REQUEST FOR DECISION
DATE: March 9, 2021 Report No. DEV-21-021
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Housing Agreement Bylaw Amendment and Covenant Modification- 612 Constance Avenue
End
RECOMMENDATION:
Recommendation
That Council;
1. resolves that Housing Agreement Bylaw, 1999, No. 2981, Amendment Bylaw, No. 3023, 2021, for 612 Constance Avenue be given first, second and third readings as attached to Staff Report No. DEV-21-021 as Appendix A; and,
2. approves the proposed amendments to Section 219 Covenant CA8354956, attached as Appendix B of Staff Report No. DEV-21-021 and authorizes the Mayor and Chief Administrative Officer to execute the necessary documents and Corporate Officer to register a Notice of the Housing Agreement and Covenant Modifications document on the title of Lot A, Suburban Lots 44 and 45, Esquimalt District, Plan EPP86051.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Local Government Act
Housing Agreement Bylaw, 1999, No. 2981
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. 3023
Appendix B: S.219 Covenant
Purpose of the Application
The owners of the subject property have revised their plans. This has necessitated an amendment to the Housing Agreement Bylaw, 2019, No. 2981. Council adopted this bylaw on August 31, 2020 for the properties at 616 Constance Avenue, 620 Constance Avenue, 619 Nelson Street, 623 Nelson Street, and 1326 Miles Street. Since the adoption, these properties have been consolidated into one legal parcel under the new address of 612 Constance Avenue.
The property owners and the Township wish to enter into a Housing Agreement that would include the same provisions as detailed in Housing Agreement Bylaw, 2019, No. 2981 but with an amended Schedule ‘A’ to update the designated special needs units. As the floor plans have changed for this proposed development, this updated schedule reflects the proposed special needs units within the current floor plan.
Moreover, the property owners would like to amend Schedule ‘B’ and Schedule ‘C’ of the registered Section 219 Covenant CA8354956 to correspond to the updated floor plans for the group children’s day care centre, designated special needs units, and affordable units.
The new development permit application for the revised building design will be presented to Council at a future date.
ISSUES:
1. Rationale for Selected Option
Registration of the Housing Agreement and S.219 Covenant would ensure that a minimum of 8 units would be rented as affordable units and a minimum of 3 units would be rented as special needs units.
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 that notification be provided when a municipality is considering approval of a Housing Agreement Bylaw.
ALTERNATIVES:
1. That Council:
(1) resolves that Housing Agreement Bylaw, 1999, No. 2981, Amendment Bylaw, No. 3023, 2021, for 612 Constance Avenue be given first, second and third readings attached as Appendix A to Staff Report No. DEV-21-021: and,
(2) approves the proposed amendments to Section 219 Covenant CA8354956, attached as Appendix B of Staff Report No. DEV-21-021 and
authorizes the Mayor and Chief Administrative Officer to execute the necessary documents and Corporate Officer to register a Notice of the Housing Agreement and Covenant Modifications document on the title of Lot A, Suburban Lots 44 and 45, Esquimalt District, Plan EPP86051.
2. That Council request additional information from staff before making a decision.
3. That Council defeat Housing Agreement Bylaw, 2021, No. 3023 and pass a resolution not to support the proposed modifications to Section 219 Covenant CA8354956.