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File #: 25-153    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 5/1/2025 In control: Council
On agenda: 6/9/2025 Final action: 6/9/2025
Title: Development Permit Application – 602, 608, 612 & 618 Nelson Street and 1319, 1331 & 1347 Sussex Street, Staff Report No. DEV-25-017
Attachments: 1. Appendix A: DP000244, 2. Appendix B: Aerial Map and CD No. 164 Zone, 3. Appendix C: Architectural Drawings and Landscape Plan, 4. Appendix D: Green Building Checklist, 5. Appendix E: Applicant’s Comments for Development Permit Area Guidelines, 6. Appendix F: Applicant’s Comments Addressing Amendments Made in Response to the Design Review Committee’s Comments, 7. Appendix G: Stormwater Management Report, 8. Appendix H: Staff’s Presentation, 9. Appendix I: Applicant’s Presentation

TOWNSHIP OF ESQUIMALT STAFF REPORT

MEETING DATE:  June 9, 2025                     Report No. DEV-25-017

 

TO:                                            Council                                          

FROM:                                           Alex Tang, Planner and Bill Brown, Director of Development Services

SUBJECT:                      Development Permit Application - 602, 608, 612 & 618 Nelson Street and 1319, 1331 & 1347 Sussex Street

 

RECOMMENDATION:

 

Recommendation

That Council approve Development Permit No. DP000244, and direct staff to issue the permit and register the notice on the title of the property upon receipt of the landscape deposit.

Body

 

EXECUTIVE SUMMARY:

 

The applicant is proposing to build a 6-storey, 235-unit multiple-family residential building.  Comprehensive Development District No. 164 of Esquimalt Zoning Bylaw 1992, No. 2050 [Appendix B] has been written to regulate this development.

 

This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 5 - Commercial, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation.  A development permit is required to ensure that the application is generally consistent with the development permit area guidelines contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922.  A development permit is required prior to a building permit being issued for construction.

 

Evaluation of this application should focus on issues regarding the form and character of the development, including landscaping, exterior design, and finish of the building in relation to the relevant development permit area guidelines. In addition, evaluation should focus on natural environment protection, energy conservation, greenhouse gas reduction, and water conservation in relation to the relevant development permit area guidelines.

 

 

BACKGROUND:

 

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: CD-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]

 

Chronology:

                     January 7, 2025 - Application received

                     March 12, 2025 - Design Review Committee

 

Design Review Committee Recommendations:

This application was considered at the regular meeting of the Design Review Committee held on March 12, 2025.  Members had concerns with the livability of some of the units.  In addition, members desired a landscape plan for the rooftop amenity space.  Members also had concerns with the selection of the species of the plantings on the landscape plan.  Furthermore, members did not like the exterior treatment as it lacked articulation.

 

The Design Review Committee resolved that the application be forwarded to Council with a recommendation of denial for the following reasons:

                     There is insufficient landscape design information provided, especially for the rooftop garden and soil depth for trees, that the diversity of plant selection is not varied or appropriate for a residential area and lacks habitat for native insects and birds; and

                     The massing feels imposing and would benefit from changes to the entryway design and materials to break up the uniformity of the exterior of the building as per the multiple family residential design guidelines.

 

The applicant amended the drawings in response to the committee’s comments:

                     The number of residential units has been reduced from 245 to 235 to allow for more livable units;

                     Units have been reconfigured for added width to allow for additional windows in living spaces;

                     The rooftop amenity area has been designed with plantings, a pergola, a barrel sauna, an outdoor grill and seating;

                     The landscape plan has been updated with climate-appropriate and pollinator-supportive species such as Crimson King maple, English lavender, and Galaxy magnolia;

                     Soil depth information has been provided;

                     The building facades have been broken up with additional articulation and material changes; and

                     Incorporation of low-slope, barrier-free accessibility ramps.

 

ANALYSIS:

 

OCP ANALYSIS:

This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 - Commercial, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation.  The guidelines of these Development Permit Areas are contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922.

 

As Council is required to consider all the Official Community Plan guidelines from these Development Permit Areas in evaluating this application, the applicant has submitted a document addressing these guidelines [Appendix E].

 

Development Permit Area No. 1 is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.

 

OCP Section 18.5.2 Natural Features

The soil will be removed and disturbed for the construction of the underground parkade.  The existing oak tree on the south will be preserved while the rest of the trees will be replaced.

 

OCP Section 18.5.3 Biodiversity

The applicant has included landscaping consistent with these guidelines, noting that the plant species chosen include native species, drought-tolerant species, and non-invasive species that offer songbird and pollinator habitat.

 

OCP Section 18.5.4 Natural Environment

The applicant has proposed six maple trees along the southwestern corner and a mix of magnolia and beech trees along the western interior lot line.

