REQUEST FOR DECISION
DATE: May 25, 2023 Report No. DEV-23-045
TO: Dan Horan, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Administrative Amendments to “Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106”
End
RECOMMENDATION:
Recommendation
That Council give first, second, and third readings to Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106, Amendment Bylaw, 2023, No. 3113.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan (OCP)
BACKGROUND:
CHRONOLOGY:
July 6, 2018 - Request for Proposals issued for purchase and development of 880 Fleming Street for affordable housing.
October 8, 2019 - Memorandum of Understanding signed setting out terms and conditions for sale and development of 880 Fleming Street.
October 21, 2020 - Purchase and Sales Agreement executed.
March 7, 2022 - OCP Bylaw, 2018, No. 2922 Amendment Bylaw No. 3041 adopted.
March 7, 2022 - Zoning Bylaw 1992, No. 2050 Amendment Bylaw No. 3042 adopted.
June 27, 2022 - Development Permit DP000188 approved.
April 3, 2023 - First three readings given to “Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106”.
April 24, 2023 - “Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106” amended at third reading to correct a numbering mistake.
May 1, 2023 - “Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106” adopted.
Appendices:
Appendix “A” - Housing Agreement (880 Fleming Street )Bylaw, 2023, No. 3106, Amendment Bylaw, 2023, No. 3113”
Analysis:
Earlier the original Housing Agreement Bylaw was amended to correct a numbering error. However, there remain three additional numbering errors that need to be corrected. Specifically:
(1) Section 1.1(a) of the Housing Agreement is amended by changing “Part 4.0” to “Part 3.0”.
(2) Section 1.1(p) of the Housing Agreement is amended by changing “section 3.3” to “section 2.2”.
(3) Section 1.1(q) of the Housing Agreement is amended by changing “section 3.4” to “section 2.2”.
Because the original Housing Agreement Bylaw has been adopted, it can only be amended by another Bylaw, in this case “Housing Agreement Bylaw, 2023, No. 3106, Amendment Bylaw, 2023, No.3113 (880 Fleming)” (Appendix “A”). Once this bylaw has been adopted, the Housing Agreement will have the correct internal numbering references.
ISSUES:
1. Rationale for Selected Option
The current version of the Housing Agreement for 880 Fleming Street has three numbering errors that must be corrected in order for the Housing Agreement to be finalized.
2. Organizational Implications
There are no significant organizational implications.
3. Financial Implications
There are not significant financial implications.
4. Sustainability & Environmental Implications
There are no significant sustainability and environmental implications.
5. Communication & Engagement
The draft Housing Agreement was attached to the staff report for the public hearing. There are no statutory requirements for public engagement related to the Housing Agreement Bylaw or amendments thereto.
ALTERNATIVES:
That Council give first, second, and third readings to Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106, Amendment Bylaw, 2023, No. 3113.
That Council does not give three readings to Housing Agreement (880 Fleming Street) Bylaw, 2023, No. 3106, Amendment Bylaw, 2023, No. 3113.