy, ensure JAHELLA 

It covers you WILSOH 

for the duration 

of your stay. If 

not, most Insurers, including 

BCAA, will allow you to 

upgrade your policy with . 

longer coverage. 

Understand the.bene.fits and_ 

limitations of your coverage' 

before you go. For example: 

. If you need to return home 

prematurely to undergo 

medical treatment, Is there 

coverage to get you back 

to your vacation spot once 

you recover 

. Do you have pre-exlstfng 

conditions If so, are you 

covered If they act lip while 

you're outside of B.C. 

Some companies offer 

joptiopal coverage for preexlstfng 

conditions, but it's 

Important to understand 

how this coverage works. 

Familiarize yourself with all 

of the related definitions 

and exclusions. 

Call 310-2345 or 

click on bcaa.com 

ton said as she dons gloves, grabs the thin 

stem and simply pulls it from the ground. 

The ragwort bunch is crawling with caterpillar-like 

dnnibar moth larvae, the legacy of 

a 50-year federal government biological control 

program. 

From 1962 and continuing to this day Agriculture 

Canada imports predators of tansy 

ragwort, induding the cinnabar moth and 

tansy ragwort fleabeetles. , • 

While the patches of the plant don't compare 

to roads lined with Scotch broom, Atherton 

says the tansy ragwort could become as 

dominant as broom if left to flourish. 

"Every year in the late spring I thlnk'tO'' 

myself that I should be putting posters 

around with pictures of the culprit" 

rEporter@goIdstrearugazelta.com 

• Wili your policy cover you 

for. ongoing treatment 

and follow-up visits while 

you're away 

Typically, emergency medical 

Insurance Is for Just that 

— emergencies. It Is not the 

same as provincial health care, 

which covers regular doctor 

visits. Most benefits end once 

the medical emergency is over 

and will -not cover 

you for ongoing 

• consultation' 

,and treatment. 

.Unknowingly 

continuing with 

foljow-up doctor 

visits could re5Ultln 

a Costly medical bill 

for which yo u wo uld 

* be responsible. 

It's important to 

note that Health 

Insurance BC may only cover. 

1056 of medical expenses 

Incurred outside of the province. 

Considering, the high cost-of 

health care outside of Canada, 

especially in the US, It's crucial 

to ensure you have adequate 

Insurance, You can purchase outof-provlnce 

emergency medical 

coverage through private 

insurers to protect yourself from 

the financial burden an accident 

or illness could cause. 

Before you go,. remember 

to/esearch. 'and purchase the 

appropriate policy for you and 

your .trip. BCAA can provide you 

with expert advice and travel 

insurance coverage to suit your 

individual needs, so you can 

be sure to remember your next 

vacation, not the medical bills. 

Janella Wilson Is an Insurance Advisor 

at BCAA. She eon be reached at 

Janelta.wllsan@bca a. com. 

WMmmmmmmmmffimmm 

ICQ 

Relax.We*ve' got It covered. 

on damage from deer 

In response to growing concerns 

over the urban deer population in 

Greater Victoria, the Capital Regional 

District is coUKting-datato determine 

howrmuch.pfanuisancetiieyppse 

Discussions- befwe'en the" province 

and the CRD about ^regional deer 

management strategy have gone 

slowly, but CRD staff have begun the 

process of Information gathering'in 

order tffhav^ as mucKMowledgeof 

the situation as possible" 

The issue was renewed last week 

when.OalcBay.Coun. John Herbert 


Public 

Notice 



Hearing 

NOTICE of Public Hearing for-the following proposed Bylaws to amend 

Zoning Bylaw No. 300 for the City of Langford is hereby given. All 

persons.who believe that their Interest In property is affected by the 

proposed Bylaws will be afforded a'reasonable opportunity to be 

heard or to present-written submissions respecting matters contained 

in the Bylaws at the PUBLIC HEARINGS to be held in the CITY OF 



Please be advised that ripcomments may be received by Council after 


whether made In person, or in writing, will form part of a public, record. 

Bvlaw No. 1354 

Purpose: The purpose'of Bylaw Mo. 1354 Is to amend 

the City of Langford Zoning Bylaw No. 3Q0 by 

amending the CD2 (Comprehensive Development 

- Hull's Field) Zone to permit a U-Brew 

Business (Bailey's Brewhaha) at 123 - 1047 

Langford Parkway. 

Applicant: DuncanMcgee 

Location: The land that is the subject of Bylaw No. 1354 

is 128-1047 Langford parkway as shown shaded 

on the plan. 

expressed his frustration at the lack of 

progress that had been made. 

Bob Lapham, general manager of the 

CRD's planning, transportation and protective 

services committee, saidlCBC, 

local conservation, officers and police 

are all being consulted to figure out 

how much damage deer are causing. * 

West Shore residents are encouraged 

to email Lapham at deermanagement® 

crd.bc.ca to share their experiences 

with/the animals, and give the CRD a 

more complete picture of the issue 

editoi@gGldstreii3rTigazene.com 

Lid 

COPIES of the complete proposed Bylaw and'other related material • 



5 September 2011; inclusive, at the Langford City Hall, Second Floor* 

877 Goldstream Avenue, Langford, BC, V9B 2X8. Please contact 

the Planning Department at 250-478-78B2 with any questions on' this 

1 

Bylaw. , 

Jim Bowden 

Administrator 

Close call 

for View 

Royal home 

. Sam Van Schie 

News staff 

Firefighters made 

quick work of a minor / 

blaze insideaView 

Royal home Friday 

afternoon. 

The fire sparked in a 

bedroom on the upper 

(loor of a two-storey 

home on at the comer 

ofWatkissWayand 

Creed Road. 

The lone man in the 

home was treated for 

smoke inhalation by 

BC Ambulance paramedics 

after trying 

to extinguish the fire 

himself. 

Fire crew from View 

Royal and Colwood 

were called to the 

scene around 2:30 p.m. 

and had the fire out 

within two minutes — 

before it could cause 

much damage 

The home had to 

be ventilated and 

a charred mattress 

removed, but View 

Royal fire Chief Paul 

Hurst said there was 

no structural damage 

A total of 15 firefighters, 

two fire engines, a 

ladder truck and a rescue 

vehide responded 

between the two 

departments. 

P24




NOTICE of Public Hearing on Bylaw No. 1354; being the proposed Bylaw to amend Zoning Bylaw No. 300 









by amending the CD2 (Comprehensive Development - Hull's Field) Zone to permit a U- 

Brew Business {Bailey's Brewhaha) at 128 -1047 Langford Parkway. 

Applicant: 

Location: 

Duncan Mcgee 

The land that is the subject of Bylaw No. 1354 is 128-1047 Langford Parkway as shown 

shaded on the plan. 

COPIES of the complete proposed Bylaw 

and other related material may be viewed 

during office hours 8:30 am to 4:30 pm, 

Monday to Friday {holidays excluded), from 

Monday, 22 August 2011 to Tuesday, 6 

September 2011, inclusive, at the Langford 

City Hall, Second Floor, 877 Goldstream 

Avenue, Langford, BC, V9B 2X8. Please 

contact Grant Liebscher in the Planning 

Department at 250-478-7882 with any 

questions on this Bylaw. 

Jim Bowden 

Administrator 

P25



22/08/2011 




The owner is proposing to amend the CD2 (Comprehensive Developments Hull's Field) Zone to permit a 

U-Brew Business (Bailey's Brewhaha) at 128 -1047 Langford Parkway. To implement this change to the 

City of Langford Zoning Bylaw, a Public Hearing is required. 



Hearing, Council would welcome your comments in writing, as long as they are received before or at the 






contact Grant Liebscher in the Planning Department with any questions you may have on the proposal. 

Sincerely, 

:scj 


Zll-0009 


T • 2,50-478-7882 F • 250-391-3437 

P26

Minutes of the Regular Meeting of Council 

June 20 m , 2011 

PageSof16 


a) Planning, Zoning & Affordable Housing Committee - June 13 ,2011 

1. Application to amend the CD2 {Comprehensive Development - Hull's Field) Zone to 

permit a U-Brew Business (Bailey's Brewhaha) at 128 - 1047 Langford Parkway (File 

No. Z-ll-0009) 

MOVED BY: 

SECONDED: 


COUNCILLOR SIFERT 

That Council direct staff to prepare a bylaw to amend the zone of the property at #128 - 

1047 Langford Parkway to allow for a U-brew brewery as a permitted use. 

CARRIED. 

2. Application to rezone the property at 671 Hoylake Avenue from R2 (One and Two- 

Family Residential) to the RS3 (Residential Small Lot 3) zone in order to create a 3-lot 

subdivision (File No. Z-ll-0012) 

MOVED BY: 

SECONDED: 


COUNCILLOR SZPAK 


zoning of the subject property at 671 Hoylake Avenue from R2 (One and Two-Family Residential) 

to RS3 {Residential Small Lot 3), subject to the following terms and conditions: 

a) That the owner agrees to provide as a bonus for increased density, the following 

contributions per dwelling unit prior to bylaw adoption: 

i) $10,900 towards the General Amenity Reserve Fund. 

b) That if the larger lot at 664m2 (7,147ft2) is further subdivided in the future, that the 

owner agrees to provide as a bonus for increased density, the following contribution 

per dwelling unit prior to issuance of a building permit: 


c) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 

registered in priority over ail other charges on title, that agrees to the following: 

i) The applicant shall provide frontage improvements along Belair Road and 

Hoylake Avenue to Subdivision and Development Servicing Bylaw No. 1000 

standards, and to the satisfaction of the City Engineer; 

ii) 

iii) 

The applicant shall demonstrate that the site can handle on-site storm 

water management. If drainage cannot be managed on site and works are 

required to be constructed beyond the subject parcel, the applicant will 

incur the costs of such works as a condition of rezoning; and 

That the applicant shall provide to the City of Langford a 5 metre by 5 metre 

corner cut road dedication at the corner of Belair Road and Hoylake Avenue 

to the satisfaction of the City Engineer, prior to final adoption of the bylaw. 

CARRIED.

Minutes of the PZAH Committee 

June 13 th , 2011 


4. REPORTS 

a) Application to amend the CD2 (Comprehensive Development - Hull's Field) Zone to permit a U- 

Brew Business (Bailey's Brewhaha) at 128 -1047 Langford Parkway 

- Staff Report (File No. Z-ll-0009) 

MOVED BY: 

SECONDED: 


M. HALL 


That Council direct staff to prepare a bylaw to amend the zone of the property at #128 -1047 

Langford Parkway to allow for a U-brew brewery as a permitted use. 

CARRIED. 

b) Application to rezone the property at 671 Hoylake Avenue from R2 (One and Two-Family 

Residential) to the RS3 (Residential Small Lot 3) zone in order to create a 3-lot subdivision 


MOVED BY: 

SECONDED: 

M.HALL 

S. HARVEY 


That Council: 

1. Proceed with this rezoning by giving first reading to Bylaw No. 1344 to amend the zoning of 

the subject property at 671 Hoylake Avenue from R2 (One and Two-Family Residential) to 

RS3 (Residential Small Lot 3), subject to the following terms and conditions: 

a) That the owner agrees to provide as a bonus for increased density, the following 

contributions per dwelling unit prior to bylaw adoption: 


b) That if the larger lot at 664m2 (7,147ft2) is further subdivided in the future, that the 

owner agrees to provide as a bonus for increased density, the following contribution 

per dwelling unit priorto issuance of a building permit: 


c) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 


i) The applicant shall provide frontage improvements along Belair Road and 

Hoylake Avenue to Subdivision and Development Servicing Bylaw No. 1000 

standards, and to the satisfaction of the City Engineer; 

iii) 

The applicant shall demonstrate that the site can handle on-site storm 

water management. If drainage cannot be managed on site and works are 

required to be constructed beyond the subject parcel, the applicant will 

incur the costs of such works as a condition of rezoning; and

CITY OF LAN0F0R0 

Planningan&Zoning 

LstigfOte, BO V9&2X8 

website: fittpy/cifyoflangfo'in'.co' 

ptiane:(25Q) 474-6919 

fox (250)391-3436 

Staff 

Report 

to 

P l m n i m , Zoning and Affordable Housing Committee 

0ate! June 2011 

Fim 

z-ii-i>o$9 

Sybjevp; Application io amend the ®M2. (Campriehehsive Eemiibpmtit ^HuWs Field) 

to- pjsymft, a &Btm Business (Bailey's, Bretfhaha) at 12$ -. 1047 

Langford Parkway 

DuMan' Mc@e& fta'S ^pifed om behalf of Hulls- Business Park Inc, to amend the CP2 

pompjreê^sive OJBVelQpment - Wtillfe Field) !Zorie to peprnit a U-Braw bttsiness^ (Bailey's 

fewj^ 

1f47" kafigfbrd farkway, ' 

BAGKGRÔllP 

b't\ MriS&Tl'Vfim, WMm\\$#o$$ti B#Iayy T% 474 which rezQire^.the s^bjeotlanci'tp the GD2 

(Coraprehehste EffevelopBtlt : - Hull's Rierdj' zehe; (File No. Z-98-0,8). the applicant has 

remtify aM\BMor&7mmm ®*V termi DVP) ft-permitthe UrBrew'busine§stto operate at 

12.8 - 1©#P Uawfei# feaftway, fcfe >fe. T;0fM1-QpG)3). This' fife w£& on toe Planning, .Zoning 

anti .^ffo ( r(iabj[e rHpusirqg tro-mm'irtee ageftda. on May. 2011 with a- resolution to support the 

requ.eittQria Tl]P. 

jApp-IIGanfe 

' ©Wo;er; 

' Civie: 

Le,gal: 

Ftb'a^rJiaiW' 

Dey.ete'pro^ritiP'gfm iS&eas 

Duncan |v1c|e.e 

•Mu|£ Buslhe^Park Inc 

IBB* *7"Langford Rarkway 

J-^^q3E«r 60,. Esûifnaft ; D.tst^t ( Plan VIP8J598 

^bl^tlornpreriensive Developments-Mulls Field) 

NeirihfeAuihojpy. 

;ri/a 

m

Pa'ge 

S^RRaiJ^DJ^G AREA 

TteSMli^Gôirjefty 'is sijfua,te^:;pmtijie su.ujh side of Langford Parkway,- two lots easl of 

EagleWg^ 

table ZiSiimmmrna Landttses 

mm' 

Land 'Use 

Zbtiing; 

East . ©ornmereliaf . . £D'£ ; pompneh^^^^ 

: 

SMi Eisldeltfa'l 

' R2 : l©rieM# W 

•VVe;st ©QmrPterGial GDI fGompirehensive-Deve'lbDment ^Hull's. Field). 

P30

tfre ©ffiGia] ip.mm.rt|y #lan forihw frogarfy ts Refined a| Neighôarhob& mcU states ttiat 

Ail-ireeêa^ #land$b©&&. aodîn-the KÛ&Pielei: GtD2 zane.(see Figure 2 belew^mit 

esfa^lisftmefife iii : km : mxm= ilfww U$m*m .uncler the tfeor m ^ ^ m Acf, 

however, % tats B pe-» «e: StiBjiagf: Wâi): and & ^staj3PhmMtp»ding ktfUbr 

m»sf'm vxg&fflk m € w ml \&m •pfetts.teent p^vWra (iqM'or-witûf also- prodding 

•fooi Wmml &m net mm fpo.i.mî]mmfme doe>-n'ot 

quajjfy fg ;pr#aoe; W *se^ ft*** pF^ducts..' If :G©UBG11 -.wished to.- SVippm. 'tine appliGaWs 

E)evelspm:ert fe^pf tfejnflfed aiparftpg stall etpyrit-bf 60 spaces jaer. building within 

#ie" Wei # j ii®is;faFi; Mow iis §&iaje: u .# n .. the sy.bje.Gjt building mm$$ this, number 

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Qoun/ejl rfiayîs'a wisifo. toônsTdef amefodi'nf » GE2 zone feT-' Lot B in- Schedule |Sho'ftn 

MM 'Vitfiicji 'fife' s^pwate [o.te $pf -WHish fwo are built grid, a X^H h currently being 

e^dstiliGt&ci) ;oi iifeSnalkei^ m^tiSl rn'ay - wBb'tp; pt amend trie: zone forthe subject pfbfe'rty 

only; 

F&tire Z;i&c/jî/fe -< r 0«'df>*fte;CJB2 (e!07rtfp#ehe*is^ 

- WHIPS Fietd)Zc.ne

Subject-! £WOO'0$ '^M28 •-• iti#7 kahgfortl Pa&my 

Page 4offr 

_ 

OPTION 

ThsHhe; $\m8m-,>%®fa® 

biasing Gemmjttee peGommend: 

ThatôuncjH 

1. Direct Staff- to. prep.arfi-a b^laW' £6' tameftd tn> zofte df -the property at #1-2S - 1:047 Langford 

Paâydp; alWfbn a, U^reW''êwery; as a permitted use; 

OR 

2. Direct staff ;to. mpm •AMmM- amend'the zpne ef the property at #12.8 -1047 Langford 

pafea^ m4Mll^pp^^WitHib kfel B) oT&ohedule *®* Wilftih the GD2 zeM to -allow for a 

m 

$, Reject this application ttianlfefttittfe :QDE (Gbmpfehensiye Development - HuNS Field) zone. 

p

&/0feof Mt-tiom^&f28- y tQ47 

June id* mi 

PjigsSioH. 

Langfort Parkway 

REZQMNG 

B¥:LMAMEN0MENT 

i2M®4¥ k$n§fw

Subjefib Ztf.irM09~#f2$ 




File No. Z l l - 0 0 1 6 

A Bylaw to Rezone 2741, 2749, 2751, 2753, 2757 and 2761 

Spencer Road from R2 (One- and Two- Family 

Residential) to MUIA (Mixed Use Residential 

Commercial A) and 996 Preston Way from CTl (Tourist 

Commercial 1) to MUIA (Mixed Use Residential 

Commercial A) to allow for the development of mixed 

use residential commercial uses. 

P35






1. By deleting from the R2 (ONE- AND TWO-FAMILY RESIDENTIAL) ZONE and the CTl (TOURIST 

COMMERCIAL 1) ZONE and adding to the MUIA (MIXED USE RESIDENTIAL COMMERCIAL A) 

ZONE the properties legally described as Lot B, Section 5, Esquimalt District, Plan 28421, Except 

Parts in Plans VIP62970, VIP65827 And VIP84875; Lot 3, Section 5, Esquimalt District, Plan 

11861, Except Parcel A (DD 73969-W) Thereof and Except Parts in Plans VIP62939 and 

VIP65827; Parcel A (DD 73969-W) of Lot 3, Section 5, Esquimalt District, Plan 11861, Except 

Parts in Plans VIP62911 and VIP65827; Lot 1, Section 5, Esquimalt District, Plan 11379, Except 



Parts in Plans VIP62914 and VIP65827; and Lot A, Section 5, Esquimalt District, Plan VIP86897; 

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 

MUIA 

(Mixed Use 

Residential 

Commercial A) 

Bylaw 

No. 

Legal Description 

1358 Lot B, Section 5, Esquimalt District, Plan 

28421, Except Parts in Plans VIP62970, 

VIP65827 And VIP84875; Lot 3, Section 5, 

Esquimalt District, Plan 11861, Except Parcel 

A (DD 73969-W) Thereof and Except Parts in 

Plans VIP62939 and VIP65827; Parcel A 

(DD 73969-W) of Lot 3, Section 5, Esquimalt 

District, Plan 11861, Except Parts in Plans 

VIP62911 and VIP65827; Lot 1, Section 5, 

Esquimalt District, Plan 11379, Except Parts 

in Plans VIP62912 and V1P65827; Lot 2, 

Section 5, Esquimalt District, Plan 11379, 

Except Parts in Plans VIP62910 and 

VIP65827; Lot 3, Section 5, Esquimalt 


VIP62914 and VIP65827; and Lot A, Section 

5, Esquimalt District, Plan VIP86897 

Amenity Contributions 

a) $4,400 per dwelling unit 

created, in excess of 1, 

towards the General 

Amenity Reserve Fund. 

b) Notwithstanding (a), for 

every dwelling unit 

created that will be 

rented at 20% below 

market rate for a 

minimum of 5 years and 

secured in a housing 

agreement registered to 

title, the amenity 

contribution forthe 

construction of that unit 

shall be NIL



B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 321, (2741, 

2749,2751, 2753, 2757, and 2761 Spencer Road and 996 Preston Way}, 2011". 







MAYOR 


CORPORATE OFFICER



I HEREBY CERTIFY THIS TO BE A TRUE COPY 



MAYOR 

ADOPTION: 

Scale: N.T.S, 



iTREAM- NEWSTGAZETTE - Wednesday, August 24,2011 

www.'goldstreamgazette.com*' A27 

•lorth 

f 

itelyrun post-secondary 

ions have been warned: 

mts don't pay back loans, 

students could lose access 

anment loan funding, 

week, StiidentAid B.C. 

d 13 schools of their-offi- 

Agnation and left students 

ng those Institutions to 

ieir education Indepen- 

Since2006, 

condary instltulat 

have default 

-the percentage 

ent loan borrowh 

loan payments 

lilt — above ' 

cent for four 

e consecutive 

resubjecttoa 

lUon review by 

tAidB.C Desns 

are revoked 

Inlmum of two 

istitutibns in 

•Victoria were 

i by the recent 

own. The closiSprottShaw 

jnity College's 

l campus, with 

It rate of 38 

it In 2010. John 

, vice-president 

ations forSprott 

nmunity Col- 

.irmed that 

jprityof their 

ts are funded 

l student loans. 

5 the decision 

pointmentand 

it will affect sturith 

the most 

s.to education: 

Josing camn 

those commulie/re 

limiting 

ctive students' 

to education 

Ight not othbe 

able to. get 

l the public sysredyksald. 

decision to pull 

i^funded stuans 

is intended 

act students 

Treasonable 

il risk and serve 

•t interests of ' 

)ilc, wrote Min- 

Advanced Edu- 

Vaomi Yamaoto 

tement to the ' 

available for^stuidents attending 

the Victona campus, which 

has been abpve the 28 per cent 

default standard' for the last four 

years. 

While underreview, the ministry 

has asked schools to'have 

apian wrpiacefo-ensure that 

default-rates stay as low as possible. 

For Victorla/thls includes limiting 

oriestricu'ng-prbgrams.that 

have a high rate of default, as well 

City, of 

Public 

Notice 

;as iirhiting'access tostudents 

who have a higher un-met financial 

need on student loan applications, 

and a traditionally higher 

rate of default 

"At the end of the day it's the 

student's decision whether or not 

to pay their student loan," Predyk 

said. "You're penalizing other prospective 

students for the actions 

of students who may have come 

to school four years ago," 

edtlor@goldstizamgazelte.coni 



Hearing 

NOTICE of Public Hearing for tha followingproposed Bylaws to amend 

Zoning Bylaw No..300.for the City of Langford Is hereby given. All 



heard or to present-written submissions respecting matters contained 

in the Bylaws atthe PUBLIC HEARINGS to be held In the CITY OF 


Avenue, Langford,. BC, on Tuesday, 6 September 2011, at 7:00 pm. 

Please be advised that no comments may be received by Councii after 

the close of.the Public Hearing and any submissions made to Council, 

whether made In person or In writing, will form part of a public record. 

Bylaw.No.1359, 

Purpose: The purpose of Bylaw No. 1359 Is to amend the City • 

of Langford Zoning Bylaw No. 300 by amending the 

zoning desjgnatlon of the land that Is the subject of 

Bylaw No, 1359 from R2 (One and Two-Family Resi- 

• dentiai)to the-R4 (One-FarhHy Residential 4)*one in 

' order td'permjt the construction of one single family/dwelling-arid 

an accessory building containing a 

secpfidary^sult'eV - 

Applicant:- NaveefrBains 

Location: ' Thejan'dthatisthesubjectof-ByIawNo."1359Is2657 

Florence Lake Road as shown shaded on the plan. 

Student loan default rates in Greater Victoria 

• Percentage default rates In 2010 for borrowers who haven't 

paid loans In 150 days or more. 

University of Victoria 4.2 

Camosun College 11.6 

Aveda Institute Victoria 13.8 

Academy of Learning Vlctoria-17.2 

Sprott Shaw Community College 30.8 

University Canada West [Victoria) 20.0 . 

University Canada West Academies 18.8 


Public 

Notice 

Langford. 


Hearing 

NOTICE of Public Hearing forthefollowing proposed Bylaws to amend 

Zoning Bylaw No. 300 forthe City of Langford is hereby given. All 

persons who believe that their Interest in property is affected by the -' 

proposed Bylaws will be afforded a reasonable opportunity to be heard 

or to present written submissions respecting matters contained In the 

Bylaws at the PUBLIC HEARINGS to ba held in thB CITY OF LANG 

FORD COUNCIL'CHAMBERS, Third Floor, 877 Goldstream Avenue, 

Langford, BC, on'Tuesday, 6 September 2011, at 7:00 pm. Please be 

advised that no comments may be received by Council after the close 

of.the Public Hearing and any submissions made to Council, whether 

made in person or In writing, will form part of a public record. • 

lvf1ôlts8| 

Purpose: Th'e purpose of Bylaw No, 1358 is to amend the City 


zoning designation of the land that Is the subject of 

Bylaw No.--1358 by amending the zone of 2741,'2749, 

2751, 2753, 2757 and 2761 Spencer Road from R2 

(One- and Two- Family Residential) to MU1A (Mixed 

Use Residential Commercial A) and 996 Preston Way 

. . from CT1 (Tourist Commercial 1) to MU1A (Mixed Use 

Residential Commercial A) to allow for the development 

of mixed use residential commercial use's. 

Applicant: 

Location: 

Kevin Albers 

The land that is the subject of Bylaw No. 1358 is 

2741,2749,2751,2753,2757 and 2761 Spencer Road 

and 995 Preston.Way as shown shaded on the plan. 

I 

important to 

at in such cfrnces, 

aninsrJloes 

have the 

appeal the 

n, or, after two 

an work with 

listrytcrequest 

'ecislonbe 

jred, J 'she 

adding that the 

hmding should 

:otly impact a 

s ability to oper- 

J Shaw has 

talks with the 

y to ensure that 

: funding stays" 

COPIES of the complete -proposed Bylaw and other related material. 

may.be viewed during office hours 8:30 am to 4:30 pm, Monday to 

Friday (holidays' excluded), from Monday, 22 August.2011 to Tuesday, 

6 September 2011, Inclusive, at the Langford City Hall, Second Floor, 

877 Goldstream Avenue, Langford, BC, V9B 2X8. Please contact ' 


Bylaw. 

Jim Bowden 

Administrator 

COPIES of the completeproposed Bylaw and other related material 



6 September 2011, inclusive, atthe Langford City Hall, Second Floor, 

877 Goldstream-Avenue, Langford, BC, V9B 2X8. Please contact 


Bylaw. 

Jim Bowden 

Administrator

A4 * vtfvvw,goIdstreamgazette.comWednesday, Ajgust 31.2011 • GOLDSTREAM NEWS GAZET 

Ballet, Tap, Jazz, Lyrical, Hip Hop, Musical Theatre & Modern Dance 

Director: DEBBIE HALUS1AK(rad.a.i.d.t.) 

109-2675 WilfertRoad • www.westshoredance.com 

250.478.3067 

Great N E W L O C A T I O N ! 





Zoning Bylaw No. 300 forthe City of Langford Is hereby given. All 


proposed Bylaws will be afforded a reasonable opportunity to be heard 

or to present written submissions respecting matters contained In the 

Bylaws at the'PUBLIC HEARINGS to be held In the CITY OF LANG- • 

FORD COUNCIL CHAMBERS, Third Floor, 877 Goldstream Avenue, 

Langford, BC, on Tuesday, 6 September 2011, at 7:00 pm. Please be 

advised that no comments may be received by Council after the close 

of the Public Hearing and any submissions made to Council, whether 

made In person or in writing, will form part of a public record. 

BvlawNo135B 

Purpose: The purpose of BylawNo. 1358 is to amend the City 


zoning designation of the land that Is the subject of 

Bylaw No. 135B by amending the zone of 2741,2749, 

27S1, 2753, 2757 and 2761 Spencer Road fromR2 

(One- and Two-family Residential) to MU1A (Mixed 

Use' Residential Commercial A) and 996 Preston Way 

from CT1 (TouristCommerci&M) to MU1A{MIxed Use 

Residential Commercial A) to allow for the development 

of mixed use residential commercial uses. 

Applicant: Kevin Albors 

Location: The land that Is the subject of Bylaw No. 1358 is 

2741, 2749, 2751,2753,2757 and 2761 Spencer Road 

and 996 Preston Way as shown shaded on the plan. 

Cities set to grill 

over p l a n n e d 

Jeff Nagel 

Black Press 

The province's plan to create 

a civic spending watchdog 

that might findefficiencies and 

uncover waste will be a hot 

topic at this fall's Union of B.C. 

Municipalities (UBCM) convention. 

UBCM president-Barbara 

Steele denies mayors and councillors 

are fearful of the government's 

intent to appoint a 

municipal auditor-general, but 

says they have plenty of questions. 

There doesn't seem to be a 

local government opposed to _ 

somebody coming In and checking 

out the books, checking the 

spending and even checking for 

- best practices,' 1 Steele said. 

The concern is we don't 

know what the auditor-general 

Is supposed to do or what's 

broken. We don't know what • 

they're looking to fix." 

Some civic leaders suspect 

the audits could limit their 

"We don'tknow 

what they 're tookmg 

tofic" 

-Barbara Steele 

UBCM president 

autonomy or constrain their 

ability to pursue different 

approaches or policies. - 

Community, Sport and Cultural 

Development Minister Ida 

Chong has said, civic performance 

audits wouldn't overrule 

local governments but would 

highlight areas communities 

could save money. 

She also indicated they could 

Iogk at property tax rates — 

industry and business have 

long demanded a mechanism to 

cap and perhaps reduce what 

they pay. 

t Trie municipal auditor-general 

Initiative was a promise of Premier 

Christy Clarkwhen she ran 

for the B.C Liberal leadership. 

The Issue will be the topic of 

ministei 

auditor 

a workshop with Chong at tb 

UBCM convention at the end 

September, 

But Steele and others don'l 

see how there's much time fa 

the province to meaningfully 

consult cities if Victoria aims 

create the new office during z 

expected sitting of the legislature 

in October. 

Cities are already subject tc 

balanced budget legislation tl 

bans deficits and pay for the! 

own auditors that report eacl 

year. 

That's raised concern that • 

effort might create duplicatio' 

Cities already work togethe 

closely—often coordinated 

through UBCM—to compart 

best practices and share then 

Steele added. 

She noted Chong has now 

indicated the costs of the aud 

tor may be downloaded onto 

cities. 

"At no time had we been to 

that we would bear the cost c 

this," she said. "So. you can .b' 

that's going to be a concern." 





877 Goldstream Avenue. Langford, BC, V9B 2X8. Please contact 


Bylaw, 

Jim Bowden 

Administrator 

PAINTER'S LODGE ©_ APRILPOIiS r Rl M >| U SI \ 

CAMP BELL RIVER - BC— - -. .. ! 

OAK BAV MARINE CROUP RESORTS 

40




NOTICE of Public Hearing on Bylaw No. 135B; being the proposed Bylaw to amend Zoning Bylaw No. 300 









by amending the zoning designation of the land that is the subject of Bylaw No. 1358 

by amending the zone of 2741, 2749, 2751, 2753, 2757 and 2761 Spencer Road from 

R2 (One- and Two- Family Residential) to MUIA (Mixed Use Residential Commercial A) 

and 996 Preston Way from CTl (Tourist Commercial 1) to MUIA (Mixed Use 

Residential Commercial A) to allow for the development of mixed use residential 

commercial uses. 

Applicant: 

Location: 

Kevin Albers 

The land that is the subject of Bylaw No. 1358 is 2741, 2749, 2751, 2753, 2757 and 

2761 Spencer Road and 996 Preston Way as shown shaded on the plan. 

COPIES of the complete proposed Bylaw and 

other related material may be viewed during 

office hours 8:30 am to 4:30 pm, Monday to 

Friday (holidays excluded), from Monday, 22 

August 2011 to Tuesday, 6 September 2011, 

inclusive, at the Langford City Hall, Second 

Floor, 877 Goldstream Avenue, Langford, BC, 

V9B 2X8. Please contact Leanne Taylor in the 

Planning Department at 250-478-7882 with 

any questions on this Bylaw. 

R2 

MUIA 

Jim Bowden 

Administrator



22/08/2011 




The owner is proposing to amend the zoning designation of 2741,2749,2751, 2753, 2757 and 2761 

Spencer Road from R2 (One- and Two- Family Residential) to MUIA (Mixed Use Residential Commercial 

A) and 996 Preston Way from CTl {Tourist Commercial 1) to MUIA (Mixed Use Residential Commercial 

A) to allow for the development of mixed use residential commercial uses. To implement this change to 

the City of Langford Zoning Bylaw, a Public Hearing is required. 



Hearing, Council would welcome your comments in writing, as long as they are received before or at the 






contact Leanne Taylor in the Planning Department with any questions you may have on the proposal. 

Sincerely, 

:tlc 


Zll-0016 


T • 350-478-7882 V • 25°"39 1 "3437

g) BYLAW NO. 1355 (File No. 3900-1355) 

"Langford Zoning Bylaw, Amendment No. 318, (1017 Marwood Avenue), 2011". 



August IS 01 ,2011 


MOVED BY: 

SECONDED: 

COUNCILLOR BLACK WELL 


That Council direct staff to work with the applicant to ensure that the draft parking plan provides 

sufficient on-street parking that is suitable and accessible to the neighbourhood, prior to public 

hearing. 

CARRIED. 

MOVED BY: COUNCILLOR BLACKWELL 

SECONDED: COUNCILLOR WADE 

That Council give Bylaw No. 1355 First Reading. 

CARRIED. 

^ h) BYLAW NO. 1358 (File No. 3900-1358) 

"Langford Zoning Bylaw, Amendment No. 321, (2741,2749,2751,2753,2757, and 2761 Spencer 

Road and 996 Preston Way), 2011". 


MOVED BY: 

SECONDED: 



That Council: 

1. Require the applicant provide, prior to bylaw adoption, a section 219 covenant, registered in 

priority over all other charges on title, that agrees to the following: 

i. A site plan showing a 12 metre turning radius for emergency vehicles prior to issuance 

of Development Permit and to the satisfaction of the City Engineer; 

ii. That the owner provide a traffic study prior to issuance of Development Permit, and 

will implement the recommendations of the traffic study, to the satisfaction of the 

City Engineer. 

MOVED BY: 

SECONDED: 



CARRIED. 


CARRIED. 

i) BYLAW NO. 1360 (File No. 3900-1360) 

"Langford Zoning Bylaw, Amendment No. 323, (Omnibus No. 23 - Secondary Suites in Accessory 

Buildings), 2011". 


MOVED BY: 

SECONDED: 




CARRIED. 

P43


July 18 th , 2011 


7. Application to Amend the Zoning Designation of the Properties at 2741, 2749, 2751, 

2753, 2757 and 2761 Spencer Road from R2 (One- and Two- Family Residential) to 

MUIA (Mixed Use Residential Commercial A) and 996 Preston Way from CTl (Tourist 

Commercial 1) to MUIA (Mixed Use Residential Commercial A) to allow for the 

development of mixed use residential commercial uses. (File No. Z-ll-0016) 

MOVED BY: 

SECONDED: 



That Council direct staff to prepare a bylaw to amend the zoning designation of the properties 

at 2741,2749,2751,2753,2757 and 2761 Spencer Road from R2 (One- and Two- Family 

Residential) to MUIA (Mixed Use Residential Commercial A) and 996 Preston Way from 

CTl (Tourist Commercial 1} to MUIA (Mixed Use Residential Commercial A), subject to the 

following terms and conditions: 

a} That as a bonus for increased density on the subject property, the applicant agrees to 

provide the following contributions: 

i) $4,400 per dwelling unit toward the General Amenity Reserve Fund, prior to bylaw 

adoption; 

b) That Council waive the amenity contribution of $4,400 per unit, or an amount to be 

determined by Council, for each dwelling unit that will be rented at 20% below market 

rate for a minimum of 5 years and secure this in a Housing Agreement registered to title 

in priority overall other charges; 

c) That the MUIA zone be amended to allow for a five (5) storey building on the subject 

property; 

d) That the applicant provide the following items prior to first reading: 

i. A site plan showing a 12 metre turning radius for emergency vehicles; 

ii. A Traffic Study to the satisfaction of the City Engineer to determine how traffic 

movements will function in the area; 

e) That the applicant provide the following items prior to bylaw adoption: 

i. A road dedication plan to the satisfaction of the City Engineer; 

ii. Register a S.219 Covenant that agrees to the following: 

a. That the applicant install barrier strips on Spencer Road to the satisfaction of 

the City Engineer and the Ministry of Transportation priorto issuance of building permit; 

b. That the applicant provide a bicycle racks on site for employees and residents 

to the satisfaction of the City Planner; 

c. That the applicant install the appropriate number of fire hydrants to serve the 

site and directory signage for emergency vehicles to the satisfaction of the Fire 

Chief priorto issuance of occupancy permit; 

d. That the applicant provide a traffic and public safety plan and construction 

parking plan, priorto any onsite works and/or clearing, to the satisfaction of the 

City Engineer; and 

e. That the applicant plant hedging along the frontage facing the Trans-Canada 

Highway to the satisfaction of the Ministry of Transportation priorto occupancy 

permit; and


July 18 th , 2011 


e) That the applicant provide works and services along the roads fronting the subject 

property in accordance with the current Subdivision and Servicing Bylaw as a 

condition of building permit and to the satisfaction of the City Engineer. 

CARRIED. 

