Application for a Temporary Use Permit at 890 Goldstream Avenue to allow the continued operation of an after-school computer coding program for children

Executive Summary

Jesse Bowness of Code Ninjas Westshore has applied, on behalf of the property owner David Baird, for a Temporary Use Permit (TUP) to allow the continued operation of a training and education facility that teaches computer programming and coding to children aged 5 to 14. The business is located on the lower floor of the front unit at 890 Goldstream Avenue. The use is currently permitted under TUP20-0003, which was renewed for a three-year extension and is set to expire on August 22, 2026.

Background

Previous Applications

• In 2003, a development permit (DP03-0023) was issued for exterior upgrades to 890 Goldstream Ave. and the neighboring property 888 Goldstream Ave.
• On October 6, 2020, a temporary use permit (TUP20-0003) was issued to Jesse Bowness to operate the training and educational facility known as Code Ninjas Westshore for a period of three years.
• On August 22, 2023, TUP20-0003 was granted a three-year extension which is set to expire on August 22, 2026.

Table 1: Site Data

Site and Surrounding Area

The subject site is located just east of the intersection of Goldstream Avenue and Jacklin Road, across from City Hall. The site is fully developed with a commercial building that currently contains three separate units. There are three parking stalls located at the front of the building, with additional stalls situated at the rear. The site is within walking distance of Ruth King Elementary School.

Figure 1: Subject Property

Table 2: Surrounding Land Uses

Commentary

Proposal

A new Temporary Use Permit (TUP) application has been submitted by Jesse Bowness, owner of Code Ninjas Westshore, on behalf of the property owner, David Baird, to enable the continued operation of an after-school coding program for children aged 5 to 14. The business has previously operated under an approved TUP and subsequent extension; however, as only one extension is permitted under the Local Government Act, a new TUP application is required to maintain the use.

The proposed use is classified as a “training and education facility” under Zoning Bylaw No. 300. This use is not permitted in the CS3 zone, which applies to the subject property. Accordingly, approval of a Temporary Use Permit or a rezoning application is necessary to authorize the continued operation.

The original TUP20-0003 was issued with the following terms and conditions:

a. That the addressing for the three units be clarified and revised as required to the satisfaction of the Fire Chief prior to issuance of a Business Licence;

b. That the applicant will retain an Architect to supply the appropriate code analysis for the building change of use and to ensure code compliant fire separation and B.C. Building Code 2018 code requirements are met for the unit prior to a Business Licence being issued, to the satisfaction of the Chief Building Inspector;

c. That the Temporary Use Permit be issued only to Jesse Bowness, doing business as Code Ninjas Westshore and not to be transferred to any subsequent business or business owner should Code Ninjas Westshore cease to operate.

Since the issuance of the original TUP20-0003, all tenant improvements at the subject property have been completed, and a perpetual business licence has been issued. Therefore, all conditions of the original TUP have been met. Staff circulated referrals for this Temporary Use Permit to internal departments, as well as to the Fire Department. Reviewers have responded that they have no concerns with the application.

Council Policy

Official Community Plan

The Official Community Plan (OCP) Bylaw No. 2200 designated the subject property as “City Centre”, which is defined by the following text:

Financial Implications

There are no known financial implications associated with this TUP application.

Legal Implications

Pursuant to s. 497 of the Local Government Act, the City may issue a 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 6-year period, they are required to make a new application to Council for a TUP or apply for rezoning.

Section 3.27.01 of Zoning Bylaw No. 300 designates all of Langford as an area where Temporary Commercial or Industrial Use Permits may be issued with such permits being considered on their individual merit. Council regulates Temporary Use Permits though Part 3 of Zoning Bylaw No. 300, including Sections 3.27.03 and 3.27.04 of the Zoning Bylaw which allow for Council to require that form and character of the building meet guidelines for commercial or industrial properties and allows Council to ask for specific information or reports.

Options

Option 1

THAT the Sustainable Development Advisory Committee recommend:

THAT Council:

1. Direct staff to provide notice that Council will consider issuing a Temporary Use Permit for a computer programing school for children at 890 Goldstream Avenue, subject to the following terms and conditions:
   a.
   THAT the Temporary Use Permit be issued only to Jesse Bowness, doing business as Code Ninjas Westshore and not to be transferred to any subsequent business or business owner should Code Ninjas Westshore cease to operate; AND
   b.
   THAT the Temporary Use Permit is issued for a period of three years from time of issuance.

OR Option 2

THAT the Sustainable Development Advisory Committee recommend:

THAT Council take no action with respect to this application for a Temporary Use Permit at 890 Goldstream Avenue until such time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

a. _______________;

b. _______________;

c. ____________.

Submitted By

SUBMITTED BY: Kory Elliott, Planning and Land Development Technician

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