REQUEST FOR DECISION
DATE: September 7, 2022 Report No. DEV-22-072
TO: Laurie Hurst, Chief Administrative Officer
FROM: James Davison, Manager of Development Services
SUBJECT:
Title
Development Permit Application for Detached Accessory Dwelling Unit - Housing Agreement Bylaw and Section 219 Covenant - 1221 Rockcrest Place
End
RECOMMENDATION:
Recommendation
1. That Council give Housing Agreement Bylaw, 2022, No. 3087 first, second and third reading.
2. That Council direct that a Section 219 Covenant be registered on title to secure the items outlined in Staff Report No. DEV-22-072 prior to bringing Housing Agreement Bylaw, 2022, No. 3087 back to Council for adoption.
3. That Council direct that Development Permit DP000173 not be issued until Housing Agreement Bylaw, 2022, No. 3087 has been adopted.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Green Building Checklist
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan.
BACKGROUND:
APPENDIX A: Draft Housing Agreement Bylaw, 2022, No. 3087
APPENDIX B: Development Permit DP000173
APPENDIX C: Staff Presentation
CHRONOLOGY:
• Application submitted February 24, 2022
• Advisory Planning Commission March 22, 2022
• Council Development Permit Approval July 4, 2022
• Council Development Variance Permit Approval July 4, 2022
PURPOSE OF APPLICATION:
The Zoning Bylaw requires a Housing Agreement and Section 219 Covenant be in place for all Detached Accessory Dwelling Unit’s (DADU).
The terms within the Section 219 Covenant are proposed as follows:
• The property must not be subdivided into separate parcels or separate strata titles.
• The property must not support a secondary suite.
• There must be a maximum of one principle single family residential dwelling unit on the property.
• There must be a maximum of one DADU on the property.
• The DADU must be used as a secondary use within the singular control of the owner the principal dwelling on the property.
The terms within the Housing Agreement Bylaw are proposed as follows:
• The DADU and the principal dwelling must only be used and occupied for residential purposes in accordance with the Township’s Zoning Bylaw.
• The DADU must not be restricted in its availability for use as affordable rental accommodation.
• The registered owner of the property must occupy either the principal dwelling or the DADU as the owner’s permanent residence.
• The property must not be subdivided into separate parcels or separate strata titles (duplicated in the S. 219 Covenant).
• Either the DADU or the principal dwelling (whichever is not occupied by the registered owner) must not be restricted as to its availability for rent by non-owners.
CONTEXT:
Applicant: Vijay Bhangu
Owner: Vijay Kumar Bhangu and Neelam Bhangu, and Taran Kamal Bhangu
Designer: Adapt Design
Property Size: Metric: 1023m2 Imperial: 11,011 ft2
OCP Land Use Designation:
Current: Low Density Residential
Proposed: Low Density Residential
Zone: Single Family DADU Residential [RS-6]
Existing Land Use: Single Family Residential
Proposed Land Use: Single Family Residential and a Detached Accessory Dwelling Unit
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
East: Single Family Residential
West: Single Family Residential
ISSUES:
1. Rationale for Selected Option
Regarding the Development Permit for the DADU, the additional residential suites increase the supply of rental housing in Esquimalt. Council has already approved the Development Permit; these agreements will secure that direction.
2. Organizational Implications
This request for decision has no organizational implications.
3. Financial Implications
This request for decision has no financial implications.
4. Sustainability & Environmental Implications
This request for decision has little sustainability and environmental implications.
ALTERNATIVES:
1. That Council give Housing Agreement Bylaw, 2022, No. 3087 first, second and third readings.
2. That Council direct that a Section 219 Covenant be registered on title to secure the items outlined in Staff Report No. DEV-22-072 prior to bringing Housing Agreement Bylaw, 2022, No. 3087 back to Council for adoption.
3. That Council direct that Development Permit DP000173 not be issued until Housing Agreement Bylaw, 2022, No. 3087 has been adopted.