8. Amending Appendix U: General Design Guidelines for Carriage Houses and Carriage 

house regulations in Part 3 of Zoning Bylaw No. 300, the CD18 (Comprehensive 

Development 18 - Happy Valley/Flatman) Zone and the CD14 (Comprehensive 

Development 14- Hazel wo od/Luxton) Zone (File No. Z-ll-0023) 

MOVED BY: 

SECONDED: 



That Council direct staff to prepare a bylaw that would amend Zoning Bylaw No. 300 by: 

a. Adding the following to Sec. 3.08: 

"On carriage house lots with lot sizes between 300 tn 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 ) that 

are abutting and do not have access by a laneway, shared driveways shall be provided." 

b. Amending Sec. 3.08.04(6) in Part 3 of Zoning Bylaw No. 300, 6.103.05(2) of the CD14 zone, 

and Sec. 6.107.04(2) of the CD18 zone as follows: 

Notwithstanding the definition of "height" in Part 1 of Zoning Bylaw 300 and Section 

3.05.02(3), the absolute height of the accessory building containing a secondary suite may 

not exceed the height of 85% of the absolute height of the one-family dwelling; 

c. Amending guideline 1.4.4 in Appendix U: General Design Guidelines for Carriage Houses as 

follows: 




d. Amending Sec. 3.08.04(7) in Part 3 of Zoning Bylaw No. 300, Sec.6.103.06(3)(a) of the CD14 

zone and Sec. 6.107.05(2)(a) of the CD18 zone by increasing the minimum separation 

between two the carriage house and the principal dwelling unit from 2.4 m (8 ft) and 1 m (3 

ft), respectively, to 5 m (16 ft); 

e. Amending Sections 3.08.04(8)(b) and 3.08.04(9){b) in Part 3 of Zoning Bylaw No. 300 by 

increasing the minimum lot depth from 24 m (79 ft) to 29 m (95 ft); 

f. Adding the following to the CD14 and CD18 zone: 

"A secondary suite is only permitted in an accessory building on a lot having a depth greater 

than or equal to 29 m (95 ft)." 

g. Adding to Sec. 3.08 in Part 3 of Zoning Bylaw No. 300 and the CD14 and CD18 zones that that 

the vehicle parking must be accommodated in the accessory building containing a secondary 

on lots with a lot area between 300 m 2 (3,229 ft 2 ) and 549 m 2 (5,909 ft 2 ); 

h. Adding to Sec. 3.08 in Part 3 of Zoning Bylaw No. 300 and the CD14 and CD18 zones that an 8 

inch setback between the surface parking space forthe carriage house and the property line 

is provided so that there is adequate space to construct a privacy fence; and


July 11 th , 2011 


c. That the owners of 964/966 Isabell provide a Section 219 covenant, registered in 

priority over all other charges on title that requires the applicant to: 

I. Renovate the existing duplex at 964/966 Isabell Avenue including a facade and 

roof upgrade to the satisfaction of the City Planner and that this will be 

completed priorto issuance of a building permit on the subject property; and 

II. Shall register on title a non-disturbance covenant forthe Streamside Protection 

Enhancement Area (SPEA) based on the RAR Assessment Report prepared by 

Patrick Lucey dated June 30 th , 2010. 

d. That the owner of 960 Isabell provide a Section 219 covenant, registered in priority over 

all other charges on title that requires the applicant to: 

I. Register on title a non-disturbance covenant for the Streamside Protection 

Enhancement Area (SPEA) based on the RAR Assessment Report prepared by 

Patrick Lucey dated June 30 th , 2010. 

CARRIED. 

g) Application to Amend the Zoning Designation of the Properties at 2741, 2749, 2751, 2753, 

' 2757 and 2761 Spencer Road from R2 (One- and Two- Family Residential) to MUIA (Mixed Use 

Residential Commercial A) and 996 Preston Way from CTl (Tourist Commercial 1) to MUIA 

(Mixed Use Residential Commercial A) to allow for the development of mixed use residential 

commercial uses. 


MOVED BY: 

SECONDED: 

M. HALL 

S. HARVEY 


That Council direct staff to prepare a bylaw to amend the zoning designation of the properties 

at 2741,2749,2751,2753,2757 and 2761 Spencer Road from R2 (One- and Two- Family 

Residential) to MUIA (Mixed Use Residential Commercial A) and 996 Preston Way from 

CTl (Tourist Commercial 1) to MUIA {Mixed Use Residential Commercial A), subject to the 


a) That as a bonus for increased density on the subject property, the applicant agrees to 

provide the following contributions: 

i) $4,400 per dwelling unit toward the General Amenity Reserve Fund, prior to bylaw 

adoption; 

b) That Council waive the amenity contribution of $4,400 per unit, or an amount to be 

determined by Council, for each dwelling unit that will be rented at 20% below market 

rate for a minimum of 5 years and secure this in a Housing Agreement registered to title 

in priority over all other charges; 

c) That the MUIA zone be amended to allow for a five (5) storey building on the subject 

property; 

d) That the applicant provide the following items prior to first reading: 

i. A site plan showing a 12 metre turning radius for emergency vehicles; 

ii. A Traffic Study to the satisfaction of the City Engineer to determine how traffic 

movements will function in the area; 

e) That the applicant provide the following items prior to bylaw adoption: 

P46


July 11*, 2011 





the City Engineer and the Ministry of Transportation prior to issuance of 

building permit; 







parking plan, prior to any onsite works and/or clearing, to the satisfaction of the 




permit; 

f) That the applicant provide works and services along the roads fronting the 

subject property in accordance with the current Subdivision and Servicing Bylaw 

as a condition of building permit and to the satisfaction of the City Engineer. 

CARRIED. 

h) Amending Appendix U: General Design Guidelines for Carriage Houses and Carriage house 

regulations in Part 3 of Zoning Bylaw No. 300, the CD18 (Comprehensive Development 18 - 

Happy Valley/Flatman) Zone and the CD14 (Comprehensive Development 14 - 

Hazelwood/Luxton) Zone. 


MOVED BY: 

SECONDED: 


J. BUTLER-SMYTHE 




"On carriage house lots with lot sizes between 300 m 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 ) that 


b. Amending Sec. 3.08.04(6) in Part 3 of Zoning Byiaw No. 300, 6.103.05(2) of the CD14 zone, 






follows: 




d. Amending Sec. 3.08.04(7) In Part 3 of Zoning Bylaw No. 300, Sec.6.103.06(3)(a) of the CD14 

zone and Sec. 6.107.05(2)(a) of the CD18 zone by increasing the minimum separation 

P47

CITY OF 

LANGFORD 

Planning; Zoning and Affordable 

ZndFleor,, B7T Goldstream Averim 

Wom. RG- WB 2X3 

e-mail: planningtQcityQfiartgford. ca 

webstte:Mtp://citvofltuixfard:c{i 

l 

planning, ptiofie: (250)474mi9 

planning fax- (£5$ 39-1&4$6 

gezexal fsx: x tZS0}A7-8-7864- 

$feff 

Report 

to 

PlamimrZ&tfti® #nd Aff®fidable H o m i m Committee 

Date: 

File: 

gubjecii 

Juiy1iih f 2W4 

Application to. Amend the Zoning Designation of the Properties at&H, 

2ffi$i msi;, jM5% ftm- and MM Spencer Road from R2 0ne, anp 'Two, 

Family^Reê^f^ tfsn&esmmial ComffimMM 998 

Presfon Way from W (Tourist Commercial 1) to NlffiA (Mixed Use 

ftesi&jegfM &mn%er.ckl # h. affoW far the. (development of mixed use 

PURPOSE 

MetttnA 

to rezone tfepnopeifies at. 'mki, 

J^6fetê--R i eêl9Ptf l^Crtsf Ltd. 

2749^275il, 27-53,2757 arid 276.1 Spencer Road fr&m R2 

: 

(©ne- arj^ im- r%tf$y Rêntik]). ^ lyfUl &*p&ed Use Residential GommerGialAând 996 

festcfaWay fmrniji- (TrdMst0§m» 1}& MUtA (Mixed Use Residential 0'o.mme^pial A) 

& aIlDw/for ; |ne' toejo.pTTiej^^(î^'4 resicle.ritia;j cpmrnereial uses,. 

.©.oiyn.îl tjiav reeali that%;&ap,plip:arit aioTig with Leje:r#onstruction, a part owner and partner in 

itie pQlstoreys. to fiv^-stpreys.. 

Due-tQ' oAtese;eri:Gtnquraêc^sugrjcJ tearacin~g :i£sue$ t s|a,ek^.e>pevÎpp'rrieM]s lid., had to 

withdraw^heir I5^^ê|piî^|ieiSf to&pw aelo|3tfeh. However*, they have rvW mm 

forward With this' n:ew rezin]FS ;^^^^ °n lafld use; and density."- only. ID the 

j ^ s t ^ ^ 

include non-profit rental 

•aGeemmodationi înce.jhi&razDriing proposal is.stnctlyteusing on land use arid-density-as 

pert^^ zPti'e,. rez©ora§ appJMion fees were- not waivecLfor the. 

applicant. 

PfioTto FejamarS' %W§ S propefty-at £741 Spencer Road was rezoned in 1974.;

Z .Page 2 of 11 

My. 11\ 2011 

•RCWFfifAl item IfWfcriQfl DWFA . 

Applicant 

Iftfaib Sousing Society (Kevin .A'lb.ere), 

•'Qtyrig'r, .Ja^SS fe^ê^k^'ikoi^fitsa Leler GSnsM^QD Partnership) 

,Uo;ca'tl'o(i 27ij, ^Ss,^ 1 

!,^^ m.in8.27 : m Sp.eacen Road, and 9g6-P.restoh WaS' 

Legal 

UotfiySebtion 5j Esquimalt BlSWct, Plan 2842-1, Except Pants in Plans VIPeSfiTOj 

^pM8#'^ndVlM84875i 

t-efedj ^ficlioTiiiS- EsqurmalVîsfrict', PJaH: 11.861. Except Parcel A (DO 739694A& Thereof 

aptfE^t Ms imPtens VJP6£»and VIP.65827; 

.'Parcel & tED7396&V^ of .Lot-.3> Section S, Esquimalt' District* P'ian t1861 Except Parts 

•Iff Plal^'lRBWl VlPSSBMi 

•lipi ^^BBUPOÎ t!squ[mart-'DjstHd r Plgn-4'l37S ExceptParfs-in. Plans-V1P6291'2 and 

Sfee^dfjprppBTty 

DP i$fe3s 

' ©GP ; :De§ipafion 

.Lb12,;Se$lpfv=5t Esquimalt Districts. Plan 1137/9 Except .Parts, in Plans VIP62910 and 

tffpjf8l| 

Lt)t 3^Se'Gtioh'5; EsquimaIt l Digfh"Gt ) ,P[9n. 11-3-79, Except.Pans in Plate VIP5291:4 and 

vfpifesiT; ana 

Lo;t A.^ctioJi &, iEsqufmaJt 

', $£83>m 2 W1 acres) 

P|ap yi86897'. 

Current —• R2ifQne- and Ttoo- Family Residential) and CTl (Tg.urist;C6fnmerqi.al.--.Moteli 

1 ©urrehWSity eerjtre. 

TiheÛtjôt^M#efteat& fco¥Me:0#TWs^^ north/and Preston Wayto 

tfre^tife .A'stiÎs^^fe'dMllfei^- iMt a'ndan aGoessery" builciing previously occupied the 

f fofteriy at Pne-stg.n r way. tfeâ.GM tef ghtu.bs^neltre^s^r^ 

icîe'red-4hno'ug'h0.Ut the site, ftdatp. JQ$'U|IE& fiftree is looted on thevsouftwestcerner ofthe 

RPo{3e[§. AJgrcj.e pgssy feer.rn0J2§uê;sjê; front portion of the properties,- ai 2741, 274§, 2753, 

Im&Msi an|^26ft gî^-ôrfi. ^ftS paste properties am .re.fetiveiy flat 

sand-covered with seotcfrbroQto 

a'lâ'fewlre.es along the mar-property lines. 

m$ute •1U9:9S'Pfes,tciri-Way 

Figu.ce 2> V.ie^pf 2741,2749;, 2751,27j53,,,2757 1 aod 

$fm-i8$6fi$e* Road

Z-J1-M16 


North of fesubjeet site-Is ttia Tpa^s-'G^naâ^ MigMa# ana-south is a totohhoUse; development 

dirfiî'ya-erQSsvfejTt te^Sf^^fe tPfep finite Home. Park and singMamily residential 

dvwelii^îi^fs^î4« #$e-*fote mtyeM p'fo^r&s. 

&urr&un:c tacr.taffltf U&e&anti^flifffn. 

Z&ning 

0JBF n.e§ignStion 

nfe n/a Highway 

$j^&$tjse) fniplo^m.ent 

: 

&eriter 

Mobile: Home Park 

scmm •GitSr Centre-, Towrihouses 

East- 'R2 •eity'Centre Sihgle-fafriily 

Residential 

COUNCIL POLICY 

OFPiSj'AL COMMUNITY PUN" 

The: "Qffiâlô.mrn,anI^ Plan PCPJ (Sylaw No.-120:0}: designates the-subject property a& Dity 

• £ w^^/rt/'^w^^fiB M$HWPQtt% 

Moiu&mg. 

^mal^Mdrrm^Vhoum^ 

M&e range of high density hQus'mg, 

• y\ mp^ e/tJp^m^fiaT^li f$riQ$M$kml Offfe GVmmewM, light industrial use's; 

#§e;sian# MMings- are .keyfettd'm&si 

• AMkirpske Wmmlhmf^§êWg : mdl(na\use ancj ênsjty-iartct 

develop th'&isi'telri .aieotdal^wl^^h^ MU:m^6Tie'. He Mlfeone Allows mix df residential 

^'îsaflrfleR^«sss^fi4 a iftaj$m'.um. ^;epslly;#2if if. ®m$$ parking is provit&d widerf r»d, 

of fteffiim tfedSn^lf ffia^^ %A maximum height of a pTindjM mmm eannot 

.eôêdfour^r^ys unîe> : th'e: I$IJ3jVzgnB, 

I^tjltf-farjllly ^Hi^rfl&I ^^d^cor^'^rejgl deyetoprrie/nts'.are subject to a form arid character 

de^^pe'TOeîti'R 

0fcai'GdmrhLfhity Plan Bylaw No. t20O.,

Z-11^601.6 Page 4 of 11 

pW ; .tp- bultiinjf penult;-MI*! arid site design, landscaping and parking forthe. development 

will be'addtesseci thrftugft the .development perMt process- after th'& rezoning process- is 

cp-.rtjp;[ete:-. 

gp.uf].Gilm,ay wish to.n$e tfe^to^'fe^N'^^^ the Trans-Canada ; Highway must be setback 

by.4i .rn OTI^s^l^S^fe-SilJ^ oif'trari^poTtgtioh (MoT). 

Therpeposal is e:ora)si'stgnt Wit We. DSP's 'Gitv/^ntre* de.€ghatib.n in that;it.inOFe.asfes;the 

density in; ane:$5%g Ld§ê|p^:e#5are,a t The Ojty-.©eritre supports a mix of residential and 

co.~mineât 

tne.pf#eTtf ês-n'o.t^ll $t$h ^ 

development permit areas. 

.B§ r Transilp^ 

i3j3.efiG.er Road, There iare'four.bus stpps within 

2SQ;metms-^2 : P^ ^jê®iaK^M5& : Wy^S one 

bus stop -on-the.so.uth corner of Spencer 

RkdianifeeAp'n'^yi$\mi refertoiigtire 3); 

gike-^rae^teng'^plfsâTrj Ayeinue eficptimg^ W$\m Bfttd sidewalks win be qonstryctef 

along (Spencer 

ifi tnetontdWii core; Council may Wish to.req.uest 

tt^tte;^pglfe£# provide a,)i>jemproyees' and residents-toine satisfaction

•z-n-odte 

July:if y 2pU. 


The:«.u'bject.-s:iteis withth a I D Mi0tite. waiKto :0JtS Hall, ahd'tha. ahWfes- and sea/teas in the. 

dewnfaw/l c/ore. 

T%grW!$&^ tievelejamejjrwQtiljd' be: uM4m e)Mi^-lrifras.tr^#^(i:0^ .sewers.'.ano' water) 

along ^nce^^ 

,Atloteg4 higher density, infill development will provide 

tfe following c^mrnuriity benefits; 

P Gtea1tvevre:ey&1ir^^^^^ 

> ©ffeMng diverse bousing .t^pe •'ahWte.nsês; 

> RSilfe'g housing: near jo$ Geritresf(B0ldstrffarn Ave) and transit 

> 1'ncre.a.si.hg pro;perty tax base; 

> Capitalizing, on community assef&'sucrVas; parks, services and amenities, transit and 

bicycle, lane's. 

tim fetefrc^Mty- of ffoe-s'tfe teih , e : tOrt,ajicttfe ©Qlds;tream: feterseîQri J 1iie.cur!;e;n:tensure 

of¥t&slQ&ma% M&linB'ed -access U. th&site^ ©oUnSH may tofefttb request thatthe applicant 

pôyfeg lâSfeî^ prtprlP firstrea^fbg-pf the bylaw and to

juiy-ift'mn 

Page fiof11 

Xrfe^^t^G'a'nt^lll;^ requiredio provide^ 

prepared by a 

Profes^ at the iiffiM^sw prpvidfeappfo^ to. 

mapia,ge.^tpmiwate;r ionsita-and'to regulate- both the quality and quantity of storm-water runoff 

fMm'trfe^fe>. 

SEWERS, 

t'n^s^^je£t;pr^rt,y Will be fsl{#e:d;to. eonriectô-sewers. The entire development should be 

s^6^*vsSI ! Wi.fe sewer TNrt Preston'W^y'as.tfiere are no plans to extend sewers-aibng 

^^P^g'^n^ge akoî^^k'W^tShbre Environmental aeTyiees, 

FiRE--AGQESS-^D: SAFETY. 

Itris a re'qifameWmm tbebuilding Code tat unohsttuoted-fire' truqk access is provided 

wjthtn ^ mirequired. : ip accordance with &purioil ! s design 

guidMi^ mUltttaMi# and cemrnetcia! o^veldpment 

FtettClAL GiaroiBtelQN 

B®N.USiN& 

.PlMA'NGBL.lMPLlQATJ0.NS 

EeKcliDllf*. pydpert^to. êWt^îxed: cme. residential .eemrhefeiai development will cjpritdbute 

rripr#'.to:munidiâi::Fe^nue than ^redeveloping Nnder its present zoning. Considering that 

feap^ provide: feil ffo;r#gei^ proppisaj-should not 

represent an in£rea'Sed s Gosftburiifefi to#ie City. A summary -of-the. amenity contributions as per 

pkiip^'fof ibis deKelppmentTare g$ fojfows;--

z-n-ome 

Julyi'li 201-1 

Page 7 ot11 

Rte(!U.nit/1aâ.Gbjitri&USbn. 

^fiej^ljfenSnity R^seiye-.Ftjn'd 

$4,400 pef dwelling uhit 

ûrjcil ^ 

$1f000 per dwelling 

(JiUf ttrth:e'$re}/ioiJs: i£-zonjfl§ application |z-®^®. proyided'that the applicantTj.ul.lcls .arlgrdable 

ren'talMsi^ S0%fftne Cîrs4re ; f«d^t WoiaeTewmarket rents, provide 12s:e'nior 

mntaltyi^ 

atelabjfiti As an Incentive, to 'eWesjjtaê fceôr«uctian sfnonrmarketrental housing on the 

subject site, Gouncirmay. wish toieOftsidef waivTn,g;tha amenity contribution of $4,4:00. pe£ unit, or 

kniafn'puhf h ^ i ^ m k ^ h f ^ m m l W&&ft4m$m utfftha* Will patented at.20'%* 'below 

markei'i.faT:e for a minimum oti&yearS arid seGUreth'iS'ifra Housing Agreement regi'Steferd td-title 

in priority over all other-charges* 

Tbe>'0eyelQ|*n-e5ft 0o.st Gfoarfas for tfhis:rezoning proposal Is .unknown-at this time.. This 

rexo^lng- pljapssal is fcn^rslcp .on-land usa.and ênsity a and tbelotal number of residential 

dftefe|i units and thefol^ ftf mmmsroMl -space tobe provided are still to be 

êtenriined-'Hswever, g-surnfriary offheT3GG:s as per Bylaw No. 2H.are summarized below in 

TtaleilL 

Tabled ^-Summary: Develo.prmn&Oost Gl larqes and eontrifeutions 

D:ev,e!o.|Sffig« 

• .Rt$g £ 

$2; 1M for each dwelling unit being built. 

, 

UffiWWO of GQfrimereial floor-area 

• Storm Drainage 

PaTKsaiid^ften Space 

lhsr#ffle;n.tal Sterage impj^steptfttlt F$es> 

(ISiFSJ: 

••• ©RDâter.QepartmentDE© 

M#JMG%&b diyetjlng unit bemgiuilt. 

$'331.65 ;per-unit..& 

$%9Q.O0#ri 00 fP of caromereial floor area 

$17Q5..5i perunrt. 

$1115; per môf commeroialfloor area 

$tS| per-unit 

Re$e% &Mcil adopted B$)m $0\. i&|4 Jhat&tanis a 100%. f}0G reduptipn.fbr the 

construction of ndfi^m§rSet2flnfal Msingan^ oit^,or a 30% DCC redUGtipn-forfhe. 

c;0nkfe^Mtph: #;market re.nfel'h^psfn'giin^fe ejy'êntre, \f tbe-appifcanf constructs; market-or 

nbh^rhaVkeiffihtal hbusitogj portion Oftfae DG'Gs may be waived in accordanfee. with Bylaw No. 

12|4,

ZW-0016 


Thafrthe •panning, acid 2fontnj &omm;itiee recommend tftat-Oouneil: 

OPTION 1 1' 

1. Birems'taff to ^repane a ftylaw'to,artfen&the. z&t&&% designation of the properties, at.2743, 

ZffiQj S^^ând t7M Spencer Roadfrem .(£)ne-: and TWor-Family 

RiesfeeAtfe. BW^îf feftes^ A) and. 996 Preston Way from 

m J^0Un^-0©rameâi 1^]»1A pixed'Use Residential Commercial A), subject tothe 

felJdWih^tSTmsi §rrd jc$p$Ke.ns: 

•aj T^^p.^'bonus f6r3ncreasad ; density- on the-subject property, the applicant agrees to. 

ô3^fei&#fdlioîng G,o:r#|l5utjon^ 

\\ f44P :per-dwelling -unit-toward the .General Amenity'Reserve^ Fund, prior to. bylaw 

b, J Thaftan'Sil waivethe amenity contribution of $4,400 perunit,..or an amount to be 

deteWifiJby 'eo.un.cili,f0r- e:a.6h,dWeJling uratthat Will be rented at 20A below market 

rateifpr a minimum -of & years and .secure this, in a Housing Agreement registered to title 

iriprlbtitf oy^r sli otherdharge's; 

c.) TbsititbîSPPlic.int EpyMe^ 

ta firstreading; 

I A'sit^l3n showi^'.a 12 metreturn% r^diysfor-emergen^y vehicles; 

ii. A Tf^fe iStudyio-tne satisfaction, ^beîty Ebgipeerto determinehowtraffro 

tooyerkenis>Will fUn'etion inthe.afea;: 

6f Thatthe.appjicantprovideih'efbncwing-items- prior'to lylawadoption^ 

i, A;r«l iaeî!Bat^Jd'P^rrt0'tl"e' satisfaction of tb&Gjty Engineeri'U 

Register a S,21^:G:ovenantthat-ag.te 

k, 'TpJat1heaPi5lii5ant insâil^rr^mtriôn- Spencer. Road to the/satisfaction- of 

im .Cjt^ E^gTrieer arrd jheîhimf^-ot Transportation prior to" issuance of building 

-to. f he-satisfaction of ,; th& ©J^Haftnels 

c. That'the applicant ipstalfe appropriate number offire hydrants to serve the 

sif&aM ^r^ciafy' STgiîe fef ,em:erph.cy yebMes-tp; the satistaction of the: Fire 

Page 9. of 11 

Q) tnattbe; ggeliGanf pôvid& WQrksanci. cervices; giong the roads froriiing.the subject 

pfope% r&aôl^^tffifn the iciirreritSQbdlvTsro-a^^ SerBfcihg- ByJa'w. as a' cohdition 

of feuWrngpermit ane! tQ%e>satisfa.Gti"on of the .OÊagineer;- 

Fife Chief- 

Ub

Z-1P0016 Page 10 o f 11 

My if, 20Xf 

0EZQMINB.BtLAW AMENDMENT 

9$$;pfestm WayâmlW^ to 2761 -Spencer-Rood 

(Z11*W16) 

Sbatft.N.T®. 

Us'lKei/isecT; Ju(Te~13,2011 

P57

Z-11-6016 

My-fl* 2011 

Page 1iof11


&t£ff Report 

to 

Council 

Patty. 

iSvAWgust.ZQia 

•SHfefefflt ByIaW435& ApptlMtion to: Anieijd th'e&mlng' Designation of the Properties/at 2741, 

2^49, ^751-, 2i^3i 2757 and 2761 Spencer Road from R2 (One- and Two- Family 

Residential), ts M1PA (Mixed Use.. Residential Cpmmefceial A) and 996 Preston Way 

fronr 0Ti (Tourist GommeTEial it) to MUM (Mixed Us;e Residential Commercial A) tb 

aUow-fbrthe developments mixed use residential commercial uses. 

At te Regular Meeting of CPunei! on rf'July 2010,, Gpuneil. passed the following resolution with respect 

^^^^m^^X^mXt.^'^, 

2791,2753, &757/

Subject: 2-11-0021 

Page 2.of3 

epMiyiENTS 

b. That the 8ppltem'f{Mti&bltyQtefM&#h. sJtefar employees.and reîdefits 

^kôti^^^-th&City- 

Planner; 

,e. That the^pMdMMsiall theappwptMte number offfretiydrants- to servethe^ 

$t&Qtid:$fMP-^ 

t 0 

the satisfaction of the Fire 

Ghiefcpriorta 7ssimff6& of occup an cy permit; 

d. Tftatf/ie'ap^ and ednstractlbn 

pa,tWh&ptqn l priottpâny W&e works and/or clearing, tothesqtisfmtion of the 

City.Engineer; arid 

-^fi^J^^p/Wfpftmt fredging-alQng.-thetfrontagefamg tfie Trans-Canada 

tiighwajy^ 

permlti and 

f} 7tiatth£ tipplMrifpmMel W f a ^ the m&fidffin&itie: subject property in 

mot4a#G&$i$h i&e, mrimt^kdivlsjon. -Wd Se.rv'klng:0mm a-condition Qfbujldin&permit 

andcto/the'-satisfastibn of'the City Engineer 

Staffrj.ave^^ 

fjj^.T^dir^Byia.wRQ'« 

Priorto 

3^.W^ri requestediSriat'thTB applfeant provide'thefollowingritems: 

iij. A-inff^m^y to%ne'saiiga$tin of the City Zngfaeento determine how traffic movements will 

function jh -the- ama), 

Gq.h5jderinE4h^ 

use and: density,, and no development plans have 

been pmvIdftd^l^-trw^.Ô^C^'Wisli to consider requesting that-the applicant provide these 

Itefiâtthe; DeveBp.m^^^ 

Engineer by -securing them in a 

Seetfon 2&9 cov.enantiregisteTed.'to-tifle- 

XhaitCpwiicil': 

1, That the afrplifcant provMe,. prior to. bylaw adopjdrr, a Section 219 qpyehant, registered in 

priority war all of h'er .eharges on title; that agrees to the foflpwingc 

r. A'Site plan sfrowing'a-12 metre-tunning radius fbnemergeoGy vehicl'es prior to. issuanee of 

0E^lb(ê>i^t. PemStr ^h^'^qi the. 5a$sfa^.Grrj pftfre Cifey Engineer] 

ii.- 

Thattfte- qW.n'er pj^dfe-a-trafe^y priori issoafiee of Development" Permit, and will 

[mplemeflt- the ce.e6mmend.atipris of the traffic- study, to the satisfaction of the City 

OH 

2. me fifi&readrng t^Byjav NP>£358; 

3» Take-no ai^rQn'at1^fstime-w.it:h.respeEtto. Byiaw No. 1358.

Subject: Z-11-0021 


P61




File No. Z l l - 0 0 2 3 

A Bylaw to amend the text of the City of Langford 

Zoning Bylaw No. 300, by making various changes 

to the regulations pertaining to accessory 

buildings containing secondary suites.



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


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

1. Adding the following as Section 3.08.02(6): "The surface parking space for the secondary suite 

shall be of a permeable surface such as permeable pavers, gravel, grass-crete or impermeable 

wheelpath surrounded by ground cover plantings for stormwater/infiitration and aesthetic 

purposes/' 

2. Adding the following as Section 3.08.04(2), and renumbering subsequent subsections 

accordingly: "On iots between 300 m 2 (3,229 ft 2 ) and 549 m 2 (5,909 ft 2 ) in area, the vehicle 

parking for the one-famiiy dwelling must be contained within the accessory building and the 

one-family dwelling must not contain any vehicle parking spaces." 


accordingly: "If the parking space for the secondary suite is located between the accessory 

building and the side lot line then the parking space shall be set back by a minimum of 0.2 m 

(0.7 ft) from the side lot line to provide adequate space to construct a privacy fence." 

4. Deleting current Section 3.08.04(6) and replacing it with the following: "Notwithstanding the 

definition of "height" .in Part 1 and Section 3.05.02(3), the highest point of the roof of the 

accessory building containing a secondary suite may not exceed the height of 85% of the highest 

point of the roof of the one-family dwelling, as measured from the average finished grade of the 

lot." 

5. Deleting current Section 3.08.04(7) and replacing it with the following: "The accessory building 

in which the secondary suite is located must be sited at least 5 m (16 ft) from the one-family 

dwelling on the lot." 

6. Deleting current Section 3.08.04(8)(b) and replacing it with the following: "A secondary suite is 

only permitted on a lot having a width greater than or equal to 11 m (36 ft) and a depth greater 


7. Deleting current Section 3.08.04{9)(b) and replacing it with the following: "A secondary suite is 



8. Adding the following as Section 3.08.04(11): "Two abutting residential lots that are between 300 

m 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 ) in area, with accessory buildings containing secondary



suites, and that do not have access by a ianeway, must have shared driveways secured by a 

registered reciprocal access easement." 

9. Deleting Section 6.103.05(2) and replacing it with the following: "Notwithstanding the definition 

of "height" in Part 1 and Section 3.05.02(3), the highest point of the roof of the accessory 

building containing a secondary suite may not exceed the height of 85% of the highest point of 

the roof of the one-family dwelling, as measured from the average finished grade of the lot." 

10. Deleting Section 6.103.06(3)(a) and replacing it with the following: "Within 5 m (16 ft) of the 

principal building." 







13. Deleting Guideline 1.4.4 in Appendix U: Genera! Design Guidelines for Carriage Houses and 

replacing it with the following: "Notwithstanding the definition of "height" in Part 1 and Section 

3.05.02(3), the highest point of the roof of the accessory building containing a secondary suite 

may not exceed the height of 85% of the highest point of the roof of the principal one-family 

dwelling, as measured from the average finished grade of the lot" 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 323, (Omnibus 

No. 23 -Secondary Suites in Accessory Buildings), 2011". 

READ A FIRST TIME this 15 th day of August, 2011. 






MAYOR 


CORPORATE OFFICER

95% Efficient Quiet Furnaces 

Did Oil to HEW Gas '. $4,996 + HST 

' Grants Available Now. - .-$2,290 

• Fully Installed • Free oil tank removal . 

2 stage-variable speed premium 95 

• lOyearfull.partswanaritif • Subject to Inspection' 

Homeglow Hieatt Products 

250-382-0889 ° ufwuu.homeglow.bc.ca 

On Premise Quality Wine, Beer, 

Cider & Cooler Making- 

Equipment & Accessories.for.the'Hornebrewer. 

Chefck us. Out 

Bright and Clean Facility t/ 

Award Winning Winemaker v" 

100% Product Guarantee • 

•15^ Anniversary;Sale, 

... Saturday, Aug, 27 ,[ ',.; 

A ! 3 In Stock Wine Kits . 13 Off 

Keeping the 

Westshore ''Happy" 

• 'Since 1996 

langford to 

Victoria LRT 

makes sense 




There is no question 

that'lightrapidrailis 

a far more convenient 

mode of travel than 

buses. 

Trains do not stop 

for traffic, they do not 

stop at lights,-they do 

not stop at intersections 

and most importantly 

they are at. a 

'constanthigh speed 

the whole timeexcept 

' for a few rati stations 

where they need to 

stop along on the 

route. 

•It Is shocking to 

think that by 2040, an 

SO minute commute Is* 

predicted fromMetoria • 

to Langford/They are 

only eight mlles'.a'part, 

' solOmihutes.per 

mile With light'rapid • 

rail, it will always take 

the same length of time 

to' get between the two 

cities because it is a 

fixed mode of travel. 

Today buses are 

stuck In traffic, they 

have to stop at traffic 

lights and move at 

same pace as private 

vehicles. 

NOTICE of Public Hearing for the following proposed Bylaws to 

.amend Zoning Bylaw No: 300-for the City of Langford is hereby given.' 

All persons who believe that their interest In property is affected by 

the proposed Bylaws will be afforded a reasonable opportunity to be 

' heard or topresent written submissions respecting matters contained 

In the Bylaws at the PUBLIC HEARINGS tobe held in the CITY OF 


Avenue, Langford, BC, on Tuesday, 6'Sep'tember 2011, at 7:00 pm. 

Please be advised that no comments may be received by Council 

after the close of the Public Hearing and any submissions made to 

Council, whether made in person or in writing, will fomi part of a public 

record. , 

. It Is no-brainer why the light 

rail Is the way to go. Right now 

I am hearing naysayers saying 

things lite "a billion dollars 

just for this when we're already 

spending a billion dollars for 

sewage treatment at same 

time." . 

This-is-veryslmilar-towhatl 

was hearing about Greater Vans 

• couver residents for years prior 

to.building.its first Expo line 

Skytrain line in early 1980s. 

• Today Skytrain is thriving.and 

expanding to'the point where 

the property values actually 

increase near a Skytrain. stop. 

So" why not same thing here in 

Greater Victoria 

Just Imagine once we have 

laid down the foundatlon for a 

Victoria to Langford rail route, 

then-we\tfUprobably expand a 

second-rail line to* Victoria Alrport.and 

BC Ferries from dowhtpwn/VIctoria; 

. -Iniagirie how-convenienj: that 

' would bei Yoii'^vouldn't heedto 

ieaveyour.vehicle at. the airport 

or ferries parking lots'. In.the 

Iongterm future, we probably 

could easily expand-to Spoke 

and finallyup to Duncan as part 

ofsouthem Vancouver Island 

light rail infrastructure. 

Sounds like-a pipe Hream 

* Not necessary unless if we don't 

startsomewhere first The Victoria 

to Langford line for light . - 

' rapid rail is obviously .the start 

Michael DoCrfler 


JackLayton 

will be missed 

JackLayton demonstrated his 

political skill in taking advantage 

of the opportunity provided 

by the Liberals and Bloc. - 

He developed his parly into 

a mass movement and used 

a combination, of h}s popular 

support and behind-the-scenes 

intrigue.to propel himself Into . 

the official-opposition. 

Furthermore, he raised the 

profile of national-socialism, 

showed how a modem "civilized" 

country .could behave, 

and created a virtual certainty 

that he would be misjudged by 

opponents. 

His shoes will not be easily 

filled. 

William Perry 

Victoria 

Granddaughter 

honours veterans 

I.was honoured onAfghanlstan 

Veterans Appreciation 

Day held on'Saturday tb-be 

onparadeasameraberofthe , 

Royal Canadian Legion, Prince 

Edward branch Colour Guard,, 

which led pur local veterans, 

who served combat missions in 

Afghanistan. , . 

Veterans and legion members 

marched to the cenotaph at 

Veterans Memorial Park for the 

ceremony of remembrance to 

welcome them.home'and say 

thank you for the work they 

have done. 

For all the people who 

attended &us.'ceremqny and celebration" 

of thanks sj'the park 

and the legion hall, the day was 

enjoyed by everyone. 

At the park,.there was a very 

special person in my life who 

was waiting for the.parade. This • 

person wasBaylee, my oldest 

granddaughter. 

She waited at the entrance of 

. the par-k-with.her :gi^dinother * 

for the arrival of the colour 

party and veterans. What-she 

did as the parade arrived,,both 

shocked and surprised, my wife 

to witness what she saw." 

Baylee stood-at attention and 

saluted. After the parade was • 

formed at the cenotaph, she 

asked Baylee", "Who told you 

to do that" Baylee*s reply was, 

"Nobody." 

For some reason she was paying 

attention and knew how to 

respect the veterans as they 

passed. Words cannot explain 

enough, as a grandfather and 

veteran,.of how proud I was of 

young Baylee when 1 was told 

what happened. 

Five-year ol d -Baylee will. 

be attending her firstyear at 

school this fall, and I know she 

will set a fine .example for her. 

teachers arid'feUow classmates. 

Ervin Kobialko 

Warrant Officer (Retired) 

Royal Canadian Airforce 

Victoria's bird 

population too big 

Does anyone else think there 

are too many seagulls and 

crows In Victoria It seems the 

only birds we see are these 

nblsy and aggressive birds that 

attack us and drive out the 

more timid birds. They have no 

natural enemies and there Is, I 

believe, a law which states that 

we are not allowed to disturb 

nests pr eggs, at least in regards 

to'seagulls. 

Surely these aggressive and 

noisy birds, which have fouled 

all our sidewalks and roofs, are _ 

not in any danger of extinction. 

Isthereanywayto'reduce . 

the numbers of these birds, 

which are breeding in an 

unnatural way and nesting on . 

the roofs of so many buildings 

In the city 

John Cobban 

Victoria 

Victoria is behind 

the times with rail 

Re Rush to rapid transit too 

rapid, UthfiourMusings, Aug. 

12,-2011. 

Some of your readers have 

been trying to persuade their 

neighbours as well as municipal 

and provincial representatives 

to do something about qurburgeoning 

traffic congestion 

problems for at least eight 

years. Now that this goal has 

almost been reached, Roszan 

Holmen says that she feels 

"rushed." 

Please tell her and her 

readers to read the evidence 

that we are already well behind 

other North American cities, 

many no larger than ours, that 

have proven the economic 

and ltyability benefits of the 

transition from automotive 

indigestion to electric rail 

order; efficiency and Jong-term 

savings for .the publicpiifse,-the 

individual transit user, and the 

local and world environment 

Transit-oriented development 

will produce transit-oriented 

benefits for Victoria, too. 

UoydSkaalen 

Victoria 

.Bvlaw-No.-.1B60 

Purpose: The 1 purpose-of Bylaw Nb. 1360 is to amend the text 

of the City of Langford, Bylaw No. 300 by making 

_ various changes to regulations pertaining to acces-r 

sbry'buildjngs containing secondary suites. 

Applicant: City of-'lângford' 

Location: The lahdsvthat are subject to Bylaw No. 1360 are all 

lands located in the Glfy of Langford. 

..COPIES ofthe complete proposed Bylaws and other related mate- ' ' 

. -rial ma^bevfewed rfuringjnQrmai.woridnghours, 8:30.amto4:30 pm, 

Monday to Fh'day {holidays excluded), from Monday, 22 August 2011 

to Tuesday, 6 September 2011, inclusive, at the Langford .City Hall, 

Second Floor, 877 Goldstream'Avenue, Langford, BC, V9B 2

A6 • www.goldstreamgazette.corn 




NOTICE of Public Hearing for the following proposed Bylaws to 

amend Zoning Bylaw No. 300 for the City of Langford is hereby given. 

All persons who believe that their Interest In property Is affected by 

the proposed Bylaws will be afforded a reasonable opportunity to be 


In the Bylaws at the PUBLIC HEARINGS to be held In the CITY OF 


Avanue, Langford, BC, on Tuesday, 6 September 2011, at 7:00 pm. 

