# Staff Report: Z18-0012 - Application to Rezone 832 Hockley Avenue (NAIX Ventures)

Meeting: Regular Council — June 18, 2018

Canonical HTML: [Open Langford](<https://openlangford.ca/meetings/2018-06-18-regular-council/documents/2032>)

Meeting record updated: 2026-10-19T03:58:07.845041+00:00

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Source: [20180618-Agenda-Package](<https://langford.ca/wp-content/uploads/2021/05/20180618-Agenda-Package.pdf>)

Source pages: 42–56

## AI-processed summary

Planning staff report recommending First Reading to rezone 832 Hockley Avenue from R1 to MU1A to enable a proposed 6-storey multi-residential development, including required amenity contributions and servicing conditions.

## Extracted text

### Staff Report: Z18-0012 - Application to Rezone 832 Hockley Avenue (NAIX Ventures)

Source pages: 42–56

## Staff Report: Z18-0012 - Application to Rezone 832 Hockley Avenue (NAIX Ventures)

### Date
May 14, 2017

### Department
Planning

### Application No.
Z18-0012

### Subject
Application to amend the zoning designation of the property at 832 Hockley Avenue from the R1, One Family Residential Zone, to the MU1A, Mixed Use Residential Commercial, Zone to align with the zoning of the adjacent property.

### PURPOSE

Source pages: 42–56

## PURPOSE

Niall Paltiel of Keycorp Planning Ltd. has applied on behalf of NAIX Ventures Ltd. to rezone the subject property at 832 Hockley Avenue from the R1, One Family Residential, Zone to the MU1A, Mixed Residential Commercial, Zone to align with the zoning of the adjacent property at 828 Hockley Avenue. This is being done in order to accommodate the construction of a 6 storey residential building on both parcels.

### BACKGROUND

Source pages: 42–56

## BACKGROUND

In 1995 Council approved Bylaw 122 with the rezoning application Z95-0008 that rezoned properties within the downtown, sewer specified area No. 1, from R2 to R1. This was done by the City of Langford in order to encourage the construction of higher density developments within the in the downtown area, where sewers had been installed.

The adjacent property at 832 Hockley Avenue, was rezoned with Bylaw No.1412, in order to allow the construction of a 5 storey multi residential building, and was adopted on April 2nd, 2013. Despite this no subsequent development permit or building permit followed and therefore the original single family home remains on the property.

### Table 1: Site Data

Source pages: 42–56

## Table 1: Site Data

| Item | Details |
|---|---|
| Developer | Niall Paltiel |
| Owner | NAIX Ventures Ltd. |
| Location | 832 Hockley Avenue |
| Legal | LOT B, SECTION 5, ESQUIMALT DISTRICT, PLAN 19336 |
| PID | 003-715-663 |
| Size of Property | 1556.19 m2 |
| DP Areas | Downtown Development Permit Area |
| Zoning | Existing: R1 (One-Family Residential) Proposed: MU1A (Mixed Use Residential Commercial) |
| OCP Designation | City Centre |

### SITE AND SURROUNDING AREA

Source pages: 42–56

## SITE AND SURROUNDING AREA

The subject property is flat and occupied by a single family home. The site has a few large Douglas fir trees on the site which are proposed to be removed.

Directly north of the subject site is a 6 storey condominium building, accessed off of Goldstream Avenue. Other surrounding properties on Hockley Avenue contain single family homes however, a mobile home park, with approximately 35 sites, is adjacent to the subject property and extends to the western end of Hockley Avenue.

The subject property is located within Langford’s City Centre Area, as designated in Map 2 of the Official Community Plan, and is an area where densification is encouraged. The subject property is surrounded by larger developments, including multi-residential developments and mixed use residential and commercial developments that are typical within a downtown location.

