municipal planning commission agenda july 21, 2020 · june 19, 2020notifying neighours of mpc...

Municipal Planning Commission

AGENDA

July 21, 2020

3:00 PM

COUNCIL CHAMBERS Main Floor, City Hall

910 – 4 Avenue South


DATE OF MEETING July 21, 2020 TIME OF MEETING 3:00 pm PLACE OF MEETING Council Chambers, City Hall COMMITTEE MEMBERS

Councillor – Blaine Hyggen (Alternate) Councillor – Belinda Crowson Councillor – Joe Mauro Councillor – Rob Miyashiro Member at Large – Kelti Baird Member at Large – Morgan Elemans Member at Large –Kris Fleckenstein Member at Large – Paul Tessier Member at Large –Andy Tuveson

MEETING AGENDA 1. Welcome – Chair 2. Approval of Agenda 3. Adoption of Minutes 3.1. Additions 3.2. Deletions 4. Old Business 5. New Business

5.1 153 McGill Blvd W DEV12181, Development Officer Pam Colling

5.2 1513 Lakeshore Rd S DEV12188, Development Officer Pam Colling

6. Adjourn meeting


ADOPTION OF MINUTES

2020-006

MINUTES of a Regular Meeting of the MUNICIPAL PLANNING COMMISSION (MPC) held on Tuesday, July 7, 2020 at 3:00 p.m. with the following in attendance: CHAIRMAN: B. Crowson Councillor MEMBERS: R. Miyashiro Councillor

K. Baird Member at Large K. Fleckenstein Member at Large P. Tessier Member at Large

A. Tuveson Member at Large (Participated Remotely) OTHERS: M. Gaehring Secretary to the Commission A. Olsen Senior Development Officer

J. Price Senior Subdivision Planner W. Smith Recording Secretary

ABSENT: J. Mauro Councillor M. Elemans Member at Large

___________________________________________________________________________________ P. TESSIER:

THAT the agenda of the meeting of the Municipal Planning Commission (MPC) held on July 7, 2020 be approved as presented/amended.

-------------------------CARRIED ____________________________________________________________________________________

K. FLECKENSTEIN:

THAT the minutes of the meeting of the Municipal Planning Commission (MPC) held on June 23, 2020 be approved.

-------------------------CARRIED ____________________________________________________________________________________ DEVELOPMENT APPLICATIONS: “PROPOSED AMENDMENT TO “BLACKWOLF OUTLINE PLAN”, File No: OLP00010, Associated Engineering Alberta Ltd., on behalf of Avonlea Homes Ltd., has applied to amend the existing Outline Plan for BlackWolf. The amendment area contains approximately 8.3 hectares (20.5 acres) of undeveloped land, lying west of 28th Street N and the Sherring Business & Industrial Park and north of the undeveloped land that is the current location of a CBC broadcast tower. Senior Subdivision Planner’s Presentation: Jason Price, Senior Subdivision Planner presented the “Proposed Amendment to “BlackWolf Outline Plan” for approximately 8.3 hectares (20.5 acres) of undeveloped land lying west of 28th Street N and the Sherring Business & Industrial Park and north of the undeveloped land that is the current location of a CBC broadcast tower. Outline Plans are brought to MPC. Purpose of an outline plan is to expand on the policies established in an Area Structure Plan to provide a more detailed planning and engineering framework to guide the phased subdivision and development of a new neighbourhood. The BlackWolf Outline Plan amendment has been prepared in accordance with the policies and objectives outlined in the Hardieville-Legacy Ridge-Uplands Area Structure Plan. This amendment is consistent with the policies of the South Saskatchewan Regional Plan and the City of Lethbridge Integrated Community Sustainability Plan/Municipal Development Plan.

2020-007

The report provides detailed information with respect to goals and objectives of the plan, form of housing, residential density, open space allotment and master underground servicing plans and has been reviewed by administration staff (Planning Review Team). This Outline Plan amendment contemplates key alterations to the previously approved plan which include:

• The re-introduction of a larger multi-family site into the plan area to be located at the intersection of BlackWolf Blvd and 28 St N. The proposed land use in this area of the plan will change from a mix of low and medium density residential to high density residential.

• Minor updates to the transportation and servicing concepts as necessitated by the land use revision.

