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, NOVEMBER 20, 2014 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 October 16, 2014 SUBDIVISION APPLICATIONS C.1. D File D11-SB13 – Southbank Business Park Phase 5 Applicant/Owner: Lovse Surveys Ltd. / Tristar Communities Inc. and the Town of Okotoks Address/Legal: Southbank Business Park / Portions of Area ‘A’, Plan 061 0944 and Block 1, Plan 1831 LK DEVELOPMENT PERMIT APPLICATIONS D.1. Development Permit Application 127-14 Amendment Applicant/Owner: Sarka Hojda Address/Legal: 79 Sheep River Crescent / Lot 125, Block 1, Plan 991 1454 Zoning: R-1, Residential Single Detached District Proposal: Amendment to DP 127-14 by removing Condition 1.c. D.2. Development Permit Application 161-14 Applicant/Owner: Dean and Shelly Barber Address/Legal: 92 Okotoks Drive / Lot 66, Block 31, Plan 751 0999 Zoning: R-1, Residential Single Detached District Proposal: Studio suite with variances November 20, 2014 MPC Agenda Package Page 1 Page 1 E STATUTORY PLANS AND BYLAWS None F FURTHER BUSINESS F.1. G I-3 District Design Guidelines INFORMATION REGARDING DEVELOPMENT MATTERS G.1. G.2. Development Permit Application List Reports to Council – October 14, 2014 Municipal Manager’s Report - Corporate Services: Calgary Regional Partnership Council Update – September Board Meeting Municipal Manager’s Report - Corporate and Strategic Services: Community Vision Consultation Bylaw 22-14: Second and Third Readings Reports to Council – October 27, 2014 Municipal Manager’s Report - Corporate and Strategic Services: Community Vision Consultation Reports to Council – November 10, 2014 (Minutes are Unadopted) Municipal Manager’s Report - Planning Services: Studio Suites Operations Centre Expansion Phase 1 – Design-Build Contract Award Centre Avenue Conceptual Design Changes Okotoks Air Ranch Master Agreement Councillor Inquiries: Councillor Rockley These items are provided as information. H MONTHLY UPDATES I ADJOURNMENT November 20, 2014 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, OCTOBER 16, 2014 IN THE OKOTOKS MUNICIPAL CENTRE COUNCIL CHAMBER COMMITTEE MEMBERS Councillor Carrie Fischer, Vice Chair Councillor Ken Heemeryck Joel Armitage Matt Barciak Darren Flood Merlin MacNaughton ABSENT Claudia Kreplin STAFF PRESENT Colleen Thome, Development Officer Karen Humby, Recording Secretary A AGENDA A.1. Call to Order Vice Chair Fischer called the meeting to order at 6:58 p.m. A.2. Adoption 14.MPC.108 MOTION: By J. Armitage that the agenda be adopted as presented. Carried Unanimously B MINUTES OF PREVIOUS MEETING B.1. Municipal Planning Commission Minutes – September 18, 2014 14.MPC.109 MOTION: By D. Flood that the minutes of the Municipal Planning Commission held September 18, 2014 be adopted as presented. Carried Unanimously November 20, 2014 MPC Agenda Package Page 3 Unadopted Municipal Planning Commission Minutes – October 16, 2014 Page 2 of 4 C SUBDIVISION APPLICATIONS None D DEVELOPMENT PERMIT APPLICATIONS D.1. Development Permit Application 155-14 Applicant/Owner: Town of Okotoks Address/Legal: 1112 North Railway Street / NE¼ 21-20-29 W4M Zoning: PS, Public Service District Proposal: Public and Quasi-Public Buildings, Installations and Facilities The Applicant was not in attendance. C. Thome, Development Officer, reviewed the report. 14.MPC.110 MOTION: By J. Armitage that Development Permit Application Number 155-14 for a “Public or Quasi-Public Building, Facility and Installation” (fabric covered Quonset, 167.23m²) be approved subject to the following conditions: 1. E Development Conditions: a) The Developer shall construct the development in accordance with: i) all conditions of this approval; and ii) the site and elevation plans approved by the Municipal Planning Commission on October 16, 2014; b) The Developer shall: i) develop the site in accordance with Section 9.11.0 Land Subject to Flooding, including providing a comprehensive Planning and Hydrological Report if deemed required at the recommendation of Alberta Environment; 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. Carried Unanimously STATUTORY PLANS AND BYLAWS None November 20, 2014 MPC Agenda Package Page 4 Unadopted Municipal Planning Commission Minutes – October 16, 2014 F FURTHER BUSINESS F.1. Election of Chair for Municipal Planning Commission in November Page 3 of 4 Discussion took place that the election of Chair for the Municipal Planning Commission would be held in January in accordance with the Municipal Planning Commission Bylaw. F.2. Quorum for December 18, 2014 Municipal Planning Commission Meeting C. Thome, Development Officer, queried the members regarding quorum for the December 18, 2014 Municipal Planning Commission meeting. All members present indicated that they are able to attend on that date. 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. G.2. Reports to Council – September 22, 2014 (Minutes are Unadopted) The following reports, which were presented to Council by Planning Services, were provided to the Commission for information: Municipal Manager’s Report: Corporate Strategies – Community Vision Consultation Bylaw 22-14: First Reading Bylaw 21-14: Second Reading 14.MPC.111 MOTION: By M. Barciak that items G.1 and G.2 be received as information. Carried Unanimously November 20, 2014 MPC Agenda Package Page 5 Unadopted Municipal Planning Commission Minutes – October 16, 2014 H Page 4 of 4 MONTHLY UPDATES Verbal updates on pending applications were provided at the meeting, including: C. Thome, Development Officer, provided an overview of the process mapping workshop which was held on October 8, 2014. Attendees included representatives from the development industry, Planning Services, Engineering Services and Parks. A follow-up meeting will be held to review the draft process map changes before presenting them to the developers at a future meeting. C. Thome, Development Officer, reported that an application for extension of DP 127-14, a Home Occupation (Major) at 79 Sheep River Crescent has been received by Planning Services, and will be presented at the November 20, 2014 Municipal Planning Commission meeting. C. Thome, Development Officer, reported that a court date has not been set for the Appeal of the Child Care Facility at 119 Drake Landing Loop (DP 140-12). C. Thome, Development Officer, reported that an application for an Eating and Drinking Establishment at 55 Riverside Gate has been received by Planning Services. As the site is zoned Direct Control, and development authority has not been delegated to the Municipal Planning Commission or the Development Officer, the application will be decided by Council. C. Thome, Development Officer, reported a Preliminary Application for three commercial buildings at 8 Banister Gate has been received by Planning Services. The preliminary application will be reviewed internally at the November Development Permit Application meeting. As the site is zoned Direct Control, and development authority has not been delegated to the Municipal Planning Commission or the Development Officer, any formal application, when received, will be decided by Council. I ADJOURNMENT 14.MPC.112 MOTION: By M. MacNaughton that the meeting adjourn at 7:29 p.m. Carried Unanimously Councillor Fischer, Vice Chair November 20, 2014 MPC Agenda Package Karen Humby, Recording Secretary Page 6 MPC November 20, 2014 File No: D11-SB13 PROPOSAL: LOCATION: APPLICANT: OWNER: Southbank Business Park Phase 5 Southbank Business Park | Portions of Area ‘A’ Plan 061 0944 and Block 1 Plan 1831LK Lovse Surveys Ltd. Tristar Communities Inc. and Town of Okotoks 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 October 1, 2014 and a decision must be rendered by November 30, 2014. REPORT The subject lands are located in the Southbank Business Park and the parent title is legally described as a portion of Block 1, Plan 1831LK and a portion of Area ‘A’, Plan 061 0944. The portion of closed road is currently owned by the Town of Okotoks but will be turned over to Tristar Communities with registration of this phase as part of a previous land exchange agreement for the 32nd Street road right-of-way. The purpose of this application is to create 2 South Business Industrial (I-1S) lots. The subdivision is consistent with the Land Use Bylaw, the South Okotoks Area Structure Plan, the Municipal Development Plan, and the approved Outline Plan for the area (Attachment 2). Issues that must be addressed through subdivision conditions to ensure compliance with Town of Okotoks subdivision development policies, standards and practices include: Engineering Design and Related Encumbrances 1. Southbank Crescent road right-of-way adjacent to this phase was dedicated and designed with Southbank Phase 2. The deep utilities were installed but construction on the surface (i.e. roadway and sidewalks) was deferred until the roadway was needed for access, with performance securities being held back for this purpose. Given that the lands to the north of the subject area are not being developed at this time, Administration recommends that a strategy be developed with the detailed engineering