7. Rezoning Reference #06-47
Mixed-Use Retail, Office and Apartment Towers
Brentwood Town Centre
The City Manager submitted a report from the Director Planning and Building seeking Council authorization to forward this application to a Public Hearing on 2011 September 20. The purpose of the proposed rezoning bylaw amendment is to permit development of a major mixed-use residential/commercial project.
The City Manager recommended:
1. THAT the introduction of a Highway Closure Bylaw be authorized according to the terms outlined in Section 4.4 of this report, contingent upon the granting by Council of Second Reading of the subject Rezoning Bylaw.
2. THAT the sale be approved in principle of City-owned property for inclusion within the subject development site in accordance with the terms outlined in Section 4.4 of this report and subject to the applicant pursuing the rezoning proposal to completion.
3. THAT a Rezoning Bylaw be prepared and advanced to First Reading on 2011 August 29, and to a Public Hearing on 2011 September 20 at 7:00 p.m.
4. THAT the predecessor Rezoning Bylaw, Amendment Bylaw No. 40/08, Bylaw No. 12491, be abandoned contingent upon the granting by Council of Second Reading of the subject Rezoning Bylaw.
5. THAT the following be established as prerequisites to the completion of the rezoning:
a) The submission of a suitable plan of development.
b) The deposit of sufficient monies, including a 4% Engineering Inspection Fee, to cover the costs of all services necessary to serve the site and the completion of a servicing agreement covering all requisite services. All services are to be designed to City standards and constructed in accordance with the Engineering Design. One of the conditions for the release of occupancy permits will be the completion of all requisite services.
c) The installation of all electrical, telephone and cable servicing, and all other wiring underground throughout the development, and to the point of connection to the existing service where sufficient facilities are available to serve the development.
d) The removal of all existing improvements from the site prior to Final Adoption of the Bylaw, but not prior to Third Reading of the Bylaw.
Demolition of any improvements will be permitted after Second Reading of the Rezoning Bylaw has been granted provided that the applicant acknowledges that such permission does not fetter Council’s ability to grant or not to grant Third Reading and/or Final Adoption of the Rezoning Bylaw. In addition, the demolition of any improvements will be permitted at any time if they are vacant and considered by staff to be subject to misuse and vandalism.
e) The utilization of an amenity bonus through the provision of a 4,570 sq. ft. community “flex” space owned by the City and established through the creation of an airspace parcel and protected by a 219 Covenant in accordance with Section 4.3 of this report.
f) The utilization of an amenity density bonus through the deposit of funds equal to the estimated remainder value of the density bonus in accordance with Section 4.3 of this report.
g) The consolidation of the net project site into one legal parcel.
h) The granting of any necessary covenants, including, but not necessarily limited to, Section 219 Covenants:
- restricting the enclosure of balconies,
- restricting development to those phases which have contributed related amenity bonus funds,
- indicating that project surface driveway accesses will not be restricted by gates,
- allocating development densities on the overall site,
- guaranteeing provision and maintenance of public art,
- ensuring commercial entrances on Lougheed Highway remain open and operable,
- restricting commercial/retail uses fronting Lougheed Highway from having obscured fenestration,
- to assure the provision and continuing maintenance of end-of-trip facilities for cyclists and bicycle storage rooms, and
- providing that all disabled parking to remain as common property.
i) The granting of a Section 219 Covenant for the provision of three surface car co-op spaces per residential tower, with cars and memberships for the residential units to be held as common property in accordance with Section 4.2 of this report.
j) The granting of any necessary easements.
k) The provision of statutory rights-of-way guaranteeing public access to a north-south pedestrian walkway linking Lougheed Highway to the internal public plaza area through the commercial buildings and guaranteeing public access to the proposed plaza, public open space and pedestrian walkway/linkage areas.
l) The provision of a statutory right-of-way guaranteeing public access to an east-west vehicular and pedestrian route (private road) connecting Rosser Avenue to Willingdon Avenue.
m) The provision of a statutory right-of-way securing area for a future landing of a possible grade-separated pedestrian crossing of Willingdon Avenue south of Lougheed Highway.
n) Compliance with the guidelines for surface and underground parking for residential visitors and commercial patrons.
o) Submission of the applicant’s schedule for the construction / development phasing of the subject proposal.
p) The dedication of any rights-of-way deemed requisite.
q) The completion of the sale of City property.
r) The provision of covered car wash stalls and adequately sized and appropriately located garbage handling and recycling material holding space to the approval of the Director Engineering within the residential portions of the development and a commitment to implement the recycling provisions.
s) The approval of the Ministry of Transportation to the rezoning application.
t) The design and provision of units adaptable to persons with disabilities (the provision of special hardware and cabinet work being subject to the sale/lease of the unit to a disabled person) with allocated disabled parking spaces.
u) The submission of a suitable on-site stormwater management system to the approval of the Director Engineering, the deposit of sufficient monies for its provision, and the granting of a Section 219 Covenant to guarantee its provision and continuing operation.
v) The deposit of the applicable GVS & DD Sewerage Charge.
w) The deposit of the applicable Parkland Acquisition Charge.
x) The deposit of the applicable School Site Acquisition Charge.
y) Completion of the Highway Closure Bylaw.
z) The provision of facilities for cyclists in accordance with this report.
aa) The undergrounding of existing overhead wiring adjacent to the site.
bb) Compliance with the Council-adopted sound criteria.
cc) The review of a detailed Sediment Control System by the Director Engineering.
dd) The submission of a Site Profile and resolution of any arising requirements.
ee) The submission of a written undertaking to distribute area plan notification forms, prepared by the City, with disclosure statements; and, to post area plan notification signs, also prepared by the City, on the development site and in the sales office in prominent and visible locations prior to Third Reading, or at the time marketing for the subject development commences, whichever is first, and remain posted for a period of one year, or until such time that all units are sold, whichever is greater.