TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 21, 2025 Report No. DEV-25-036
TO: Councill
FROM: James Davison, Manager of Development Services
SUBJECT: OCP Amendment and Rezoning Application Public Hearing and Third Reading - 1005 Tillicum Rd - Staff Report No. DEV-25-036
RECOMMENDATION:
Recommendation
That Council:
1. Give third reading to Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3162;
2. Give third reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3163; and
3. Direct staff to register on title a S.219 Covenant and S.218 Statutory Right-of-Way agreement prior to adoption of Amendment Bylaws 3162 and 3163.
Body
EXECUTIVE SUMMARY:
The purpose of the application is to amend the Zoning Bylaw and the Official Community Plan to permit a mixed-use development consisting of 32 residential units and one commercial unit at a combined density of 1.3 FAR. The current and proposed OCP Land Use Designations are Low Density Residential and Townhouse Residential. The applicant is proposing a Land Use Designation of Neighbourhood Commercial Mixed-Use and a new CD Zone (CD No. 168). As per Council direction the Zoning Amendment Bylaw is drafted such that the proposed residential vehicle parking ratio is based off the new Parking Bylaw rental requirements but will be applied to either rental or strata tenure. The Zoning Amendment Bylaw is also drafted to ensure that any of the permitted commercial uses on the property will only require one space per 45m2 of commercial floor space. A Section 219 Covenant is required to ensure that the southern pathway improvements both off-site and on-site are constructed as illustrated in the attached Landscape Plan, and that no additional parking spaces are constructed in the open space in the rear yard. A statutory right-of-way will also be required over the portion of the pathway on the subject property.
BACKGROUND:
Chronology:
• Community Open House Meeting held January 13, 2024
• Official Community Plan consultation circulation was sent April 2, 2025
• First and Second Reading of amendment bylaws on June 9, 2025
Advisory Body Recommendations:
Advisory Planning Commission - March 18, 2025
That the Esquimalt Advisory Planning Commission recommends to Council that the Official Community Plan amendment and rezoning application to authorize the proposed development of a four-storey mixed-use development, with 32 residential and one commercial unit, consistent with the architectural plans provided by XV Architecture and the landscape plan provided by 4SITE Landscape Architecture and Site Planning, to be located at 1005 Tillicum Rd [LOT 1, SECTION 10, ESQUIMALT DISTRICT, PLAN 27609], be approved as it fits the needs of the community for housing density. Carried Unanimously.
APC Design Review Committee - March 12, 2025
That the Esquimalt Design Review Committee recommends to Council that the Official Community Plan amendment and rezoning application to authorize the proposed development of a four-storey mixed-use development, with 32 residential and one commercial unit, consistent with the architectural plans provided by XV Architecture and the landscape plan provided by 4SITE Landscape Architecture and Site Planning, to be located at 1005 Tillicum Rd be approved for the following reasons:
• it is an appropriate animation of this space with additional density;
• it offers revitalization of a transfer trail;
• it is a compelling addition of green space at the rear of the property;
• the addition of commercial space is a positive and sets a good precedence for future developments in this corridor. Carried Unanimously.
Referral Comments:
Official Community Plan Consultation
No comments were received back from the OCP consultation circulation to relevant agencies for comments.
Engineering
• Sewer capacity study required (provided - Appendix J)
• Traffic impact assessment required (provided - Appendix L)
Parks
• No concerns of note.
Fire
• No comments.
ANALYSIS:
The purpose of the application is to amend the Zoning Bylaw and the Official Community Plan to permit a four-storey mixed-use development at an FAR of 1.3, consisting of 32 residential units and one commercial unit. The current and proposed OCP Land Use Designations are Low Density Residential and Townhouse Residential. The applicant is proposing a new Land Use Designation of Neighbourhood Commercial Mixed-Use and a new CD Zone.
CONTEXT:
Applicant: Xeniya Vins
Owner: 1414757 B.C. LTD., INC. NO. 1416757
Designer: XV Architecture
Property Size: 1,384.6m2 (14,904 sq. ft)
OCP Land Use Designation:
Current: Low Density Residential
Proposed: Neighbourhood Commercial Mixed-Use
Zone: RD-3 Two Family/Single Family Residential
Existing Land Use: Single Family Residential
Proposed Land Use: Residential-Commercial Mixed-Use
Surrounding Land Uses:
North: Low density residential
South: Service station
East: Low density residential
West: Low density residential, multifamily residential and commercial property with recently rezoned mixed-use commercial and multifamily residential.