in order to address the following issues: a) A temporary connection to the old Highway 2A road right-of-way to the east of Southbank Crescent to provide public access to this road. The old highway right-ofway was previously closed by bylaw but there is an access easement on the lands that allows the road to be used for access to the Burnco Plant to the east of the subject lands as well as public travel. November 20, 2014 MPC Agenda Package Page 7 D11-SB13 | Southbank Phase 5 Report Page 2 of 6 b) A temporary access strategy to the temporary road that was constructed by Canadian Pacific Railway to provide access for flood mitigation work if this road continues to be needed by CPR. The current road is constructed through the closed road right-of-way that is intended to be consolidated into Lot 13, Block 2 as part of this subdivision. The road will need to be relocated to within the CPR lands if it continues to be required or decommissioned. c) A strategy to minimize unauthorized access onto CPR lands or to the Sheep River through temporary gates, barricades, and/or fencing in consultation with CPR. 2. An existing ATCO Pipelines high pressure gas pipeline is located within the closed road right-of-way that is being consolidated into proposed Lot 13, Block 2. ATCO Pipelines has requested a 15 m right-of-way to protect the pipeline (Attachment 7), which is located along the CPR lands at the north end of the proposed lot. Approximate location of ATCO High Pressure Pipeline CPR constructed access road for flood mitigation work Portion of CPR access road to be removed and relocated on CPR lands Old Highway 2A Road protected by public access easement Subject Area of Subdivision Landscaping Design 3. The landscape design of Southbank Crescent boulevards was approved with Southbank Phase 2 but was not constructed along with any of the surface improvements for the roadway. Administration recommends updated landscape plans for Southbank Crescent are provided with this phase, including any adjustments that may be required to reflect the temporary accesses. November 20, 2014 MPC Agenda Package Page 8 D11-SB13 | Southbank Phase 5 Report Page 3 of 6 Reserves 4. There is no reserve lands proposed with this subdivision. No areas within the phase boundary warrant environmental reserve status and all municipal reserves owing on the Tristar lands have been dedicated within the Cimarron neighbourhood. 5. Administration recommends that the deferred reserve caveat that is registered against the parent parcel be fully discharged from the lands affected by this subdivision as the easement is no longer needed. Development Capacity 6. In accordance with the Policy on the Establishment and Management of Water Allocation System for Planning Approvals, the Town cannot approve a tentative plan of subdivision unless there sufficient development capacity to service the subject area. Administration has determined that there is sufficient development capacity to allow this subdivision to proceed. Standard Subdivision Conditions 7. In accordance with the MGA, the Town applies standard subdivision conditions requiring the developer to enter into a Subdivision Servicing Agreement with the Town, register the development agreement against the lands subject to subdivision, pay all fees and levies associated with the subdivision and register any required utility right-of-way plans and or easements required to service the subdivision. Circulation Responses Circulation agencies and adjacent landowners were asked to respond by October 2, 2014. 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 ATCO Pipelines Fortis Alberta AltaLink Management Inc Shaw Cablesystems Epcor Water Services Alberta Transportation, Southern District Alberta Environment and Sustainable November 20, 2014 MPC Agenda Package Comments: No objection subject to servicing requirements (see Attachment 5) No objection subject to servicing requirements (see Attachment 6) No objection subject to conditions (see Attachment 7) No objection and no easement required No response No response No response No issue with subdivision proceeding subject to meeting any requirements of Alberta Transportation, if required (See Attachment 8) No response Page 9 D11-SB13 | Southbank Phase 5 Report Resource Development, Water Approvals Team Alberta Health Services Canada Post Corporation Canadian Pacific Railways Adjacent Landowners Page 4 of 6 No response No comments at this time No response No written comments received 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 Southbank Business Park Phase 5 (D11-SB13) be assigned 3.58 hectares of Development Capacity under the Town of Okotoks Water Allocation System and approved subject to the following conditions: 1. The Plan of Subdivision shall be in the form approved by the Subdivision Authority on November 20, 2014. 2. The registered owner of the land being subdivided shall enter into a Subdivision Servicing Agreement pursuant to Section 655 of the Municipal Government Act to address, among other things: a. construction of all deferred surface works for Southbank Crescent in accordance with accepted revised engineering details with this phase; b. payment of all applicable off-site levies; c. the costs incurred by Okotoks for all third party consulting, accounting, legal, engineering and planning work related to the negotiation, preparation, execution, implementation, supervision, administration and enforcement of the Subdivision Servicing Agreement; d. payment of a property service fee equal to the tax rate(s) applicable to the lots created by the subdivision multiplied by the assessed 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; e. arrangements for payment of all sums as may be required by Okotoks to be paid pursuant to agreements with other landowners which Okotoks has entered into pursuant to Section 651 of the Act, or required to permit Okotoks to recover costs for roadways, utilities and ancillary costs which it has incurred and which benefit the Land (endeavour to assist obligations in respect of oversize or shared utilities, roadways and ancillary facilities); November 20, 2014 MPC Agenda Package Page 10 D11-SB13 | Southbank Phase 5 Report 3. f. submission of performance securities in the amount and form required by the Town of Okotoks; and g. placement of a Land Use Classification Sign in a form and location acceptable to the Town of Okotoks. Prior to entering into a Subdivision Servicing Agreement, the registered owner of the land being subdivided must: a. 4. 5. Page 5 of 6 submit engineering design plans acceptable to the Municipal Engineer and consistent with the Town of Okotoks General Design and Construction Specifications, including amongst other things: i. details on the temporary connections of Southbank Crescent with the old Highway 2A right-of-way and the temporary CPR road, if required; and ii. a strategy to minimize unauthorized access onto the CPR lands and to the Sheep River. Prior to endorsement of the Plan of Subdivision, the registered owner of the land being subdivided must: a. submit updated landscaping plans acceptable to Town of Okotoks, which will include details on Southbank Crescent roadway boulevards; and b. pay all 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. 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, telecommunications and waste management works and undertakings; b. register a 15m right-of-way and associated easement document for the benefit of ATCO Pipelines to protect access to the existing high pressure gas pipeline through Lot 13, Block 2; c. discharge the Deferred Reserve Caveat registered against the parent parcels; and d. register the Subdivision Servicing Agreement pursuant to Section 655 of the Act by caveat against the lots created by registration of the plan of subdivision. November 20, 2014 MPC Agenda Package Page 11 D11-SB13 | Southbank Phase 5 Report Page 6 of 6 REASONS FOR DECISION 1. Subdivision Application D11-SB13 complies with the Okotoks Municipal Development Plan (Bylaw 50-98), the South Okotoks Area Structure Plan, Okotoks Land Use Bylaw (40-98) and the Southbank Business Park (Tristar) Outline Plan; and 2. Subdivision conditions included in this approval ensure compliance of Subdivision Application D11-SB13 with Town of Okotoks subdivision development policies, standards and practices. Attachments: 1. Location Map 2. Approved Outline Plan 3. Tentative Plan 4. Air Photos 5. Telus Response 6. ATCO Gas Response 7. ATCO Pipelines Response 8. Alberta Transportation Response Prepared by: Planning Services Team (CG) November 14, 2014 N:\Development Services\Planning Services\Subdivisions\Southbank Business Park\Phase 5 (Tristar Industrial)\Southbank Phase 5 (D11SB13) Subdivision Report.docx November 20, 2014 MPC Agenda Package Page 12 Southbank Phase 5 Location Map Subject Area November 20, 2014 MPC Agenda Package Page 13 Categories Southbank Industrial District (I-1S) Gateway Commercial District (C-GATE) Roads Total November 20, 2014 MPC Agenda Package 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% Page 14 November 20, 2014 MPC Agenda Package Page 15 Southbank Phase 5 Aero Photographs November 20, 2014 MPC Agenda Package Page 16 November 20, 2014 MPC Agenda Package Page 17 November 20, 2014 MPC Agenda Package Page 18 November 20, 2014 MPC Agenda Package Page 19 November 20, 2014 MPC Agenda Package Page 20 November 20, 2014 MPC Agenda Package Page 21 November 20, 2014 MPC Agenda Package Page 22 ATCO Pipelines October 16, 2014 Your File: D11-SB13 Our File: 14-3151 Town of Okotoks Planning Services ATTENTION: Karen Humby Dear Madame: RE: PROPOSED SUBDIVISION PORTIONS OF BLOCK I PLAN 1831LK & AREA “A” PLAN 061 0944 ALL WITHIN SW ¼ 22-20-29-W4 - The Engineering Department of ATCO Pipelines (a division of ATCO Gas and Pipelines Ltd.) has reviewed the above named subdivision plan and has no objections subject to the following conditions: 1. ATCO Pipelines has an existing high-pressure pipeline within the subject lands. ATCO Pipelines will require a registered plan of survey for a 15 meter right-of-way. The right-of-way document is to be in an acceptable format to ATCO Pipelines, and is to be registered against the consolidated lands. Please contact Marcene Jacobi at (780) 420-5695 for the required terms and conditions. 