TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: December 15, 2025 Report No. DEV-25-044
TO: Council
FROM: Kirsten Dafoe, Planner II and Bill Brown, Director of Development Services
SUBJECT: Rezoning First, Second, Third Reading, and Adoption - 868 Old Esquimalt Road
RECOMMENDATION:
Recommendation
That Council give first, second, and third reading, and adopt Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3172.
Body
EXECUTIVE SUMMARY:
The applicant is requesting a change in zoning of the property located at 868 Old Esquimalt Road from RD-3 [Two Family/Single Family Residential] to a new Comprehensive Development zone [CD No. 171], with a bylaw cited as Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3172. This change is required to facilitate a proposed 6-unit townhouse development.
Evaluation of this application should focus on issues related to zoning such as the proposed height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, parking, land use, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
Staff is supportive of the application as the proposal is consistent with the use and density within the Townhouse Residential Proposed Land Use Designation.
Consideration of Bylaw No. 3172 is conditional on Council’s adoption of Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3176 on December 15, 2025. If the OCP amendment is not adopted by Council prior to consideration of the proposed rezoning, then Bylaw No. 3172 cannot proceed.
BACKGROUND:
Relevant Policy:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Parking Bylaw, 2025, No. 3089
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Green Building Checklist
Purpose of the Application:
The applicant is requesting to change the zoning of the property from Two Family/Single Family Residential [RD-3] to a new Comprehensive Development zone [CD No. 171] to accommodate the proposed 6-unit townhouse residential development. The proposed development is for 2 principal buildings with a maximum height of 11.0m (3 storeys), maximum lot coverage of 36%, and maximum FAR of 0.7.
If rezoning is approved, the form and character of the buildings, landscaping, and consistency with guidelines relating to natural environment protection, energy conservation, greenhouse gas reduction, and water conservation will be controlled by a development permit that would be subject to delegated approval at a future date.
Evaluation of this application should focus on issues related to zoning such as the proposed height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, parking, land use, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
Application Timeline:
April 7, 2025 - Application Submitted
July 9, 2025 - Design Review Committee
July 14, 2025 - Council meeting to authorize OCP consultation
August 19, 2025 - Advisory Planning Commission
November 21, 2025 - Revised proposal submitted
Context:
Applicant: 868 Old Esquimalt Development Corp.
Owner: 868 Old Esquimalt Development Corp. (BC1521737)
Total Property Size: 940.3 m2
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Townhouse Residential
Existing Land Use: Single-Family Residential
Proposed Land Use: Townhouse Residential
Surrounding Land Uses:
North: Single-Family Residential
South: Multiple-Family Residential, Sports Field (Brodeur Field)
East: Two-Family Residential
West: Single-Family Residential
Referral Comments:
The proposed rezoning and OCP amendment application was internally circulated to Building Inspection, Engineering Services, Fire, and Parks. No concerns were raised by Building Inspection, Engineering Services, or Fire.
Parks: The Parks arborist identified concerns regarding tree OS2, which is described as a large and valuable protected Garry Oak on the neighbour’s property. It is noted that construction tolerance of this tree is likely to be limited due to its current health and conditions. In particular, the Parks arborist was not comfortable with excavation proposed within the protected root zone (PRZ) of this tree to accommodate the proposed driveway grade and adjacent retaining wall. The use of permeable paving for portions of the proposed driveway located within the PRZ is also recommended.
Applicant’s Response
To address the excavation concern, the applicant has provided updated drawings showing the proposed buildings raised in relation to existing grade as well as a slightly increased driveway gradient. These revisions indicate the feasibility of limited excavation in the PRZ and the elimination of the retaining wall. Additionally, the applicant has provided supplemental arborist comments to confirm that the amended proposal shown in the updated drawings will not have any significant or meaningful impacts on the tree [Appendix H].
Advisory Body Recommendations:
Design Review Committee
The Design Review Committee considered the earlier 7-unit townhouse version of the proposal which included a sub-market unit as an amenity to support increased density (0.81 FAR). The Committee was generally supportive of the nature of the proposal but was concerned that the proposed density was too high and the massing too substantial. This also meant, subsequently, the usable open space was insufficient. They recommended to Council to approve a rezoning and OCP amendment, but with the condition that the density be reduced to 6 units and an FAR of 0.7. Comments included:
• This proposal could lead to the overall improvement of Old Esquimalt Road as a major corridor.
