Staff Report to Council - Bylaw No. 1717 (Amend Text of CD6 Zone to allow townhouse at 2500 Echo Valley Drive)

Background / Council Resolution

At the Regular Meeting of Council on September 5, 2017, Council passed the following resolution with respect to the property at 2500 Echo Valley Drive:

That Council direct staff to prepare a bylaw to amend the text of “Area 2” of the CD6 (Comprehensive Development – Bear Mountain) Zone to permit the development of townhouses at a maximum density of 50 dwelling units per hectare (20 dwelling units per acre) on the property at 2500 Echo Valley Drive, subject to the following terms and conditions:

a) That the applicant provides, prior to Public Hearing:

i. A detailed site plan illustrating the proposed development and two routes for access to and egress from the site;

ii. A stormwater management plan to the satisfaction of the Director of Engineering and the Approval Officer;

iii. Confirmation of adequate water, fire flow and sanitary sewer capacities to serve the proposed development;

b) That the applicant provides, prior to Bylaw Adoption, a Section 219 Covenant, registered in priority of all other charges on title, that agrees:

i. That all frontage improvements, to the satisfaction of the Director of Engineering, be constructed prior to subdivision approval or Building Permit issuance, whichever occurs first;

ii. That any on- or off-site improvements required by the stormwater management plan be implemented, to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first; and

iii. That a water supply, meeting the Fire Underwriter’s Survey (FUS) requirements be established prior to any construction on the site;

iv. That access to the site, including two routes for access to and egress (if required and unless varied) from the site be provided to the satisfaction of the Director of Engineering and the Fire Chief prior to subdivision or Building Permit issuance, whichever occurs first; and

v. That provisions be provided to run with and be a charge upon the lands to notify future landowners that the lands are located in proximity to a developing area that may create general noise and other nuisances, and that the owner assumes all risk and annoyance of nuisances caused by continuing development from time to time.

COMMENTS

Following construction of the development along Grand Forest Close, the adjacent parcel at 2510 Echo Valley Drive will be landlocked and will not have any means of access other than through the subject site. To ensure that this access is provided, Council may wish to add the following to their Resolution of September 5th, to be secured as a condition of rezoning through the Section 219 Covenant to be registered prior to Bylaw Adoption:

vi. That public road access and servicing to Bylaw No. 1000 standards, or some other legal mechanism accomplishing the same purposes for access and servicing, be extended through the subject property to the boundary of the property legally described as Lot A, Section 1, Range 4 West, Highland District, Plan EPP40953 (See Plan as to Limited Access), to the satisfaction of the Director of Engineering and the Approving Officer, prior to the issuance of a Building Permit or Subdivision Approval, whoever occurs first.

Staff have prepared Bylaw No. 1717 in accordance with Council’s resolution of September 5, 2017. As Council has not set any conditions that must precede First Reading of this Bylaw, Council may now wish to give Bylaw No. 1717 First Reading.

A Public Hearing, in accordance with requirements of the Local Government Act, will be required if Council wishes to proceed further with Bylaw No. 1200.

OPTIONS

That Council:

1. Give First Reading to Bylaw No. 1717; and

2. Add to the Council Resolution of September 5, 2017 by adding the following requirement to the Section 219 Covenant to be registered prior to Bylaw Adoption:

vi. That public road access and servicing to Bylaw No. 1000 standards, or some other legal mechanism accomplishing the same purposes for access and servicing, be extended through the subject property to the boundary of the property legally described as Lot A, Section 1, Range 4 West, Highland District, Plan EPP40953 (See Plan as to Limited Access), to the satisfaction of the Director of Engineering and the Approving Officer, prior to the issuance of a Building Permit or Subdivision Approval, whoever occurs first.

OR

3. Take no action at this time with respect to Bylaw No. 1717.

Respectfully Submitted,
Submitted by:
Sarah Herring, MCIP, RPP
Planner II

Concurrence:
Matthew Baldwin, MCIP, RPP
Director of Planning

Concurrence:
Braden Hutchins, Director of Corporate Services

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