2. Any requests for modification, relocation and/or removal of the pipeline will be subject to approval by ATCO Pipelines, and any work that is agreed to shall be at the expense of the inquiring party. 3. ATCO Pipelines’ existing right(s)-of-way, board orders, or other land rights shall be carried forward in kind; and registered on any newly created lots, public utility lots, or other properties. 4. Any work of any nature whatsoever affecting the surface of ATCO Pipelines’ right(s)-of-way must first receive prior written consent from ATCO Pipelines. 5. There is an existing ATCO Pipelines’ pipeline in this area. If it should be necessary to lower, relocate or make any alterations to our existing pipelines and/or appurtenances due to this subdivision, all cost will be borne by the developer/owner. 6. Any ground disturbance within 50 meters of an existing ATCO Pipelines’ high pressure pipeline and/or right(s)-of-way will require a crossing agreement. Please contact ATCO Pipelines’ Land Administration Department at (780) 420-3464. 7. Graveled parking and/or storage will not be permitted on pipeline right(s)-ofway. 7210-42 Street NW., Edmonton, Albeda T6B SHI Tel: 780-420-8957 Fax: 780-420-7411 www. atcopipel ines .com November 20, 2014 MPC Agenda Package Page 23 -28. Paved parking may be allowed on pipeline right(s)-of-way; however, plans must be submitted to ATCO Pipelines for further review and approval must meet ATCO Pipelines’ development guidelines. 9. ATCO Pipelines recommends a 15 meter setback from the centerline of the pipeline to any buildings. If you have any questions or concerns, please contact the undersigned at (780) 420-7562. Yours truly! ATCO Pipelines A division of AltO Gas and Pipelines Ltd. c%ktt t/SLecQ Jo-Anne Van Sickle Pipelines Engineering Department JVS/is November 20, 2014 MPC Agenda Package APPROVED, ASTO FORM I Page 24 November 20, 2014 MPC Agenda Package Page 25 November 20, 2014 MPC Agenda Package Page 26 Okotoks MPC November 20, 2014 Development Permit Application No.: Applicant/Owner: Location/Legal: Land Use Designation: Proposal: 127-14 Amendment Sarka Hojda 79 Sheep River Crescent / Lot 125, Block 1, Plan 991 1454 Residential Single Detached District (R-1) Amend DP 127-14 by removing Condition 1.c. History DP 127-14 was conditionally approved by MPC on June 19, 2014. The approval is for a Home Occupation-Major (Accounting Office) with one resident and two non-resident employees and no on-site parking spaces for staff. Where a home occupation has non-resident employees and their primary means of transportation to the site is by private vehicle, one additional parking space is required per non-resident employee over and above the minimum parking requirement for the residential use. Condition 1.c. of the approval provides that “This approval expires on December 31, 2014 and may be extended by the Municipal Planning Commission subject to application by the business owner.” Condition 1.d. requires construction of a hard-surfaced sidewalk at least 1.0m wide from the parking to the rear door of the dwelling to access the office of the business. This condition has been met. June 12, 2014 October 16, 2014 The Development Officer visited the site on different days of the week at different times of day during business hours, and observed no traffic or parking congestion in the neighborhood. Typically there would be one or two vehicles parked in the driveway of the residence and one or two vehicles parked on the street immediately in front of the residence. No complaints have been received since the application was approved by MPC. November 20, 2014 MPC Agenda Package Page 27 Page 2 – DP 127-14 Amendment Report Relevant Sections of the Land Use Bylaw: Section 4.2.0 Section 4.4.0 Section 4.5.0 Section 9.9.0 Section 12 Section 30 Notice Posting Requirements for Applications Discretion of the Development Authority Issuance of Development Permits and Notices Home Occupations Residential Single Detached District (R-1) “Home Occupation” An application for amendment to Development Permit 127-14 was received by the Town on October 17, 2014. A Notice was posted on the site from October 21 to November 4, and those neighbors who provided comments on the initial application were notified by email of the amendment application. One neighboring resident responded with a letter indicating that he has no objections to the parking variance and would be opposed to the development of additional space(s) on the front lawn of the property. Home Occupations – one of the purposes of the Home Occupation section of the LUB, stated in the regulations, is to protect residential areas from adverse impacts of activities associated with home occupations. A home occupation should not give an outward appearance of a business which would infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes or infringe upon or change the intent of the residential district. It should not generate significantly greater traffic volume than would normally be expected in a residential district. If two or more clients are likely to visit at the same time, one additional on-site parking space is required. Non-resident employees are limited to two, and one additional on-site parking space per employee is required. In its decision, the MPC waived the non-resident staff parking requirement and imposed Condition 1.c. respecting expiry of the approval in order to allow for a trial period during which administration could monitor the traffic and parking impacts of the business on the neighborhood, and neighboring residents could report any issues arising from the operation of the business to administration. No adverse impacts have been observed or reported. R-1 District – “Home Occupation – Major” is a discretionary use, and the Development Officer is authorized to act as Development Authority. This application was referred to the MPC due to the request for a parking variance. “Home Occupation” means a use of a residential building which is incidental and subordinate to the principal use of the building and meets the special requirements of this bylaw but does not include Adult Entertainment Uses; and (a) “home occupation-minor” means a zero or low impact business; (b) “home occupation-major” means a moderate impact business. Appeal of the MPC’s decision lies to the Subdivision and Development Appeal Board. November 20, 2014 MPC Agenda Package Page 28 Page 3 – DP 127-14 Amendment Recommendation: That the Application to Amend Development Permit 127-14 be approved subject to the following conditions: 1. 2. This amendment is limited to removal of Condition 1.c. respecting expiry of the approval on December 31, 2014; The expiry clause is no longer in effect and the business may continue to operate in accordance with the remainder of the DP 127-14 conditions and the Land Use Bylaw regulations respecting Home Occupations; All other conditions and requirements of Development Permit 127-14 issued July 10, 2014 remain in effect. Attachments: 1. Correspondence to and from neighboring residents Prepared by: Planning Team November 20, 2014 MPC Agenda Package Page 29 November 20, 2014 MPC Agenda Package Page 30 November 20, 2014 MPC Agenda Package Page 31 Leonard Kennedy November 4,2414 Town of Okotoks Okotoks AB To Whom lt May Concern: Development Permit Application # 127'14 Maior Business Permit at 79 Sheep River Gres. With regard to the above mentioned application, we support the approval of the application to allow the home occupation to continue on a permanent basis PROVIDED THAT that the "waiver" forthe 2 required off-street parking stalls is extended in orderto preserve the quiet residential look and feel of the area; we feel paving the entire front lawn of the house at 79 Sheep River Cres would be unsightly and would decrease the value of all homes in the area. Thanks for your consideration. 