OCP ANALYSIS:
This site is designated Townhouse Residential as illustrated on the “Proposed Land Use Designation” map (Official Community Plan Bylaw, 2018, No. 2922 - Schedule B). The applicant is proposing a Neighbourhood Commercial Mixed-Use designation.
The Official Community Plan supports the expansion of housing types in residential areas.
The immediate neighbourhood contains a mix of single family, two family, and multiple family housing types. The following policies would be considered in the evaluation of this proposal.
Section 5 Housing & Residential Land Use contains policies that are intended to ensure that concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character are addressed.
• Support the development of a variety of housing types and designs to meet the anticipated housing needs of residents. This may include non-market and market housing options that are designed to accommodate young and multi-generational families, the local workforce, as well as middle- and high-income households.
5.4 Affordable Housing contains policies to encourage a range of housing by type, tenure, and price so that people of all ages, household types, abilities and incomes have a diversity of housing choice in Esquimalt.
• Encourage the placement of new rental, affordable, special needs, and seniors housing in accordance with designated residential land use areas as they are integral components of inclusive neighbourhoods.
• Promote housing agreements to ensure that all strata units have the opportunity to be used as long-term residential rentals within strata buildings.
5.5 Age-friendly Housing contains policies to expand and protect seniors housing in Esquimalt to enable citizens to “age in place.”
• Support and facilitate development of multi-generational housing, including in medium and high-density residential developments.
• Encourage child friendly developments that provide appropriate amenities such as outdoor play areas for young children that are well-separated from traffic circulation and parking areas.
• Encourage adaptable design for all dwellings created through rezoning.
• Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high-density residential buildings.
• Encourage the development of seniors housing that is within close proximity and accessible to services and amenities.
6.4 Neighbourhood Commercial Mixed-Use contains policies related to height and density.
• In areas designated as Neighbourhood Commercial Mixed-Use on the “Present and Proposed Land Use Designation Maps” consider proposals with a height up to six storeys and a Floor Area Ratio of up to 1.5 for the residential portion.
11.3 Cycling - 11.3.2 New Development contains policies to encourage the inclusion of bicycle facilities in new developments.
• Encourage developers to provide a variety of end of trip facilities for active transportation.
• Encourage bike lockers in multi-unit residential and commercial/ commercial mixed-use developments.
A Development Permit would be required prior to a building permit being issued. Therefore, applicants are urged to consider the OCP DPA guidelines early in the process. Many DPA guidelines require that the zoning issues (useable open space, lot coverage, height, density, massing, siting, setbacks, parking, how the building relates to adjacent homes) be addressed to be able to fulfill the guidelines.
Relevant Development Permit Area Guidelines to consider as they relate to the rezoning application include:
OCP Section 18 - Development Permit Area No. 1 - Natural Environment
18.5.2 Natural Features - Natural features and areas to be preserved, protected, restored, and enhanced where feasible:
• Retain existing healthy native trees, vegetation, rock outcrops, and soil wherever possible.
• Narrower manoeuvering aisles, fewer and smaller parking spaces can be considered where natural areas are being conserved.
18.5.5 Drainage and Erosion - Measures to control drainage and shoreline erosion.
• Preserve, restore, and enhance treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles, and branches. Consider that native conifers are well adapted to local wet winters.
• Maximize the ratio of planted and pervious surfaces to unplanted surfaces, and design paved areas to direct water towards vegetated areas, to help reduce surface run off. Where paved surfaces are needed, intersperse with drought resistant vegetation and trees, to help absorb stormwater, provide shade, and reduce the local heat island effect.
OCP Section 23 - Development Permit Area No. 6 - Multi-Family Residential
To ensure that the development of multi-unit residential sites is compatible with surrounding uses.
• The size and siting of buildings that abut existing single- and two-unit and townhouse dwellings should reflect the size and scale of adjacent development and complement the surrounding uses. To achieve this, height and setback restrictions may be imposed as a condition of the development permit.
• New buildings should be designed and sited to minimize visual intrusion on to the privacy of surrounding homes and minimize the casting of shadows on to the private outdoor space of adjacent residential units.
• To preserve view corridors and complement natural topography, stepped-down building designs are encouraged for sloping sites.
• Retention and protection of trees and the natural habitat is encouraged wherever possible.
• Provide for building occupants to overlook public streets, parks, walkways, and spaces, considering security and privacy of residents.
