Staff Report to Sustainable Development Advisory Committee

EXECUTIVE SUMMARY

Xeniya Vins of InVision Developments has applied on behalf of 1325324 BC Ltd to rezone four properties at 709/711, 715, 719, and 721 Massie Drive from the One- and Two-Family Residential (R2) Zone to the Medium Density Residential (RM6) Zone to allow for a six-storey apartment with approximately 109 residential rental units, next to Danbrook Park. No variances have been requested.

The RM6 Zone is a new zone introduced as part of Bylaw No. 2274, which was recently adopted by Council on June 29th to bring Zoning Bylaw No. 300 into compliance with updated provincial legislation related to housing and development financing tools. Moving forward, the RM6 Zone will be the primary zone used to regulate new applications for apartment buildings up to six storeys in height.

BACKGROUND

Previous Applications

There have been no previous applications made for the subject properties.

Table 1: Site Data

Zoning and OCP Designation

Site and Surrounding Area

The subject properties are located within Langford’s City Centre on Massie Drive, next to Danbrook Park. The four lots are flat and contain existing dwellings. The site is located within downtown Langford and is in close proximity to many shops, services, transportation options, and the new Royal Roads University – John Horgan Campus. The existing neighbourhood contains a wide variety of housing types, including single family homes, duplexes, townhomes, and apartments. A total of six trees are proposed to be removed, of which four are located on the development site or shared property lines, and two are municipal trees. The applicant has submitted an arborist report that will be discussed in greater detail later within this report.

Figure 1: Subject Properties

School District No 62 has been made aware of this application such that they can consider the proposed increase in density in this area as part of their long-range facility planning.

COMMENTARY

Table 2: Surrounding Land Uses

Development Proposal

The applicant has applied to rezone 709/711, 715, 719, and 721 Massie Drive from the One- and Two-Family Residential (R2) Zone to the Medium Density Residential (RM6) Zone to allow for a six-storey apartment with approximately 109 residential rental units. The unit makeup is comprised of 53 studio units, 5 one-bedrooms, 31 junior two-bedrooms, 10 two-bedrooms, and 10 three-bedroom units. All proposed ground floor units facing Massie Drive are designed with individually accessed entrances from the sidewalk, allowing the building to exceed the minimum requirement of 80% active building frontage. To remain consistent with other rezoning applications, Council may wish to require that this building be constructed with electric heat pumps.

As shown below in Figure 2 and the plans attached, site access is proposed on the eastern side of the site, with significant outdoor common amenity area for tenants concentrated in the southwest corner, abutting Danbrook Park.

Figure 2: Site Plan

The building is designed so the ground floor units are sitting a few steps up from the sidewalk grade, as supported by the City’s OCP in the High-Quality City Building section. This allows for much better privacy for ground floor residents and creates an improved interface with the sidewalk. Although there will be a few steps up from the sidewalk to most ground floor units, accessible access to the units will still be provided through the interior corridor. The applicant is also demonstrating an indoor amenity space next to the building lobby, beside Danbrook Park. While final programming of the space has not yet been determined, indoor amenity spaces in rental apartment buildings are often used for meetings, celebrations, or a resident gym space.

The applicant has provided a conceptual rendering of the proposed development to demonstrate the intended form and character, shown below in Figure 3. The building materials are proposed as Hardie reveal board and siding, complimented by composite wood siding. While the design is considered conceptual, the final design would be confirmed through a form and character development permit, in accordance with the City’s Design Guidelines.

