REQUEST FOR DECISION
DATE: November 21, 2017 Report No. DEV-17-067
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director, Development Services
SUBJECT:
Title
Housing Agreement Application, 101 Island Highway, PID 030-296-625, Lot 1, Section 2, Esquimalt District, Plan 67312.
End
RECOMMENDATION:
Recommendation
That Council resolves to rescind third reading of Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897.
That Council resolves that Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897, be amended and read anew at second reading as detailed in Schedule “A” of Staff Report DEV-17-067.
That Council resolves that Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897 (as amended), detailed in Schedule “A” of Staff Report DEV-17-067, be read a third time.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No 2050
Local Government Act [RSBC 2015] c.1
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Purpose of the Application
The property owner of 101 Island Highway has submitted an application to the Township to rezone the lands from C-5A [Tourist Commercial] to CD-102 [Comprehensive Development District No. 102] to accommodate changes to the uses permitted on the property and refine parking requirements associated with the proposed uses. The applicant proposes the site change to a commercial/ residential mixed-use development, including retaining a 145 square metre restaurant/coffee shop on the site, to be run by an independent operator, retaining a modest 59 square metre office space for on-site management of the buildings, and reducing the total number of units on the site from 121 to 96 units.
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 owner regarding the occupancy of the housing units identified in the agreement.
The property owner and the Township wish to enter into Housing Agreement that would include provisions:
§ restricting the residential portion of the development to market rental,
§ ensuring dwelling units are available to all classes of persons, except that units built as accessible units may be restricted to those persons with disabilities requiring such units, and
§ relating to the administration and management of all the units that further any of the regulations of the CD-102 zone, including restrictions on leasing more than 10 units to an individual, governmental agency or corporation, and reporting requirements, including with respect to allocation of units and floor area amongst the uses.
Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897 was read a first, second and third time at the Special Meeting of Council, held June 8, 2017.
Amendment of Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897 is required because the legal description of the subject property has changed to reflect an adjustment of the waterfront lot lines. This adjustment to lot lines has been approved and registered at Land Title and Survey Authority resulting in a new legal description for the subject property. Both the Housing Agreement Bylaw and the associated Housing Agreement must be updated to reflect the new legal description as the documents must accurately reflect the lands to which they apply.
Amendment of the Bylaw No. 2897 includes a change to legal description to reflect the updated property title that reflects the adjusted waterfront lot lines.
Amendment to Schedule A - Housing Agreement includes a change to legal description to reflect the updated property title that reflects the adjusted waterfront lot lines as well as a number of changes to the formatting to ensure consistency within the document.
Should this Housing Agreement Bylaw be adopted, a Notice of Housing Agreement shall be placed on the title of the subject property.
Schedules:
“A” Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897 (as amended);
“B” Housing Agreement - Schedule A - Bylaw No. 2897 (as amended)
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ISSUES:
1. Rationale for Selected Option
Should Council rescind third reading, amend Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897 and read it anew a second and third time, it would enable staff to return both the Housing Agreement Bylaw and the associated Zoning Amendment Bylaw No. 2893 to Council for consideration of adoption at the same Council meeting, date not yet determined.
2. Organizational Implications
This Request for Decision has no organizational implications.
3. Financial Implications
There may be property tax implications given the change of use from commercial to commercial - residential mixed use, but the Housing Agreement itself does not effect the change in use.
4. Sustainability & Environmental Implications
The proposal represents the adaptive reuse of the existing buildings and secures public access to the Gorge Waterway in the future.
5. Communication & Engagement
The requirement for a housing agreement was identified as part of the rezoning application when it was first presented to Council, May 23, 2017. 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 rescind third reading, amend Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897, and read it anew a second and third time.
2. That Council defeats Housing Agreement (101 Island Highway) Bylaw, 2017, No. 2897