Council Staff Report - Application to Rezone 2120 Millstream Road (Council reports)

COMMENTS

At the September 14th Committee meeting, the lack of dedicated park space for playgrounds and tot lots in the area emerged in discussions between the Committee and community members who participated. It was acknowledged that the closest playground area to the subject property is Goldie Park (649 Goldie Avenue), a 4-minute drive and 30-minute walk and Rockhampton playground (1268 Rockhampton Close), a 6-minute drive and 36-minute walk.

Due to this, staff has undertaken additional discussions with the applicant to explore the possibility of incorporating parkland within the development. Pursuant to Section 510 of the Local Government Act, a municipality may require the developer to provide dedicated park space of up to 5% of the lands, or the equivalent as cash-in-lieu, as a condition of subdivision approval where more than 3 lots under 2 ha in area are created.

If Council wishes for the applicant to incorporate dedicated park space into the proposed development, they may wish to add additional conditions to their resolution, such that a revised plan incorporating park space to the satisfaction of the Parks Manager is provided prior to Public Hearing, and that the park space is dedicated to the City at the time of subdivision. This has been incorporated into Option 1 below; whereas the Committee’s original recommendation is laid out in Option 2 for Council’s consideration.

OPTIONS

Option 1:

That Council:

1. Proceed with consideration of First Reading of Bylaw No. 1761, to amend the text within RS1 (Residential Small Lot 1) Zone to add Townhouses, not to exceed 47 units, as an allowable use on the subject property;

2. Proceed with consideration of First Reading of Bylaw No. 1761, a Bylaw to amend the zoning designation of the property located at 2120 Millstream Road from the RR4 (Rural Residential 4) Zone to the RS1 (Residential Small Lot 1) 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 unit, prior to issuance of a building permit:

i. $3,960 per small lot one family dwelling towards the General Amenity Reserve Fund;
ii. $660 per small lot one family dwelling towards the Affordable Housing Reserve Fund;
iii. $3660 per townhouse unit towards the General Amenity Reserve Fund; and
iv. $610 per townhouse unit towards the Affordable Housing Reserve Fund;

b) That the developer provides, prior to Public Hearing the following:

i. A technical Stormwater Management Memo to the satisfaction of the Director of Engineering;
ii. A frontage drawing for each road frontage (Millstream Road, Kingbird Drive and Longspur Drive), to the satisfaction of the Director of Engineering;
iii. A site plan that identifies the portion of the subject property that will be dedicated as park space to the City, to the satisfaction of the Parks Manager and Director of Planning. Dedicated park space shall be flat and on a contiguous area of land equivalent to 5% of the total area of the subject property;

c) That the applicant registers, prior to Bylaw Adoption, road dedication for the amount of frontage necessary along Millstream Road to accommodate required improvements, to the approval of the Director of Engineering and the standards of Bylaw No.1000;

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 agrees to submit and implement, prior to subdivision approval, a formal storm water management plan, approved by the Director of Engineering, and to complete any required improvements and/or upgrades to on site and off-site infrastructure necessary to facilitate proper drainage on the subject property at the developer’s expense;

ii. That the developer agrees to install, prior to subdivision approval or building permit issuance, which ever is first, full frontage improvements including, but not limited to: the installation of a sidewalks, boulevard landscaping, and light standards in accordance with Bylaw No.1000 and to the satisfaction of the Director of Engineering;

iii. That the developer agrees that if at time of subdivision of the subject property a connection to Longspur Drive and Kingbird Road has not been constructed to Bylaw No.1000 standards and to the approval of the Director or Engineering, a temporary turnaround must be constructed where these roads meet the property at 2148 Millstream, prior to any subdivision approval on the property;

iv. The developer agrees to register a Section 219 covenant, prior to subdivision approval, on each individual property, that acknowledges proximity to Western Speedway and the potential nuisance this establishment may cause to future home owners;

v. That the developer agrees to dedicate to the City internal roads, Longspur Drive and Kingbird Road, and to develop these to Bylaw No.1000 standards, and to the approval of the Director of Engineering, prior to subdivision approval;

vi. The developer will be required to submit fire underwriters survey (FUS) calculations prior to the issuance of a Development Permit to develop the property;

vii. That any necessary above or underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled to the standards of Bylaw No. 1000 and the Director of Engineering, and that costs incurred will be the responsibility of the developer;

viii. That the applicant will submit a construction parking management plan, to the satisfaction of the Director of Engineering prior to building permit issuance;

ix. That the developer submits a fire safety plan prior to the issuance of development permit for the construction on the site; and

x. That the developer covenants the non-disturbance areas along the westerly and easterly property boundaries as shown on the conceptual site plan as a condition of subdivision.