Figure 3: Conceptual rendering, northwest view

Zoning

The RM6 Zone is one of four new zones introduced as part of Bylaw No. 2274, which was adopted by Council on June 29th to bring Zoning Bylaw No. 300 into compliance with updated provincial legislation related to housing and development financing tools. Following a review of the City’s Zoning Bylaw in relation to this legislation, it was determined that some of the existing zones structured around a density bonus framework (see the Amenity Contribution Policy section below for more information) needed to be deleted, some amended, and, while others can remain in place, they must be “retired.” This means that they can remain in the Zoning Bylaw to accommodate properties that have already been rezoned with site-specific density bonus conditions but can no longer be used moving forward. As such, Bylaw No. 2274 introduced four new zones to replace the zones that were deleted and retired and that will regulate the most common built forms moving forward, including ground-oriented infill, townhouses, apartments up to six storeys, and mixed-use buildings up to six storeys. The RM6 Zone was created to regulate apartment buildings up to six storeys and has been reviewed in relation to proposed new Design Guidelines to ensure that the new regulations support the desired design outcomes.

Parking

The City has recently adopted an updated parking bylaw that pertains to both vehicle, accessible, loading, and bicycle parking requirements. As the applicant completed significant work on their architectural plans prior to the adoption of the new parking regulations, the new parking requirements are not reflected in their current plans. The applicant, who is the project architect, has reviewed the new bylaw in detail and has confirmed they will be able to meet the new requirements within their future development permit submission, should this rezoning be approved.

The new parking regulations do not require any vehicle parking for this development, due to its location in the City Centre. That said, the new bylaw does require the developer to provide carshare memberships to all units for the lifetime of the building. There are currently two Modo carshare vehicles within 100 meters of the site. There will also be a requirement for one on-site loading space, and three accessible parking stalls, one of which must be able to accommodate an accessible van. The applicant may choose to include vehicle parking stalls for residents, even if the bylaw does not require it.

This project would require a total of 141 long-term bicycle stalls, plus 6 short-term spaces at the front entrance. At least 15% of the bike stalls must be designed for oversized bikes, and 50% of the oversized bike stalls must have access to an outlet for charging.

To remain consistent with previous applications for similar developments, Council may wish to secure through a Section 219 covenant that any residential vehicle parking provided cannot be charged separately and must be included in the tenants rent.

Table 3: Proposal Data

Trees and Landscaping

As part of their application, the applicant has submitted an arborist report to assess on- and off-site trees that may be impacted by the proposed development. The report identified a total of six trees that will need to be removed in order for the development to proceed as designed. Of the six, three are located on-site (1 Japanese maple and 2 Lawsons cypress), one is considered a shared property line tree (Lombardy poplar), and two are within the municipal boulevard (both plum). The applicant has been in touch with the other owner of the shared property line tree, and they have provided a consent letter to allow the trees to be removed. The Parks Department has stated they have no concerns about the two municipal trees being removed due to their small size.

The arborist report identified four large Douglas fir trees in the southwest corner of the site that can be retained and will form part of the on-site outdoor common amenity space for residents. These four trees are significant in size and have a canopy coverage of 4 – 6 meters each. The arborist confirmed no trees within Danbrook Park should be impacted by the proposal. The applicant also took steps to alter their design to allow for the health and retention of a large arbutus tree on the neighbouring property at 707 Massie Drive.

To ensure trees identified for retention both on- and off-site are protected throughout construction, the project arborist should supervise all excavation and fill placement required within critical root zones of trees intended for retention and ensure tree protection fencing is installed.

To support their application, the applicant has also submitted a landscape plan. The applicant is demonstrating approximately 22% of the lot as landscaping, heavily focused in the rear corner adjacent to Danbrook Park. This area was selected to ensure that the trees in Danbrook Park were not negatively impacted by excavation or foundation works. This area also includes a resident outdoor amenity area with bench seating, far exceeding the bylaw minimum requirement for 5% outdoor common amenity space.

The RM6 zone introduces a new regulation for 10% of the lot to be “live landscaping”. This regulation is designed to ensure space is provided on a development site to allow for the planting or protection of significant trees and will help achieve the canopy goals of the City’s Urban Forest Management Plan.

