BYLAW NO. 1869 - Langford Zoning Bylaw, Amendment No. 575 (2865 Carlow Rd), Bylaw No. 1869, 2020

BYLAW NO. 1869 - Langford Zoning Bylaw, Amendment No. 575 (2865 Carlow Rd), Bylaw No. 1869, 2020

Staff Report to Council

Date: June 1, 2020
Department: Planning
Application No.: Z19-0021

Subject: Bylaw No. 1869 application to rezone 2865 Carlow Road from the R2 (One and Two Family Residential) to the RT1 (Residential Townhouse) Zone to allow for the construction of 9 townhouses

At their Regular Meeting of 15 October 2019, Council gave First Reading to Bylaw No. 1869 and 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 increase the allowable FAR to a maximum of 1.2 if the owner of the property proposed to be developed:

   a. 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:

   a. 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, 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;

   b. 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

   c. 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; COMPLETED

   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); COMPLETED

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

   e. 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, deducting from the general amenity funds;

   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 submit 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; COMPLETED

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 Pemit, 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 all requirements conditional to the subsequent readings of the Bylaw as per Council’s resolution. The applicant has provided a letter of undertaking to register a Section 219 Covenant against the title of the subject property that agrees to items i-vii in Condition 2. e. of in Council’s resolution of October 15th, 2019.

Bylaw No.1869 was signed by the Minister of Transportation on January 8th, 2020.

OPTIONS

That Council:

1. Adopt Bylaw No. 1869;

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

Respectfully Submitted

Submitted by:
Lauren Mattiussi, MCIP, RPP Planner 2 – Email Approved

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning – Email Approved
Adriana Proton, Manager of Legislative Services – Email Approved
Chris Aubrey, Fire Chief – Email Approved
Cory Manton, Manager of Parks and Recreation – Email Approved
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering – Email Approved
Leah Stohmann, MCIP, RPP, Deputy Director of Planning – Email Approved
Michael Dillabaugh, CPA, CA, Director of Finance – Email Approved
Braden Hutchins, Director of Corporate Services – Email Approved
Darren Kiedyk, Chief Administrative Officer – Email Approved

:lhm