• Provide for slightly raised entrances to ground floor residences along with private yards that are accessible from the fronting street or lane to encourage community interaction.
• Wherever possible, outdoor storage and parking areas should be screened from view.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures.
• Orient buildings to take advantage of site-specific climate conditions, in terms of solar access and wind flow, design massing and solar orientation for optimum passive performance.
• Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent to usable outdoor open spaces.
• Strategically site buildings to sustain and increase the community’s urban forest tree canopy cover.
• Provide space for significant landscaping including varying heights of trees, shrubs, and ground covers.
24.5.2 Form and exterior design of buildings and structures.
• Orient larger roof surfaces to the south for potential use of solar panels or photo-voltaic roofing.
• Use roof designs that reduce heat transfer into neighbouring buildings, helping reduce the local heat island effect and the need for cooling of buildings in warmer months.
• Add rooftop patios and gardens, particularly food producing gardens, as they can contribute to local resilience, livability, and reduction in greenhouse gas production by reducing food transportation costs.
24.5.3 Landscaping
• Choose open space and landscaping over dedicating space to the parking and manoeuvering of private motor vehicles.
• Conserve native trees, shrubs, and soils, thereby saving the cost of importing materials and preserving already sequestered carbon dioxide.
24.5.5 Special Features
• Reuse of existing buildings and building materials is encouraged.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
• Preserve and restore treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles, and branches. Consider that native conifers are well adapted to local wet winters.
ZONING ANALYSIS:
Staff is supportive of the application. The application provides 32 units of rental housing in a central location close to several community services and amenities, and one commercial unit permitting either a restaurant use, business or professional office, or retail store.
The site supporting the use and density is reliant on a much-reduced parking requirement and direction represented in the draft Parking Bylaw. Staff has written the residential parking portion into the CD zone directly, but the commercial unit is still reliant on the proposed draft parking Bylaw only requiring one parking space for a business and professional office use in that unit. The at-grade parking proposal significantly increases the affordability of the construction.
The height of the proposal is 3.13 metres above what a Small-Scale Multi-Family Housing project would be permitted in the same location. The impact of this extra height on the surrounding properties is something for Council to consider, but staff feels that it is a good location for additional density at such a modest height, and the height is a reasonable trade-off. A three-storey proposal is unlikely to be financially palatable in such a location.
|
|
Proposed |
CD No. 168 |
|
Site Area |
1,384.6m2 |
1,380m2 minimum |
|
Height of Building |
14.13m |
14.20m maximum |
|
Front Setback (W) |
3m (1.3m to canopy) |
2.9m (plus 1.7m siting exception) |
|
Interior Setback (N) |
3.39m (2.75m to balcony) |
3.3m (plus 0.7m siting exception) |
|
Setback (S) |
1.9m (1.26m to balcony) |
1.8m (plus 0.7m siting exception) |
|
Rear Setback (E) |
17.02 (16.39m to balcony) |
16.9m (plus 0.7m siting exception) |
|
Site Coverage |
53.2% |
54% |
|
Floor Space Ratio |
1.3 |
1.3 |
|
Dwelling Units |
32 |
32 |
|
Commercial Units |
1 (44 m2) |
No maximum |
The setbacks are such that the building’s mass will be located close to Tillicum Rd and both side yards but will offer a generous open space to the rear.
Open Space and Connection
The application proposes a significant amount of useable open space at the rear (east end) of the property. Detailed design of the space would be explored at time of Development Permit. Staff and the applicant have agreed to include the provision in the S.219 Covenant that no additional parking beyond what is shown in the provided landscape drawing (Appendix F) shall be provided in the rear yard.
The application presents the opportunity to interface with the existing public walkway to the immediate south of the property. Detailed on-site design would be explored at time of Development Permit. Note that the applicant has indicated their commitment to enter into an agreement with the Township for pathway improvements (the pathway being owned by the Township). Staff is supportive of the concept. The potential integration of the walkway connecting Inskip Street with Tillicum Road with the site is an attractive possibility for increased safety of the walkway, and neighbourhood permeability. Future development of the gas station site to the south would benefit from this interface.
Required Section 219 Covenant
A Section 219 Covenant will be drafted pending third reading addressing the pathway and rear open space. It will contain the following:
1. The pathway improvement commitments from the applicant be solidified as per plans in Appendix F and through a cash deposit based on the construction estimate.
