REQUEST FOR DECISION
MEETING DATE: March 17, 2026 Report No. APC-26-008
TO: Advisory Planning Commission
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 604 Nelson Street
RECOMMENDATION:
Recommendation
That the Esquimalt Advisory Planning Commission recommends to Council to either approve, approve with conditions, or deny the development variance permit consistent with the architectural plan provided by Formed Alliance Architecture Studio, including the following variances for the property located at 604 Nelson Street:
Zoning Bylaw, 1992, No. 2050, 67.151 (9) (a) (ii)- Siting Requirements: Principal Building: Setback: A 3.0-metre decrease to the requirement that no Principal Building shall be located within 3 metres of the Lot Line abutting Nelson Street [i.e. from 3.0 metres to 0 metres], specifically for the parking structure that is situated below the First Storey of a Principal Building.
Body
EXECUTIVE SUMMARY:
The applicant is requesting variances to Zoning Bylaw, 1992, No. 2050 to accommodate the underground parkade. The applicant states that this variance would facilitate an efficient and functional underground parking layout. The setbacks for the Principal Building at and above the First Storey would remain the same.
BACKGROUND:
The applicant is proposing to construct a 6-storey, commercial residential mixed-use building. The applicant is requesting variances to the Zoning Bylaw, 1992, No. 2050 to accommodate the underground parkade. In particular, the applicant is requesting a variance to the setback along Nelson Street for the portion of the Principal Building below the First Storey.
CONTEXT:
Applicant: Aquila Pacific Developments Ltd.
Owner: Nelson Esquimalt Development Ltd., Inc.No. BC1308317
Architect: Formed Alliance Architecture Studio
Total Property Size: Metric: 4298 m2 Imperial: 46270 ft2
OCP Land Use Designation: Commercial / Commercial Mixed-Use
Zone: Comprehensive Development District No. 164
Proposed Land Use: Commercial and Multiple Family Residential [6 Storeys]
Surrounding Land Uses:
North: Multiple Family Residential [4-Storey Apartment]
South: Multiple Family Residential [1-Storey Triplex]
East: Multiple Family Residential [3-Storey Townhouses]
West: Multiple Family Residential [3-Storey Apartments and 3-Storey Townhouses]
ANALYSIS:
ZONING ANALYSIS:
On June 9. 2025, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126. This bylaw amended the zone for the property at 604 Nelson Street to Comprehensive Development District No. 164. This change in zoning was to accommodate a 12-storey building consisting of 314 residential units and 352 m2 of commercial space.
The applicant has changed the design of this building to consist of 6 storeys, 235 residential units, and 354 m2 of commercial space.
In the Comprehensive Development District No. 164 zone, the required setback along Nelson Street is 3.0 metres. The applicant is requesting a variance to reduce this to 0 metres for the underground parkade. The setbacks for the Principal Building at and above the First Storey would remain the same.
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:
Housing
REPORT REVIEWED BY:
1. James Davison, Manager of Development Services, Reviewed
2. Bill Brown, Director of Development Services, Reviewed
LIST OF ATTACHMENTS:
1. Appendix A: Aerial Map
2. Appendix B: Applicant’s Letter
3. Appendix C: Site Plan of Parking Levels P1 and P2 with the Requested Variance Highlighted