Multi-Modal Network

FRONTAGE IMPROVEMENTS

The Director of Engineering and Public Works has noted that frontage works are already completed in front of the subject property. If any of the frontage works are disturbed throughout construction, the developer will be responsible for reinstating the frontage to Bylaw 1000 standards.

TRAFFIC

As part of their application, the applicant submitted a Traffic Impact Assessment (TIA). The TIA has been reviewed and approved by both the Ministry of Transportation and Transit and the City’s Director of Engineering and Public Works.

PEDESTRIAN, CYCLING AND MOTORIST NETWORK

As noted, the subject properties are well located within the Langford City Centre with excellent access to shops, services, and transit options. An existing sidewalk connects Veterans Memorial Parkway and Claude Road on the south side of Massie Drive, fronting the subject properties, as well as bike lanes on both sides of the street. Approximately 100 m away are two Modo carshare vehicles on Goldstream Avenue. Based on the City’s new parking regulations, the developer will be responsible for providing each unit with a carshare membership for the lifetime of the building. It is anticipated that two more Modo carshare vehicles will become available with the development under construction on the corner of Claude and Percy. The site is well serviced by BC Transit, with the West Shore Blink Rapid Bus that provides high frequency trips to downtown Victoria running along Goldstream Ave, amongst other bus routes. The site is also within close proximity to the E&N Trail.

Infrastructure

DRAINAGE AND STORMWATER

The applicant has submitted a stormwater technical memo prepared by an engineer outlining how they plan to manage stormwater on-site. This memo has been reviewed and approved by the Director of Engineering and Public Works.

SEWERS

A sewer main exists along Massie Drive and a connection from the building to this main would be required. Any improvements, extensions, or modifications needed to the sewer main within the municipal road right-of-way will be completed by West Shore Environmental Services at the applicant’s expense.

Construction Impact Mitigation

Council may wish to require a Construction Parking and Delivery Management Plan as a condition of rezoning and require that it be provided to the satisfaction of the Director of Engineering and Public Works prior to any land alteration. This should be secured within a covenant, prior to Bylaw Adoption.

Construction Staging/Encroachments

Any construction staging beyond the property limits requires a construction licence with the City, including but not limited to temporary above or below ground occupancy of any public lands or rights-of-way. Construction licences must be executed prior to any land alteration and are subject to non-negotiable terms, conditions, and one-time and/or daily fees. All permanent encroachments and above ground temporary construction licences on public lands or rights-of-way are subject to Council approval.

Neighbourhood Consultation

The applicant has informed staff that they have met with the direct neighbours on Massie Drive and Danbrook Avenue. The applicant provided them with a pamphlet outlining the proposal and included a feedback form and their contact information for any questions.

Council Policy

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designated the subject properties as “City Centre – Moderate High-Rise”, which is defined by the following text:

As noted above, the subject proposal is only for a six-storey building despite the OCP area supporting up to 12-storeys at this location.

The proposed development meets the City’s OCP in a myriad of ways, such as:

“To support growth based on the Big Ideas of this OCP and the sustainable vision of the community established through public engagement, the new housing approvals enabled by this OCP focus on denser, multi-modal, multi-family “infill” development in the City Centre,…”

5.28. Ensure the City Centre, Urban Centres, and key Corridors have densities and land-use mixes that specifically support walking, biking, rolling, and public transit, and can become locations for future transit-oriented areas.

6.1.8. Require new development to incorporate active building frontages facing the street. This can be in the form of individually accessed shops, services, and/or residential “front doors” with a slight grade change, as required or enabled through Section 6.1.1.

7.14. Integrate green and natural elements into site design, wherever practical and strategic in highly urban and urbanizing contexts by using comfortable, livable architecture and urban design.

7.20. New multi-family residential developments will include common amenity spaces to support social connections and urban quality of life, which may include rooftop decks, courtyards, community or shared gardens, gyms, BBQ spaces, playgrounds, indoor gathering or entertainment spaces, or similar features. A focus will be placed on ensuring these spaces have access to natural light and are designed to foster social connections between neighbours.

