REQUEST FOR DECISION
MEETING DATE: August 18, 2026 Report No. APC-26-019
TO: Advisory Planning Commission
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit - 899 Esquimalt Road
RECOMMENDATION:
Recommendation
That the Esquimalt Advisory Planning Commission recommends that Council either approve, approve with conditions, or deny the development variance permit including the following variance for the property located at 899 Esquimalt Road:
Zoning Bylaw, 1992, No. 2050, 67.107 (6) (a) - Size of Commercial and Residentail Spaces: A 91-square metre decrease to the requirement that the minimum Floor Area dedicated to Health Clinic of facility use shall not be less than 370 square metres [i.e. from 370 square metres to 279 square metres].
Body
EXECUTIVE SUMMARY:
The applicant is proposing to lease unit 101 [Strata Lot 68] of 899 Esquimalt Road for the purpose of a temporary leasing office for a care retirement residence to be built at 817 Esquimalt Road. The applicant needs a variance to Zoning Bylaw, 1992, No. 2050, 67.107 (6) (a) to reduce the required minimum area dedicated to Health Clinic use to allow for this temporary leasing office.
BACKGROUND:
On June 28, 2017, the Township received a rezoning application for a 13-storey building at 899 Esquimalt Road. Subsequently, it was presented to the Design Review Committee. The committee had concerns with the height of 13 storeys and recommended approval with one of the conditions being the reduction in height to conform to the Official Community Plan. In response, the applicant amended the proposal to consist of 12 storeys.
On May 15, 2018, the applicant’s amended 12-storey proposal was presented to the Advisory Planning Commission. The applicants also clarified their density bonus amenities to include:
• Provision of 40 rental housing units at 20% below market rate at an off-site development in the Township of Esquimalt.
• Design, construction and provision of a kayak dock.
• Provision of 5 free publicly available electric vehicle charging stations.
• Built Green Canada Silver certification.
• Burial of the hydro lines directly in front of the proposed development on Esquimalt Road; and
• Construction and provision of a new bus stop on Esquimalt Road.
Although the commission had concerns with the height, the Advisory Planning Commission resolved to forward the application to Council with a recommendation of approval as they thought that the density bonus amenities provided were comprehensive.
Subsequently, the applicants amended the amenities to provide a medical clinic in lieu of the sub-market rental housing. On May 27, 2019, the applicant’s proposal was considered by Council before a Public Hearing was held on July 8, 2019. Council recommended that the applicant conduct further consultation in a collaborative process with the neighbours before returning to Council.
After the applicant’s public consultation process, this proposal was amended to 10 storeys and had second reading of the bylaw rescinded, amended and read anew by Council on November 4, 2019. A second Public Hearing was held on November 25, 2019, in which Council gave third reading. On January 20, 2020, the amendment bylaw was adopted with the S.219 Covenant signed and registered on title.
The applicant is now proposing to lease unit 101 [Strata Lot 68] of 899 Esquimalt Road for the purpose of a temporary leasing office for a care retirement residence to be built at 817 Esquimalt Road. This is not currently allowed as per Section 67.107 (6) (a) of Zoning Bylaw, 1992, No. 2050; hence, the applicant is requesting a variance to accommodate this.
ANALYSIS:
ZONING ANALYSIS:
The applicant requires a variance to Zoning Bylaw, 1992, No. 2050, 67.107 (6) (a) to reduce the required minimum area dedicated to health clinic use to allow for this temporary leasing office.
The applicant is proposing the following variance:
Zoning Bylaw, 1992, No. 2050, 67.107 (6) (a) - Size of Commercial and Residentail Spaces: A 91-square metre decrease to the requirement that the minimum Floor Area dedicated to Health Clinic of facility use shall not be less than 370 square metres [i.e. from 370 square metres to 279 square metres].
The bylaw stipulates that 370 square metres (3983 ft2) must be dedicated to Health Clinic or facility use. As unit 101 is part of the 370 square metres dedicated towards Health Clinic use, the applicant is proposing to temporarily reduce the amount of 370 square metres to allow for the temporary leasing office.
In addition, the applicant will register a Section 219 Covenant that states that the reduced floor area for Health Clinic use for the purpose of a temporary leasing office will be for a duration of 12 months. After this period, the applicant will be required to dedicate that area to the use of a Health Clinic.
Amendment bylaw No. 2963, as adopted by Council in 2020, ensures that the development at 899 Esquimalt would provide a minimum of 370 square metres for Health Clinic or facility use. Moreover, it would ensure that the area be dedicated to Health Clinic use beyond the required subsidized lease term of 10 years. The intent of this bylaw is for 370 square metres to be dedicated to Health Clinic use in perpetuity and its deviation would be reducing the quantity of the amenity provided. Presently, the applicant has secured a lease for a medical clinic for 166.3 m2 (1790 ft2) and is seeking to lease 91 m2 for a leasing office for a care retirement residence to be built at 817 Esquimalt Road.
OPTIONS:
1. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved including reasons for this recommendation.
2. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved subject to conditions, including reasons for this recommendation.
3. That the Advisory Planning Commission recommends to Council that the development variance permit application be denied including reasons for this recommendation.
COUNCIL PRIORITY:
Healthy and Engaged Community
Diversified and Thriving Economy
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
LIST OF ATTACHMENTS:
1. Appendix A: Aerial Map
2. Appendix B: Applicant’s Description of Proposed Use
3. Appendix C: Main Storey Plan
4. Appendix D: P1 Storey Plan
5. Appendix E: Applicant’s Presentation