notice of the meeting of the municipal planning commission of the
Transcription
notice of the meeting of the municipal planning commission of the
NOTICE OF THE MEETING OF THE MUNICIPAL PLANNING COMMISSION OF THE TOWN OF OKOTOKS HELD ON THURSDAY, SEPTEMBER 17, 2015 AT 7:00 P.M. IN THE OKOTOKS MUNICIPAL CENTRE COUNCIL CHAMBER AGENDA A AGENDA A.1. A.2. A.3. B Call to Order Additions and/or Deletions Adoption MINUTES OF PREVIOUS MEETING B.1. C Municipal Planning Commission Minutes August 20, 2015 SUBDIVISION APPLICATIONS C.1. D File D11-DL20 – “The Parkhouses” Bareland Condominium Applicant/Owner: Jones Geomatics Ltd. / Lifestyle Homes Inc. Address/Legal: 11 Drake Landing Heights / Lot 63, Block 21, Plan 121 3633 DEVELOPMENT PERMIT APPLICATIONS D.1. Development Permit Application 148-15 Applicant/Owner: Arup Datta Architect Ltd. / 1182727 Alberta Inc. Address/Legal: 100 Stockton Avenue / Lot 1, Block 4, Plan 801 0201 Zoning: DC, Direct Control District Proposal: Elevation and Landscaping Changes D.2. Development Permit Application 163-15 Applicant/Owner: Kids’ Stop Children’s Centre / 1684276 Alberta Ltd. Address/Legal: 260 – 200 Southridge Drive / Lot 7, Block 1, Plan 051 0758 Zoning: C-GATE, Gateway Commercial District Proposal: Child Care Facility (Daycare) and Outdoor Play Space D.3. Development Permit Application 130-12 Amendment Applicant/Owner: Rick Balbi Architect Ltd. / 1570560 Alberta Ltd. Address/Legal: 4 Westland Road / Lot 11, Block 2, Plan 141 3166 Zoning: C-HWY, Highway Commercial District Proposal: Site Plan Amendment September 17, 2015 MPC Agenda Package Page 1 Page 1 E STATUTORY PLANS AND BYLAWS E.1. F Bylaw 19-15 - Land Use Bylaw Amendment Applicant/Owner: 1798089 Alberta Ltd. Address/Legal: 109 Southbank Boulevard / Lot 5, Block 1, Plan 081 0538 FURTHER BUSINESS F.1. G Discussion on Reports to Council Method of Delivery INFORMATION REGARDING DEVELOPMENT MATTERS G.1. G.2. Development Permit Application List Reports to Council – August 17, 2015 (Minutes are Unadopted) Chief Administrative Officer`s Report: Development Services – High Pressure Gas Pipeline Setback Town of Okotoks Active Transportation Strategy Application for Encroachment Agreement This item is provided as information. H MONTHLY UPDATES I ADJOURNMENT September 17, 2015 MPC Agenda Package Page 2 Page 2 UNADOPTED MINUTES OF THE REGULAR MEETING OF THE MUNICIPAL PLANNING COMMISSION OF THE TOWN OF OKOTOKS HELD ON THURSDAY, AUGUST 20, 2015 IN THE OKOTOKS MUNICIPAL CENTRE COUNCIL CHAMBER COMMITTEE MEMBERS Darren Flood, Chair Councillor Carrie Fischer Councillor Ken Heemeryck Matt Barciak Greg Bodnarchuk Claudia Kreplin Merlin MacNaughton STAFF PRESENT Colin Gainer, Planner Colleen Thome, Development Officer Denice Stewart, Assistant Development Officer Karen Humby, Recording Secretary A AGENDA A.1. Call to Order Chair Flood called the meeting to order at 7:01 p.m. A.2. Adoption 15.MPC.66 MOTION: By Councillor Fischer that the agenda be adopted as presented. Carried Unanimously B MINUTES OF PREVIOUS MEETING B.1. Municipal Planning Commission Minutes – July 16, 2015 15.MPC.67 MOTION: By C. Kreplin that the minutes of the Municipal Planning Commission held July 16, 2015 be adopted as presented. Carried Unanimously September 17, 2015 MPC Agenda Package Page 3 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 2 of 18 C SUBDIVISION APPLICATIONS C.1. D11-DR4 (D’Arcy Ranch Block Subdivision) Applicant/Owner: Pasquini and Associates Geomatics Ltd. / Can-Tex Drilling & Exploration ULC Address/Legal: D’Arcy Ranch Lands / Portions of Section 32-20-29 W4M The Applicant was in attendance. C. Gainer, Planner, reviewed the report. There was discussion regarding the dam, the pond, and the natural drainage course. 15.MPC.68 MOTION: By Councillor Fischer that Subdivision Application Number D11-DR4, D’Arcy Ranch Development Area, be approved subject to the following conditions: 1. 2. The Plan of Subdivision shall be in the form approved by the Subdivision Authority on August 20, 2015. Prior to endorsement of the Plan of Subdivision, the registered owner of the land being subdivided must: a. enter into an agreement with the Town of Okotoks addressing the following future development matters: i. relocate encroaching fence along the south boundary of the golf course within one year of approval; ii. relocation and screening of any unsightly items within the operations area along the property line with the pond area upon adjacent subdivision phase development, if not addressed before this time; iii. construction of an interface fence on the golf course property of satisfactory design to the Town of Okotoks upon adjacent subdivision phase development occurring; iv. allowing for grading into the golf course property adjacent to the man-made dam, if deemed beneficial to the Town to naturalize the dam structure; v. allowing for the planting of trees along the golf course property line adjacent to the man-made dam in the event that vegetation cannot be established on the reinforced berm with adjacent subdivision phase development and for the registration of a restrictive covenant on the golf course lands that screening vegetation is retained in perpetuity; and vi. consenting to the registration of a stormwater main utility right-of-way, if required, in the future for servicing of Lot 1, Block 9; and September 17, 2015 MPC Agenda Package Page 4 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 3 of 18 b. 3. pay any outstanding property taxes levied against the subdivision lands. Concurrent with the registration of the Plan of Subdivision, the registered owner of the land being subdivided must: a. register a plan of consolidation for the D’Arcy Ranch Golf Course respecting the remainder of NW¼ 32-20-29-W4, NE¼ 32-20-29-W4, and SW¼ 32-20-29-W4 (Title Number 051042869); SE¼ 32-20-29-W4 (Title Number 051043108); Closed Road Allowance (Title Number 971019830); SE¼ 31-20-29-W4 (Title Number 170P242); and NW¼ 29-20-29-W4 (Title Number 170P243); b. register the agreement under Condition 2(a) against the consolidated D’Arcy Ranch Golf Course lands; c. register an access right-of-way easement across Lot 1, Block 9 to provide continued legal and physical access to the consolidated D’Arcy Ranch Golf Course; d. register easements for the benefit of any existing shallow utilities that cross Lot 1, Block 9 to service the consolidated D’Arcy Ranch Golf Course lands; e. register a deferred reserve caveat against Lot 1, Block 9 and the consolidated D’Arcy Ranch Golf Course lands respecting that reserve lands remain owing on the lands; and f. register a deferred servicing caveat against Lot 1, Block 9 and the consolidated D’Arcy Ranch Golf Course lands respecting that neither parcel is being serviced at this time. REASONS FOR DECISION 1. Subdivision Application D11-DR4 complies with the Okotoks Municipal Development Plan (Bylaw 50-98), the Northwest Okotoks Area Structure Plan, and the Okotoks Land Use Bylaw (40-98); and 2. Subdivision conditions included in this approval ensure compliance of Subdivision Application D11-DR4 with Town of Okotoks subdivision development policies, standards and practices. Carried Unanimously September 17, 2015 MPC Agenda Package Page 5 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 4 of 18 D DEVELOPMENT PERMIT APPLICATIONS D.1. Development Permit Application 145-15 Applicant/Owner: New Century Design Inc. / Jason Williamson Address/Legal: 52 Ranch Road / Unit 14, Plan 041 0198 Zoning: R-1AR, Residential Single Detached Air Ranch District Proposal: Studio Suite in Accessory Building (Hangar) The Applicant was not in attendance. D. Stewart, Assistant Development Officer, reviewed the report. 15.MPC.69 MOTION: By Councillor Heemeryck that Development Permit Application Number 145-15 for a Studio Suite within the accessory building with a primary purpose as a hangar, to occupy an area which represents 22.9% of the principal dwelling unit, be approved subject to the following conditions: 1. 2. 3. Prior to the release of the Development Permit, the Developer shall: a. provide a performance security in the amount of $2,000 in a form satisfactory to the Town to ensure completion of conditions. Development Conditions: a. the Developer shall construct the development in accordance with: i. all conditions of this approval; and ii. the site and floor plans approved by the Municipal Planning Commission on August 20, 2015; b. the parking space on the north end of the driveway parking pad shall be maintained for use by the occupant of the studio suite; and c. the performance security will be held until occupancy of the studio suite has been issued. The issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. Carried Unanimously September 17, 2015 MPC Agenda Package Page 6 Unadopted Municipal Planning Commission Minutes – August 20, 2015 D.2. Page 5 of 18 Development Permit Application 147-15 Applicant/Owner: Shelley and Blake Willard Address/Legal: 12 Alcock Close / Lot 6, Block 35, Plan 761 0972 Zoning: R-1, Residential Single Detached District Proposal: Detached Garage and Studio Suite The Applicant was in attendance. C. Thome, Development Officer, reviewed the report. There was discussion regarding the windows on the north side of the proposed development. 15.MPC.70 MOTION: By Councillor Fischer that Development Permit Application Number 147-15 for a Detached Garage and Studio Suite be approved with variances subject to the following conditions: 1. 2. Prior to the release of the Development Permit, the Developer shall: a) provide a performance security in the amount of $5,000 in a form satisfactory to the Town to ensure completion of conditions. Development Conditions: a) the Developer shall construct the development in accordance with: i. all conditions of this approval; and ii. the site, elevation and floor plans approved by the Municipal Planning Commission on August 20, 2015; b) the parking space inside the south end of the garage shall be developed and maintained for use by the occupant of the studio suite; c) the Developer shall construct a hard-surfaced walkway at least 1.0m wide between the south door of the garage and the stairs to the studio suite; d) the principal building and accessory building must be finished using the same finishing materials and colors; the accessory building is to reflect the design of the principal building on the site incorporating similar design features such as window and door detailing, exterior cladding materials and colors, and roof lines; e) the performance security will be held until conditions of approval have been met and occupancy of the studio suite has been issued; f) the Developer shall utilize opaque glazing or transom windows on the north elevation of the studio suite; to the satisfaction of the Development Officer; and g) the issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the September 17, 2015 MPC Agenda Package Page 7 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 6 of 18 responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. VARIANCE The following Sections of the Land Use Bylaw are varied pursuant to Section 4.4.1 of the Land Use Bylaw: 1. Section 12.5.1(b) [Site Coverage] to permit an accessory building containing a Studio Suite with a lot coverage of 22% where 14% is the maximum; and 2. Section 12.5.4 [Habitable Floor Area] to allow a Studio Suite with a habitable floor area of 58.4% of the principal dwelling unit where the maximum is 40%. Carried D.3. Development Permit Application 143-15 Applicant/Owner: Riddell Kurczaba Architecture / Tristar Communities Inc. Address/Legal: Southbank Road / Lot 1, Plan 1831LK (proposed Lot 12, Block 2, Plan 151 ) Zoning: I-1S, South Business Industrial District Proposal: Three-Storey Office Building The Applicant was in attendance. C. Thome, Development Officer, reviewed the report. 