78 Sheep River Crescent Okotoks, AB T1S 1T7 Tel: 403+938-3827 Email: [email protected] November 20, 2014 MPC Agenda Package Page 32 Okotoks MPC November 20, 2014 Development Permit Application No.: 161-14 Applicant/Owner: Dean & Shelly Barber Location/Legal: 92 Okotoks Drive Lot 66, Block 31, Plan 751 0999 Land Use Designation: Residential Single Detached District (R-1) Proposal: Studio Suite with Variances History The Applicant purchased the property in July 2014 with the entire basement developed as a studio suite. The basement is developed with two bedrooms, kitchen, living room, bathroom, storage room and laundry room. There is no previous record of basement development in the land file however the age of the appliances and construction material suggest that the suite was developed before Dec 31, 2006 when the Safety Codes changes were made for secondary suites. No development permits were obtained for a studio suite development. The purchaser was aware that the suite is illegal and contacted the Town inquiring how to bring it into compliance. 92 Okotoks Drive Report Relevant Sections of the Land Use Bylaw: Section 4.2.0 Section 4.4.0 Section 4.5.0 Section 9.25.0 Section 12 Section 30 Notice Posting Requirements for Applications Discretion of the Development Authority Issuance of Development Permits and Notices Studio Suites Residential Single Detached District (R-1) “Studio Suite” November 20, 2014 MPC Agenda Package Page 33 Page 2 – DPA 161-14 – 92 Okotoks Drive – Studio Suite Notice Posting – LUB Section 4.2.2 requires that a notice be posted on the site and written notification be provided to adjacent property owners at least 21 days prior to making a decision. The site was posted on October 23 and notices were mailed on October 23, 2014. Nothing was received by Planning Services in response to the posting or letters The applicant submitted letters of support from each of the circulated neighbors. Copies of the letters are attached to this report. The applicant has indicated that both dwelling units will be rented. There is no regulation requiring that a residence be owner-occupied. Studio Suites – Studio suites are listed as a discretionary use in all single detached and low density districts. The Land Use Bylaw regulates the size of the suite; where and in what type of building it can be located; parking provisions and the design of the exterior of the building if separate from the principal building. Safety Codes (Building and Fire) addresses the safety aspects of the suite including, but not limited to, window sizes in bedroom, separate egress, heating and ventilation systems and fire separation. The size of the suite is limited to 40% of the principal dwelling to maximum of 75m2 in all districts. This is to maintain the purpose and intent of the districts and the expectations of adjacent residents for low density. As the name Studio Suite implies, the intent is to allow for a unit that would accommodate one or two people. As the size of the suite November 20, 2014 MPC Agenda Package Page 34 Page 3 – DPA 161-14 – 92 Okotoks Drive – Studio Suite increases so does the occupancy. If the area of the suite is almost equal in size to the principal dwelling it is no longer accessory and may be better defined as a duplex. A studio suite may be in a bi-level basement, the third level of a split level basement, the walkout basement portion of a principal building, in an accessory building intended to contain only a studio suite, or above an attached or detached garage. This suite is located on the basement level of the bi-level and the applicant is proposing renovations to reduce the habitable floor area from the existing studio suite to 57.5% of the principle dwelling, an estimated 96.12m2. This area calculation includes the studio suite with two bedrooms and half of the common entrance areas. Given the size of this suite a variance to the studio suite regulations is requested. A studio suite must comply with building code requirements. Upon issuance of a development permit the applicant must obtain a building permit, have the suite inspected for compliance with all safety codes, and undertake any work necessary to correct deficiencies. R-1 District – One additional parking space in addition to the requirement for the single detached dwelling is required for a studio suite and the parking space for the suite may not be a tandem space. The real property report submitted with this application shows a total of 5 parking spaces, three in the triple garage and on the north side of the garage one under the canopy and one open gravel pad. None of these stalls are tandem. Two parking spaces are required for a Single Detached Dwelling on a site with a lane. The minimum parking requirement for the proposed development is 3 spaces. The designated parking will be under the canopy. The maximum habitable floor area for studio suites in the R-1 district is 40% of the principal dwelling unit to a maximum of 75m2. The existing suite, which occupies a portion of the basement level and access via the main floor, amounts to 96.12m2 which November 20, 2014 MPC Agenda Package Page 35 Page 4 – DPA 161-14 – 92 Okotoks Drive – Studio Suite represents 57.5% of the size of the principal dwelling unit. The size of the principal dwelling unit, at 167.15m2, includes the main floor, enclosed deck, area in basement identified as main floor tenant storage and 50% of the entrance landing, stairs and hallway to studio suite. A standard condition of approval of any studio suite is the provision of a hard-surfaced walkway at least 1.0m wide from the parking pad to the entrance of the suite. Existing hard surface walkway from triple garage, along outdoor parking and leading to the side entrance to the residence “Studio Suite” – means a self-contained dwelling unit on a site that is accessory to the principal dwelling unit on the site. Summary – The suite is an existing suite developed prior to 2006; the site has a total of 5 on-site parking spaces where the minimum requirement is 3 spaces; the development will be required to meet Safety Codes and some renovations are proposed to reduce the size of the existing studio suite; no objections have been received from adjacent residents. Appeal of the Municipal Planning Commission’s decision lies with the Subdivision and Development Appeal Board. November 20, 2014 MPC Agenda Package Page 36 Page 5 – DPA 161-14 – 92 Okotoks Drive – Studio Suite Recommendation: That the Municipal Planning Commission approve Development Permit Application 161-14 for a Studio Suite subject to the following conditions: 1. 2. Prior to the release of the Development Permit the Developer shall: a) submit a revised plans reducing the studio suite to a maximum habitable area of 40% of the habitable floor area of the principle dwelling and an access/egress independent from the principle dwelling; b) provide a performance security in the amount of $1,000 in a form satisfactory to the Town. Development Conditions: a) The Developer shall construct the development in accordance with: i) all conditions of this approval; and ii) the site plan and the revised plans as approved by the Municipal Planning Commission on November 20, 2014; to the satisfaction of the Development Officer; 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. Alternate Recommendation: That the Municipal Planning Commission approve Development Permit Application 161-14for a Studio Suite with variances and 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 and the floor plans approved by the Municipal Planning Commission on November 20, 2014; 2. 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 12.5.4 [Maximum Limits] to permit a studio suite with a habitable floor area of 96.12m2, 57.5% of the principle dwelling where the maximum permitted is 75m2 and 40% of the principle dwelling. Section Section 12.5.4 (Habitable Floor Area) LUB Requirement Proposal 40% to a maximum 57.5% of the size of the of 75m2 principal dwelling unit; studio suite habitable floor area of 96.12m2 November 20, 2014 MPC Agenda Package Reasons The suite is an existing suite developed prior to 2006; minimum parking requirement has been met; development will be required to meet Safety Codes; no objections from adjacent residents. Page 37 Page 6 – DPA 161-14 – 92 Okotoks Drive – Studio Suite Attachments: 1. Summary of Proposal and Land Use Bylaw Requirements 2. Two Letters from Applicant (3 pages) 3. Existing and Proposed Floor Plans (4 pages) 4. Real Property Report with Proposed Parking 5. Correspondence – Letters of Support (3 pages) Prepared by: Planning Team (DS) October 23, 2014 N:\Development Services\Planning Services\Development\Development Permit Applications\2014\DP 161-14 - 92 Okotoks Drive - Studio Suite\92 Okotoks Drive MPC report Final.docx November 20, 2014 MPC Agenda Package Page 38 DPA 161-14, 92 Okotoks Drive – Studio Suite Summary of Proposal and Land Use Bylaw Requirements Uses Studio Suite District Use Lists Discretionary Minimum Requirements Parking Spaces Standard Minimum required Dimensions Habitable Floor Area for Studio Suites - minimum Maximum Limits Habitable Floor Area General Regs Section (9.25.0) Location