REQUEST FOR DECISION
DATE: July 12, 2018 Report No. DEV-18-054
TO: Laurie Hurst, Chief Administrative Officer
FROM: Lui Carvello, Consulting Registered Professional Planner
(based on Staff Report DEV-18-045 prepared by Alex Tang, Planner)
SUBJECT:
Title
Housing Agreement Bylaw, 669 Constance Avenue
End
RECOMMENDATION:
Recommendation
That Council resolves that Housing Agreement Bylaw, 2018, No. 2937, attached as Appendix A of Staff Report DEV-18-054, for 669 Constance Avenue, be considered for final adoption.
Body
RELEVANT POLICY:
Zoning Bylaw, 1992, No. 2050
Local Government Act
STRATEGIC RELEVANCE:
Further to the Staff Report DEV-18-045, this Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: Housing Agreement Bylaw, 2018, No. 2937
Purpose of the Application
The attached Housing Agreement was a condition of the associated Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2915. If that receives final adoption, then it follows that Housing Agreement Bylaw, 2018, No. 2937 also receive final adoption to implement the commitments made by the applicant.
Further to the Staff Report DEV-18-045, the Housing Agreement includes provisions that:
• Other than restricting short-term rentals of less than 30 days, all of the dwelling units are available as rental units to non-owners.
• 10 dwelling units are be exclusively marketed for sale to individuals with special needs for fair market value for a period of 90 days, with advertisement in a local newspaper for at least two weeks and an open house at the sales centre which will be open only to Township of Esquimalt residents and individuals with special needs no matter where they reside. In the event that these units are not sold during this listing period, the units can subsequently be offered for sale to members of the public. This process would repeat each time any of these 10 units are offered for sale, with the intent that the 10 units should be occupied by persons with disabilities, but this agreement is not guaranteeing that.
• At least 4 of the dwelling units are designed and constructed for wheelchair accessibility.
• Driveways leading to the four accessible parking spaces are designed for wheelchair accessibility.
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
If Council defeats Zoning Amendment Bylaw No. 2915, then this Housing Agreement Bylaw should similarly be defeated as its provisions are dependent on the rezoning.
Should Council give final adoption to Zoning Amendment Bylaw No. 2915, then Housing Agreement Bylaw, 2018, No. 2937 can also be given final adoption to enable the Township the authority to implement the commitments made by the developer noted in the agreement.
2. Organizational Implications
Further to the Staff Report DEV-18-045, this Request for Decision has no organizational implications.
3. Financial Implications
Further to the Staff Report DEV-18-045, this Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
Further to the Staff Report DEV-18-045, this Request for Decision has no sustainability or environmental implications.
5. Communication & Engagement
Further to the Staff Report DEV-18-045, 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 proceed with final adoption of Housing Agreement Bylaw, 2018, No. 2937.
2. That Council defeat Housing Agreement Bylaw, 2018, No. 2937.