REQUEST FOR DECISION
DATE: September 5, 2017 Report No. DEV-17-055
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Proposed minor amendments to Phased Development Agreement between Aragon Esquimalt TC Properties Ltd. and the Corporation of the Township of Esquimalt
End
RECOMMENDATION:
Recommendation
That Council, by resolution, amend the Phased Development Agreement between Aragon Esquimalt TC Properties Ltd. and the Corporation of the Township of Esquimalt as indicated in Track Changes in the copy of the Agreement attached as Schedule “A” to Staff Report DEV-17-055.
Body
RELEVANT POLICY:
Official Community Plan Bylaw No. 2646
Zoning Bylaw, 1992, No. 2050
STRATEGIC RELEVANCE:
The proposed amendments to the Phased Development Agreement support Council’s strategic goal to “Encourage a resilient and diverse economic environment”.
BACKGROUND:
The Phased Development Agreement helps to secure the following provisions from the developer:
- The requirement to grant the Township a Statutory Right of Way Agreement over all Public Spaces;
- Take all reasonable measures to protect the health and integrity of the two oak trees until the Township issues an occupancy permit for every building permitted pursuant to the Zoning Bylaw;
- Construct buildings in accordance with the green building features described in the Agreement;
- Enter into and register a Housing Agreement for the rental housing prior to the issuance of an occupancy permit for every building permitted on the Lands pursuant to the Zoning Bylaw;
- Prior to the issuance of an occupancy permit for every building permitted on the lands pursuant to the Zoning Bylaw, provide public art satisfactory to the Township having a fair market value of $300,000.00;
- Twenty percent (20%) of the parking stalls shall be equipped with at least one 110 V plug and install conduit for a future 220 V upgrade; and
- In respect of the commercial customer parking stalls, two 220 V electric vehicle charging stations for a minimum of four vehicles, and a minimum of two of the applicable parking spaces shall be signed for electric vehicle parking only.
In exchange for the provisions listed above, the Township cannot amend Zoning for the subject parcel for a period of 10 years without the consent of the owner.
Since the bylaw was adopted by Council on July 11, 2016, several changes have occurred that require minor amendments to the Agreement. Section 13 (2) of the Agreement states that minor amendments can be made by Council resolution.
In summary the proposed minor amendments are as follows:
- Page numbers have been added to make the document more user friendly;
- Several spelling errors have been corrected;
- The date of the Agreement has been changed from 2016 to 2017;
- Clarification of the relationship between Aragon Esquimalt TC Properties Ltd. and Aragon Investments Limited has been added;
- References to Schedules have been corrected;
- The date by which the Library Construction Contract, Parking Agreement, Public Spaces Operating Agreement, and Library Acquisition Agreement have to be entered into by the Developer has been updated to September 29, 2017;
- References to the Justice Institute of BC have been removed;
- References to the HMCS Esquimalt Memorial, Sailor’s Walk, and the Totem Pole have been removed since these are no longer located on the property;
- Clarification that twenty percent (20%) of the parking stalls shall be equipped with conduit for a future 220 v upgrade; and
- Clarification that the electrical vehicle charging stations for commercial customer parking stalls can be located at grade.
The detailed amendments are shown in the “track changes” version of the document attached as Schedule “A”.
ISSUES:
1. Rationale for Selected Option
Due to a number of changes that have occurred since the Phased Development Agreement was adopted by Council on July 11, 2016, it is necessary to make a number of minor amendments in order to ensure that the Agreement accurately reflects the nature of the project at this time. In addition, some of the references to the Agreement’s schedules are being corrected and a provision outlining how Aragon Investment Ltd. will assign the Agreement to Aragon Esquimalt TC Properties Ltd. has been added.
2. Organizational Implications
There are no significant organizational implications as a result of the proposed minor amendments.
3. Financial Implications
There are no significant financial implications as a result of the proposed minor amendments.
4. Sustainability & Environmental Implications
There are no significant sustainability and environmental implications as a result of the proposed minor amendments.
5. Communication & Engagement
Because the amendments are minor in nature, no public communication or engagement is required.
ALTERNATIVES:
1. That Council, by resolution, amend the Phased Development Agreement between Aragon Esquimalt TC Properties Ltd. and the Corporation of the Township of Esquimalt as indicated in Track Changes in the copy of the Agreement attached as Schedule “A” to Staff Report DEV-17-055.
2. That Council not make the proposed amendments to the Agreement.