8.14. Locate new housing, particularly higher-density housing and housing that addresses the key areas of housing need, near transportation infrastructure that supports walking, rolling, cycling, public transit, and other alternative forms of transportation that provide access to jobs, shops, services, and amenities.

10.9. Maintain a healthy urban forest that can withstand and adapt to the impacts of climate change.

DEVELOPMENT PERMIT AREAS

The subject properties are not located within any of the Environmental Protection or Hazardous Area Development Permit Areas. However, these properties are subject to Form and Character Development Permit in accordance with the City’s Design Guidelines, due to site location within the City Centre.

LOW CARBON CONCRETE

In accordance with Council’s Low Carbon Concrete Policy POL-0167-PLAN, Council may wish to require the applicant to utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data for the construction of the proposed development.

ATTAINABLE HOUSING POLICY

Council may wish to require the applicant to enter into a Housing Agreement, prior to issuance of a Building Permit, in order to meet the City’s Attainable Home Ownership Policy or Council’s resolution from February 2023 that addresses purpose built rental buildings. This would require that either a minimum of 5% of the units constructed be directed to and sold in accordance with the terms of the Attainable Home Ownership Program Policy OR that a minimum of 10% of the units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25-years. Further to this second option, Council has also accepted an alternative equivalency for rental projects, wherein 10% of the units are provided at a deeper affordability rate calculated as 30% of the median renter income for Langford, for a term of not less than 10-years, as this algins with funding models available through the Canadian Mortgage Housing Corporation (CMHC).

Ultimately, these policies will be replaced by the City’s new Inclusionary Zoning (IZ) Bylaw, which essentially converts the above-noted requirements into bylaw format, such that below-market housing, or cash-in-lieu, can be secured from all new development (excluding development subject to pre-existing rezoning approval conditions), rather than just from those developments seeking rezoning approval. However, as this rezoning application was in-stream at the time the IZ Bylaw was adopted, it is exempt from the new requirements set out in that Bylaw, so the Attainable Housing Policy will still apply in this case.

The developer shall identify the Attainable Units on the plans submitted for the required Development Permit application, and the final affordability commitment will be secured through a Housing Agreement Bylaw prior to the issuance of a Building Permit, at which time Council will have an opportunity to review and consider proposed affordability terms.

FINANCIAL IMPLICATIONS

Rezoning the subject properties to permit higher density of development will increase the assessed value of lands and eventually will increase municipal revenue due to the number of units created. As the developer is responsible for completing all frontage improvements, the direct capital costs to the City associated with this development will be negligible. A summary of Amenity Contributions and Development Cost Charges that the developer will be expected to pay, is outlined in Tables 4 and 5 below.

Council’s Amenity Contribution Policy

Similar to the conversion of the Attainable Housing Policy to a new Inclusionary Zoning (IZ) Bylaw, the City’s Amenity Contribution Policy has been converted to an Amenity Cost Charge (ACC) Bylaw. The City has historically secured amenity contributions outlined in the Amenity Contribution Policy (or as otherwise negotiated) as a condition of rezoning through a density bonus framework in the Zoning Bylaw, where the zone only allows the development to proceed if the specified amenity contributions are provided. Updated provincial legislation no longer allows density bonus frameworks to be structured in this manner, so the ACC Bylaw was established in order to ensure the City can continue to collect funds to support the creation of new community amenities as the city grows.

As with the IZ Bylaw, the new ACC bylaw can’t apply to in-stream applications like this one. At the same time, amenity contributions can no longer be secured as a density bonus in the Zoning Bylaw in accordance with previous practice. Given this, Council may wish to secure the amenity contributions set out in the Amenity Contribution Policy in a Section 219 Covenant prior to Bylaw Adoption, to be paid at the time of building permit.