15.MPC.71 MOTION: By M. MacNaughton that Development Permit Application Number 143-15 for a three-storey Office Building be approved subject to the following conditions: 1. Prior to the release of the Development Permit, the Developer shall: a) submit a revised site plan with Utility Rights-of-Way 121 0221 and 091 4018 labelled; b) submit revised elevations showing the mechanical penthouse painted to match one of the approved building finishing colors; c) provide a Site Lighting Plan in accordance with Sections 4.3.9(b), 9.22.0 and 30 of the Land Use Bylaw; d) provide a Development Site Servicing Plan Package, including among other things any proposed/required regulatory signage such as stop signs, handicapped parking signs etc., in accordance with Section 4.3.9(a) of the Land Use Bylaw and a Tree Protection Plan prepared by a Landscape Architect or ISA Certified Arborist for boulevard trees and any existing trees on the site or in close proximity that may be disturbed by the construction; e) provide a detailed Landscaping Plan prepared by a qualified Landscape Architect in accordance with Sections 3.2.1 and 9.5.0 of the Land Use Bylaw including on-site and boulevard September 17, 2015 MPC Agenda Package Page 8 Unadopted Municipal Planning Commission Minutes – August 20, 2015 2. Page 7 of 18 landscaping. The Landscape Plan shall employ water conservation techniques such as grouping of trees and shrubs in mulched beds, use of xeriscape plants, etc. (note: The landscaping plan submitted with the application meets the Land Use Bylaw requirement in terms of tree count and area); f) submit a copy of title demonstrating that the lot and associated easements have been registered at Land Titles; g) pay or provide proof of payment of the Off-site Levies in the amount of $50,523.66; conditions 1a through g above to the satisfaction of the Town; and h) enter into a Development Agreement, regarding but not limited to: i. submission of the necessary performance securities pursuant to Section 4.3.7 of the Land Use Bylaw; ii. provision for the installation of off-site services including but not limited to storm sewage, sanitary sewage, curb replacement, sidewalks and improvements to adjoining roadways; iii. provision for indemnifying the Municipality against any damages that may occur; iv. recovery of professional costs incurred by the Town associated with this development; and v. payment of all applicable Off-site Levies and fees. Development Conditions: a) the Developer shall construct the development in accordance with: i. all conditions of this approval; ii. the revised site and elevation plans as approved by the Municipal Planning Commission on August 20, 2015; and iii. any other plans (e.g. Landscaping, Lighting and Site Servicing Plans) submitted and approved as a requirement of this approval; b) the Developer shall: i. construct sidewalk connections and boulevard crossings to the standards specified by the Municipal Engineer; ii. landscape the boulevard(s) in accordance with an approved landscape plan; iii. screen all rooftop apparatus using the mechanical structure shown on the elevations, painted to match one of the approved building finishing colors; iv. provide vertical face concrete curb between all driving surfaces and landscaped areas; and September 17, 2015 MPC Agenda Package Page 9 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 8 of 18 v. c) d) e) pave all required parking surfaces and associated driving lanes, delineate all paved parking spaces with painted lines and sign the handicapped parking spaces with freestanding signage; to the satisfaction of the Development Officer; this approval does not include signage. A separate development permit will be required prior to installation of any signage on the building or the site with the exception of the address signs identified on the elevations; the following uses having a minimum parking ratio of 1/37m² are approved with this permit: i. Offices ii. Business Support Services iii. Commercial Schools iv. Pet Care Services v. Recreation Facilities – Private; and the issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. VARIANCE The following Section of the Land Use Bylaw is varied pursuant to Section 4.4.1 of the Land Use Bylaw: 1. Section 9.3.2(a) [Parking Lot Design] to permit five parking spaces in the southeast corner of the site to project into a required setback. Carried Unanimously D.4. Development Permit Application 156-15 Applicant/Owner: IBI Group / McDonald’s Restaurants of Canada Limited Address/Legal: 600 Big Rock Lane / Lot 1, Block 1, Plan 961 2102 Zoning: C-SC, Shopping Centre Commercial District Proposal: Site Plan Amendment: Dual Lane Drive-Through The Applicant was not in attendance. C. Thome, Development Officer, reviewed the report. There was discussion regarding traffic flow and the stacking of vehicles accessing the drive-through. September 17, 2015 MPC Agenda Package Page 10 Unadopted Municipal Planning Commission Minutes – August 20, 2015 15.MPC.72 MOTION: By Councillor Heemeryck that Development Permit Application Number 156-15 for Site Plan Amendment (Dual Lane Drive-Through) be approved subject to the following conditions: 1. 2. D.5. Page 9 of 18 Prior to the release of the Development Permit, the Developer shall: a. submit a revised site plan showing development of the concrete walkway adjacent to the entrance in accordance with the site plan approved under DP 113-99, and development of a new concrete walkway at least 2.1m wide adjacent to the south wall of the building; b. submit details of all new freestanding directional signage; c. provide performance security in the amount of $4,000.00 in a form satisfactory to the Town to ensure completion of conditions; and d. submit a site access and signage plan; conditions 1a through d above to the satisfaction of the Town. Development Conditions: a. the Developer shall construct the development in accordance with: i. all conditions of this approval; ii. the revised site plan as approved by the Municipal Planning Commission on August 20, 2015; and iii. any other plans submitted and approved as a requirement of this approval (signage details); to the satisfaction of the Development Officer; and b. the issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. Carried Development Permit Application 139-15 Applicant/Owner: ABBARCH Architecture Inc. / Jim Pattison Developments Ltd. Address/Legal: 100 Southbank Boulevard / Lot 1, Block 3, Plan 131 2642 Zoning: C-GATE, Gateway Commercial District Proposal: Retail Store, CRU Building, Eating Establishment with Drive-In Food Service and Associated Freestanding and Fascia Signage The Applicant was not in attendance. C. Thome, Development Officer, reviewed the report. There was discussion regarding the screening of the rooftop apparatus, and the proposed site plan. September 17, 2015 MPC Agenda Package Page 11 Unadopted Municipal Planning Commission Minutes – August 20, 2015 MOTION: Page 10 of 18 By Councillor Heemeryck that Development Permit Application Number 139-15 for a Retail Store, CRU Building, Eating Establishment with DriveIn Food Service and Associated Freestanding and Fascia Signage be approved subject to the following conditions: 1. Prior to the release of the Development Permit, the Developer shall: a. submit a revised site plan incorporating the following changes: i. label all rights of way including 091 4018, 091 4021, and 131 2180; ii. clearly show locations of bike racks; iii. add a breakdown on the site plan of the numbers of deciduous and coniferous trees and the ratio of large to small trees at time of planting, to meet or exceed Land Use Bylaw standards; iv. change the stamped asphalt walkway through the centre of the site to concrete with vertical face curb in accordance with the Southbank Commercial Development Concept Plan and engineering design standards; v. widen the central walkway by 0.6m on each side and reduce the length of the adjacent parking spaces by 0.6m; vi. widen the sidewalks immediately adjacent to the buildings to at least 2.1m and reduce the length of the adjacent parking spaces by 0.6m; vii. in consultation with administration, remove four parking spaces immediately south of the grocery building and two parking spaces immediately north of the CRU building and replace them with landscaped islands large enough to accommodate tree planting; viii. extend the wall on the west side of the CRU building to fully screen the loading area; ix. replace the single 32 Street sidewalk connection with two connections: one exiting the site northbound and one exiting the site southbound; x. show the retaining or foundation wall and any proposed stairs on the northeast side of the site; xi. show turning templates for passenger vehicles entering and exiting the drive-through; and xii. show the locations of the drive-through order boxes with a total of at least 22 stacking spaces behind them; b. submit revised detail sheets specifying: September 17, 2015 MPC Agenda Package Page 12 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 11 of 18 i. design, details and locations of fall protection in all locations where required under applicable codes including details of fall protection tie-in to, or adjacent to, retaining walls; ii. sight line drawings demonstrating screening of all rooftop apparatus from adjacent roads and sidewalks; and iii. concrete central walkway with vertical face curb in place of stamped asphalt; c. submit revised elevations incorporating the following changes: i. screening of the entire CRU Building loading area utilizing a screen structure designed as an integral part of the building; ii. screening of rooftop apparatus with parapets in accordance with the approved Concept Plan; iii. details of any foundation wall, retaining wall and/or steps required in the northeast corner of the site including finishing to match the retaining wall behind the building; and iv. reduction in the size of the signage on the west side of the CRU building to not more than 10% wall coverage; d. submit a letter from RioTrin supporting the revised approved plans; e. provide a Site Lighting Plan in accordance with Sections 4.3.9(b), 9.22.0 and 30 of the Land Use Bylaw and the Concept Plan; f. provide a Development Site Servicing Plan Package, including among other things any proposed/required regulatory and directional signage such as stop signs, handicapped parking signs etc., in accordance with Section 4.3.9(a) of the Land Use Bylaw and a Tree Protection Plan prepared by a Landscape Architect or ISA Certified Arborist for boulevard trees and any existing trees on the site or in close proximity that may be disturbed by the construction; g. provide a detailed Landscaping Plan prepared by a qualified Landscape Architect in accordance with Sections 3.2.1 and 9.5.0 of the Land Use Bylaw. The Landscape Plan shall employ water conservation techniques such as grouping of trees and shrubs in mulched beds, use of xeriscape plants, etc. Irrigation systems are not permitted; conditions 1a through g above to the satisfaction of the Town; and h. enter into a Development Agreement, regarding but not limited to: September 17, 2015 MPC Agenda Package Page 13 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 12 of 18 i. 2. submission of the necessary performance securities pursuant to Section 4.3.7 of the Land Use Bylaw; ii. provision for the installation of off-site services including but not limited to storm sewage, sanitary sewage, curb replacement, sidewalks and improvements to adjoining roadways; iii. provision for indemnifying the Municipality against any damages that may occur; iv. recovery of professional costs incurred by the Town associated with this development; and v. payment of all applicable Off-site Levies and fees. Development Conditions: a. the Developer shall construct the development in accordance with: i. all conditions of this approval; ii. the revised site and elevation plans approved by the Municipal Planning Commission on August 20, 2015; and iii. any other plans (e.g. Landscaping, Lighting and Site Servicing Plans) submitted and approved as a requirement of this approval; b. all plans are to be based upon the site and elevation plans as approved by the Municipal Planning Commission; c. the Developer shall: i. construct sidewalks connecting to 32 Street and Southbank Road to the standards specified by the Municipal Engineer; ii. screen all rooftop apparatus with parapets in accordance with the approved Concept Plan; iii. provide vertical face concrete curb between all driving surfaces and landscaped areas; iv. pave all required parking surfaces and associated driving lanes, delineate all paved parking spaces with painted lines and sign the handicapped parking spaces with freestanding signage; v. design the central walkway to ensure conduit associated with electrical outlets identified on the site plan will not interfere with tree planting in the walkway; vi. install signage discouraging drivers from backing into the parking spaces on the east side of the lot adjacent to the internal roadway; vii. remove existing crosswalk markings and signage on the internal roadway to the south and replace with crosswalk markings and signage in the locations approved under this permit; and September 17, 2015 MPC Agenda Package Page 14 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 13 of 18 viii. d. e. f. g. h. i. in cooperation with the owner of Lot 10, Block 1, Plan 091 4017, develop