Staff Report: Bylaw No. 1774 — Application to Rezone 852-860 Orono Avenue (R1 & MU1 to MU1A)

Staff Report to Council

Date:

September 4, 2018

Department:

Planning

Application No.:

Z18-0008

Subject:

Bylaw No. 1774- Application to Rezone 852-860 Orono Avenue from R1 and MU1 to MU1A to Allow a 120 unit multi-residential building.

Excerpt from Committee’s recommended resolution of May 14th:

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Give first reading to Bylaw 1774, as presented, to amend the text within the MU1A zone to allow the FAR to be increased to 2.25 if the developer provides 50% of the parking spaces required within an underground or enclosed parking structure, which can be further increased by increments of 0.25 for every additional 5% so provided, to a maximum FAR of 4.

2. Give First Reading of Bylaw 1774, as presented to amend the zoning designation of the property located at 852, 856, 858 Orono Avenue from the R1, One Family Residential, Zone to MU1A Mixed Residential Commercial, Zone and 860 Orono Avenue from the MU1, Mixed Use Residential Commercial, Zone to the MU1A Zone subject to the following terms and conditions:

   a) That the owner agrees to provide, as a bonus for increased density, the following contributions per dwelling, prior to building permit issuance:

   • $750 per unit towards the Affordable Housing Contribution Reserve Fund;
   • $2850 per unit towards the General Amenity Contribution Reserve Fund;

   b) That the per unit amount of General Amenity Contributions, listed in items 3.a) ii may be reduced by 69%, if the developer agrees to register a covenant on title that restricts use of the residential building as rental accommodations for a period of 10 years from the date of occupancy the charge. The 69% reduction is only applicable if a building permit for the construction of the aforementioned apartment building on the subject property is issued prior to December 2018.

   c) That the applicant provides, prior to Public Hearing, the following:

   i. A technical stormwater management memo that addresses on site drainage containment in light of the underground parking being proposed; COMPLETED

   ii. A redesign of the proposed building as shown in the report attached as Appendix A, to include a prominent entry feature and additional materials on the enclosed parkade; COMPLETED

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

   i. That the developer install, or bond for, full frontage improvements, including but not limited to, light standards, boulevard plantings, on street parking, and a sidewalk, to the standards of the Subdivision and Development Servicing Bylaw No.1000, and to the satisfaction of the Director of Engineering prior to subdivision approval or building permit issuance, whichever is first;

   ii. That the developer will complete road improvements required to facilitate access into the property, which may include but is not limited to an extended left turn lane on Orono Avenue, to the standards of Bylaw No. 1000 and to the Director of Engineering;

   iii. That the per unit General Amenity Fund contributions listed in Bylaw No. 1774 may be reduced by 69% if the developer registers a covenant on title which restricts the use of the property for residential rental accommodation for a period of 10 years from the date of occupancy. The 69% per unit reduction to the General Amenity Fund Contributions listed in Bylaw No.1774 will only be applicable if a building permit to construct the building on the subject property is issued prior to December 2018;

   iv. That any necessary underground or above ground servicing upgrades, extensions, or other requirements necessary to service the building is the responsibility of the developer, and will be completed at the developer’s expense;

   v. That the developer acknowledges that an amendment to the parking requirements in the Zoning Bylaw may result in the need for additional parking and a redesign of the proposed development;

   vi. That prior to building permit issuance, the developer provides a formal stormwater management plan to the satisfaction of the Director of Engineering and that the developer is responsible for implementing the recommendations within the plan and is responsible for all costs relating to infrastructure upgrades, including offsite works, required to contain the properties drainage to the site;

   vii. That the applicant agrees to submit a construction parking management plan, subject to the approval of the Director of Engineering, prior to clearing or commencing any work on the subject site;

   viii. That the applicant agrees to substantially design the proposed building as per the plans submitted, and attached to this report as Appendices A;

   ix. That notification be provided that acknowledges the proximity of the development to industrial operations that may generate noise nuisances.