Building Code Accessory Buildings on site Site Development Apartments Parking Space for suite LUB Requirement Proposal 2/principal building, 1/studio suite 3 2.5m x 5.8m 30m2 ( 322.93 ft2) 5 spaces LUB Requirement 40% of principal dwelling unit to a max of 75m2 (807.32 ft2) 96.121m2 Principal Building is 167.15m2 Studio Suite is 96.12m2 =57.5% LUB Requirement Proposal Bi-level basement, the third level of split level basement or a walkout basement Shall comply with Building Code requirements Basement No more than one accessory building on site where one is detached garage and the other contains a studio suite Sites containing studio suites shall be developed so that: (a) the portion of the principal building or accessory building containing the suite reflects 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; and (b) all buildings on site are compatible in scale to single detached development in the immediate vicinity; and (c) all site improvements associated with a studio suite such as site landscaping, parking and fencing is consistent in design to site improvements associated with single detached development in the immediate vicinity. Shall not be located within an Apartment Building Shall not be tandem November 20, 2014 MPC Agenda Package Must obtain permits & follow current standards. One detached triple garage Suite is within the bi-level basement One other buildings on site All improvements are consistent. n/a 3 stalls are required, 5 parking stalls are available (3 in the garage, 2 on Page 39 November 20, 2014 MPC Agenda Package Page 40 November 20, 2014 MPC Agenda Package Page 41 November 20, 2014 MPC Agenda Package Page 42 November 20, 2014 MPC Agenda Package Page 43 November 20, 2014 MPC Agenda Package Page 44 November 20, 2014 MPC Agenda Package Page 45 November 20, 2014 MPC Agenda Package Page 46 November 20, 2014 MPC Agenda Package Page 47 November 20, 2014 MPC Agenda Package Page 48 November 20, 2014 MPC Agenda Package Page 49 November 20, 2014 MPC Agenda Package Page 50 MPC November 20, 2014 I-3 DISTRICT DESIGN GUIDELINE ISSUE: Advice has been requested regarding the Town’s regulatory authority to impose requirements relating to the use of cultured stone or brick on buildings within the I-3 District. REPORT: Section 9.18.0 of the Land Use Bylaw enables the Municipal Planning Commission (MPC) to impose requirements regarding the external design, character and appearance of buildings and states: 9.18.1 The exterior finish on all buildings shall be of a permanent material satisfactory to the Development Authority. 9.18.2 The design, character and appearance of a building shall: (a) be of a good architectural standard; (b) be compatible with other buildings in the vicinity; (c) be suited to the purpose of the land use district in which it is located; and (d) comply with the provisions of any statutory plan applicable to the design, character or appearance of buildings; to the satisfaction of the Development Authority. 9.18.3 All apparatus on the roof shall be screened to the satisfaction of the Development Authority. 9.18.4 The quality of the facade of all buildings shall be the minimum standard maintained on the site for the life of the development. In addition, some Land Use Districts (H-MU, MUM, C-SD, I-1) include architectural guidelines; and others require comprehensive concept plans or require that all adjacent sites be comprehensively designed (C-Gate, MUM). Where Land Use Bylaw architectural guidelines or approved concept plans exist, Administration works with applicants to ensure compliance with these. Furthermore, if an application is received for a property within an area for which architectural controls have been imposed by the parent developer, Administration generally requests a letter of acceptance of the proposed development from the parent developer. In addition, and to ensure compliance with section 9.18.0 of the Land Use Bylaw, Administration often requests the incorporation of a wide range of architectural elements that enhance the design of a building depending on the district in which the application site is located and 1 November 20, 2014 MPC Agenda Package Page 51 the nature of adjacent buildings. There is a large body of literature that provides direction on how to achieve quality design and, in turn, an attractive streetscape. Furthermore, the Municipal Development Plan contains several provisions which relate to the architectural quality of buildings. Administration often utilises these resources when advising applicants and making recommendations on development permit applications. With respect to the I-3 District, during the review of the first application for a development within the District, Administration recommended that the building facade adjacent to the road include a stone or split face base and a cornice feature with a minimum 1.2m return to achieve compatibility with the newer buildings within the established area of the Business Park and the Municipal Planning Commission decided to require this. Since this time a similar standard has been recommended by Administration for the majority of new buildings proposed within the I-3 District. More recently, the minimum standard was expressed in writing by Administration as follows: The exterior finishes of buildings within the I-3 District are to include detailing using different finishing materials and colors. This is to include cultured stone or brick at the base of the building (min 0.5m in height) with returns on the sides of buildings (1.2m minimum) continuing on columns or around a doorway. Accent colors of complementing or the same materials as the building should be used on elevations that are visible from the street. Although this guideline does not form part of the Land Use Bylaw, it is often used by Administration when advising applicants on what materials would likely constitute acceptable exterior finishing on buildings within the I-3 District. Administration generally recommends that these elements are incorporated into the design of any new buildings within the I-3 District. The current provisions of Section 9.18.0 of the Land Use Bylaw are relatively broad and afford the Development Authority a great level of discretion. For this reason, and to ensure consistency when considering development permit applications, it is considered that the use of design guidelines may be appropriate. In the absence of guidelines Administration will continue to draw on other resources when advising applicants and making recommendations on development permit applications to enhance building designs and create an attractive streetscape. The Town of Okotoks has long been known for being a sustainable community and since the approval of the Municipal Development Plan (MDP) and the Land Use Bylaw in 1998 a lot of work has gone into ensuring that buildings and neighbourhoods within the Town are developed to a high architectural standard. The existing MDP contains several policies which relate to architectural quality. The MDP provisions which relate to architectural quality and guidelines have been summarized in Attachment 1. Of particular note are the following MDP policies: 2 November 20, 2014 MPC Agenda Package Page 52 …Council should encourage the preparation of in-fill guidelines to assist approving authorities in deciding on in-fill proposals… …Council shall encourage the creation of architectural and signage guidelines for the downtown core by January 1, 1999… …Council shall prioritize improvements based on the results of the Okotoks Community Survey, 1997, which identified incentives for architectural guidelines as one of the top four priorities that taxpayers would support with public investment… …Council shall encourage industrial park developments to provide for unified management, development and design controls. The Town shall encourage architectural design guidelines to be established in consultation with the Town and implemented by the developer, to encourage a high standard of building quality and compatibility between buildings in industrial developments… …Development adjacent to residential or other non-industrial land use cells shall be to a high standard in terms of building finish, landscaping, and access control, and visual buffering shall be to Municipal Standards as established by Council… …The Town shall encourage creation of strong sign and architectural regulation through creation of guidelines [for the Downtown Core] by January 1, 1999… …The Town should identify a “gateway” feature at Highway 2A and Elizabeth Street to signify entry into the downtown core (i.e. landscaping and/or structure, and/or architectural standards for four corners)… …In the absence of architectural and sign guidelines for the downtown core, the Town shall provide general guidelines for quality development standards in the form of an Appendix (5) to this Plan… Many municipalities within Alberta have developed urban design guidelines, either contained within or outside of their land use bylaws, to assist with the assessment of development permit applications from an urban design perspective. Some which may be of note include: Town of Chestermere – Municipality wide Design Guidelines exist which apply to Multi-Family Residential, Commercial, Business Park, Light Industrial, and Special Design Areas. Development guidelines also exist in the Municipal Development Plan. The Land Use Bylaw states that “all proposed development shall conform to any design standard established by the municipality or such other more stringent requirements established for a given development area”. Town of Cochrane – Municipality wide Design Guidelines exist which apply to single-family, multi-family residential and supporting commercial and institutional land uses. The Municipal Development Plan also contains Western Heritage Design Guidelines. Town of Canmore – Community Architectural & Urban Design Standards are contained within Section 9 of the Land Use Bylaw. Town of Banff – Design Guidelines are contained within Schedule B of the Land Use Bylaw. 