Staff Report / Options (Bylaw No. 1717 additional conditions) - February 19, 2018

Staff Report to Council

Date:

February 19, 2018

Department:

Planning

Application No.:

Z17-0024

Subject:

Bylaw No. 1717 - Application to Amend the Text of the CD6 (Comprehensive Development 6 – Bear Mountain) Zone to Allow for a Townhouse Development at 2500 Echo Valley Drive

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 6 – 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 Approving 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 of 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;

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 from (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;

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 cause general noise and other nuisances, and that the owner assumes all risk and annoyance of nuisances caused by continuing development from time to time; and

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, whichever occurs first.

Council gave First Reading to Bylaw No. 1717 at their meeting on September 18, 2017.

Comments

Following the September 18, 2017 meeting, significant discussion has taken place between City staff, the applicant and other Bear Mountain developers regarding equitable cost-sharing for the construction of regional services benefitting the subject lands. As a result of these discussions, Council may wish to rescind the September 18, 2017 First Reading of Bylaw No. 1717 and give First Reading to a revised Bylaw No. 1717.

The revised Bylaw includes a requirement for the applicant to contribute $3,667 per Single Family Equivalent (SFE) to the City’s General Amenity Reserve Fund. This contribution is intended to represent the amount that would be payable for the non-DCC portion of the Leigh Road Interchange project, if the subject lands were included in the Leigh Road Interchange Local Service Area Agreement (which they are not). Council may wish to pay down the Leigh Road Interchange LSA debt in an amount equivalent to the payment made by the development at 2500 Echo Valley Drive at the time of Building Permit issuance.

In addition, Council may wish to pass a revised resolution, requiring that the following be added to a Section 219 Covenant, registered in priority of all other charges on title, prior to Bylaw Adoption:

a) That the applicant shall remain a signatory to the Bear Mountain Parkway Extension Local Service Area agreement;

b) That the applicant shall enter into the Skirt Mountain Water Reservoir Agreement prior to the issuance of a Building Permit for any construction on the Land; and

c) That the applicant shall not construct on the Land any residential building that is not equipped with sprinklers complying with NFPA standards for such buildings and structures unless, at the time of applying for the Building Permit, the applicant has paid to the City for the acquisition of firefighting equipment and apparatus and the training of firefighting personnel $2,500 per single family dwelling authorized by the Permit, $1,525 per dwelling unit for townhouses and three-family dwellings authorized by the Permit, and $1,650 per dwelling unit for two-family dwellings and single family dwellings on lots with areas less than 550 square metres authorized by the Permit.

The subject lands were not originally included in these agreements or the Bear Mountain Master Development Agreement as redevelopment of the lands to a higher density was not anticipated under the previous ownership.

Options

That Council:

1. Rescind First Reading of Bylaw No. 1717 given on September 18, 2017 and give First Reading to Bylaw No. 1717 as amended; and

2. Amend the Resolution of September 18, 2017 by adding the following to clause b):

vii. That the applicant shall remain a signatory to the Bear Mountain Parkway Extension Local Service Area agreement;

viii. That the applicant shall enter into the Skirt Mountain Water Reservoir Agreement prior to the issuance of a Building Permit for any construction on the Land; and

ix. That the applicant shall not construct on the Land any residential building that is not equipped with sprinklers complying with NFPA standards for such buildings and structures unless, at the time of applying for the Building Permit, the applicant has paid to the City for the acquisition of firefighting equipment and apparatus and the training of firefighting personnel $2,500 per single family dwelling authorized by the Permit, $1,525 per dwelling unit for townhouses and three-family dwellings authorized by the Permit, and $1,650 per dwelling unit for two-family dwellings and single family dwellings on lots with areas less than 550 square metres authorized by the Permit.

OR

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

Respectfully Submitted

Submitted by:

• Sarah Herring, MCIP, RPP, Planner

Concurrence:

• Matthew Baldwin, MCIP, RPP, Director of Planning
• Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning
• Michael Dillabaugh, CPA, CA, Director of Finance
• Braden Hutchins, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer

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