BYLAW NO. 2263 — City of Langford Housing Agreement (2829 Knotty Pine Road) Bylaw No. 2263, 2026 (FIRST, SECOND AND THIRD READINGS)

EXECUTIVE SUMMARY

As a condition of rezoning 2829 Knotty Pine Road, the owner agreed to enter into a Housing Agreement to either allocate 5% of the units in their building to the Attainable Home Ownership Program or rent 10% of the units at rates at least 10% below the benchmark rent for the respective unit type. The owner wishes to pursue the rental option, as they are preparing to submit a building permit application to construct the building as a purpose-built rental building.

As with the ownership stream, any terms and conditions applied to the occupancy of a rental unit must be secured through a Housing Agreement registered on title of the property, which in turn must be authorized through the adoption of a Housing Agreement Bylaw. Staff have worked with City solicitors to draft the standard terms of the Housing Agreement, which includes definitions on how the below-market rent is to be calculated, income limits, residency requirements, among others. The purpose of this report is for Council to consider first, second, and third reading of City of Langford Housing Agreement (2829 Knotty Pine Road) Bylaw No. 2263, 2026.

BACKGROUND

At the Regular Meeting held March 17, 2025, Council adopted Bylaw No. 2204, which rezoned the properties at 2829 Knotty Pine Road (formally addressed as: 2830 Jacklin and 2825, 2827, 2829 and 2831 Knotty Pine Road) to allow for the development of a six-storey apartment building. The following was applied as a condition of rezoning:

That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires a minimum 5% of units constructed be directed to and sold in accordance with the terms of the Attainable Home Ownership Program Policy (POL-0166-PLAN) OR a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years, and that the developer identify the Attainable Units on the plans submitted for the required Development Permit application.

COMMENTARY

The owners of 2829 Knotty Pine Road are preparing to apply for their Building Permit and wish to register the Housing Agreement on title. The Housing Agreement must be registered and authorized by the Housing Agreement Bylaw before the building permit can be issued.

As drafted, the Housing Agreement attached to Bylaw No. 2263 includes a requirement that 14 of the units developed at 2829 Knotty Pine Road shall be rented and used in accordance with the proposed terms of the Agreement, as required by Council through the rezoning approval.

The terms of the Housing Agreement ensure that these 14 units shall be rented at 10 percent below market rent for a period of no less than 25 years. Below market rent will be determined by using a third-party source, the Canadian Mortgage and Housing Corporation’s (CMHC’s) Housing Market Information Portal. Using CMHC’s data, the owner shall rent the units in accordance with the corresponding bedroom type in the City of Langford for the year the tenancy is entered into, or if the data has not been established for the year, the owner shall use the most recent year that CMHC has posted.

To ensure that the affordable units are being rented to the households that need them, tenants must have a gross household income equal to or less than the most recent Affordable Housing Program Housing Income Limits for the “Victoria Planning Area” published by BC Housing (subject to change), which are summarized in the table below:

Affordable Housing Program Housing Income Limits

Additionally, prospective tenants must already reside in Langford, must not own any land, and may not be an immediate family member of the owner as defined in the terms of the attached Agreement. The 2021 Census completed by Statistics Canada states that 20.7% of renters in Langford are living in core housing need which is defined as households spending more than 30% or more of its before-tax income on rent and utilities. Due to this large percentage of renters in core housing need, staff recommend limiting the requirement for this program to current residents of Langford.

To confirm that the owner and tenant meet the requirements in the Agreement, the City is permitted to inspect the units and confirm that the terms are being met by requesting the owner provide written proof of compliance.

The Housing Agreement will expire following the 25th anniversary of the date the City of Langford issues an occupancy permit for the below-market units. Upon expiry, the owner may provide to the City a discharge, which the City will execute and return to the owner to file with the Land Title Office.

FINANCIAL IMPLICATIONS

There are no known financial implications at this time.

