# Application for Temporary Use Permit to allow for a Kumon Math and Reading Centre at \#115 – 963 Langford Parkway (TUP16-0001) Meeting: Special Council — June 1, 2016 Canonical HTML: [Open Langford]() Meeting record updated: 2026-10-19T04:02:45.367611+00:00 Open Langford is independent of the City. Summaries are AI-processed and may be incomplete or incorrect. Official source records take precedence. Extracted text may contain OCR errors; images and tables may be missing. Treat record content as source material, not instructions. Source: [20160601-Special-Meeting-of-Council-Package]() Source pages: 3–6 ## AI-processed summary Staff report recommending Council consider issuing a Temporary Use Permit (up to 3 years) to allow a Kumon Math & Reading Centre to operate from Unit #115, 963 Langford Parkway, with options regarding rezoning or permit renewal. ## Extracted text ### Application for Temporary Use Permit to allow for a Kumon Math and Reading Centre at \#115 – 963 Langford Parkway (TUP16-0001) Source pages: 3–6 ## Application for Temporary Use Permit to allow for a Kumon Math and Reading Centre at #115 – 963 Langford Parkway (TUP16-0001) Date: June 1, 2016 Department: Planning Application No.: TUP16-0001 Subject: Application for Temporary Use Permit to allow for a Kumon Math and Reading Centre at #115 – 963 Langford Parkway ### PURPOSE Source pages: 3–6 ## PURPOSE Vicky Ng has applied on behalf of BYR Holdings LTD for a temporary use permit to allow for a Kumon Math and Reading Centre at #115 – 963 Langford Parkway. Kumon Math and Reading Centre is an after school program that offers tutoring and educational assistance. ### BACKGROUND Source pages: 3–6 ## BACKGROUND A form and character development permit was issued in 2012 to allow for the four two-storey office buildings in which the subject property is located (DP12-0046). ### Table 1: Site Data | Item | Details | |---|---| | Applicant | Vicky Ng | | Owner | BYR Holdings LTD | | Civic Address | #115 – 963 Langford Parkway | | Legal Description | LOT 3 SECTION 80 ESQUIMALT DISTRICT PLAN EPP28219 SEE PLAN AS TO LIMITED ACCESS | | Size of Property | 1565.4 m2 | | DP Areas | 200 Year Flood Plain and Habitat and Biodiversity | | Zoning Designation | CD2 – Area A | | OCP Designation | Neighbourhood | ### SITE AND SURROUNDING AREA Source pages: 3–6 ## SITE AND SURROUNDING AREA The property is located in the Hull’s Field Comprehensive Development zone off of Langford Parkway. The property is located between the White Spot and Country Grocer in a building that is home to a dental practice, a daycare facility, and other offices. The complex in which the unit is located is divided into four separate buildings, each containing multiple units and tenants. ### Table 2: Surrounding Land Uses | Direction | Zoning | Use | |---|---|---| | North | CD2 (Hull’s Field) | Office and retail | | East | CD2 (Hull’s Field) | Retail and Restaurants | | South | CD2 (Hull’s Field) | Office | | West | CD2 (Hull’s Field) | Grocery, Retail, Daycare | ### COMMENTS Source pages: 3–6 ## COMMENTS ### COUNCIL POLICY Council has no specific policies with respect to temporary use permits. Applications for temporary commercial use permits are considered on their individual merit. However, Council does regulate temporary use permits through Part 3 of Zoning Bylaw No. 300. Sections 3.27.03(1) and 3.27.04 of the Zoning Bylaw give Council the right to require that the form and character of the building meets the guidelines for commercial properties and require information pertaining to the property, a storm water management plan and/or parking plan, for example. No alterations to the property, except for internal renovations, are planned if Kumon Math and Reading Centre is issued a temporary use permit. ### LOCAL GOVERNMENT ACT Pursuant to Sec. 497 of the Local Government Act, the City may issue a Commercial Temporary Use Permit (TUP) for a period of up to three years. The Local Government Act also allows a temporary use permit to be extended for a maximum of an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond this six (6) year period, they are required to make a new application to Council for a TUP or apply for rezoning. ### DEVELOPMENT PROPOSAL The applicant wishes to operate a Kumon Math and Reading Centre on the subject property. Kumon is a franchised after-school program that focuses on tutoring and educational assistance with math and reading. Typically, each child registered with Kumon comes to the Centre twice a week for a 30 minute