3 November 20, 2014 MPC Agenda Package Page 53 Administration believes that it is important to ensure consistency when assessing development permit applications and have developed four options for consideration as an approach moving forward: 1. Administration to continue using the guideline when assessing development permit applications for buildings within the I-3 District and recommending that these features, and any others that are considered appropriate, be incorporated into the design of buildings within the I-3 District (i.e. status quo). 2. Amend the existing guideline for the I-3 District in order to allow flexibility with respect to the type of materials allowed. 3. Discontinue using the existing guideline for I-3 District and rely solely on Administration and Municipal Planning Commission discretion to ensure that buildings are of a good architectural standard, compatible with other buildings in the vicinity, and suited to the purpose of the land use district in which it is located. 4. Commission a suitably qualified consultant to develop a comprehensive set of urban design guidelines for all districts to use as a reference document when assessing development permit applications. Administration requests direction from the MPC with regard to an approach for assessing and making recommendations on developments proposed within the I-3 District moving forward. Attachments: 1. Summary of Okotoks Municipal Development Plan (1998) Policies which relate to Architectural Design Prepared by: Planning Services Team (LH) November 13, 2014 4 November 20, 2014 MPC Agenda Package Page 54 Summary of Municipal Development Plan (1998) Policies which Relate to Architectural Design MDP SECTION POLICY General 1) Council and its approving authorities shall encourage innovative developments through flexibility in application of the Municipal Development Plan, Land Use Bylaw, and other municipal regulation, to create a vibrant, unique development architecture and site design in Okotoks. 2) The design of new development, whether residential, commercial, or industrial, should consider topography, tree cover, view potential, orientation to receive direct sunlight, noise from adjacent roads, and impact on existing development and roads. 3) Where in-fill development is proposed adjacent to sites or areas within already built-up urban environments, Council and its approving authorities shall promote and encourage the use of architectural styles, features, and characteristics which exemplify local history and architecture and complement the existing adjacent development. Council should encourage the preparation of in-fill guidelines to assist approving authorities in deciding on in-fill proposals. 4) Council shall refuse development if it does not comply with sustainable design principles (emphasis on high quality architecture, nodal rather than strip commercial development, attractive and limited signage, creation of pedestrian linkages, mixed land uses in new neighbourhoods, broader range of housing mix, quality landscaping). Land Use/ Urban Design 1) All development will occur within a framework which maintains or improves the existing community character, and which avoids negative social, economic and environmental effects on the community by: o providing an efficient land use concept to avoid leap-frog and haphazard development as well as premature losses of higher capability agricultural lands, thereby minimizing capital, maintenance and social costs o buffering between land uses to enhance overall attractiveness of residential cells, but otherwise encouraging the development of mixed use (residential/commercial/industrial) neighborhoods o permitting future development of currently un-serviced land to occur only after an Area Structure Plan or an Outline Plan for the land has been formally adopted by Council; permitting large scale or increased redevelopment to occur in existing urban areas only after an Area Redevelopment Plan has been adopted by Council. At Council’s discretion, an ARP may not be required if Council or its approving authorities determine that the intended redevelopment will not change or adversely affect the character of the existing area in which that redevelopment is proposed 2) The following principles will guide land/use and urban design practice in the Town of Okotoks: o complementary but distinct land uses will be identified for the CBD, highway commercial, and neighborhood commercial areas in such a manner that the November 20, 2014 MPC Agenda Package Page 55 viability of the CBD as a focal point of community life is not compromised o a balanced growth rate will be encouraged whereby employment generating land uses are developed concurrent with residential development o development of a light, high tech, knowledge-based industrial base will be encouraged while recognizing the need for traditional industrial land uses, which do not place an undue burden on the community’s services (water, sewer, energy, land supply) o high intensity, high site coverage use of industrial land will be encouraged o development of mixed land use neighbourhoods that place home, work, and recreation in close proximity to one another will be encouraged, thereby reducing demand on road and other municipal infrastructure o preservation and restoration of sites, buildings and artifacts important to the historic development and identity of Okotoks will be encouraged o an adequate provision of school and other municipal facilities for the community will be provided, recognizing financial constraints and public/private sector partnership opportunities o a variety of housing stock and price will be provided for a future broader demographic and social spectrum in Okotoks o a linked open space system to access various neighbourhood cells and land uses will be created o a safe, efficient, aesthetically pleasing road network will transform the existing austere aesthetic o architectural controls and standards applied by developers and the Town will create a unique identity for Okotoks o development may be refused if it does not comply with sustainable design and aesthetic principles Residential 1) Future residential development shall be directed to those areas as generally shown on the “Land Use Concept Plan” (Figure 7), which includes neighbourhood density targets. This plan reflects density targets, housing mix targets, and prospective annexation and land use conditions applicable to lands logically situated to be incorporated into the Town of Okotoks. Land use mix targets for new neighbourhood cells have been numerically calculated in Appendices 2 and 3. All housing types shall be compatible with community-wide standards for architectural design and appearance and shall be regulated by the use of architectural controls administered by the developer. 11) Developers of new residential subdivisions shall establish architectural design controls for their developments. 16) The Town should endeavor to maintain high standards with respect to the aesthetics of new developments, maintenance of public and private property and appearance of signage to ensure that Okotoks remains an attractive community. Commercial 2) …the scale, arrangement on the site, and design of future commercial buildings November 20, 2014 MPC Agenda Package Page 56 Development and developments in the downtown core aim to enhance and improve the character, attractiveness and amenities of the existing area and to create a pleasant, and harmonious shopping environment. Council shall encourage the creation of architectural and signage guidelines for the downtown core by January 1, 1999. 3) …Council shall prioritize improvements based on the results of the Okotoks Community Survey, 1997, which identified incentives for business to renovate, trees/landscaping, street furniture, and architectural guidelines as the four top priorities that taxpayers would support with public investment. 