There are no changes proposed to the existing built areas of the neighbourhood Full buildout could see 754 dwelling units (up from 499) with an increase in density to 15.81 units per hectare (up from 10.5 units per hectare). Notice of MPC meeting was advertised June 27, 2020. Adjacent property owners were also notified and invited to submit written comments or attend the MPC meeting. Additional notification to the public is required with the future rezoning and subdivision processes. In conclusion, Mr. Price recommended that application OLP00010, BlackWolf Outline Plan Amendment be approved with the following condition:

1. That future land use bylaw amendment applications and subdivision applications conform with this approval with respect to land use and street pattern to the satisfaction of the Approving Authority.

Applicant’s Presentation: Bill Delainey, Senior Planner, Associated Engineering, advised as follows: • Avonlea Homes is proposing the amendment located on the northwest corner of 28th St N and

BlackWolf Blvd intersection • Purpose of amendment will support multi-family development, add diversity of housing and fill a need

in the housing market • Land use changes from mixed low/medium density use to high density use • Sherring Industrial Park is located directly east of the BlackWolf neighbourhood • Combination of 28th St N and the proposed multi-family site provides a transition from higher intensity

industrial uses to lower intensity • 28th St N being the arterial roadway and BlackWolf Blvd N a major collector road is designed to

accommodate increased traffic • Site is located near a planned transit stop and within walking distance of Legacy Regional Park and the

BlackWolf parks • Multi-family site reduces traffic in interior areas • Does not reduce the number of lots backing onto park and overall density remains lower than in original

plan • Proposed increased density has no impact on level of the present infrastructure Other Presentations: There was no response to the Chairman’s three calls for anyone else wishing to speak.

2020-008

Questions: Mr. Price and Mr. Delainey responded to questions regarding:

• Excavation has taken place already in anticipation of the Outline Plan being approved • Catch Basin/Storm Pond for area in already in use and goes northward • 44 Avenue N is planned to be constructed in near future • Peculiar to have traffic counts where there is no road • New development will increase traffic • Use of “BlackWolf” is excessive with naming roadways • Phase One of BlackWolf was referred to the “New North” • Architectural Control doesn’t seem to be enforced in later phases of construction • Necessary for the high density to be built • Traffic count for 44 Avenue N/BlackWolf Blvd N/Lynx Rd N would be excessive

The following motion was presented:

R. MIYASHIRO: THAT Application No. OLP00011 “BlackWolf Outline Plan Amendment” is APPROVED with the condition that future land use bylaw amendment applications and subdivision applications conform with this approval with respect to land use and street pattern to the satisfaction of the Approving Authority.

-------------------------CARRIED OPPOSED: P. TESSIER ____________________________________________________________________________________ DEV12156, The Southern Alberta Self Help Association (SASHA), 1324 & 1328 16 Avenue South, propose to establish a group home with a maximum of 10 clients and two staff members at one time. Land Use District is R-L Low Density Residential District. Development Officer’s Presentation: Angie Olsen, Senior Development Officer outlined the following information: • Application received June 12, 2020 to establish a group home for a maximum of 10 clients and two

staff members. • Group Homes are typically brought before MPC • Group Home means using a dwelling for a residential care facility with support care for 4 to 10 persons

who require supervised group living arrangements. This includes seniors’ group homes and may incorporate accommodation for resident staff

• Entire building will house a maximum of 10 clients, six clients occupying 1328 and four clients occupying 1324

• Home will have one full time staff member between 8:00 a.m. to 1:00 p.m. then back at 4:00 p.m. to 8:00 p.m. and may have a maximum of two staff members present. Home has one part time staff member on weekends and statutory holidays that adheres to same hours

• Visiting professionals are not considered staff • Fenced back yard provides amenity space for residents • Development requires four off street parking stalls which will be provided in rear of property • Will have no significant change to traffic patterns due to group home • Applicant has provided a neighbourhood communication plan, which describes the operations and

provides contact information for neighbours if issues occur • Group Homes are typically brought before MPC • This application meets the requirements of Land Use Bylaw 5700

2020-009

• Neighbourhood letters sent to property owners within 100m radius of the proposed development on June 19, 2020 notifying neighours of MPC meeting. Received phone calls from neighbours inquiring about the clients that will be residing at location

• In conclusion this application is put forward for MPC’s decision based on information provided and recommendation given by Development Officer

Applicant’s Presentation: Kristen Foley, on behalf of The Southern Alberta Self Help Association (SASHA), advised as follows: Applicant was present but had nothing to add and was available for questions

Other Presentations: There was no response to the Chairman’s three calls for anyone else wishing to speak. Questions: Ms. Olsen and Ms. Foley responded to questions regarding: • Common doorway between units • Common doorway be allowed • Staff able to call in staff in a crisis situation without violation • Egress windows in lower level • SASHA took possession of building on what date • Presently home is vacant • Owner of building The following motion was presented:

K. FLECKENSTEIN: THAT Development Application DEV12156 be APPROVED with the following conditions: 1. That this group home be approved for a maximum of 10 clients in the entire building.

