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
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November 20, 2014 MPC Agenda Package
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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”
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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
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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
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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.
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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.
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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
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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
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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
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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:
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…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.
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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
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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
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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
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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
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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
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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