TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: June 9, 2025 Report No. DEV-25-016
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Adoption - Housing Agreement Bylaw and Rezoning Bylaw - 602, 608, 612 & 618 Nelson Street and 1319, 1331 & 1347 Sussex Street
RECOMMENDATION:
Recommendation
1. That Council adopt Housing Agreement Bylaw, 2024, No. 3127; and
2. That Council adopt Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126.
Body
EXECUTIVE SUMMARY:
Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126 amends the zoning from a mix of RM-1 [Multiple Family Residential] and CD-150 [Commercial-Residential Mixed Use] to Comprehensive Development District No. 164. This change accommodates the proposed 12-storey, 314-unit, multiple family purpose built rental residential building including 352 m2 [3791 ft2] of commercial space.
Housing Agreement Bylaw, 2024, No. 3127 contains the terms for the affordable and accessible housing that were provided as part of the density bonus amenities.
A Section 219 Covenant was registered on the title of the subject properties subsequent to the 3rd Reading of Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126 on March 18, 2024. As this Covenant implements all the terms presented at 3rd Reading, Amendment Bylaw No. 3126 can be adopted.
BACKGROUND:
Amendment Bylaws No. 3126 and No. 3127 were given 1st, 2nd and 3rd reading on March 18, 2024. Adoption of the bylaws was withheld subject to the registration of a Section 219 Covenant on title.
Section 219 Covenant CB1681365 has now been registered on title (Appendix C) and addresses the following items:
• Lot consolidation prior to development as the proposed CD No. 164 Zone does not work unless the parcels are consolidated
• Park dedication with a minimum area of 425 m2
• A minimum 11.2% of required parking spaces will be provided and remain as visitor parking spaces
• Provision of one-year BC Transit bus passes for the Victoria Regional Transit System for the residents in the sub-market rental units
• A minimum of 3.6% of the dwelling units designed and constructed to be and continue to be 3-bedroom dwelling units
• Cash contribution in the amount of $250,000 towards a new traffic signal at the intersection of Nelson Street and Esquimalt Road
Staff confirms that the registered covenant adequately implements all these items.
Chronology:
• December 8, 2022 - Rezoning application received
• November 28, 2023 - Amended drawings received to include 602, 608 & 612 Nelson Street
• December 13, 2023 - Design Review Committee
• January 16, 2024 - Advisory Planning Commission
• March 18, 2024 - Council gives 1st, 2nd and 3rd Reading
HOUSING AGREEMENT BYLAW:
The property owner and the Township wish to enter into a Housing Agreement that would include the following provisions:
• A minimum of 8.3% will be provided as affordable housing consisting of:
o a minimum total floor area of 1,500 m2
• Affordable rent is defined as not more than 30% of the gross household annual income.
• Affordable dwelling units must be occupied by households with a gross annual income at or below the BC Housing Income Limits for the Victoria region.
• Affordable dwelling units must have an occupancy standard of at least one person per bedroom and at least one person per bachelor unit.
• A minimum of 5% will be provided as accessible housing consisting of:
o a minimum total floor area of 750 m2
• Other than restricting short-term rentals of less than 30 days, all of the dwelling units are available as rental housing rented under the terms of a residential tenancy agreement that complies with the provisions of the Residential Tenancy Act.
• Provision that an individual, government agency, or corporation be allocated no more than ten dwelling units at any given time. An exception to this allocation is made for the Department of National Defence and Seaspan for workforce housing.
Should this Housing Agreement Bylaw be adopted, Township representatives will execute the document and register a Notice of the Housing Agreement on the title of the subject properties.
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 Housing Agreement Bylaw, 2024, No. 3127 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126.
2. That Council defeat Amendment Bylaw Nos. 3127 and 3126.
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. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126
2. Appendix B: Housing Agreement Bylaw, 2024, No. 3127
3. Appendix C: Section 219 Covenant CB1681365