a new wheelchair ramp to the existing sidewalk south of this development aligning with the new crosswalk location and remove and rehabilitate the existing wheelchair ramp on the adjacent site; to the satisfaction of the Development Officer; signage on the west elevation of any building, where the site interfaces with residential uses, shall not be illuminated; the Sign Criteria approved under the Southbank Commercial Concept Plan applies to this development; all listed uses of the C-GATE district with a parking ratio of 1/17m² are approved under this permit; drive-through order boxes must be located to allow for at least 22 stacking spaces behind them, entirely within the drive-through lanes; this approval does not include drive-through signage; a separate Development Permit will be required prior to installation of any drive-through related signage; and the issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. VARIANCE The following Sections of the Land Use Bylaw are varied pursuant to Section 4.4.1 of the Land Use Bylaw: 1. Section 21A.2.0 [C-GATE Parking] to permit the development with 213 spaces where the minimum required is 275 spaces, a variance of 62 parking spaces; and 2. Section 9.3.2(a) [Parking Lot Design] to allow parking spaces within a setback area on the east and south sides of the site. 15.MPC.73 AMENDING MOTION: By C. Kreplin that a condition 1h) be added as follows: “the location of the south entrance be revised to align with the development to the south, with minimal impact to parking.” Defeated 15.MPC.74 MOTION: By Councillor Heemeryck that Development Permit Application Number 139-15 for a Retail Store, CRU Building, Eating Establishment with DriveIn Food Service and Associated Freestanding and Fascia Signage be approved subject to the following conditions: September 17, 2015 MPC Agenda Package Page 15 Unadopted Municipal Planning Commission Minutes – August 20, 2015 1. Page 14 of 18 Prior to the release of the Development Permit, the Developer shall: a. submit a revised site plan incorporating the following changes: i. label all rights of way including 091 4018, 091 4021, and 131 2180; ii. clearly show locations of bike racks; iii. add a breakdown on the site plan of the numbers of deciduous and coniferous trees and the ratio of large to small trees at time of planting, to meet or exceed Land Use Bylaw standards; iv. change the stamped asphalt walkway through the centre of the site to concrete with vertical face curb in accordance with the Southbank Commercial Development Concept Plan and engineering design standards; v. widen the central walkway by 0.6m on each side and reduce the length of the adjacent parking spaces by 0.6m; vi. widen the sidewalks immediately adjacent to the buildings to at least 2.1m and reduce the length of the adjacent parking spaces by 0.6m; vii. in consultation with administration, remove four parking spaces immediately south of the grocery building and two parking spaces immediately north of the CRU building and replace them with landscaped islands large enough to accommodate tree planting; viii. extend the wall on the west side of the CRU building to fully screen the loading area; ix. replace the single 32 Street sidewalk connection with two connections: one exiting the site northbound and one exiting the site southbound; x. show the retaining or foundation wall and any proposed stairs on the northeast side of the site; xi. show turning templates for passenger vehicles entering and exiting the drive-through; and xii. show the locations of the drive-through order boxes with a total of at least 22 stacking spaces behind them; b. submit revised detail sheets specifying: i. design, details and locations of fall protection in all locations where required under applicable codes including details of fall protection tie-in to, or adjacent to, retaining walls; ii. sight line drawings demonstrating screening of all rooftop apparatus from adjacent roads and sidewalks; and September 17, 2015 MPC Agenda Package Page 16 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 15 of 18 iii. concrete central walkway with vertical face curb in place of stamped asphalt; c. submit revised elevations incorporating the following changes: i. screening of the entire CRU Building loading area utilizing a screen structure designed as an integral part of the building; ii. screening of rooftop apparatus with parapets in accordance with the approved Concept Plan; iii. details of any foundation wall, retaining wall and/or steps required in the northeast corner of the site including finishing to match the retaining wall behind the building; and iv. reduction in the size of the signage on the west side of the CRU building to not more than 10% wall coverage; d. submit a letter from RioTrin supporting the revised approved plans; e. provide a Site Lighting Plan in accordance with Sections 4.3.9(b), 9.22.0 and 30 of the Land Use Bylaw and the Concept Plan; f. provide a Development Site Servicing Plan Package, including among other things any proposed/required regulatory and directional signage such as stop signs, handicapped parking signs etc., in accordance with Section 4.3.9(a) of the Land Use Bylaw and a Tree Protection Plan prepared by a Landscape Architect or ISA Certified Arborist for boulevard trees and any existing trees on the site or in close proximity that may be disturbed by the construction; g. provide a detailed Landscaping Plan prepared by a qualified Landscape Architect in accordance with Sections 3.2.1 and 9.5.0 of the Land Use Bylaw. The Landscape Plan shall employ water conservation techniques such as grouping of trees and shrubs in mulched beds, use of xeriscape plants, etc. Irrigation systems are not permitted; conditions 1a through g above to the satisfaction of the Town; and h. enter into a Development Agreement, regarding but not limited to: i. submission of the necessary performance securities pursuant to Section 4.3.7 of the Land Use Bylaw; ii. provision for the installation of off-site services including but not limited to storm sewage, sanitary sewage, curb replacement, sidewalks and improvements to adjoining roadways; iii. provision for indemnifying the Municipality against any damages that may occur; September 17, 2015 MPC Agenda Package Page 17 Unadopted Municipal Planning Commission Minutes – August 20, 2015 Page 16 of 18 iv. 2. recovery of professional costs incurred by the Town associated with this development; and v. payment of all applicable Off-site Levies and fees. Development Conditions: a. the Developer shall construct the development in accordance with: i. all conditions of this approval; ii. the revised site and elevation plans approved by the Municipal Planning Commission on August 20, 2015; and iii. any other plans (e.g. Landscaping, Lighting and Site Servicing Plans) submitted and approved as a requirement of this approval; b. all plans are to be based upon the site and elevation plans as approved by the Municipal Planning Commission; c. the Developer shall: i. construct sidewalks connecting to 32 Street and Southbank Road to the standards specified by the Municipal Engineer; ii. screen all rooftop apparatus with parapets in accordance with the approved Concept Plan; iii. provide vertical face concrete curb between all driving surfaces and landscaped areas; iv. pave all required parking surfaces and associated driving lanes, delineate all paved parking spaces with painted lines and sign the handicapped parking spaces with freestanding signage; v. design the central walkway to ensure conduit associated with electrical outlets identified on the site plan will not interfere with tree planting in the walkway; vi. install signage discouraging drivers from backing into the parking spaces on the east side of the lot adjacent to the internal roadway; vii. remove existing crosswalk markings and signage on the internal roadway to the south and replace with crosswalk markings and signage in the locations approved under this permit; and viii. in cooperation with the owner of Lot 10, Block 1, Plan 091 4017, develop a new wheelchair ramp to the existing sidewalk south of this development aligning with the new crosswalk location and remove and rehabilitate the existing wheelchair ramp on the adjacent site; to the satisfaction of the Development Officer; September 17, 2015 MPC Agenda Package Page 18 Unadopted Municipal Planning Commission Minutes – August 20, 2015 d. e. f. g. h. i. Page 17 of 18 signage on the west elevation of any building, where the site interfaces with residential uses, shall not be illuminated; the Sign Criteria approved under the Southbank Commercial Concept Plan applies to this development; all listed uses of the C-GATE district with a parking ratio of 1/17m² are approved under this permit; drive-through order boxes must be located to allow for at least 22 stacking spaces behind them, entirely within the drive-through lanes; this approval does not include drive-through signage; a separate Development Permit will be required prior to installation of any drive-through related signage; and the issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. VARIANCE The following Sections of the Land Use Bylaw are varied pursuant to Section 4.4.1 of the Land Use Bylaw: 1. Section 21A.2.0 [C-GATE Parking] to permit the development with 213 spaces where the minimum required is 275 spaces, a variance of 62 parking spaces; and 2. Section 9.3.2(a) [Parking Lot Design] to allow parking spaces within a setback area on the east and south sides of the site. Carried E STATUTORY PLANS AND BYLAWS None F FURTHER BUSINESS None G INFORMATION REGARDING DEVELOPMENT MATTERS G.1. Development Permit Application List A copy of the Development Permit Application list was provided in the Agenda package. September 17, 2015 MPC Agenda Package Page 19 Unadopted Municipal Planning Commission Minutes – August 20, 2015 G.2. Page 18 of 18 Reports to Council – July 13, 2015 The following reports, which were presented to Council by Planning Services, were provided to the Commission for information: Chief Administrative Officer’s Report: Development Services – Shipping Containers Chief Administrative Officer’s Report: Development Services – Sale of Land Hodson Way – Status Report Notice of Motion: Request for Encroachment – 17 Westridge Road 15.MPC.75 MOTION: H By C. Kreplin that items G.1 and G.2 be received as information. Carried Unanimously MONTHLY UPDATES Verbal updates on pending applications were provided at the meeting, including: C. Thome, Development Officer, reported that the Town has received a number of preliminary commercial development permit applications which will be presented to the Municipal Planning Commission within the next few months. I ADJOURNMENT 15.MPC.76 MOTION: By M. Barciak that the meeting adjourn at 9:54 p.m. Carried Unanimously Darren Flood, Chair September 17, 2015 MPC Agenda Package Karen Humby, Recording Secretary Page 20 MPC September 17, 2015 File No: D11-DL20 PROPOSAL: LOCATION: APPLICANT: OWNER: The Parkhouses Bareland Condominium 11 Drake Landing Heights | Lot 63, Block 21, Plan 121 3633 Jones Geomatics Ltd. Lifestyle Homes Inc. ISSUE The attached subdivision application requires consideration by the Okotoks Subdivision Approving Authority (MPC) within 60 days of receipt of the application in its completed form. This application was considered complete on July 31, 2015 and a decision must be rendered by September 29, 2015. REPORT The subject lands are located in the Drake Landing neighborhood and the parent title is legally described as Lot 63, Block 21, Plan 121 3633. The subject parcel was established by Drake Landing Phase 7B, which addressed municipal reserve dedication and water allocation for the subject lands. The purpose of this application is to create 31 residential units and common property (Attachment 1). Subject Site The subdivision conforms to the Land Use Bylaw, the Northeast Okotoks Area Structure Plan, and the approved Development Permit (DP105-15) for the site. The subject lands were designated Direct Control District by Bylaw 17-14 and further amended by Bylaw 11-15 to facilitate the development of a pocket neighbourhood, where there is a cohesive cluster of September 17, 2015 MPC Agenda Package Page 21 D11-DL20 Bareland Condominium Report Page 2 of 4 homes gathered around common space to facilitate a vibrant, healthy community with a collective sense of ownership. Development Permit 105-15 established the internal road network, physical access, landscaped common spaces, fencing, and other considerations that would typically be addressed through subdivision process. Construction and servicing requirements are addressed through the Development Agreement, which is being registered on title and will carry forward on the new units. The provision of common property interconnecting the residential bareland condominium units addresses access and shared parking considerations for the site as well as enforcing the collective sense of ownership envisioned for a pocket neighbourhood. Issues that must be addressed through subdivision conditions to ensure compliance with Town of Okotoks subdivision development policies, standards and practices include: 1. In accordance with the MGA, the Town applies standard subdivision conditions requiring the registered owner to pay any outstanding property taxes, pay all fees associated with the subdivision and register any required utility right of way plans and or easements required to service the subdivision. 