ADMINISTRATIVE REPORT

Date: October 10, 1997

Dept. File No. 3232

CC File: 4661

TO: Vancouver City Council

FROM:Director of Planning and the Manager of the Housing Centre, in consultation with the Director of Legal Services

SUBJECT: Housing Agreement - 3062 - 3188 West 41st Avenue

RECOMMENDATION

A.THAT Council amend condition of enactment c(iii) for the rezoning of 3062-3188 West 41st Avenue to restrict occupancy of the units to households where at least one member is 55 years of age or older with no restriction on household size (instead of the current restriction that the units may only be sold to households with 2 members or less one of whom is aged 55 or over) as set out in Appendix A.

B.THAT Council approve the necessary by-law and authorize the Director of Legal Services to execute a Housing Agreement generally in the form attached to the by-law (the required by-law will be submitted later in this Council session) to restrict occupancy in accordance with the above Recommendation A.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council’s policy is to require covenants restricting occupancy, to households at least one of whose members is aged 55 or over, for projects which are approved with reduced parking standards because they are intended to serve seniors.

PURPOSE

This report recommends Council amend the condition of enactment for the rezoning of 3062-3188 West 41st Avenue to:

- restrict occupancy, instead of sale of the units, to seniors; and

-eliminate the restriction of 2 person households or less, and recommend Council approve the necessary by-law to authorize a Housing Agreement to be registered on title implementing the seniors housing restriction.

BACKGROUND

At the April 28, 1997, Public Hearing Council considered an application to rezone 3062-3188 West 41st Avenue.

‘The proposed rezoning from RT-2 Two-Family Dwelling District to CD-1 Comprehensive Development District would permit the development of two 3 ½ storey multiple dwellings with 58 units for households in which at least one resident would be 55 years of age or older. Twenty-one of these units would have direct grade-level access. Maximum density would be 1.25 FSR.’

Council approved the application, and amended the draft CD-1 by-law to reduce the parking required from the 95 parking spaces that would be required under an RM-3 zoning schedule to 82 spaces.

DISCUSSION

A condition of enactment normally required for seniors projects that receive a parking relaxation is the execution and registration of a covenant restricting occupancy to households one of whose members is 55 or older. Condition 1(c)(iii) approved for this rezoning requires that the registered owner shall:

‘execute an agreement to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre restricting sales to a single person at least 55 years of age and to no more than two people, at least one of whom is at least 55 years of age, to be registered in priority over all charges which may defeat or delay the agreement.’

Polygon Development 101 Ltd., which will be developing the project, has requested the condition be amended to restrict occupancy, instead of sales, to households with at least one member aged 55 or over, and to eliminate the limit to one or two person households. Polygon expects there will be younger households who will be interested in buying a unit, not to occupy themselves, bu for their aging parents. Polygon also expects eventually there will be a demand for live-in care givers which may result in households with more than 2 persons.

Polygon’s request the condition be amended is supported. The current condition assumed owner occupiers and did not allow for live-in care givers. There are seniors who cannot afford to buy a unit themselves but whose children can, and they should not be precluded. And live-in care givers are likely in the future as more emphasis is placed on keeping seniors in their homes as long as possible. Consequently, the Director of Planning and the Manager of the Housing Centre recommend that condition 1(c)iii be amended as set out in Appendix A.

CONCLUSION

It is recommended Council amend the condition of zoning enactment that ensures the project serves seniors so children can buy units for their parents and live-in caregivers can be accommodated.

* * * * *

APPENDIX A

3062 - 3188 West 41st Avenue - Conditions of Enactment

Amend condition 1(c)(iii) to read:

"execute an agreement to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre restricting occupancy to households with at least one member 55 years of age or older, to be registered in priority over all charges which may defeat or delay the agreement."

* * * * *

(c) 1997 City of Vancouver