REQUEST FOR DECISION
DATE: May 11, 2021 Report No. DEV-21-040
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
DRAFT Schedule A - Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028.
End
RECOMMENDATION:
Recommendation
1. That Council resolves that the terms identified in DRAFT Schedule A to Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028, attached as Appendix A of Staff Report DEV-21-040, are acceptable to Council.
2. That Council authorizes staff to schedule a Public Hearing for the proposed commercial mixed-use building containing 92 Senior Persons rental apartment units and 1 commercial retail unit, that would be authorized by the adoption of OCP Amendment Bylaw No. 3026 and Zoning Amendment Bylaw No. 3027, with the understanding that, should Council, upon considering comments from the Public Hearing, read the aforementioned bylaws a third time, staff would not present these bylaws for consideration of adoption until the applicant secures ownership of 819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road, the Housing Agreement, Schedule A to Bylaw No. 3028 is executed by the owner of the lands, and Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028 is presented to Council for consideration of first, second and third readings.
Body
RELEVANT POLICY:
Declaration of a Climate Emergency
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
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community - Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendices
Appendix A: Schedule A - Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028
Appendix B: Avenir Construction - Letter of Acceptance of DRAFT Housing Agreement
Appendix C: Site Plan, Air Photo, OCP and Zoning Maps
Appendix D: 874 Fleming Street - Drawings, BCLS Site Plan, Concept Landscape Plan
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’. These changes are required to allow Esquimalt Council to consider a concurrent application for 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 (plus partially covered roof top patio) building, including 62 underground parking spaces, on the subject properties.
Under Section 483 of the Local Government Act the Township may, by bylaw, enter into a Housing Agreement including terms and conditions agreed to by the local government and the property OWNER regarding the occupancy of the housing units identified in the agreement.
Avenir Construction (2018) Inc. has secured the written permission from the various property owners of the three parcels to make this application for OCP Amendment and Rezoning and has secured the option to purchase the properties from all the owners.
As Avenir Construction (2018) Inc. is not the registered owner of the parcels, they cannot legally execute the Housing Agreement. As the Local Government Act requires that the local government and property owner may agree to enter into a Housing Agreement, Council cannot proceed with considering reading Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028 until such time as the applicant has purchased the properties and executed the Housing Agreement.
Avenir Construction (2018) Inc. has provided a letter confirming they have reviewed and accept all terms contained in the DRAFT Housing Agreement (Schedule B).
Should Council accept the terms, the DRAFT Housing Agreement would include the following key provisions:
The Owner covenants and agrees that:
All of the 92 dwelling units on the Lands must be Senior Person Units;
The building will contain no less than five units constructed such that they will accommodate or are capable of being adapted to accommodate an Individual with Special Needs including wheelchair accessibility;
Senior Person Units must be of the following types:
1) 43 One-bedroom Units;
2) 21 One-bedroom and den Units;
3) 28 Two-bedroom Units;
There will be a restriction limiting the allocation of up to ten (10) units in the development to a single individual, governmental agency or corporation and allowing only one such allocation.
The parties acknowledge and agree that the parties may agree, in writing but with or without modification of this Agreement, to adjust the unit type allocation;
The parties acknowledge and agree the aforementioned provisions are only intended to be operative for twenty (20) years from the date that the building in which the Senior Person Units are located, is granted an Occupancy Certificate.
Should 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 92 units would be rented as Senior Persons housing units for not less than 20 years thereby addressing an identified need within the community.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
Increasing residential density in existing neighbourhoods is believed to make a community more sustainable as it reduces the need for sprawl and makes more efficient use of publicly funded services such as roads, piped services, and transit. The applicant has indicated willingness to construct the building to Step 2 of the BC Energy Step Code, provide charging opportunities for mobility scooters and electric bikes, and prohibit the use of natural gas as an energy source for space heating in the building. The site landscaping details the inclusion of not less than three medium sized street trees across the Esquimalt Road frontage and 3 medium sized shade/ privacy trees along the rear lot line as detailed in the architectural plans attached as Appendix D of Staff Report DEV-21-040.
5. Communication & Engagement
A Housing Agreement to secure the rental and seniors housing units is required as part of this OCP Amendment and 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 approve the terms of Schedule A - Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028 and direct staff to schedule the public hearing for the proposed 92 Senior Persons rental unit building, understanding that the Housing Agreement would be presented to Council only after the applicant has secured ownership of the lands and executed the agreement.
2. That Council identify changes to the terms of Schedule A - Housing Agreement (819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road) Bylaw, 2021, No. 3028 and direct staff to amend the terms and only schedule the public hearing for the proposed 92 Senior Persons rental unit building, after the applicant has accepted the amended terms, in writing, understanding that the amended Housing Agreement would be presented to Council only after the applicant has secured ownership of the lands and executed the agreement.