TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: April 22, 2024 Report No. DEV-24-023
TO: Council
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT: Covenant Discharge - 850 Colville Rd. and 842 Carrie Street
RECOMMENDATION:
Recommendation
That Council direct staff to discharge the Section 219 covenant registered on the land title for 842 Carrie Street and 850 Colville Road.
Body
EXECUTIVE SUMMARY:
The applicant has submitted a request to have a Section 219 covenant registered on the land titles for 842 Carrie Street and 850 Colville Road discharged, which would de-couple the properties.
BACKGROUND:
In 2022, 842 Carrie Street [Lot A] was subdivided into two lots, creating a small lot at 850 Colville Road [Lot B] and a larger remnant lot. The house on Lot B was recently completed. The original date of the house at 842 Carrie Street [Lot A] is uncertain as it predates “Esquimalt” incorporation, with the “cement foundation” being a renovation by building permit in 1936. This building is not included on the Community Heritage Register or the old heritage list though it does have some heritage value as a modest sized older home in the neighbourhood, due to its age and corner location.
As a condition of rezoning, which was required to facilitate the construction of a single dwelling unit house on Lot B, a Section 219 covenant with the Township of Esquimalt was agreed to by the owner and registered on title. The purpose of the covenant was to retain the existing house at 842 Carrie Street [Lot A] and to ensure that the applicant built an energy efficient home as proposed, by linking the two properties together until several conditions were met. The covenant also sought to limit the number of dwelling units on each lot, and there were building restrictions for renovation or redevelopment of the existing house on Lot A. The applicant has now met the conditions required in the covenant for Lot B [850 Colville] and is requesting to discharge the covenant in order to separate the parcels, and to remove the restrictions and requirements for both Lots A and B.
Chronology:
• October 25, 2019 - Rezoning application received
• September 14, 2020 - Council gave first reading to Bylaw Nos. 3005 and 3006
• October 26, 2020 - Council gave second reading to Bylaw Nos. 3005 and 3006 and directed the Corporate Officer to schedule a public hearing. Prior to scheduling the public hearing Development Services staff negotiated the details of the Section 219 covenant terms with the applicant
• March 1, 2021 - Public hearing and 3rd reading of Bylaws 3005 and 3006 given by Council
• June 11, 2021 - Registered covenant returned to staff
• January 30, 2022 - Plan EPP10980 Registered at the Land Titles Office subdividing the original lot into two smaller lots
• May 27, 2022 - Landowner applies for a height variance for the proposed dwelling at 850 Colville Road
• December, 2023 - 850 Colville house construction completed (passed final inspection of Building Permit)
• December 15, 2023 - Covenant discharge application received
Referral Comments:
Building:
The building department does not have any concerns or objections.
ANALYSIS:
A summary of the conditions in the covenant and an analysis of each condition are described below:
Maximum Dwelling Units
Section 6 and 14 contain ongoing use requirements. Section 6 restricts Lot A (842 Carrie Street) to a maximum of one dwelling unit and one secondary suite. Section 14 restricts Lot B (850 Colville Road) to a maximum of one dwelling unit. Under the new Small Scale Multi-Unit Housing (SSMUH) legislation, both parcels would be considered “restricted zones” (zones that are restricted to single-family dwellings or duplexes). The purpose of SSMUH is to allow more small-scale multi-unit housing in these “restricted zones.” Under the new legislation, parcels 280m² or less are allowed a minimum of three (3) units, and parcels greater than 280m² are allowed a minimum of four (4) units. Therefore, the zoning for 842 Carrie Street (318.88m²) must permit a minimum of four dwelling units, and 850 Colville Road (256.31m²) must be permitted to have a minimum of three dwelling units under the new Provincial legislation. As existing covenants usurp the recent SSMUH legislation, Council is entitled to keep maximum dwelling unit restrictions detailed in this covenant on the properties if they wish, though the Provincial Policy Manual discourages covenant restrictions.
Lot A (842 Carrie) Conditions
• Sections 7 & 8: Lot A must not be built upon, including renovations or repairs of the existing building for which a permit is required, unless the requirements of Step Code 3 are met or exceeded.
• Sections 9 & 10: Lot A must not be built upon, including renovations or repairs of the existing building for which a permit is required, unless the owner has provided a heat pump for use as the primary heating source for the existing dwelling.
• Sections 11, 12 & 13: Lot A must not be built upon, including renovations or repairs of the existing building for which a permit is required, unless a Level 2 (or better) electric vehicle charging station is installed.
As of May 1, 2023 the B.C. Building Code requires 20% better energy efficiency for most new buildings in B.C. This is equivalent to Step 3 for Part 9 buildings, which is the classification of building which could be rebuilt on this parcel (residential building three storeys or less). Therefore, the requirement for a new building to meet Step Code 3 is redundant, as it would be covered under Provincial legislation (B.C. Energy Step Code).
Esquimalt’s Parking Bylaw, 1992, No. 2011 contains minimum requirements for the number of energized electric vehicle outlets. For one unit, two unit (Single Family and Duplex) and townhouse dwellings, 100% of the required parking spaces must be energized. However, it does not contain requirements for the installation of an EV Charing Station for these spaces.
Council may wish to modify instead of discharge this covenant if they desire to keep any of the conditions in place. However, staff advise that the requirement to meet Step Code 3 be discharged as it is very difficult for existing aging homes to meet the requirements. The technical metrics of the BC Energy Step Code were designed to be realistic for clean slate, new buildings to meet, not existing ones.
Lot B (850 Colville) Conditions
• Section 15: Lot B must meet Step Code 3 or higher. The applicant has achieved Step 5, therefore this requirement has been met [Appendix E].
• Section 16: Lot B must have a heat pump. This has been met [Appendix D].
• Section 17: Lot B must not have a gas connection. This has been met.
• Section 18: Lot B must install an EV charger. This has been met [Appendix D].
In summary, the building restrictions and requirements (15-18) for Lot B have been met, and the building restrictions and requirements (7-13) for Lot A are redundant or lack reasonable feasibility moving forward in the case of SSMUH redevelopment. In furtherance of additional housing, staff support the removal of the density and use restrictions for both parcels.
OPTIONS:
1. That Council direct staff to coordinate with the property owner to discharge the Section 219 Covenant [Appendix B] that is currently registered on title.
2. That Council deny the discharge of the Section 219 Covenant and direct staff to work with the property owner to amend the covenant, either in relation to building restrictions and requirements, or density and use matters, or both, as Council may direct.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications.
COMMUNICATIONS/ENGAGEMENT:
No communications were required as part of this application.
TIMELINES & NEXT STEPS:
There are no further steps.
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:
List all items attached to the Staff Report
1. Appendix A: Aerial map
2. Appendix B: Registered S. 219 Covenant (CA9047501)
3. Appendix C: Applicant letter
4. Appendix D: 850 Colville: EV charger and heat pump evidence
5. Appendix E: 850 Colville: BC Energy Step Code compliance
6. Appendix F: Staff presentation