• The affordable unit may be considered a valuable amenity, but there are trade-offs.
• Design is appropriate but the proposal is too dense. Reducing the proposal to six units would be a better way to introduce density to the neighbourhood, which would improve access to air and increase common open space/green space.
• A larger front yard setback with more depth for green space would improve the pedestrian experience.
The Design Review Committee recommends to Council that the Official Community Plan amendment and rezoning application to authorize the proposed development of a 7-unit townhouse residential development, consistent with the architectural plan and landscape plan provided by Outline Home Design at 868 Old Esquimalt Road be approved with the condition: that the unit count be reduced from seven to six and the FAR be reduced from 0.81 to 0.7 to remain within the Official Community Plan standard as this will allow for more adequate communal space, greenspace, and an improved layout and design.
Advisory Planning Commission
The Advisory Planning Commission considered the earlier 7-unit townhouse version of the proposal which included a sub-market unit as an amenity to support increased density (0.81 FAR). The Commission was generally supportive of the townhouse development concept. Discussion topics surrounded balancing the trade-offs between density (with the inclusion of a sub-market unit) and open space, as well as between parking/visitor parking and open space. Members considered that while the density might be higher than appropriate, that Council is best suited to determine the discussed trade-offs. Comments included:
• The building is well designed and provides good housing options for the community, but the proposal may be too dense.
• The creation of good, livable units should be prioritized and the affordable housing amenity is valuable, density is needed and the character of Old Esquimalt Road is varied and will likely experience further changes, planning for the future is of importance and adding density to this neighbourhood is appropriate.
• Density should be introduced to the neighbourhood more gradually than presented by the proposal, as it would better align with existing character.
• Council is better suited to determine whether the affordable unit amenity justifies the proposed density, but the Commission questioned how much benefit would come from one sub-market unit.
• The amount of usable open space is small.
• Consider relocating the usable open space to the center or adding other access points to make it easier for all units to access and utilize.
• Is the inclusion of an extra visitor parking space worth the reduction in available usable open space?
• Usable open space can be increased and improved by reducing the unit density from 7 to 6 units.
• Nearby fields and other park amenities could help justify a smaller usable open space provision.
The Advisory Planning Commission recommends to Council to approve the Official Community Plan amendment and rezoning application to authorize the proposed development of a 7-unit townhouse residential development at 868 Old Esquimalt Road, because the proposal provides much needed densification of missing middle town homes, provides a below market residential space in perpetuity, and fits within the potential future character of Old Esquimalt Road.
Applicant’s Response
The applicant provided a revised proposal in response to comments received from the Design Review Committee and the Advisory Planning Commission. Revisions can be summarized as follows:
• Floor area ratio reduced from 0.81 to 0.7
• Number of units reduced from 7 to 6
• Elimination of the proposed sub-market unit
• Increased front yard setback
• Increased building separation between the proposed buildings
• Usable open space increased from 4.4% to 6.3% and relocated between the proposed buildings.
• Reduced rear yard setback
• Reduction to one visitor parking space (7 parking spaces total)
ANALYSIS:
OCP Analysis:
The proposed development is consistent with the Official Community Plan’s Proposed Land Use Designation of Townhouse Residential. The proposed development consists of 6 three-storey townhouse units and a floor area ratio of 0.7. The following analysis of OCP objectives, policies, and guidelines references amendments included within the Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3176.
OCP Section 5.1 states an objective to support expansion of housing types within Esquimalt while addressing concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character. It includes a policy to 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.
Section 5.2 Low Density Residential Redevelopment states an objective to strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole. Supporting policies in this section consistent with the proposed development include:
• Proposed redevelopment or infill within present low density and Small-Scale Multi-Unit residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
Section 5.3 Townhouse Residential Redevelopment states an objective to strive for the efficient development of townhouses that improves and enhances the livability of neighbourhoods and the community as a whole. Supporting policies in this section consistent with the proposed development include:
• Consider new townhouse residential proposals with a Floor Area Ratio of up to 0.70, and up to three storeys in height, in areas designated Townhouse Residential on the “Proposed Land Use Designation Map,” provided the design responds effectively to both its site and surrounding land uses.