Please bB advised that no comments may be received by Council 

after the CIOSB of the Public Hearing and any submissions made to 

Council, whether made' In person or In writing, will form part of a public 

record. 


Purpose: 

The purpose of BylawNo. 1360 Is to amend the text 

of the City of Langford, Bylaw No. 300 by making 

various changes to regulations pertaining to accessory 

buildings containing secondary suites. 

Applicant: City of Langford 

Location; The lands that are subject to Bylaw No. 1360 are all 

lands located in the City of Langford. 

COPIES of the complete proposed Bylaws end other related material 

may be viewed during normal working hours, 8:30 am to 4:30 pm, 

Monday to Friday (holidays excluded), from Monday, 22 August 2011 

to Tuesday, 6 September 2011, Inclusive, at-the Langford City Hall, 

Second Floor, 377 Goldstream Avenue, Langford, BC, V9B 2X8. 

Please contact the Planning Department at 2SfM74-6gi9 with any 

questions on these Bylaws. 

Jim Bowden 

Administrator 

School District #62 (Sooke) 

REGISTRATION INFORMATION AND 

SOOKE^T SCHOOL START/DISMISSAL TIMES 

SSKSEy,:£ SEPTEMBER, 2011 

Parents new to the Sooke School District are asked to registertheir children 

at their neighbourhood school between the hours of 9:00 a.m. and2:30p.m. 

during the week of August 29 - September 2,2011. The first day of school 

is Tuesday, September 6. All schools will be in session for one-half day. 

Classroom vacancies will not be known until after the first day of school so 

children new to the school may not be placed until September 7 or 8. 

Kindenmrten parents please rioje; The first regular day for Kindergarten 

students will be Wednesday, September 14, with orientation sessions 

scheduled from September 7 - 13. Details of this schedule will be 

communicated by the school. 

Start 

Dismissal 

Belmont 9:00 a.m. 3:30 p.m 

(Friday only) 9:00 a.m. 2:05 p.m. 

Dunsmuir 8:55 a.m. 3:10 p.m. 


Spencer 8:50 a.m. 3:10 p.m. 


Pacific Secondary 9:00 a.m. 3:20 p.m. 


Colwood 8:30 a.m. 2:30 p.m. 

Crystal View 8:45 a.m. 2:30 p.m. 

David Cameron 8:45.a.m. 2:45 p.m. 

HansHelgesen 8:30 a.m. 2:30 p.m. 

Happy Valley - 8:30 a.m. 2:20 p.m. 

JohnStubbs . 8:45 a.m. 2:40 p.m. 

Lakewood 8:30 a.m. 2:30 p.m. 

Millstream 8:30 a.m. 2:30 p.m. 

Ruth King 8:30 a.m. 2:15 p.m. 

Sangster 8:45 a.m. 2:45 pan. 

Savory 8:45 a.m. ' 2:30 p.m. 

Wiilway 8:45 a.m. 2:45 p.m. 

Wishart 8:45 a.m. 2:40 p.m. 

WednesrJay.AugLst31.2011 -GOLDSTREAM NEWS GAZETTI 

'Enormous uncertainty' due 

to long transition back to PST 

Continued from Page Al 

The provincial government 

says the transition back to the 

ffve per cent GST and seven per 

cent PST "with all permanent 

exemptions," will take until 

March 2013. 

The B.C. government will 

have to borrow to pay back 

the $1.6 billion transition fund 

from the federal government, 

with a payment schedule that 

will have to be negotiated with 

Ottawa. 

Esquimalt-Royal Roads MLA 

Maurine Karagianis fNDP) 

called the referendum results "a 

good day for democracy." 

Karagianis said the B.C. Liberal 

government's expectations 

of a difficult transition back to 

the old tax are overblown. The 

province can work a repayment 

plan with the feds for the $1.6 

billion in HST transition funding, 

she said. 

"The government kept the 

(2009) deficit hidden and would 

have had to borrow money at 

any rate, probably from the 

feds," Karagianis said. "I don't 

• see the transfer funds as being 

a big bogeyman." 

Campbell announced the 12 

per cent tax in July 2009, not 

long after a provincial election 

and in the wake of the 

world economic recession. Former 

premier Bill Vander Zalm 

quickly launched agrassroots 

antt-HST crusade that gathered 

enough voter signatures to trigger 

the referendum, and quash 

the tax. 

"It wasn't a difficult sell," ' 

added John Horgan, MLA for 

Juan deFuca. The government's 

effort to soften the 

blow was unsuccessful. They 

couldn't gloss over the transfer 

from consumer's wallets to corporations. 

"In our area, In Langford, 

Metchosin and Sooke, people 

weren't prepared to accept 

that" 

"The referendum is 

a good sign people are 

paying attention and 

were deeply offended" 

-Maurine Karagianis 

MLA, Esquimalt-Royal 

Roads 

Horgan said the 18-month 

transition period Is excessive 

— he pointed out the HST was 

brought in within a year from Its 

announcement 

That's an enormous amount 

of uncertainty for the economy," 

he said. "Why would • 

anyone make a major purchase 

now when it will be HST exempt 

down the road" 

An independent panel that 

analyzed ramifications of the 

HST predicted families would 

pay $1.33 billion more in sales 

tax and businesses will pay 

about $730 million less In tax In 

. 2011-12. 

The panel said the HST would 

have a net benefit to the economy 

and moving back to the. 



Encroachment Easement 

The City of Langford gives notice that it Intends to grant an easement 

over part of the highway known as Goldstream Avenue, as shown on 

tha Plan EPP14179 below, forthe purpose of supporting part of the roof 

cap, part of the balcony, part of the brick facing along the southwesterly 

wail of the building at 662 Goldstream Avenue, legally described as 

• PID 028-219-635, Lot 1, Section 72, Esquimalt District, Plan VIP87907. 

The easement will be granted to the owner of that building, Granderson 

Developments Ltd., until the building is deslroyed'or demolished, 

beginning on 6 September 2011, In exchange for $100.00. 

old system would have negatlv 

economic consequences. 

"I think the original stop-HST 

movement took us all by surprise," 

Karagianis said, "it was i 

big surprise to see hundreds ol 

thousands of people reject the 

Liberal's HST plan because of 

the way It was brought in 

The referendum Is a good 

sign people are paying attentioi 

and were deeply offended. It's i 

great day for B.C" 

This tax became a symbol 

for the government thinking it 

is right,"Horgan said. "Had the; 

recognized a year and a half agi 

the public didn't want this, It 

would have saved a lot of grief 

and a lot of money. There's not 

a lot of support for B.C Liberals 

these days, and this tax is a 

large reason why." 

To buy or not to 

buy a new home 

The introduction of the HST 

more than a year ago threw a 

confusing wrench into construe 

Uon and new housing projects, 

and the retraction of the tax is 

expected to do the same. 

Jim Hartshorne, president 

of the West Shore Developers 

Association, said he hopes 

the government clarifies rules. 

around the l&month transition 

period as soon as possible. 

HST added seven per cent to 

new home purchases, although 

federal and provincial rebates 

offset some of that increase 

Under HST, new homes priced 

less than $525,000 paid 

less tax than under 

PSTGST due to govern 

ment grants. 

Hartshorne said 

most developers 

absorbed the added 

HST and "took the hit 

to take away the uncer 

tainty." The transition 

back to GST-PST could 

sow confusion among 

people who have 

bought homes in the 

past year and those 

who are buying homes 

now. 

"We're happy the 

uncertainly around 

the tax is clarified," 

Hartshorne said. The 

sooner they can clarify 

how (the transition) 

will work the better It 

will be for alL 

"it's a big concern. 

A lot of people In the 

development industry 

don't know how they 

are going to go from 

HST back to PST now." 

Spinner said people 

might hold back on 

buying a house, but 

he suspects it will be a 

minor blip for the construction 

Industry In 

the longer term. 

The closer we get tc 

the end of 18 months, 

It's possible people* 

might wait," he said.


Notice of Public Hearing 

NOTICE of Public Hearing for the following proposed Bylaws to amend Zoning Bylaw No. 300 for the City of 

Langford is hereby given. Ail persons who believe that their interest in property is affected by the proposed 

Bylaws will be afforded a reasonable opportunity to be heard or to present written submissions respecting 

matters contained in the Bylaws at the PUBLIC HEARINGS to be held in the CITY OF LANGFORD COUNCIL 

CHAMBERS, Third Floor, 877 Goldstream Avenue, Langford, BC, on Tuesday, 6 September 2011, at 7:00 pm. 

Please be advised that no comments may be received by Council after the close of the Public Hearing and any 

submissions made to Council, whether made in person or in writing, will form part of a public record. 


Purpose: 

Applicant: 

Location: 

The purpose of Bylaw No. 1360 is to amend the text of the City of Langford, Bylaw No. 300 by 

making various changes to regulations pertaining to accessory buildings containing secondary 

suites. 


The lands that are subject to Bylaw No. 1360 are all lands located in the City of Langford. 

COPIES of the complete proposed Bylaws and other related material may be viewed during normal working 

hours, 8:30 am to 4:30 pm, Monday.to Friday (holidays excluded), from Monday, 22 August 2011 to Tuesday, 6 

September 2011, inclusive, at the Langford City Hail, Second Floor, 877 Goldstream Avenue, Langford, BC, V9B 

2X8. Please contact the Planning Department at 250-474-6919 with any questions on these Bylaws. 

Jim Bowden 

Administrator








MOVED BY: COUNCILLOR . 

SECONDED: 

COUNCILLOR 


CARRIED. 

j) BYLAW NO. 1368 (File No. 3900-1368) 

"Isabell Road Closure Bylaw No. 1225, Amendment No. 1, Bylaw No. 1368,2011" 


MOVED BY: 

SECONDED: 

COUNCILLOR 

COUNCILLOR 

11. IN CAM ERA RESOLUTION 

MOVED BY: 

SECONDED: 

COUNCILLOR 

COUNCILLOR 

12. ADJOURNMENT 

The Acting Mayor adjourned the meeting at p.m. 

MAYOR 

CERTIFIED CORRECT 

Administrator


July 18 th , 2011 


e) That the applicant provide works and services along the roads fronting the subject 

property in accordance with the current Subdivision and Servicing Byiaw as a 

condition of building permit and to the satisfaction of the City Engineer. 

CARRIED. 

8. Amending Appendix U: General Design Guidelines for Carriage Houses and Carriage 

house regulations in Part 3 of Zoning Bylaw No. 300, the CD18 (Comprehensive 

Development 18 - Happy Valley/FIatman) Zone and the CD14 (Comprehensive 

Development 14- Hazelwood/Luxton) Zone (File No. Z-ll-0023) 

MOVED BY: 

SECONDED: 





"On carriage house lots with lot sizes between 300 m 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 } that 








follows: 




d. Amending Sec. 3.08.04(7) in Part 3 of Zoning Bylaw No. 300, Sec.6.103.06(3)(a) of the CD14 

zone and Sec. 6.107.05(2}(a) of the CD18 zone by increasing the minimum separation 

between two the. carriage house and the principal dwelling unit from 2.4 m (8 ft) and lm(3 

ft), respectively, to 5 m (16 ft); 

e. Amending Sections 3.08.04(8)(b) and 3.08.04(9)(b) in Part 3 of Zoning Bylaw No. 300 by 

increasing the minimum lot depth from 24 m (79 ft) to 29 m {95 ft); 








inch setback between the surface parking space for the carriage house and the property line 

is provided so that there is adequate space to construct a privacy fence; and


July 18% 2011 


i. Adding to Sec. 3.08 in Part 3 of Zoning Bylaw No. 300 and the CD14 and CD18 zones that the 

surface parking stall for the secondary suite shall be a permeable surface such as permeable 

pavers, gravel, grass-crete or impermeable wheelpath surrounded by ground cover plantings 

for stormwater/infiitration and aesthetic purposes. 

CARRIED. 

8. REPORTS 

a) Subdivision 2 n d Quarter Report 

- Staff Report (File No. 0650-20E) 

MOVED BY: 

SECONDED: 



That Council receive the Subdivision 2 nd 

July IS" 1 ,2011. 

Quarter Report as presented on the staff report dated 

CARRIED. 

b) Gemda Holdings Ltd Latecomer Application for Municipal Services along Waifred Road 

- Staff Report (File No. 3320-20-2009-10) 

MOVED BY: 

SECONDED: 



That Council 

1. Declare the costs to the City in providing the excess or extended services to be 

excessive; and 

2. Instruct Staff to draft a latecomer agreement for the above works for the property 

legally described as Lot 3, section 84, Esquimalt District, Plan 22196. 

CARRIED. 

c) Building Inspection Department Monthly Report to June 30 th , 2011 

- Staff Report (File No. 0640-30 B) 

MOVED BY: 

SECONDED: 

COUNCILLORSZPAK 


That Council receive the Building Inspection Department Monthly Report to June 30 th , 2011 as 

presented in the staff report dated July 18 th , 2011. 

CARRIED.


July 11*, 2011 





the City Engineer and the Ministry of Transportation prior to issuance of 

building permit; 







parking plan, prior to any onsite works and/or clearing, to the satisfaction of the 




permit; 

f) That the applicant provide works and services along the roads fronting the 

subject property in accordance with the current Subdivision and Servicing Bylaw 

as a condition of building permit and to the satisfaction of the City Engineer. 

CARRIED. 

h) Amending Appendix U: General Design Guidelines for Carriage Houses and Carriage house 

regulations in Part 3 of Zoning Bylaw No. 300, the CD18 (Comprehensive Development 18 - 

Happy Valley/Flatman) Zone and the CD14 (Comprehensive Development 14 - 

Hazelwood/Luxton) Zone. 


MOVED BY: 

SECONDED: 


J. BUTLER-SMYTHE 




"On carriage house lots with lot sizes between 300 m 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 ) that 








follows: 

Notwithstanding the definition of "height" in Part 1 of Zoning Bylaw 300 and Section • 

3.05.02(3), the absolute height of the accessory building containing a secondary suite-may 


d. Amending Sec. 3.08.04(7} in Part 3 of Zoning Bylaw No. 300, Sec.6.103.06(3)(a) of the CD14 

zone and Sec. 6.i07.05(2)(a) of the CD18 zone by increasing the minimum separation 

P71


July 11* 2011 


between two the carriage house and the principal dwelling unit from 2.4 m (8 ft) and 1 m (3 

ft), respectively, to'5 m (16 ft); 

e. Amending Sections 3.08.04(8)(b) and 3.08.04(9){b) in Part 3 of Zoning Bylaw No. 300 by 

increasing the minimum lot depth from 24 m (79 ft) to 29 m (95 ft); 








inch setback between the surface parking space forthe carriage house and the property line 

is provided so that there is adequate space to construct a privacy fence; and 

i. Adding to Sec. 3.08 in Part 3 of Zoning Bylaw No. 300 and the CD14 and CD18 zones that the 

surface parking stall for the secondary suite shall be a permeable surface such as permeable 

pavers, gravel, grass-crete or impermeable wheelpath surrounded by ground cover plantings 

for stormwater/infiitration and aesthetic purposes. 

CARRIED. 


The Chair adjourned the meeting 7:46 p.m. 

CHAIR 


(Administrator)

CITY OF LAN&FORD 

Bisming : and Zoning 

Langfardi Mt VMMQ. 

e-malk planningQcltyoflangtoitf. ca 

WebSite: ti/fatfcM-Mlniiefor&ca 

pftone::35b474i'60i9 

fax:-250391.3'436 

Staff Report 

to 

mm$W8, Mixing m^Mfordable 

Mousing Committee 

File: 

Z1;8 z.oiiie.s.is »rfi (3, 229 ft ). 

Qfie: drsa^âae ,of g ; $ m $ ^ h ^ ^ r ^ ^ ^ l ^ outdoor s.^ce. To maximize {he: private 

©iitdo^r^greenspace -onHSlBali lots vyith' ea'fiftaÎro.Uses thafc.dc not have acCessrtd a' laneway is 

P73

2f1rQQ23- Caniage-Mouse-Zoning. Regulations 

mum% : 

Pam2df7 

rearing shared;^nve».^=.'Ani ^Wr^pte:Qft.bisrs,h9r^ driyevvay concept in Wsstfriils is-.shown; 

beiowip f igure ; i, Council Hetty wtsMo note^hat'ihe lot sizes in Figure 1 are between $®8 m" 2 

C$ m ft aflal -rn 5- %wcr0il may wjsh; to request that carriage; house 101$ with' lot 

feaSsbeSv^'i^ 

aMing/.and.do hothayre 

•access ,by a-;]arrew.ay ishalT feuêê^^^N^ drivev/ay. 

f4EH3lrfT 

Se&$MM #): iitt o| 20tiino; Bylaw, 300, Se&.f.i OSjJg) oftr^-GDM'4 zone*. Sec. 

6.1, : ;67«(^ \dMe>iri[!S^^^ 1,4:^JiMfph:di^XjL .Ete^n :©;pj:de1iaes for 

£arnpe^9.u^ 

'the- respect to fteigHt'ofarraccessor building 

c.pritShit5l i-i^.ao.nife stffe âr ifeg£ fetrsre;): 

Bee B-M.m (eji i t t i s f e ieô.^4%M#,--te '^Mhtofthe accessory fet/Mno /n 

Wtf&j Se s ^ i ^ ^ w M l M ^ ^ J#£ mGm$W&&fth& height of the oWJaniily 

dW$$M theM: 

•S.eA 6.. nmmm -aMSee,, s $r^^^M&^âm3^0îpn ^'(f (m-messoiy 

l^yrnQ^W^î^ôf^^ ef(he-height oHhe-onefmity 

oW///ft& 

Gtiidgfifre 7^#§#M#£ m^d^hê sfya1ljwkexGe.Q l d-8$$ ofp&toetgbt of the 

Goyncil may wish- fp oShsfd.er leasing See; 3;.fS.Q4^|,. Se.Qv6.1 Q£,0$(2J, See, and 

gufdelinei. £ &4 wm«*f0li:0M|;wJriita§ to ensuteihat the heilMs-df the accessory bulldogs 

are )e~s;s : feci tfM#^0 pi#l^te£lhg ®#ena!J deslgn'Of the ptfnejpa] dwelling, gnit 

•Md--cij%aJ&l« 

P74

ftiulvn . , , Paves of 

•/^^ft^»8/â^«ferft Gf'kmhf'm^ri i : ofZop.ih$ Bylaw m W$$$tiwn &05.02(ty> 

ih&^bsmie. hBl0t om& Ws&ss&if 'building mmWM-a mcmdaty Spite- may not exceed the 

kmM ! €WM>'$$$ ^M^hB^Mofih^ one^mjlyweiikm 

Beta. Qmmm in P&ti&®Mmm ByJ&wJ&te. m£m£Amm®M the GDt4 zone and 

sic. afp7/A^3t) riftfeo&SM 20n^S!^theifeIto!l^,vtt fewest to lto&minimUfrj 

separation between'fcprineipal .dwelling unit.and carriage-house: 

§e& M8;.a^k W& mGeMvtytfflditiQ #i WhTcft the seGMdafysMe.-iB ioeatedmust be Sited at 

^nMM^^^^:-M^Ge&ssojy^&ffi& 

Gontaining a &eebMda&swte may 

,£fteraat%ely > *he^d;es.rg^yid^!irje^^r oarjiage; fro|ise.sen.Gourgge a. $ mtfp ft}-to.S m (16. ft) 

^'akitlS^ E>xjftlLigs'_. ^.qnîlf m^^l^ tr^nsl^ sections 

Ti^^sM f he«im¥M 

t»baiuua§e ô.usB'-aridiHFie. pnnerpsl dwelling; ,uriit 

trjtfO. 1 m f 1§m$M m OTt l&&m^ ft), thkwl e;nsjjr£d^ tlene4s adequate: bac^rd 

dpsrr-spaice; tiefweeftfe tflve- Mafo|siy ^special^to these types of 

mbiolis^^teliR^J and^&M^:# in, i%t&^î^^teW : KI& .30p/requir£a minimum 

fot deplh^reater'tlrian opsqualto.24m (7&fg wnere-there is : a: carflgge' house- on the- lot. 

Maih^Wlhli report as-^stend&A* are^ som© preposeidsMe'^ carriage house lots 

ôyid^dôiê; @iiy by^Wero"fja' : Baîp. VioWa^ 

ffiinTmuffi«dep:tb 

of '1M m®5 feea/i. tip.arj ^pprp.pniiafe-êpthlp a^c^m^te/alj^he uses on the- Iot t including 

fe kfin',eipal dwelfe'un^ mtfam ho^se, pafKjrig;. ^ greensprce.. CounGir.may.-wish to 

consrder^mendfng §eai.dns;i3';'#,o:^'(b5 •and--3;0:s,O^J( b ) : %-incifeasing.Hhe minimum tot 

^pih"-to,rp M-mi^M * ® teBSW^WJ^^^^^W-^ 'OWS zones-a 

mlnimuiS idt'-de.^tro. ife^femeilt .Of#fn (9.5 ft). 

the:parking cerûtrêntlorsma)] lots is two @ gating spaces per dwelling -unit plus one (1) 

ÎtfopalpM^ 

t^vGarfia.9^ Mus;es bujlttp dateoontaintrte 

•v^hioie: panklngr'for- the i&flftapSI dwelling. Unit on the igK&ufeo! m&% which from an Urban design 

.pejsp-et3tteprov'4es a Y$&&&%Xap8y& and tp^/e^jnk-sJpeefeG^pe by fraying •'tfresga/a&es.at the 

mi $ffl defebeW 

I'tisinof a ^qyiremelTtiiri the,zoi#ig bylaw 

t^jêêbFolÎ^rS^ rnusiibeâcGommodaied in tneâceesspry building however Council may 

wiilfe "oihSdejim^jf Ms betmm 30:0 iff (3, 22 &ff) and £49 m 2 

Qounb;iLm'a# WLSM® ffi(|.ue^t-tha.t , the s.urfac.ep^rlsing; Stali.for theise.oondary suife is- of a 

pT3Tmeaots surTa.Ga^tjGâs^.efmeablei. ®a$em jgjpass^cpeig 0j-iriiperêa|1e'Whee|path 

^wrâfiie.d%#oMd lOo&rJfe^lngrfe ^m^mWmW^M^. an r 4 iae.sthetrp\purpp:s6;s. 

m$m§ ¥ faeMmlmMM&W 4$^mm^ ^m^mm^- prff^M ftr the carriage- 

. Wse- are ^ftsn. locralef 'n^ io. tteês&o^ loaves little eRtfa space at this

lOeafiWOc^^^ 

Stani to pmiD:e£ty !ine. To avofdtMs issue, Go.unclrnay 

wls:hiffiFeques«a^W addiôna"! 8 u« sefDaoM^^ s.ufâce-parking.«paG.e- for the. 

eM^hWej^Hd themcpp:eTtr1ine is provtded/spthat there fs .adequate spaced construct a 

pMa^«i&. 

DEtlMs: 

thafcftae pla,pnjfc,g>and' Zoning.- Committee; recomrnendthat Council-. 

1, êcfrstafflo prejaaro lajb^laW tbat.wMd amend Zoning Bylaw Ho\ -30Q &jf£ 

a. M^^fte^)laWih|:t¥> &m 

t&î^^^^hM^â&^^ 

sMed difomsys shame 

b, Me»|SeG.i>Q8^ m mm mmmm Byiaw NO. 300, &.Ammffl ofthe CDI-4. 

Z8j$k %x$t$m- îi ; 0^';0'4P3-0fthe :G&1feon;e as- follows: 

W^twllhstartdim fe demttibn -of 'might" ih -Part 1 of Zoning 3y/aw'MO-.ahd Section 

iêBbsoMe'. M^^-mmm&MMm mffiMw n smnow suite 

maymmmmtM m^m^BS% offh^bsofutQ heigftfbftlje on&famiiydwelling; 

Q. Ameltfng gujdete 1MA- ifrAppendiX; Ufc General, design @u(delines-tfor earxiage, Hgusos 

as follows!' 

mmitmtahWm th&^Mm^mmt^ Patt 1 QfZ&tmg-Bmw 300 andSection 

©e=afeS0£rfe Wpfcoftfee accessory building eoniamlhg.aseeondary suite 

mfmtmmd fii-fai^MMb otm absolute heW'toPi'lre one-family dwelling; 

*L feeoin^êci &B£$4:#|jn. Rant I ofôning Sjlaw No-. 30'^ SeG$Af$&&$) ofthe 

separation between W me*cai$a§e hoUse ; and the principal dwelling unit from 2.4 m (8:ft) 

aficj 1 rri (M),. re$.pect|ye;lyvtp. 5 m,fel6'ft); 

e>, 'Amending ®ection& %u8^;W|8-arid %mm®)(W in Part 3 ofZoning Bylaw No. 300 by 

infeeets^ fc rMwi M'^^fefroni 24 m (-7S ft) to 29 m (95 ft); 

1. A^d&o, trieiJollowjng to;the f GM14;and §E)1':8 zpn>: 

-*i,^G,©$i%^s#^ 

amamessory buildm&on a hi having a depth 

g. .Add),!® to^-Sep, 3;0&in-pa^^^ .Bylaw No, :300 and .the CD 14 and '0D18 zones 

^seoondar# on lots with a Tot-area, between 300 rri 2 & :2£9*ft 2 ) and rh* {Sû'S ft*);- 

I^MWlSfz^^ 

# WWW 

P76

Pa'ge.-S'Qf 

h. Addirvej td See. ifi Fart &:ot%tfirf$ lyl.awJNo. 300 and the 01314 and QD18. zones 

tftsfeaf a WoM mMmk Wmkm tfr&suiita&e pM;g islsaee^fbj: the\cattfa$e h"6'use

P78

fiaflfe 7 of 7


MINUTES OF REGULAR MEETING OF COUNCIL 

Monday, August 15 th , 2011 @ 7:00 p.m. 

Council Chambers, 3 rd 

Floor, 877 Goldstream Avenue 

PRESENT 

Acting Mayor L Seaton, Councillors: D. Blackwell, M. Sahlstrom, L. Szpak and R. Wade. 

ATTENDING 

Administrator, J. Bowden, City Engineer, John Manson, City Planner, Matthew Baldwin; and Deputy Clerk, 

Lindy Kaercher. 

ABSENT 

Mayor S. Young and Councillor W. Sifert. 

1. CALL TO ORDER 

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

MOVED BY: 

SECONDED: 



That Council appoint Councillor Lanny Seaton as Acting Mayor, in the absence of Acting Mayor W. 

Sifert. 

CARRIED. 

2. APPROVAL OF THE AGENDA 

MOVED BY: 

SECONDED: 



That Council approve the Agenda as presented. 

CARRIED. 

3. PUBLIC HEARING 

a) BYLAW NO. 1344 (File No. 3900-1344) 

"Langford Zoning Bylaw, Amendment No. 312, (671 Hoylake Avenue), 2011". 

The Acting Mayor opened the Public Hearing for Bylaw No. 1344 at 7:01 p.m. 

Acting Mayor Seaton 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. Acting Mayor Seaton 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 Ian Crozier Mackenzie has applied to rezone 671 Hoylake Road and the purpose




of the Public Hearing was to hear from the public regarding Bylaw No. 1344 which, if adopted, would rezone 

671 Hoylake Road from R2 (One and Two-Family Residential) to RS3 (Residential Small Lot 3) to allow for the 

development of a 3 lot residential subdivision. 

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

Government Act. 

In support of the rezoning, the applicant has agreed to: 

• Provide the following amenity contribution as a bonus for increased density: 

o $10,900 per unit toward the General Amenity Reserve Fund. 

This proposal is consistent with the Official Community Plan. Notifications and advertisements have been 

placed as required by Council policy. 

The Acting Mayor called a first time for presentations. 

Acting Mayor Seaton called a second time for presentations. 

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

declared the Public Hearing for Bylaw No. 1344 closed at 7:02 p.m. 

b) BYLAW NO. 1347 (File No. 3900-1347) 








further views are forthcoming, the Public Hearing shall be declared closed. 

The City Planner advised that Brian Trenchard has applied on behalf of Teal Adventures Ltd. to rezone 960 

Isabell Avenue and the purpose of the Public Hearing was to hear from the public regarding Bylaw No. 1347 

which, if adopted, would rezone 960 Isabell Avenue from R2 (One and Two-Family Residential) to RS3 

(Residential Small Lot 3) to allow for the development of a 4 lot residential subdivision. 

As part of this rezoning application, a public hearing is required in accordance with the regulations of the Locai 




o 

$9,300 per unit toward the General Amenity Reserve Fund. 



The Acting Mayor called a first time for presentations.






declared the Public Hearing for Bylaw No. 1347 dosed at 7:03 p.m. 

c) BYLAW NO. 1348 (File No. 3900-1348) 








furtherviews are forthcoming, the Public Hearing shall be declared closed. 

The City Planner advised that Brian Trenchard has applied on behalf of Fred, Wendy and Katherine Dunz to 

rezone 964 and 966 Isabell Avenue and the purpose of the Public Hearing was to hear from the public 

regarding Bylaw No. 1348 which, if adopted, would rezone 964 and 966 Isabell Avenue from R2 (One and 

Two-Family Residential) to RS3 (Residential Small Lot 3) to allow for the development of a 3 lot residential 

subdivision. 

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




o 

$9,300 per unit toward the General Amenity Reserve Fund. 




presentations. 

Acting Mayor Seaton called a second time for 



d) BYLAW NO. 1349 (File No. 3900-1349) 

"Langford Zoning Bylaw, Amendment No. 315, (940 and 949 Flatman Avenue), 2011". 







furtherviews are forthcoming, the Public Hearing shall be declared closed.




The City Planner advised that Jim Hartshorne of Keycorp Development Corporation has applied on behalf of 

Mr. Joe DeCicco and Brian and Naomi Peters to amend the zoning designation of 940 and 949 Fiatman Avenue 

and the purpose of the Public Hearing was to hear from the public regarding Bylaw No. 1349 which, if 

adopted, would amend the zoning designation of 940 and 949 Flatman Avenue from AGl (Agriculture 1) to 

CD18 (Comprehensive Development 18 - Happy Valley/Flatman) to allow the development of a residential 

subdivision of approximately 26 lots. As part of the rezoning application, a public hearing is required in 

accordance with the regulations of the Local Government Act. 

In support of the rezoning, the applicant has agreed to provide the following contributions toward the General 

Amenity Reserve Fund: 

1. $9,300 per lot; and 

2. $4.19 per m 2 of lot area for stormwater management; 

The applicant has also agreed to provide, and will provide: 

• two affordable housing units in accordance with Langford's Affordable Housing and Amenity 

Contribution Policy; 

• construct a fence along the boundary of the subject property that is common to the CD15 

(McCormick Meadows) zone, priorto issuance of a building permit; 

• dedicate the new minor collector route prior to the closure of Flatman Aveune; 

• a traffic, public safety and construction parking plan prior to conducting any works onsite; 

• a stormwater management plan to regulate both the quality and quantity of stormwater runoff from 

the site; 

• and notification of the legal noise nuisance for the South Vancouver Island Rangers gun range and 

agricultural uses in the surrounding area; 

This proposal is consistent with the Official Community Pian 'Neighbourhood' designation. Notifications and 

advertisements have been placed as required by Council policy. 


Mr. Dave McCormackof 936 Flatman addressed Council opposed to the proposed bylaw. 

Mr. Vince McCorman of 936 Flatman addressed Council opposed to the proposed bylaw. 

Mr. Kevin Ramsay of 3497 Happy Valley Road addressed Council opposed to the proposed bylaw. 




4. ADOPTION OF MINUTES 

a) Minutes of the Regular Meeting of Council - July 18 th , 2011 

MOVED BY: COUNCILLOR WADE 

SECONDED: COUNCILLOR SAHLSTROM 

That Council approve the Minutes of the Regular Meeting of Council on July 18 th , 2011. 

CARRIED. 

P83



PageS of 19 

5. PUBLIC PARTICIPATION 

Ms. Tammy Jeske of 3535 Horizon Terrace addressed Council in regard to Agenda item 9(e) BC Hydro Smart 

Meters. 

Mr. Karen Weiss of 884 Harold Road addressed Council in regard to Agenda item 9(e) BC Hydro Smart Meters. 

Mr. Steve Sabeto of 4696 West Saanich Road addressed Council in regard to Agenda item 9(e) BC Hydro Smart 

Meters. 

6. DEVELOPMENT VARIANCE PERMIT 

a) DP-11-0028 -1082 Jenkins Avenue 

MOVED BY: 

SECONDED: 



That Council issue Development Permit No. DP11-0028 -1082 Jenkins Avenue to Ryan Young on behalf of 

TREL Developments Ltd. forthe development of a detached duplex on the property legally described as 

Lot 6, Block 1, Section 81, Esquimalt District, Plan 12500, PID No. 002-349-132 (1082 Jenkins Avenue), and 

subject to the following terms and conditions: 

1. Appendices 

The following requirements are imposed under subsections 920 of the Local Government Act: 

a) The site shall be developed in substantial compliance with the site plan, elevation plans and colour 

and material schedule (Appendices A through E) attached to and forming part of this permit. 

2. Conditions 

The following requirements are imposed under Section 920 of the Local Government Act: 

a) That the applicant provide three on-site parking spaces for each dwelling, as required by Section 

4.01.01 VII of Zoning Bylaw No. 300; 

b) A continuous landscape and screening area of at least 1 m (3ft) in width, containing a shrub hedge 

screen of a minimum height of 1.8 m (6ft), at time of planting, or a fence 1.8 m (6 ft) high will be 

provided along the rear and interior property lines except for the front property line where the fence 

shall not exceed a height of 1.2 m (4 ft), all to be installed prior to the issuance of an occupancy 

permit; 

c) Landscaping shall: 

i) Be provided with the objective of providing screening to protect the privacy of 

occupants of adjacent properties as well as the residents of the duplex project; 

ii) Be provided with the objective of providing an effective screen at the time of planting; 

iii) Use plant species which may be considered drought resistant; 

iv) Be irrigated by an automatic watering system; and, 

v) Be safely constructed and planted so as to not compromise sight lines at driveway 

intersections; 

That neither dwelling shall have a secondary suite; 

The site shall be developed in such a way that the existing drainage system and the quality and 

quantity of storm water run-off are maintained, by: 

i) Not increasing the volume of stormwater discharge from the site; 

ii) Not increasing the sediment loadings of stormwater discharge from the site; and




iii) Preventing potential spills of hazardous materials, oils and other contaminants into 

stormwater discharge from the site; 

f) All road frontage improvements, off-site works and services shall be approved by the Engineering 

Department before commencing work. This permit does not impiy any approval of such works; 

g) On-site services shall not be installed in advance of obtaining the necessary permits from the Building 

and Engineering Departments; 

h) All soil removal and deposit works and blasting works shall be approved by the Engineering 

Department, as required by Bylaws No. 181 and 1000, before commencing work. This permit does not 

impiy any approval of such works; and 

i) That a covenant be registered on the title of the subject property, prior to occupancy permit, to the 

satisfaction of the City Engineer, which requires connection of the proposed detached duplex units to 

the municipal sanitary sewer system and the decommissioning of the on-site sewer disposal systems 

within six (6) months of this service becoming available along Jenkins Avenue. 

the 

3. Variances 

The following regulation of Subdivision and Development Servicing Bylaw No. 1000 is varied under Section 

922 of the Local Government Act: 

a) That Section 6.1.1 is varied by allowing development without a connection to a municipal sanitary 

sewer system. 

4. Bonding 

Prior to the issuance of a Building Permit, the applicant must deposit the following security under Section 

925 of the Local Government Act: 

a) An engineering security deposit in the amount of 5% of the estimated cost of construction for 

frontage improvements. 

5. Expiry 

Pursuant to Section 926 of the Local Government Act, this permit will lapse on the second anniversary of 

the date of issuance unless construction, in accordance with the terms and conditions of this permit, has 

been substantially started. 

CARRIED.




b) DVP-11-0009 - 958 Shaw Avenue 

MOVED BY: 

SECONDED: 



That Council issue Development Variance Permit No. DVPll-0009 for 958 Shaw Avenue to Danny Carrier 

of J.E. Anderson & Associates on behalf of Phelps Holdings Ltd. to vary the minimum lot width 

requirement of Zoning Bylaw No. 300 to allow for a two-lot residential subdivision at 958 Shaw Avenue 


1. Appendices 

The site shall be developed in accordance with the site plan attached (Appendix A). 

2. Variances 

The following regulation of Zoning Bylaw No. 300 is varied under Section 922 of the Local Government Act: 

a) That Section 6.21.02(3) be varied by reducing the minimum lot width requirement from 16 m (52.5 ft) 

to 12.44 m (40.8 ft) and 14.33 m (47.0 ft) for the Proposed Lots 1 and 2, respectively. 

CARRIED. 

c) DVP-11-0013 -1264 Goldstream Avenue 


SECONDED: COUNCILLOR SAHLSTROM 

That Council issue Development Variance Permit No. DVP11-0013 for 1264 Goldstream Avenue 

to Steve Alder to vary the side yard setback to allow for a three storey addition to be constructed to 

the existing accessory building which will be attached to the principal building at 1264 Goldstream 

Avenue, and subject to the following terms and conditions: 

1. Appendices 


2. Variances 

The following regulation of Zoning Bylaw No. 300.be varied under Section 922 of the Local 

Government Act: 

a) That Section 6.01.07(l)(b) be varied to reduce the distance of a building to a side yard lot line 

from the required 3m (10ft) to 1.7m (5.5ft). 

3. Conditions 

a) That prior to issuance of an occupancy permit, that the owner place signage at the front of the 

building that identifies the suite and its access route to the satisfaction of the fire chief. 

CARRIED.


August 15 ,h , 2011 


d) DVP-11-0015 - 930 Waifred Road 

MOVED BY: 

SECONDED: 



That Council issue Development Variance Permit No. DVP11-0015 at 930 Waifred Road to Dave Horner to 

vary Subdivision and Development Servicing Bylaw No. 1000 requirements with respect to municipal 

sanitary sewer to allow for a two-lot residential subdivision of 930 Waifred Road, and subject to the 


1. Appendices 


2. Variances 

The following regulation of Subdivision and Development Servicing Byiaw No. 1000 be varied under 

Section 922 of the Local Government Act: 

a) That Section 6.1.1 be varied to allow for a two-lot subdivision without connection to municipal 

sanitary sewers. 

3. Conditions 

a) That the two lot subdivision be generally as presented to Council at the time of application; 

b) That the applicant connect the existing dwelling at 930 Waifred Road and any new dwellings to 

municipal sewers at the time of the further subdivision of the remainder parcel (proposed lot 2); and 

c) That the applicant provides, to the satisfaction of the City Engineer, any easements necessary to 

connect the existing dwelling at 930 Waifred Road to the municipal sewer service via Ernhill Drive at 

the time of further subdivision of the remainder parcel (proposed lot 2). 