2. Given that the developer is not required to enter into a Subdivision Servicing Agreement, Administration recommends a Property Service Fee agreement be registered with this subdivision. A Property Service Fee agreement is the mechanism by which the Town of Okotoks can collect the difference in property taxes based on the market value from the time of registration of the bareland condominium until the end of the tax year and is a standard clause within the Subdivision Servicing Agreement. Circulation Responses Circulation agencies and adjacent landowners were asked to respond by September 3, 2015. The applicant has been provided with copies of the landowner letters and other circulation agency responses. A summary of all responses is provided below. Circulated To: Telus Communications ATCO Gas Fortis Alberta Shaw Cablesystems Epcor Water Services Canada Post Corporation Adjacent Landowners September 17, 2015 MPC Agenda Package Comments: Right of way requirement for future facilities (Attachment 3) Location of existing infrastructure and standard servicing requirements (Attachment 4) No easement required; standard servicing requirements (Attachment 5) No response No response Standard comments on community mail boxes (Attachment 6) Correspondence was received from Mark & Donna Sefton raising concern over the distance of the new units from their property in terms of the possible loss of light and intrusion of privacy (Attachment 7). However, these concerns relate Page 22 D11-DL20 Bareland Condominium Report Page 3 of 4 to the build form of the development, which was established by DP105-15. Administration was in contact with one other adjacent landowner, but they did not provide written comments on this application. Appeals An appeal of a decision on this subdivision would lie with the Okotoks Subdivision and Development Appeal Board. RECOMMENDATION That the subdivision application for the Parkhouses Bareland Condominium (D11-DL20) be approved subject to the following conditions: 1. The Plan of Bareland Condominium shall be in the form approved by the Subdivision Authority on September 17, 2015. 2. Prior to endorsement of the Plan of Bareland Condominium, the registered owner of the land being subdivided must provide verification to the Town of the registration of the DP105-15 Development Agreement. 3. Prior to endorsement of the Plan of Bareland Condominium, the registered owner of the land being subdivided must pay or agree to pay: a. any current or outstanding property taxes levied against the subdivision lands; b. any costs incurred by Okotoks for all third party consulting, accounting, legal, engineering and planning work related to the subdivision of the lands; and c. payment of a property service fee equal to the tax rate(s) applicable to the lots created by the subdivision multiplied by the assed value of the lots, in the event the owner is not liable, during the year in which the plan of subdivision is registered, to pay property taxes on the lots created by registration of the plan of subdivision. 4. Concurrent with the registration of the Plan of Bareland Condominium, the registered owner of the land being subdivided must: a. grant and register all such plans and agreements as are required to effectively grant to Okotoks all necessary utility rights of way, temporary access and/or easements including but not limited to those required for water, sewerage, transportation, interim road connections, irrigation, drainage including overland drainage, fuel, electric power, heat, and waste management works and undertakings; and September 17, 2015 MPC Agenda Package Page 23 D11-DL20 Bareland Condominium Report Page 4 of 4 b. register a Property Service Fee agreement against the units created by the plan of bareland condominium. REASONS FOR DECISION 1. Bareland Condominium Application D11-DL20 complies with the Okotoks Municipal Development Plan, the Northeast Okotoks Area Structure Plan, the Okotoks Land Use Bylaw and Development Permit 105-15 approved by Council on February 23, 2015; and 2. Subdivision conditions included in this approval ensure compliance of Bareland Condominium Application D11-DL20 with Town of Okotoks subdivision development policies, standards and practices. Attachments: 1. Tentative Plan 2. Approved DP105-15 Site Plan 3. Telus Response 4. ATCO Gas Response 5. Fortis Alberta Response 6. Canada Post Response 7. Email from Mark & Donna Sefton Prepared by: Planning Services Team (CG) September 10, 2015 September 17, 2015 MPC Agenda Package Page 24 September 17, 2015 MPC Agenda Package Page 25 ÜÐß ïðëóïë ïï Ü®¿µ» Ô¿²¼·²¹ Ø»·¹¸¬ λª·»¼ Í·¬» д¿² ®»½ù¼ Ö«´§ ïêñïë ¾§ »³¿·´ 3122-114 Ave SE CALGARY, AB T2Z 3V6 PH: 403.215.0500 www.lifestylehomes.ca THIS DRAWING IS THE SOLE PROPERTY OF LIFESTYLE HOMES INC. IN FULL AND MUST NOT BE COPIED OR REPRODUCED IN ANY FORM WITHOUT THE WRITTEN CONSENT FROM LIFESTYLE HOMES INC. SITE PLAN DESIGNED BY: PAGE DRAWN BY: SCALE DATE: September 17, 2015 MPC Agenda Package Page 26 Colin Gainer From: Sent: To: Subject: rightofwayAB <[email protected]> August-14-15 1:31 PM Colin Gainer RE: Soubdivision Circulation Notice - 11 Drake Landing Heights [D11-DL20] RE: SUBDIVISION REQUEST S2015-415 – OKTK – NW 27-20-29 W4M We understand that the application has been made for a subdivision over the abovementioned land. TELUS has reviewed the documentation and have determined that we will require a blanket right of way to protect our future facilities on the abovementioned land. Thank you. Telus Communications Inc. Jody DeSutter Land Administrator Rights of Way Department 10th floor, 10035 – 102 Avenue NW Phone: 780-508-2421 or 780-508-2456 Toll Free: 1-866-774-7002, Select 1 Email: [email protected] Main Email: [email protected] -This message was scanned by Okotoks SPAM server and is believed to be clean. Click here to report this message as spam. 1 September 17, 2015 MPC Agenda Package Page 27 September 17, 2015 MPC Agenda Package Page 28 September 17, 2015 MPC Agenda Package Page 29 September 17, 2015 MPC Agenda Package Page 30 FortisAlberta Inc. Marc Paquet Land Department , AB Phone# 587-775-6216 www.fortisalberta.com Email: [email protected] August 5, 2015 Town of Okotoks 5 Elizabeth Street PO Box 20, Station Main Okotoks, Alberta T1S 1K1 Attention: Rick Quail RE: FortisAlberta Condition for Subdivision Approval FortisAlberta Reference No.: 320017198 MD File No.: D11-DL20 Location/Legal Description: NW-27-20-29-W4 Thank you for contacting FortisAlberta regarding the above application for subdivision. We have reviewed the plan and determined that no easement is required by FortisAlberta. FortisAlberta is the Distribution Wire Service Provider for this area. The developer can arrange installation of electrical services for this subdivision through FortisAlberta. Please have the developer contact 310-WIRE (310-9473) to make application for electrical services. Please contact FortisAlberta land services at [email protected] or by calling (403) 5144783 for any questions. Sincerely, Marc Paquet RE: 320017198 September 17, 2015 MPC Agenda Package Page 31 August 25, 2015 Colin Gainer Planner Town of Okotoks Planning Services 5 Elizabeth Street Okotoks, AB T1S 1K1 Reference: D11 – DL20 11 DRAKE LANDING HEIGHTS Dear Mr. Gainer, Thank you for contacting Canada Post regarding plans for a new subdivision in Okotoks. Please see Canada Post’s feedback regarding the proposal, below. Service type and location 1. Canada Post will provide mail delivery service to the development through centralized Community Mail Boxes (CMBs). The location within the development to be determined through consultation with the builder/ developer at a later date. 2. If the development includes plans for (a) multi-unit building(s) with a common indoor entrance, the developer must supply, install and maintain the mail delivery equipment within these buildings to Canada Post’s specifications. Municipal requirements 1. Please update our office if the project description changes so that we may determine the impact (if any). 2. Should this subdivision application be approved, please provide notification of the new civic addresses as soon as possible. Developer timeline and installation 1. Please provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. Finally, please provide the expected installation date(s) for the CMB(s). Please see Appendix A for any additional requirements for this developer. Regards, Wendy Bauer Delivery Services Officer | Delivery Planning 839-1100 49 Avenue NE Calgary , AB 403-974-2000 xtn 42106 [email protected] September 17, 2015 MPC Agenda Package Page 32 Appendix A Additional Developer Requirements: - The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes. The developer will then indicate these locations on the appropriate servicing plans. - The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. - The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box. - The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied. - The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: Any required walkway across the boulevard, per municipal standards Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications) 2 September 17, 2015 MPC Agenda Package Page 33 Colin Gainer From: Sent: To: Subject: Mark Sefton <[email protected]> August-17-15 10:03 AM Colin Gainer Re: Bareland condominium subdivision application Hi Colin, Thank you for your detailed reply and explanation. We still remain unhappy with the proposed building of two properties, which abut our land directly, and do not have a 6m spacing (as directed in previous town bylaws). We are also concerned with the possible reduction of light coming into our garden from these buildings, and intrusion of privacy. Regards, Mark & Donna Sefton > On 13 Aug 2015, at 10:02, Colin Gainer <[email protected]> wrote: > > Hi Mark & Donna, > > The proposed bareland condominium plan was prepared in support of the approved development permit, which was approved by Council subject to conditions on February 23, 2015 following the public hearing. The development concept remains the same from that February approval but what is proposed is that individual homes and the land immediately surrounding them would be condominium units. So it would be a land condominium as opposed to a building condominium. > > The Town Council minutes are recorded in a standard and simplified manner, which I agree does not contain much detail on what is said. Nevertheless, Council must consider all correspondence and representation that is provided to them through the public hearing when making a decision. So they have to weigh the all the information provided by Administration, adjacent landowners, and the applicant in formulating their decision. > > Under the Municipal Government Act, adjacent landowners do not have the right of appealing a subdivision decision, which is why the Town ensures that adjacent landowners have an opportunity to provide comment on a proposed plan of subdivision prior to the consideration of approval. The subdivision authority, Municipal Planning Commission, must consider any comments by adjacent landowners in their decision. > > Separate from the subdivision application process, the developer has been granted permission to undertake stripping and grading of the site at this time and they are entitled to proceed with the development of the site as it was approved by Council on February 23 once all release conditions are in place. > 1 September 17, 2015 MPC Agenda Package Page 34 > What has been circulated to you for comment is the plan for the subdivision of the site into separate condominium units. I apologize if that is unclear in the letter. Let me know if you have any further questions. > > Regards, > > Colin Gainer > Planner | Town of Okotoks > 5 