[Image 1: Ortho Map showing the OCP designated City Centre Area (in pink) with Subject Parcel outline (in red)]

### Table 2: Surrounding Land Uses

Source pages: 42–56

## Table 2: Surrounding Land Uses

| Location | Zoning | Use |
|---|---:|---|
| North (825 Goldstream Avenue) | C8 (Community Town Centre Pedestrian) | 6 storey mixed use residential and commercial building |
| East (828 Hockley Avenue) | MU1A (Mixed Use Residential Commercial) | Single family home |
| South (831 Hockley Avenue) | RM3 (Apartment Zone) | Single family home |
| West (848 Hockley Avenue) | RH1 (Mobile Home Park) | Mobile home dwellings |

### COUNCIL POLICY

Source pages: 42–56

## COUNCIL POLICY

The Official Community Plan (OCP) Bylaw No. 1200 designates the subject property as City Centre, as defined by the following text:

- A major regional growth centre that support a wide range of high density housing, including affordable and rental housing;
- A major employment area for institutional, office, commercial and light industrial;
- A major place of community gathering and celebration;
- A wide range of public squares, parks and open spaces are integrated throughout;
- The City’s major entertainment and/or cultural precinct;
- Inter-city and/or inter-regional transit hub connects residents.

[Image 2: Concept for the City Centre]

Policies of note:
- Policy 5.1.3 Relate all neighbourhood development and infill to the nearest centre through direct and/or improved connections, scale and character.
- Policy 5.4.1 Encourage street-orientation of buildings along all roads and corridors where topographical conditions allow.
- Policy 5.5.2 Ensure residential densities and the location of dense development increases viability and frequency of transit service.

### COMPLIANCE WITH THE OFFICIAL COMMUNITY PLAN

Source pages: 42–56

## COMPLIANCE WITH THE OFFICIAL COMMUNITY PLAN

The proposal is consistent with the Official Community Plan’s (OCP), Bylaw No.1200, “City Centre” designation as it fits in with the growth management and land use strategy in an existing developed area. This designation supports a mix of residential and commercial uses, including high density developments.

### DEVELOPMENT PERMIT AREAS

Source pages: 42–56

## DEVELOPMENT PERMIT AREAS

A Form and Character Development Permit will be required prior to the developer obtaining a building permit for the subject proposal. As the property is within Langford’s Downtown Development Permit Area, the proposal will be subject to Langford’s Design Guidelines, part of Bylaw No. 300, which contains criteria appropriate for ensuring a vibrant and co-hesive downtown through development design. As a proposed apartment building, the design will also have to comply to design guidelines for multi-residential buildings. Building, site design, and landscaping for the development will also be addressed through the Development Permit process after the rezoning process is complete.

The subject property is not within any environmentally sensitive or potentially hazardous development permit areas, therefore the Development Permit will not require any reports that speak to mitigation measures that would be necessary if the proposed building was located within these areas.

### COMMENTS

Source pages: 42–56

## COMMENTS

### DEVELOPMENT PROPOSAL
The developer wishes to rezone the subject property to align it with the zoning of the adjacent property at 828 Hockley Avenue which is zoned MU1A, Mixed Use Residential Commercial, Zone. The developer intends to consolidate the two properties in order to construct a six storey building on the site comprised of approximately 115 residences, made up of 1 and 2 bedroom units.

A limiting factor for densification in the MU1A zone is the current allowable maximum Floor Area Ratio (FAR) of 2.5, which is contingent on the amount of enclosed parking provided. Currently the FAR may be increased to 2.25 if the developer provides 50% of the parking spaces required within an enclosed parking structure. This can be increased incrementally by 0.02 for every additional 5% of required enclosed parking provided, to a maximum FAR of 2.5. An application to amend the FAR is for entire MU1A zone is currently in front of Committee with Bylaw No. 1774, Z18-0008, that would also increase the FAR allowance for the subject properties, if Council was supportive of the amendment. In order to allow a denser development in the downtown area, and to continue to encourage developments to incorporate underground and enclosed parking, Staff is suggesting that Council may wish to explore increasing the maximum FAR allowance so that it may be increased to 2.25 if 50% of parking is provided in an enclosed space, and that this may be raised by 0.25 for every additional 5% of enclosed parking that is provided to a maximum FAR of 4. An FAR of 4 may be realized if 85% or more of the required parking was provided underground. The developer for the subject rezoning has proposed an FAR of 3.08, and as they have provided no detailed plans to date, it is not clear as to how much parking will be provided either underground or within an enclosed structure. To receive an FAR of 3.08 the developer would be required to provide at least 70% of the required parking (at least 101 stalls) underground or within an enclosed structure, in order to achieve an FAR of 3.25 under the new FAR regulations that are a part of Bylaw No.1774.