Table 4 – Amenity Contributions per former Council Policy

Table 5 - Development Cost Charges

LEGAL IMPLICATIONS

Should Council choose to proceed with consideration of Bylaw No. 2236, the application will be prohibited from being the subject of a Public Hearing, as per the changes made by the Province to the Local Government Act through The Housing Statues (Residential Development) Amendment Act, 2023.

The amenity contributions specified in Table 4 above are to be secured through a Section 219 covenant and will be payable at the time of building permit along with the current Development Cost Charges specified in the various DCC Bylaws.

Council’s other conditions of approval would be registered in a Section 219 Covenant in priority of all other charges on title prior to consideration of bylaw adoption.

OPTIONS

Option 1

THAT the Sustainable Development Advisory Committee recommend:

THAT Council:

1. Consider bringing forward Bylaw No. 2236 for 1st, 2nd, and 3rd readings at a future Council meeting in order to amend the zoning designation of the properties located at 709/711, 715, 719, and 721 Massie Drive from the One- and Two-Family Residential (R2) Zone to the Medium Density Residential (RM6) Zone subject to the following terms and conditions:

   a. That the applicant, prior to Bylaw Adoption, registers a Section 219 covenant in priority of all other charges on title, that agrees to the following:

   i. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit:

   1. Full frontage improvements; and
   2. A storm water management plan.

   ii. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to any land alteration:

   1. A construction parking management plan; and
   2. A mitigation plan.

   iii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character;

   iv. That prior to the issuance of a Building Permit, the following contributions are provided:

   1. $2,850 per residential unit created towards the General Amenity Reserve Fund on the 1st through 4th storeys;
   2. $1,425 per residential unit created towards the General Amenity Reserve Fund on the 5th and 6th storeys;
   3. $750 per unit created towards the Affordable Housing Reserve Fund on the 1st through 4th storeys; and
   4. $375 per unit created towards the Affordable Housing Reserve Fund on the 5th and 6th storeys.

   v. That a separate covenant be registered prior to issuance of a building permit for the proposed development that ensures that any residential parking is not provided in exchange for compensation separate from that of a residential unit;

   vi. That the building constructed on the properties include a minimum of ten dwelling units designed and built as 3-bedroom units;

   vii. That tree protection measures, inclusive of tree protection fencing, are implemented prior to commencement of work to protect the trees identified for retention in the arborist report throughout the construction period, as per the arborist report prepared by Talmack Urban Forestry, dated July 10, 2025;

   viii. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN;

   ix. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years or that a minimum of 5% of units constructed be directed to and sold in accordance with the terms of the Attainable Home Ownership Program Policy (POL-0166-PLAN). The developer shall identify the Attainable Units on the plans submitted for the required Development Permit application; and

   x. That the building be constructed with electric heat pumps.

OR Option 2

That the Sustainable Development Advisory Committee recommend that Council take no action with respect to this application to rezone at 709/711, 715, 719, and 721 Massie Drive under Bylaw No. 2236 until such time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

a. ______________;
b. ______________;
c. ____________.

SUBMITTED BY

Julia Buckigham, RPP, MCIP, Senior Planner

Concurrence

Leah Stohmann, RPP, MCIP, Director of Community Planning and Development

Concurrence

Melisa Miles, Manager of Legislative Services

Concurrence

Donna Petrie, Senior Manager of Communications & Economic Development

Concurrence

Yari Nielsen, Director of Parks, Recreation and Facilities

Concurrence

Katelyn Balzer, P.Eng., Director of Engineering and Public Works

Concurrence

Marie Watmough, Director of Legislative & Protective Services

Concurrence

Braden Hutchins, Deputy Chief Administrative Officer

Concurrence

Darren Kiedyk, Chief Administrative Officer

Attachments

• Proposed Site Plan
• Conceptual Renderings
• Landscape Concept Plan
• Arborist Report
• Bylaw No. 2236