Council approved a new development permit for 61 homes at 2060 White Birch Road, despite residents’ concerns about traffic, parking and the permit’s expiry; staff confirmed it was a new application, with updated flood safeguards, while the building’s exterior remained largely unchanged. Council also adopted the zoning change for 9972 Third Street, where some councillors objected that the rental commitment did not secure below-market homes and a resident raised concerns about a missing public-notice sign. On Bowerbank Bikeway, council agreed to reopen southbound Bowerbank at Piercy and seek an engagement plan, but councillors disagreed over whether reopening should wait for more safety evidence and public input. Council approved a borrowing bylaw as a backup for Tulista Boat Launch improvements, and heard reports and farewells as the current term nears its end.
Generated from the recording's captions and the agenda (minutes not yet published by the council).
What was discussed
AI summary · check against sources
7D.1 Petition - Ongoing Development Impacts on Rothesay Avenue
A Rothesay Avenue resident said construction has left the road badly damaged and hazardous for pedestrians, with construction vehicles sometimes blocking residents in. The resident said the Town had previously indicated a new road was planned, but the written response described repairs only, and asked for a new road, restoration of the north boulevard and restrictions on construction parking on the street. Staff said repairs were expected this fall: damaged sections and utility trenches would be fixed, but the result would be a patchwork rather than a full rebuild. Staff said a full rebuild would be poor value while heavy construction traffic is still expected; future work could be assessed and brought into a later budget.
Agreement
A councillor and staff agreed that the most damaged sections need repair and that the planned fall work should make the road usable.
Staff said a later assessment and budget request could follow once heavy construction is complete.
Disagreement
The presenter wanted a new road and construction-parking controls; staff said no full road rebuild is planned or budgeted now, and explained that rebuilding before construction ends risks wasting the investment.
7D.2 Development Permit Application No. DP100863 (2060 White Birch Road)
The developer’s representatives presented the proposed four-storey, 61-unit building: 31 one-bedroom, 23 two-bedroom and seven three-bedroom homes. They said the project was substantially the same as the earlier proposal, that flood-related changes moved some services above the ground level, and that the airspace-parcel process and rental-housing financing had taken time. In questions, a councillor asked how the airspace parcel worked and whether apartment tenants could use spare marina parking; the representative said the marina owner could make excess spaces available to tenants. The matter returned later on the agenda for staff review and council’s decision.
Agreement
The representatives and council discussed that the airspace parcel separates the rental building from the marina property and that the process had taken substantial time.
The applicant said the building’s rental units were required for its Canada Mortgage and Housing Corporation financing.
zoning development4 public speakers1:24:44 Watch · Read
The bylaw concerned zoning for the eastern portion of 9972 Third Street, enabling a four-storey, 75-apartment project. The developer’s representative said the rental homes would be protected in perpetuity by a title covenant, and that the development permit would return separately after another developer-hosted open house. A resident objected that the required development sign had repeatedly been missing and argued that adoption should be delayed; another speaker said the sign issue did not show bad faith. Two speakers opposed the added height and density, and one questioned the lack of below-market homes and the effect on nearby trees. Staff said they had repeatedly asked for the sign to be reinstalled and received photos showing it back up, but it had gone down again. Council adopted the bylaw; two councillors opposed it.
Agreement
Council and the developer distinguished the zoning decision from the separate development-permit decision, which would return later.
The rental commitment would be secured on title, according to the developer’s representative.
Disagreement
Some residents and two councillors objected to the rezoning, citing the missing notice sign, added height and density, nearby trees and the absence of below-market homes.
Other councillors said the sign had been repeatedly reinstalled and that the zoning change secured rental tenure in perpetuity.
8b Bylaw No. 2303 - Development Cost Charge and Amenity Cost Charge Waivers & Reductions
Council considered the bylaw setting out when eligible developments may receive reduced or waived development cost and amenity cost charges. A councillor said the policy had been discussed previously and was intended to make sure waivers went to developments that qualified. Council adopted the bylaw unanimously.
Agreement
A councillor said the eligibility rules had received prior scrutiny and supported adopting them.
Council considered an eight-year property-tax exemption for Rest Haven Lodge, covering 2027 to 2034. The bylaw was adopted unanimously, with no discussion recorded.
The bylaw would allow short-term borrowing for the Town’s share of improvements to the Tulista Boat Launch if a grant or other funding is not secured. The Director of Finance said approval would not oblige the Town to borrow; it would provide a fallback while staff look for other funding and consider shifting other park improvements in the upcoming financial plan. The proposed borrowing was higher than the amount needed if the grant succeeds. Council gave the bylaw first, second and third readings unanimously; it will return for consideration of adoption.
