REQUEST FOR DECISION
DATE: March 28, 2022 Report No. DEV-22-028
TO: Laurie Hurst, Chief Administrative Officer
FROM: Yvonne Mitchell, Planner 1 and Bill Brown, Director of Development Services
SUBJECT:
Title
Housing Agreement Bylaw - 819, 821, 823 Esquimalt Road
End
RECOMMENDATION:
Recommendation
That Council resolves that Housing Agreement Bylaw, 2021, No. 3028 attached as Appendix A of Staff Report DEV-22-028, for 819, 821, 823 Esquimalt Road be given first, second, and third readings.
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RELEVANT POLICY:
Zoning Bylaw, 1992, No. 2050
Local Government Act
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Housing Agreement Bylaw, 2021, No. 3028
PURPOSE OF THE APPLICATION:
The applicant is requesting a change to the OCP ‘Proposed Land Use Designations’ map by changing the designation for the subject properties from ‘Neighbourhood Commercial Mixed-Use’ to ‘Commercial/ Commercial Mixed-Use’ and change the ‘Development Permit Areas’ map by changing the applicable Development Permit Area for the subject properties from ‘Multi-Family Residential’ to ‘Commercial’. The applicant is also requesting a change in zoning of the subject properties from the current mix of RM- 4 [Multiple Family Residential] and C-1 [Convenience Commercial] zones to Comprehensive Development District No. 136 zone [CD-136], to accommodate the ninety-two (92) seniors oriented, multiple family residential units and one commercial unit, proposed to be constructed in an eight-storey building on the subject properties.
The property owner and the Township wish to enter into a Housing Agreement that would include the following provisions:
• The Housing Agreement Bylaw has a term of 20 years, during which time the units must be used for rental.
• All 92 residential units must be used for rental residences offered to seniors over the age of 55 years old.
• Unless otherwise approved by the Director of Development Services, no rental unit shall be rented to any corporate entity.
• Unless otherwise approved in writing by the Director of Development Services, no tenant may rent more than one rental unit.
• No rental unit will be occupied for any purpose except for a rental residence.
• Unless otherwise approved by the Director of Development Services, rental units will only be used as a principal residence of a tenant.
• The Owner will not permit a rental unit to be used for short-term rental purposes (being rentals for periods shorter than 30 consecutive days).
• Through participation in the owners Volunteer Program, tenants who volunteer more than or equal to 10 hours per month shall be entitled to a $200 reduction in their monthly rental fees.
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 properties.
CONTEXT:
Applicant: Jason Craik [Avenir Construction Inc.]
Owner: Avenir Construction Inc.
Property Size: Metric: 2031 m2 Imperial: 21,861 ft2
Existing Land Use: Fourplex/ Single Family Dwelling/ Retail Store
Surrounding Land Uses:
North: Four and Six storey Multiple Family Residential
South: Single Family Residential
West: Single Family Residential
East: Four storey Multiple Family Residential
OCP Proposed Land Use Designation: Neighbourhood Commercial Mixed-Use [change required to - Commercial/ Commercial Mixed-Use]
Existing Zoning: RM-4 [Multiple Family Residential]/ C-1 [Convenience Commercial]
Proposed Zoning: CD-136 [Comprehensive Development District No. 136]
ISSUES:
1. Rationale for Selected Option
Registration of the Housing Agreement would ensure the proposed 92 units are used as rental units offered for seniors and the other matters noted above are secured as part of the development.
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 and environmental implications.
5. Communication & Engagement
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 gives first, second and third readings to Housing Agreement Bylaw, 2021, No. 3028.
2. That Council defeats Housing Agreement Bylaw, 2021, No. 3028