REQUEST FOR DECISION
DATE: June 17, 2020 Report No. DEV-20-033
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Housing Agreement Bylaw - 616 & 620 Constance Avenue, 619 & 623 Nelson Street and 1326 Miles Street.
End
RECOMMENDATION:
Recommendation
That Council resolves to rescind third reading, amend, and read anew a third time Housing Agreement Bylaw, 2019, No. 2981, attached as Appendix A of Staff Report DEV-20-033, for 616 & 620 Constance Avenue, 619 & 623 Nelson Street and 1326 Miles Street.
Body
RELEVANT POLICY:
Zoning Bylaw, 1992, No. 2050
Local Government Act
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective: Healthy, Livable and Diverse Community - Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Housing Agreement Bylaw, 2019, No. 2981
Purpose of the Application
The applicant is requesting a change in zoning from the current RM-1 [Multiple Family Residential] zone to Comprehensive Development District No.121. This change is required to accommodate the proposed 12-storey, commercial residential mixed-use, building including 129 residential units and a 126 space parking garage.
The property owner and the Township wish to enter into a Housing Agreement that would include the following provisions:
• Other than restricting short-term rentals of less than 30 days, all of the dwelling units are available as rental housing rented under the terms of a residential tenancy agreement that complies with the provisions of the Residential Tenancy Act.
• A minimum of 8 affordable dwelling units will be provided consisting of:
o 4 One-bedroom units, and
o 4 Two-bedroom units.
• A minimum of 3 special needs dwelling units will be provided consisting of:
o 2 One-bedroom units, and
o 1 Two-bedroom unit.
• Affordable dwelling units must have an occupancy standard of at least one person per bedroom, and at least one person per bachelor unit.
• Affordable dwelling units must be occupied by households with a gross annual income at or below the BC Housing Income Limits for the Victoria region.
• Affordable rent is defined as not more than 30% of the gross household annual income.
Council gave third reading to Housing Agreement Bylaw, 2019, No. 2981 on December 16, 2019. This revised Housing Agreement is the same with an additional provision that limits an individual, government agency, or corporation to allocate no more than ten dwelling units at any given time. An exception to this allocation is made for the Department of National Defence and Seaspan for workforce housing.
Should this Housing Agreement Bylaw be adopted, Township representatives will execute the document and register a Notice of the Housing Agreement on the title of the subject property.
ISSUES:
1. Rationale for Selected Option
Registration of the Housing Agreement would ensure that a minimum of 8 units would be rented as affordable units and a minimum of 3 units would be rented as special needs units.
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 no sustainability or environmental implications.
5. Communication & Engagement
A housing agreement to secure the rental and affordable housing units is required as part of this rezoning application. The Local Government Act does not require that notification be provided when a municipality is considering approval of a Housing Agreement Bylaw.
ALTERNATIVES:
1. That Council rescind third reading, amend, and read anew a third time Housing Agreement Bylaw, 2019, No. 2981.
2. That Council defeat Housing Agreement Bylaw, 2019, No. 2981.