TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 07, 2025 Report No. DEV-25-028
TO: Councill
FROM: Kirsten Dafoe, Planner II and Bill Brown, Director of Development Services
SUBJECT: Official Community Plan Amendment Consultation List - 868 Old Esquimalt Road
RECOMMENDATION:
Recommendation
That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan and Zoning Amendment concept plan detailing the proposed 7-unit townhouse development at 868 Old Esquimalt Road.
Body
EXECUTIVE SUMMARY:
The applicant is requesting to amend the Official Community Plan, Schedule H - Development Permit Areas to accommodate the proposed 7-unit townhouse development [Appendix C]. A change in zoning is also required for this proposal.
Per Sections 475 and 476 of the Local Government Act, Council must consider who should be consulted and how they should be consulted for all Official Community Plan amendments.
BACKGROUND:
An amendment to the Official Community Plan is required to accommodate the proposed 7-unit townhouse development at 868 Old Esquimalt Road. In accordance with the provisions outlined in the Local Government Act, staff have established a list for Council's review and consideration of persons, organizations, and authorities that must be consulted with respect to this application to amend the Official Community Pan to accommodate the proposed development. This is an early step in the application process that occurs prior to bringing the relevant amendment bylaws forward for broader consideration, discussion, and debate.
Relevant Policy:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Chronology:
• April 4, 2025 - Rezoning Application Submitted
ANALYSIS:
The applicant is requesting an amendment to the Official Community Plan, Schedule H - Development Permit Areas to change the property’s current Development Permit Area designation from the current ‘Development Permit Area 3 - Enhanced Design Control Residential’ to ‘Development Permit Area No. 6 - Multi-Family Residential.’ The change in Official Community Plan Development Permit Area designation is required to accommodate the 7-unit townhouse development that is proposed. A change in zoning is also required to accommodate the development as detailed in the proposed development concept plan [Appendix C]. The proposed development is consistent with the proposed Land Use Designation of “Townhouse Residential” Schedule ‘B’ in the Official Community Plan. The applicant is proposing community amenities to support the density greater than the 0.7 set out for the “Townhouse Residential” designation in the form of one non-market townhouse to be sold and maintained at a sub-market rate.
Currently, the subject property contains a Single-Family Dwelling and is designated DPA 3 - Enhanced Design Control Residential as shown in Schedule ‘H’. DPA 3 provides guidelines for two-unit dwellings. The proposed development of townhomes is therefore not consistent with this Development Permit Area. Therefore, the proposed amendment to the Official Community Plan would consist of an amendment to Schedule ‘H’ to designate this parcel as part of Development Permit Area 6 - Multi-Family Residential.
Section 475(2)(b) of the Local Government Act provides the following list of organizations and authorities that Council must specifically consider whether consultation is required with:
i. the Board of the Regional District in which the area covered by the plan is located
ii. the Board of any Regional District that is adjacent to the area covered by the plan
iii. the Council of any municipality that is adjacent to the area covered by the plan
iv. First Nations
v. Board of Education, greater Boards, and Improvement District Boards
vi. the Provincial and Federal Government and their agencies
Staff have reviewed the requirements of Section 475 of the Local Government Act and provided a tentative list [Appendix B] of persons, organizations, and authorities that should be consulted pursuant to Section 475 of the Local Government Act. In addition, Section 476 of the Local Government Act requires the mandatory consultation with any school districts that incorporate the subject property. The boards of both School District Nos. 61 and 93 have been included in the list to address this requirement.
Furthermore, as per Section 475 (2)(a) of the Local Government Act, Council must “consider whether the opportunity for consultation with one or more of the persons, organizations, and authorities should be early and ongoing.” The applicant has already made efforts in public consultation to neighbouring residents, and the recommendation of this report would provide for early efforts, specifically with respect to the Official Community Plan amendment.
OPTIONS:
1. That Council, having considered Sections 475 and 476 of the Local Government Act, authorize staff to circulate the Official Community Plan and Zoning Amendment concept plan detailing the proposed 7-unit townhouse development at 868 Old Esquimalt Road.
2. That Council amends the list in ‘Appendix B’ of Staff Report DEV-25-028 by adding or removing persons, organizations, and authorities that it considers affected by the proposed Official Community Plan amendment prior to authorizing Option ‘1.’
3. That Council does not authorize staff to circulate the proposed development concept plan that will form the basis of the proposed Official Community Plan amendment.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
The proposed amendment to the Official Community Plan has no financial implications.
COMMUNICATIONS/ENGAGEMENT:
OCP Amendment Consultation
In addition to the consultation list provided in ‘Appendix B’, Council may decide to further consult persons, organizations, and authorities that it considers affected by the proposed amendment.
Public Notification
As this is an OCP Amendment and a Rezoning application, a statutory public hearing will also be required. Notices would be mailed to tenants and owners of properties within 100 meters of the subject property. A sign indicating that the property is under consideration for a change in OCP Development Permit Area and zoning has been placed on the Old Esquimalt Road frontage and will be updated to reflect the date, time and location of the Public Hearing. Additionally, Notice of the Public Hearing will be published electronically, by posting on the Township’s website and by distributing the notice through the Township’s email subscription service.
Applicant Notification
The applicant is required to hold a Public Meeting to comply with the public consultation procedure of the Development Application Procedures and Fees Bylaw, 2012, No. 2791. The applicant held a Public Meeting on June 2, 2025.
TIMELINES & NEXT STEPS:
Subsequent to the circulation of the Official Community Plan Amendment proposal:
• The persons, organizations and authorities on the consultation list will be given a period of 30 days to comment.
• The applicant will address the concerns of the various committees and staff before a bylaw is drafted and brought to Council for consideration of 1st reading.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A - Aerial Map
2. Appendix B - Official Community Plan Consultation List
3. Appendix C - Proposed Development Concept Plan