Elizabeth Street, PO Box 20 | Okotoks, AB T1S 1K1 > Direct: (403) 995-2759 | Fax: (403) 938-7387 > Email: [email protected] > > -----Original Message----> From: Mark Sefton [mailto:[email protected]] > Sent: August-12-15 10:01 AM > To: Colin Gainer > Subject: Bareland condominium subdivision application > > Dear Colin, > > We have recently received communication from yourself, regarding the application for condominiums behind our property on Drake Landing Heights. My wife and I have already attended a public council meeting, in order to voice our concerns with the development adjacent to our property (90 Drake Landing Heights - Plot 54 on your plan). > > We had not received any prior notice from either the Town of Okotoks, or the land developer Lifestyle, which we found to be rather underhand and subversive. I voiced my concerns to the chamber and answered questions placed by the councillors, however non of this was identified in the meeting minutes. I do not believe that any consideration was given to our justified concerns, nor that of another homeowner who had attended the meeting, and now we find that the site is considering the development of condominiums. > > Whilst we where unhappy with the way in which the site had been approved for development, we had only to face single storey buildings to blight our view. Where do the condominiums plan to be built, the map provided does not indicate the subdivision for this development? Please provide greater detail and information. > > It clearly states in your letter that there is no appeal process for adjacent homeowners, but does this mean we have no rites at all, and can be railroaded by process and developers or face hefty legal bills in fighting this consideration? > > We most sincerely oppose this development plan. > > I pen this letter to you, whilst an excavator is busy working on the plot of land. > > We look forward to hearing from you soon. > > Thank you. > > Mark & Donna Sefton > -2 September 17, 2015 MPC Agenda Package Page 35 Okotoks MPC September 17, 2015 Development Permit Application No.: Applicant/Owner: Location/Legal: Land Use Designation: Proposal: 148-15 Arup Datta Architect Ltd. / 1182727 Alberta Inc. 100 Stockton Avenue / Lot 1, Block 4, Plan 801 0201 Direct Control District (DC) Elevation and Landscaping Changes History The site is zoned Direct Control, with the front of the site to be developed in accordance with I-1 District uses and the rear of the site referencing the I-2 District. Development Authority for this site has been delegated to the Municipal Planning Commission. Report The application involves changes to the building elevations and replacement of trees along the west face of the building with columnar aspen. These trees are prone to bronze leaf disease and can attract wasps. It’s recommended the applicant consider increasing species diversity. Existing Proposed Existing brick and vertical metal panels will remain and be painted as detailed in the elevation drawing provided. Canopies and internally illuminated feature pylons are proposed, primarily on the west elevation but also to a limited extent on the north and south elevations. The feature pylons are intended to be an architectural feature, similar to landscape lighting and not for site illumination. Recommended conditions include limitations on lighting levels and prevention of glare. September 17, 2015 MPC Agenda Package Page 36 Page 2 – DPA 148-15 – 100 Stockton Avenue – Elevation and Landscaping Changes Signage – will be a mix of existing and new illuminated box signs in the locations shown on the elevations and new illuminated channel letters on the fronts of the new canopies. A new electronic message board is proposed above the theatre entrance, and standard EMB operational conditions are included in the recommendation. No changes are proposed to the existing freestanding sign, however, conditions are recommended requiring that it be at least painted to match the new building colors. September 17, 2015 MPC Agenda Package Page 37 Page 3 – DPA 148-15 – 100 Stockton Avenue – Elevation and Landscaping Changes There is an existing 3.0m wide asphalt walkway across much of the front of the building, separated from the parking spaces by concrete wheel stops. Although the current standard calls for raised concrete walks with vertical face curb, this is an existing building and the site was developed in accordance with the approval at the time of construction. Adding the raised walk as a condition of this approval would greatly increase the cost of the project, which may have the potential to jeopardize the proposed facade improvements. The support posts for the canopies will project 2.1m from the face of the building, and the bases of the pylons will project 0.95m from the face of the building. The combined effect is to reduce the width of the walkway to as little as 1.15m under the canopies. The minimum width is 1.0m. Considering that the (8) trees are also within the space between the wheel stops and the building, a condition is included providing for a minimum spacing of 1.0m between any feature pylon and tree well. Landscaping – No changes to landscaping are proposed with the exception of replacement of existing trees on the southwest elevation. Considering proposed landscaping changes are limited to replacement of existing trees, no detailed landscaping plan is requested. Appeal of the MPC’s decision lies to the Subdivision and Development Appeal Board. September 17, 2015 MPC Agenda Package Page 38 Page 4 – DPA 148-15 – 100 Stockton Avenue – Elevation and Landscaping Changes Recommendation: That Development Permit Application Number 148-15 for Elevation and Landscaping Changes be approved subject to the following conditions: 1. 2. Prior to the release of the Development Permit, the Developer shall: a) Submit revised elevations showing the locations of the proposed trees in relation to the canopies and illuminated feature pylons; and b) Provide planting details, tree species and details of concrete/asphalt remediation for any proposed tree replacement; conditions 1a and b above to the satisfaction of the Town. Development Conditions: a) The Developer shall construct the development in accordance with: i) all conditions of this approval; ii) the site and revised elevation plans as approved by the Municipal Planning Commission on September 17, 2015; and iii) any other plans (e.g. tree details) submitted and approved as a requirement of this approval; b) The Developer shall: i) paint the existing freestanding sign to match one of the principal colors on the building; ii) maintain a distance of at least 1.0m between any illuminated feature pylon and any tree well; iii) maintain an unobstructed walkway at least 1.0m in width across the front of the building; iv) remediate any concrete and asphalt disturbed in the course of construction; v) within 90 days of a tenant vacating the building, remove the tenant’s signage or replace it with a blank panel; and vi) remove all existing window signs or apply for sign permits to allow them to remain; to the satisfaction of the Development Officer; c) Landscaping changes approved under this permit are limited to replacement of 8 trees along the southwest elevation of the building in their existing locations. A detailed landscape plan prepared by a qualified Landscape Architect must be provided for review and acceptance by the Town prior to any other landscaping changes; d) Illuminated feature pylons are to be used as an architectural feature only and shall not, in the opinion of the Town, add significantly to site lighting levels. Illuminated pylons shall not create direct glare or interfere with driver visibility on adjacent roadways; e) Signs included in this approval are limited to the fascia signage identified on the approved elevations, amounting to a maximum of 71.3m 2 (6.5%) on the southwest (front) elevation; 18.56m 2 (1.7%) on the northeast (rear) elevation; 9.28m 2 (6.1%) on the northwest side elevation; and none on the southeast side elevation; f) Operation of the Computerized Sign (Programmable LED Reader) shall be subject to the following conditions: i) Copy shown on the digital display must be static and remain in place for a minimum of 6 seconds before switching to new copy. The sign operator is expected to exercise discretion and display copy for longer periods as required if the message involves more text; ii) The maximum transition time between each digital copy must not exceed 1.0 second; September 17, 2015 MPC Agenda Package Page 39 Page 5 – DPA 148-15 – 100 Stockton Avenue – Elevation and Landscaping Changes iii) g) Transition between each digital copy must not involve visible effects including but not limited to action, motion, fading in and out, dissolving, blinking, intermittent or flashing light or the illusion of such effects; iv) The display of full-motion video is not allowed at any time; v) The sign must be equipped with ambient light sensor(s). Brightness levels may not exceed 0.3 foot-candles / 3.23 lux above ambient light conditions at any time; vi) Copy must not be shown in a manner that requires the copy to be viewed or read over a series of sequential copy messages on a single digital display or sequenced on multiple digital displays; vii) The sign must display only a blank black screen in the event of a malfunction of the display; and viii) The sign owner is responsible to ensure that all individuals responsible for programming of sign content are made aware of, and follow, the operational conditions of this approval; and The issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. Attachments: 1. Summary of Proposal and Land Use Bylaw Requirements 2. DPA 148-15 Prepared by: Planning Team (ct) September 2, 2015 September 17, 2015 MPC Agenda Package Page 40 Page 6 – DPA 148-15 – 100 Stockton Avenue – Elevation and Landscaping Changes ATTACHMENT #1 DPA 148-15 Lot 1, Block 4, Plan 801 0201 100 Stockton Avenue DC, Direct Control District Relevant Sections of the Land Use Bylaw: Section 4.4.0 Section 4.5.0 Section 9.5.0 Section 9.18.0 Section 9.20.0 Sections 9.22.0 Section 10 Section 23 Section 29.5.22 Discretion of the Development Authority Issuance of Development Permits and Notices Landscaping Building Exteriors Private Vehicle and Pedestrian Facilities Outdoor Lighting Sign Regulations Business Industrial District (I-1) Direct Control District (DC) SIGNAGE Fascia Signage Front – southwest Rear - northeast Side – northwest Side – southeast GUIDELINE Up to 12% 10% 10% 10% PROPOSAL 6.5% 1.7% 6.1% 0% LANDSCAPING The detailed landscaping plan to be submitted as a condition of approval will be reviewed for conformance with the principles of CPTED (Crime Prevention through Environmental Design) which may result in changes to tree count and/or type at detailed review stage. Land Use Bylaw 40-98 requirements:(see Section 9.5.2 for further detail) The minimum size for deciduous trees shall be: (i) (ii) for small deciduous trees, 50 millimeters caliper except 35 millimeters caliper for flowering ornamental; and for large deciduous trees, 85 millimeters caliper; Shrubs shall be minimum height of spread of 600 millimetres at the time of planting. FINISHING MATERIALS PROPOSED Trim Faces of building Material Brick (existing) Metal siding (existing) Canopies w/ sign bands Illuminated feature pylons Metal Concrete base, steel frame, plastic panels September 17, 2015 MPC Agenda Package Color Medium brown Painted dark blue, white, taupe taupe Opaque - white Page 41 DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF ARUP DATTA ARCHITECT LTD., THE COPYRIGHT BEING RESERVED TO THEM. NO REPRODUCTION ALLOWED WITHOUT THE PERMISSION OF ARUP DATTA ARCHITECT LTD., AND WHEN MADE, MUST BEAR ITS NAME. THIS DRAWING MUST NOT BE SCALED. THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNLESS SIGNED BY THE CONSULTANT. THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND REPORT ERRORS AND OMISSIONS PRIOR TO COMMENCING WORK. No. DATE DESCRIPTION REVISIONS 1 JUL 14/15 No. DATE ISSUED FOR DEVELOPMENT PERMIT DESCRIPTION ISSUED ARUP DATTA ARCHITECT LTD. 1909 - 10 th AVEN UE S.W. , CAL GARY, AL BERTA T3C 0K3 Tel: (4 03) 2 44-8 818 Fax (4 03) 2 44-8 982 ARCH IT ECTURE INTERIOR DESIG N PLA NNING URBAN DESIGN SEAL PROJECT: 1636 EXTERIOR RENO VATION 100 STOCK TON A VE. OKOTOKS, ALBERTA SHEET TITLE: SITE PLAN SHEET #: 1636-DP-100 METRES 0 5 SCALE: 20 1:500 DESIGN BY: DRAWN BY: CHECKED BY: AD DO BD PLOT DATE: September 17, 2015 MPC Agenda Package 14/07/20 15 09:04 Page 42 DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF ARUP DATTA ARCHITECT LTD., THE COPYRIGHT BEING RESERVED TO THEM. 131010 (AS EXISTING) 300 NO REPRODUCTION ALLOWED WITHOUT THE PERMISSION OF ARUP DATTA ARCHITECT LTD., AND WHEN MADE, MUST BEAR ITS NAME. 08 THIS DRAWING MUST NOT BE SCALED. THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNLESS SIGNED BY THE CONSULTANT. 