CARRIED. 

e) DVP-11-0017 - 3061 Shoreview Drive 

MOVED BY: 

• SECONDED: 



That Council issue Development Variance Permit No. DVPll-0017 at 3061 Shoreview Drive to John Heaps 

to vary the requirement of Zoning Bylaw No. 300 with respect to the required exterior side yard setback to 

allow for an addition on 3061 Shoreview Drive, subject to the following terms and conditions: 

1. Appendices 


2. Variances 

The following regulation of Zoning Bylaw No. 300 be varied under Section 922 of the Local Government 

Act: 

a) That Section 6.21.06(l)(c) be varied by reducing the distance that a building or structure may be 

located from the exterior property line from 4.5 m (15 ft) to 1.6 m (5.3 ft) for a proposed addition. 

CARRIED.




f) DVP-11-0019 - 3266 Hazelwood Road 

MOVED BY: 

SECONDED: 



That Council issue Development Variance Permit No. DVP11-0019 for 3266 Hazelwood Road toWil 

Peereboom of Victoria Design Group on behalf of 878478 BC Ltd to vary the requirement of Zoning Byiaw 

No. 300 with respect to the exterior side yard setback to allow for a wider building envelope on a 

proposed new residential lot at 3324 Hazelwood Road, subject to the following terms and conditions: 

a) Appendices 

The site shall be developed in accordance with the site plan'attached (Appendix A). 

b) Variances 

The following regulation of Zoning Bylaw No. 300 be varied under Section 922 of the Local 

Act: 

Government 

a) That Section 6.103.06(l)(c) be varied by reducing the distance that a building or structure may be 

located from the exterior property line from the required 3 m (9.8 ft) to 1.2 m (4 ft) for proposed lot 1, 

notwithstanding Section 3.18 of Zoning Bylaw No. 300. 

CARRIED. 

g) DVP-11-0020 - 2983 and 2985 Glen Lake Road 

MOVED BY: 

SECONDED: 



That Council issue Development Variance Permit No. DVP11-0020 for 2983 and 2985 Gien Lake Road 

to Ryan Young, on behalf of Brenda Young and Arkis Developments Ltd., to vary the requirement of 

Subdivision and Development Servicing Bylaw No. 1000 with respect to required frontage improvements 

to allow for a one-lot subdivision at 2985 Glen Lake Road and 2983 Glen Lake Road, subject to the 


1. Appendices 

The site shall be developed in accordance with the site plans attached (Appendices A & B). 

2. Variances 

The following regulation of Subdivision and Development Servicing Bylaw No. 1000 be varied under 


a) That Section 2.1.1 be varied by allowing for subdivision of the subject property at 2985 Glen Lake Road 

without the requirement for frontage improvements along Glen Lake Road; 

b) That Section 2.1.1 be varied by allowing for subdivision of the subject property at 2985 Glen Lake Road 

without the requirement for frontage improvements along Selmar Road; 

c) That Section 2.1.1 be varied by allowing for subdivision of the subject property at 2983 Glen Lake Road 

without the requirement for frontage improvements-along Glen Lake Road; 

d) That Section 2.1.1 be varied by allowing for subdivision of the subject property at 2983 Glen Lake Road 

without the requirement for frontage improvements along Loch Glen Road; 

P88




3. Conditions 

That the applicant provide a contribution to the City, at the time of subdivision, in the amount of 

$60,000, being approximately 50% of the cost of providing frontage improvements. 

h) DVP-11-0022 - 2637 Savory Road 

CARRIED. 

MOVED BY: 

SECONDED: 



That Council issue Development Variance Permit No. DVP11-0022 for 2637 Savory Road to Justine Rae- 

Connor and Shaun Connor to vary the requirement of Subdivision and Development Servicing Bylaw No. 

1000 with respect to municipal sanitary sewer connection to allow for an addition to the existing singlefamily 

dwelling on the property legally described 2637 Savory Road, subject to the following terms and 

conditions: 

1. Appendices 


2. Variances 

The following regulation of Subdivision and Development Servicing Bylaw No. 1000 be varied under 


a) That Section 6.1.1 be varied in order to construct an addition to an existing dwelling without 

connecting to the municipal sanitary sewer system. 

3. Conditions 

That a covenant be registered on the title of the subject property, at the time of building permit, to the 

satisfaction of the City Engineer, which requires that the proposed single-family dwelling is connected to 

the municipal sanitary sewer system and that the on-site sewer disposal system is decommissioned within 

one (1) year of the municipal sewer service being extended along the property's Savory Road frontage. 


CARRIED. 

a) Planning, Zoning & Affordable Housing Committee - August 8 th , 2011 

1. Application to Vary Section 96 and Section 2.1.1 of the Subdivision and Development 

Servicing Bylaw No. 1000 by Waiving the Requirement to Underground all Single Phase 

Transmission Systems and the Requirements to Complete Full Frontage Improvements at 

918 Gade Road. (File No. DVP-11-0016 - 918 Gade Road) 

MOVED BY: 

SECONDED: 



That Council proceed with consideration of Development Variance Permit No. DVP-11-0016 for the 

proposed 3-lot subdivision at 918 Gade Road, with the following variances: 

a) That Section 9.6 of the Subdivision and Development Servicing Bylaw No. 1000 be varied by 

waiving the requirement for installing all single phase transmission systems underground; and




b) That Section 2.1.1 of the Subdivision and Development Servicing Bylaw No. 1000 be varied by 

waiving the requirement to complete full frontage improvements, subject to the following 


i. That the applicant provide a cash contribution of at least 50% of the 

ii. 

iii. 

iv. 

estimated cost of any required frontage improvements varied the 

Development Variance Permit (DVP) process; 

That the applicant work with staff to establish a driveway and grading plan, 

prior to issuance of the DVP, that retains all trees, including Arbutus and 

Douglas fir trees in the frontage to the satisfaction of the City Engineer and 

Parks Manager unless otherwise recommended by the Certified Arborist that 

a tree(s) must be removed to accommodate the work; 

That the applicant provide a Tree Preservation Plan prior to issuance of the 

DVP to the satisfaction of the Parks Manager; 

For every tree in the ROW that is removed or damaged during construction 

that the owner shall provide a 2:1 replacement. The replacement trees shall 

be native trees and the minimum caliper size of the replacement trees shall be 

7cm, to the satisfaction of the Parks Manager; 

v. That the owner provide a letter of engagement from a certified arborist, prior 

vi. 

to commencement of any work, confirming that there will be an arborist 

onsite during clearing and excavation to ensure that the trees being retained 

are being protected accordingly; 

That the applicant provide the necessary conduit for future underground 

electrical connection to each dwelling. 

CARRIED. 

2. Application to Rezone 961 and 963 Isabell Avenue from R2 (One- and Two-Family 

Residential) to RS3 (Residential Small Lot 3) to Allow for the Development of Approximately 

7 Single-Family Residential Lots (File No. Z-10-20 - 961 and 963 Isabell Avenue) 

MOVED BY: 

SECONDED: 



That Council proceed with this rezoning by giving first reading to Bylaw No. 1339 to amend the zoning 

of the subject property from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) in 

order to accommodate development of the property, subject to the following terms and conditions: 

a) That the owner agrees to provide the following contribution, prior to Bylaw Adoption, to 

the General Amenity Reserve Fund: 

i) $9,300 per unit; and 

ii) $4.19 per m z of site area; 

b) That the applicant provide, priorto Bylaw Adoption, a Section 219 covenant, registered in 


i) That the applicant will incur all costs relating to infrastructure upgrades, including offsite 

works, required to manage the subject property's drainage concern, as a 

condition of rezoning of the lands; 

ii) 

That the applicant install a fire hydrant in a location approved by the Fire Chief; 

iii) That as a condition of subdivision, frontage improvements be provided to Subdivision 

and Development Servicing Bylaw No. 1000 standards, to the satisfaction of the City 

Engineer; 

P90




iv) That required parking spaces provided in the garage portion of the buildings will be 

maintained as spaces that allow for the parking of motor vehicles; and 

v) That legal noise nuisance from the South Vancouver Island Rangers and nuisances 

from agricultural uses in the area be acknowledged; 

That the applicant provide a contribution, equal to 10% of the total market value of the property 

after rezoning, toward the General Amenity Reserve Fund, prior to Bylaw Adoption. 

CARRIED. 

3. Application to Amend the Zoning Designation of the Property at 554 Goldstream Avenue 

from RM2 (Attached Housing) Zone to MUIA (Mixed Use Residential Commercial A) to 

Allow for the Redevelopment of the Site Consisting of Two (2) new Affordable Housing 

Apartment Rental Buildings (File No. Z-11-0021 - 554 Goldstream Avenue) 

MOVED BY: 

SECONDED: 



That Council 

1. Direct staff to prepare a bylaw to amend the zoning designation of the property at 544 

Goldstream Avenue from RM2 (Attached Housing) to MUIA (Mixed Use Residential Commercial 

A), subject to the following terms and conditions: 

a) That as a bonus for increased density on the subject property, the owner agrees to 

provide the following contributions per dwelling unit at the time of building permit: 

i. $4,400 towards the General Amenity Reserve Fund. 

b) Waive the amenity contribution of $4,400 per unit, or an amount to be determined by 

Council, for each dwelling unit that will be rented at 10% below market rate for a minimum of 

5 years and that these parameters are secure in a Housing Agreement registered to title in 

priority-over all other charges priorto bylaw adoption; 

c) Request that the applicant preserve the existing greenspace at the rear of the property, the 

bedrock outcrops and cluster of trees in the middle of the site to the satisfaction of the City 

Planner, and provide a survey showing the areas to be preserved prior to final adoption of the 

bylaw. 

d) Request that the applicant provide the following items prior to bylaw adoption: 

i. Register a no-build, non-disturbance covenant to the satisfaction of the City Planner that 

ii. 

outlines the areas to be preserved on site; 

Register a S.219 Covenant that agrees to the following: 

a. That the owner ensure the removal and control of invasive species (i.e. Scotch 

Broom and Himalayan Blackberry) on the site; 

b. That the owner provide secure bicycle storage on site for residents to the 

satisfaction of the City Planner; 

c. That the owner provide full frontage improvements and apply the Goldstream 

standard, which includes, but not limited to, red brick sidewalks, boulevard, street 

trees and street lighting, to the satisfaction of the City Engineer; 

d. That the applicant provide a stormwater management plan prepared by a 

Professional Engineer, prior to issuance of Building Permit, that will 

provide 

appropriate measures to manage stormwater onsite and to regulate both the quality 

and quantity of storm water runoff from the site; 

e. That the applicant provide a traffic and public safety plan and construction parking 

plan, prior to any onsite works and/or clearing, to the satisfaction of the City 

Engineer;


August IS" 1 ,2011 


iii. Register to title a reciprocal access easement on the existing driveway to the satisfaction of 

the City Engineer; 

e) Request that the applicant provide works and services along the roads fronting the subject property in 

accordance with the current Subdivision and Servicing Bylaw as a condition of building permit and to 

the satisfaction of the City Engineer; and 

f) Direct staff to bring forward an omnibus amendment to Zoning Bylaw No. 300 with respect to recent 

changes to the BC Building code that allow for 6-storey wood frame construction so that 6-storey 

construction may be permitted in certain zones within the downtown core. 

CARRIED. 

4. Application to rezone the property at 2657 Florence Lake Road from R2 (One and Two- 

Family Residential) to the R4 (One-Family Residential 4) zone in order to permit the 

construction of one single family dwelling and an accessory building containing a secondary 

suite (carriage house) (File No. Z-ll-0022 - 2657 Florence Lake Road) 

MOVED BY: 

SECONDED: 



That Council proceed with this rezoning by giving first reading to Bylaw No. 1359 to amend the zoning 

of the subject property at 2657 Florence Lake Road from R2 (One and Two-Family Residential) to R4 

(One-Family Residential 4). 

CARRIED. 

8. REPORTS 

a) Planning Department Monthly Report - June/July 2011 


MOVED BY: 

SECONDED: 



That Council receive the Planning Department Monthly Report for June and July 2011. 

CARRIED. 

b) Intermunicipal Servicing Agreement District of Highlands -1150 Bear Mountain Parkway 

- Staff Report (File No. 2240-85 Intermunicipal Servicing Agreement) 

MOVED BY: 

SECONDED: 



That Council direct staff to: 

. 1. Enter into an inter-municipal servicing agreement with the District of Highlands for the property 

located at 1150 Bear Mountain Parkway; and 

2. That the inter-municipal servicing agreement be restricted to allow capacity for up to 30 dwelling 

units but no more than 30 until such time as additional hydroelectric power capacity is supplied to 

the area. 

CARRIED. 

P92




c) Subdivision and Development Servicing Bylaw, Amendment #3 

- Staff Report (File No. 3900-20-1352) 

MOVED BY: 

SECONDED: 



That Council rescind 3 rd , 2ntd and 1 s t 

reading of Bylaw No. 1352, "Subdivision and Development 

Servicing Bylaw, Amendment No. 3, Bylaw No. 1352, 2011" and give First, Second and Third 

reading as amended. 

d) Road Maintenance Contract 2011 to 2016 

- Staff Report (File No. 2240-20 Road Maintenance Contract) 

CARRIED. 

MOVED BY: 

SECONDED: 



That Council: 

1. Renew the Road Maintenance Contract for a period of Five (5) years with VCMMC, at a base cost 

of $925,000 for 2011, and the budget be set to reflect this decision; and 

2. Direct staff to bring forward amendments to the contract to provide for an integrated pavement 

management program within the contract for consideration by Councii as part of the 2012 

budget process. 

CARRIED. 

e) Contract Award Glen Lake and Jenkins Road Improvements 

- Staff Report (File No. 5330-20 Glen Lake & Jenkins Road) 

MOVED BY: 

SECONDED: 



That Council instruct staff to award this project to the low bidder with the assumption that the 

successful bidder meets the requirements of the tender documents. 

CARRIED. 

f) Easement over a Portion of Goldstream Avenue for the Purpose of Stratification of Existing 

Building 

- Staff Report (File No. 3320-19-2008-35- 662 Goldstream Avenue) 

MOVED BY: 

SECONDED: 


COUNCILLOR SAHLSTROM 

That Council: 

1. Instruct staff to publish a newspaper notice pers. 26 of the Community Charter for disposition of 

the easement interest in the road; and 

2. Instruct staff to prepare an easement agreement incorporating substantially all the terms of the 

current encroachment agreement between the City and the Owner for signature by the parties 

and registration on the provisional road title. 

CARRIED. 

P93




g) Patio Encroachment Agreement - The Granderson 

- Staff Report (Fiie No. 3320-19-2008-35- 662 Goldstream Avenue) 

MOVED BY: 

SECONDED: 



That Council: 

1. Enter into a Right of Way Encroachment Agreement with the Developer of 662 Goldstream Ave, 

for the period of ten (10) years, that may be renewed at the City's sole discretion, for four (10) 

additional years subject to the use and conditions described in the Agreement; and 

2. Make the .superficial maintenance of the Encroachment Area such as snow, leaf, and garbage 

removal a condition of the Agreement. 

CARRIED. 

h) 891 Isabell Avenue Road Closure and Land Exchange 


MOVED BY: 

SECONDED: 



That Council give Isabell Road Closure Bylaw No. 1368, Amendment No. 1 to Bylaw No. 1225 first 

three readings. 

CARRIED. 

9. CORRESPONDENCE 

a) Gas Tax/Public Transit Management Services 

Re: Gas Tax Agreement Community Works Fund Payment - $326,787 (File Gov\Agreements) 

MOVED BY: 

SECONDED: 

COUNCILLOR BLACKELL 


That Council receive with thanks the letter dated July 25 th , 2011 from Gas Tax/Public Transit 

Management Services regarding the Gas Tax Agreement Community Works Fund Payment of 

$326,787. 

CARRIED. 

b) Richard Gregory 

Re: Crystal View School - Children's Safety Program f File Governance\Correspondence) 

MOVED BY: 

SECONDED: 

COUNCILLOR BLACKELL 


That Council receive the letter of July 27 th , 2011 from Richard Gregory with regard to the Children's 

Safety Program. 

CARRIED. 

P94


August IS" 1 ,2011 


c) Greater Victoria Film Commission 

Re: letter of Appreciation (File Governance\Correspondence) 

MOVED BY: 

SECONDED: 



That Council receive the letter of appreciation dated July 20 th , 2011 from the Greater Victoria Film 

Commission. 

CARRIED. 

d) Prince Edward Legion Branch #91 

Re: Letter of Appreciation (File No. Governance\Correspondence) 

MOVED BY: 

SECONDED: 



That Council receive the letter of appreciation dated July 11 t h , 2011 from the Prince Edward Legion 

Branch #91 with respect to the $1,500 donation from the Mayor's Annual Charity Goif Tournament. 

CARRIED. 

e) Tammy and Robert Jeske 

Re: BC Hvdro Smart Meters (File Governance\Correspondence) 

MOVED BY: 

SECONDED: 


COUNCILLOR SAHLSTROM 

That Council receive the email dated June 29 th , 2011 from Tammy and Robert Jeske with respect to 

the BC Hydro Smart Meters. 

CARRIED. 

10. BYLAWS 

a) BYLAW NO. 1339 (File No. 3900-1339 



MOVED BY: 

SECONDED: 




CARRIED. 

b) BYLAW NO. 1344 (File No. 3900-1344) 

"Langford Zoning Bylaw, Amendment No. 312, (671 Hoylake Avenue), 2011". 


MOVED BY: 

SECONDED: 



That Council give Bylaw No. 1344 Second and Third Reading. 

CARRIED.




c) BYLAW NO. 1347 (File No. 3900-1347) 



MOVED BY: 

SECONDED: 




CARRIED. 

d) BYLAW NO. 1348 (File No. 3900-1348) 



MOVED BY: 

SECONDED: 




CARRIED. 

e) BYLAW NO. 1349 (File No. 3900-1349) 

"Langford Zoning Bylaw, Amendment No. 315, (940 and 949 Flatman Avenue), 2011". 


MOVED BY: 

SECONDED: 




CARRIED. 

f) BYLAW NO. 1352 (File No. 3900-1352) 

"Subdivision and Development Servicing Bylaw, Amendment No. 3, Bylaw No. 1352,2011". 

(RESCIND THIRD, SECOND AND FIRST READINGS, GIVE FIRST, SECOND AND THRID READING AS 

AMENDED) 

MOVED BY: 

SECONDED: 



That Council rescind Third, Second and First Readings of Bylaw No. 1352. 

MOVED BY: 

SECONDED: 



CARRIED. 

That Council give Bylaw No. 1352 First, Second and Third Reading as amended. 

CARRIED.




g) BYLAW NO. 1355 (File No. 3900-1355) 

"Langford Zoning Bylaw, Amendment No. 318, (1017 Marwood Avenue), 2011". 


MOVED BY: 

SECONDED: 



That Council direct staff to work with the applicant to ensure that the draft parking plan provides 

sufficient on-street parking that is suitable and accessible to the neighbourhood, prior to public 

hearing. 

CARRIED. 


SECONDED: COUNCILLOR WADE 


CARRIED. 

h) BYLAW NO. 1358 (File No. 3900-1358) 

"Langford Zoning Bylaw, Amendment No. 321, (2741, 2749, 2751, 2753, 2757, and 2761 Spencer 

Road and 996 Preston Way), 2011". 


MOVED BY: 

SECONDED: 



That Council: 

1. Require the applicant provide, priorto bylaw adoption, a section 219 covenant, registered in 


i. A site plan showing a 12 metre turning radius for emergency vehicles prior to issuance 

of Development Permit and to the satisfaction of the City Engineer; 

ii. That the owner provide a traffic study prior to issuance of Development Permit, and 

will implement the recommendations of the traffic study, to the satisfaction of the 

City Engineer. 

CARRIED. 

MOVED BY: 

SECONDED: 




CARRIED. 





MOVED BY: 

SECONDED: 




CARRIED.

j) BYLAW NO. 1368 (File No. 3900-1368) 

"Isabell Road Closure Bylaw No. 1225, Amendment No. 1, Bylaw No. 1368,2011" 





MOVED BY: 

SECONDED: 



That Council give Frist, Second and Third Reading to Bylaw No. 1368. 

CARRIED. 

11. IN CAM ERA RESOLUTION 

MOVED BY: 

SECONDED: 



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 Legal Matters, Negotiations and Property Acquisition under section 90 (l)(f) (k) and (e) 

of the Community Charter. 

b) That Council continues the meeting in closed session. 

CARRIED. 


The Acting Mayor adjourned the meeting at 8:15 p.m. 

MAYOR 


Administrator


RESOLUTIONS OF THE PLANNING, ZONING AND AFFORDABLE HOUSING COMMITTEE MEETING 

Monday, August 22 na , 2011 

1. Application to Rezone 3385 Happy Valley Road from AGl (Agriculture 1) to RM7A (Medium- 

Density Apartment A) to Allow for the Development of Approximately 18 Townhouse Units 

and 6 One-Family Lots (File No. Z-10-05- 3385 Happy Valley Road) 


zoning of the subject property from AGl (Agriculture 1) to RM7A (Medium-Density Apartment 

A) in order to accommodate development of the property with townhouses and single family 

lots, subject to the following terms and conditions: 

a) That the owner agrees to provide the following contributions, at the time of Building Permit 

for multi-family units and at the time of Subdivision for one-family lots, to the General 


i) $4.96 per m 2 of site area; 

ii) $9,300 per residential unit or lot in excess of 1; and 

iii) An amount, equal to 10% of the total market value of the property after rezoning, in 

lieu of Open Space dedication; 

b) That staff and the applicant determine the portion of the property that is to be used for 

extension of Vision Way, and that the applicant provide a statutory right-of-way, prior to 

Bylaw Adoption, to the satisfaction of the City Engineer; 

c) That the applicant update the traffic study for the Happy Valley Road corridor by including 

the proposed density on the subject property, prior to Bylaw Adoption; 

d) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, registered in 


i) That the applicant dedicate a portion of the property's road frontage along Happy Valley 

Road to the City as road dedication, to the satisfaction of the City Engineer, at the time 

of subdivision; 

ii) That flex units may not be subdivided into their a real estate entity that is separate and 

apart from the principal unit that they form part of; 

iii) That the applicant will maintain the normal drainage system of the subject properties 

and regulate both the quality and quantity of storm water run-off from the site, as a 

condition of rezoning; and 

iv) That legal noise nuisance from the South Vancouver Island Rangers gun range and 

nuisances from agricultural uses in the area be acknowledged. 

CONT'D ON PAGE 2 

P99

Res. of the PZAH Committee 

August 22nd, 2011 


Application to Rezone 3371, 3377 and 3379 Happy Valley Road from AGl (Agriculture 1) and 

GR2 (Greenbelt Residential 2) to RM7A (Medium-Density Apartment A) to Allow for the 

Development of Approximately 59 Townhouse Units (File No. Zll-0015- 3371,3377 and 3379 

Happy Valley Road) 


zoning of the subject properties from AGl (Agriculture 1) and GR2 (Greenbelt Residential 2) to 

RM7A (Medium-Density Apartment A) in order to accommodate development of the property 

with townhouses, flex units and single family lots, subject to the following terms and conditions: 

a) That the owner agrees to provide the following contributions, prior to issuance 

of a Building Permit, to the General Amenity Reserve Fund: 

i) $4.96 per m2 of site area; 

ii) $9,300 per residential unit in excess of 3 units; and 

iii) an amount, equal to 10%, minus the area to be dedicated for trail 

purposes, of the total market value of the property after rezoning, in 

lieu of Open Space dedication; 

b) That staff and the applicant determine the portion of the property that is to be 

used for extension of Vision Way, and that the applicant provide a statutory 

right-of-way, prior to Bylaw Adoption, to the satisfaction of the City Engineer; 

c) That the applicant update the traffic study for the Happy Valley Road corridor by 

including the proposed density on the subject properties, prior to Bylaw 

Adoption; 

d) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 


i) That the applicant dedicate a portion of the properties' road frontage 

along Happy Valley Road to the City as road dedication, to the 

satisfaction of the City Engineer, at the time of subdivision; 

ii) 

iii) 

iv) 

That flex units may not be subdivided into a real estate entity that is 

separate and apart from the principal unit that they form part of; 

That the applicant dedicate a 3 metre wide strip of land to the City, 

between the park to the east and a municipal sidewalk on site, and 

construct a trail and fencing within this area, and provide signage to 

direct the public to the trail, to the satisfaction of the Parks Manager, at 

the time of subdivision; 

That the applicant provide a 3 metre wide Statutory Right-of-Way, 

between a municipal sidewalk on site and a sidewalk along Happy Valley 

Road, and construct a trail within this Right-of-Way, and provide signage 

to direct the public to the trail, to the satisfaction of the City Engineer 

and Parks Manager, at the time of subdivision; 

CONT'D ON PAGE 3




v) That the applicant will maintain the normal drainage system of the 

subject properties and regulate both the quality and quantity of storm 

water run-off from the site, as a condition of rezoning; and 

vi) 

That legal noise nuisance from the South Vancouver Island Rangers gun 

range and nuisances from agricultural uses in the area be 

acknowledged. 

. Application to Rezone 1004 Fashoda Place from AGl (Agriculture 1) to RS3 (Residential Small 

Lot 3) and R2A (One- and Two-Family Residential) to Allow for the Development of a Five Lot 

Subdivision (File No. Zll-0018 -1004 Fashoda Place) 


zoning of the subject property from AGl (Agriculture 1) to RS3 (Residential Small Lot 3) and R2A 

(One- and Two-Family Residential) in order to accommodate development of the property, 


a) That the owner agrees to provide the following contributions towards the 

General Amenity Reserve Fund, at the time of Subdivision: 

i) $9,300 per lot; 

ii) $4.19 per m2 of site area; and 

iii) A contribution equal to 10% of the total market value of the property 

after rezoning, in lieu of Open Space dedication; 

b) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 


i) That the applicant will maintain the normal drainage system of the 

subject properties and regulate both the quality and quantity of storm 

water run-off from the site, as a condition of rezoning; 

ii) That legal noise nuisance from the South Vancouver Island Rangers gun 

range and nuisances from agricultural uses in the area be 

acknowledged. 

Application to Rezone 3262 and 3264 Happy Valley Road from GR2 (Greenbelt Residential 2) 

to RS3 (Residential Small Lot 3) and RT2 (Residential Townhouse 2) to Allow for the 

Development of Approximately Five (5) One-Family Lots and Six (6) Townhouse Units (File No. 

Zll-0019 - 3262 and 3264 Happy Valley Road) 

That Council proceed with this rezoning by giving first reading to Bylaw No. 1363 to amend the j 

zoning of the subject properties from GR2 (Greenbelt Residential 2) to RS3 (Residential Small Lot I 

3} and RT2 (Residential Townhouse) in order to accommodate development of the property, 


CONT'D ON PAGE 4 

P101




That the owner agrees to provide the following contributions, at the time of 

Building Permit for multi-family units and at the time of subdivision for onefamily 

lots, to the General Amenity Reserve Fund: 


ii) $9,300 per residential unit or lot in excess of 2; and 

iii) An amount, equal to 10% of the total market value of the property after 

rezoning, in lieu of Open Space dedication; 

That staff and the applicant determine the portion of the property that is to be 

used for extension of Waifred Place, and that the applicant provide a statutory 

right-of-way, prior to Bylaw Adoption, to the satisfaction of the City Engineer; 

That the applicant provide construction fencing along the northerly boundary of 

the subject property priorto bylaw adoption; 

That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, 

registered in priority over ail other charges on title, that agrees to the following: 

i) That the applicant dedicate a portion of the properties' road frontage along 

Happy Valley Road to the City as road dedication, to the satisfaction of the 

City Engineer, at the time of subdivision; 

ii) That the applicant will maintain the normal drainage system of the subject 

properties and regulate both the quality and quantity of storm water run-off 

from the site, as a condition of rezoning; 

iii) That the secondary suite in the existing dwelling will be decommissioned, at 

the time of subdivision, and that no secondary suites are permitted in any 

dwellings on the subject properties; 

IV) That legal noise nuisance from the South Vancouver Island Rangers gun 

range and nuisances from agricultural uses in the area be acknowledged; 

and 

v) That the applicant provide a construction traffic and parking management 

plan to the satisfaction of the City Planner or City Engineer prior to issuance 

of building permit.



Staff Report 

to 

Council 

Date: 6 September 2011 

File No.: 

Subject: 

5330-20 Spencer Interchange Project - Leigh Road and L500 Ramp 

Contract Award - Leigh Road and L500 Ramp 2011 Construction 

Background 

At the direction of Council, the City is continuing with the construction of the Spencer Interchange 

Project, which was authorized by Council through a petition process in 2007 (Bylaws 1147 and 1148). In 

2011, it is planned that the portions of the works located on Leigh Rd, south of the interchange bridge, 

and the northwest ramp is to be constructed, with other portions of the interchange to follow in 2012. 

Commentary 

This project was tendered in August and closed at 2:00pm on Friday, August 26,2011 at City Hall. 

We received a total of 9 tenders forthe project, as follows (with any tender irregularities noted): 

Contractor 

Tender Price Comment 

(Incl HST) 

Donn Mann Excavation Ltd 3,099,136.32 

Upland Excavation Ltd 2,740,038.56 

Draycor Construction Ltd 2,636,688.32 

0906393 BC Ltd 3,060,887.09 Adjusted minor adding error. 

Chew Excavation 2,963,592.80 

Northridge Excavating Ltd 2,775,897.04 

Jacob Bros Construction Ltd 3,034,218.24 

C-l Contractors Ltd 2,903,493.60 

Windley Contracting (2010) Ltd 2,486,400.00 

The low bid was submitted by Windley Contracting (2010) Ltd in the amount of $2,486,400.00 inclusive 

of HST. The Engineers Estimate for this work (which excludes BC Hydro underground work which is now 

going to be tendered separately by BC Hydro was $3,890,000 inclusive of HST. The low tender is about 

35% less than the Engineer's estimate, which is based on fairly recent tender projects of this nature. 

This indicates a very favorable competitive construction climate at present. 


T • 250-478-7882 F • 250-391-3437 

P103

Contract Award Spencer Interchange Project 

Leigh Road-L500 Ramp 

Page 2 

Windley Contracting, based out of Nanaimo, has fairly recent experience having undertaken the 

MacTavish Interchange Project for the Ministry of Transportation and has the necessary skills to 

undertake this project, accordingly, staff recommends that the project be awarded to Windley 

Contracting (2010) Ltd in the amount of $2,486,400.00 inclusive of HST. 

Financial Implications 

This project is part of the petition for the Spencer Interchange project. Budget allocations for this 

portion of the project are the subject of a separate report by the Director of Finance. 

Options 

That Council: 

1. Instruct staff to award the Spencer Interchange Project - Leigh Road, L500 Ramp to Windley 

Contracting (2010) Ltd in the amount of $2,486,400.00 inclusive of HST; 

OR 

2. Not award the Spencer Interchange Project - Leigh Road, L500 Ramp at this time. 

Respectfully submitted, 

P104


2nd Floor, 877 Goldstream Avenue 

Langford, B.C. 

V9B 2X8 

Administration and Finance 

Phone: (250)478-7882 

Fax: (250)478-7864 

CANN S 

STAFF REPORT TO COUNCIL 

Date: September 6, 2011 

File No.: 

Subject: 

3900-1369 

Temporary Borrowing For Leigh Road - TCH to Goldstream Construction 

Background 

In March 2008 Council adopted "Spencer Road Interchange Loan Authorization Byiaw 

No. 1148, 2008" which authorized borrowing of up to $25 million for construction of the 

Spencer Interchange including improvements to Leigh Rd. from the overpass to 

Goldstream Ave. 

In August 2008 Council adopted "City of Langford Spencer interchange Local Area 

Service Temporary Borrowing Bylaw No. 1171, 2008 1 ' which, under the above bylaw No. 

1148, permitted the temporary borrowing of $9.75 million. The proceeds of this loan 

were used, together with funding from other sources, to construct the overpass and 

other improvements that have now been completed. 

The City published a tender call for the next phase of work on the project - 

improvements to Leigh Rd. to Goldstream Ave. The low bid was $2,486,400 and award 

of the contract is the subject of a separate report to Council. 

Commentary 

If Council accepts the bid and awards the contract for the Leigh Rd. improvements, 

bylaw #1369 on tonight's agenda would give authority to temporarily borrow up to $3 

million to cover the cost of construction. The amount in bylaw #1369 is determined as 

follows: 

Construction bid price $2,486,400 

Less: recoverable from utilities 254,300 

Plus: inspection, contract admin, drawings @ 15% 373,000 

Plus: contingency @ 15% 373.000 

$2,978,100 (rounded to $3 million) 

The amounts for inspection, contract administration, as-built drawings and contingency 

are estimates. Only the amount required to pay actual costs of the project will be 

borrowed. 

With the adoption of bylaw #1369 and the previous adoption of bylaw #1171 the 

remaining borrowing available for construction of the balance of the Spencer 

Interchange will be $12.25 million.

The interest cost for the temporary borrowing are a cost of construction chargeable to 

the project. Once the project is complete, the principal and interest payments required to 

retire the debt will be the sole responsibility of the properties within the Spencer Road 

Interchange Local Area Service and will be recovered through imposition of a parcel tax 

on those properties.. 

Options 

1. If the contract for the Leigh Road improvements is awarded, that Council give 

first, second and third readings for Bylaw No. 1369; OR 

2. If the contract for the Leigh Road improvements is not awarded, that Councii not 

proceed with Bylaw No. 1369:



Langford, B.C. 

V9B 2X8 

Administration and Finance 

Phone: (250)478-7882 

Fax: (250)478-7864 

STAFF REPORT TO COUNCIL 


File No.: 1010-20 

Subject: Installation of Closed Circuit Video Equipment at RCMP Detachment 

Background 

As a result of some incidents in police lockups in BC, the Province has mandated that 

closed circuit video equipment be installed in police buildings, including the West Shore 

detachment. The West Shore RCMP initiated a call for proposals to supply and install 

the required video systems. Attached is a letter from Staff Sergeant Willis, Detachment 

Commander recommending that BMS Integrated Services Inc. be awarded the contract. 

Commentary 

Following are the quoted amounts from suppliers whose bids met the specifications 

Supplier 

Bid Price fexcl. HST): 

BMS Integrated Services Inc. $103,775.68 

Stanley Security Solutions $150,000.00 

POSSCAN Systems $109,963.63 

S/Sgt Willis' recommendation is to accept the lowest qualified bid: 

The cost for the video equipment will be shared by the owners of the police building: City 

of Langford, City of Colwood and Town of View Royal. Staff has been advised that both 

Colwood and View Royal councils have approved awarding to the lowest bidder. 

The requirement to install video equipment is fairly recent and so this item was not 

included in the 2011-2015 Financial Plan. Therefore, a Financial Plan amendment will be 

required. Funds to pay Langford's share of the cost, estimated at $57,009, are available 

in the Police Building Capital Reserve.

Options 

That Council: 

1. (a) Award the contract to supply and install closed circuit video equipment at 

the police building to BMS Integrated Services inc. at a contract price of 

$103,775.00 (excluding HST) with the cost to be shared by the police 

building owners and Langford's share of the cost to be funded from the 

Police Building Capital Reserve, and 

(b) Direct the Treasurer to prepare an amendment to the 2011-2015 

Financial Plan to provide for this expenditure 

OR 

2. Not award the contract to supply and install closed circuit video equipment at 

the police building.

Royal Canadian 

Mounted Police 

Gendarmerie royale 

du Canada 

Security Classification/Designation 

Classification/designation securitaire 

Protected A 

Gin Qf 

Officer in Charge, 

West Shore RCMP 

698 Atkins Avenue 

Victoria, B.C. 

V9B 3A4 

Your File - Voire reference 

JUL I 7 21111 

O Bsfcfote&fcJrattr 

Our File - Notre referen 

O SSiyPtefBj&r 

City of Langford, 

City of Colwood, and 

Town of View Royal 

Date 

• CewWBfl 

O Cmdl April 

July 27, 2011 

Dear Mayor and Councilors: 

In response to BC Provincial requirements, the West Shore RCMP has initiated the Closed 

Circuit Video Equipment (CCVE) project which requires the installation and mandatory use of 

CCVE in police buildings where detained persons routinely interact with police personnel. 

Security Systems companies were contacted and given the opportunity to bid on this project. 

These companies were given the following specifications to meet our CCVE requirements: 

1. Location - The digital surveillance and recording system must cover the following locations. 

-Sally ports 

-Prisoner booking area 

-Hallways inside the cell block 

-Cells and holding rooms 

-Interview rooms (internal and external to cell block) 

-Finger print room 

-Breathalyzer Test Apparatus room 

-Interior locations used for unloading and the release of prisoners 

-Exterior locations used for unloading prisoners 

-The main entrance area 

2. Storage - The retention for the recordings must be 2 years. 

3. Audio - Audio recording in only the booking area and main entrance area. 

4. Resolution - A minimum resolution of VGA ( 640 x 480 ) 

5. Frame Rate - A minimum of 7.5 frames per second or fluid motion. 

6. Activation - The recording mode for all locations should be motion-start or continuous 24/7 

activation. 

7. Cameras - Camera domes may be used anywhere except the cells. Vandal proof domes must 

be used in the hard interview rooms and the detainee side of the telephone room. Box cameras 

behind a secure enclosure must be used in the cells. 

Canada 

RCMP GRC 2823 (2002-11) WPT 

Page 1 of/de 2 

P109

8. Computer Software - The recording system's software platform should be compatible with 

any media player and extracts should be able to be viewed without the procurement of 

proprietary and/or specialized software. 

Quotes - Please see attached documents. 

We have compiled a Comparative Matrix to assist you in assessing the bids. West Shore RCMP 

also enlisted the help of an independent expert in this field to aid in assessing each bid and 

develop our overall recommendation. 

Assessments 

BMS Integrated Services - BMS is providing excellent equipment at a very reasonable price. 

Panasonic cameras are high quality. Panasonic servers are high quality and they provide software 

with an excellent graphical user interface. BMS is a locally-owned, smaller company. They offer 

very reasonable rates for service calls and service plans. This quote meets our requirements. 

Stanley Security Solutions - Stanley is providing excellent equipment. Axis cameras are high 

quality. Pivot servers are high quality and they provide software with an excellent graphical user 

interface. Stanley is a bigger, more established company with more experience installing video 

systems in police buildings. They offer expensive rates for service calls and service plans. This 

quote meets our requirements. 

Posscan Systems - Posscan is providing a Hisco based system. Hisco is relatively new to North 

America and relatively unknown. Equipment costs are very high. Unsure of the quality of the 

product. Posscan has no service plan and offers reasonable to expensive service call costs, 

depending on time on-site. This quote meets our requirements. 

Paladin Security Systems - After 3 separate quotes, Paladin did not meet our requirements. 

Recommendation 

After careful thought and the advice from an independent expert, BMS Integrated 

Services is the recommended company to provide West Shore with our new CCVE system. BMS 

meets all of our requirements and they offer a high quality system for a reasonable price. We do 

not require a service plan at this time. Stanley Security Solutions would be our second choice. 

