DocumentsStaff ReportApr 3, 2018Pages 46–47
Staff Report to Council - Discharge of Covenant for 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate
Report recommending Council authorize discharge of a Section 219 covenant (CA5498501 & CA5498502) that currently restricts subdivision of three properties adjacent to 2500 Echo Valley Drive, subject to conditions.
Key facts
- Covenant registered as CA5498501 and CA5498502 on properties 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate
- Option recommended: Council sign Form C Discharge at the covenantor's expense following adoption of Bylaw No. 1717
- No written objections received during notification period
Staff Report to Council - Discharge of Covenant for 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate
2nd Floor · 877 Goldstream Avenue · Langford, BC Canada · V9B 2X8
T · 250-478-7882 F · 250-478-7864
Date:
April 3, 2018
Department:
Planning
Subject:
Discharge of Covenant for 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate
BACKGROUND
As a condition of the 2016 rezoning of the properties located at 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate (the “subject properties”), a Covenant was registered to restrict development on the subject properties to minimize the potential impact of development on the adjacent property at 2500 Echo Valley Drive. The Covenant (registered in the Land Titles Office as CA5498501 and CA5498502) agreed that the subject properties shall not be subdivided in a manner that would create more than 25 lots until a minimum of five years has elapsed from the date of adoption of amending Bylaw No. 1620.
The Covenant was required by Council at the request of the previous owner of 2500 Echo Valley Drive, adjacent to the subject properties. This ownership has now changed, and the new owner wishes to develop the Echo Valley Drive property, as evidenced by the current Bylaw amendment application to permit townhouses on the site. As a result, Council may wish to discharge the Covenant on 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate in advance of the five year expiry.
COMMENTS
During the March 19, 2018 Public Hearing of the requested amendment for 2500 Echo Valley Drive, Council also considered discharging the Covenant on the properties at 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate. Notifications and advertisements were place as required by Council, and no written comments or concerns were received by the City.
FINANCIAL IMPLICATIONS
Allowing the development of more than 25 lots on the properties at 1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate may increase the assessed value of the properties, and this may increase municipal revenue.
OPTIONS
- That Council resolves that the City of Langford (the “Covenantee”) will do everything necessary, at the Covenantor’s expense, to sign a Form C Discharge to release the Section 219 Covenant registered as CA5498501 and CA5498502 on the properties legally described as Lot 1, Sections 1 and 2, Range 4 West, Highland District, Plan VIP83411 Except Parts in Plans EPP40953 and EPP53263 (1410 Grand Forest Close, 1431 Grand Forest Close and 2342 Lairds Gate) following the Adoption of Bylaw No. 1717.
OR
- That Council take no further action with regard to the Section 219 Covenant registered as CA5498501 and CA5498502.
Respectfully submitted,
Submitted by:
Sarah Herring, MCIP, RPP Planner
Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Concurrence:
Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer
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