Agreement
The Director of Finance and council treated the bylaw as a backup, not a commitment to borrow.
Council supported advancing the bylaw while staff continue to look for grant or alternative funding.
9a Development Variance Permit Application No. DV100395 (10007 Siddall Road)
The application sought smaller rear, interior-side and exterior-side setbacks to allow a new home in the rear yard. The chair noted that a late correspondence item had been received, in addition to the earlier notice process. Council approved the application unanimously.
9b Development Permit No. DP100863 (2060 White Birch Road)
Staff clarified that the earlier permit had lapsed and that the applicant had submitted a new application, as Town bylaws do not provide a way to extend an expired permit. Staff said it was essentially the same project, with several small changes made during building-permit review, including changes to the entrance canopy, transformer location and building services. The submitted flood-hazard report and its recommendations had been reviewed, and a flood covenant would be registered on title. Residents had raised concerns about traffic, parking, construction impacts and the permit’s expiry; staff and councillors explained that this decision concerned the building’s form, landscaping and site layout, not the zoning density or parking standards previously considered. Council approved the permit with conditions, including title covenants, landscaping and off-site works deposits, public access along the waterfront side, and a bonus-density payment. The vote was unanimous.
Agreement
Staff and council agreed that this was a new application, not an extension of the expired permit.
The flood-hazard report had been reviewed, and the development would be subject to a title covenant referencing the engineer’s report.
Several councillors said the density and parking requirements had already been addressed in the earlier zoning process and were not being reconsidered through this form-and-character permit.
Disagreement
Residents raised concerns about traffic, parking, construction disruption and whether the project should proceed before a new council took office.
Some councillors regretted the impact on nearby residents but supported the permit because it followed the process and was substantially unchanged; others had opposed the earlier zoning decision but said this vote was limited to the permit’s form and character.
10a Cancellation of Special Council Meeting on October 5, 2026
The Mayor said this was the current council’s final regular meeting and there was no further business requiring the scheduled October 5 special meeting. Council agreed unanimously to cancel it.
10b Acknowledgments - Terms of Councillors Duncan and Rintoul
The Mayor thanked two departing councillors for eight years of service and described their regional and local appointments. One had served on regional water and wastewater bodies, climate and business groups; the other had served on the regional emergency-services communications board, recreation bodies and other community organizations. Both spoke about their experience and thanked their families, colleagues and Town staff. The Mayor also gave closing remarks about community service, reconciliation, volunteers, staff and the work of council.
Agreement
The Mayor and councillors recognized the work required beyond regular council meetings, including regional appointments and preparation.
Departing councillors and the Mayor thanked Town staff and residents for their support and service.
11a Councillor S. Duncan - verbal report from the CRD Water Commission
The report covered the Capital Regional District’s new bulk-water rate of 99 cents per cubic metre, an estimated additional $14 per year for the average household before municipal charges. The regional district is developing direct bulk-water agreements with First Nations; four agreements were expected by 2027. Water development cost charges had received statutory approval, though the Town was not expected to see funds from them for about five years. The five-year capital plan had been reduced from $350 million to $300 million after staff revised cost estimates, while the next year’s budget rose by $2 million to $23 million. The commission is also testing a small turbine to recover electricity from water pressure in a pipeline.
Agreement
The report described direct First Nations water agreements as an equity measure intended to reduce the extra rate those communities face.
A councillor and the presenter agreed that the pipeline turbine could recover energy while also reducing excess water pressure.
11b Councillor S. Garnett - verbal report from Tree Appreciation Day
Thirty-six volunteers took part in the seventh annual Tree Appreciation Day. They planted 30 maple trees beside the new Calvin multi-use path and removed about seven cubic metres of invasive English ivy from the path area and Wrathtown Park, with support from Victoria Green Team and Town staff. Another councillor added thanks to staff for preparing the site and handling objections from some nearby neighbours.
Agreement
Councillors praised the volunteers and Town staff who prepared the planting sites and helped remove invasive ivy.
12a.R1 Committee of the Whole Meeting - September 21, 2026: Development Permit Application No. DP100861 (2180 Beacon Avenue West)
Council considered the Committee of the Whole recommendation for a five-storey, 140-unit apartment building. Conditions included protecting retained boulevard and on-site trees, having an arborist present during excavation near protected roots, obtaining a permit to remove 73 protected Cascara trees and two Douglas firs, and providing a landscaping deposit. Council approved the recommendation unanimously.
Agreement
The recommendation paired approval with tree-protection requirements and a permit for specified tree removals.
