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File #: 25-415    Version: 1 Name:
Type: Bylaws - First & Second Reading Subject to PH Status: Passed
File created: 11/6/2025 In control: Council
On agenda: 11/17/2025 Final action: 11/17/2025
Title: Official Community Plan Project - rescind 2nd Reading of Bylaw and read anew as amended, Staff Memorandum No. DEV-25-059
Attachments: 1. Attachment 1 - Amendment Bylaw No. 3176, 2. Attachment 2 - Bylaw No. 3157

TOWNSHIP OF ESQUIMALT MEMORANDUM

MEETING DATE:  November 17, 2025                     Report No. DEV-25-059

 

TO:                                            Council                                          

FROM:                                           Bill Brown, Director of Development Services and Jakub Lisowski, Planner

SUBJECT:                      Official Community Plan - Rescind 2nd Reading of Bylaw “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176” and read anew a second time as amended

 

INFORMATION:

 

At their November 3, 2025, regular meeting, Council considered “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176”. Following first reading, Council considered and passed the following amendments at second reading:

 

1)                     That Council amend “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176” by deleting the word “Average” and removing the brackets around the word “Median”, so that the title of Figure 3 on page 10 of the Bylaw reads, “Esquimalt Population by Median Age” as per Appendix “A” of staff report DEV-25-057.

 

2)                     To amend Schedule 1 of the Bylaw to replace Section 4.7 with the following text, subject to staff and legal review:

 

Policies identifying a certain number of storeys should be considered guidelines and not regulations for height.  Council may consider development proposals that exceed these guideline heights where, in its judgment, the proposal advances other objectives and policies of this Official Community Plan, as reflected through a zoning amendment.

 

A proposal that exceeds the storey guidelines should not be considered consistent with the OCP for the purposes of Section 464(3)(b) of the Local Government Act.

3)                     Subject to staff and legal review, amend Schedule 1 of the Bylaw to replace the words “Commercial/Commercial Mixed-Use - Tall” with “Sussex/Saunders Mixed-Use” throughout the text of the OCP and make corresponding amendments to Schedule B - Proposed Land Use Designation Map to reflect this change.

All these amendments are reflected in the version of Bylaw “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176” attached as Attachment 1 to staff memorandum DEV-25-059.  As per Council’s direction, staff consulted legal counsel regarding the wording of the amendments.  As a result, staff recommend that Council rescind second reading of Bylaw “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYALW, 2025, No. 3176” and amend Policy 4.7 to read as follows, before giving second reading anew to the bylaw:

 

“Policies identifying a certain number of storeys should be considered as guidelines and not regulations for height. Council may consider development proposals that exceed these guideline heights (without amendment of the OCP) where, in its judgment, the proposal advances other objectives and policies of this OCP, as reflected through a zoning amendment, and Council is satisfied that one or more opportunities for public engagement have been provided.”

 

4)                     Once all amendments are completed, Council is requested to give second reading as amended to OFFICIAL COMMUNITY PLAN BYLAW, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176.

 

Should Amendment Bylaw No. 3176 be re-read a second time as amended staff will prepare for the public hearing on December 1, 2025.

 

RECOMMENDATION:

 

Recommendation

That Council:

 

1.                     Rescind 2nd reading of the “Official Community Plan Bylaw, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176”;

 

2.                     Amend Section 4.7 by striking out the section in its entirety and replacing with the following:

 

“Policies identifying a certain number of storeys should be considered as guidelines and not regulations for height. Council may consider development proposals that exceed these guideline heights (without amendment of the OCP) where, in its judgment, the proposal advances other objectives and policies of this OCP, as reflected through a zoning amendment, and Council is satisfied that one or more opportunities for public engagement have been provided.”; and

 

3.                     Give second reading to OFFICIAL COMMUNITY PLAN BYLAW, 2018, No. 2922, AMENDMENT BYLAW, 2025, No. 3176, as amended.

Body

 

 

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.                     Joel Clary, Acting Chief Administrative Officer, Concurrence

 

LIST OF ATTACHMENTS: 

 

1.                     Attachment 1: Amendment Bylaw No. 3176 (Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3176, as amended at November 3, 2025, Council meeting).

2.                     Attachment 2: Bylaw No. 3157.