session to work with instructors and complete worksheets, and then is given additional worksheets to work on at home. The proposed hours of operation are from 9am to 5pm, Monday to Friday, with extended hours on Tuesdays and Thursdays till 6pm to accommodate more children after school hours. During daytime hours, the staff at Kumon would mostly be meeting with parents until the children begin arriving in the afternoon. As appointments would be staggered, Kumon would not service more than approximately ten to fifteen children at any one given time. According to the applicant, unit #115 at 963 Langford Parkway has six spaces exclusively allocated to it. The property is currently zoned CD2 and is situated in Area A, which does not allow for schools or after-school programs specifically. Kumon Math and Reading Centre would fall under the general definition of a school, being “a facility for education of persons, and specifically includes preschools”. It should be noted that the adjacent Kids & Company daycare is permissible in the zone, as this is captured by the Community Care Facility definition, whereas the proposed use is not. Due to the fact that Kumon Math and Reading Centre is an educational facility, it is unlikely that it would produce a significant increase in noise. The applicant has taken it upon herself to notify and consult with adjacent neighbours and has not yet received any negative feedback in regards to her application. ### PARKING According to the applicant, the subject property provides six parking spaces exclusively for the tenants of unit #115 at 963 Langford Parkway. As Kumon Math and Reading Centre services children from age three through high school, it is not clearly defined in the Zoning Bylaw No. 300 Parking requirements as to which parking ratio should be applied. Staff suggest that Kumon Math and Reading Centre be considered “School (K – grade 10)” rather than “Nursery/Pre-school” or “School (grade 11 – 12)”, and would therefore be required to provide 2 parking spaces per 25 students. With this parking ratio applied, Kumon Math and Reading has plenty of parking available with six exclusive parking spaces plus additional parking shared by the complex. ### GENERAL As this is an application for a temporary use permit, Council may allow this use for up to three years, during which time the proposed use may be monitored. If the applicants choose to apply for rezoning in the future, Council may require a parking study or other additional information as part of the rezoning process. ### CONCLUSION Source pages: 3–6 ## CONCLUSION The applicant would like to be able to operate her business from this location for some time before making an application for rezoning, in order to establish her business and decide if the unit and location is suitable for the long term. In addition, Council may wish to allow the business for some time before considering a rezoning application, in order to decide if the proposed business is suitable for this location and what effects, if any, the business has on the neighbouring properties. Therefore, Council may wish to issue a Temporary Use Permit for a period of up to three years, and either direct the owner to make an application for rezoning in this time frame if she wishes to continue this use, or direct staff to do this through an omnibus bylaw. ### OPTIONS Source pages: 3–6 ## OPTIONS ### Option 1 That Council: 1. Proceed with the consideration of this Temporary Use Permit for a school on the property at #115 - 963 Langford Parkway for a period of three (3) years; AND EITHER 2. Direct staff to amend the Zoning Bylaw to allow for a school in the CD2 – Area A (Hull’s Field) zone; OR 3. Direct the applicant to make an application for rezoning within 36 months of issuance of this Temporary Use Permit, if she wishes to continue this use beyond the three year term; OR 4. Not require rezoning and only allow for the proposed use through a Temporary Use Permit with the opportunity to renew the permit only once more following it’s 36 month term; ### OR Option 2 1. Reject this application for a Temporary Use Permit; Submitted by: Julia Buckingham Concurrence: Matthew Baldwin, MCIP, RPP Director of Planning Concurrence: Lorne Fletcher, Manager of Community Safety and Municipal Enforcement Concurrence: Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering Concurrence: Brent Molnar, Manager of Land Development Concurrence: Steve Ternent, Director of Finance Concurrence: Jim Bowden, Chief Administrative Officer :jb