08 MECH MECH THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND REPORT ERRORS AND OMISSIONS PRIOR TO COMMENCING WORK. STAIR NOTE: BUILDING IS EXISTING. McFARLANE AGENGIES MILLENNIUM LANES EQUIPMENT EXPRESS PAINT IT UP NORTHERN PRIDE WEST COUNTRY EXISTING ELECTRIC BOX & WALL TO REMAIN 08 MAMA'S STEAK & PIZZA WESTERN LIQUOR BAZAAR OKOTOKS CINEMAS STAIR MECH 08 300 08 08 600 1 08 11 01 14 08 03 05 04 08 01 06 09 08 10 03 04 05 06 09 06 09 2 DP200 03 05 04 08 08 08 SCALE 1:200 PAINT - REFER TO COLOURED ELEVATION FOR "RIBBON" PATTERN 01 08 MAIN FLOOR PLAN 03 08 08 PROPOSED CANOPIES (TYPICAL) DP200 03 08 03 10 04 05 05 04 05 04 03 08 10 06 09 04 05 06 09 05 04 08 03 06 09 10 04 05 06 09 PAINT - REFER TO COLOURED ELEVATION FOR "STAR" PATTERN 03 08 01 06 09 01 08 06 PAINT - REFER TO COLOURED ELEVATION FOR "STAR" PATTERN 13 12 08 01 06 08 SOUTH-WEST ELEVATION SCALE 1:200 10 03 04 05 05 04 03 10 04 05 03 10 No. 03 DATE DESCRIPTION REVISIONS 2 AUG 18/15 1 JUL 14/15 No. DATE REV ISED & RE-ISSUED FOR DEV ELOPMENT PERMIT ISSUED FOR DEVELOPMENT PERMIT DESCRIPTION ISSUED ARUP DATTA ARCHITECT LTD. 1909 - 10 th AVEN UE S.W. , CAL GARY, AL BERTA T3C 0K3 Tel: (4 03) 2 44-8 818 Fax (4 03) 2 44-8 982 08 02 04 02 04 02 04 02 04 02 01 08 ARCH IT ECTURE INTERIOR DESIG N PLA NNING URBAN DESIGN SEAL 3 DP200 03 10 PAINT - REFER TO COLOURED ELEVATION FOR "STAR" PATTERN (SIMILAR) 10 NORTH-EAST ELEVATION SCALE 1:200 LEGEND 09 01 02 EXISTING BRICK FINISH TO REMAIN PAINT - COLOUR TO MATCH EXISTING BRICK SIGN BAND WITH INDIVIDUAL TENANT SIGNAGE, 0.6m HIGH x REQ'D LENGTH (33.4m MAX. OVERALL), INTERNALLY ILLUMINATED DIMENSIONAL LETTERS FUTURE SIGN BAND WITH TENANT SIGNAGE, 0.76m 10 03 PAINT - DARK BLUE 04 PAINT - WHITE 05 08 01 3 DP200 01 08 NORTH-WEST ELEVATION SCALE 1:200 08 01 07 3 DP200 02 06 07 02 SOUTH-EAST ELEVATION SCALE 1:200 ILLUMINATED BOX SIGN 11 INTERNALLY ILLUMINATED BOX SIGN PAINT - TAUPE 06 PROPOSED CANOPIES (TYPICAL) 07 PAINT - TO MATCH PROPOSED CANOPIES 08 PROPOSED FEATURE PYLONS WITH INTERNAL LIGHTING (TYPICAL) 08 12 13 SIGNAGE SCHEDULE ELEVATION SIGN # 09 SIZE (MAX. HEIGHT x MAX. WIDTH) AREA SOUTH-WEST TOTAL AREA WALL AREA 0.6m x (as req'd) (as req'd) NORTH-EAST % OF WALL TOTAL AREA COVERED 1.8% 10 0.76m x 6.1m " 1.3% 11 0.76m x 3.66m " 0.3% 12 2.1m x 4.4m " 0.7% 13 2.8m x 4.4m " 1.0% 14 1.55m x 10.4m " 1.4% WALL AREA NORTH-WEST % OF WALL TOTAL AREA COVERED 0 0 " 1.7% 0 " 0 0 " 0 0 " 0 0 " 0 WALL AREA SOUTH-EAST % OF WALL TOTAL AREA COVERED 0 WALL AREA % OF WALL COVERED 0 0 " 5.9% 0 " 0 0 0 " 0 0 " 0 0 " 0 0 " 0 0 " 0 0 " 0 0 " 0 0 " 0 PROJECT: 100 STOCK TON A VE. OKOTOKS, ALBERTA SHEET TITLE: MAIN FLOOR PLAN & ELEVATIONS PROGRAMMABLE LED READER BOX EXISTING INTERNALLY ILLUMINATED BOX SIGN TO SHEET #: 1636-DP-200 METRES SCALE: 14 EXISTING INTERNALLY ILLUMINATED BOX SIGN TO 1636 EXTERIOR RENO VATION 0 5 10 20 1:200 DESIGN BY: DRAWN BY: CHECKED BY: AD DO BD PLOT DATE: September 17, 2015 MPC Agenda Package 18/08/20 15 08:10 Page 43 September 17, 2015 MPC Agenda Package Page 44 Signage examples for 100 Stockton Avenue Concept example for image of pylons. The pylons for this project will be taller but approximately half the width and half the depth in size. Concept example for image of illuminated pylons at night. The pylons for this project will be taller but approximately half the width and half the depth in size. September 17, 2015 MPC Agenda Package Page 45 Concept example of individual letter signage proposed for the canopy signage.. September 17, 2015 MPC Agenda Package Page 46 September 17, 2015 MPC Agenda Package Page 47 September 17, 2015 MPC Agenda Package Page 48 September 17, 2015 MPC Agenda Package Page 49 September 17, 2015 MPC Agenda Package Page 50 September 17, 2015 MPC Agenda Package Page 51 September 17, 2015 MPC Agenda Package Page 52 Okotoks MPC September 17, 2015 Development Permit Application No.: Applicant/Owner: Location/Legal: Land Use Designation: Proposal: 163-15 Kids’ Stop Children’s Centre / 1684276 Alberta Ltd. 260-200 Southridge Drive / Lot 7,Block 1,Plan 051 0758 Gateway Commercial District (C-GATE) Child Care Facility (Day Care) and Outdoor Play Space with variance to parking History Kids’ Stop opened a Child Care Facility (Out of School Care) at 260-200 Southridge Drive under DP 151-13. The Day Care component of the business was located at 35 Riverside Drive W est until it was displaced by a fire earlier this year. Since then, the applicant has been seeking replacement space for the Child Care Facility (Day Care). A day care must have fenced outdoor play space to comply with provincial licensing regulations. The operator has leased bays 225 and 227 - 200 Southridge Drive, which is on a separate lot under different ownership than the building containing unit 260. That lot cannot accommodate outdoor play space anywhere on the site, so the operator applied under DP 151-15 to relocate the Out of School Care use from unit 260 to units 225 and 227, and proposes under this application to house the Day Care use at 260 - 200 Southridge Drive because there are opportunities to develop fenced play space in accordance with provincial requirements. Report A Child Care Facility is a discretionary use in the district with the same parking ratio as other uses in the shopping centre. The Development Officer is authorized to approve discretionary uses to occupy a building or bay for which a development permit has been issued. In the case of this application, the proposal is referred to the Municipal Planning Commission for consideration due to the additional parking variance created by occupying parking spaces that were approved under the development permit for the base building with a fenced play area. September 17, 2015 MPC Agenda Package Page 53 Page 2 – DPA 163-15 – Child Care Facility (Day Care) Approvals for Child Care Facilities are specific as to the type (day care, out of school care or pre-school), because of the requirement for an outdoor play space for day cares under provincial licensing. The site must be able to accommodate the outdoor play space, and a public park cannot be used as the designated outdoor play space for a commercial day care centre as the daily commercial use of the space would affect access to the park by other, neighborhood users. Occasional outings to local parks are expected and there are no restrictions on such public use. The proposed fenced play space is on the north end of the parking lot, away from a primary drive aisle, and there is little traffic in that part of the parking lot. This would reduce the available parking by 8 spaces, reducing the parking space ratio to 1 space per 19.14m 2 of gross floor area where 1/19m 2 is the target ratio under the W estmount Commercial Concept Plan and 1/17m 2 is the minimum ratio under the Land Use Bylaw. The variance is not expected to have a significant impact on parking availability as there is a cross parking agreement registered on all of the lots within Westmount Centre and the parking ratio is extremely close to the 1/19m2 target. A chart is provided in attachment 1. The property line between this lot and the lot to the east is shown on the photo below. There is a utility right of way along the east side of the lot, and a fence may cross a right of way perpendicular to it but may not be parallel within the right of way. The proposed location of the fence is on property line. September 17, 2015 MPC Agenda Package Page 54 Page 3 – DPA 163-15 – Child Care Facility (Day Care) A recommended condition requires protection of the fenced play space by use of bollards or jersey barriers or the like on the south side, due to the location of the play area in a parking lot. Plans for the safe movement of children from the building to the fenced play area will be addressed under the provincial licensing process. Appeal of the MPC’s decision lies to the Subdivision and Development Appeal Board. September 17, 2015 MPC Agenda Package Page 55 Page 4 – DPA 163-15 – Child Care Facility (Day Care) Recommendation: That Development Permit Application Number 163-15 for a Child Care Facility (Day Care) be approved with variances subject to the following conditions: 1. Development Conditions: a) The Developer shall construct the development in accordance with: i) all conditions of this approval; and ii) the site plan approved by the Municipal Planning Commission on September 17, 2015; b) The Developer shall: i) install bollards, jersey barriers or similar protection across the south side of the fenced play area to protect the space from encroachment by vehicles; to the satisfaction of the Development Officer; and c) The issuance of a development permit by the Town of Okotoks does not relieve the permit holder of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any regulation or act, which may affect this project. VARIANCE The following Section of the Land Use Bylaw is varied pursuant to Section 4.4.1 of the Land Use Bylaw: 1. Section 21A [Parking] to permit the development with 842 spaces where the minimum required is 939 spaces, a variance of 97 parking spaces. Section Section 21A.2 Parking Requirements in C-GATE District LUB Requirement 2 1sp/17m 939 spaces Proposal 842 spaces Reasons The requirement reflects the total site parking based on the Land Use Bylaw ratio of 1/17m2. The total parking available amounts to a ratio of 1/19.14m2 where the Concept Plan target parking ratio is 1/19m2. The Development is within a shopping centre, where typically cross parking will occur. Attachments: 1. Summary of Proposal and Land Use Bylaw Requirements 2. DPA 163-15 Prepared by: Planning Team (ct) September 4, 2015 September 17, 2015 MPC Agenda Package Page 56 Page 5 – DPA 163-15 – Child Care Facility (Day Care) ATTACHMENT #1 DPA 163-15 Lot 7, Block 1, Plan 051 0758 260-200 Southridge Drive Gateway Commercial District (C-GATE) Relevant Sections of the Land Use Bylaw: Section 4.4.0 Section 4.5.0 Section 9.3.0 Section 9.20.0 Section 21A Section 30 Discretion of the Development Authority Issuance of Development Permits and Notices Parking and Loading Facilities Private Vehicle and Pedestrian Facilities Gateway Commercial District (C-GATE) “Child Care Facility” “Child Care Facilities” means those facilities used for the temporary supervision, care or instruction of 7 or more children by an individual other than the child’s parent or guardian, in accordance with the Child Care Licensing Act, SA 2007. This use includes but is not limited to day care, out of school care and pre-schools. Uses Child Care Facilities DPA For 136-06 BMO – Lot 9 157-06 Retail/Eating Lot 9 Retail/Eating Lot 7 Retail/Eating Lot 8 Retail/Eating 118-07 164-07 166-12 1000-200 & 239 Westland St 163-15 Total District Use Lists Discretionary Minimum LUB Proposal Over/ Ratio Requireme Requirem Under nts ent (LUB) 603.85m 2 36 26 -10 1/23.2 1332.96 79 83 +4 1/16.1 2209.8m 2 130 128 -2 1/17.26 2169m 2 128 126 -2 1/17.21 5088m 2 296+ stacking 227+43 =270 282+ stacking 154+51 =205 -14 1/18.04 -65 1/22.9 Medical/Offices & Daycare (130 kids) 3851m 2+ 863m 2 =4714m 2 Child Care Facility (Day Care) Lot 7 2209.8m2 130 120 -10 1/18.42 16,117.6 m 2 939 842 -97 1/19.14 September 17, 2015 MPC Agenda Package Page 57 5.8m 18m DPA 163-15 – 260-200 Southridge Drive Kids’ Stop – Child Care Facility (Day Care) Fenced Play Area: 18m x 5.8m = 104.4m 2 SITE PLAN September 17, 2015 MPC Agenda Package Page 58 KIDS' STOP XXXXXX September 17, 2015 MPC Agenda Package Page 59 September 17, 2015 MPC Agenda Package Page 60 Okotoks MPC September 17, 2015 Development Permit Application No.: Applicant/Owner: Location/Legal: Land Use Designation: Proposal: 130-12 Amendment Rick Balbi Architect Ltd. / 1570560 Alberta Ltd. 4 Westland Road / Lot 11, Block 2, Plan 141 3166 Highway Commercial District (C-HWY) Site Plan Amendment History DP 130-12 for construction of the new Ford dealership building at 4 Westland Road was approved by the MPC on May 17, 2012. Amendments were approved on January 24, 2013 for various site, floor plan and elevation changes; March 14, 2014 for revisions to the garbage and recycling enclosure; and November 14, 2014 for as-built site changes and change of use of the existing building to an automotive repair and service shop. During the post-construction landscaping inspection in May, 2015, a new staircase, opening in the post and cable fence, and walkway were found to have been developed in the southwest