REQUEST FOR DECISION
DATE: November 28, 2018 Report No. DEV-18-083
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 1109 Lyall Street
End
RECOMMENDATION:
1. That Council, upon considering comments made at the Public Hearing, resolves that Bylaw No. 2940 [Appendix A], which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1109 Lyall Street [PID 006-001-009; Amended Lot 3 (DD 148436I), Section 11, Esquimalt District, Plan 4729] shown cross-hatched on Schedule "A" of Bylaw No. 2940 from RD-3 [Two Family/ Single Family Residential] to CD No. 111 [Comprehensive Development District No. 111], be considered for third reading; and
2. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-18-083, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 1109 Lyall Street [PID 006-001-009; Amended Lot 3 (DD 148436I), Section 11, Esquimalt District, Plan 4729] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township's solicitor at the applicant's expense) in the absence of all of the following:
* The number of dwelling units in the new development will remain at no more than three [3] units, as stated in Bylaw No. 2940
* The units will not be used for secondary suites or tourist accommodations (short term rentals)
* An electric vehicle charging station would be provided for each of the three dwelling units
* A constraint on the future strata corporation that the rental of units will not be restricted
Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the p...
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