Yours truly, 

Sergeant D.F. (Danny) WILLIS 

Detachment Commander 

West Shore Detachment 

Canada 

RCMP GRC 2823 (2002-11) WPT 

Page2of/de 2 

P110


Planning, Zoning and Affordable 

Housing Committee 


Victoria, BC V9B 2X8 

e-mail: planning@cityoflangford.ca 

website: htto://citvotiansford. ca 

planning phone: (250) 474-6919 

planning fax: (250) 391-3436 

general fax: (250) 478-7864 

Report to Council 

Date: September 6 th , 2011 

File: 

2240- 20R- Revitalization Tax Exemption Program 

Subject: Waiving Property Taxes for affordable rental housing at 2683, 2687, 2691 

and 2695 Tanhill Place. 

PURPOSE 

The purpose of this report is to recommend the use of property tax exemption powers in the 

Community Charter to stimulate affordable rental housing in Langford, and revitalize the City 

Centre. 

BACKGROUND 

At the Regular Meeting of Council on March 16 th , 2009, Council passed the following resolution 

with respect to authorizing a tax holiday request for affordable rental housing at 2683, 2687, 

2691 and 2695 Tanhill Place: 

That Council: 

1. Set the following general parameters for Council's consideration prior to entering into 

any agreement on tax relief in return for new construction of a market rental residential 

property: 

a. The housing must be constructed by building permit issued in 2009, and must be 

at framing within 6 months of building permit being issued; 

b. The rental housing must be in the form of multi-family apartment housing, with a 

minimum density of 1.0 Floor Space Ratio (FSR) and a minimum number of units 

per building of 10; 

c. The units must be rented to members of the general public; 

d. A Housing Agreement (a form of Section 219 Covenant) is to be registered to 

title, in priority over all other charges, securing the tenure of all units in the 

building to rental for a period of not less than ten (10) years, dated from the 

registration of the Housing Agreement on title. 

e. The tax exemption will apply to buildings only; 

2. Provide 10 year tax relief on the subject properties (2683, 2687, 2691 and 2695 Tanhill 

Place), subject to: 

a. A Housing Agreement registered to title, in prion'ty over all other charges, which 

specifies the following requirements: 

i. The housing is constructed by building permit issued in 2009, and must 

be at framing within 6 months of building permit being issued; 

ii. The rental housing will be in the form of multi-family apartment housing, 

with a minimum density of 1.0 Floor Space Ratio (FSR) and a minimum 

number of units per building of 10; 

P:\Planning\REPORTSW011\Report 

to Councii re Property Tax Exemption for Tanhill Rental Housing Projectdocx


September^, 2011 

Iii. 


The units will be rented to members of the general public for a period of 

not less than ten (10) years. 

COMMENTS 

The Community Charter contains new provisions permitting Council to exempt from the 

municipal portion of local property taxes development within designated revitalization areas. The 

process must be carried out as follows in accordance with the Community Charter 

1. Establish a tax exemption revitalization program bylaw that defines reasons for and 

objectives of the program and the types of projects considered for an exemption; 

2. Enter into an exemption agreement with the property owner; and 

3. Provide an exemption certificate for the property. 

Council may wish to note that the value of tax exemptions must be disclosed to the public 

before the exemption is given, and each year in the municipality's annual report. 

Exemptions may apply to the value of land or improvements, or both. Councils are free to 

specify within their revitalization programs amounts and extent of tax exemptions available. With 

respect to the Tanhill project, Council decided to apply a tax exemption to the building only and 

for a maximum of 10 years. All ordinarily applicable charges including development cost 

charges and building permit fees, and off-site works requirements, still apply. 

In 2009, Staff estimated that the average cost per unit of tax relief will be approximately $218 for 

buildings only or a net present value of $2,069 (for buildings only) per unit over the period of the 

10 year tax exemption for the Tanhill development, based upon the assumption that taxes rise 

at one-half the rate of inflation. In the case of the 43 residential rental units in the Tanhill 

development, the total amount of tax relief over a 10 year period would approximately $88,967. 

Eligibility measures for a tax exemption for market rental residential housing was approved by 

Council and outlined above in item (1) under Council's resolution. Eligible projects could be 

strata titled, provided that each unit is subject to a housing agreement registered on title as 

stipulated above in item (2) under Council's resolution. The housing agreement also secures 

the tenure and term such that the units must be rented to members of the general public for a 

period of not less than ten (10) years. 

The draft tax exemption revitalization program bylaw containing the exemption agreement and 

certificate is attached to this report as Appendix A. Council may wish to consider giving 1 st , T 

and 3 rd - readings to Bylaw No. 1346 authorizing the tax exemption revitalization program for 

rental housing. 

To fulfill the requirement outlined in item (2) above under Council's resolution, Council may wish 

to consider amending Bylaw No. 1324, a bylaw adopted by Council on 21 March 2011 

authorizing a housing agreement to allow for a reduction of Development Cost Charges for the 

development. The amendment entails adding the specifications of a property tax exemption.to 

the housing agreement authorized by Coucil. The City's solicitor suggested modifying the 

current housing agreement registered to title to include the requirements of a property tax 

exemption by amending Bylaw No. 1324 rather than drafting a separate bylaw and housing 

P:\Planning\REPQRTS\2011\Report 

to Council re Property Tax Exemption for Tanhill Rental Housing Pro\ect.d,ocx


September^, 2011 


agreement. Council may wish to consider giving 1 st , 2 n d and 3 rd readings to Bylaw No. 1371, 

which amends Bylaw No. 1324. 

OPTIONS 

That Council: 

1) Give 1 st , 2 nd and 3 rd readings to Bylaw No. 1346, as drafted, to authorize the tax exemption 

revitalization program for the 43 unit rental housing project constructed at 2683, 2687, 2691 

and 2695 Tanhill Place; 

2) Give 1 st , 2 nd and 3 rd readings to Bylaw No. 1371; 

3) Authorize the Mayor and the City's Corporate Officer to sign the Revitalization Tax 

Exemption Agreement and Exemption Certificate. 

OR 

4) Take no action at this time with respect to Bylaw No. 1324 and 1346. 

Mike Leskiw 

Parks Manager 

Bob Beckett 

Fire Chief 

Michelle Mahovlich, P. Geo. 

Deputy Manager, Engineering 

:lb 

P:]Pl8nning\REPORTS\2011)Reportto 

Council re Property Tax Exemption for Tanhill Rental Housing Projectdocx


w ww. cityo fla ngford. ca 

Staff Report 

to 

Date: 

File No.: 

Subject: 

Council 

September 6 tn , 2011 

Bylaw No. 1340; 3320-19-09-40 

Road Closure Bylaw 1340,2011; 3008 Amy Road 

Background 

The developer at 3008 Amy Road, Limona Construction Ltd., has applied to amend the Official 

Community Plan designation of an undeveloped property at 3008 Amy Road from "Neighbourhood" to 

"Mixed-Use Employment Centre" and to rezone the property from GB1 {Greenbelt 1) and RH1 

(Manufactured Home Park) to CD16 (a new Comprehensive Development Zone). Through this rezoning, 

Council directed staff to negotiate a Road Closure and Purchase and Sale Agreement with Limona, and 

prepare a Road Closure Bylaw for Council's consideration. 

Commentary 

Staff has written the Road Closure Bylaw 1340 and negotiated the Land Exchange Agreement with 

Limona. Bylaw 1340 and the land Exchange Agreement are attached as Bylaw 1340 and Schedule 1 

respectively. The Agreement lays out the conditions for the exchange of the closed portion of Vista 

Dawn Place forthe proposed Lot 2 of 3008 Amy Road. 

Financial Implications 

The developer will bear all costs for closing the road. 

Options 

That Council: 

1. Sign the Land Exchange Agreement as presented; 

AND 

2. Sign the Lease Agreement; 

AND 

3. Give first, second and third reading to Bylaw No. 1340 as presented; 

OR 


T • 250-478-7882 F • 250-391-3437 

P114

Subdivision and Development Servicing Bylaw, Amendment #3 

Page 2 

4. Take no further action with respect to Subdivision and Development Servicing Bylaw No. 1000 at 

this time; 

Respectively submitted,


ROAD CLOSURE BYLAW NO. 1340, 2011 

Road Closure Bylaw 

WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by 

bylaw, close a portion of a highway to traffic and remove the dedication of the 

highway, if prior to adopting the bylaw, Council publishes notices of its intention in a 

newspaper and provides an opportunity for persons who consider they are affected 

by the bylaw to make representations to Council; 

AND WHEREAS the Councii of the City of Langford deems it expedient to close to 

traffic and remove the dedication of highway of a portion of highway comprised of 

approximately 107.8 square metres known as Vista Dawn Place dedicated as 

highway by Plan 27882 that is shown outlined in bold black on the reference plan 

prepared by Jason Kozina, B.C.L.S., on the 8th day of March, 2011, a reduced copy 

of which is attached hereto as Schedule "A" (the "Road Closure Plan"), provided the 

closed road is consolidated with the adjacent property owned by Limona 

Construction Ltd. legally described as PID 028-531-612, Lot 1 Section 1 Goldstream 

District Plan VIP88754 (the "Adjacent Parcel"); 

AND WHEREAS Limona Construction Ltd. will, in exchange for the closed road, 

transfer to the City the land described as Lot 2 on the Proposed Subdivision Plan 

prepared by Island Land Surveying Ltd on the 8th day of March, 2011, a reduced 

copy of which is attached hereto as Schedule "B" (the "New Lof) and the New Lot 

will be leased by the City to Limona for a term of five years; 

AND WHEREAS notices of Council's intention to close that portion of Vista Dawn 

Place to traffic and to remove its dedication as highway and dispose of the closed 

road and lease the New Lot were published in a newspaper and posted in the public 

notice posting place, and Council has provided an opportunity for persons who 

consider they are affected by the closure and disposition to make representations to 

Council; 

AND WHEREAS Council does not consider that the closure of the closed road will 

affect the transmission or distribution facilities or works of utility operators; 

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, 

enacts as follows: 

1. The City hereby authorizes the closure to traffic and removal of highway 

dedication of the 107.8 square metre portion of highway (which was 

dedicated as highway at the Victoria Land Title Office by Plan 27882) in bold 

black and labelled "Part Section 2 Closed Road" on the Road Closure Plan 

(the "Closed Road"). 

2. On deposit of the Road Closure Plan and all other documentation for the 

closure of the Closed Road in the Victoria Land Title Office, the Closed Road 

http://sharepoint/sites/EngReports/Report/550-20 COUNCIU2011/6Sepll/Bylaw 1340 - Vista Dawn Place (Amy Road) Road 

Closurcdocx

Road Closure Bylaw 1267, 2010 


is closed to public traffic, it shall cease to be public highway, and its 

dedication as a highway is cancelled. 

3. The City of Langford is hereby authorized to dispose of and convey the 

Closed Road in fee simple to Limona Construction Ltd. on the condition that 

the Closed Road is consolidated with the Adjacent Parcel and in exchange for 

fee simple title to the New Lot, and the City of Langford is further authorized 

to lease the New Lotto Limona Construction Ltd. 

4. The Mayor and the Administrator of the City are authorized to execute all 

deeds of land, plans and other documentation necessary to effect this road 

closure, land exchange and lease. 

5. This Bylaw may be cited as "Vista Dawn Place (Amy Road) Road Closure 

BylawNo. 1340", 2011. 

READ A FIRST TIME this day of , 2011. 

READ A SECOND TIME this day of , 2011. 

READ A THIRD TIME this day of , 2011. 

APPROVED BY THE MINISTER OF TRANSPORTATION, this day of 

, 2011 (Approval No. ) 

ADOPTED this day of , 2011. 

Mayor 

Corporate Officer

SCHEDULE "A" - Road Closure Plan 

REFERENCE PLAN TO ACCOMPANY THE CITY OF LANGFORD 

ROAD CLOSURE BYLAW No. OF PART OF VISTA DAWN PLACE. 

SECTION 2. GOLDSTREAM DISTRICT. PLAN 27882. 

PURSUANT TO SECTION 120 OF THE LAND TITLE ACT 

AND SECTION 40 OF THE COMMUNITY CHARTER. 

PLAN VIP 

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SCHEDULE "B" - Subdivision Plan 

Road Closure Bylaw 1267,2010 

Page 4 of 4

"SCHEDULE l 1 

LAND EXCHANGE AGREEMENT 

THIS AGREEMENT dated for reference August 12, 2011 is 

BETWEEN: 

CITY OF LANGFORD, 2 nd 

BC V9B 2X8 

Floor, 877 Goldstream Avenue, Langford, 

(the "City") 

AND: 

LIMONA CONSTRUCTION LTD. (Inc. No. BC604357), 1626 Garnet 

Road, Victoria, BC V8P 3C8 

("Limona") 

GIVEN THAT the City and Limona wish to enter into an agreement forthe exchange of lands and 

a lease in respect of Lot 2, THIS AGREEMENT is evidence that in consideration of the promises 

exchanged below and other good and valuable consideration paid by each party to the other 

(the receipt and sufficiency of which the parties each acknowledge), the City and Limona agree 

as follows: 

1.0 DEFINITIONS 

1.1 Definitions ~ In this agreement: 

(a) 

(b) 

(c) 

(d) 

"Business Day" means a day other than a Saturday, Sunday or statutory holiday 

in British Columbia. 

"Closed Road" means the portion of the road known as Vista Dawn Place, having 

an area of approximately 107.8 m 2 , shown as "Part Section 2 Closed Road" on 

the Road Closure Plan. 

"Closed Road Permitted Encumbrances" means the reservations and exceptions 

provided in section 50 of the Land Act (British Columbia) and section 35 of the 

Community Charter (British Columbia) and any charges and encumbrances to be 

registered pursuant to the Extension Agreements. 

"Closed Road Transfer" means a transfer or transfers in registrable form 

transferring the estate in fee simple of the Closed Road to Limona.

(e) 

(f) 

(g) 

(h) 

"Completion" means completion of the exchange of the Closed Road and Lot 2 in 

accordance with section 3.4. 

"Completion Date" means the date 14 days after the date that all of the 

conditions precedent under Article 6 have been satisfied or, where applicable, 

waived. 

"Consolidation Plan" means a plan or plans registrable in the LTO that will, upon 

deposit in the LTO, consolidate the Closed Road with the Lot 1 Remainder. 

"Contaminants" means 

(i) 

(ii) 

(iii) 

as defined in the Environmental Management Act (British Columbia), any 

biomedical waste, contamination, contaminant, effluent, pollution, 

recyclable material, refuse, hazardous waste or waste; 

matter of any kind which is or may be harmful to human safety or health 

or to the environment; or 

matter of any kind the storage, manufacture, disposal, emission, 

discharge, treatment, generation, use, transport, release, remediation, 

mitigation or removal of which is now or is at any time required, 

prohibited, controlled, regulated or licensed under any Environmental 

Laws. 

(i) 

(j) 

(k) 

"City's Solicitors" means Young, Anderson. 

"Environmental Laws" means any past, present or future, common law or 

principle, enactment, statute, regulation, order, bylaw or permit, and any 

requirement, standard or guideline of any federal, provincial or local government 

authority or agency having jurisdiction, relating to the environment, 

environmental protection, pollution or public or occupational safety or health. 

"Extension Agreements" means any agreements that are necessary to extend 

any charges or encumbrances registered against title to the Lot 1 Remainder 

over the Closed Road in order to enable registration of the Consolidation Plan. 

(I) "Limona's Solicitors" means . 

(m) "Lot 1" means the land legally described as PID: 028-531-612, Lot 1 Section 1 

Goldstream District Plan VIP88754. 

(n) 

"Lot 1 Remainder" means the remainder of Lot 1 immediately following deposit 

of the Subdivision Plan in the LTO. 

P121

(o) 

(p) 

(q) 

"Lot 2" means the land, having an approximate area of 0.34 hectares, shown as 

lot 2 on the Proposed Subdivision Plan, a reduced copy of which is attached as 

Schedule "A". 

"Lot 2 Lease" means a lease of Lot 2 in the form attached as Schedule "B". 

"Lot 2 Permitted Encumbrances" means: 

(i) 

the reservations and exceptions provided in section 50 of the Land Act 

(British Columbia); 

(ii) Right of Way 411545G; 

(iii) 

Miscellaneous Notes: DD F55669,1000 RW and 606 RW. 

(r) 

(s) 

(t) 

(u) 

(v) 

(w) 

(x) 

"Lot 2 Transfer" means a transfer or transfers executed by Limona and in 

registrable form transferring the estate in fee simple of Lot 2 to the City. 

"LTO" means the Victoria Land Title Office. 

"Notice of Interest" means a notice of interest as defined in the Builders Lien Act 

(British Columbia) in respect of Lot 2. 

"Road Closure Bylaw" means a City bylaw or bylaws that will, upon filing in the 

LTO, close the Closed Road and cancel the dedication of the Closed Road as 

highway. 

"Road Closure Plan" means the reference plan or plans that will upon 

registration in the LTO register indefeasible title or titles to the Closed Road in 

the name of the City in accordance with section 120 of the Land Title Act (British 

Columbia), a reduced copy of which is attached as Schedule "C". 

"Subdivision Plan" means a subdivision plan or plans, registrable in the LTO, that 

will upon deposit in the LTO create Lot 2 as a separate parcel. 

"Utility SRWs" means any statutory right of way under section 218 of the Land 

Title Act to be granted and registered in favour of the City or any utility operators 

with respect to utilities presently on, under or above any portion of the Closed 

Road. 

LAND EXCHANGE 

Land Exchange - Limona will purchase and the City will sell the Closed Road, free and 

clear of all liens, charges, encumbrances and legal notations except for the Closed Road 

Permitted Encumbrances and, in exchange therefor, Limona will sell, and the City will 

purchase, Lot 2, free and clear of ail liens, charges, encumbrances and legal notations

except for the Lot 2 Permitted Encumbrances, all on the terms and conditions of this 

agreement. 

3.0 TRANSFER 

3.1 Title and Possession - On the Completion Date, the City will: 

(a) 

(b) 

convey the estate in fee simple of the Closed Road to Limona free and clear of all 

liens, charges, encumbrances and legal notations except for the Closed Road 

Permitted Encumbrances; and 

give vacant possession of the Closed Road to Limona, subject only to the Closed 

Road Permitted Encumbrances. 

On the Completion Date, Limona will: 

(c) 

(d) 

convey the estate in fee simple of Lot 2 to the City free and clear of all liens, 

charges, encumbrances and legal notations except for the Lot 2 Permitted 

Encumbrances; and 

give vacant possession of Lot 2 to the City, subject only to the Lot 2 Permitted 

Encumbrances. 

3.2 Adjustments - No adjustments will be payable by either party. 

3.3 Closing Documents - 

(a) 

No later than 5 days before the Completion Date, Limona will cause Limona's 

Solicitors to deliver to the City's Solicitors: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

the Closed Road Transfer, to be approved and executed by the City, along 

with associated Property Transfer Tax return and cheque; 

2 copies of the City's Statement of Adjustments, to be approved and 

executed by the City; 

a copy of Limona's Statement of Adjustments, executed by Limona; 

a statutory declaration of a senior officer of Limona certifying that 

Limona is resident in Canada within the meaning of the Income Tax Act 

(Canada) and that the officer has made reasonable and prudent inquiries 

to determine the accuracy of the matters certified; 

the HST certificate in the form attached as Schedule "D" to this 

agreement regarding the sale of the Closed Road to Limona with Limona 

P123

as "purchaser" and the City as "vendor" under that document, executed 

by Limona; 

(vi) 

(vii) 

(viii) 

(ix) 

(x) 

(xi) 

(xii) 

the HST certificate in the form attached as Schedule "D" to this 

agreement, regarding the sale of Lot 2 to the City with the City as 

"purchaser" and Limona as "vendor" under that document, to be 

approved and executed by the City; 

the Lot 2 Transfer (with the City's solicitors to prepare a Property 

Transfer Tax exemption application in connection with the transfer of Lot 

2); 

the Subdivision Plan, fully executed; 

the Consolidation Plan, fully executed; 

the Extension Agreements (if any), fully executed; 

the Utility SRWs (if any) with associated plans, fully executed; and 

such further deeds, acts, things, certificates and assurances as may be 

required in the reasonable opinion of Limona's Solicitor or the City's 

Solicitor for more perfectly and absolutely completing the transactions 

contemplated by this agreement in accordance with the terms and 

conditions of this agreement. 

(b) 

On or before the Completion Date, the City will cause the City's Solicitors to 

deliver to Limona's Solicitors an executed copy of the City's Statement of 

Adjustments (if approved), and the HST certificate referred to in section 

3.3(a)(vi). 

Completion - On or before the Completion Date, forthwith and after receipt of the 

documents referred to in section 3.3(a) from Limona's Solicitors, the City will cause the 

City's Solicitors to file: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the Subdivision Plan, with application form 

the Lot 2 Transfer with associated Property Transfer Tax return (exempt); 

the Notice of Interest; 

the certified copy of the Road Closure Bylaw; 

the Road Closure Plan, with application form; 

Form 17 to raise title to the Closed Road;

(g) 

(h) 

(i) 

(j) 

Form 17 to cancel the Province's right of resumption in the Closed Road, 

the Closed Road Transfer, with associated Property Transfer Tax return and 

cheque; 

the Consolidation Plan, with application; and 

the Extension Agreements (if any) 

(collectively, the "Registrable Closing Documents") in that order and as an all or nothing 

concurrent application in the LTO. The parties agree that all requirements of this 

section are concurrent requirements and that nothing will be Completed on the 

Completion Date until everything required to be done by this section is done. 

3.5 Risk - The Closed Road is at the City's risk until Completion and at Limona's risk 

thereafter. Lot 2 is at Limona's risk until Completion and at the City's risk thereafter. 

3.6 City Access - The City, its agents, contractors and employees have a licence, exercisable 

on 24 hours prior written notice to Limona, to enter upon Lot 2 from time to time prior 

to the Completion Date, at the City's sole risk and expense, for the purpose of making 

inspections, surveys, tests and studies of Lot 2. The City agrees to: 

(a) 

(b) 

release and indemnify, and hold harmless, Limona from and against any and all 

actions, causes of actions, liability, demands, losses, costs and expenses 

(including legal fees and disbursements) which Limona may suffer, incur, be 

subject to or liable for, arising out of or in any way related to or in connection 

with the exercise by the City of its rights under this section; and 

leave Lot 2 in the same condition as that in which the City found such land, 

including by removing any equipment, refuse or other matter brought onto such 

land by the City or its employees, agents or contractors. 

3.7 Limona Access - Limona, its agents, contractors and employees have a licence, 

exercisable on 24 hours prior written notice to the City, to enter upon the Closed Road 

at times deemed appropriate by the City given the present use of the Closed Road prior 

to the Completion Date, at Limona's sole risk and expense, for the purpose of making 

inspections, surveys, tests and studies of the Closed Road. Limona. agrees to: 

(a) 

release and indemnify, and hold harmless, the City from and against any and all 

actions, causes of actions, liability, demands, losses, costs and expenses 

(including legal fees and disbursements) which the City may suffer, incur, be 

subject to or liable for, arising out of or in any way related to or in connection 

with the exercise by Limona of its rights under this section; and 

P125

(b) 

leave the Closed Road in the same condition as that in which Limona found the 

Closed Road, including by removing any equipment, refuse or other matter 

brought onto the City Road by Limona or its employees, agents or contractors. 

LIMONA REPRESENTATIONS, WARRANTIES, COVENANTS AND ACKNOWLEDGMENTS 

Limona's Representations, Warranties and Covenants - Limona represents and 

warrants to the City that the following is true on the date Limona executes this 

agreement and will be true on Completion: 

(a) 

(b) 

(c) 

(d) 

(e) 

Limona has taken all necessary or desirable actions, steps and other proceedings 

to approve and authorize, validly and effectively, the entering into, and the 

execution, delivery and performance of this agreement; 

Limona is registered under the Excise Tax Act (Canada) for the purposes of HST 

and Limona's registration number is ; 

Limona is a resident of Canada within the meaning of the Income Tax Act 

(Canada); 

Limona is in good standing with the Registrar of Companies for British Columbia 

and has made all necessary filings with that registrar as required by the Business 

Corporations Act (British Columbia); 

Limona is duly incorporated and validly existing under the laws of British 

Columbia and has the power and capacity to enter into and carry out the 

transaction provided for in this agreement; 

(f) Limona has good and marketable legal and beneficial title to Lot 2; 

(g) 

(h) 

(i) 

there is no action, suit, claim, litigation or proceeding pending or to Limona's 

knowledge threatened against Limona or in respect of Lot 2 or the use or 

occupancy of Lot 2 before any court, arbitrator, arbitration panel or 

administrative tribunal or agency that, if decided adversely to Limona, might 

affect Limona's ability to perform any of its obligations under this agreement; 

neither Limona entering into this agreement nor the performance by Limona of 

the terms hereof will result in the breach of or constitute a default under any 

term or provision of any instrument, mortgage, deed of trust, lease, document or 

agreement to which Limona is bound or subject; 

Limona is the sole occupant of Lot 2 and, on the Completion Date, there will be 

no tenants occupying Lot 2; and

(j) 

there are no debts due or owing for any work, labour, service or materials 

provided to or performed on Lot 2 under which a lien or charge has arisen or 

could arise under the Builders Lien Act (British Columbia). 

Acknowledgments and Agreements of Limona - Limona acknowledges and agrees that, 

except as expressly set out elsewhere in this agreement: 

(a) 

(b) 

the City sells and Limona purchases the Closed Road on an "as is" basis and 

condition; 

the City has not made any representations, warranties or agreements as to the 

condition or quality of the Closed Road, including as to: 

(i) 

(ii) 

(iii) 

the subsurface nature or condition of the Closed Road (including soil 

type, hydrology and geotechnical quality or stability); 

the environmental condition of the Closed Road (including regarding 

Contaminants in, on, under or migrating to or from the Closed Road) or 

regarding the compliance of the Closed Road, or past or present activities 

on it, with any Environment Laws; or 

the suitability of the Closed Road for Limona's intended use for, or 

development of, the Closed Road; 

(c) 

it is the sole responsibility of Limona to satisfy itself with respect to: 

(i) 

(ii) 

the environmental condition of the Closed Road (including regarding 

Contaminants in, on or under or migrating to or from the Closed Road); 

and 

regarding the compliance of the Closed Road or past or present activities 

on it, with any Environmental Laws, including by conducting any reports, 

tests, investigations, studies, audits and other enquiries that Limona, in 

its sole discretion, considers prudent; 

(d) 

(e) 

it is the sole risk and responsibility of Limona to determine the area of the Closed 

Road; and 

the City has not made any representations, warranties or agreements with 

Limona as to whether or not any HST is payable by Limona in respect of the sale 

of the Closed Road to Limona. 

Site Profile - Limona hereby waives delivery by the City to Limona of a site profile (as 

defined in the Environmental Management Act (British Columbia)).

5.0 CITY REPRESENTATIONS, WARRANTIES, COVENANTS AND ACKNOWLEDGMENTS 

5.1 City's Representations, Warranties and Covenants - The City represents and warrants 

to Limona that the following is true on the date the City executes this agreement and 

wili be true on Completion: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the City has taken all necessary or desirable actions, steps and other proceedings 

to approve or authorize/ validly and effectively, the entering into, and the 

execution, delivery and performance of this agreement; 

the City is registered under the Excise Tax Act (Canada) for the purposes of HST 

and the City's registration number is 13004 3177 RT0001; 

the City has the legal capacity, power and authority to perform all of the City's 

obligations under this agreement; 

there is no action, suit, claim, litigation or proceeding pending or to the City's 

knowledge threatened against the City or in respect of the Closed Road or the 

use or occupancy of the Closed Road before any court, arbitrator, arbitration 

panel or administrative tribunal or agency that, if decided adversely to the City, 

might affect the City's ability to perform any of the City's obligations under this 

agreement; 

neither the City entering into this agreement nor the performance by the City of 

the terms hereof will result in the breach of or constitute a default under any 

term or provision of any instrument, mortgage, deed of trust, lease, document or 

agreement to which the City is bound or subject; 

there are no tenants occupying the Closed Road; and 

there are no debts due or owing for any work, labour, service or materials 

provided to or performed on the Closed Road under which a lien or charge has 

arisen or could arise under the Builders Lien Act (British Columbia). 

5.2 Agreement to Lease - After Completion, the City will lease Lot 2 to Limona on the terms 

set out in the Lot 2 Lease. 

5.3 Acknowledgments and Agreements of City - The City acknowledges and agrees that, 

except as expressly set out elsewhere in this agreement: 

(a) 

(b) 

Limona transfers and the City acquires Lot 2 on an "as is" basis and condition; 

Limona has not made any representations, warranties or agreements as to the 

condition or quality of Lot 2, including as to: 

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(i) 

(ii) 

the subsurface nature or conditions of Lot 2 (including soil type, 

hydrology and geotechnical quality or stability); or 

the environmental condition of Lot 2 (including regarding Contaminants 

in, on, under or migrating to or from Lot 2) or regarding the compliance 

of Lot 2, or past or present activities on it, with any Environment Laws; 

(c) 

it is the sole responsibility of the City to satisfy itself with respect to: 

(i) 

(ii) 

the environmental condition of Lot 2 (including regarding Contaminants 

in, on or under or migrating to or from Lot 2); and 

regarding the compliance of Lot 2 or past or present activities on it, with 

any Environmental Laws, including by conducting any reports, tests, 

investigations, studies, audits and other enquiries that the City, in its sole 

discretion, considers prudent; and 

(d) 

Limona has not made any representations, warranties or agreements with 

Limona as to whether or not any HST is payable by the City in respect of the sale 

of Lot 2 to the City. 

5.4 Site Profile - The City hereby waives delivery by Limona to the City of a site profile (as 

defined in the Environmental Management Act (British Columbia)) with respect to Lot 2. 

6.0 CONDITIONS PRECEDENT 

6.1 Mutual Conditions Precedent - The transactions contemplated by this agreement are 

conditional upon the fulfillment of the following conditions, which are forthe benefit of 

both parties and may not be waived: 

(a) 

(b) 

on or before September 20, 2011, the Council of the City will have adopted the 

Road Closure Bylaw, and, if required under the Community Charter, the Road 

Closure Bylaw will have received the approval of the minister responsible for the 

Transportation Act (British Columbia); and 

on or before September 20, 2011, the Subdivision Plan will have received the 

approval of the approving officer for the City. 

If these conditions precedent are not satisfied within the time provided herein, this 

agreement shall automatically terminate. 

6.2 Limona's Conditions Precedent - Limona's obligation to complete the transaction 

contemplated by this agreement is subject to the satisfaction of the following condition 

precedent, which is for the sole benefit of Limona and may be waived by Limona at its 

sole discretion: 

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(a) 

on or before September 20, 2011, Limona will be satisfied with the results of its 

due diligence investigations into the condition (including environmental 

condition) of the Closed Road. 

In consideration of $1.00 non-refundable paid by Limona to the City and other good and 

valuable consideration, the receipt and sufficiency of which are acknowledged by the 

City, the City agrees not to revoke its acceptance of this agreement while it remains 

subject to the conditions precedent under this section. If Limona does not give the City 

notice of its satisfaction or waiver of any of this condition precedent within the time 

provided herein, this agreement will automatically terminate. 

6.3 City's Conditions Precedent - The City's obligation to complete the transaction 

contemplated by this agreement is subject to the satisfaction of the following condition 

precedent, which is for sole the benefit of the City and may be waived by the City at its 

sole discretion: 

(a) 

(b) 

on or before September 20, 2011, the City will be satisfied with the results of its 

due diligence investigations into the condition (including environmental 

condition) of Lot 2; and 

on or before September 20, 2011, the City will be satisfied with the 

Consolidation Plan and the Subdivision Plan. 

In consideration of $1-00 non-refundable paid by the City to Limona and other good and 

valuable consideration, the receipt and sufficiency of which are acknowledged by 

Limona, Limona agrees not to revoke its acceptance of this agreement while it remains 

subject to the conditions precedent under this section. If the City does not give Limona 

notice of its satisfaction or waiver of these conditions precedent within the time 

provided herein, this agreement will automatically terminate. 

7.0 MISCELLANEOUS 

7.1 Fees and taxes - Limona must pay, at the time of Completion: 

(a) 

(b) 

(c) 

any property transfer tax payable under the Property Transfer Tax Act (British 

Columbia) in connection with the sale of the Closed Road to Limona or the sale 

of Lot 2 to the City; 

LTO registration fees, plus HST, in connection with the registration of all 

Registrable Closing Documents; and 

any HST payable under the Excise Tax Act (Canada) in respect of the sale of the 

Closed Road to Limona. "** 

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Limona will also be responsible for its own legal fees and disbursements. The City is 

responsible for paying its own legal fees and disbursements and must pay, as and when 

due and payable, any HST payable in respect of the sale to it of Lot 2. 

7.2 Preparation of Documents and Clearing Title - Limona must, at its expense, prepare all 

necessary conveyancing documentation and clear title to Lot 2, including by arranging 

for execution of the Subdivision Plan by the holders of any liens, charges, encumbrances 

and legal notations registered against title to Lot 2. 

7.3 Road Closure and Consolidation - Limona will be responsible, at its own expense, for 

the preparation of, and for arranging for the execution of, the Road Closure Plan, the 

Consolidation Plan, the Subdivision Plan and the Extension Agreements. 

7.4 Utility SRWs - Limona must, at its expense, prepare and arrange for the execution of the 

Utility SRWs and related survey plans, in such form as may be required by the City so as 

to ensure compliance by the City with its obligations under section 41(4)- of the 

Community Charter to accommodate utility operators affected by the closure of the 

Closed Road. Limona must cause the Utility SRWs to be registered in the LTO forthwith 

upon demand by the City in priority to all financial liens, charges, encumbrances and 

legal notations. 

7.5 Currency - All dollar amounts referred to in this agreement are Canadian dollars. 

7.6 Further Assurances - Each of the parties must at all times execute and deliver at the 

request of the other all such further documents, deeds and instruments, and do and 

perform such other acts as may be reasonably necessary to give full effect to the intent 

and meaning of this agreement. 

7.7 Notice - Any notice, direction, demand, approval, certificate or waiver (any of which 

constitutes a "Notice" under this section) which may be or is required to be given under 

this agreement must be in writing and be delivered or sent by fax: 

to the City: 

2 nd Floor, 877 Goldstream Avenue, Langford, BC V9B 2X8 

Fax Number: (250) 391-3434 

Attention: James Oliver 

With a copy to: 

Young, Anderson 

Barristers & Solicitors 

1616-808 Nelson Street 

Vancouver, British Columbia V6Z2H2 

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Fax Number: (604) 689-3444 

Attention: Bryan Jung 

to Limona: 

Fax Number: (250) 391-3434 

Attention: 

with a copy to Limona's Solicitors: 

Fax Number: (250) 

Attention: _ _ 

or to such other address or fax number of which notice has been given as provided in 

this section. 

Any Notice that is delivered is to be considered given on the day it is delivered and any 

Notice that is sent by fax is to be considered given on the day it is sent except that if, in 

either case, that day is not a Business day, it is to be considered given on the next 

Business day after it is sent. 

No Effect on Powers -This agreement does not, and nothing herein shall: 

(a) 

(b) 

(c) 

affect or limit the discretion, rights, duties or powers of the City or the approving 

officer for the City under the common law or any statute, bylaw or other 

enactment; 

affect or limit the common law or any statute, bylaw or other enactment 

applying to Lot 2 or the Closed Road; or 

relieve Limona from complying with any common law or any statute, regulation, 

bylaw or other enactment. 

Without limiting the foregoing, Limona acknowledges and agrees that where fulfillment 

of some of the conditions precedent under Article 6 requires that the Council of the City 

adopt bylaws or pass resolutions, the adoption of such bylaws and passage of such 

resolutions is within the absolute and unfettered discretion of City Council and the 

provisions of this agreement will not in anyway obligate the Council to adopt such 

bylaws or pass such resolutions.

7.9 Time of Essence - Time is of the essence of this agreement and the transactions for 

which it provides. 

7.10 Tender - Any tender of documents or money may be made upon the parties at their 

respective addresses set out in this agreement or upon their respective solicitors. 

7.11 No Other Agreements - This agreement is the entire agreement between the parties 

regarding its subject and it terminates and supersedes all representations, warranties, 

promises and agreements regarding its subject. 

7.12 Assignment - Neither party may assign all or any part of this agreement, or the benefit 

hereof, without the prior written consent of the other party. 

7.13 Benefit - This agreement enures to the benefit of and is binding upon the parties and 

their respective heirs, executors, administrators, successors and assigns. 

7.14 Schedules - The following are Schedules to this agreement and form an integral part of 

this agreement: 

Schedule A - Proposed Subdivision Plan of Lot 1 

Schedule B - Lot 2 Lease 

Schedule C - Road Closure Plan 

Schedule D - Form of HST Certificates 

7.15 Modification - This agreement may not be changed except by an instrument in writing 

signed by the parties or by their successors or assigns, but the parties agree that the 

Completion Date may be changed by their agreement through their respective solicitors 

upon instructions to their solicitors as evidenced promptly thereafter in writing by their 

solicitors. 

7.16 Interpretation - Wherever the singular is used or neuter is used in this agreement, it 

includes the plural, the feminine, the masculine or body corporate where the context or 

the parties so require. 

7.17 Governing Law-This agreement will be governed by and construed in accordance with 

the laws of British Columbia. 

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7.18 Non-Merger - None of the provisions of this.agreement will merge in the land transfers 

hereunder or any other documents delivered on the Completion Date and the 

provisions of this agreement will survive Completion. 

As evidence of their agreement to be bound by the above terms and conditions, Limona and 

the City have executed this agreement on the dates written below. 

LIMONA CONSTRUCTION LTD. (INC. NO. 

604357) by its authorized signatories: 

Name: 

Name: 

Date: 

CITY OF LANGFORD by its authorized 

signatories: 

Mayor: 

Clerk: 

Date:

Schedule "A" to Land Exchange Agreement 

PROPOSED SUBDIVISION PLAN OF LOT 1

Schedule "B" to Land Exchange Agreement 

LOT 2 LEASE 

fNTD: Land Title ^rf Form C to be attached.] 

GROUND LEASE 

THIS LEASE dated for reference April 7,2011 is 

BETWEEN: 


2 nd Floor - 877 Goldstream Avenue 

Victoria, B.C. V9B2X8 

(the "Landlord") 

AND: 

LIMONA CONSTRUCTION LTD.. Inc. No. BC06043S7 

1626 Garnet Road 

Victoria, B.C. V8P3C8 

(the "Tenant") 

WHEREAS: 

A. The Landlord is the registered owner in fee simple of the Lands; 

B. As of the Commencement Date, there are no improvements on the Lands. 

C 

The Tenant wishes to construct Improvements on the Lands. 