 

OCP Section 18.5.5 Drainage and Erosion

The applicant is proposing native conifers in addition to the retention of the existing Garry oak that will aid in the absorption of water.

 

OCP Section 18.5.7 Native Bird Biodiversity

Habitat features such as trees and shrubs will be included to protect and enhance native bird biodiversity.

 

Development Permit Area No. 4 is designated for the purpose of establishing objectives for the form and character of commercial developments.

 

OCP Section 21.5 Commercial Guidelines

The applicant has included a street-level commercial unit with a glass façade.

 

Development Permit Area No. 6 is designated for the purpose of establishing objectives for the form and character of multi-family residential development.

 

OCP Section 23.5 Multi-Family Residential Guidelines

The applicant has taken measures to provide adequate setback and landscaping.  The applicant has provided a public realm in the southeastern area.  Exposed walls have been cladded and screened with evergreen landscaping.  Commercial space and private patios are provided to frame the eastern street corners.

 

Development Permit Area No. 7 is designated for the purposes of energy conservation and greenhouse gas reduction.

 

OCP Section 24.5.1 Siting of buildings and structures

The commercial unit is located at grade along Esquimalt Road with the residential units above.  The proposed landscape plan includes plants with varying heights and foliage densities.  Usable outdoor amenity space is provided in the form of a park dedication in the southern area.

 

OCP Section 24.5.2 Form and exterior design of buildings and structures

The applicant states that they have designed and placed the roof, overhangs, and windows appropriately and consistent to the guidelines where applicable.  The applicant is proposing a rooftop amenity area and private balconies.

 

OCP Section 24.5.3 Landscaping

The landscape plan consists of preserving the existing Garry oak tree while planting a mix of maple, magnolia, and beech trees.  Other multi-stemmed plants and shrubs are planted throughout.

 

OCP Section 24.5.4 Machinery, equipment and systems external to buildings and other structures

The applicant is proposing a building that will be constructed to Step 3 of the BC Energy Step Code.

 

OCP Section 24.5.5 Special Features

 The applicant will select durable local building products where possible.

 

Development Permit Area No. 8 is designated for the purpose of water conservation.

 

OCP Section 25.5.1 Building and Landscape Design

The civil engineering design will include a retention tank below grade to aid in retaining the first 3 centimetres of stormwater.

 

OCP Section 25.5.2 Landscaping - Select Plantings for Site and Local Conditions

The applicant states that the proposed development has given consideration into the selection and placement of plant species consistent with these guidelines, including the planting of native species.

 

OCP Section 25.5.3 Landscaping - Retaining Stormwater on Site

The applicant states that they are generally consistent with these guidelines.  The retention of the Garry oak with proposed native conifers will assist in creating an absorbent landscape.

 

OCP Section 25.5.4 Landscaping - Water Features and Irrigation Systems

The applicant states that the proposed development will install plantings and irrigation to Canadian Landscape Standard.

 

ZONING ANALYSIS:

The following is a comparison of the proposed development and some of the requirements of Comprehensive Development District No. 164.

 

Residential Units

                     Proposed: 235                     Allowed: 314

 

Floor Area Ratio

                     Proposed: 3.80                     Allowed: 4.78

 

Commercial Area

                     Proposed: 354 m2                     Required: 350 m2

 

Height

                     Proposed: 22 m                     Allowed: 45 m

 

Off-Street Parking Spaces

                     Proposed: 215                     Required: 202

 

 

OPTIONS:

 

1. That Council approve Development Permit No. DP000244, and direct staff to issue the permit and register the notice on the title of the property upon receipt of the landscape deposit.

 

2. That Council deny Development Permit No. DP000244 with reasons.

 

COUNCIL PRIORITY:

 

Housing

 

FINANCIAL IMPACT: 

 

The request for a decision has no significant financial implications.

 

COMMUNICATIONS/ENGAGEMENT: 

 

As this is a Development Permit application requiring no variances, the Local Government Act does not require that notification be provided.

 

TIMELINES & NEXT STEPS:

 

                     This decision will complete the Development Permit process.

 

REPORT REVIEWED BY:

 

1.                     Bill Brown, Director of Development Services

2.                     Deb Hopkins, Director of Corporate Services, Reviewed

3.                     Dan Horan, Chief Administrative Officer, Concurrence

 

LIST OF ATTACHMENTS: 

 

1.                     Appendix A: DP000244

2.                     Appendix B: Aerial Map and CD No. 164 Zone

3.                     Appendix C: Architectural Drawings and Landscape Plan

4.                     Appendix D: Green Building Checklist

5.                     Appendix E: Applicant’s Comments for Development Permit Area Guidelines

6.                     Appendix F: Applicant’s Comments Addressing Amendments Made in Response to the Design Review Committee’s Comments

7.                     Appendix G: Stormwater Management Report

8.                     Appendix H: Staff’s Presentation

9.                     Appendix I: Applicant’s Presentation