part of the site leading to Westland Road. The walkway has since been developed in asphalt, where the standard for walkways in a boulevard is concrete. May 27, 2015 September 17, 2015 MPC Agenda Package Page 61 Page 2 – DP 130-12 Amendment – Fence and Stairs The site plan approved by the MPC did not show a walkway at this location. After the work was observed, the matter was referred to other departments for internal review to determine whether an amendment to allow the stairs and walkway to remain could be supported. The amendment was not supported for the reasons outlined below, and the Developer was asked to remove the stairs and walkway. The installation has not been removed, and an amendment application was submitted on August 27, 2015. Report Planning considerations include: - - - - The steps lead onto a public boulevard with no sidewalk system on the dealership side of the road. The steps were installed at a point where the road makes a 90 degree bend, encouraging inappropriate on-street parking activity (angle parking in a bulb) on a relatively narrow road, largely by dealership personnel parking on the roadway and accessing the site at this location. This road is a residential road design where parking on both sides compresses the space within the road for vehicle movements, especially when vehicles are angle parked on a curve. All parking on a roadway is to be parallel unless otherwise posted or marked. The DP approval contemplates all activities associated with the site (vehicle display, customer parking, staff parking) occurs on site to minimize off-site impacts such as onstreet parking. Although significant staff parking has been identified on the approved site plan (115 staff/service spaces, 33 customer-only spaces, 122 inventory/display around the site perimeter plus 32 internal to the site), the majority of those spaces appear to be occupied by vehicles offered for sale. The presence of the stairway facilitates the parking by staff on a public road when, according to the approved site plan, the parking for staff was to have been provided on-site. The stairway formalizes a route that encourages mid-block crossing and shortcutting through a commercial site without adequate pedestrian connections. The fence opening and stairs leading up to the roadway encourage pedestrians to cross Westland Road at the centre of a bulb, on a sharp curve with limited visibility. These factors create concerns respecting access to the adjacent multi-unit residential site for fire protection, added need for enforcement of on-street parking legislation in this location and, most importantly, compromising pedestrian safety by approving a pedestrian access link to the roadway at a location between intersections, where driver visibility is known to be compromised by road design (sharp curve and bulb) and parking patterns (angle to the bulb). September 17, 2015 MPC Agenda Package Page 62 Page 3 – DP 130-12 Amendment – Fence and Stairs Appeal of the MPC’s decision lies to the Subdivision and Development Appeal Board. September 17, 2015 MPC Agenda Package Page 63 Page 4 – DP 130-12 Amendment – Fence and Stairs Recommendation: That the application to amend the approved site plan for Development Permit Number 130-12 by adding stairs, a paved walkway and a fence opening for pedestrian access from Westland Road be refused for the following reasons: 1. The design does not conform to good Planning practice in that the location and design of the pedestrian link compromise pedestrian safety: a) The pedestrian link connects a commercial development directly to on-street parking on a roadway with no pedestrian walkway on the same side of the road; b) The presence of a pedestrian access link encourages mid-block crossing to and from the existing public sidewalk and parking on the opposite side of Westland Road; and c) The pedestrian access link meets the roadway between intersections, at the centre of a sharp curve within a bulb, where driver visibility is significantly compromised by road design; this effect is exacerbated when there are vehicles parked on the road; and further, that the existing stairs and walkway be removed and the site be restored to conform to the site plan and landscaping plan approved under DP 130-12 no later than October 16, 2015. Attachments: 1. Application to Amend DP 130-12 Prepared by: Planning Team (ct) September 2, 2015 September 17, 2015 MPC Agenda Package Page 64 Í×ÌÛ ×ÒÚÑÎÓßÌ×ÑÒ ÔÛÙßÔ ÜÛÍÝÎ×ÐÌ×ÑÒæ ÔÑÌ ïïô ÞÔÑ ÝÕ îô ÐÔß Ò ïìï íïêê ÔßÒÜ ËÍÛæ Ý óØÉÇ Þ×Ù ÎÑÝÕ ÌÎß×Ô Í×ÌÛ ßÎÛß o ïòçêí Ø¿ øïç êíïòïî³î÷ íìëð ó ì謸 ߪ»²«» ÍòÛò Ý¿´¹¿®§ô ß´¾»®¬¿ ÌîÞ íÔê иæ øìðí÷ îéç ó ëëíí Ú¿¨æ øìðí÷ îíê ó ïéêî Û󳿷´æ ¾¿®¶¿½à¬»´«ò²»¬ ÛÈ×ÍÌò ÔòÑòÙò ÐñÔ ã ëçòðç ÐñÔ ã ìðòìë ÐñÔ ã îêòéé ÛÈ ÔòÐò êòð³ ÚÎÑÒÌ ÍÛÌÞßÝÕ Î·½µ Þ¿´¾· ß®½¸·¬»½¬ Ô¬¼ò ëçïé ó ïþßþ ͬ®»»¬ ÍòÉò Ý¿´¹¿®§ô ß´¾»®¬¿ ÌîØ ðÙì иæ øìðí÷ îëí ó îèëí Ú¿¨æ øìðí÷ îëí ó íðéè ¹»²» ®¿´à®¾¿ ´¾·ò½¿ ïðòë³ ÎñÉ ÐÔßÒ èïï ðêì í ÔÑÌ ç ÞÔÑÝÕ î ÐÔßÒ èïï ðêìî ÔÑÌ ïð ÞÔÑÝÕ î ÐÔßÒ èïï ðêìî ÔÑÌ è ÞÔÑÝÕ î ÐÔßÒ èïï ðêìî ÛÈ×ÍÌ×ÒÙ ÐÎÛóÑÉÒÛÜ ÊÛØ×ÝÔÛÍ ÞË×ÔÜ×Ò٠Ю±¶»½¬æ ÑÕÑÌÑÕÍ ÚÑÎÜ ÐñÔ ã ïïòðï íòê³ ÎñÉ ÐÔßÒ èïï ðêìí ÐñÔ ã êòíð ÛÈ×ÍÌ×ÒÙ ßËÌÑÓÑÌ×ÊÛ ÜÛßÔÛÎÍØ×Ð çðð ©ò ÐÎÛÝßÍÌ ÍÌÛÐÍ úÉßÔÕ êòð³ ÚÎÑÒÌ ÍÛÌÞßÝÕ ÐñÔ ã ííòèç ÐñÔ ã ïíòðì ÚÔßÎÛÜ ßÍÐØßÔÌ ÔßÒÜ× ÒÙ ÐÛÜÛÍÌÎ×ßÒ ÝÑÒÒÛÝÌ×ÑÒ ÛÈ×ÍÌ×ÒÙ ÐÑÍÌ ú ÝßÞÔÛ ÚÛÒÝÛ ì ÉÛÍÌÔßÒÜ ÎÜô ÑÕÑÌÑÕÍ ÔÑÌ é ÞÔÑÝÕ î ÐÔßÒ èïï ðêìî ÔÑÌ îí ÞÔÑÝÕ í ÐÔßÒ èïï ðêìî λª··±²æ Í×ÌÛ ÐÔßÒ ÍÝßÔ Ûæ ï æ ìð ð ð³ ë³ ïð³ îð³ ÔÑÌ ê ÞÔÑÝÕ î ÐÔßÒ èïï ðêìî ×ÒÜ×ÝßÌÛÍ ÍÝÑÐÛ ÑÚ ßÐÐ Ô×ÝßÌ×ÑÒ ÛÈ ÔòÐò Ü®¿© ·²¹ Ì·¬´»æ Í·¬» д¿² ÖÑÞ Ò±ò ïîóðîé ÜßÌÛæ ßËÙò ïðñïî ÜÎ ßÉÒæ September 17, 2015 MPC Agenda Package ÓÓ ÜÐï Page 65 September 17, 2015 MPC Agenda Package Page 66 September 17, 2015 MPC Agenda Package Page 67 MPC September 17, 2015 BYLAW 19-15 FOR LAND USE BYLAW AMENDMENT ISSUE Application has been made to amend the Land Use Bylaw to allow site specific discretionary uses of retail stores and retail stores - warehouse on Lot 5, Block 1, Plan 081 0538 (109 Southbank Boulevard) within the South Business Industrial District (I-1S). A draft bylaw has been prepared and is referred to MPC for a recommendation to Council. REPORT The application for land use bylaw amendment was made by the landowner, 1798089 Alberta Ltd., to allow for retail stores or retail stores - warehouse to be developed on the subject site. Retail stores and retail stores - warehouse are not listed uses under the current designation of South Business Industrial District (I-1S). A draft land use bylaw amendment has been prepared based on the application and is included as Attachment 1. Subject Site September 17, 2015 MPC Agenda Package Page 68 History The subject lot was created as part of Phase 1 of the Southbank Business Park. The subject site was designated as South Business Industrial District (I-1S) on January 28, 2008, which established the I-1S District as well as the adjacent C-GATE District area, the Southbank Commercial Centre. The subject lands are partially developed under Development Permit 123-14 for a 1,916 m² office building, which was approved by Municipal Planning Commission on May 15, 2014 with amendments to the building elevations approved on June 19, 2014. The approved site plan identified a future second office building at the front of the site to be applied for and developed at a later time. Policy Considerations The South Saskatchewan Regional Plan (SSRP) does not contain any specific direction that needs to be considered for this application. The proposed amendment was circulated to the MD of Foothills No. 31 in accordance with the Intermunicipal Development Plan (IDP). The MD has indicated that they have no concerns with the proposal at this time. The IDP specifies that industrial development within the Town of Okotoks should be evaluated according to conformity with Town policies for industrial development. The subject lands are identified within the southeast Commercial/Industrial Land Use area under the MDP (MDP, Page 67, Figure 8), which specifies a commercial centre of approximately 16 net hectares and a surrounding high intensity employment (industrial) centre. The South Okotoks Area Structure Plan (SOASP) also identities a commercial component and industrial lands in the southeast Okotoks area. The commercial centre in these plans specifically identifies the comprehensively designed Southbank Commercial Centre and the adjacent lands would provide for high intensity employment industrial type uses with typically lower parking demands. The MDP Industrial land policies does provide provision for a limited range of commercial uses being permitted in industrial park developments to serve persons employed in these developments or to provide for commercial developments not suitable elsewhere in Town. However, retail stores and retail stores - warehouses can easily be accommodated within the existing Southbank Commercial Centre or in other commercial centres in Okotoks, such as the Westmount Commercial Centre. The subject site is identified as I-1S District in the approved Outline Plan for the area (Attachment 2). The adjacent commercial lands (C-GATE), Southbank Commercial Centre, is comprehensively designed through an approved Commercial Concept Plan (Attachment 3). These lands are designed around the provisions of the C-GATE District September 17, 2015 MPC Agenda Package Page 69 to provide a commercial retail area, where as the industrial lands are focussed on the intent of the I-1S District. Under the Land Use Bylaw, the purpose and intent of the I-1S district is to provide for prestige, high quality light to medium industrial and office development in a comprehensively planned industrial park consistent with the Municipal Development Plan with perimeter parcels developed in a manner that is aesthetically compatible with adjacent land uses and public thoroughfares. Development within this district is to be characterized by pedestrian connections to and between buildings, minimal outdoor activities and uses that contribute to a Sustainable Okotoks. Retail store is defined as a building where goods, wares, or merchandise are stored, offered or kept for sale or rental and includes storage on or about the store premises of limited quantities of such goods, wares, or merchandise sufficient only to service such store but does not include any retail outlet otherwise listed or defined in this Bylaw. This use class includes, but is not limited to, second hand shops, liquidation stores, food stores, drug stores, clothing stores, sporting goods stores, private lending libraries and other similar uses but does not include adult entertainment uses. Retail store - warehouse is defined as a development used for the retail sale of a limited range of bulky goods from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. This use class includes developments where principal goods being sold are such bulky items as furniture, carpet, major appliances, and building materials. This use class does not include developments used for the retail sale of food or a broad range of goods for personal or household use. Retail stores and retail stores - warehouse are listed uses in the Business Industrial District (I-1) and the General Industrial District (I-2). Retail stores - warehouse are also a listed use in the I-3 Industrial District. However, the I-1S District was specifically designed to not include these uses when it was adopted in 2007 to encourage medium industrial and office development in this area. The previous I-2 designation for the lands that had allowed for a limited amount of commercial uses was replaced with C-GATE and I-1S designations to provide for a comprehensive commercial retail site as well as business and industrial uses in order to provide a good mix of commercial, business, and industrial uses for the area. Essentially, the intent was to focus retail uses to the CGATE and C-HWY lands within the Southbank Business Park where comprehensive site design issues, such as parking and traffic generation are planned for across the site. Other Considerations The Okotoks Social Wellness Framework identifies fourteen specific recommendations for action in improving social wellness of the community. Considerations under this framework convey the need for more career-oriented job opportunities in Okotoks and concern over the predominance of retail and service positions in Town. Allowing for September 17, 2015 MPC Agenda Package Page 70 retail uses in the lands intended for business and industrial uses erodes the land supply for these uses without contributing towards more diverse job opportunities. There are limited industrial lands within the Town that do not already have compatibility issues for