### PARKING
On April 16, 2018, Council gave First Reading to Bylaw No. 1752 that will amend the parking regulations for apartments within the City Centre to 1.25 spaces per dwelling unit for units with two bedrooms or less, of which 0.25 must be designated for visitor parking. The required parking calculation has been included within Table 3 below. Council has passed a resolution stating that this Bylaw will be adopted at their July 2018 Council meeting to give some certainty to developers on how to prepare future building designs. The new parking regulations would affect any developments that obtained building permit issuance after the July 2018 Bylaw adoption date.

Given this timeline it is almost certain the developer of the subject proposal will be required to provide parking that complies with the new regulations within Bylaw No.1752. With 115 units proposed the developer would be required to provide 144 parking stalls, of which 29 would be required for visitor parking. If Council is supportive, they may wish to authorize the Director of Planning to issue a variance to the amount of required visitor parking, if required, within a Development Permit for form and character.

### BUILDING AND SITE DESIGN
The developer has not yet submitted a conceptual drawings for the proposed development, however a rendering has been submitted and attached to this report as Appendix A. The rendering shows a red coloured building in a modern design style complete with flat roofs and glass balconies.

The Downtown Design Guidelines encourage buildings within Langford’s downtown to incorporate the following design concepts:

- Building design shall utilize a variety of materials and finishes used in combination to articulate the building components and differentiate expansive elevations;
- Recesses, overhangs, canopies and sunscreens should be used to articulate the building façades.
- Monolithic building expression that results in box-like structures with little surficial articulation shall be discouraged;
- All new developments are encouraged to incorporate river rock as a façade treatment and as an element in freestanding signage;
- Roof forms should reinforce the rhythm of street façades;

If Council believes the rendering submitted depicts a design that is appropriate for its downtown location they may wish to direct staff to proceed with consideration of the design as proposed.

### Table 3: Proposal Data

Source pages: 42–56

## Table 3: Proposal Data

| Item | R1 Zoning Regulations (Current Zoning) | MU1A Regulations (Proposed Zoning) | Proposed by this Application to Rezone |
|---|---|---|---|
| Density | 550 m2 (minimum lot size) | 2.5, if 100% of the required parking is provided underground or enclosed; 4, after adoption of Bylaw 1774, when more than 85% of required parking is provided underground or enclosed | 3.08 Developer will have to provide at least 70% of required parking underground or enclosed |
| Height | 9 m (30 ft) | 6 storeys | As per Zone |
| Lot Coverage | 50% | Max: 90% Min: 50% | As per Zone |
| Front Yard Setback | 7.5 m | 2 m | As per Zone |
| Interior Side Yard Setback | 1.5 m, however the sum of the setbacks from any two interior lot lines must not be less than 4.5 m | 0 m | As per Zone |
| Rear Yard Setback | 7.5 m | 7.5 m | As per Zone |
| Parking Requirement (Subsection 4.01.01 of Zoning Bylaw) | 2 stalls per dwelling unit | 1 stall per dwelling, 5 visitor parking spaces (120 spaces) *After Adoption of Bylaw 1742: 1.25 stalls per dwelling, 25% allocated as visitor parking (144 spaces) | As per Regulations |

*Variances to setbacks and parking discussed further on Page 4 of the report.

### PEDESTRIAN, CYCLING AND MOTORIST NETWORK
The Director of Engineering has noted that a Traffic Impact Assessment will not be necessary to determine how the added density in the area will affect traffic flow and access to the site. The subject property is internal to the block with the only access onto the street from Peatt Road, as the other side contains the Woodland Mobile Home Park. The developer is proposing a one way access into the site via a driveway on the subject property from Hockley Avenue.

Langford’s downtown core, along Goldstream Avenue, is approximately 100 m or a 2 minute walk from the subject property. Other amenities are accessible via a pedestrian sidewalk on Peatt Road to West Shore Town Centre, approximately 800 m away, roughly a 15 minute walk. As well bicycle lanes and sidewalks along Peatt Road encourage pedestrian movement and promote modes of active transportation.

