REQUEST FOR DECISION
DATE: November 30, 2021 Report No. DEV-21-085
TO: Laurie Hurst, Chief Administrative Officer
FROM: Yvonne Mitchell, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Covenant Modification - 622 Admirals Road
End
RECOMMENDATION:
Recommendation
That Council approves the amendments to Section 219 Covenant CA3608095, attached as Appendix A to Staff Report No. DEV-21-085 and authorizes the Mayor and Chief Administrative Officer to execute the necessary documents in order that the Covenant Modification may be registered on the title for Lot A Suburban Lot 43 Esquimalt District Plan EPP82555.
Body
RELEVANT POLICY:
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing and development consistent with our Official Community Plan
BACKGROUND:
Appendix A - S.219 Covenant
Appendix B - Floor plans showing the proposed change in distribution of the strata units within the building
The owner of the subject property has revised their proposed development. The proposed development conforms to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw [No. 207], 2013, No. 2798, as adopted by Council on June 23, 2014.
The proposed development has 37 strata lots, a reduction of four strata lots from the previously proposed development of 41 strata lots. The proposed development involves eliminating a total of four one-bedroom Congregate Care owner units to accommodate additional two-bedroom Congregate Care owner units on the ninth and tenth storey of the building.
This necessitates a modification to the Section 219 Covenant as follows:
• Modify the proposed number of strata lots from 41 to 37.
ISSUES:
1. Rationale for Selected Option
The owner is proposing to change the proposed development to meet demand for two bedrooms units which necessitates a modification to the existing Section 219 Covenant CA3608095.
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
The Local Government Act does not require notification or a public hearing be provided when a municipality is considering an amendment to a Section 219 Covenant.
ALTERNATIVES:
1. That Council approves the proposed amendments to Section 219 Covenant CA3608095, attached as Appendix A of Staff Report No. DEV-21-085 and authorizes the Mayor and Chief Administrative Officer to execute the necessary documents in order that the Covenant Modification may be registered on the title for Lot A Suburban Lot 43 Esquimalt District Plan EPP82555.
2. That Council request additional information from staff before deciding.
3. That Council pass a resolution to not support the proposed modifications to Section 219 Covenant CA3608095.