Staff Report (Planning) – Bylaw No. 1869: Application to Rezone 2865 Carlow Road (Z19-0021)

Council Resolution (Regular Meeting of Council on October 22, 2019)

At the Regular Meeting of Council on October 22, 2019, Council passed the following resolution with respect to the property at 2865 Carlow Road:

1. Direct Staff to prepare a bylaw to amend the text within the RT1 (Residential Townhouse) Zone to allow for an FAR of 1.2 if the owner of the property proposed to be developed:

   i. pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a building permit.

2. Direct Staff to prepare a bylaw to rezone the property at 2865 Carlow Road from the R2 (One and Two Family Residential) Zone to the RT1 (Residential Townhouse) Zone subject to the following terms and conditions:

   i. That the applicant provides, as a bonus for increased density, the following contributions, per unit, prior to the issuance of a building permit to develop the property:

   i. $3,800 per unit towards the General Amenity Reserve Fund;
   ii. $1,000 per unit towards the Affordable Housing Fund;

   ii. That prior to First Reading the applicant provides a cost estimate associated with the installation of a sidewalk beyond the Carlow Road frontage of the subject property, to the satisfaction of the Director of Engineering; COMPLETED

   iii. That the applicant provides, prior to Public Hearing, the following:

   i. A technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering;

   ii. A frontage drawing to the satisfaction of the Director of Engineering to confirm if road dedication is required to complete all required frontage improvements including boulevard landscaping, sidewalks and street lighting (if applicable);

   iv. That prior to Bylaw Adoption, the applicant dedicates, if necessary, road frontage necessary to accommodate required frontage improvements;

   v. 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 agrees to install an extension of the sidewalk, to Bylaw No. 1000 standards, beyond the Carlow Road frontage of the subject property to the north boundary of the property at 2861 Carlow to the satisfaction of the Director of Engineering, prior to issuance of a building permit;

   ii. That the developer agrees to install, or bond for, all required frontage improvements to Bylaw No. 1000 standards, including the installation of road edge parking, sidewalks, bike lanes, streetlights, and boulevard landscaping to the satisfaction of the Director of Engineering, prior to issuance of a building permit;

   iii. That the developer will connect and be responsible for any upgrades required to the services and utilities required for the development;

   iv. That all storm water management plan(s) be provided prior to issuance of a building permit and implemented, as per Bylaw 1000, all to the satisfaction of the Director of Engineering;

   v. That a construction parking management plan be provide prior to the issuance of a building permit, to the satisfaction of the Director of Engineering;

   vi. That the required parking stalls for this development are allocated for the use by individuals in each unit and visitors, as required by Bylaw No. 300; and that parking is not separated from individual units nor provided for in exchange for compensation separate than that of the residential unit;

   vii. That the developer submits the Fire Underwriters Survey (FUS) calculations prior to the issuance of a development permit to develop the property, and acknowledges that these calculations may determine different setbacks than what is prescribed in the zone or from what has been granted through variances;

3. That Council authorize the Director of Planning to include a variance to reduce the required building setback from a front lot line from 3 m to 2.5 m within a form and character Development Permit, subject to the following condition:

   i. That the applicant registers a Section 219 Covenant on the property acknowledging that they will not require an encroachment agreement onto City property as a result of receiving a variance to the required building setback from the front property line;

COMMENTS

The applicant has satisfied Council’s condition and has provided a cost estimate for the installation of a sidewalk extending along the frontage of 2861 Carlow Road, an additional 25 m of sidewalk, prior to the first reading of Bylaw No. 1869. As this cost estimate was $30,530.00, Bylaw No.1869 will be amended from what was passed with Council’s resolution to the following:

ii. That the applicant provides, as a bonus for increased density, the following contributions, per unit, prior to the issuance of a building permit to develop the property:

i. $3,800 per unit towards the General Amenity Reserve Fund; albeit reducing the total contribution amount by $30,530.00, the estimated cost associated with the installation of a sidewalk 25 m past the subject property’s Carlow Road frontage.

ii. $1,000 per unit towards the Affordable Housing Fund;

If Council wishes to include additional conditions to Bylaw No. 1869, they may wish to do so or proceed with the first reading of Bylaw No. 1869.

OPTIONS

That Council:

1. Give first reading to Bylaw No. 1869;

2. Take no action at this time with respect to Bylaw No. 1869.

Respectfully Submitted

Submitted by:
Lauren Morhart, MCIP, RPP

Concurrence:
Matthew Baldwin, MCIP, RPP
Director of Planning

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Cory Manton, Manager of Parks and Recreation

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

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