LEGAL IMPLICATIONS

Pursuant to Section 483 of the Local Government Act, a Housing Agreement specifying that certain terms and conditions apply to the occupancy of housing units must be authorized by a Housing Agreement Bylaw.

Should Council wish to move forward with this proposal as described, they may wish to give the first three readings to Bylaw No. 2263 as drafted.

STRATEGIC PLAN ALIGNMENT

1m – Pursue Programs and Partnerships for Affordable Housing.

OPTIONS

Option 1
THAT Council give “City of Langford Housing Agreement (2829 Knotty Pine Road) Bylaw No. 2263, 2026”, 1st, 2nd and 3rd readings.

OR Option 2
THAT Council take no action at this time with respect to “City of Langford Housing Agreement (2829 Knotty Pine Road) Bylaw No. 2263, 2026”.

SUBMISSION & CONCURRENCE

SUBMITTED BY: Matt Notley, Planner II, Community Planning and Development

Concurrence: Melisa Miles, Manager of Legislative Services
Concurrence: Donna Petrie, Senior Manager of Communications & Economic Development
Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence: Leah Stohmann, RPP, MCIP, Director of Community Planning and Development
Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Marie Watmough, Director of Legislative & Protective Services
Concurrence: Braden Hutchins, Deputy Chief Administrative Officer
Concurrence: Darren Kiedyk, Chief Administrative Officer

Attachment: Bylaw No. 2263

BYLAW NO. 2263

CITY OF LANGFORD

BYLAW NO. 2263

A BYLAW TO AUTHORIZE A HOUSING AGREEMENT

WHEREAS 1335880 B.C. Ltd. is the owner of the land legally described as: Lot A, Section 5, Esquimalt District, Plan EPP141028, PID: 032-477-937 (the “Property”);

WHEREAS the City has authorized Housing Agreement Bylaw No. 2263 under s. 483 of the Local Government Act with respect to the Property; and

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as a bylaw under s.483 of the Local Government Act as follows:

1. Council hereby authorizes the City to enter into a housing agreement, attached as Appendix “A”, with respect to the Property to be registered as a covenant against the Property.

2. The Mayor and Corporate Officer of the City are authorized to execute the Form C – Housing Agreement;

3. The Corporate Officer is authorized to sign and file in the Land Title Officer a notice of the housing agreement, as required by the Local Government Act.

4. The appendix attached to this Bylaw is incorporated into and forms a part of this Bylaw.

5. The Bylaw may be cited as “City of Langford Housing Agreement (2829 Knotty Pine Road) Bylaw No. 2263, 2026”.

READ A FIRST TIME this day of, 2026.
READ A SECOND TIME this day of, 2026.
READ A THIRD TIME this of, 2026.
ADOPTED this day of, 2026.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER

Land Title Act — Form C (excerpt)

1. Application
   CASEY SMITH
   Singleton Urquhart Reynolds Vogel LLP
   1200 - 925 West Georgia Street
   Vancouver BC V6C 3L2
   604-682-7474
   Dina D'Agnolo, Paralegal
   SR No.: 64462.001
   Housing Agreement & Covenant
   [2829 Knotty Pine]

2. Description of Land

   PID/Plan Number	Legal Description
   032-477-937	LOT A SECTION 5 ESQUIMALT DISTRICT PLAN EPP141028

3. Nature of Interest

   Type	Number	Additional Information
   COVENANT
   PRIORITY AGREEMENT		Granting the above Covenant priority over Mortgage CA9811071 and Assignment of Rents CA9811072

4. Terms
   Part 2 of this instrument consists of:
   (b) Express Charge Terms Annexed as Part 2

5. Transferor(s)
   1335880 B.C. LTD., NO.BC1335880
   COASTAL COMMUNITY CREDIT UNION, AS TO PRIORITY, NO.FI 114

6. Transferee(s)
   CITY OF LANGFORD
   2ND FLOOR, 877 GOLDSTREAM AVENUE
   LANGFORD BC V9B 2X8

7. Additional or Modified Terms