REQUEST FOR DECISION
DATE: January 30, 2019 Report No. DEV-19-011
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Housing Agreement Bylaw - 638 Constance Avenue, 640 Constance Avenue and 637 Nelson Street
End
RECOMMENDATION:
Recommendation
That Council resolves that Housing Agreement Bylaw, 2019, No. 2954, attached as Appendix A of Staff Report DEV-19-011, for 638 Constance Avenue, 640 Constance Avenue and 637 Nelson Street be given first, second, and third reading.
Body
RELEVANT POLICY:
Zoning Bylaw, 1992, No 2050
Local Government Act
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: Housing Agreement Bylaw, 2019, No. 2954
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.110. This change is required to accommodate the proposed 6 storey, 71 unit, purpose-built rental, multiple family residential building including a 61 space parking garage.
The property owner and the Township wish to enter into a Housing Agreement that would include provisions that:
• 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 a Residential Tenancy Act with the exception of one Caretaker Unit.
• As the proposed development is a purpose built rental, the owner cannot stratify the building to ensure that the units remain as rental units.
• For a duration of 15 years, a minimum of 7 affordable dwelling units consisting of
o 3 Bachelor (Studio) units
o 2 One-bedroom units, and
o 2 Two-bedroom units
• 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 no more than 30% of the gross household annual income.
Should this Housing Agreement Bylaw be adopted, the Township representatives would then sign it and a Notice of this Housing Agreement shall be placed on the title of the subject property.
ISSUES:
1. Rationale for Selected Option
Registration of this Housing Agreement would ensure that this building remains as a purpose built rental building as proposed. In addition, it would also ensure that a minimum of 7 units would be rented as affordable units for a duration of 15 years.
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 give first, second and third readings to Housing Agreement Bylaw, 2019, No. 2954.
2. That Council defeat Housing Agreement Bylaw, 2019, No. 2954.