Lake Bonavista Restrictive Covenant (RC) Initiative
FAQ
| R-CG Zoning | Restrictive Covenant | Other |
R-CG Zoning
Q: What areas of the City have been rezoned by Calgary?
The City of Calgary has passed citywide rezoning where the majority of the city has been designated R-CG. The new Zoning will be effective August 6, 2024. This includes all of the residential Housing in Lake Bonavista.
More information on the areas affected:
Q: What is R-CG Zoning?
Residential Contextual Grade Oriented (R-CG) allows for (i) single detached, (ii) semi-detached, (iii) townhouse, (iv) row house or (v) fourplex
- Height: 11 meters/36 feet (3 storeys)
- Density: 75 units/hectare
- Parking: 0.5 stalls/unit
For Example, on a 50 foot lot, 3 units, each with a secondary suite, are permitted. In addition, up to 3 laneway suites are also permitted. This could total 9-12 units on a single lot. More units are permitted on larger lots. If a developer purchased 3 consecutive lots then there would be the potential for 30 units or more next door.
More Information R-CG zoning:
Restrictive Covenant
Q: What is a Restrictive Covenant?
- Legally binding agreement that limits the actions of a property owner
- A “property right” which supersedes a land use by-law
- Other Calgary communities also pursuing this option include: Rideau, Roxboro, Kelvin Grove, Chinook Park, Eagle Ridge, Elbow Park, Be-laire, Mayfair
- The Restrictive Covenant is then registered on the land title and continues to apply to the lands even after the lands are sold.
Overview of a Restrictive Covenant from Carbert Waite LLP
Video on Restrictive Covenant Calgary and Lake Bonavista
Q: What is the Restrictive Covenant for Lake Bonavista proposing?
The general goal of the Restrictive Covenant for Lake Bonavista is to maintain the current nature of our community — single-family homes, big trees, quiet/safe streets, …
The Restrictive Covenant:
- Restricts lots to one Single Detached Dwelling may be erected on each lots.
- It does not restrict one Single Detached Dwelling from being built on two contiguous lots
- It allows Secondary Suites in the basement or above/in a garage.
- Applies to the lot for 75 years regardless of who owns the property
- It does not restrict renovations to existing homes or tearing down and rebuilding a new residence for your family as long as it is a single family home. These will be Subject to compliance with the City’s building restriction requirements re setbacks, height, etc., you retain the same freedom as you have today in this regard.
Q: Are there other communities in Calgary taking an RC approach to override City Zoning?
Yes, there are a number of communities also pursuing an RC: Rideau, Roxboro, Kelvin Grove, Chinook Park, Eagle Ridge, Elbow Park, Be-laire, Mayfair
There are also areas of the city that have sucessfully used RC since the time of constructions.
For Example, Mount Royal developed rapidly between 1904 and 1914. Restrictive Covenants were placed on the titles of properties which restricted development to single-family dwellings and set minimum housing construction costs. This allows neighbours to retain the qualities covered by the RC, e.g. single family, setbacks etc., even if the City wishes to change the nature of development in the area.
Q: Does have everyone on our street have to sign the RC for it to be effective?
One of the main objectives of a Community RC is to avoid a land assembly by developers. Developers want to acquire contiguous lots to build across. Even if every second or third property has the RC on it you can prevent a land assembly. When neighbours work together they can protect their whole street from multi-unit developments. With enough RC coverage in the community then developers will avoid Lake Bonavista altogether.
Q: Is there an “end date” for when someone can sign on to the RC?
There is no end date to sign up, but the more people who have signed up BEFORE the RC-G blanket rezoning comes into effect (beginning of August), the more likely it is to have the desired effect. Additionally, we are coordinating group signing sessions to facilitate cost savings once these are complete, it could be more expensive to sign the RC individually.
Q: What does it cost?
It is $500/homeowner it is approximately a 50/50 split between:
- Legal fees (legal, paralegal, land title fees, community meetings, signings)
- Defence fund (held in trust) for potential challenges by developers
The exact split is dependent on each homeowners specific situation. Signup for the RC
Q: How do I add the Restrictive Covenant?
There are three steps and a $500 fee to register the Restrictive Covenant on your property:
- Fill out this form to provide:
- Name(s) on title
- Street address with postal code
- Phone number
- Are you legally married? Yes/No. If you are divorced or your spouse has passed away please let us know that too.
- E-transfer $500 to etransfer@carbertwaite.com and assign password CarbertWaite.
- Include your name, address and our file number 124384.001 in the comments section.
- Attend a Signing Meeting
- Bring government issued ID
- Spouses must attend signing together
At the signing meeting you will be asked to sign:
See the homepage for the information on the next signing meeting.
Other
Q: Who is organizing this effort?
A group of Lake Bonavista community members have retained legal counsel Carbert Waite LLP and have started a Restrictive Covenant initiative to help maintain the nature of our community — single-family homes, big trees, quiet/safe streets, … If you have been following the City’s recent approval of R-CG blanket rezoning, you may share the same concern about what could be built beside you in the future.
This small grassroots group of neighbours have held several information sessions (in-person and virtual). Note these community meetings are very different and separate from the info sessions held at LBCA by Ward 14 Councillor Peter Deomong prior to the blanket rezoning decision. The RC initiative is run by volunteer community members (with a lawyer) - they are not politicians.
Q: How can I help?
- Sign up to add the Restrictive Covenant to your title (cost $500)
- Volunteer to help spread the word by being a ‘Block Captain’ for your street. The list of streets that have Block Captains can be found here
- Spread the word to your friends, neighbours and everyone you know in Lake Bonavista
- Sign up for our mailing list
Q: Where can I find the information presented in the Last information session?
Restrictive Covenant information meetings were held May 14 (in-person, attended by 70+), June 6 (virtual, attended by 100+) and June 8 (in-person, attended by 200+) which included information presented by community members; our lawyer Curtis Marble; Carbert Waite LLP who is working with several Calgary communities on their RC initiatives
Here is the most recent presentation:
Q: How can I get more information?
Please see our Contact Us page for information on how to get General information, Block Captain information, sign up for the mailing list, etc.