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File #: 20-260    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 5/26/2020 In control: Council
On agenda: 6/1/2020 Final action: 6/1/2020
Title: Approval of a Section 219 Covenant (Appendix "A") to be registered on the land title for 1198 Munro Street (PID 005-455-031) (Legal Description Lot 1, Section 11, Esquimalt District, Plan 44436).
Attachments: 1. Appendix A - Form C Charge: Section 219(d) EXECUTED, 2. Appendix B - Proposed Plan of Subdivision for 1198 Munro Street, 3. Appendix C - Bylaw 2947 - Zoning Bylaw 1992 No. 2050 Amendment Bylaw (CD-114 1198 Munro Street)

REQUEST FOR DECISION

 

DATE:                       May 26, 2020                     Report No. DEV-20-029

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Bill Brown, Subdivision Approving Officer

SUBJECT:

 

Title

Approval of a Section 219 Covenant (Appendix “A”) to be registered on the land title for 1198 Munro Street (PID 005-455-031) (Legal Description Lot 1, Section 11, Esquimalt District, Plan 44436).

End

 

RECOMMENDATION:

 

Recommendation

That Council authorize the Mayor and Chief Administrative Officer to execute the Section 219 Covenant (Appendix “A”) that would link the two proposed lots (Appendix B”) until the Comprehensive Development Zone No. 114 [CD No. 114] (Appendix “C”) is amended to allow a density of three (or more) dwelling units in the zone or the existing suite has been removed.

Body

 

RELEVANT POLICY:

 

Land Title Act

Local Government Act

Official Community Plan Bylaw, 2018, No. 2922

Zoning Bylaw, 1992, No. 2050

Parking Bylaw, 1992, No. 2011

Development Application Procedures and Fees Bylaw, No. 2791, 2012

Subdivision and Development Control Bylaw, 1997, No. 2175

 

STRATEGIC RELEVANCE:

 

The approval of the Section 219 Covenant and the execution of the relevant Land Titles Forms does not directly support any of the goals and objectives in the Strategic Plan.

 

BACKGROUND:

 

On May 27, 2019, Council adopted Bylaw No. 2947 which created a site specific zone, Comprehensive Development District No. 114 [CD No. 114]  (Appendix “C”) that allowed for the creation of two lots from a single parent lot (Appendix “B”).  The Section 4 of the CD 114 zone states that:

 

                     Density

 

                     The number of Dwelling Units permitted on Lot 1, Section 11, Esquimalt District Plan 44436 and in this CD No. 114 Zone shall be limited two [2], for a minimum density of one [1] unit per 357 square metres.

 

The current house on the property, which will remain, contains a legal suite.  Therefore, the property already has reached its maximum density of two Dwelling Units.  Once the subdivision is approved (Appendix “B”), a lot will be created (Lot B Plan EPP93840) that cannot be developed because the maximum density in the zone has been reached.  In order to prevent the sale of an individual parcel with no development rights, the Subdivision Approving Officer is requiring the owner to register a Section 219 Covenant (Appendix “A”) on the title of the property that would link the two new parcels so that they cannot be sold separately.  The covenant will be discharged once the Comprehensive Development No. 114 zone has been amended to increase the density to three (or more) dwelling units within the zone or the suite has been removed.

 

 

ISSUES: 

 

1.  Rationale for Selected Option

 

In order to prevent the sale of a lot without development rights, the Subdivision Approving Officer has required a section 219 covenant to be registered on title linking the two proposed lots (Appendix “B”) so that they cannot be sold separately until the zoning bylaw has been amended in order to allow three (or more) dwelling units in the Comprehensive Development No. 114 [CD-114] zone or the existing suite has been removed.

 

2.  Organizational Implications

There are no significant organizational implications.

 

3.  Financial Implications

There are not significant financial implications

 

4.  Sustainability & Environmental Implications

There are no significant sustainability or environmental implications.

 

5.  Communication & Engagement 

There is no requirement of any communication or engagement associated with the execution of a Section 219 Covenant.

 

ALTERNATIVES:

 

1)                      That Council authorize the Mayor and Chief Administrative Officer to execute the Section 219 Covenant (Appendix “A”) that would link the two proposed lots (Appendix B”) until the Comprehensive Development Zone No. 114 [CD No. 114] (Appendix “C”) is amended to allow a density of three (or more) dwelling units in the zone or the existing suite has been removed. 

 

2)                     That Council not authorize the Mayor and Chief Administrative Officer to execute the Section 219 Covenant (Appendix “A”) that would link the two proposed lots (Appendix B”) until the Comprehensive Development Zone No. 114 [CD No. 114] (Appendix “C”) is amended to allow a density of three (or more) dwelling units in the zone or the existing suite has been removed.