12a.R2 Committee of the Whole Meeting - September 21, 2026: Development Permit Application No. DP100860 and Development Variance Permit Application No. DV100392 (2240 James White Boulevard)
Council considered postponing further review of the four-storey proposal until the applicant received a decision from the Building Code Appeal Board. The applicant’s representative had earlier told council that the appeal was expected to be heard on October 15, with a decision a few days later. Council agreed unanimously to postpone consideration until that decision.
Agreement
Council agreed to wait for the Building Code Appeal Board’s decision before further consideration.
12a.R3 Committee of the Whole Meeting - September 21, 2026: Tax Distribution Policy
Council chose Alternative 3 as the longer-term approach for distributing property taxes among property classes and removed the requirement to review the policy during every council term. The recommendation passed unanimously.
12a.R4 Committee of the Whole Meeting - September 21, 2026: Bowerbank Bikeway Alternatives
transportation1 public speaker2:40:40 Watch · Read
The recommendation would reopen southbound Bowerbank at Piercy to all traffic, seek public input on next steps and ask staff for viable traffic-calming options for Bowerbank and Siddall. Councillors disagreed about whether reopening should precede broader engagement and whether there was enough evidence of a safety problem at the diversion. Staff said they had heard anecdotal reports of drivers going around the diversion but had no safety data or other evidence requiring action. Council amended the engagement direction so staff would bring an engagement strategy to the new council by the end of the fourth quarter. The amended overall recommendation passed, with three councillors opposed.
Agreement
Councillors supported further public engagement and consideration of traffic-calming options.
Staff said an engagement strategy could be brought to the incoming council for consideration.
Disagreement
Some councillors supported reopening immediately, citing observed unsafe driving around the diversion; others said action should wait for engagement and stronger safety evidence.
Councillors disagreed over whether the engagement step should be initiated within 60 days or whether the motion needed a clearer deadline tied to the incoming council.
13a Update - Policy DV-014 - Interim Flood Construction Level
Staff explained that the 2017 interim policy used five metres above geodetic elevation as the threshold for requiring an engineer’s flood-safety report. A newer coastal study provides more specific flood-construction levels, including a 4.12-metre backshore figure and different figures for shoreline reaches. The amended policy uses the new information and drops the word “interim.” This may mean some backshore properties no longer require a report, while some foreshore properties may now require one. Council approved the amended policy unanimously.
Agreement
Council accepted staff’s use of the newer coastal study to make the policy more specific to different shoreline areas.
13b Status of Outstanding Council Action Items & Strategic Plan Priorities
The Chief Administrative Officer reported 25 outstanding council action items and 13 remaining strategic-plan priorities, noting that several items had already been completed or put into ongoing practice. A councillor asked about accessibility actions, including accessible parking, patio guidance and emergency planning for people with disabilities. Staff said some accessible-parking locations had been designed but required discussions with nearby businesses; the patio guide was drafted and would go to the accessibility committee; and the emergency-planning work remained outstanding because of staffing capacity. Staff said the report would go to the next council, which could decide how to prioritize the remaining work.
Agreement
Staff and council recognized that many outstanding actions reflect capacity constraints and that the incoming council will have a chance to set priorities.
Staff said accessible-parking locations and the patio guide could move forward, while emergency-planning work remained to be done.
A councillor raised concerns about small-scale multi-unit housing, prompted by a letter describing a three-storey building beside a much smaller home. Staff explained that provincial housing rules are intended to speed up housing delivery and discourage municipalities from using form-and-character permits to control the look of projects with up to six homes, except in limited circumstances. The provincial guidance encourages clear, specific standards and warns against extra review steps that could slow projects. The councillor said more research was needed before considering any local response.
Agreement
The councillor and staff agreed that provincial rules limit how municipalities can regulate the form and character of small-scale multi-unit housing.
The councillor said further research was needed before proposing a change.
14b Raised item 15.6 - Emails expressing concerns for flying the American Flag
A councillor asked whether public opinion had shifted enough to reconsider flying the American flag on the waterfront, citing deteriorating relations between Canada and the United States and recent public letters. A motion to remove the flag was defeated. Staff clarified that the seasonal flag display was due to end in October, leaving the next council an opportunity to revisit the issue the following spring.
Agreement
Staff confirmed that the flag display is seasonal, running from May to October.
Disagreement
One councillor favoured removing the flag for the time being; most councillors opposed the motion, and it failed.
Decisions
Sidney has not published the minutes for this meeting yet. Councils post minutes only after a later meeting adopts them, usually two to six weeks afterwards. We check weekly. We last checked Fri, Oct 2, 2026. Votes and decisions are taken only from the official minutes, so this section fills in once Sidney publishes them. Anything above about motions comes from the recording and is preliminary.