xi. That the applicant dedicates approximately 5% of the subject property as park at the time of subdivision, as approved by the Manager of Parks and the Director of Planning prior to Public Hearing;

Or Option 2

That Council

3. Proceed with consideration of First Reading of Bylaw No. 1761, to amend the text within RS1 (Residential Small Lot 1) Zone to add Townhouses, not to exceed 47 units, as an allowable use on the subject property;

4. Proceed with consideration of First Reading of Bylaw No. 1761, a Bylaw to amend the zoning designation of the property located at 2120 Millstream Road from the RR4 (Rural Residential 4) Zone to the RS1 (Residential Small Lot 1) 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 unit, prior to issuance of a building permit:

i. $3,960 per small lot one family dwelling towards the General Amenity Reserve Fund;
ii. $660 per small lot one family dwelling towards the Affordable Housing Reserve Fund;
iii. $3660 per townhouse unit towards the General Amenity Reserve Fund; and
iv. $610 per townhouse unit towards the Affordable Housing Reserve Fund;

b) That the developer provides, prior to Public Hearing the following:

i. A technical Stormwater Management Memo to the satisfaction of the Director of Engineering;
ii. A frontage drawing for each road frontage (Millstream Road, Kingbird Drive and Longspur Drive), to the satisfaction of the Director of Engineering;

c) That the applicant registers, prior to Bylaw Adoption, road dedication for the amount of frontage necessary along Millstream Road to accommodate required improvements, to the approval of the Director of Engineering and the standards of Bylaw No.1000;

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 agrees to submit and implement, prior to subdivision approval, a formal storm water management plan, approved by the Director of Engineering, and to complete any required improvements and/or upgrades to on site and off-site infrastructure necessary to facilitate proper drainage on the subject property at the developer’s expense;

ii. That the developer agrees to install, prior to subdivision approval or building permit issuance, which ever is first, full frontage improvements including, but not limited to: the installation of a sidewalks, boulevard landscaping, and light standards in accordance with Bylaw No.1000 and to the satisfaction of the Director of Engineering;

iii. That the developer agrees that if at time of subdivision of the subject property a connection to Longspur Drive and Kingbird Road has not been constructed to Bylaw No.1000 standards and to the approval of the Director or Engineering, a temporary turnaround must be constructed where these roads meet the property at 2148 Millstream, prior to any subdivision approval on the property;

iv. The developer agrees to register a Section 219 covenant, prior to subdivision approval, on each individual property, that acknowledges proximity to Western Speedway and the potential nuisance this establishment may cause to future home owners;

v. That the developer agrees to dedicate to the City internal roads, Longspur Drive and Kingbird Road, and to develop these to Bylaw No.1000 standards, and to the approval of the Director of Engineering, prior to subdivision approval;

vi. The developer will be required to submit fire underwriters survey (FUS) calculations prior to the issuance of a Development Permit to develop the property;

vii. That any necessary above or underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled to the standards of Bylaw No. 1000 and the Director of Engineering, and that costs incurred will be the responsibility of the developer;

viii. That the applicant will submit a construction parking management plan, to the satisfaction of the Director of Engineering prior to building permit issuance;

ix. That the developer submits a fire safety plan prior to the issuance of development permit for the construction on the site; and

x. That the developer covenants the non-disturbance areas along the westerly and easterly property boundaries as shown on the conceptual site plan as a condition of subdivision.

Or Option 3:

5. Take no action at this time with respect to Bylaw No. 1761.

Respectfully Submitted,

Submitted by:
Lauren Mattiussi, MCIP, RPP, Planner 2

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning - Approved
Marie Watmough, Manager of Legislative Services - Approved
Chris Aubrey, Fire Chief - Approved
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement - Approved
Cory Manton, Manager of Parks and Recreation - Approved
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering - Approved
Leah Stohmann, MCIP, RPP, Deputy Director of Planning - Approved
Michael Dillabaugh, CPA, CA, Director of Finance - Approved
Braden Hutchins, Director of Corporate Services - Approved
Darren Kiedyk, Chief Administrative Officer - Approved

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