TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: April 28, 2025 Report No. DEV-25-008
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Temporary Use Permit Application - 429 Lampson Street
RECOMMENDATION:
Recommendation
That Council approve the Temporary Use Permit at 429 Lampson Street to allow the temporary uses of a Sales Centre, consisting of a sales office, display suites, and parking as outlined in Staff Report DEV-25-008.
Body
EXECUTIVE SUMMARY:
The purpose of this Temporary Use Permit (TUP) is to allow a portion of the site, as illustrated in Appendix C, to be used for a temporary Sales Centre for multifamily units on-site, which consists of a sales office, display suites, and parking. These uses are not permitted within the site’s CD No. 84 zone. The TUP will be valid for two years from date of approval, but it is expected that the owner will want to discontinue the use as soon as the units are substantially sold.
BACKGROUND:
Context:
Applicant and Owner: Aragon (Lampson) Properties Ltd.
Designer: Merrick Architecture
Property Size: 17,638m2
OCP Land Use Designation:
Current: English Inn
Proposed: English Inn
Zone: CD-84
Existing Land Use: Mixed Use Commercial/Residential
Proposed Land Use: Mixed Use Commercial/Residential
Surrounding Land Uses:
North: Low and Medium Density Residential
South: Low Density Residential
East: Federal Department of National Defense Mixed Use
West: Low Density Residential
Chronology:
• February 6, 2025 - Temporary Use Permit application received
• April 15, 2025 - Advisory Planning Commission
Advisory Body Recommendations:
Advisory Planning Commission
At their April 15, 2025, meeting, the Commission recommended that Temporary Use Permit TUP00015, to allow the temporary uses of a Sales Centre, consisting of a sales office, display suites, and parking, at 429 Lampson St be forwarded to Council with a recommendation to approve the application.
ANALYSIS:
Official Community Plan
4.3 Temporary Use Permits
OBJECTIVE: To allow for the temporary use of a parcel of land for a use that is not permitted on the parcel under current zoning.
Policy
The entire Township is designated as an area where temporary uses may be allowed.
Policy
Temporary Use Permits may be approved and issued for residential, commercial, industrial, recreational, public utility, agricultural, and institutional uses, including any combination of the foregoing uses, that do not conform to the permitted uses for a parcel as prescribed in the Zoning Bylaw.
Policy
Temporary Use Permits may be issued for a period in accordance with the Local Government Act, presently of up to three-years and may be renewed for up to an additional three-year period.
Policy
In considering an application for a Temporary Use Permit, Council may consider the following:
1. Suitability of the site for the proposed use;
2. Compatibility with adjacent land uses;
3. Potential environmental impacts, and
4. Potential economic impacts.
Policy
Temporary Use Permits may be issued with conditions, including with respect to the following:
1. Requirement for security deposits in order to ensure removal of the use and related
buildings and structures on termination or expiry of the permit, rectification of unsafe
conditions and/or damage to the environment as a result of the temporary use and/or
compliance with any conditions associated with the approval and issuance of a Temporary Use Permit;
2. Restrictions on duration and timing of use;
3. Restrictions on the intensity of use;
4. Provision of adequate parking;
5. Provision of landscaping and buffering;
6. Provisions related to the structures and buildings associated with the temporary use;
7. Provisions for traffic management;
8. Provisions for control of nuisances including but not limited to: noise, dust, fumes, odour, glare, vibration, and light; and
9. To allow for the better integration of the temporary use with the surrounding neighbourhood and the community of Esquimalt as a whole.
PROPOSAL:
The conditions of the Temporary Use Permit attached as Appendix A are the following:
1. This Temporary Use Permit is issued subject to compliance with all of the bylaws of the Municipality applicable thereto, except as specifically varied or supplemented by this Permit.
2. In accordance with Section 493 of the Local Government Act, this Temporary Use Permit has been issued to allow the uses of a Sales Centre at 429 Lampson Street [PID 023-009-331 LOT B SECTION 11 ESQUIMALT PLAN VIP60066] (the “Site”).
3. In accordance with Section 493 (2)(b) of the Local Government Act, the following conditions apply to the permitted temporary use:
a. Sales Centre means a site used by the ‘Development Company’ (Aragon (Lampson) Properties Ltd.) and its sub-contractors for the following uses, for the duration of the construction of the principal buildings on the Site:
i. Sales Office
ii. Display Suites
iii. Parking
b. In accordance with Section 501(2) of the Local Government Act, the lands subject to this permit shall be operated strictly in accordance with this permit and the plans attached as Schedule ‘A’.
c. Permit is valid until ________, 2027 (2 years from the date of approval).
d. Hours of operation must be limited to 11:30 am to 5:30 pm.
e. A designated person employed by the Owner must always accompany occupants on the Site.
f. Physical barriers must be erected on the Site to contain occupants within the Sales Centre.
g. Signage reading “Construction Zone - Do Not Enter” must be erected on the Site to separate the Sales Centre from other portions of the property.
h. Emergency lighting and exit signage must be provided on the Site for the common principal routes.
i. A designated person employed by the Owner must be present on the Site during the Sales Centre hours of operation and must be responsible for the following:
i. Patrolling the Sales Centre to assure that the means of egress are kept clear and that the requirements of the building’s Fire Safety Plan will be enforced.
ii. Contacting the Township’s Fire Department in case of a fire on the Site.
iii. Notifying occupants of the Sales Centre to leave the premises immediately.
PARKING ANALYSIS:
The applicant is proposing to dedicate seven vehicle parking spaces in the underground parkade for the Sales Center, with one of the stalls being an accessible space.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection): No concerns.
Engineering Services: No concerns.
Parks: No Concerns.
Fire Services: Required confirmation that:
1. Fire alarms and suppression systems working on the floors being used
2. Fire separations in place
3. Parking structure occupancy in place
Applicant responded that all are in place.
OPTIONS:
1. That Council approve Temporary Use Permit No. TUP00015.
2. That Council deny Temporary Use Permit No. TUP00015.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications associated with this application.
COMMUNICATIONS/ENGAGEMENT:
Notices were mailed to owners and occupiers of parcels within 100 metres [328 feet] of the subject property on April 15, 2024, indicating that Council would be considering the requested Temporary Use Permit. Notices were also posted on the Township’s website and distributed through its email subscription service and posted on the Township’s physical notice boards.
TIMELINES & NEXT STEPS:
Should Council approve TUP00015, staff will issue the permit.
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:
List all items attached to the Staff Report
1. Appendix A: TUP00015
2. Appendix B: Aerial Map
3. Appendix C: Sales Centre Drawings
4. Appendix D: Applicant Letter
5. Appendix E: Staff Presentation
6. Appendix F: Applicant Presentation