4a) Elma Street (east of Highway 2A) will build on and retain its heritage character by achieving a balance between residential development and specialized businesses (e.g. boutiques, antiques, professional offices, B and B’s, tourist-oriented businesses) that can use heritage character as a selling feature and focus… The preservation of this historic and unique aesthetic character will be mandatory. The growth of business on the street has created growing concern about the balance between residential and commercial development for the sake of community life on the street…Existing architectural regulations will be strictly enforced, and a development permit circulation process to the community association on the street will ensure that dialogue about the nature of future development is maintained. 4b) Elma Street (west of Highway 2A) abutting Highway 2A shall be substantially retained as a single family detached dwelling residential area. Two existing commercial sites exist to the west of Highway 2A in this area. This Plan retains these sites as integral parts of the downtown and facilitates commercial redevelopment of these lands consistent with the Land Use Bylaw. Commercial redevelopment of these lands shall apply a pedestrian-oriented heritage character to successfully integrate with the adjacent residential community and to provide an aesthetic “gateway” into the community. 4c) South Railway Street. The absence of development along South Railway Street creates an opportunity for development of strong and unique commercial streetscape. A challenge for this district is the provision of noise attenuation given proximity to the rail line. The Railway Area Analysis and Policy Report shall regulate development on this street, which envisions zones of mixed residential/commercial use zones. The application of architectural guidelines contained in the Railway Area Policy Report is mandatory. 4d) McRae St. east and North Railway Street. Existing heritage character development will be respected in limited commercial expansion into this district (North Railway Street - CBD land use with Elma Street architectural guidelines, and McRae Street - Heritage Mixed use land use). New developments shall reflect heritage legacy in the form of scale, architectural interest (e.g. pitched roofs, porches, window and roof treatments, finishing materials, colour palette). The type of future business envisioned in this district is mixed given heritage appeal for specialty businesses and demand for convenience services created by a future high density resident population in this district. 6) Where infill commercial development including renovation, land assembly and redevelopment are proposed, Council and its approving authorities shall promote and encourage the use of architectural styles, features, building scale and November 20, 2014 MPC Agenda Package Page 57 characteristics that complement and add to the architectural strengths and features of the surrounding neighborhood. 7) Existing residential development in the Central Business Expansion and Transitional Commercial land use districts established in the Okotoks Land Use Bylaw may continue and may be permitted, at the discretion of the appropriate approving authority, to include a limited range of commercial uses (e.g. professional offices, arts and craft studios, and similar boutique types of uses), provided that a high regard for the appearance and preservation of the historic and/or unique aesthetic character of the surrounding neighborhood is maintained. Industrial 12) Council shall encourage industrial park developments to provide for unified management, development and design controls. The Town shall encourage architectural design guidelines to be established in consultation with the Town and implemented by the developer, to encourage a high standard of building quality and compatibility between buildings in industrial developments. 17) Development adjacent to residential or other non-industrial land use cells shall be to a high standard in terms of building finish, landscaping, and access control, and visual buffering shall be to Municipal Standards as established by Council. Downtown Core 1) The Town shall pursue a number of policies that strive to maintain the vibrancy of the downtown for future generations: The Town shall prohibit strip mall development, unless the strip can be shown to have distinct architectural modules that break down mass into smaller, pedestrian-friendly components The Town shall encourage creation of strong sign and architectural regulation through creation of guidelines by January 1, 1999 The Town shall identify heritage resources and endeavor to have them designated as provincial heritage sites to ensure their preservation into the future The Town should investigate the potential for “municipal” parking lot(s) paid for by a parking levy. As an alternative the Town should investigate the potential for public/private partnership development of a joint-use parking lot on Daggatt Street to reduce parking demand on Elizabeth Street and create potential for front yard landscaping on Elizabeth Street. The Town should encourage parking to be developed in the rear yard of buildings to improve the streetscape The Town should investigate potential for installation of pedestrian scale street lighting in the downtown core The Town should identify unique street sign architecture and institute a sign replacement program The Town should encourage use of zero front yard setbacks on Elizabeth and McRae Streets The Town should identify a “gateway” feature at Highway 2A and Elizabeth November 20, 2014 MPC Agenda Package Page 58 Street to signify entry into the downtown core (i.e. landscaping and/or structure, and/or architectural standards for four corners). The Town should encourage a private sector or memorial downtown planting and mural program in partnership with Foothills Composite High School (murals) and service clubs (tree-planting). The Town should investigate means to create north/south pedestrian links between the north escarpment and the river through site design, walkways, or other improvements to existing corridors (e.g. Centre Avenue) The Town shall identify utility relocation to underground facilities in the downtown core, and pursue relocation in partnership with utility companies as upgrades are required. The Town shall contact TransAlta Utilities to investigate the potential for the installation of power supply for street lighting on the south side of Elizabeth Street. The Town should complete a downtown transportation circulation analysis by 2000 to study parking requirements and traffic flow patterns following the upgrading of Highway 2A. The Town should implement the downtown circulation and parking plan by 2001 (Figure 10). The Town shall investigate mechanisms and implementation measures required for the creation of an incentive program to encourage existing development in the downtown core to revitalize The Town shall coordinate the installation of boulevard trees on Elizabeth Street The Town shall create revitalization incentives in the Land Use Bylaw through height relaxations for Elizabeth Street, reduced parking requirement, and broadening of permitted land uses To encourage investment in the downtown core, the Town shall not charge acreage assessments on land in the downtown core for which no acreage assessment has previously been charged. 2) In the absence of architectural and sign guidelines for the downtown core, the Town shall provide general guidelines for quality development standards in the form of an Appendix (5) to this Plan. November 20, 2014 MPC Agenda Package Page 59 DPA # Description AMEND Site, Landscaping and Site Servicing 130-12 Amendments 161-14 Studio Suite Retaining wall over 0.6m high within the side 162-14 and rear yard setbacks Changes to approved Light Fixtures and the 131-12 addition of an Enclosed Vestibule and Roof AMEND over Stairs Change of Use to Household Services Shop 163-14 (Kumon Canada Inc.) and one Fascia Sign Accessory Building (Detached Garage) with 164-14 variance to Site Coverage 165-14 Unenclosed deck with variance AMEND 127-14 Home Occupation (Major) 166-14 New Restaurant Building AMEND 111-13 Amendment to Approved site Plan EXTENSION Detached Garage with Variance to Site 180-12 Coverage November 20, 2014 MPC Agenda Package Zoning Lot Block Plan Address C-HWY R-1 7 to 10 66 2 31 811 0642 4 Westland Road 751 0999 92 Okotoks Drive 3-Oct-14 15-Sep-14 R-1 75 8 061 3137 71 Westmount Circle 10-Oct-14 C-CB 3 A 5404FW 12-Sep-14 DC 4 R-1 R-1E 17 68 R-1 DC 97 Elizabeth Street Date Rec'd 041 1067 #104, 14 Crystalridge Drive 23-Oct-14 13 29 081 0906 26 Westridge Road 111 3650 25 Cimarron Estates Manor 17-Oct-14 30-Oct-14 125 5 1 3 991 1454 79 Sheep River Crescent 210286 55 Riverside Gate 16-Oct-14 6-Nov-14 C-HWY 18 6 091 2701 100 Woodgate Road 24-Oct-14 R-1 5 12 081 0906 80 Westland Street 10-Nov-14 Page 60 REPORTS TO COUNCIL SUMMARY FOR MUNICIPAL PLANNING COMMISSION INFORMATION COUNCIL MEETING OF OCTOBER 14, 2014 Municipal Manager’s Report – Corporate Services: Calgary Regional Partnership Council Update – September Board Meeting Issue Attached is the Council Update from the September CRP Board meeting. The intention of this document is to guide Board members in reporting key decisions made by CRP to their councils on