NOW TEDS LEASE WTTNESSES that in consideration of the rent, covenants, and agreements to 

be paid, observed, and performed by the Tenant, the Landlord leases to the Tenant and the Tenant 

leases from the Landlord the Lands upon the terms and conditions and subject to the provisos 

contained in this Lease. 

TO HAVE AND TO HOLD the Lands during the Term. 

YIELDING AND PAYING to the Landlord during the Term the Rent.

This Lease is made upon and subject to the following covenants and conditions which each of the 

Landlord and the Tenant respectively covenants and agrees to keep, observe, and perform to the 

extent that the same are binding or expressed to be binding upon it 

1. DEETNITIONS 

1.1 The terms defined in this clause 1.1, for all purposes of this Lease unless otherwise 

specifically provided, have the following meanings: 

(a) 

(b) 

(c) 

"Additional Rent" means any amounts that are expressed in this Lease to be 

added to and made part of Additional Rent, other than Basic Rent 

"Authority" means the city or other municipal authority having jurisdiction 

over development on the Lands. 

"Basic Rent" as of any particular time means the net basic rental provided for 

in this Lease as specified in Article 2 of this Lease. 

(d) "Commencement Date" means . [NTD: This needs to be 

filled in.] 

(e) 

(f) 

(g) 

(h) 

(i) 

"Environmental Contaminants" means any contaminants, pollutants, 

hazardous, corrosive or toxic substances, flammable materials, explosive 

materials, radioactive materials, dangerous goods, microwaves, hazardous 

waste, urea formaldehyde, asbestos, noxious substances, compounds known 

as chlorobiphenyls, mould, and any other substance or material the storage, 

manufacture, disposal, treatment, generation, use, transport, remediation, or 

release of which into the environment is prohibited, regulated, controlled, or 

licensed under Environmental Laws. 

"Environmental Laws" means any laws, statutes, regulations, orders, 

bylaws, permits or lawful requirements of any governmental authority with 

respect to environmental protection, or regulating, controlling, licensing, or 

prohibiting Environmental Contaminants. 

"Improvements" means all structures, buildings and improvements 

constructed upon the Lands or any part of them by or for the Tenant pursuant 

to the provisions of this Lease, including without limitation hard landscaping 

and all necessary services and ancillary facilities, together with all 

replacements, alterations, additions, changes, substitutions, improvements, or 

repairs to them and all other improvements from time to time constructed 

upon or affixed or appurtenant to the Lands. 

"Lands" means those lands in the Province of British Columbia legally 

described as PID , Lot [NTD: Insert legal 

description of parcel to be created by subdivision and to be transferred 

to the City.]. 

"Lease" means this lease, including all schedules attached to this lease.

(j) 

(k) 

"Person" or any word or expression descriptive of a person, includes any body 

corporate and politic, the heirs, executors, administrators, or other legal 

representatives of such person. 

"Prime Rate" means the annual percentage rate of interest established from 

time to time by the Bank of Montreal, Main Branch, Vancouver, British 

Columbia as the base rate that will be used to determine rates of interest 

charged by it for Canadian dollar loans to customers in Canada and designated 

by the Bank of Montreal as the prime rate. 

(1) "Rent" means the Basic Rent, Additional Rent, and any other amounts 

payable by the Tenant under this Lease. 

(m) 

"Term" means the period commencing on the Commencement Date and 

ending on the date five (5) years thereafter. 

1.2 All of the provisions of this Lease will be deemed and construed to be conditions as well as 

covenants as though the words specifically expressing or importing covenants or 

conditions were used in each separate clause of this Lease. 

13 The words "herein", "hereby", "hereunder", and words of similar import refer to this 

Lease as a whole and not to any particular article, clause, or subclause of the Lease. 

14 The captions and headings throughout this Lease are for convenience and reference only 

and the words and phrases used in the captions and headings will in no way be held or 

deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, 

construction, or meaning of any clause or the scope or intent of this Lease, nor in any 

way affect this Lease. 

2. PAYMENT OF RENT 

2.1 Rent 

The Tenant covenants and agrees to pay to the Landlord: 

(a) 

Basic Rent of ten dollars ($10) annually payable on or before the 

Commencement Date and on or before each anniversary of the 

Commencement Date. 

22 Payments Generally 

All payments by the Tenant to the Landlord of whatsoever nature required or contemplated by this 

Lease will be: 

(a) 

(b) 

paid to the Landlord by the Tenant in lawful currency of Canada; 

made when due under this Lease, without prior demand and without any set-off, 

abatement, or deduction whatsoever, at the office of the Landlord or such other 

place as the Landlord may designate from time to time to the Tenant;

(c) 

(d) 

applied towards amounts then outstanding under this Lease, in such manner as the 

Landlord may see fit; and 

deemed to be Rent, in partial consideration for which this Lease has been 

entered into, and will be payable and recoverable as Rent, such that the Landlord 

will have all of the rights and remedies against the Tenant for default in making 

any such payment that may not be expressly designated as rent, as the Landlord has 

for default in payment of Rent. 

23 Interest on Amounts in Arrears 

When the Rent is in arrears, such amounts will bear interest, including interest on overdue 

interest, at the Prime Rate plus 6% per annum calculated monthly not in advance from the date 

due until paid, irrespective of whether or not the Landlord demanded payment. The Landlord 

will have all the remedies for the collection of such interest, if unpaid after demand, as in the case 

of Rent in arrears, but this stipulation for interest will not prejudice or affect any other remedy of 

the Landlord under this Lease. 

If a court declares or holds the Prime Rate to be void or unenforceable for any reason 

including uncertainty, then the rate of interest payable on amounts in arrears under this Lease will 

be 10% per annum calculated monthly not in advance from the date due until paid. 

2.4 Harmonized Sales Taxes 

The Tenant agrees to pay to the Landlord at the times required by the applicable legislation all 

harmonized sales taxes payable under the Excise Tax Act (Canada) or such other tax as may be 

substituted for those taxes from time to time. 

2.5 Payment of Utility Services 

The Tenant covenants with the Landlord to pay for or cause to be paid when due to the 

providers thereof all charges for gas, electricity, light, heat, power, telephone, cable, water 

and other utilities and services used in or supplied to the Lands and the Improvements 

throughout the Term, and will indemnify and keep indemnified the Landlord from and 

against payment of all losses, costs, charges and expenses occasioned by or arising from any 

and all such charges, and any such loss, costs, charges, and expenses that relate to such 

charges suffered by the Landlord may be collected by the Landlord as Additional Rent. 

2.6 Tax and Licence Fees 

The Tenant covenants with the Landlord to pay for or cause to be paid when due every tax 

and permit and licence fee in respect of the use or occupancy of the Lands by the Tenant (and 

any and every subtenant, permittee and licencee) other than such taxes as corporate income, 

profits or excess profit taxes assessed upon the income of the Tenant (or such subtenant, 

permitee or licencee) whether such taxes and permit and licence fees are charged by any 

municipal, parliamentary, legislative, regional or other authority during the Term, and will 

indemnify and keep mdemnifled the Landlord from and against payment of all losses, costs, 

charges and expenses occasioned by or arising from any and all such taxes and permit and

licence fees; and any such loss, costs, charges and expenses that relate to such charges 

incurred by the Landlord may be collected by the Landlord as Additional Rent. 

3. CONSTRUCTION 

3.1 Tenant may Construct Improvements 

The Tenant may make Improvements to the Lands at its cost and any Improvements 

made will be made in a good, safe and workmanlike manner in compliance with statutes, 

regulations, bylaws, permits and approvals of the Authority and any other government 

• agency or authority having jurisdiction from time to time. 

4. USE OF LANDS 

The Tenant covenants and agrees with the Landlord that neither the Improvements, the Lands or 

any part of the Lands will be used in a manner contrary to Langford Zoning Bylaw, 1999 (City 

of Langford Bylaw No. 300), as amended from time to time. 

5. INSURANCE 

5.1 Release of Landlord fromLiability for Insured Loss or Damage 

The Tenant hereby releases the Landlord and its servants, agents, successors, and assigns from 

any and all liability for loss or damage caused by any of the perils against which the Tenant has 

insured or pursuant to the terms of this Lease is obligated to insure the Improvements, or any 

part or parts of them, and the Tenant hereby covenants to mdemnify and save harmless the 

* Landlord and its respective servants, agents, successors, and assigns from and against all manner 

of actions, causes of action, suits, damages, loss, costs, claims, and demands of any nature 

whatsoever relating to such insured loss or damage or loss or damage that the Tenant is 

obligated to insure. 

5.2 Workers* Compensation Coverage 

(a) 

(b) 

At all times during the Term, the Tenant will at its own expense procure and carry, 

. or cause to be procured and carried and paid for, full workers' compensation 

coverage in respect of all workers, employees, servants, and others engaged in or 

upon any work, non-payment of which would create a lien on the Lands or the 

Improvements. 

The Tenant will immediately notify the Landlord of any dispute involving third 

parties lhat may arise in connection with obtaining and maintaining the workers' 

compensation coverage required under this Lease if such dispute results in the 

requisite coverage not being in place, and the Tenant will take all reasonable steps 

to ensure the resolution of such dispute promptly. At all times the Tenant will 

indemnify and save harmless the Landlord, its servants and agents from and against 

all damages, costs, claims, suits, judgments, and demands that the Landlord may 

incur as a result of any default by the Tenant of its obligation under this clause 5.2 

to ensure that the full workers' compensation coverage is maintained. The Tenant 

will further ensure that no amount of the workers' compensation coverage is left

unpaid so as to create a lien on the Lands or the Improvements.^ the workers' 

compensation coverage required by this clause 5.2 is not in place within 60 days of 

the date of the notice to the Landlord mentioned above, the Landlord will be 

entitled to have recourse to the remedies of the Landlord specified in this Lease 

or at law or equity. 

53 Commercial General Liability 

At all times during the Term, the Tenant will at its own expense maintain with one or more 

companies duly authorized to carry on business within the Province of British Columbia and 

approved by the Landlord, commercial general liability insurance against claims for personal 

injury, death, or property damage or loss arising out of the use and occupation of ihe Lands and 

Improvements, indemnifying and protecting the Landlord and its respective servants and agents 

and the Tenant to limits approved by the Landlord from time to time, such approval not to be 

unreasonably withheld and in no event less than $5,000,000 per occurrence. 

5.4 Payment of Insurance Premiums 

The Tenant will pay or cause to be paid all of the premiums under the policies of insurance referred 

to in this Article 5 as they become due and payable; and in default of payment by the Tenant, the 

Landlord may pay the same and add tiieamount so paid to the Additional Rent 

55 Copies of Insurance Policies 

If requested by the Landlord the Tenant will promptly from time to time deliver or cause to be 

delivered to the Landlord certified copies of all policies of insurance referred to in this Article 5 

and obtained and maintained by the Tenant, accompanied by evidence satisfactory to the Landlord 

that the premiums on those policies have been paid. 

5.6 Insurance May be Maintained by Landlord 

The Tenant agrees that should the Tenant at any time during the Term fail to insure as required 

hereunder, the Landlord, although not obliged todo so, may obtain and maintain such insurance in 

such amount or amounts with such deductible amounts and for such period or periods of timeas 

the Landlord deems advisable; and the Tenant will pay to the Landlord as Additional Rent, upon 

the Landlord obtaining any such insurance and thereafter annually during the Term, within 30 days 

after receipt of any invoice from the Landlord, such amounts as the Landlord has expended for 

such insurance. 

6. REPAIRS AND MAINTENANCE 

6JL 

Landlord Not Obliged to Repair 

The Landlord will not be obliged to furnish any services or facilities or to make repairs or 

alterations in or to the Lands or the Improvements, the Tenant hereby assiiming the full and sole 

responsibility for the condition, operation, repair, replacement, maintenance, and management of 

the Lands and the Improvements.

6.2 Repair by the Tenant 

The Tenant will during the Term, at its cost, by itself or by the use of agents, put and keep in good 

order and condition (reasonable wear and tear excepted) the Lands and the Improvements. 

63 Tenant Not to Commit Waste or Injury 

The Tenant will not commit or permit, waste to the Lands or any part of them (reasonable wear and 

tear excepted). 

6.4 No Unlawful Purpose 

Hie Tenant will not use or occupy or permit to be used or occupied the Lands or the Improvements 

or'any part of them for any illegal or unlawful purpose or in any manner that will result in the 

cancellation of any insurance, or in the refusal of any insurers generally to issue any insurance as 

requested. 

6.5 At Expiration Deliver Up and Remediate Lands 

At the expiration or other terrnination of this Lease, the Tenant will surrender and deliver up 

the Lands in good order and condition, and within thirty (30) days of expiration or 

termination of this Lease, the Tenant will remove the Improvements from the Lands and 

remediate (including any necessary back-blading and seeding) the Lands such that the Lands 

are flat, planted with grass and otherwise in similar condition as at the Commencement Date 

of this Lease. If the Tenant fails to remove the Improvements or remediate the Lands in 

accordance with this clause, the Landlord may remove the Improvements or remediate the 

Lands, as applicable, without notice to the Tenant and any amount paid by the Landlord to 

remove the Improvements or remediate the Lands, as applicable, or any part or parts thereof, 

together with all costs and expenses of the Landlord (mcluding, if necessary, storage), will be 

reimbursed to the Landlord by the Tenant on demand plus a 15% adniinistration fee together with 

interest at the rate specified in clause 2.3. The Tenant hereby releases the Landlord and its 

servants, agents, successors and assigns from any and all liability for loss or damage caused 

to the Improvements if they are removed from the Lands under this clause and any loss or 

damage caused by remediation of the Lands under this clause. 

6.6 Lands Accepted "As Is" 

The Tenant accepts the Lands "as is" knowing the condition ofthe Lands, and agreeing that the 

Landlord has made no representation, warranty, or agreement with respect to the Lands, except as 

may be otherwise expressly provided in this Lease. 

6.7 Repairs to Improvements by Landlord 

If at any timeduring the Term the Tenant fails to maintain the Lands and the Improvements such 

that the Improvements become unsafe or hazardous, the Landlord through its agents, servants, 

contractors, and subcontractors may but will not be obliged to enter upon those parts ofthe Lands 

and the Improvements required for the purpose of making the repairs required by clause 6.2. The 

Landlord will make such repairs, only after giving the Tenant 60 days' written notice of its

intention so to do, except in the case of an emergency when no notice to the Tenant is required. 

Any amount paid by the Landlord in making such repairs to the Lands and the Improvements or 

any part or parts thereof, together with all costs and expenses of the Landlord, will be reimbursed 

to the Landlord by the Tenant on demand plus a 15% administration fee together with interest at 

the rate specified in clause 2.3. 

7. DAMAGE OR DESTRUCTION 

7.1 Rent Not to Abate 

The partial destruction or damage or complete' destruction by fire or other casualty of the 

Improvements will not terminate this Lease or entitle the Tenant to surrender possession ofthe 

Lands or the Improvements or to demand any abatement or reduction of the Rent or other charges 

payable under this Lease, any law or statute now or in the future to the contrary. 

8. BUILDERS'LIENS 

8.1 Tenant to Remove Liens 

The Tenant will, throughout the Term at its own cost and expense, cause any and all builders' liens 

and other liens for labour, services, or materials alleged to have been furnished with respect to the 

Lands or the Improvements, which may be registered against or otherwise affect the Lands or the 

Improvements, to be paid, satisfied, released (including, without limitation, the release of all such 

liens from the interest ofthe Landlord in the Lands), or vacated within 42 days after the Landlord 

sends to the Tenant and the Mortgagee written notice by registered mail of any claim for any such 

Ken. PROVIDED HOWEVER that in the event of a bona fide dispute by the Tenant of the 

validity or correctness of any claim for any such lien the Tenant will not be bound by the 

foregoing, but will be entitled to defend against the claim in any proceedings brought in respect of 

the claim after first paying into court the amount claimed or sufficient security, and such costs as 

the court may direct, and, upon being entitled to do so, the Tenant will register all such documents 

as may be necessary to cancel such lien from the Lands and the Improvements, including the 

Landlord's interest in them. 

8.2 Landlord Not Responsible for Liens and May File Notice 

It is agreed that the Landlord will not be responsible for claims of builders liens filed by persons 

claiming through the Tenant or persons for whom the Tenant is in law responsible. The Tenant 

acknowledges and agrees that the Improvements to be made to the Lands are made at the Tenant's 

request solely for the benefit of the Tenant and those for whom the Tenant is in law responsible. 

9. OBSERVANCE OF REGULATIONS 

The Tenant covenants with the Landlord that, notwithstanding any other provision of this Lease to 

the contrary, throughout the Term the Tenant will comply with all provisions of law, including 

without limitation municipal, regional, provincial, and federal legislative enactments concerning, 

without limitation, all environmental, police, fire, and sanitary regulations, zoning and building 

bylaws, and any municipal, regional, provincial, federal or other governmental regulations that 

relate to the construction and erection of the Improvements, to the equipment and maintenance 

ofthe Improvements, to the operation, occupation, and use of the Improvements or the Lands to

the extent mat the Tenant operates, occupies, and uses the Improvements or the Lands, whether by 

subletting them or any part of them or otherwise, and to the making of any repairs, replacements, 

alterations, additions, changes, substitutions, or Improvements of or to the Improvements, the 

Lands, or any part of them. 

10. INDEMNITY 

10J. Breach, Violation, or Non-Performance of Covenants by Tenant 

The Tenant will indemnify and save harmless the Landlord, its servants, agents, successors, and 

assigns from any and all manner of actions, causes of action, suits, damages, loss, costs, builders' 

Hens, claims, and demands of any nature whatsoever relating to and arising during the Term out of 

any breach, violation, or non-performance of any covenant, condition, or agreement in this Lease 

to be fulfilled, kept, observed and performed by the Tenant. 

102 Injury, Damage, or Loss of Property 

Notwithstanding the provisions of Article 5, the Tenant will indemnify and save harmless the 

Landlord from any and all manner of actions, causes of action, suits, damages, loss, costs, claims, 

and demands of any nature whatsoever relating to and arising during the Term out of; 

(a) 

(b) 

any injury to person or persons, including death resulting at any time therefrom, 

occurring in or about the Lands or the Improvements; and 

any damage to or loss of property occasioned by the use and occupation ofthe Lands 

or the Improvements; 

however, no provision of this Lease will require the Tenant to mdemnify the Landlord against any 

actions, causes of actions, suits, claims, or demands for damages arising out of the willful or 

negligent acts or omissions ofthe Landlord, its servants, agents, or contractors, unless the act or 

omission involves a peril against which the Tenant is obligated to place insurance, in which case 

the release and indemnity specified in clause 5.1 absolves the Landlord of all liability with respect 

to the act or omission. 

103 Indemnification Survives Termination of Lease 

The obligation ofthe Tenant to mdemnify the Landlord under any provision of this Lease with 

respect to liability by reason of any matter arising prior to the end of the Term, including without 

limitation under the provisions of clauses 5.1,10.1, and 10.2, will survive any termination of this 

Lease, anything in this Lease to the contrary notwithstanding. 

11. SUBLETTING AND ASSIGNING 

11.1 Subletting and Assigning 

The Tenant may sublet or assign all or part of the Lands only with the Landlord's prior 

written consent. The Tenant will not be relieved of its obligations under this Lease upon 

assignment ofthe Lease unless the Landlord expressly consents to such release.

11.2 No Mortgaging by Tenant 

The Tenant will not mortgage its leasehold interest under this Lease or its interest in the 

Lands or the Improvements. 

11.3. Tenant to Comply with All of its Obligations in Respect of Assignments, Subleases and 

Tenancies 

The Tenant will observe and perform all of its obligations incurred in respect of assignments, 

subleases and agreements for lease, and will not allow any such obligations to be in default; 

and if any such default occurs, the Landlord may, but will not be obliged to, rectify such 

default for the account of the Tenant, and any amount paid by the Landlord in so doing, 

together with all costs and expenses of the Landlord, will be reimbursed to the Landlord by 

the Tenant on demand plus an administration fee of 15% together with interest at the rate 

specified in clause 2.3. 

12. RE-ENTRY AND TERMINATION 

12.1 Re-entry and Termination on Certain Defaults By Tenant 

If and whenever: 

(a) the Tenant fails to pay any Rent when due, and the Tenant has not paid the Rent 

within 30 days notice from the Landlord; 

(b) the Tenant fails to observe or perform any of its obligations under this Lease and 

the Tenant has not, within 30 days after notice from the Landlord specifying the 

default, cured the default, or if the cure reasonably requires a longer period, the 

Tenant has not commenced to cure the default within the 30 day period and thereafter 

does not diligently pursue the cure of such default; 

(c) re-entry is permitted under other terms of this Lease; 

(d) the Term or any ofthe goods or chattels ofthe Tenant on the Premises are seized 

by a creditor or the Tenant receives a notice from a creditor that the creditor intends 

to realize on security located on the Premises; 

(e) a receiver is appointed to control the conduct of the business ofthe Tenant on or 

from the Premises; 

(f) the Tenant becomes bankrupt or insolvent or takes the benefit of any legislation in 

force for bankrupt or insolvent debtors; 

(g) proceedings are instituted for the winding-up or termination of the corporate 

existence ofthe Tenant;

(h) the Term or any ofthe goods or chattels on the Premises are at any time seized or 

taken in execution or attachment by any creditor of the Tenant or under bill of sale or 

chattel mortgage; 

(i) a writ of execution issues against the goods and chattels ofthe Tenant; or 

(j) the Tenant makes any assignment for the benefit of creditors or becomes insolvent 

or bankrupt 

then the Landlord may re-enter and take possession ofthe Lands as though the Tenant or other 

occupant was holding over after the expiration of the Term and this Lease may. at the 

Landlord's option, be immediately terminated by notice to the Tenant. 

122 Tennination for No Cause 

On the expiry ofthe Term, and any time thereafter, the Landlord may teiminate this Lease for no 

cause by providing two (2) years notice of termination to the Tenant and the Landlord may, at the 

expiration ofthe two (2) year notice period, re-enter and take possession ofthe Lands and this 

Lease will be immediately terminated. "Without limiting the generality of the foregoing, the 

Landlord shall be entitled to terminate this Lease under this clause to enable the Lands to be used 

forthe purpose of road or highway. 

12.3 Termination by Tenant 

The parties agree that the Tenant shall have the right to terminate this Lease at any time by 

providing four (4) months notice of termination to the Landlord. The Tenant shall remain 

responsible to deliver possession of the Lands to the Landlord in the condition required 

pursuant to clause 6.5. 

12.4 Remedies of Landlord are Cumulative 

The remedies ofthe Landlord specified in this Lease are cumulative and are in addition to any 

remedies of the Landlord at law or equity. 

12.5 Waiver by Landlord 

The failure ofthe Landlord to insist upon the strict performance of any covenant or agreement of 

this Lease will not waive such covenant or agreement, and the waiver by the Landlord of any 

breach of any covenant or agreement of this Lease will not waive such covenant or agreement in 

respect of any other breach. The receipt and acceptance by the Landlord of Rent with knowledge of 

any breach of any covenant or agreement by the Tenant will not waive such breach. No waiver by 

the Landlord will be effective unless made in writing. 

13. COVENANT OF TENANT 

13.1 CONDUCT ON LANDS 

The Tenant covenants and agrees with the Landlord that it will not carry on or do, or allow to be 

carried on or done upon the Lands or in the Improvements any work, business, or occupation that

is a nuisance or that is contrary to any law or to any bylaw or to any regulation ofthe Authority or 

any enactment of any other governmental agencies or authorities having jurisdiction for the 

time being in force. 

14. SURRENDER OF LEASE 

14.1 Surrender 

At the expiration or termination of this Lease, the Tenant will surrender the Lands in accordance 

with clause 6.5 of this Lease. The Tenant will not be entitled to any compensation from the 

Landlord for surrendering and yielding up the Lands, removing Improvements or remediating 

the Lands. 

15 QUIET ENJOYMENT 

15.1 Covenant for Quiet Enjoyment 

If the Tenant pays the Rent hereby reserved and the other charges, and performs the covenants 

hereinbefore on the Tenant's part contained, the Tenant will and may peaceably enjoy and possess 

the Lands for the Term, without interruption or disturbance whatsoever fiom the Landlord or any 

other person, firm, or corporation lawfully claiming fiom or under the Landlord, provided 

however that nothing in this clause 15.1 will limit the rights of access reserved by the Landlord 

under this Lease, including clause 6.7 and clause 18.1(c). 

16.0VERHOLDING 

The Tenant covenants and agrees with the Landlord that if the Tenant holds over and the Landlord 

accepts Rent after the expiration of the Term, the new tenancy thereby created will be a tenancy 

fiom month to month, at Basic Rent of $10 annually, and not a tenancy fiom year to year and will 

be subject to the covenants and conditions in this Lease so far as they are applicable to a tenancy 

from month to month. For greater certainty, if the Tenant holds over in accordance with this 

clause, the Landlord may terminate this Lease in accordance with clauses 12.1 and 12.2, as 

applicable. 

17. NOTICE 

All notices, demands, and requests that may be or are required to be given pursuant to this Lease 

will be in writing and will be sufficiently given if served personally upon the party or an executive 

officer of the party for whom it is intended or mailed prepaid and registered addressed to the 

parties at the addresses set out on the title page of this Lease, or such other addresses as the parties 

may from time totime advise by notice in writing. The date of receipt of any such notice, demand, 

or request will be deemed to be the date of delivery if such notice, demand, or request is served 

personally or if mailed on the second business day following the date of such mailing, provided 

however that if mailed, should there be between tiie time of mailing and the actual receipt ofthe 

notice a mail strike, slowdown of postal service, or other labour dispute that affects the delivery of 

such notice, then such notice will be deemed to be received when actually delivered. 

18. ENVIRONMENTAL

18.1 Environmental Provisions 

The Tenant covenants and agrees with the Landlord: 

(a) 

(b) 

(c) 

(d) 

(e) 

to develop and use the Lands and Improvements only in compliance with all 

Environmental Laws; 

that no Improvement will be constructed in the area to the east of the Langford 

Creek ditch, as set out in the Riparian Areas Regulation Assessment, dated 

September 20, 2010 by Brian Wilkes and Associates Ltd. and attached as 

Schedule A, without a development permit; 

to permit the Landlord to investigate the Lands and Improvements, any goods on 

the Lands or Improvements, and the Tenant's records at any time and firomtime to 

time to verify such compliance with Environmental Laws and this Lease; 

at the reasonable request ofthe Landlord, to obtain from time to timeat the Tenant's 

cost a report fiom an independent consultant designated or approved by the 

Landlord verifying compliance with Environmental Laws and this Lease or the 

extent of any non-compliance; 

except in compliance with Environmental Laws, not to store, manufacture, dispose, 

treat, generate, use, transport, remediate, or release Environmental Contaminants on 

or fiom the Lands or Improvements without notifying the Landlord in writing and 

receiving prior written consent from the Landlord, which consent may be 

unreasonably or arbitrarily withheld; 

(t) to promptly remove any Environmental Contaminants from the Lands or 

Improvements in a manner that conforms to Environmental Laws governing their 

removal; and 

(g) 

to notify the Landlord in writing of: 

(i) 

(ii) 

(iii) 

any enforcement, clean-up, removal, litigation, or other governmental, 

regulatory, judicial, or ad^nmistrative action instituted, contemplated, or 

threatened against the Tenant, the Lands, or the Improvements pursuant to 

any Environmental Laws; 

all claims, actions, orders, or investigations instituted, contemplated, or 

threatened by any third party against the Tenant, the Lands, or the 

Improvements relating to damage, contribution, cost recovery, 

compensation, loss, or injuries resulting from any Environmental 

Contaminants or any breach of Environmental Laws; and 

the discovery of any Environmental Contaminants or any occurrence or 

condition on the Lands or Improvements or any real property adjoining or in 

the vicinity of the Lands that could subject the Tenant, the Lands, or the 

P148

19. MISCELLANEOUS 

Improvements to any fines, penalties, orders, or proceedings under any 

Environmental Laws. 

19.1 Time is of the Essence 

Time is ofthe essence of this Lease. 

192 No Modification 

This Lease may not be modified or amended except by an instrument in writing executed by the 

Landlord and the Tenant or by the successors or assigns ofthe Landlord and the successors or 

permitted assigns of the Tenant. 

193 Successors and Assigns 

It is agreed that this Lease will extend to, be binding upon, and enure to the benefit ofthe Landlord 

and the Tenant and the successors and assigns of the Landlord and the successors and permitted 

assigns of the Tenant. 

19.4 Law to the Contrary 

This Lease shall enure to the benefit of and be binding on the parties notwithstanding any rule of 

law or equity to the contrary. 

19.5 Severance 

If any portion of this Lease is held invalid by a court of competent jurisdiction, the invalid portion 

shall be severed and the decision that it is invalid shall not affect the validity of the remainder of 

this Lease. 

19.6 Governing Law 

This Lease shall be governed by and construed in accordance with the laws ofthe Province Of 

British Columbia 

19.7 References 

Every reference to each party is deemed to include the heirs, executors, administrators, successors, 

directors, employees, members, servants, agents, officers, and invitees of such party where the 

context so permits or requires. 

19.8 Captions

The captions appearing in this Lease have been inserted for reference and as a matter of 

convenience and do not define, limit or enlarge the scope or meaning of this Lease. 

19.9 Interpretation 

Wherever singular or masculine or neuter is used in this Lease the same shall be construed as 

meaning the plural, the feminine or body corporate where the context so requires. 

19.10 Entire Lease 

The provisions herein contained constitute the entire agreement between the parties and supersede 

all previous communications, representations, warranties, covenants and agreements whether 

verbal or written between the parties with respect to the subject matter hereof. 

19.11 Further Assurances 

The parties shall execute and do all such further deeds, acts, things and assurances as may be 

reasonably required to carry out the intent of this Lease. 

19.12 Registration 

The Tenant may register this Lease against the title to the Lands, in which case the Tenant must 

pay all survey costs, registration costs and property transfer tax. 

20. EXECUTION 

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

executed the Land Title Office Form C which is attached and forms part of this Lease.

Schedule A 

Riparian Areas Regulation Assessment 

Brian Wilkes and Associates Ltd. 

630 Broadway Street, Victoria, BC, V8Z 2G4 CANADA 

Tel: (250) 47&-8S37 Fax: (260) 47&-S835 Csll: (250)831-5228 

E-mail: brianwjlkes(5>shaw.ca 

www.brianwakes.ca 

September 20 t 

2010 

Mr. Mark Johnston. 

The Limona Group 

3405 Midland Rd 

Victoria, BC. V8R 6G3 

Dear Mr. Johnston, 

Regarding: Riparian Area Regulation Assessment - Amy Rd property 

Please find attached a completed RAR assessment conducted pursuant to the Riparian 

Areas Regulation. Based on this, you are required to leave a protected area of habitat that 

extends i Dm back from die topof the ditch, bank on the west side ofthe ditch- 

On your instructions, this assessment does not address the establishment of a set-back on 

ihe east side ofthe ditch, as there will be no development proposed for this piece. 

Yours tatty, 

Brian Wilkes and Associates Ltd. 

Brian Wflkes, &LE.S., RJ3io. 

Principal

RlpananAreas ReifuisHon Assessment Report- BrioflV/liies and AsBoCales Ltd 

Date I September, 2010 

!. Primary QEP Information 

Erst Name Brian 1 Middle Name David 

Wilis £5 

Designation RJ3io. 

Coaajanv Brian. Wilkes end Associates Ltd 

Registration. # 300 Email briaawiliies@sli2w.es 

Address £30 Broadway St 

City Victoria VSZ2G4 Phone* 25047S-B8J7 

Prov/siflK EC Country CaaEda 

III. Developer Information 

First Name Vnrir 

I Middle Name 

Last Name Jbhnsioa 

Company Litnons Gioui) 

250592-5407 | Email rnflrfchitfashaW.Cl 

Address 3405 MidLandRd 

City Victoria Postal/Zip VSRtfGS 

Prov/stEte EC Country Can 

IV. Development Information 

Development Type fftmrnarHnl 5npQn.i5lOD 

Area of Development (ha) L36 

Riparian Length. 'ml | 40m 

Lot Area (ha) 13i5 

Nature of DevetopmeEt 

Proposed Sunt Date | 2010-10-01 | Proposed End Date | 2012-10-01 

V. Location of Proposed Development 

Local Government Lanoford Citv Victoria 

Stream Name Lanaford Creek channelized in a ccnstmcted ditch 

Legal Description (PID) 004357057 Reoion 1 

Stream/River Type Ditch DFO Area South Coast 

Watershed Code 920-211000-1390 I 

Latitude 48 I 27 I 30.8 I Longitude 123 I 32 1 32.6 |

Riparian Anas ReguBBem AKWsmenl fleport - Man Wftes and Associate LSI 

Tabie of Contents for Assessment Report 

Page Number 

1. Description of Fisheries Resources Values 3 

2. Results of Riparian Assessment {SPEA width) 5 

3. Site Plan attached 

4. Measures to Protect and Maintain the SPEA 

(detailed methodology only). 

1. Danger Trees 9 

2. Wmtthrow. 9 

3. Slope Stability -9 

4. Protection of Trees 9 

5. Encroachment 9 

6. Sediment and Erosion Control 9 

7. FtoodpJain -9 

&. Stormwater Management ~9 

5. Environmental Monitoring 10 

6. Photos 11 

7. Assessment Report Professional OpMon 14

Rlparten«easRsgAilaGoriAE6essment Report- BrtE-i Wintss and Assotfales Lio" 

Section 1, Description of Fisheries Resources Values and a Description ofthe 

Development proposal 

(Provide as a minimum: Species present, type of fish habitat present, description of current riparian 

vegetation condition, connectivity to downstream habitats, nature of development, specific activities 

proposed, timelines) 

Description of the Fisheries Resource 

Langford Creels now flowsfrom Langford take to 3oIdstream River. Anecdotal Information from 

officials in Langford Indicate that the take previously drained the other way. Into Glen Lake. This 

drainage pattern was changed In the eariy 1900s. Langford Lake itself is a popular local fishing 

lake, with populations of smallmouth bass, rainbow and cutthroat trout (stocked annually), as well 

as pumpkinssed. perch and other fish specfces. Some reports claim that Langford Lake is one of 

the top bass fishing lakes in the region. Goldstream River Is an important salmon stream, which Is 

quite famous for its late season chum salmon run. This run draws large numbers of people to 

watch tiie fishspawn in the lower reaches adjacent to the portion of the park along the Island 

highway. Three other species of salmon spawn in tha river. 

Since Langford Creek connects two fishbearing waters, it Is also assumed to be fish bearing, 

although no fish were observed on the day of the fieldvisit (September i, 2010). An inquiry to the 

provincial FISS (Fisheries InformatiDn Summary System) returned no data for Langford Creek. 

The creek has been channelized and is now trained in an excavated ditch that crosses the 

subject property at a slight diagonal The ditch runs through foe frailerpark just north of tiie 

property, then turns toward the Island highway, and crosses the highway in a culvert. On the 

subject property, there are no turns, nor are there other typical stream-Eke structures, such as 

riffles, pools, cut-banks and woody debris. 

In 2003. as part of a drainage upgrade, some fish habitat enhancement occurred In the channel, 

in the form of a few groupings of large shot rock that have been placed there. The effectiveness 

of this enhancement Is unknown. In addition, several big-Jeaf maple tree saplings and other 

plantings were planted along the top of the east bank of the ditch. On the day of Ihe site visit, 

there was no fiow in the creek. Standing water existed in the bottom of the ditch in several places, 

and the-watersurfacewas covered completely with duckweed. 

The west bank ofthe ditch contains small, to medium sized red alders and willow shrubs, Along 

the top ofthe ditch bank, there are fir trees and larger alders. It is dear on the west bank that the 

material excavated fromthe ditch was deposited to make a Isvee along the ditch. This is raised a 

hatf-metre or more above the natural line of the terrain, and extends away from the top of the 

bank for several metres. 

On the east bank ofthe ditch, there is recent fencing installed approximately one metre back from 

the top of ihe ditch bank. The ditch slopes are40°- 45°. the channel gradient is approximately 

2%. The ditch Is straight, and approximately 4m deep. The slopes ofthe east bank of the ditch 

are grassed, and have bean colonized by Juvenile red alder, as well as broom. The average width 

ofthe active channel afong the bottom oF the ditch was approximately 3.5m. ills presumed that 

when the water is flowing, as ftwould during the higher rainfall period, this would be the typical 

width of the flow along the ditch. At this time, unless there are other barriers elsewhere in the 

system that were not observed, such as the highway culvert, the creek could be a conduit forSsh 

back and forth between the lake and Goldstream River. 


Riparian Areas Regulation Assessment Report - Bdan WKes ard Associates LW 

Development Proposal 

Development plans are preliminary. The main theme is to develop commercial space on, this 

narrow lot, with access along tiie south side. There are no development plans for the portion of 

the lot on the east side of the Langford Creek ditch. There is no proposal to build a bridge or 

access to this portico. Therefore, the only usable portion of the lot is on the west side of the 

Langford Creek ditch, outside of the SPEA. 

Legal Description of Property 

The lot appears to have no tot number, but is shown on cadastral maps (see Figure 1). The legal 

description supplied by the proponent Is:' Part of Secfion 1 Goldstream District, lying to the south 

ofthe southerly boundary of plan 7154 and to the north of a bou ndary paraEel to and 

perpendicularly distant 120 feet southerly from the said southerly boundary and to the west of a 

boundary bearing 47 degrees 37 minutes 30 seconds east from the most easterly comer 

of said plan 7164 except pan In plan VIP B4260' 

Page4 of 14

RIpartanAreas RegulattonAEsessmsnl Report- Briai Wiaesard AssoSales Lia 

2. Results of Detailed Riparian Assessment 

ReJertoctiapier 3 or Assessment MKnoBotogy 

Stream 

Wetland 

Lake 

Ditch 

Number of reaches 

Reach 

1 

1 

X 

Date: 1 September. 

2010 

I Lanqford Creek channelized in a ditch 

Cliannel width and slope and Channel Type (use only if water body is a stream or a 

ditch, and only provide widths if a ditch) 

Channel WidUifmi 

Gradient C%) 

starting point 3.2 

L BtiaJi WIKES . nereuy certify tnat 

a) lama quaiGea emironmentat pocessbnal, as dennEd in the 

upstream 

2% Riparian Areas Regitallon male under Ihe nsn Protection ACT, 

m lamouaGTedlotôuttKspartormeaEsessmsnlottrie 

3.4 

Kve'opr^r^cssJmatetvlhsd6«loper Limona Group 

c) ] nave csmen out an assessment ot trie oaveopniern proposal 

and my assessment tssat out m tnts Assessment Report ana 

downstream 

aj In carrying out my assessment eftfta asvelEpmEfti proposal,! 

taveToKwaa" ineassessmentmemoas set outtn trie senecKae 

lo me Riparian Areas Reguiaiton. 

