From the report:
I am appealing Prior To Release Requirements #3, #4, #5, #7 and #9. Condition #3 is not applicable as there is no cross drainage between adjacent lots Condition#4 is not applicable as there is already an easement registered on title Condition #5 the calculation being used is not correct as it incorporates more then the Off-Site Levy Agreement rates for this serviced site Condition #7 is not correct as this is a civil matter between property owners and the City's authority is in the DP approval. Further the adjacent site is not land locked as there is public roadway on three sides of their property Condition #9 is not as agreed as we are keeping the existing sidewalk on 45th Street therefore the quote that needs to be provided by the City should exclude item 9(e). The above does not preclude other matters being raised at the time of the hearing
And the conditions in question, also from the report:
3. Execute and register on all affected titles a Private Overland Drainage Easement Agreement for the flow of stormwater on Plan 6186HD Lot 1 to Plan 9711073 Lot 3. Submit a copy of the executed Private Overland Drainage Easement and the certificate of title showing the registration of the agreement. Contact the Development Engineering Generalist for a copy of the agreement.
4. Clarify the Utility easement noted on the plans 971165890 comes with a survey plan as it appears that is not an easement registered. If an easement and plan have not been executed and registered on title, then execute and register on title Plan 9711073 Block Lot 3 (Servient Lands) a Utility Agreement with the City of Calgary over Plan 9711073 Block Lot (Servient Lands) in favour of 45 ST SW and 46 ST SW (Dominant Lands). The agreement and registerable easement right of way plan shall be to the satisfaction of the Manager, Infrastructure Planning and the City Solicitor.
5. After the Development Permit is approved but prior to its release, the landowner shall execute an Off-Site Levy Agreement for the payment of off-site levies pursuant to Bylaw 2M2016. SDAB2019-0047 4 DP2019-1491 June 18, 2019 Track your application on-line with VISTA. Go to:
www.calgary.ca/vista and enter your JOB ACCESS CODE (JAC) from the application form or call Planning Services Counter at (403) 268-5311. Page 3 As per the current application (Medical Clinic) and based on 2019 rates, the preliminary estimate for this application is $254,726.35. Should payment be made prior to release of the development permit, an Off-Site Levy Agreement will not be required.
7. Execute and register on title a Mutual Access Easement Agreement between 9711073;1;3 & 6185HD;1;1 for the purpose of parking access / vehicular access / pedestrian access / an access route for the waste & recycling collection vehicle(s). The agreement and registerable access right of way plan shall be to the satisfaction of the Director, Transportation Planning. A standard template for the agreement and an Instruction Document will be provided by the Transportation CPAG Generalist. Submit an original copy of the executed agreement and the certificate of title(s), indicating the agreement is registered on title, for all affected parcels.
9. Remit a performance security deposit (certified cheque, bank draft, letter of credit) for the proposed infrastructure listed below within the public right-of-way to address the requirements of the Business Unit. The amount of the deposit is calculated by Roads and is based on 100% of the estimated cost of construction. The developer is responsible to arrange for the construction of the infrastructure with their own forces and to enter into an Indemnification Agreement with Roads at the time of construction (the security deposit will be used to secure the work). SDAB2019-0047 5 DP2019-1491 June 18, 2019 Track your application on-line with VISTA. Go to:
www.calgary.ca/vista and enter your JOB ACCESS CODE (JAC) from the application form or call Planning Services Counter at (403) 268-5311. Page 4 Roads a. Construction of new driveway crossings on 45 ST SW b. Closure and removal of existing driveway crossings on 45 ST SW c. Construction of a Wheelchair Ramp d. Construction of 1.5m sidewalk along 46 ST SW e. Construction of 2.0m sidewalk along 45 ST SW f. Installation of 2 storm side inlets.