2. Prevention of additional parking spaces within the rear yard open space area.
Required Statutory Right-of-Way
A statutory right-of-way will be required over the portion of the walkway on the subject property. This will be finalized in advance of the adoption of the zoning amendment bylaw.
PARKING ANALYSIS:
Update From First and Second Reading
As per Council resolution staff has updated Zoning Amendment Bylaw No. 3163 to ensure the following:
• The proposed parking supplied on site will be applicable to units regardless of condominium or apartment tenure, stating that the parking ratio applies to all multifamily residential.
• Any permitted commercial use proposed on the site will only require one parking space, provided that the commercial use on the property does not exceed the proposed 45m2.
• The amendment bylaw has been drafted with the assumption that the new Parking Bylaw, 2025, No. 3089 will have been adopted. If this is not the case, the bylaws will require amending at third reading. Staff will provide the wording for that resolution should that be the case.
Parking Table
|
|
Parking Bylaw # 3089 |
Proposed Parking |
|
Residential Rental Spaces |
19 |
19 |
|
Residential Strata Spaces |
23* |
19* |
|
Commercial Vehicle Parking |
1-2 (use-dependent) |
1 |
|
Short Term Bicycle Parking |
6 |
12 |
|
Long Term Bicycle Parking |
38 |
50 |
|
Bicycle Parking - Oversized |
10% of parking |
10 (16.1%) |
*Vehicle Parking Reductions (Traffic Demand Management)
Note the following reductions in required vehicle spaces for providing:
1. a carshare vehicle (1.25),
2. carshare memberships (2.50),
3. 20% more long term bicycle parking than is required (1.25); and
4. 20% more oversized long term bicycle parking (1.25).
ARBORISTS’ REPORT:
The arborists’ report indicates that generally most of the trees on the site will have to be removed. The trees on-site are “…decedent and not in good health. With appropriate protective measures, the remainder of the trees should not be negatively affected long-term. To ensure this, arborist direction is required for parking lot installation in protected root zones”.
SOIL, SOIL VAPOUR AND GROUNDWATER TESTING:
Given the proximity to the service station uphill from the site, a Stage 1 and Stage 2 Preliminary Site Investigation (Appendices J and K, respectively) was conducted by Active Earth Engineering Ltd. in March and April 2023, respectively. The investigations found that the site contamination was within the applicable standards for residential development.
SEWER CAPACITY STUDY:
A sewer capacity study has been included at the request of Engineering and attached as Appendix J. The study indicates that the proposed development will constitute 3% of the capacity of the existing infrastructure and that capacity is not a concern.
OPTIONS:
1. That Council :
a) Give third reading to Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3162;
b) Give third reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3163; and
c) Direct staff to register on title a S.219 Covenant and S.218 Statutory Right-of-Way agreement prior to adoption of Amendment Bylaws 3162 and 3163.
2. That Council takes no action and requests that staff provide additional information about proposed amendments at a future Council meeting.
3. That Council defeat Amendment Bylaws No. 3162 and No. 3163.
COUNCIL PRIORITY:
Housing
Diversified and Thriving Economy
FINANCIAL IMPACT:
No impacts to the Financial Plan are expected related to this proposal.
COMMUNICATIONS/ENGAGEMENT:
• The applicant held a required Community Open House on January 13, 2024.
• The Official Community Plan consultation circulation was sent April 2, 2025.
• The amendment bylaws require a Public Hearing.
TIMELINES & NEXT STEPS:
If third reading is granted, the registration of the S.219 Covenant and S.218 Statutory Right-of-Way must be completed before the amendment bylaws can be adopted.
REPORT REVIEWED BY:
1. Deb Hopkins, Director of Corporate Services, Reviewed
2. Kristi Bilodeau, Manager of Finance, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Appendix A OCP Amendment Bylaw No. 3162
Appendix B Zoning Amendment Bylaw No. 3163
Appendix C Aerial Map
Appendix D Applicant Rationale Letter
Appendix E Architectural Plans
Appendix F Landscape Plan
Appendix G Green Building Checklist
Appendix H Arborist Report
Appendix I Servicing Plan
Appendix J Sewer Capacity Study
Appendix K Stage 1 Preliminary Site Assessment (no appendices)
Appendix L Stage 2 Preliminary Site Assessment (no appendices)
Appendix M Transportation Review and Parking Analysis
Appendix N Public Correspondence
Appendix O Staff Presentation
Appendix P Applicant Presentation