3.4 

2% 

Total: minus high /low 10 

mean 3.3 

" R/P 

Channel Type [ X 

C/P 

SrP 

Mote: channel Is a straight ditch 

Site Potential Vegetation Type (SPVT) 

Yes No 

SPVT Polygons | | X Tick yes only if multiple polygons, if No then fa in one set of SPVT daa boxes 

Polygon Ho: 

i. Brtanwtmes . neraDy cerETy tnsz 

a) I am a quanted environmental profession;*, as deflneo In sie Ripalan Areas 

Regulation made underthe Rift PnXsctlsa Act; 

0) I OTqualffled to cany out mis part or the assessment cf lha development proposar 

marfarjylhedeveloper uncrtaGroup: 

o) I rave earned out an assessment rrfltie development proposal am my assessment is 

set out In trts Assessment Report; and 

d) incsrrjmgoutmyassessmemotmseeveioFne^ 

aEsessmerrimEtriodssEUuHnuBSift^ 

Method employed if other than TR 

SPVT Type 

LC 

LZZZ SH TR N/A 

Tx~ 


Riparian AreasRegulslKKi Assessment Report - Brtsn Wines and Assosales Ltd 

Zone of Sensitivity (ZOS) and resultant SPEA 

Segment 

No: 

LYVO, Bank and Channel 

Stability ZOS (m) 

Litter fall and Insect drop 

ZOSfm) 

Shade ZOS (m) max 

Ditch 

If two sides of a stream involved, each side is a separate segment. For all water 

bodies multiple segments occurwhere there are multiple SPVT polygons 

10 

10 

n/a South bank | Yes | 

The ditch has been excavated to train the flow of Langford 

Creek away from the Island Highway, the ditch is straight, 

has even sides angled at about 45 s , and is clearly a 

constructed channel. The ditch contains no typical stream 

structural elements except some shot-rook groupings. Its 

purpose Is to deftvar water from Langford Lake to the 

Goldstream River and not back up and raise the level of the 

lake. 

No 

Ditch Fish Yes 

Bearing 

SPEA maximum 

10 

No 

If non-fish bearing insert no fish 

bearing status report 

LBrtanWtaes .hEreavcerifffiral: 

a) lantaquatnkenvlronrnenlatprtfesEtonaS, as defined h ifie RjpartanAreas Regifalion made undarthe f«r> RxCecrJon Act; 

ib) lamfiuaiffledtocarryouttrilspartofttea&ses^ 

L^waOtatlfl—: 

\d iha'fflcamedoiisfiassessmenttfthedevelop^ 

d) irtcanyngotrlmyassessmEiiloTtneflevetopmentprop 

the Rlpanan Areas Regulation. _ . 

Comments 

The ditch width is very even along the 4Dm length of the ditch on the subject property. The width 

across the ditch from bank top to bank top is 12 - 12.5m. The width ofthe acuVe channel in the 

ditch averages 3.3m. Because the methods stipulate a 10m max for a constructed ditch, this is 

what applies in this situation. 

Uis our opinion that this qualifies as a ditch rather than as a stream. Langford Creek may have 

been a stream before being channelized In the ditch, but now it fs not It does not demonstrate the 

elements of a stream, other than containing flowing water. That is, Enstraam habitat features and 

functions are minimal or absent. When the water level is higher and the ditch is flowing, the 

channel may pass fish between Langford Lake and Goldstream River, unless there is an 

obstruction elsewhere In the system. The ditch atso provides water and nutrients to fish habitat in 

the Goldstream River. 

A tributary ditch has been constructed along the north property boundary on the east side of 

Langford Creek ditch. On-site inspection revealed this ditch drains ths adjacent field. There are 

no direct connections to other watercourses. Furthermore, there is a high point In the ditch 

approximately 2/3 ofthe distance toward the highway that suggests water flows towardthe 

highway from ths point. Therefore, this ditch provides some local drainage only. Since there Is no 

development proposed for the property on the east side ofthe creek, no SPEA was marked on 

the around. If and when this changes, the SPEA would be the minimum 2m in width from tha top 

Page 6 of14

of tfw ditch bank akmg ih* north boundary of th* lot. 


PISS

NpaBan An»fteguHft» AssessiMrt Report-Brtan WRHs and Associates LM 

Section 3, Site Pfe/i 

Figure 1 and 2 are attached 

Site Plan 

Pace 8 of 14 

P159

Rlparan Areas Raguiauort Assessment Report - Brian wises arfl Ass Wales Lia 

Section 4. Measures to Proiect and Maintain ihe SPEA 

1. Danger Trees There was,no evidence thatthe few trees on the site Dear ths 

SPEA pose a danger to the structures nearby. No downed trees 

were observed. The local soils are coarse textured end wall 

drained. Tcung trees growing along the ditch bank appear to be 

well rooted. 

2. Windthrow There was so evidence to suggest windthrow will be a concern oa 

this site. The easting trees are already exposed to winds. No 

newly exposed trees will occur. 

5. Slope Stability The ground above the ditch is fiat.The ditch, slope itself is Uaole 

to erosion but this mil not occur if there is no encroachment into 

the SPEA. 

4. Protaction of Tress Few trees in and adjficeni to ihe boundary" ofthe SPEA require 

protection. There are a few large Douglas firs in the SPEA along 

the north property boundary on the wast side of ths ditch. There 

should be no machine work within 5m ofthese tress in order to 

prevent root damage. The trees should be marked, or construction, 

fencing placed around them to male sure they are clear to 

machine operators. 

An area ia the SPEA edjacentto the middle stake hasioma 

ground cover but there could be enhanced tall shrub and tree 

cover present This section ofthe SPEAwillbe planted with 

native shrubs and tree saplings, under the advice of a QEP. 

5. Enrjoachmsai Encroachment into the SPEA wilt be limited by marking tha 

SPEA edge with construction fencing during the development of 

the comnierdal buildings. Post construction, lha SPEA should be 

marked with a low fence. A split rail or other similar fence would 

provide effective boundary and retain some aesthetic vahie. 

Riparian Areas Regulason Assessment Repon -Brian Wises and Assocraies Urt 

b. I zm qsaSfod to cany cm Ite*. p at o£o£ nwsmsjit of &a dsreJapnanl prcpewl aiii bj- 6 J dwtfBpsr r i m w " r l^T : 

c. I ham canad «a ia aswiiawH ofdts 4iwlep&uit primal aid jay u»sim«iit i; t»l cut ia iii As wiimstu Rspait and a 

jUpariiaAimi Rwabdca 

Section 5. Environmental Monitoring 

AHach isd ordocwjientaes explaining me rrarCorlng regimen Useyaff "return* nuttoi on your Xejrtcard aJtereacti Una. ttis 

euagesiett tJiatasdoournenlBsomvetteatoFDF Before inserting into me PDF version Ditne assessment report, 

inauae accons required, monltonngsciterails. csmmtmioaions. plan, ara retirementtora post development report. 

TMs is 3 simple site and a simple moidtorms; plan is appropriate. Hers should be site inspections by a 

QEP at several steps in the process: 

One toverify that the SPEA and nee protection constmctioa renting Ls in place before development 

starts, and to specify the samps and trees to plant in the SPEA. 

Another site visit toverify that stlt fencingfs installed and that spoil piles on site have been covered. 

A fiiat post-construction visit toprepare a post-coastraction report. 


Riparian Areas aegulaaon Assessment Repon - Brian Wiles and Associates Ud 




P1S4

Section 7, Professional Opinion 

Assessment Report Professional Opinion on the Development Proposal's riparian area. 

Date I 2010-09-12 

1.1. Brian Wakes. MES. R.P.Bio. 

assessment-' 

hereby certify that 

a) I am/We are qualified environmental professionals), as defined in the Riparian 

Areas Regulation made under the Pfcfi Protection Act, 

b) I amrWe are qualified to carry out the assessment of the proposal made by ihe 

developer Limona Group , which proposal is described in section 3 of 

this Assessment Report (Ihe "development proposal*), 

o) I havejWe have carried out an assessment of the development proposal and 

myfour assessment is set out in this Assessment Report; and 

d) In carrying out my/our assessment of the development proposal. I have/We have 

followed the assessment methods set out in the Schedule to the Riparian Areas 

Regulation; AND 

2. As qualified environmental professionals), Uwe hereby provide myrour professional opinion that 

a) | • " {if the development is Implemented as proposed by the development 

proposal there wiU be no harmful alteration, disruption or destruction of natural 

features, functions and conditions that support fish life processes in the riparian 

assessment area in which the development Is proposed, OR, 

{Note: include local government flex letter. OPO Letter of Advice, or description of 

how DFO local variance protocol is being addressed) 

b) |xj

P166

END OF DOCUMENT 

P167

Schedule "C" to Land Exchange Agreement 

ROAD CLOSURE PLAN 

REFERENCE PLAN TO ACCOMPANY THE CITY OF IANGFORD 

*ruh CLOSURE RYIAW NO. OF PART OF VISTA DAWN PLACE. 

SECTION 2. GOLDSTREAM PATRIOT PLAN 27882. 

PURSUANT TO SECTION 120 OF THE I AND TITLE ACT 


PLAN 

VIP 

HfTCS 03B.043 

***** *rJ*-Ln^*M>

Schedule "D" to Land Exchange Agreement 

CERTIFICATE AS TO REGISTRATION STATUS OF PURCHASER 

(Paragraph 221(2)(b) and (c)) 

FROM: 

TO: 

RE: 

[the "Purchaser"] 

[the "Vendor"] 

[the "Property'] 

THE PURCHASER HEREBY CERTIFIES TO THE VENDOR PURSUANT TO PARAGRAPHS 221(2)(b) AND 

(c) OFTHE EXCISE TAX ACT (THE "ACT") THATTHE PURCHASER: 

is registered for HST purposes, its registration number is [number] and the 

Purchaser will account for the HST payable in respect of the purchase of the 

Property in accordance with the Act. 

The Purchaser acknowledges that the Vendor is relying on this Certificate in connection with the 

sale ofthe Property. 

Each term that is used in the Certificate and that is defined in, and for the purposes of, Part IX of 

the Act has the meaning assigned to it in Part IX of the Act. 

Dated: [month, day, year]. 

[Name of Corporate Purchaser] 

by its authorized signatory: 

Authorized Signatory

CORPORATION OF THE TOWNSHIP OF ESQUIMALT 

Municipal Hall, 1229 Esquimalt Road, Esquimalt, B.C. V9A 3P1 

Website: www.esquimalt.ca Email: info@esquimalt.ca 

Voice: (250)414-7100 

Fax: (250)414-7111 

Office of the Mayor 

August 19, 2011 

Mayor and Council 



Victoria BC V9B 2X8 

Dear Mayor and Council: 

Re: Te'mexw Treaty Advisory Committee (TTAC) 

At the Te'mexw Treaty Advisory Committee meeting of August 11, 2011, the Committee 

approved the following resolution: 

That the Te'mexw Treaty Advisory Committee (TTAC) request that the Township 

of Esquimalt invoice TTAC member municipalities the amount of $3,000 for 2011. 

The motion CARRIED. 

The member municipalities include Colwood, Esquimalt, Sooke, View Royal, Metchosin, 

Saanich, North Saanich, Highlands, Langford, Victoria and the Capital Regional District. 

Please see enclosed an invoice in the amount of $3000 for 2011 TAG expenses. 

Given the increased activity ofthe treaty negotiations this year, the TTAC passed the 

above resolution in recognition of increased costs as negotiations move forward. We are 

currently exploring all options for funding including the Province and UBCM. A resolution 

regarding Treaty Advisory Committee Funding will be presented at the UBCM 

conference in September. I will be meeting with UBCM staff, Marie Crawford and Murry 

Kraus, Chair ofthe First Nations Relations Committee, at the conference. A meeting with 

the Minister of Aboriginal Relations and Reconciliation has also been scheduled for 

September 20, 2011 regarding funding. 

Please include on your next Council meeting agenda for funding approval. 

If you require more information, I can be reached at 250 414-7101. 

Sincerely, 

Barbara Desjardins 

AUG 2 5 ZM1 

• Recehe&Fite 

P CilyEBfjiflsa 

• City Piaster 

d 

Treasurer 

Chair, Te'mexw Treaty Advisory Committee 

Enclosure 

pc: Administrator/CAO 

r_3 

fittanMee 

P17

Township of Esquimalt 

1229 Esquimalt Rd. 

Victoria BC V9A3P1 

mmmm 1 

INV00996 

2011-08-19 

Bill to: 


2ND FLOOR, 877 GOLDSTREAM AVE 

VICTORIA BC V9B 2X8 

Attention: 


2ND FLOOR, 877 GOLDSTREAM AVE 

VICTORIA BC V9B2X8 

j On receipt 

TTAC 2011 

CIT002 

FIN II 

i l i a 

1.00 TAC001 TE'MEXW TREATY ADVISORY COMMITTEE 2011 FEE each $0.00 ,000.00 $3,000.00 

GST/HSTR1 06985047 

INTEREST/ \T 1.5% PER W yiONTH (19.56% PER ANNUM) 

WILL BE CH ARGED ON P AST DUE BALANCES 

Mmmmmm 

•immmrnm 

53.000.UU 

$0.00 

$0.00 

$0.00 

$0.00 

$3,000.0Qp




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



(RESIDENTIAL SMALL LOT 3) ZONE the property legally described as Lot 10, Section 84, 

Esquimalt District, Plan 22027; as shown shaded on Plan No. 1 attached to and forming part of 

this Bylaw. 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 310, (961 and 

963 Isabell Avenue), 2011". 

READ A FIRST TIME this 15th day of August, 2011. 






MAYOR 


CORPORATE OFFICER

BylawNo. 1339 

Pane 2 of 2 

l HEREBY CERTIFY THIS TO BEATRUECOPY 



MAYOR 

ADOPTION: 


Scale: N.T.S. Last Revised: August 2,2011


ROAD CLOSURE BYLAW NO. 1340, 2011 

Road Closure Bylaw 

WHEREAS, pursuant to Section 40 of the Community Charter, Councii may, by 

byiaw, close a portion of a highway to traffic and remove the dedication of the 

highway, if prior to adopting the bylaw, Council publishes notices of its intention in a 

newspaper and provides an opportunity for persons who consider they are affected 

by the bylaw to make representations to Council; 

AND WHEREAS the Council of the City of Langford deems it expedient to close to 

traffic and remove the dedication of highway of a portion of highway comprised of 

approximately 107.8 square metres known as Vista Dawn Place dedicated as 

highway by Plan 27882 that is shown outlined in bold black on the reference plan 

prepared by Jason Kozina, B.C.L.S., on the 8th day of March, 2011, a reduced copy 

of which is attached hereto as Schedule "A" (the "Road Closure Plan"), provided the 

closed road is consolidated with the adjacent property owned by Limona 

Construction Ltd. legally described as PID 028-531-612, Lot 1 Section 1 Goldstream 

District Plan VIP88754 (the "Adjacent Parcel"); 

AND WHEREAS Limona Construction Ltd. will, in exchange for the closed road, 

transfer to the City the land described as Lot 2 on the Proposed Subdivision Plan 

prepared by Island Land Surveying Ltd on the 8th day of March, 2011, a reduced 

copy of which is attached hereto as Schedule "B" (the "New Lot") and the New Lot 

will be leased by the City to Limona for a term of five years; 

AND WHEREAS notices of Council's intention to close that portion of Vista Dawn 

Place to traffic and to remove its dedication as highway and dispose of the closed 

road and lease the New Lot were published in a newspaper and posted in the public 

notice posting place, and Council has provided an opportunity for persons who 

consider they are affected by the closure and disposition to make representations to 

Council; 

AND WHEREAS Council does not consider that the closure of the closed road will 

affect the transmission or distribution facilities or works of utility operators; 

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, 

enacts as follows: 

1 The City hereby authorizes the closure to traffic and removal of highway 

dedication of the 107.8 square metre portion of highway (which was 

dedicated as highway at the Victoria Land Title Office by Plan 27882) in bold 

black and labelled "Part Section 2 Closed Road" on the Road Closure Plan 

(the "Closed Road"). 

2. On deposit of the Road Closure Plan and all other documentation for the 

closure of the Closed Road in the Victoria Land Title Office, the Closed Road 

httpi/Zsharepoint/sites/EngReportsêport/SSOÔ COUNCHy2011/6Sepll/Bylaw 1340 - Vista Dawn Place (Amy Road) Road 

Closure.doox 

P174



is closed to public traffic, it shall cease to be public highway, and its 

dedication as a highway is cancelled. 

3. The City of Langford is hereby authorized to dispose of and convey the 

Closed Road in fee simple to Limona Construction Ltd. on the condition that 

the Closed Road is consolidated with the Adjacent Parcel and in exchange for 

fee simple title to the New Lot, and the City of Langford is further authorized 

to lease the New Lot to Limona Construction Ltd. 

4. The Mayor and the Administrator of the City are authorized to execute all 

deeds of land, plans and other documentation necessary to effect this road 

closure, land exchange and lease. 

5. This Bylaw may be cited as "Vista Dawn Place (Amy Road) Road Closure 

BylawNo. 1340", 2011. 

READ A FIRST TIME this day of , 2011. 

READ A SECOND TIME this day of , 2011. 

READ A THIRD TIME this day of , 2011. 

APPROVED BY THE MINISTER OF TRANSPORTATION, this 

, 2011 (Approval No. ) 

day of 


Mayor 

Corporate Officer

SCHEDULE "A" - Road Closure Plan 

REFERENCE PLAN TO ACCOMPANY THE CITY OF LANGFORD 

ROAD CLOSURE BYLAW No. OF PART OF VISTA DAWN PLACE. 

SECTION 2. GOLDSTREAM DISTRICT. PLAN 27882. 

PURSUANT TO SECTION 120 OF THE LAND TITLE ACT 


PLAN VIP 

f»CTi«f Jl ff» lad Trr CCkt at IWtrta. 

BC WJ guy " Cn. 

StMEMsSOH. A! deforces ae it metres. 

Kuan. 

TV. /xfcn i*r »*nr fviytitxt I**./ J**a H*Si, 

It. dr^lifltcnt KIO AJ (EWSJ W t o i p 

Mf» liWW* * W COW.* UTViWTI H«WI «•» 

* 

IV» En dir >r 

rai. 

•a 

http^/sharepoint/sitesffingReporls/Report/550-20 COUNCIL/2011/6Sepll/Bylaw 1340 - VistaDawn Place (Amy Road) Road CIosure.docx 

01

SCHEDULE "B" - Subdivision Plan 


Page 4 of4



A BYLAW TO AUTHORIZE A REVITALIZATION TAX EXEMPTION PROGRAM 

WHEREAS under the provisions of Section 226 ofthe Community Charter, the Municipal Council ofthe 

City of Langford may, by bylaw, establish a revitalization tax exemption program; 

WHEREAS Council wishes to establish a revitalization tax exemption program in the City Centre, shown 

in bold outline on Schedule 'A'; 

WHEREAS Council's objectives for the revitalization tax exemption program in the City Centre are to 

support and encourage the construction of rental housing in the community; 

WHEREAS the Community Charter provides that a revitalization tax exemption program bylaw may only 

be adopted after notice ofthe proposed bylaw has been given in accordance with Section 227 ofthe 

Community Charter and Council has given this notice; 

The Council of the City of Langford, in open meeting assembled, enacts as a bylaw under s. 226 of the 

Community Charter as follows: 

1.0 In this Bylaw: 

"Agreement" means a revitalization tax exemption agreement between the owner of a parcel and the 

City, substantially in the form attached to, and forming part of, this bylaw as Schedule 'B;' 

"City" means the City of Langford; 

"Housing Agreement" includes terms and conditions agreed to by the City and the owner regarding the 

timing of construction, density of development and the occupancy of the housing units identified in the 

agreement, including but not limited to terms and conditions respecting the form of tenure ofthe 

housing units; 

"Parcel" has the same meaning as in the Community Charter and, for the purposes of this bylaw, means 

a parcel situated within the Revitalization Area; 

"Project" means the construction of a new rental housing development in the form of multi-family 

apartment housing, with a minimum density of 1.0 Floor Space Ratio (FSR) and a minimum number of 

units per building of 10, and the units must be rented to members ofthe general public; 

"Revitalization Area" means the area within the bold outline on the drawing which is attached as 

Schedule 'A' to this bylaw; 

"Schedule" means a schedule attached to this bylaw; 

"Tax Exemption" means a revitalization tax exemption for which a Tax Exemption Certificate has been 

issued; and 

"Tax Exemption Certificate" or "Certificate" means a revitalization tax exemption certificate issued by 

the City pursuant to this bylaw and pursuant to the provisions of Section 226 of the Community Charter, 

substantially in the form attached to, and forming part of, this Bylaw as Schedule 'C



2.0 There is hereby established a revitalization tax exemption program under Section 226 ofthe 

Community Charter for the granting of Tax Exemptions and the issuance of Tax Exemption 

Certificates for Parcels in accordance with the terms and conditions prescribed in this bylaw. 

3.0 The terms and conditions upon which a Tax Exemption Certificate may be issued are 

prescribed in sections 6.0 and 7.0 ofthe Bylaw, and the specific terms and conditions 

applicable to a specific Parcel must be included in the Agreement and in the Tax Exemption 

Certificate for that Parcel. 

4.0 The amount ofthe annual Tax Exemption over the period for which the Tax Exemption 

Certificate is issued shall be equal to the tax on the 100% ofthe assessed value of 

improvements on the Parcel. 

5.0 The City of Langford is committed to delivering newer forms of housing and increasing the 

rental housing stock in the community. The goals ofthe revitalization tax exemption program 

established by this Bylaw are to: 

(a) 

(b) 

(c) 

Build inclusive neighbourhoods and encourage residential investment and increase 

density in the City Centre; 

Provide affordable housing options that meet the needs of a diversity of income groups 

by supporting a mix of housing types and tenures; and 

Increase the rental housing stock and encourage the construction of new purpose-built 

rental housing in the City Centre. 

The tax revitalization tax exemption program established by this bylaw is intended to be an 

incentive to encourage the construction of higher density rental housing in the form of infill 

development in the City Centre. 

6.0 In order for a Project to be considered by Council for an Agreement the following terms and 

conditions must be met: 

(a) 

all conditions of a valid Development Permit and/or Building Permit for the Project 

must have been completed; 

(b) 

the Project must be rental housing in the form of multi-family apartment housing with a 

minimum density of 1.0 Floor Space Ratio (FSR) and a minimum number of units per 

building of 10, and the units must be rented to members ofthe general public for a 

period of not less than ten (10) years; 

(c) 

the owner must enter into a Housing Agreement with the City requiring that the 

housing is constructed by building permit issued in 2009, and at the framing stage 

within 6 months of building permit being issued, that the rental housing will be in the 

form of multi-family apartment housing, with a minimum density of 1.0 Floor Space

BylawNo. 1346 


Ratio (FSR) and a minimum number of units per building of 10, and the units will be 

rented to members ofthe general public for a period of not less than ten (10) years; and 

(d) 

the Project shall comply with all eligibility criteria specified within the Revitalization Tax 

Exemption Agreement Schedule 'B' attached to, and forming part of, this bylaw. 

7.0 The maximum term of a Tax Exemption is dependent upon when the Tax Exemption Certificate 

for the Parcel is issued by the Director of Finance pursuant to the Bylaw and applicable 

Agreement according to the following requirements and, in any case must not exceed 10 

years: 

(a) if the Certificate is issued by the City and entered on the assessment roll on or before 

October 31, 2011, then the Tax Exemption will be available for the 2012 calendar year 

and for the 9 subsequent calendar years; and 

(b) 

if the Certificate is issued by the City and entered on the assessment roll on or before 

October 31,2012, then the Tax Exemption will be available for the 2013 calendar year 

and for the 9 subsequent calendar years. 

8.0 Application for a Tax Exemption and confirmation of Project completion must be submitted in 

a form acceptable to the Financial Officer no later than July 31 ofthe years 2011,2012,2013, 

2014, or 2015 in order for the Certificate to be entered on the assessment roll for the period 

of time indicated in Section 7.0. 

9.0 If an owner of a parcel wishes Council to consider entering into an Agreement with the owner, 

the owner must apply to the City in writing and must submit the following: 

(a) 

a completed application form as provided by the City and available at the Planning 

Department; 

(b) 

a certificate that all taxes assessed and rates, charges and fees imposed on the parcel 

have been paid, and where taxes, rates or assessments are payable by instalments, that 

all instalments owing at the date of application have been paid; and 

(c) 

a description ofthe Project and confirmation that all conditions of Development Permit 

and/or Building Permit have been completed. 

10.0 If, pursuant to the terms and conditions specified in the Agreement or the Tax Exemption 

Certificate, the Certificate is cancelled, the owner ofthe property for which the Certificate was 

issued will remit to the City, no later than 30 days after the date ofthe cancellation ofthe 

Certificate, an amount equal to the amount ofthe Tax Exemption received after the date of 

the cancellation ofthe Certificate. 

11.0 The Director of Finance for the City of Langford, or the Director's designate, is the designated 

municipal officer for the purpose of Section 226 ofthe Community Charter. 

P180

BylawNo. 1346 


12.0 The Schedules to this bylaw form a part of, and are enforceable in the same manner as, this 

bylaw. 

13.0 This Bylaw may be cited, for all purposes, as "City of Langford Revitalization Tax Exemption 

Bylaw No. 1346." 






MAYOR 

{Certified Correct) 

CORPORATE OFFICER

BylawNo. 1346 


Schedule "A" 

VIS7064 Strata Lots 1-57 

906 Brock Ave 

Scale: N.T.S. 

L a s t 

Revised: August 25,2011 

P182

BylawNo. 1346 


Schedule "B" 

REVITALIZATION TAX EXEMPTION AGREEMENT 

THIS REVITALIZATION TAX EXEMPTION AGREEMENT dated as of the day of , 2011 

BETWEEN: 


2X8 

Floor - 877 Goldstream Avenue, Langford, B.C. V9B 


AND: 

[insert owner name and mailing address] 

(the "Owner") 

WHEREAS: 

A. The City has established, by "City of Langford Revitalization Tax Exemption Bylaw No. 1346" 

(the "Bylaw"), a revitalization tax exemption program pursuant to section 226 of the 

Community Charter to provide an incentive for the construction of higher density rental housing 

in the City Centre; 

B. The Owner has constructed a multi-family development on the properties legally described as: 

[insert PID and legal description of property] 

(the "Project"); 

C. The Owner has registered a housing agreement in the form of a section 219 covenant in favour 

of the City to designate the dwelling units in the Project for rental use only; 

D. The Owner has applied to the City to partake in the revitalization tax exemption program in 

respect of this Project and the City has agreed to accept the Project under the program; 

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration ofthe premises and ofthe 

mutual covenants and agreements herein contained (the receipt and sufficiency of which are hereby 

acknowledged), the parties covenant and agree with each other as follows: 

1. OWNER'S COVENANTS - The Owner will use its best efforts to ensure that: 

(a) 

(b) 

The Project is constructed by building permit issued in 2009, and at the framing stage 

within 6 months of building permit being issued, 

The Project will be in the form of multi-family apartment housing, with a minimum 

density of 1.0 Floor Space Ratio (FSR) and a minimum number of units per building of 

10,

BylawNo. 1346 


(C) 

(d) 

(e) 

The units contained within the Project will be rented to members ofthe general public 

for a period of not less than ten (10) years; 

Throughout the term ofthe Tax Exemption, the Owner must operate, repair and 

maintain the Project and will keep the Project in a state of good repair as a prudent 

owner would do; and 

In the event that any unit within the Project ceases to be available for rent to members 

ofthe general public before the expiry ofthe ten (10) year period in 1(c), the exempted 

taxes for the current year will be payable by the Owner to the City. 

2. REVITALIZATION TAX EXEMPTION - 

(a) 

Subject to fulfillment ofthe conditions set out in this Agreement and in the Bylaw, the 

City will issue a revitalization tax exemption certificate (the "Certificate") to the Owner 

entitling the Owner to a property tax exemption in respect ofthe Project (the "Tax 

Exemption") in an amount and for the calendar years set out in this Agreement. The 

Certificate will be in the form attached as Schedule "C" to the Bylaw. 

3. TERM OF REVITALIZATION TAX EXEMPTION -Subject early cancellation ofthe Certificate under 

section 6: 

(a) 

(b) 


October 31, 2011, then the Tax Exemption will be available for the 2012 calendar year 

and for the 9 subsequent calendar years; and 


October 31,2012, then the Tax Exemption will be available for the 2013 calendar year 

and for the 9 subsequent calendar years. 

4. COMPLIANCE WITH LAWS - The Owner will construct the Project and, at all times during the 

term ofthe Tax Exemption, use and occupy the Project in compliance with all statutes, laws, 

regulations and orders of any authority having jurisdiction and, without limiting the generality 

ofthe foregoing, all federal, provincial, or municipal laws or statutes or bylaws, including all the 

rules, regulations, policies, guidelines, criteria or the like made under or pursuant to any such 

laws. 

5. EFFECT OF STRATIFICATION - If the Owner stratifies the Project under the Strata Property Act 

the Tax Exemption shall be prorated among the strata lots in accordance with the unit 

entitlement of each strata lot for: 

(a) 

(b) 

the current and each subsequent tax year during the currency of this Agreement if the 

strata plan is accepted for registration at the Land Title Office before May 1; or 

for the next calendar year and each subsequent tax year during the currency of this 

Agreement if the strata plan is accepted for registration at the Land Title Office after 

May 1. 

P184

BylawNo. 1346 


6. CANCELLATION - The City may in its discretion cancel the Certificate at any time: 

(a) 

(b) 

on the written request ofthe Owner; or 

effective immediately upon delivery of a notice of cancellation to the Owner if at any 

time any ofthe conditions in the Certificate or this Agreement and are not met. 

7. NO REFUND - For greater certainty, under no circumstances will the Owner be entitled under or 

pursuant to this Agreement or under or pursuant to the revitalization tax exemption program to 

any cash credit, any carry forward tax exemption credit or any refund for any property taxes 

paid. 

8. NOTICES - Any notice or other writing required or permitted to be given hereunder or for the 

purposes hereof to any party shall be sufficiently given if delivered by hand or posted on the 

Project personally, or if sent by prepaid registered mail (Express Post) or prepaid courier or if 

transmitted by facsimile to such party: 

(a) 

in the case of a notice to the City, at: 


877 Goldstream Avenue, 2nd floor 

Victoria, BCV9B2X8 

Attention: Administrator 

Facsimile: (250) 478-7864 

(b) 

in the case of a notice to the Owner, at: 

Attention: 

Facsimile: 

or at such other address or addresses as the party to whom such notice or other writing is to be given 

shall have last notified the party giving the same in the manner provided in this section. 

Any notice or other writing sent in compliance with this section shall be deemed to have been given and 

received on the day it is so delivered given unless that day is not a Business Day, in which case the 

notice shall be deemed to have been given and received on the next day that is a Business Day. In this 

section, "Business Day" means any day other than Saturday, Sunday, any statutory holiday in the 

Province of British Columbia or any day on which banks generally are not open for business in 

Vancouver, British Columbia. 

9. NO ASSIGNMENT-The Owner may not assign its interest in this Agreement except to a 

subsequent owner in fee simple of the Project. 

10. SEVERANCE- If any portion of this Agreement is held invalid by a court of competent 

jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect 

the validity ofthe remainder of this Agreement. 

P185



11. INTERPRETATION - Wherever the singular or masculine is used in this Agreement, the same shall 

be construed as meaning the plural, the feminine or body corporate where the context or the 

parties thereto so required. 

12. FURTHER ASSURANCES - The parties hereto shall execute and do all such further deeds, acts, 

things and assurances that may be reasonably required to carry out the intent of this 

Agreement. 

13. WAIVER - Waiver by the City of a default by the Owner shall be in writing and shall not be 

deemed to be a waiver of any subsequent or other default. 

14. POWERS PRESERVED - This Agreement does not: 

(a) 

(b) 

(c) 

affect or limit the discretion, rights or powers ofthe City under any enactment {as 

defined in the Interpretation Act {British Columbia) on the reference date of this 

Agreement) or at common law, including in relation to the use or subdivision of the 

Project; 

affect or limit any enactment relating to the use or subdivision of the Project, or 

relieve the Owner from complying with any enactment, including in relation to the use 

or subdivision ofthe Project, and without limitation shall not confer directly or 

indirectly any exemption or right of set-off from development cost charges, connection 

charges application fees, user fees or other rates, levies and charges payable under any 

bylaw ofthe City. 

15. REFERENCES - Every reference to each party is deemed to include the heirs, executors, 

administrators, personal representatives, successors, assigns, servants, employees, agents, 

contractors, officers, licensees and invitees of such party, wherever the context so requires or 

allows. 

16. ENUREMENT - This Agreement shall enure to the benefit of and be binding upon the parties 

hereto and their respective successors and permitted assigns. 

IN WITNESS WHEREOF the parties hereto have executed this Agreement as ofthe day and year first 

above written. 

Signed, Sealed and Delivered by the CITY OF 

LANGFORD by its authorized signatories: 

Mayor: 

Administrator: 

Signed, Sealed and Delivered by 

P186

BylawNo. 1346 


by its authorized signatories: 

Name: 

Name:

BylawNo. 1346 


Schedule "C" 

REVITALIZATION TAX EXEMPTION CERTIFICATE 

Section 226 ofthe Community Charter 

In accordance with the City of Langford Revitalization Tax Exemption Bylaw No. 1346, 2011, and in 

accordance with a Revitalization Tax Exemption Agreement dated for reference the day of , 

20„ (the "Agreement") entered into between the City of Langford (the "City") and Malcolm Hall (the 

"Owner")/ the registered owner(s) of the property described below, this certificate certifies that the 

Property (as defined below) is subject to a revitalization tax exemption in an amount equal to the tax or 

100% ofthe assessed value of improvements on the Property. 

The Property to which the Tax Exemption applies is in the City of Langford and is legally described as: 

PID 

,[insert legal description] (the "Property"). 

The Tax Exemption is for the 10 calendar years commencing with the year 2012 and ending with the 

year 2021. 

The Tax Exemption is provided on the following conditions: 

1. the Owner does not breach any covenant or condition in the Agreement and performs all 

obligations to be performed by the Owner set out in the Agreement; 

2. the Owner has not sold all or any portion of his or her equitable or legal fee simple interest in 

the Property without the transferee taking an assignment ofthe Agreement, and agreeing to be 

bound by it; 

3. the Owner, or a successor in title to the Owner, has not allowed the property taxes for the 

Property to go into arrears or to become delinquent; 

4. the Owner, or a successor in title to the Owner, does not apply to amend the Zoning Bylaw No. 

300 to rezone the Property from its MUIA zoning to any other zone; 

5. the Property is not put to any use that is not permitted in the MUIA zone; or 

6. the use ofthe Project for rental housing is not discontinued. 

If any of these conditions are not met then the Council ofthe City may cancel this Revitalization Tax 

Exemption Certificate.


Planning and Zoning 


Victoria, BC V9B 2X8 

e-mail: planning@cityoflangford.ca 

website: http://cityofiangfQrci.ca 

phone: 250.474.6919 

fax: 250.391.3436 

Staff Report 

to 

Council 

Date: 

File: 

Subject: 

September 62011 

Z-10-17 

BYLAW 1347; Application to rezone the property at 960 Isabell Avenue from 

R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) in 

order to create a 4-lot Residential Subdivision 

At their Regular Meeting of July 18 th , 2011, Council passed the following resolution with respect 

to the properties at 960 and 964/966 Isabell Avenue, whereby the original bylaw was rescinded 

and the properties uncoupled to allow the two properties to develop independently as per each 

owner's schedule: 

1. Rescind third, second and first reading of Bylaw No. 1327, and give first readings to 

Bylaw Nos. 1347 and 1348 as presented to rezone the properties at 960 and 964/966 

Isabell Avenue respectively, from the R2 (One- and Two-Family Residential) zone to the 

RS3 (Residential Small Lot 3), zone subject to the following terms and conditions: 

a. That as a bonus for increased density on the subject property, the owners of the 

lands agree to provide the following contributions prior to bylaw adoption: 

i. $9,300 per dwelling unit to the General Amenity Reserve fund; (Paid) 

ii. $4.19 per m 2 of site area towards off-site drainage; (Paid) 

iii. 5% cash-in-lieu of park space dedication as per Section 941 of the Local 

Government Act and that it not be DCC creditable. (Payable at the time 

of subdivision) 

b. That the applicant and owner of 960 Isabell Avenue provide a new subdivision 

plan priorto public hearing that demonstrates the subdivision layout plan and that 

the utilities' can fit in the proposed municipal roadway to the standards of 

Subdivision and Development Servicing Bylaw No. 1000; (concept plan 

provided, however, road design and utilities corridors must to be 

demonstrated as per Bylaw 1000 as a condition of subdivision) 

c. That the owners of 964/966 Isabell provide a Section 219 covenant, registered in 


i. Renovate the existing duplex at 964/966 Isabell Avenue including a 

fagade and roof upgrade to the satisfaction of the City Planner and that 

P189

Subject: Z-10-17, 960 Isabel! Avenue 

September6, 2011 

Page 2 of 3 . 

COMMENTS 

this will be completed prior to issuance of a building permit on the subject 

property; and 

ii. Shall register on title a non-disturbance covenant for the Streamside 

Protection Enhancement Area (SPEA) based on the RAR Assessment 

Report prepared by Patrick Lucey dated June 30 th , 2010. 

(Items c. i-ii will be completed if the owner of 964/966 Isabell chooses 

to complete the rezoning process (Bylaw No 1348)) 

d. That the owner of 960 Isabell provide a Section 219 covenant, registered in 


i. Register on title a non-disturbance covenant for the Streamside 

Protection Enhancement Area (SPEA) based on the RAR Assessment 

Report prepared by Patrick Lucey dated June 30 th , 2010. 

(Secured by Covenant - see comments) 

Item 1. B. 

It was Council's resolution that the applicant and owner of 960 Isabell Avenue provide a new 

subdivision plan prior to public hearing that demonstrates the subdivision layout plan and that 

the utilities can fit in the proposed municipal roadway to the standards of Subdivision and 

Development Servicing Bylaw N a 1000. A sketch plan was provided by the applicant's civil 

engineer, however, it wasn't formalized. The applicant is proposing that the road design and 

utilities corridors be demonstrated as per convention, to the standards of Bylaw H-1000 priorto 

subdivision approval. 

Item 1. d.i. 

The applicant has given the City an unrestricted Letter of Undertaking to register the Sec. 219 

covenant against the title of the subject property that secures the non-disturbance SPEA area 

as described in item Id). 

Bylaw No. 1347 was signed by the Minister of Transportation on September 1 st , 2011. 

Now that all of Council's resolutions have been satisfied and secured, Council may wish to 

proceed to give final reading of Bylaw N 2 1347. 