industrial businesses and the inclusion of retail stores within the I-1S may further reduce industrial businesses from locating within the Town. This amendment could also potentially encourage additional applications for retail uses in this area. The subject site was designed and built around the existing provisions of the I-1S District for offices under Development Permit 123-14. The approved site plan (Attachment 4) identifies the existing office building at the rear of the site as well as a future office building at the front of the site. The site is designed around the I-1S District parking provisions for offices, which are lower parking provisions then the adjacent retail uses in the C-GATE District. Although additional parking beyond the minimum requirements for offices in the I-1S District (1space/37m²) was provided, there is not sufficient parking onsite to meet the 1 space/17m² for retail stores as specified in the neighbouring C-GATE district. The existing road network and previous transportation analysis was predicated on the site maintaining industrial uses or business uses with lower traffic generation demands than retail development. Although the Applicant is proposing that the retail stores that would go into the site will have lower parking demands from the adjacent commercial centre, once retail stores are approved for the site, any operation that fits the definition of a retail store could be developed on this site. The rational provided by the Applicant is included as Attachment 5. They have indicated the site provides a transition from intensive retail uses in the C-GATE district to less intensive specialized retail uses within the subject site that would have a lower parking requirement. The existing provisions of the I-1S District are intended to ensure an appropriate transition between commercial areas, the river valley, and other adjacent land uses and the addition of retail uses at this site will expand the retail area as opposed to transitioning from retail to industrial. Circulation Comments The proposed land use redesignation was circulated to public utility providers, the MD of Foothills No. 31, Alberta Transportation, and Alberta Health Services for comment by September 6, 2015. No concerns or objections to the proposed Land Use Bylaw amendment were identified and comment letters received are included as Attachments 6 and 7. Summary Administration does not support the application for site-specific amendment to add retail stores and retail stores-warehouse to the I-1S District for the following reasons: September 17, 2015 MPC Agenda Package Page 71 Additional retail land uses at this location does not contribute to employment diversification objectives of the Town, including direction under the Social Wellness Framework or economic diversification strategies Retail land uses are not listed in the I-1S District to encourage medium industrial and office development in this area and redesignating the subject site will contribute to erosion of limited business industrial land supply This change may create a precedent for additional requests for retail uses in the I-1S District lands The added vehicle volumes will put excessive pressure on the adjacent roadway and nearby intersections, which are constructed to industrial and not commercial standards Retail land uses should be subject to the same parking standard as the adjacent development (C-GATE) of 1space/17m² The applicant was advised of Administration’s concerns with the proposed amendment and has opted to proceed with the application. Bylaw 19-15 will be on the Council agenda for consideration of first reading on September 14, 2015. A public hearing has been tentatively scheduled for September 28, 2015. The hearing would be advertised in the Western Wheel on September 16th and 23rd in accordance with the Municipal Government Act. Adjacent landowners will also be notified directly by mail as the amendment is specific to one property. RECOMMENDATION That Council be advised that the Municipal Planning Commission does not support Bylaw 19-15 as proposed or a site-specific amendment to the I-1S District to add retail stores and retail stores-warehouse for the following reasons: • Additional retail land uses at this location does not contribute to employment diversification objectives of the Town, including direction under the Social Wellness Framework or economic diversification strategies • Retail land uses are not listed in the I-1S District to encourage medium industrial and office development in this area and redesignating the subject site will contribute to erosion of limited business industrial land supply • This change may create a precedent for additional requests for retail uses in the I1S District lands • The added vehicle volumes will put excessive pressure on the adjacent roadway and nearby intersections, which are constructed to industrial and not commercial standards • Retail land uses should be subject to the same parking standard as the adjacent development (C-GATE) of 1space/17m² and there is insufficient space to accommodate this parking standard on the site September 17, 2015 MPC Agenda Package Page 72 Attachments: 1. Draft Amending Bylaw 2. Outline Plan 3. Southbank Commercial Concept Plan 4. DP123-14 Site Plan 5. Applicant’s Submission 6. Alberta Health Services Response Letter 7. Alberta Transportation Response Letter Prepared by: Planning Services Team (CG) September 10, 2015 September 17, 2015 MPC Agenda Package Page 73 BYLAW 19-15 A BYLAW OF THE TOWN OF OKOTOKS IN THE PROVINCE OF ALBERTA TO AMEND THE LAND USE BYLAW 40-98 WHEREAS pursuant to the provisions of Part 17, Division 5 of the Municipal Government Act, Revised Statutes of Alberta 2000, and amendments thereto, the Council of the Town of Okotoks (hereinafter called Council) has adopted the Land Use Bylaw; and WHEREAS Council deems it desirable to amend the Land Use Bylaw; and WHEREAS notice of the intention of Council to pass a bylaw has been given in accordance with Section 606 of the Municipal Government Act. NOW THEREFORE Council enacts that the Land Use Bylaw is amended as follows: 1. Section 23A [South Business Industrial District (I-1S)] is amended by adding the following new subsection: 23A.2.3 Additional Discretionary Uses if they are located on the lands described as Lot 5, Block 1, Plan 081 0538 as shown on the sketch map below: Retail Stores Retail Stores – Warehouse September 17, 2015 MPC Agenda Package (1 space/25 m²) (1 space/25 m²) Page 74 Bylaw 19-15 Page 2 of 2 2. This Bylaw shall come into full force and effect upon third and final reading, and Bylaw 40-98 and any amendments thereto are hereby amended upon this Bylaw coming into effect. READ A FIRST TIME this day of READ A SECOND TIME this day of READ A THIRD TIME AND PASSED this , 2015. , 2015. day of , 2015. _____________________________ Mayor _____________________________ Municipal Secretary September 17, 2015 MPC Agenda Package Page 75 Categories Southbank Industrial District (I-1S) Gateway Commercial District (C-GATE) Roads Total ha acs 23.07 16.14 4.77 43.98 57.01 39.89 11.78 108.68 % 52.5% 36.7% 10.8% 100% September 17, 2015 MPC Agenda Package Page 76 September 17, 2015 MPC Agenda Package Page 77 September 17, 2015 MPC Agenda Package Page 78 September 17, 2015 MPC Agenda Package Page 79 September 17, 2015 MPC Agenda Package Page 80 Environmental Public Health Aug 14, 2015 Town of Okotoks - Planning Services Box 20 5 Elizabeth Street Okotoks, AB T1S 1K1 Re: Site: Legal Location: 109 Southbank Boulevard Lot 5, Block 1, Plan 081 0538, SW 22-20-29-W4M Thank you for inviting our comments concerning the above referenced application. It is our understanding that the proposed application is for a land use re-designation to allow for retail stores and warehouses as discretionary uses for the site. Alberta Health Services (AHS) would like to make the following comments for your consideration: 1. AHS has no concerns at this time provided the development and properties are maintained in accordance with the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003 which stipulates, No person shall create, commit or maintain a nuisance. A person who creates, commits or maintains any condition that is or might become injurious or dangerous to the public health or that might hinder in any manner the prevention or suppression of disease is deemed to have created, committed or maintained a nuisance 2. If any evidence of contamination or other issues of public health concern are identified at any phase of development, AHS wishes to be notified. If you have any questions or concerns, please do not hesitate to call 403-995-2648 or e-mail [email protected] Sincerely, Teni Zetlian, CPHI(C) Public Health Inspector Alberta Health Services – Okotoks AIRDRIE Regional Health Centre 604 Main Street South Airdrie, AB T4B 3K7 Phone: 403-912-8400 Fax: 403-912-8410 BANFF Health Unit 303 Lynx Street PO Box 1266 Banff, AB T1L 1B3 Phone:403-762-2990 Fax: 403-762-5570 CALGARY - Southport Atrium 10101 Southport Road SW Calgary, AB T2W 3N2 Phone:403-943-2288 Fax: 403-943-8056 CANMORE Public Health #104, 800 Railway Avenue Canmore, AB T1W 1P1 Phone: 403-678-5656 Fax: 403-678-5068 CLARESHOLM Health Unit 5221 2nd Street W PO Box 1391 Claresholm, AB T0L 0T0 Phone: 403 625-4061 Fax: 403-625-4062 COCHRANE Community Health Centre 60 Grande Boulevard Cochrane, AB T4C 0S4 Phone: 403-851-6000 Fax:403- 851-6009 OKOTOKS Health and Wellness Centre 11 Cimarron Common Okotoks, AB T1S 2E9 Phone: 403-995-2600 Fax: 403-995-2639 STRATHMORE Public Health Office 650 Westchester Road Strathmore, AB T1P 1H8 Phone: 403-361-7200 Fax: 403-361-7244 www.albertahealthservices.ca/eph.asp September 17, 2015 MPC Agenda Package Page 81 September 17, 2015 MPC Agenda Package Page 82 September 17, 2015 MPC Agenda Package Page 83 DPA # 159-15 Amend 130-12 160-15 161-15 162-15 163-15 164-15 Description Unenclosed Deck Zoning R-1 Lot 52 Block 8 Plan Address 061 3137 503 Westmount Close Date Rec'd 11-Aug-15 Amendment to Site Plan Enclosed Decks Change of Use from Retail Store to Recreational Facility - Private Home Occupation (Minor) Dog Breeding Kennels Child Care Facility (Daycare) Accessory Building (Detached Garage) C-HWY R-2 11 38 2 5 141 3166 4 Westland Road 061 1252 357 Crystal Green Rise 28-Aug-15 28-Aug-15 I-2 3 4 801 0201 119 Fisher Street 26-Aug-15 R-1 C-GATE R-1S 73 7 90 25 1 33 041 3822 186 Cimarron Park Circle 051 0758 260 - 200 Southridge Drive 101 5023 335 Cimarron Vista Way 31-Aug-15 2-Sep-15 4-Sep-15 September 17, 2015 MPC Agenda Package Page 84 REPORTS TO COUNCIL SUMMARY FOR MUNICIPAL PLANNING COMMISSION INFORMATION COUNCIL MEETING OF AUGUST 17, 2015 (Minutes are Unadopted) Chief Administrative Officer’s Report: Gas Pipeline Setback Development Services – High Pressure Issue In follow-up to recent enforcement action respecting removal of a covered deck constructed within a high pressure natural gas pipeline setback, the following context is provided for information. MOTION: By Councillor Heemeryck that Council accepts the Planning Report from the CAO Report #14-15 regarding High Pressure Gas Pipeline Setbacks as information, and that the matter be referred to the Municipal Planning Commission for review and possible changes to the Land Use Bylaw. Carried Unanimously Town of Okotoks Active Transportation Strategy Issue The Town of Okotoks Active Transportation Strategy is presented to Council for endorsement. MOTION: By Councillor Rockley that the Town of Okotoks Active Transportation Strategy be endorsed as presented; and That a one year anniversary meeting be scheduled with the members of the Active Transportation Committee. Carried Unanimously September 17, 2015 MPC Agenda Package Page 85 Application for Encroachment Agreement Issue An application has been received for a Utility Right of Way Amending Agreement (Encroachment Agreement) to allow the continuing encroachment of concrete steps above grade into a Utility Right of Way. MOTION: By Councillor Thorn that Council amend the Encroachment Policy by adding the following text to Section 6.1: “Steps may be incorporated into sidewalks where necessary to transition from one elevation to another and provide safe access to a site. This does not include steps to access the entrance of a building from the sidewalk or finished grade”; and As a result of the Encroachment Policy amendment, that the existing steps above grade within Utility Right of Way Plan 081 0907 at 20 Westfall Drive/ Lot 13, Block 10, Plan 081 0906 be allowed to remain without requirement for an encroachment agreement. Carried Unanimously September 17, 2015 MPC Agenda Package Page 86