A pitch to allow purchasers of manufactured homes to own the land the home sits on has been rejected by North Cowichan council.
The development located at the far end of Henry Road, adjacent to the Trans-Canada Highway, is currently under corporate ownership with a single title. The developer hoped to convince council to allow individually titled lots through a bare land strata subdivision.
In a comprehensive report presented to council, North Cowichan’s planning department recommended denying the application. Planners cited issues related to amending the Official Community Plan, setting a precedent that could cause problems with other potential developments and a significant financial cost if a zoning amendment was approved.
“Amending the OCP to reflect a more aggressive pro-growth approach to rural lands could risk raising the expectations of property owners regarding land developability and the ability of North Cowichan to provide services,” the report stated.
“In addition, such a decision may signal to owners of land within identified growth centres that their projects no longer possess their current levels of priority or value.”
Planning staff said it would be unwise to make such a significant change based on a developer’s marketing challenges.
“Discretionary approvals rooted more in responding to individual applicants’ financial or personal circumstances would enable inappropriate development.”
Several area residents appeared before council and expressed their displeasure with the development and the request for a zoning amendment. Others wrote letters condemning the request.
Speaking in favour of the rezoning, Realtor Sean McLintock told council under the current structure there has been only one sale at the development.
“We have demand,” he said, adding the inability of a buyer to get a mortgage without owning the land was a problem. “It forces well qualified buyers out of the market.
“We’ve had a dozen offers written, but the mortgage applications were denied. By moving to bare land strata that changes everything and doesn’t alter the density the layout of servicing of the development.”
Coun. Bruce Findlay was sympathetic to the developer’s request.
“I am super frustrated with this one,” Findlay said of the development that has been controversial since its inception due to concerns about traffic flow on Henry Road, access, and servicing.
“It has been approved for years, and now the mortgage rules have changed. For our community that’s looking for affordable housing, (approving the applications) is the best thing we can do for our 32,000 residents,” Findlay said.
The planning department said meeting the definition of affordable housing is challenging.
“The definition of “affordable” requires that the unit be priced lower than the market value, which does not appear to be the case for Morgan Maples, where the units currently for sale range from $349,000 – $379,000 plus a $650 monthly pad rental fee,” staff said.
“Under a bare land strata structure, a buyer is purchasing both the home and the land. The developer’s letter of rationale provided with their application used an estimated purchase price of $525,000 under the bare land strata scenario to illustrate a financing comparison. They have also indicated an estimated $200 monthly strata fee.”
Coun. Chris Istace shared the sentiments of other councillors who conceded they were looking for ways to help the developer move forward with the Morgan Maples project.
“I really wanted to find a solution,” Istace told council. “Now when I see all the implications, it’s given me a lot to think about.”
Coun. Christopher Justice said “all of us want to do what is right for the developer and the community. This would be terrible for the community.”
Coun. Mike Caljouw said he also had a hard time with this question.
I have been a supporter from the very beginning,” Caljouw said. “Now the proposal has changed, and I can’t see my way forward. This whole process is upsetting and frustrating.”
The request to change the zoning to allow bare land strata was denied with Mayor Rob Douglas, Coun. Istace, Coun. Justice and Coun. Caljouw opposed.
Councillors Becky Hogg, Findlay and Tek Manhas supported the developer’s request.