Neither bicycle paths nor sidewalks currently exist on Hockley Avenue, but sidewalks, as mentioned, are required to be installed along Hockley Avenue. Council may wish to request that the developer extend the sidewalk to the corner where it will connect to the existing sidewalks on Peatt Road. The provision of sidewalks within the downtown area is vital to connect pedestrians to nearby amenities and resources as well as promote connectivity and consistency within the downtown core. If Council is supportive of requesting the extension of the sidewalk to the corner of Peatt Road and Hockley Avenue they may want to consider reducing the general amenity fees in the amount of the anticipated costs of extending the sidewalk. This will be included as an option within Council’s resolution associated with this application to rezone.

The site is well served by BC Transit and is near frequent regional bus routes and community bus routes. Several bus routes are available along Goldstream Avenue and provide service through Downtown Langford to the Greater Victoria area and other West Shore Communities. Currently, community bus routes near the site provide service more than 20 times each weekday. Along Goldstream Avenue and Station Avenue transit service (Route #50/51) is provided to/from Langford/Victoria Downtown every 10 minutes and to/from Langford/UVIC seven times a week day. The nearest bus stop is on Goldstream Avenue, whereas other routes can be accessed via Station Avenue, where the Langford Bus Exchange operates services to and from the rest of Langford, the West Shore and South Island Communities.

Council may wish to have the developer provide a construction management parking plan, prior to any onsite works and/or clearing, to the satisfaction of the Director of Engineering, and have this condition secured in a Section 219 Covenant registered on title prior to bylaw adoption. This should address any concerns around employee parking during construction.

### FRONTAGE IMPROVEMENTS
Council may wish to require as a condition of rezoning that full frontage improvements to the standards of Bylaw No. 1000 be provided and that this be secured in a Section 219 Covenant to be provided at the time of Building Permit. Frontage improvements shall include, but are not limited to, the provision of sidewalks, and street lighting that are contained within the frontage along the street.

Boulevard landscaping will also be required as part of the frontage improvements and will include that trees be provided within the road allowance at a density of one per 15 linear meters contained within municipal drip irrigation. When the adjacent parcel, 832 Hockley Avenue, was rezoned in 2012 Council requested that a tree preservation plan be submitted prior to Public Hearing. Parks staff has indicated that because the subject parcel is not within an environmentally sensitive or protected area, that Council may wish to consider that the existing trees may cause a hazard as development of the site progresses. Council may wish to disregard the tree protection plan for the adjacent property and instead require the applicant to landscape the boulevard as per the Subdivision and Servicing Bylaw No. 1000, under the direction of the Manager of Parks and Recreation.

### INFRASTRUCTURE AND SERVICES

Source pages: 42–56

## INFRASTRUCTURE AND SERVICES

Sewer connections are available on Hockley Avenue however upgrades and extensions may be required in order to serve the new building. The developer will be responsible for any servicing upgrades required to connect to the sewer system, an acknowledgement from the developer should be included as a Section 219 registered on the title.

Community piped water can be supplied to this proposed development provided that the owner(s) pay the necessary costs and fees authorized under the CRD Bylaw No. 3889, for the supply and installation of a water distribution system capable of meeting all domestic and fire flow requirements. The developer should be aware that a fire underwriter surveys (FUS) for fire flow requirements should be undertaken prior to applying for a development permit, as the FUS levels can be low in the area. The FUS calculations will determine the setbacks required to meet the required fire flow levels.

The downtown core does not currently have an underground storm drainage system that can move stormwater from the site to a retention pond elsewhere. Considering this, the developer will be responsible for demonstrating how drainage will be managed on the site. To this end a technical stormwater management must be approved by the Director of Engineering prior to scheduling a Public Hearing for the proposed rezoning. A formal stormwater management plan, in accordance with the Subdivision and Servicing Bylaw No.1000 and the Director of Engineering, will be required prior building permit issuance.