OPTIONS 

That Council: 

OR 

1. Adopt Bylaw No. 1347; 

2. Take no action at this time with respect to Bylaw No. 1347. 

httpflsbarepo}nMes/ZontngOCP/Z-1M7/Shared 

Documents/Final Report - Sept 6.doc 

P190

Subject: Z-10-17, 960 Isabell Avenue 

September 6, 2011 


:gi 

http-J/sharepolnMes/ZonlngOCP/Z-10-17/ShafBd 

Documents/Fina! Report-Sept fi.ctoc 

P191







(RESIDENTIAL SMALL LOT 3) ZONE the property legally described as Lot 3, Section 84, Esquimalt 

District, Plan 22027; in the portions as shown shaded on Plan No. 1 attached to and forming 

part of this Bylaw. 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 313, (960 

Isabell Avenue), 2011". 

READ A FIRST TIME this 18 th day of July, 2011. 

PUBLIC HEARING held this 15 th day of August, 2011. 

READ A SECOND TIME this 15 th day of August, 2011. 

READ A THIRD TIME this 15 th day of August, 2011. 

APPROVED BY THE MINISTRY OF TRANSPORTATION this 1st day of September, 2011. 


MAYOR 


CORPORATE OFFICER

BylawNo. 1347 


I HEREBY CERTIFY THIS TO BE ATRUE COPY 



MAYOR 

ADOPTION: . 


Scale: N.T.S. Last Revised: June 14,2011



A BYLAW TO AMEND BYLAW NO. 1000 

"LANGFORD SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1000" 

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

1. City of Langford Subdivision and Development Servicing Bylaw No. 1000 is amended as follows: 

i. Revise Section 4.0 Definitions to read: 

"Development" means any improvement to residential, commercial, industrial, 

institutional or municipal lands, highways and rights-of-way, with the exception 

of: 

either: 

i. the alteration or repair of a residential building; or 

ii. the alteration or repair of a building that is accessory to a residential 

building; 

provided that: 

a. the construction, alteration or repair is pursuant to a building permit or is 

exempt from the requirement of a building permit; and 

b. the construction or alteration is not for the purpose of creating an 

additional dwelling unit or units, either in the form of a separate real 

estate entity, duplex unit or accessory secondary suite; and 

c. the construction does not create a cumulative total of more than 70m 2 

(750 ft 2 ) of new gross floor area from the date of September 15,2011." 

2. This Bylaw may be cited as "Subdivision and Development Servicing Bylaw, Amendment No. 3, 

Bylaw No. 1352,2011". 


READ A SECOND TIME this 15 th day of August, 2011. 

READ A THIRD TIME this 15 th day of August, 2011. 


MAYOR 

CORPORATE OFFICER



A BYLAW TO AMEND BYLAW NO. 300 7 LANGFORD ZONING BYLAW, 1999" 


A. Langford Zoning Bylaw No. 300, 1999 is amended in respect of the CD2 (Comprehensive 

Development 2 - Hulls Field) Zone as follows: 

1. By inserting the following in Section 6.91.01(2) in alphabetical order: 

(ii) on land legally described as Lot 2, Section 80, Esquimalt District, Plan VIP83598 PID 027-183- 

033 (128-1047 Langford Parkway) a u-brew brewery is permitted. 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 317, (128- 

1047 Langford Parkway), 2011". 

READ A FIRST TIME this 18 th day of July, 2011. 






MAYOR 


CORPORATE OFFICER


Planning and Zoning 


Langford, BC V9B2X8 

e-mail: planning@cityoflangford, ca 

website: http://cityofiangford.ca 

phone: 250.474.6919 

fax: 250.391.3436 

Staff Report 

to 

Council 


Files: 

Subject: 

Z10-0005 andZ11-0015 

Bylaw No.'s 1356,1357 and 1370 - Applications to Rezone the Properties at 

3371, 3377 & 3379 and 3385 Happy Valley Road from AG1 (Agriculture 1) 

and GR2 (Greenbelt Residential 2) to RM7B (Medium-Density Apartment B) 

to Allow for Townhouse Units and One-Family Lots 

On August 22 nd , 2011, the Planning, Zoning and Affordable Housing Committee recommended: 

That Council proceed with this rezoning [3385 Happy Valley Road] by giving first reading to Bylaw No. 

1356 to amend the zoning ofthe subject property from AGl (Agriculture 1) to RM7A (Medium-Density 

Apartment A) in order to accommodate development ofthe property with townhouses and single family 

lots, subject to the following terms and conditions: 

a) That the owner agrees to provide the following contributions, at the time of Building Permit 

for multi-family units and at the time of Subdivision for one-family lots, to the General 


i) $4.96 per m z of site area; 

ii) $9,300 per residential unit or lot in excess ofl; and 

iii) An amount, equal to 10% of the total market value of the property after 

rezoning, in lieu of Open Space dedication; 

b) That staff and the applicant determine the portion of the property that is to be used for 


Bylaw Adoption, to the satisfaction ofthe City Engineer; 

c) That the applicant update the traffic study for the Happy Valley Road corridor by including 

the proposed density on the subject property, prior to Bylaw Adoption; 

d) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, registered in 


i) That the applicant dedicate a portion ofthe property's road frontage along Happy Valley 

Road to the City as road dedication, to the satisfaction of the City Engineer, at the time 

of subdivision; 

ii) That flex units may not be subdivided into their a real estate entity that is separate and 

apart from the principal unit that they form part of; 

iii) That the applicant will maintain the normal drainage system of the subject properties 

and regulate both the quality and quantity of storm water run-off from the site, as a 

condition of rezoning; and 

iv) That legal noise nuisance from the South Vancouver Island Rangers gun range and 

nuisances from agricultural uses in the area be acknowledged. 

P196

Z10-0005 and Z11-0015 - 3385 and 3371, 3377 & 3379 Happy Valley Road 



_ 

AND 

That Council proceed with this rezoning [3371, 3377 and 3379 Happy Valley Road] by giving first reading 

to Bylaw No. 1357 to amend the zoning of the subject properties from AGl (Agriculture 1) and GR2 

(Greenbelt Residential 2) to RM7A (Medium-Density Apartment A) in order to accommodate 

development of the property with townhouses, flex units and single family lots, subject to the following 


a) That the owner agrees to provide the following contributions, prior to issuance of a 

Building Permit, to the General Amenity Reserve Fund: 


ii) $9,300 per residential unit in excess of 3 units; and 

iii) an amount, equal to 10%, minus the area to be dedicated for trail purposes, of 

the total market value ofthe property after rezoning, in lieu of Open Space 

dedication; 

b) That staff and the applicant determine the portion ofthe property that is to be used for 


Bylaw Adoption, to the satisfaction ofthe City Engineer; 

c) That the applicant update the traffic study for the Happy Valley Road corridor by 

including the proposed density on the subject properties, prior to Bylaw Adoption; 

d) That the applicant provide, prior to Bylaw Adoption, a Section 219 covenant, registered 

in priority over all other charges on title, that agrees to the following: 

i) That the applicant dedicate a portion of the properties 7 road frontage along 

Happy Valley Road to the City as road dedication, to the satisfaction ofthe City 

Engineer, at the time of subdivision; 

ii) 

iii) 

iv) 

That flex units may not be subdivided into a real estate entity that is separate 

and apart from the principal unit that they form part of; 

That the applicant dedicate a 3 metre wide strip of land to the City, between the 

park to the east and a municipal sidewalk on site, and construct a trail and 

fencing within this area, and provide signage to direct the public to the trail, to 

the satisfaction ofthe Parks Manager, at the time of subdivision; 

That the applicant provide a 3 metre wide Statutory Right-of-Way, between a 

municipal sidewalk on site and a sidewalk along Happy Valley Road, and 

construct a trail within this Right-of-Way, and provide signage to direct the 

public to the trail, to the satisfaction of the City Engineer and Parks Manager, at 

the time of subdivision; 

v) That the applicant will maintain the normal drainage system ofthe subject 

properties and regulate both the quality and quantity of storm water run-off 

from the site, as a condition of rezoning; and 

vi) 

That legal noise nuisance from the South Vancouver Island Rangers gun range 

and nuisances from agricultural uses in the area be acknowledged. 

htlp^/sharepoint/sites/ZonlngOCPJZ-IO-05/Shared Documents/1st Reading - 6Sep11.doc

Z10-0005 and Z11-0015 - 3385 and 3371, 3377 & 3379 Happy Valley Road 


Page 3 of 3 _ . 

COMMENTS 

Staff have prepared Bylaw No.'s 1356 and 1357 in accordance with the recommendations of the 

Planning, Zoning and Affordable Housing Committee of August 22, 2011. However, rather than 

revise the existing RM7A zoning regulations to allow for single-family lots, staff have drafted 

Bylaw No. 1370 to create a new RM7B (Medium-Density Apartment B) zone. The RM7B zone 

allows for one-family dwellings and townhouse units, with or without flex units, on lots with an 

area of not less than 220 m 2 

(2,368 ft 2 ) in areas served by municipal sanitary sewers. 

Bylaw No. 1370, to create the RM7B (Medium-Density Apartment B) zone, will accompany 

Bylaw No. 1357, to rezone 3371, 3377 and 3379 Happy Valley Road to the RM7B zone, as any 

bylaw to create a new zone should be attached to a property. As two developments have 

applied to rezone to the RM7B zone, Bylaw No 1370 will accompany whichever development 

reaches the next reading in the rezoning process first, to avoid any delay to either rezoning 

application. 

As Council has not set any conditions that must precede first readings of these bylaws, Council 

may now wish to give Bylaw No.'s 1356, 1357 and 1370 first reading. 

Public hearings, in accordance with requirements of the Local Government Act, will be required 

if.Council wishes to proceed further with these Bylaws. 

OPTIONS 

That Council: 

1. Give first reading to Bylaw No. 1370 to create the RM7B zone; 

2. Give first reading to Bylaw No. 1357 to rezone 3371, 3377 and 3379 Happy Valley Road; 

3. Give first reading to Bylaw No. 1356 to rezone 3385 Happy Valley Road; 

OR 

4. Take no action at this time with respect to Bylaw No.'s 1370,1357 or 1356; 

Bob Beckett 

Fire Chief 

:ivdk 

httpj/sharepoint/sites/ZoningOCP/Z-10-05/Shared 

Documsnts/lst Reading - 6Sep11.doc 

P198






1. By deleting from the AGl (AGRICULTURE 1) ZONE and adding to the RM7B (MEDIUM-DENSITY 

APARTMENT B) ZONE the property legally described as Lot A, Section 85, Metchosin District, 

Plan 6532; as shown shaded on Plan No. 1 attached to and forming part of this Bylaw. 


Zone 

RM7B 

(Medium- 

Density 

Apartment B) 

Bylaw 


No. 

1356 Lot A, Section 85, 

Metchosin District, 

Plan 6532 (3385 

Happy Valley Road} 


a) $9,300 per single-family lot and per multi-family 

dwelling unit, in excess of one, towards the General 

Amenity Reserve Fund; 

b) $4.96 per m 2 of site area towards the General 

Amenity Reserve Fund; and 

c) An amount equal to 10% ofthe assessed value 

(post-rezoning) ofthe parcel to be developed 

towards the General Amenity Reserve Fund; 


Happy Valley Road), 2011". 






ADOPTED this day of, 2011.



MAYOR 

{Certified Correct) 

CORPORATE OFFICER



I HEREBY CERTIFY THIS TO BE A TRUE COPY 



MAYOR 

ADOPTION: 








1. By deleting from the AGl (AGRICULTURE 1) ZONE and the GR2 (GREENBELT RESIDENTIAL 2) 

ZONE and adding to the RM7B (MEDIUM-DENSITY APARTMENT B) ZONE the properties 

legally described as Lot A, Section 85, Metchosin District, Plan VIP78500 {3371 Happy Valley 

Road); Strata Lot A, Section 85, Metchosin District, Strata Plan V1S3467 (3377 Happy Valley 

Road); and Strata Lot B, Section 85, Metchosin District, Strata Plan VIS3467 (3379 Happy 

Valley Road); as shown shaded on Plan No. 1 attached to and forming part of this Bylaw. 


Zone 

RM7B 

{Medium- 

Density 

Apartment B) 

Bylaw 

No. 


1357 Lot A, Section 85, Metchosin ' 

District, Plan VIP78500 (3371 

Happy Valley Road); Strata Lot 

A, Section 85, Metchosin 

District, Strata Plan VIS3467 

(3377 Happy Valley Road); and 

Strata Lot B, Section 85, 

Metchosin District, Strata Plan 

VIS3467 {3379 Happy Valley 

Road) 


a) $9,300 per single-family lot and per 

multi-family dwelling unit, in excess of 

three, towards the General Amenity 

Reserve Fund; 

b) $4.96 per m 2 of site area towards the 

General Amenity Reserve Fund; and 

c) An amount equal to 10%, minus the 

area to be dedicated for trail purposes, of 

the assessed value (post-rezoning) ofthe 

parcel to be developed towards the 

General Amenity Reserve Fund; 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 320, (3371, 

3377, and 3379 Happy Valley Road), 2011". 






ADOPTED this day of, 2011.



MAYOR 


CORPORATE OFFICER






MAYOR 

ADOPTION: 

Scale: N.T.S. 

' 








1. By adding as Section 6.36B the text set out as Schedule "A". 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 329, (Text 

Amendment - New RM7B [Medium-Density Apartment B] Zone), 2011". 







MAYOR 


CORPORATE OFFICER

Byiaw No. 1357 


Schedule "A" to Bvlaw No. 1370 

Section 6.36B - Medium-Density Apartment B (RM7B) Zone 

The intent of the Medium-Density Apartment B Zone is to permit one-famiiy dwellings and townhouse 

dwelling units, with or without flex units, on lots with an area of not less than 220 m (2 368 ff) in areas 

served by community sanitary sewers. 

6.36B.01 Permitted Uses 

The following uses and no others are permitted in the Medium-Density Apartment B Zone: 

(1) accessory buildings and uses; 

(2) home occupation in accordance with Section 3.09; 

(3) temporary construction and real estate marketing offices; 

(4) townhouse dwelling units which may contain multi-family flex units; 

(5) uses permitted by section 3.01 of this Bylaw; and 

(6) one-family dwellings on lots with an area of no less than 220 m 2 (2368 ft 2 ) 

6.36B.02 Subdivision Lot Requirements 

(1) No lot having an area less than 220 m 2 (2368 ft 2 ) may be created by subdivision in the Medium-Density 

Apartment B (RM7B) Zone; 

(2) No lot may be created having a lot width less than 9 m (29.5 ft); 

6.36B.03 Regulations for Use for a One-Family Dwelling use 

With the exception of the density regulations listed in Section 6.36B.04 a One-Family Dwelling use will be 

subject to the regulations of the Residential Small Lot 3 (RS3) Zone and not the regulations of this zone. 

6.36B.04 Density of Development 

(1) There may not be more than three townhouse dwelling units on a lot, which may not have a combined 

floor area ratio greater than 0.5. 

(2) There may not be more than one one-family dwelling unit on a lot. 

(3) Notwithstanding subsection 6.36B.04(1), on land whose legal description is set out in Table 1 of 

Schedule AD, the density of development may exceed three townhouse dwelling units and a floor area 

ratio of 0.5 if the owner of the land proposed to be developed: 

(a) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a 

building permit. 

(4) Except as provided in article (5), buildings in the RM7B Zone developed pursuant to article (3) shall not 

exceed a floor area ratio of 1.0.



(5) The floor area ratio may be increased to 1.15 if the owner provides 50% ofthe parking spaces required 

by this Bylaw in an underground parking structure, and by an additional 0.02 to a maximum of 1.25 for 

every additional 5% ofthe parking spaces so provided. 

6.366.05 Lot Coverage 

Lot coverage of all buildings and structures may not exceed 35% unless the density bonus provisions of 

subsection 6.36B.04(3) have been met, in which case the lot coverage of all buildings and structures may 

not exceed 50 %. 

6.36B.06 Height and Size of Principal Use Buildings 

No townhouse dwelling unit may exceed a height of 9 m (30 ft). 

6.36B.07 Setbacks 

No building or structure may be located: 

(1) Within 7.5 m (25 ft) of any front lot line; 

(2) Within 3 m (10 ft) of any interior side lot line; 

(3) Within 7.5 m (25 ft) of any exterior side lot line; and 

(4) Within 3 m (10 ft) of any rear lot line; or 

(5) Within 7.5 m (25 ft) of any rear lot line, if that lot line abuts, or is separated only by a highway, from a 

lot that is zoned residential. 

6.36B.08 Landscape Screening 

The relevant regulations of section 3.21 of this Bylaw must apply. 

6.36B.09 General 

The relevant regulations of Part 3 of this Bylaw must apply.






1. By deleting from the R2 (ONE- AND TWO-FAMILY RESIDENTIAL) ZONE and the CTl (TOURIST 

COMMERCIAL 1) ZONE and adding to the MUIA (MIXED USE RESIDENTIAL COMMERCIAL A) 

ZONE the properties legally described as Lot B, Section 5, Esquimalt District, Plan 28421, Except 

Parts in Plans VIP62970, VIP65827 And VIP84875; Lot 3, Section 5, Esquimalt District, Plan 

11861, Except Parcel A (DD 73969-W) Thereof and Except Parts in Plans VIP62939 and 

VIP65827; Parcel A (DD 73969-W) of Lot 3, Section 5, Esquimalt District, Plan 11861, Except 


Parts in Plans VIP62912 and V1P65827; Lot 2, Section 5, Esquimalt District, Plan 11379, Except 


Parts in Plans VIP62914 and VIP65827; and Lot A, Section 5, Esquimalt District, Plan VIP86897; 

as shown shaded on Plan No. 1 attached to and forming part of this Bylaw. 


Zone 

MUIA 

(Mixed Use 

Residential 

Commercial A) 

Bylaw 

No. 


1358 Lot B, Section 5, Esquimalt District, Plan 

28421, Except Parts in Plans V1P62970, 

VIP65827 And VIP84875; Lot 3, Section 5, 

Esquimalt District, Plan 11861, Except Parcel 

A (DD 73969-W) Thereof and Except Parts in 

Plans VIP62939 and VIP65827; Parcel A 

(DD 73969-W) of Lot 3, Section 5, Esquimalt 


VIP62911 and VIP65827; Lot 1, Section 5, 

Esquimalt District, Plan 11379, Except Parts 

in Plans VIP62912 and VIP65827; Lot 2, 

Section 5, Esquimalt District, Plan 11379, 

Except Parts in Plans VIP62910 and 

VIP65827; Lot 3, Section 5, Esquimalt 


V1P62914 and VIP65827; and Lot A, Section 

5, Esquimalt District, Plan VIP86897 















contribution forthe 


shall be NIL.


' Page 2 of 3 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 321, {2741, 

2749, 2751, 2753, 2757, and 2761 Spencer Road and 996 Preston Way), 2011". 





APPROVED BY THE MINISTRY OF TRANSPORTATION this day.of , 2011. 


MAYOR 


CORPORATE OFFICER






MAYOR 

ADOPTION: 






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


1. By deleting from the R2 (ONE AND TWO-FAMILY RESIDENTIAL) ZONE and adding to the R4 

{ONE-FAMILY RESIDENTIAL 4) ZONE the property legally described as Lot 1, Section 112A, 

Esquimalt District, Plan EPP10940, as shown shaded on Plan No. 1 attached to and forming part 

of this Bylaw. 


Florence Lake Road), 2011". 







MAYOR 


CORPORATE OFFICER






MAYOR 

ADOPTION: — 


Scale: N.T.S. 




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



1. Adding the following as Section 3.08.02(6): "The surface parking space for the secondary suite 

shall be of a permeable surface such as permeable pavers, gravel, grass-crete or impermeable 

wheelpath surrounded by ground cover plantings for stormwater/infiitration and aesthetic 

purposes." 


accordingly: "On lots between 300 m z (3,229 ft 2 ) and 549 m 2 (5,909 ft 2 ) in area, the vehicle 

parking for the one-family dwelling must be contained within the accessory building and the 

one-family dwelling must not contain any vehicle parking spaces." 


accordingly: "If the parking space for the secondary suite is located between the accessory 

building and the side lot fine then the parking space shall be set back by a minimum of 0.2 m 

(0.7 ft) from the side lot line to provide adequate space to construct a privacy fence." 

4. Deleting current Section 3.08.04(6) and replacing it with the following: "Notwithstanding the 

definition of "height" in Part 1 and Section 3.05.02(3), the highest point of the roof of the 

accessory building containing a secondary suite may not exceed the height of 85% ofthe highest 

point ofthe roof of the one-family dwelling, as measured from the average finished grade ofthe 

lot." 

5. Deleting current Section 3.08.04(7) and replacing it with the following: "The accessory building 

in which the secondary suite is located must be sited at least 5 m (16 ft) from the one-family 

dwelling on the lot." 







8. Adding the following as Section 3.08.04(11): "Two abutting residential lots that are between 300 

m 2 (3, 229 ft 2 ) and 549 m 2 (5,909 ft 2 ) in area, with accessory buildings containing secondary



suites, and that do not have access by a laneway, must have shared driveways secured by a 

registered reciprocal access easement/' 




the roof of the one-family dwelling, as measured from the average finished grade ofthe lot." 

10. Deleting Section 6.103.06(3)(a) and replacing it with the following: "Within 5 m (16 ft) ofthe 




building containing a secondary suite may not exceed the height of 85% ofthe highest point of 




13. Deleting Guideline 1.4.4 in Appendix U: General Design Guidelines for Carriage Houses and 

replacing it with the following: "Notwithstanding the definition of "height" in Part 1 and Section 

3.05.02(3), the highest point ofthe roof ofthe accessory building containing a secondary suite 

may not exceed the height of 85% of the highest point of the roof of the principal one-family 

dwelling, as measured from the average finished grade ofthe lot." 

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 323, (Omnibus 

No. 23 - Secondary Suites in Accessory Buildings), 2011". 




READ A THIRD TIM E this day of, 2011. 



MAYOR 


CORPORATE OFFICER






1. By deleting from the RM2 (ATTACHED HOUSING) ZONE and adding to the MUIA (MIXED USE 

RESIDENTIAL COMMERCIAL A) ZONE the property legally described as Lotl, Section 1, 

Esquimalt District, Plan 39282; in the portions as shown shaded on Plan No. 1 attached to and 

forming part of this Bylaw. 


Zone 

MUIA 

(Mixed Use 

Residential 

Commercial A) 

Bylaw 

No. 


1362 Lot 1, Section 1, Esquimalt District, Plan 

39282 















contribution for the 


shall be NIL. 


Goldstream Avenue), 2011". 





P215





MAYOR 


CORPORATE OFFICER





IN SECTION Al OF BYLAW No.1362 

MAYOR 

ADOPTION: 








1. By deleting from the GR2 (GREENBELT RESIDENTIAL 2) ZONE and adding to the RS3 

(RESIDENTIAL SMALL LOT 3) ZONE and RT2 (RESIDENTIAL TOWNHOUSE 2) ZONE the properties 

legally described as Parcel A (DD 18154W) of Lot 7, Block 2, Section 84, Esquimalt District, Plan 

1524 (3262); and That Part of Lot 7, Block 2, Section 84, Esquimalt District, Plan 1524, Lying to 

the South West of a Straight Boundary Joining the Points of Bisection ofthe North Westerly and 

South Easterly Boundaries of Said Lot (3264); in the portions as shown shaded on Plan No. 1 

attached to and forming part of this Bylaw. 

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

Zone 

RS3 (Small Lot 

Residential 3) 

RT2 

(Residential 

Townhouse 2) 

Bylaw 

No. 

1363 

1363 


Parcel A (DD 18154W) of Lot 7, 

Block 2, Section 84, Esquimalt 

District, Plan 1524 (3262 Happy 

Valley Road); and That Part of Lot 

7, Block 2, Section 84, Esquimalt 

District, Plan 1524, Lying to the 

South West of a Straight Boundary 

Joining the Points of Bisection of 

the North Westerly and South 

Easterly Boundaries of Said Lot 

(3264 Happy Valley Road) 

Parcel A (DD 18154W) of Lot 7, 

Block 2, Section 84, Esquimalt 

District, Plan 1524 (3262 Happy 

Valley Road); and That Part of Lot 

7, Block 2, Section 84, Esquimalt 

District, Plan 1524, Lying to the 

South West of a Straight Boundary 

Joining the Points of Bisection of 

the North Westerly and South 

Easterly Boundaries of Said Lot 

(3264 Happy Valley Road) 


a) $9,300 per single-family lot, in 

excess of two, towards the 

General Amenity Reserve 

Fund; 

b) $5,308 towards the General 


c) An amount equal to 4% ofthe 

assessed value (post-rezoning) 

ofthe parcel to be developed 

towards the General Amenity 

Reserve Fund; 

a) $9,300 per multi-family 

dwelling unit towards the 

General Amenity Reserve 

Fund; 

b) $7,962 towards the General 


c) An amount equal to 6% ofthe 

assessed value (post-rezoning) 

ofthe parcel to be developed 

towards the General Amenity 

Reserve Fund;



B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 325 (3262 

and 3264 Happy Valley Road), 2011". 







MAYOR 


CORPORATE OFFICER



I HEREBY CERTIFYTHIS TO BEATRUE COPY 



MAYOR 

ADOPTION: 








1. By deleting from the AGl (AGRICULTURE 1) ZONE and adding to the R2A (ONE- AND TWO- 

FAMILY RESIDENTIAL) ZONE and the RS3 (RESIDENTIAL SMALL LOT 3) ZONE the property legally 

described as Lot A (DD H66959), Section 80, Metchosin District, Plan 10359; in the portions as 

shown shaded on Plan No. 1 attached to and forming part of this Bylaw. 

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

Zone 

RS3 (Small 

Lot 

Residential 

3) 

R2A (One- 

•and Two- 

Family 

Residential) 

Bylaw 

No. 

1365 

1365 


Lot A (DD H66959), 

Section 80, 


Plan 10359 {1004 

Fashoda Place) 

Lot A (DD H66959), 

Section 80, 


Plan 10359 (1004 

Fashoda Place) 


a) $9,300 per lot towards the General Amenity Reserve Fund; 

b) $3,803 towards the General Amenity Reserve Fund; and 

c) An amount equal to 3.7% ofthe assessed value (postrezoning) 

of the parcel to be developed towards the 


a) $9,300 per lot, in excess of one, towards the General 

Amenity Reserve Fund; 

b) $6,475 towards the General Amenity Reserve Fund; and 

c) An amount equal to 6.3% of the assessed value (postrezoning) 

ofthe parcel to be developed towards the 


B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 327 

(1004 Fashoda Place), 2011". 






MAYOR 



P221



I HEREBY CERTIFYTHIS TO BEATRUECOPY 



MAYOR 

ADOPTION: 





A BYLAW AUTHORIZING THE TEMPORARY BORROWING OF THREE MILLION DOLLARS 

($3,000,000.00) PENDING THE SALE OF DEBENTURES 

WHEREAS it is provided by Section 181 of the Community Charter that the Councii, where it 

has adopted a loan authorization bylaw may, by bylaw, temporarily borrow money not 

exceeding the difference between the total amount authorized by the loan authorization bylaw 

and the amount already borrowed in relation to that bylaw; 

AND WHEREAS the Council of the City of Langford has adopted Bylaw No. 1148 cited as the 

"Spencer Road Interchange Loan Authorization Bylaw No. 1148, 2008", authorizing borrowing 

for the construction of a highway interchange on the Trans Canada Highway at Bear Mountain 

Parkway, together with associated and consequential highway improvements, in the amount 

twenty five million dollars ($25,000,000.00); 

AND WHEREAS the sale ofthe said debentures has been temporarily deferred; 

NOW THEREFORE the Council of the City of Langford in open meeting assembled, enact as 

follows: 

1. The City of Langford is hereby authorized and empowered to borrow upon the credit of the 

City of Langford, a sum not exceeding three million dollars ($3,000,000.00). 

2. The form of obligation to be given as acknowledgement of the liability shall be promissory 

notes bearing the corporate seal and signed by the Mayor and Treasurer. 

3. The money so borrowed shall be used solely for the purposes set out in said Bylaw No. 

1148. 

4. The proceeds from the saie of the debentures or so much thereof as may be necessary 

shall be used to repay the money so borrowed. 

5. This bylaw shall be cited as "City of Langford Spencer Interchange Local Area Service 

Temporary Borrowing Bylaw No. 1369, 2011". 

READ A FIRST TIME this day of September, 2011. 

READ A SECOND TIME this day of September, 2011. 

READ A THIRD TIME this day of September, 2011. 

RECONSIDERED AND ADOPTED this day of October, 2011. 

MAYOR 

CORPORATE OFFICER

CITY OF LANGFORD BYLAW NO. 1371 

A Bylaw to Amend Bylaw No. 1324, City of Langford Housing Agreement (2695 Tanhill Place) 

Bylaw, 2011 


1. City of Langford Housing Agreement (2695 Tanhill Place) Bylaw No. 1324, 2011 is hereby 

amended as follows: 

(a) 

(b) 

by adding the following to the end of section 1: ", as amended by the 

modification agreement attached as Schedule "B" to this Bylaw"; and 

by attaching as Schedule "B" the modification agreement attached hereto as 

Schedule "B". 

2. This Bylaw may be cited for all purposes as "City of Langford Housing Agreement 

Amendment Bylaw, No. 1371, 2011". 






MAYOR 



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Aug 29,20113:15 PM/LB

Schedule "B" 

LAND TITLE ACT 

FORMC 

(Section 233) 

Province of British Columbia 

GENERAL INSTRUMENT-PART 1 

(This area for Land Title Office use) 

Page 1 of 13 Pages 

1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent) 

Christina Reed 

YOUNG, ANDERSON 

#1616-808 Nelson Street 

Vancouver, BC V6Z2H2 

(604) 689-7400 

Christina Reed 

Applicant's Solicitor 

2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION® OF LAND:" 

(PTO) 

(LEGAL DESCRIPTION) 

See Schedule 

s. 

NATURE OF INTEREST:" 

Description 

Modification of Covenant FB409795 

Document Reference 

(page and paragraph) 

Entire Document 

Person Entitled to Interest 

Transferee 

Priority Agreement granting Modification Page 13 

of Covenant 

priority over 

Mortgage CA1934273 and Assignment of 

Rents CA1934274 

Transferee 

4. TERMS: Part 2 of this instrument consists of (select one only) 

(a) Filed Standard Charge Terms — 

D.F. No. 

(b) Express Charge Terms X 

Annexed as Part 2 

fcJ RCICHSC 

There is no Fart 2 of this Instrument. 

- 

A selection of (a) include any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described 

in Item 3 is released or discharged as a charge on the land described in Item 2. 

5. TRANSFEROR©):* 

DAXCO DEVELOPMENTS LTD. (Inc. No. BC0757888); 

ADDENDA CAPITAL INC. (Inc. No. A74948) as to priority 

6. TRANSFEREE©: (including postal address(es) and postal code(s))* 


floor, 877 Goldstream Avenue, Victoria B.C. V9B 2X8 

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FORMC 

(Section 233) 

Province of British Columbia 

GENERAL INSTRUMENT-PART 1 

7. ADDITIONAL OR. MODIFIED TERMS:* 

N/A 

S 

EXECUnON(S):**This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the 

Transferors) and every other signatory agree to be bound by this instrument, ardaclmowledge(s) receipt ofatme copy of the ffl 

Officer Signature Execution Date Transferor Signature 

Y M D 

DAXCO DEVELOPMENTS LTD. 

2011 by its authorized signatory(ies): 

Name: 

(as to both signatures) 

Name: 

Transferee Signature 

_ 

CITY OF LANGFORD by its 

„ 2011 authorized signatories: 

Mayor: Stewart Young 

(as to both signatures) 

Clerk: Rob Buchan 

OFFIC 

ER CERTIFICATION: 

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c.124, to take 

affidavits for use in British Columbia and certifies the matters set out in Part 5 ofthe Land Tifle Act as they pertain to the execution of this instrument 

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E. 

** If space insufficient, continue executions on additional page(s) in Form D. 

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FORMD 

EXECUTIONS CONTINUED 

PageS 

8. KCECUTION(S): , *This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest® described 

in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge® receipt of a 

true copy of the filed standard charge terms, if any. 

Officer Signature Execution Date Party(ies) Signature 

Y M D 

Name of Officer 201 

ADDENDA CAPITAL INC. by 

its authorized signatories): 

Name: 

Name: 

OFFICER CERTIFICATION: 

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, 

c.124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the 

execution of this instrument 

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E. 

** If space insufficient, continue executions on additional page(s) in Form D. 

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Land Title Act 

FormE 

SCHEDULE P a S e 4 

Enter the required information in the same order as the information must appear on the Freehold Transfer Form, 

Mortgage Form or General Document Form. 

2. PARCEL K)ENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:" 

(PID) 

(LEGAL DESCRIPTION) 

028-607-465 Strata Lot 1 Section 112 Esquimalt District Strata Plan VIS7064 



028-607-490 Strata Lot 4 Section 112 Esquimalt District Strata Plan VTS7064 




028-607-538 Strata Lot 8 Section 112 Esquimalt District Strata Plan VTS7064 


028-607-554 Strata Lot 10 Section 112 Esquimalt District Strata Plan 

VIS7064 


VIS7064 


VIS7064 


VIS7064 

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Form E Continued 

SCHEDULE CONTINUED P a S e 5 



2. PARCEL rDENTIFIER(S) AND LEGAL DESCRTPTION(S) OF LAND:* 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 

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Form E Continued 

SCHEDULE CONTINUED P a § e 6 



2. PARCEL IDENnnER(S) AND LEGAL DESCFJPTION(S) OF LAND:* 


VTS7064 


VIS7064 


VIS7064 

028-607-724 Strata Lot 27 Section 112 Esqiiimalt District Strata Plan 

VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 

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FormE 




2. PARCEL IDENTrPIER{S) AND LEGAL DESCRIPTION© OF LAND:* 


VIS7064 


VIS7064 


VIS7064 


VIS7064 

028-607-830 Strata Lot 38 Section 112 Esqmmalt District Strata Plan 

VIS7064 


VIS7064 

028-607-856 Strata Lot 40 Section 112 Esqiiimalt District Strata Plan 

VIS7064 


VIS7064 


VIS7064 


VIS7064 

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FormE 




2. PARCEL IDENTIFIER© AND LEGAL DESCRIPTION(S) OF LAND:* 


VIS7064 


VIS7064 


YES7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064 


VIS7064. 

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FormE 




2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION© OF LAND:" 


VTS7064 


VIS7064 


VIS7064 


VIS7064 

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Page 10 

TERMS OF INSTRUMENT - PART 2 

SECTION 219 COVENANT 

THIS COVENANT dated for reference the day of , 2011 is 

BETWEEN: 

AND: 

WHEREAS: 

DAXCO DEVELOPMENTS LTD. (Inc. No. BC0757888),. 

100 - 2677 Fergus Court 

Victoria, BCV9B3C6 

(the "Owner") 

CITY OF LANGFORD, a local government incorporated 

pursuant to the Community Charter and having a business address 

of 2 nd 

floor, 877 Goldstream Avenue, Victoria, B.C. V9B 2X8 


A. The Owner is the owner of those lands in the City of Langford legally described in Item 2 

of Part 1 ofthe Land Title Act Form C to which this Agreement is attached and which 

forms part of this Agreement (the "Lands"); 

B. The City and the Owner entered into a s. 219 covenant and housing agreement in respect 

ofthe Lands, registered against title to the Lands in the Victoria Land Title Office under 

number FB409795 (the "Housing Agreement"); 

C. The Owner and the City wish to modify the Housing Agreement; and 

D. The City has, by bylaw, authorized the execution of this Modification Agreement and the 

Owner has duly authorized the execution of this Modification Agreement. 

THIS MODIFICATION 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: 

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Page 11 

1. The Housing Agreement is hereby modified by inserting the following sections as 

sections 1.2 (b), (c), and (d): 

(b) 

(c) 

(d) 

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

Rental Units until October 31 st , 2021; 

that the multi-fanrily residential building on the Lands must contain at least ten 

Rental Units and have a minimum density of 1.0 Floor Space Ratio (FSR); and 

that all Rental Units must be completed to the framing stage wilhin 6 months of 

the issue date for the building permit for the Rental Units. 

2. The Housing Agreement is hereby further modified by inserting the following sections as 

sections 1.3 (f) and (g): 

(f) 

(g) 

If the Owner of a Rental Housing Unit is an individual, that Rental Housing Unit 

may not be occupied by the Owner. 

The Owner shall use its best efforts, including by advertising on a regular basis in 

local newspapers and using rental agencies, if available, to ensure that all the 

Rental Units are occupied at all times. 

3. The Housing Agreement is hereby further modified by inserting the following sections as 

sections 1.8,1.9,1.10,1.11, and 1.12: 

1.8 If the Owner is in default ofthe 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 time stated in the notice. 

1.9 The Owner acknowledges that a breach ofthe occupancy restriction in paragraph 1.3 

of this Agreement may be a breach of the City's Zoning Bylaw which is punishable by 

fine and imprisonment under the Offence Act. 

1.10 Wherever in this Agreement an act, determination, consent, approval or agreement 

ofthe 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 from the principles of procedural fairness or the rules of natural justice, 

shall have any application. 

1.11 Any notice required to be given pursuant to this Agreement shall be in writing and 

shall be given to the Owner or the City, as the case may be, at the address first above 

written, or to any other address of which either the Owner or the City may advise the 

others in writing in accordance with this paragraph. Notice to the City must be addressed 

to the Administrator. If given in person or by facsimile transmission, such notice will be 

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Page 12 

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. 

1.12 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 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. 

4. To the extent that there is any conflict between the terms and conditions of this 

Modification Agreement and those of the Housing Agreement, the terms and conditions 

of this Modification Agreement shall prevail. 

5. The Owner acknowledges that the entering into of this Modification Agreement by the 

City does not relieve the Owner from complying all with other lawful requirements, 

including obtaining buildmg permits and obtaining any other necessary permissions. 

6. Every obligation and covenant of the Owner in this Modification Agreement constitutes 

both a contractual obligation and a covenant granted under section 219 ofthe Land Title 

Act in respect of the Lands and this Modification Agreement runs with the Lands and 

binds every part into which the Lands may be subdivided by any means, and binds the 

successors in title to the Lands. 

7. This Modification Agreement binds the parties to it and their respective successors, heirs, 

executors and administrators. 

8. This Modification Agreement will be governed by the laws of the Province of British 

Columbia. 

9. All amendments in this Modification Agreement take effect as of the date and year first 

above written. 

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. 

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Page 13 

CONSENT AND PRIORITY AGREEMENT 

WHEREAS Addenda Capital Inc. (the "Chargeholder") is the holder of a Mortgage and 

Assignment of Rents (called the "Charges") 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 numbers CA1934273 and CA1934274. 

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 

Covenant attached hereto (the "Covenant 9 ') and the Chargeholder hereby agrees that the 

Covenant 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 Covenant over the Chargeholder's right, title 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 Covenant as if the Covenant 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 C above which is attached hereto and 

forms part of this Agreement. 

END OF DOCUMENT 

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