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
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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
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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
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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
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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
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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
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




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
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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
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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%
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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
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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
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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
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