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File #: 25-127    Version: 1 Name:
Type: Bylaws for Adoption Status: Passed
File created: 4/14/2025 In control: Council
On agenda: 5/5/2025 Final action: 5/5/2025
Title: Rezoning Application - 861 & 863 Esquimalt Road, Staff Report No. DEV-25-010
Attachments: 1. Appendix A Zoning Bylaw 1992 No. 2050 Amendment Bylaw 2022 No. 3078.pdf, 2. Appendix B: Section 219 Covenant CB1879244

TOWNSHIP OF ESQUIMALT STAFF REPORT

MEETING DATE:  May 5, 2025                     Report No. DEV-25-010

 

TO:                                            Council                                          

FROM:                                           Alex Tang, Planner and Bill Brown, Director of Development Services

SUBJECT:                      Rezoning Application - 861 & 863 Esquimalt Road

 

RECOMMENDATION:

 

Recommendation

That Council adopt Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078.

Body

 

EXECUTIVE SUMMARY:

 

The purpose of the report is to provide information relating to the adoption of the bylaw.

 

 

BACKGROUND:

 

Amendment Bylaw No. 3078 was given 1st and 2nd reading on July 11, 2022.  Subsequently, a Public Hearing was held on August 29, 2022.  Council thought that the density was appropriate but had concerns with the displacement of the existing tenants and recommended that the developer consider a compensation of 6- to 12-months rent.  Moreover, Council advocated for the inclusion of commercial space on the ground storey and a dog wash station.

 

The applicant amended their proposal to include:

•                     59 units (instead of 43 units)

•                     Inclusion of 1 live work unit

•                     Two 3-bedroom units (instead of 8 3-bedroom units)

•                     Same number of parking spaces (44)

•                     Parking ratio of 0.74 (instead of 1.02)

•                     Inclusion of 1 dedicated parking space for a shared vehicle

 

On October 7, 2024, Council amended the bylaw and re-read it.  On November 4, 2024, Council gave 3rd reading after considering comments made at the Public Hearing.  Adoption of the bylaw was withheld subject to the registration of a Section 219 Covenant on title.

 

Section 219 Covenant CB1879244 has now been registered on title (Appendix B) and addresses the following items:

•                     Lot consolidation of 861 & 863 Esquimalt Road Road prior to issuance of a development permit as the proposed CD No. 158 Zone does not work unless the parcels are consolidated

•                     Building to be constructed to meet or exceed the requirements of Step 3 of the BC Energy Step Code

•                     Building to include a minimum of two 3-bedroom dwelling units

•                     A minimum of 6 visitor parking space will be provided and remain

•                     Membership for a shared vehicle service for all the units

•                     Provision of a shared vehicle

•                     A minimum of 50% of the bicycle parking spaces to include a 110V electrical outlet

•                     Registration of a 2.5-metre statutory right of way along Esquimalt Road

•                     Registration of a right of way for the storm drain main that runs through the subject property

•                     Cash contribution equivalent to the cost for the reduction of rain and ground water inflow and infiltration into the sanitary sewer system

•                     Provision of $25,000 for a traffic island at an alternate location

•                     Provision of $50,000 for a crosswalk signals upgrade

 

Staff confirms that the registered covenant adequately implements all of these items.

 

Chronology:

•                     August 27, 2021 - Rezoning application submitted

•                     March 9, 2022 - Design Review Committee

•                     April 19, 2022 - Advisory Planning Commission

•                     July 11, 2022 - Council gives 1st and 2nd reading

•                     August 29, 2022 - Public Hearing

•                     October 7, 2024 - Council amend and re-read a second time as amended

•                     November 4, 2024 - 2nd Public Hearing

 

ANALYSIS:

 

Environmental Impact:

The applicant has completed the Esquimalt Green Building Checklist, detailing green features that will be considered for inclusion in the development should it be approved.

 

 

OPTIONS:

 

1.                     That Council adopt Amendment Bylaw No. 3078.

 

2.                     That Council defeat Amendment Bylaw No. 3078.

 

COUNCIL PRIORITY:

 

Housing

 

FINANCIAL IMPACT: 

 

There are no financial implications associated with the proposal.

 

COMMUNICATIONS/ENGAGEMENT: 

 

In accordance with post-Public Hearing considerations, no further communications or engagements have been provided to Council.

 

TIMELINES & NEXT STEPS:

 

•                     The adoption of the amendment bylaw will complete the rezoning of the properties.

•                     Subsequently, Council will see the development permit application.

 

REPORT REVIEWED BY:

 

1.                     Bill Brown, Director of Development Services, Reviewed

2.                     Ian Irvine, Director of Finance, Reviewed

3.                     Deb Hopkins, Director of Corporate Services, Reviewed

4.                     Dan Horan, Chief Administrative Officer, Concurrence

 

LIST OF ATTACHMENTS: 

 

1.                     Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078

2.                     Appendix B: Section 219 Covenant CB1879244