• Support townhouse development that delivers transitional building massing and human-scale design.
• Townhouse development is encouraged in proposed land use designated areas that will reduce single occupancy vehicle use and support transit usage.
• Townhouse design should consider lot configuration, building scale, neighbourhood context, and protected tree preservation.
Section 5.5 Affordable Housing states an objective 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. Supporting policies in this section relevant to the proposed development include:
• Encourage the provision of a variety of housing types such as two-unit dwelling (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
Section 11.3.2 New Development states the following policies:
• Encourage bike lockers in multi-unit residential and commercial/commercial mixed-use developments.
Section 13.3.3 Building Energy Efficiency states the following policies:
• Adopt best practices based on evolving building technologies and materials.
• Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
Section 13.3.6 Passenger Vehicle Alternatives states the following policies:
• Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
• Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
Development Permit Areas
Though consideration of specific Development Permit Area guidelines will occur at the time of a future development permit application, it is noted that the applicable Development Permit Areas for the property and the proposal are:
• DPA No. 1 - Natural Environment
• DPA No. 6 - Multiple Family Residential
• DPA No. 7 - Energy Conservation & Greenhouse Gas Reduction
• DPA No. 8 - Water Conservation
Development Permit Area Guidelines for DPA Nos. 1, 6, 7, and 8 with relevance to this rezoning application include:
• The size and siting of buildings should reflect the size and scale of adjacent development and future 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.
• Provide usable private amenity open spaces that are adequately sized for the scale of the development. Locate them in highly visible areas, overlooked by housing units.
• Sufficient building separation should be provided between buildings to maximize daylight and minimize shadowing.
• Discourage galley-style developments where building complexes are sited perpendicular to streets and where residential unit entries are oriented internally to the driveway.
• Buildings should be sited and parking oriented to minimize the amount of the site dedicated to automobile circulation and parking including encouraging the use of shared driveways between adjacent parcels, to support on-site soft landscaping.
• Provide space for significant landscaping including varying heights of trees, shrubs, and ground covers.
• In residential neighbourhoods and along roadways, parking areas, and sidewalks, provide space for larger trees with a larger canopy cover as this will enhance the pedestrian experience.
Zoning Analysis:
Density, Lot Coverage, Height, and Setbacks: The following table lists the floor area ratio, lot coverage, setbacks, height, parking, usable open space of this proposal, and setbacks. Zoning Bylaw, 1992, No. 2050, does not currently contain a zone that can accommodate this proposed development. A new Comprehensive Development District Zone [CD No. 171] is proposed with the following provisions:
Residential Units: 6
Floor Area Ratio: 0.7
Lot Coverage: 36%
Building Height 11.0m (3 storeys)
Setbacks:
Front Setback: 4.0m
Western Interior Side Setback: 6.4m
Eastern Interior Side Setback: 3.4m
Rear Setback: 4.8m
Building Separation: 6.5m
Siting Exceptions (canopies, balconies)
Front: 3.1m
Western Interior Side Setback: 6.0m
Eastern Interior Side Setback: 2.6m
Usable Open Space: 6.3%
Usable Open Space
The purpose of usable open space is to provide a common outdoor area for use by all residents to enjoy greenery, recreational space, and leisure activities. The size, layout, and location of this space should be carefully considered to reasonably provide for these uses and users. The area can also contribute to a feeling of openness and access to air for a development.
The Zoning Bylaw stipulates that the area defined as Usable Open Space cannot have any dimension less than 6.0m. The smallest possible usable open space is 36 square meters (6.0m x 6.0m), though staff consider that a minimum of 7.5% of the lot area for rezoning to support townhouse developments is generally appropriate. The applicant proposes usable open space between the two proposed buildings that is 61.3 square meters (6.5m x 9.43m). This amounts to 6.3% of the lot area. In justification for this area being smaller than 7.5% of the lot area, the applicant notes that the property is located directly across Old Esquimalt Road from Brodeur Field, which could be used by residents for recreation activities. Staff note also the usable open space revisions made by the applicant in response to committee and staff comments, including an increase in area from 4.4% to 6.3% of the lot area, and relocation to between the building for improved accessibility and usability by residents.