### FINANCIAL CONTRIBUTIONS

Source pages: 42–56

## FINANCIAL CONTRIBUTIONS

### FINANCIAL IMPLICATIONS
Rezoning the property to permit a multi-family residential development will contribute more to municipal revenue than by redeveloping it under its present zoning. Considering that the developer will be required to provide full frontage improvements the proposal should not represent an increased cost burden to the City. A summary of the amenity contributions as per Council’s Amenity Contribution, Parks and Amenity Contribution Policy and Development Cost Charges for this development are as follows:

### Table 4 – Amenity Contributions per Council Policy

| Amenity Item | Per unit contribution | Total @ 115 units |
|---|---:|---:|
| General Amenity Reserve Fund | $2850 per unit | $327,750 |
| Affordable Housing Reserve Fund | $750 per unit | $86,250 |
| TOTAL POLICY CONTRIBUTIONS | $3600 per unit | $414,000 |

### Table 5 – Development Cost Charges (based on 115 units)

| Development Cost Charge | Per residential unit | Total |
|---|---:|---:|
| Roads | $3,188 | $129,261 |
| Park Improvement | $1,890 | $62,370 |
| Park Acquisition | $1,100 | $33,000 |
| Incremental Storage Fee | $331.65 | (per unit) |
| **Subtotal (DCCs paid to City of Langford)** | $5519.65 | $224,631 |
| CRD Water | $1493.63 | $76,673.19 |
| School Site Acquisition | $628 | $20,724 |
| **TOTAL (estimate) DCCs** | $6290.63 | $723,422.45 |

### OPTIONS

Source pages: 42–56

## OPTIONS

Option 1

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

1. Give First Reading of the Bylaw to amend the zoning designation of the property located at 832 Hockley Avenue from R1 (One-Family Residential) to MU1A (Mixed Use Residential Commercial) subject to the following terms and conditions:

a. That the following contributions are included in the bylaw as an amenity for increased density, to be payable at the time of building permit:

i. $2850 per unit towards the General Amenity Reserve Fund, less the cost of extending the sidewalk to Peatt Road, beyond the property frontage.

ii. $750 per unit towards the Affordable Housing Reserve Fund;

b. That the developer provide the following items prior to Public Hearing:

i. A technical stormwater management memo that addresses on site drainage containment, to the approval of the Director of Engineering;

c. That the developer register a Section 219 covenant, prior to Bylaw Adoption, that includes the following:

i. That the developer install, or bond for, full frontage improvements, including but not limited to, light standards, boulevard plantings, on street parking, and a sidewalk, which shall extend to Peatt Road, to the standards of the Subdivision and Development Servicing Bylaw No.1000, and to the satisfaction of the Director of Engineering prior to subdivision approval or building permit issuance, whichever is first;

ii. That any necessary underground or above ground servicing upgrades, extensions, or other requirements necessary to service the building is the responsibility of the developer, and will be completed at the developer’s expense;

iii. That prior to building permit issuance, the developer provides a formal stormwater management plan to the satisfaction of the Director of Engineering and that the developer is responsible for implementing the recommendations within the plan and is responsible for all costs relating to infrastructure upgrades, including offsite works, required to contain the properties drainage to the site;

iv. That the developer agrees to submit a construction parking management plan, subject to the approval of the Director of Engineering, prior to any clearing of the site or commencement of works.

2. Direct staff to remove the requirement for a tree protection plan from the conditions of rezoning approval for the property at 828 Hockley Avenue and instead defer landscaping decisions for the frontage of the properties located at 828 Hockley Avenue and 832 Hockley Avenue to the Manager of Parks and Recreation, and to the standards of Bylaw No. 1000.

3. Authorize the Director of Planning to issue the following variances through a Development Permit for form and character:

a. A variance to subsection 4.01.01 to reduce the amount of parking required for an apartment building within the City Centre OCP designation.

Option 2

4. Reject this application for rezoning.

### Appendices

Source pages: 42–56

## Appendices

### Appendix A
Rendering of Proposed Development, View from Hockley Avenue

[Image 3: Rendering of Proposed Development, View from Hockley Avenue]

### Appendix B
Site Location

[Image 4: Site Location]

### Appendix C
Location Map

[Image 5: Location Map]

### Submitted by

Source pages: 42–56

## Submitted by

Lauren Morhart, MCIP, RPP Planner

### Concurrence

Source pages: 42–56

## Concurrence

- Matthew Baldwin, MCIP, RPP Director of Planning  
- Cory Manton, Manager of Parks and Recreation  
- Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering  
- Leah Stohmann, MCIP, RPP, Deputy Director of Planning  
- Michael Dillabaugh, CPA, CA, Director of Finance  
- Braden Hutchins, Director of Corporate Services  
- Darren Kiedyk, Chief Administrative Officer