a regular basis. We are providing the Council Update as a courtesy; it is not intended to replace the official Minutes, which will be approved at the next Board meeting. Municipal Manager’s Report – Corporate and Strategic Services: Vision Consultation Community Issue On September 11th the two kiosks for resident ideas/comments were deployed, to date they have been located at the Farmers’ Market, Teen Night, Recycling Centre, Recreation Centre, Library, Rotary Performing Arts Centre (RPAC), HarvestFest, Okotoks Health and Wellness Centre, Pason Centennial Arena, Okotoks & District Seniors Club and Holy Trinity Academy. Both kiosks have been extremely well received and are covered with resident comments. The website is to function as the main location for updates on the development of the project and for the weekly kiosk locations. On Saturday September 27th, a Community Visioning Workshop hosted by the project consultants (O2 Planning + Design Inc.), was held at the Library from 10:30 to noon. The workshop was attended by eight very engaged residents. The discussion and mapping exercises completed at this event were deep and thought provoking. In addition to the well utilized online map tool (well over 100 comments to date), an online survey was launched October 1st. To date this survey has been completed by 45 residents. All events and the online map tool and survey have been communicated through social media tools. The kiosks and online tools will be available until October 15th. On October 1st, a grade six class at Dr. Morris Gibson participated in a filmed visioning discussion hosted by Mayor Robertson. The edited video will be shown at the Imagine the Future Gallery Event at the Okotoks Art Gallery on Wednesday October 22nd from 7 to 9pm. November 20, 2014 MPC Agenda Package Page 61 Bylaw 22-14: Second and Third Readings Issue The purpose of Bylaw 22-14 is to amend the Northwest Okotoks Area Structure Plan (NWOASP) in order to increase the allowable density for Mountainview at Sandstone from 400 units to 431 units. MOTION: By Councillor Heemeryck that Bylaw 22-14, a bylaw for the purpose of amending the Northwest Okotoks Area Structure Plan to increase the allowable density for Mountainview at Sandstone from 400 units to 431 units, be read a second time. 14.C.554 AMENDING MOTION: By Councillor Rockley that subsection 4.1(g) be amended to read that Mountainview at Sandstone shall not exceed 440 housing units as prescribed by the Municipal Development Plan and Council policy. Carried Councillor Fischer absent 14.C.555 MOTION AS AMENDED: By Councillor Heemeryck that Bylaw 22-14, a bylaw for the purpose of amending the Northwest Okotoks Area Structure Plan to increase the allowable density for Mountainview at Sandstone from 400 units to 440 units, as amended, be read a second time. Carried Councillor Fischer absent 14.C.556 MOTION: By Councillor Rockley that Bylaw 22-14, a bylaw for the purpose of amending the Northwest Okotoks Area Structure Plan to increase the allowable density for Mountainview at Sandstone from 400 units to 440 units, as amended, be read a third time and passed. Carried Councillor Fischer absent November 20, 2014 MPC Agenda Package Page 62 COUNCIL MEETING OF OCTOBER 27, 2014 Municipal Manager’s Report – Corporate and Strategic Services: Vision Consultation Community Issue Phase One (Values & Aspirations) of the Visioning Project came to a close on October 15. This five week phase resulted in the following figures: Lessons from the Future for Cities Presentation (Glen Hiemstra): 40+ individuals in attendance 652 individual comments placed on the roving kiosks (10 locations) 4 workshops (public, staff, Council, committees of Council) resulting in 420 comments 3 community events (140+ individuals interacted with visioning team) Online mapping tool (206 comments received) 286 comments from online survey 119 comments submitted from high school students (Foothills Composite) 147 comments submitted from community stakeholder groups (through formal submissions) Total of 1800+ comments received from Phase One The project consultants (O2 Planning + Design Inc.) will compile the information gained from this phase between October 15 and October 22 and present the main themes heard at the Imagine the Future Gallery Event on Wednesday October 22 from 7 p.m. to 9 p.m. at the Okotoks Art Gallery. Phase Two (Imagine the Future) will run from October 22 to November 12, concluding with a Community Workshop on Wednesday November 12, at the Town of Okotoks Municipal Centre from 7 p.m. to 9 p.m. During this four week phase, the two roving kiosks will be redeployed with new posters at various Town facilities and an online community forum will be launched. Through the various engagement techniques (formal and informal), we will be looking for the community to help us refine the community values and foundation principles that we have heard so far. November 20, 2014 MPC Agenda Package Page 63 COUNCIL MEETING OF NOVEMBER 10, 2014 (Minutes are Unadopted) Municipal Manager’s Report – Planning Services: Studio Suites Issue The development of studio suites, secondary suites and, basement suites is increasing in Alberta with the rising cost of housing and the reduced availability of rental properties. The development of these suites is governed by the Land Use Bylaw, Building and Fire Codes to ensure the interests and needs of all parties are addressed. Planning Services is currently dealing with 13 studio suite files. The majority of these are existing suites that were developed without consulting the Town or applying for permits and therefore do not comply with the Land Use Bylaw or Safety Codes. Their existence is brought to the attention of the Town mainly through complaints from adjacent property owners. Studio suites (what they are called in Okotoks) are listed as a discretionary use in all single detached and low density districts. The Land Use Bylaw regulates the size of the suite, where and in what type of building it can be located; parking provisions and the design of the exterior of the building if separate from the principal building. Safety Codes (Building and Fire) addresses the safety aspects of the suite including but not limited to, window sizes in bedroom, separate egress, heating and ventilation systems and fire separation. While the perceived need for this type of housing alternative is recognized, we must also take into consideration the effect on adjacent landowners and the safety of the residents of the dwelling(s). Planning, Safety Codes and Fire Services are working together to define what constitutes a studio suite, identify ways to make landowners aware of the requirements and develop better enforcement methods and guidelines. In the meantime we will continue to take action when illegal suites are identified to have the owners comply with the Land Use Bylaw and Safety Codes requirements by applying for permits and bringing suites and parking into conformance with the regulations and legislation or by removing the separate, self-contained suites from the home and/or site. November 20, 2014 MPC Agenda Package Page 64 Operations Centre Expansion Phase 1 – Design-Build Contract Award Issue Council authorization is required to commence negotiations and enter into an agreement for a Design-Build contract for the Operations Centre Expansion project. MOTION: That Council authorize Administration to proceed with negotiations and enter into an agreement with Giffels Westpro Inc. for a Design-Build contract for the Operations Centre Expansion Program – Phase 1. Carried Unanimously Centre Avenue Conceptual Design Changes Issue Stantec Consulting have undertaken a design exercise on changes to the Centre Avenue Corridor to improve connectivity for active transportation users. MOTION: That the Centre Avenue Conceptual Design Changes report and presentation by Stantec Consulting be received as information. Carried Unanimously Okotoks Air Ranch Master Agreement Issue The Okotoks Air Ranch Master Agreement has been considered by all affected parties and approval in principle of the agreement by the current Council would affirm the Town’s support for the agreement. MOTION: That the Okotoks Air Ranch Master Agreement be approved in principle and that Administration continue to work with all affected parties towards implementing the provisions and arrangements of the Agreement. Carried Unanimously Councillor Inquiries: Councillor Rockley Issue Councillor Rockley requested that Administration provide information on the financial impact of two different development scenarios at 34 McRae Street, often referred to as the "landmark site". One scenario is that the Town would retain ownership, develop a public park that functions as a spray park in the summer and a skating rink in the winter. The second scenario is to sell the site for redevelopment. He requested a financial comparison that looks twenty years into the future that factors in the land sale revenue and property tax revenue versus the capital construction cost and ongoing maintenance costs. November 20, 2014 MPC Agenda Package Page 65