Small-Scale Multi-Family Development (SSMFH)
Section 30.10 of Zoning Bylaw, 1992, No. 2050 states that “Lots shown as ‘SSMFH Lots’ on Schedule A.2 Small-Scale Multi-Family Housing (SSMFH) Zoning Overlay Map” that are “between 280 square metres and 4,050 square metres used or intended to be used as SSMFH Dwellings are subject to the [RSM-2] regulations.” The RSM-2 zone allows up to four (4) SSMFH Dwellings per parcel.
Without requiring any rezoning, the applicant could apply for a development permit to develop the lot with up to 4 units in one or two buildings per the provisions of the RSM-2 zone. This zone does not set out a maximum FAR or a minimum amount of usable open space.
Parking Analysis:
The proposal incorporates 7 parking spaces to serve 6 townhouse dwelling units, which satisfies the requirement for 4 spaces identified in Parking Bylaw, 2025, No. 3089. One visitor parking space is proposed in addition to one parking space per unit. Parking areas are required to be constructed to meet the standards for maneuvering aisle dimensions and associated stall dimensions detailed in Section 11 of the Bylaw.
6 Townhouse Dwelling Units x 0.5 = 3.0
6 Townhouse Dwelling Units x 0.1 (visitor) = 0.7 (rounded up to 1.0)
Total = 4
OPTIONS:
1. Motion:
That Council give first, second, and third reading, and adopt Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3172.
2. Alternate Motion
That Council give first, second, and third reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3172.
3. Alternate Motion:
That Council directs staff to provide additional information about the proposed zoning amendment at a future Council meeting.
4. Alternate Motion:
That Council defeats Amendment Bylaw No. 3172.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications associated with the proposal.
COMMUNICATIONS/ENGAGEMENT:
One sign indicating that the property is under consideration for a change in zoning has been installed on the Old Esquimalt Road frontage. This sign has been updated to display the date of consideration of First Reading.
The applicant held a public information session on June 2, 2025 to present the earlier 7-unit townhouse version of the proposal which included a sub-market unit as an amenity to support increased density; the notice for which was mailed to owners and occupants of properties within 100m of the property. Staff confirm that the applicant has provided the required submissions [Appendix I].
Official Community Plan consultation circulation was sent on July 15, 2025. At the time of writing, no responses have been received from the external agencies on the circulation list. However, if Council adopts the Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3176 on December 15, 2025, an OCP amendment will not be required for the proposed rezoning. If the OCP amendment is not adopted by Council prior to consideration of the proposed rezoning, then Bylaw No. 3172 cannot proceed.
Notice for first reading was sent to all property owners and occupiers within 100m of the subject property on December 3, 2025.
TIMELINES & NEXT STEPS:
• If Council adopts Amendment Bylaw No. 3172, the applicant could apply for a Development Permit for a 6-unit townhouse development. The development permit application would be subject to delegated approval.
• If Council gives first, second, and third reading to Amendment Bylaw No. 3172, the amendment would be brought forward for Council’s consideration for adoption at a future Council meeting.
• If Council has not adopted Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3176 prior to the consideration of first reading of Amendment Bylaw No. 3172, then Bylaw No. 3172 cannot proceed.
• If Council defeats Amendment Bylaw No. 3172, the rezoning application RZ000129 would be closed. The applicant would need to present a new proposal in a new rezoning application before a new Amending Bylaw could be brought forward for Council’s consideration.
REPORT 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. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3172
Appendix B: Aerial Map
Appendix C: Applicant’s Rezoning Rationale Letter
Appendix D: Architectural Drawings
Appendix E: Green Building Letter and Checklist
Appendix F: Survey
Appendix G: Arborist Report
Appendix H: Supplemental Arborist Comments
Appendix I: Applicant’s Public Meeting Summary
Appendix J: Staff Presentation
Appendix K: Applicant’s Presentation