2. That this group home be approved for a maximum of two scheduled staff to be present at one time. 3. That a minimum of four off-street parking spaces be provided and maintained for this use. 4. The applicant/provider must obtain and maintain any relevant provincial licenses and/or approvals.

-------------------------CARRIED ____________________________________________________________________________________

2020-0010

K. BAIRD: THAT this meeting of the Municipal Planning Commission be adjourned.

-------------------------CARRIED

CHAIRMAN SECRETARY


NEW BUSINESS Item 5.1


July 21, 2020 New Business

5.1 Page 1 of 10

APPLICATION NO. LAND USE DISTRICT LOCATION DEV12181 R-L Low Density

Residential District 153 McGill Boulevard West

APPLICANT LANDOWNER Diana Hebenik Diana Hebenik PROPOSED DEVELOPMENT To establish a Type B Home Occupation for the purpose of a sewing instructor with a maximum of six (6) customer visits to the home per day. She is requesting a waiver of customer visits to allow up to two (2) customers visits at a time, by appointment only (1.5 hour per appointment). Hours of operation: Monday through Friday 10:00 am to 7:00 pm and Saturday 10:00 am to 5:00 pm. One additional off-street parking stall is provide for customer visits. CURRENT DEVELOPMENT Single Detached Dwelling ADJACENT DEVELOPMENT North Single Detached Dwelling South Single Detached Dwelling and Two Unit Dwelling East Two Unit Dwelling West Single Detached Dwelling CONTEXT MAP



5.1 Page 2 of 10

NOTIFICATION SUMMARY

Neighbourhood Assoc.

N / A

Neighbourhood Neighbourhood notification letters were sent to 62 properties within a 100m radius of the subject parcel on July 9th advising the application will be presented to the Municipal Planning Commission on July 21st.

EVALUATION

Background An application was received on June 24, 2020 for a Type B Home Occupation for the purpose of sewing instruction with a maximum of six customer visits to the home per day. The parking site plan was provided on July 7, 2020 with additional information. The applicant is requesting a waiver of customer visits to allow up to 2 customers at a time, by appointment only. Each appointment would last up to 1.5 hours. Hours of operation: Monday through Friday 10:00 am to 7:00 pm and Saturday 10:00 am to 5:00 pm.

Our current practice is to take applications for land uses and waivers that would be expected to have an effect or impact beyond the boundaries of the parcel to the Municipal Planning Commission for their consideration.

The details of the meeting have been sent to residents within a 100m radius on July 9th, 2020 as well as to the applicant.

The meeting has also been advertised in the Lethbridge Herald on July 11th, 2020.



5.1 Page 3 of 10

LAND USE BYLAW SUMMARY Use: Type B Home Occupation Discretionary

Performance Standards

Proposed Waiver Requested

Customer Visits Maximum of 6 customers per day,

1 at a time, by appointment only

Maximum of 6 customers per day, by appointment only

Hours of operation:

Monday through Sunday 10:00 a.m. to

8:00 p.m.

A maximum of 2 customer visits to the

home at a time

Minimum On-Site Parking Spaces

3

2 stalls for the Single Detached Dwelling and

1 additional stall for customer visits

2

2 provided on a driveway beside the

single detached dwelling

N/A

Context This application is before the Commission because:

• Current practice is to bring applications for land uses and waivers that may have an impact beyond the parcel boundaries to the Municipal Planning Commission. o The applicant is given the opportunity to present her case in a

public forum, and o that residents have an opportunity to voice any concerns that they

may have.



5.1 Page 4 of 10

Considerations • The applicant has a cargo trailer on her driveway right now that she

has made arrangements for it to be relocated off-site. This allows for 2 vehicles to park in her driveway.

• She has a very large boulevard – 8.10m – which is more than adequate to park a vehicle on. It just can’t be counted towards her off-street parking requirement as it is technically City property. It cannot be used for anything though other than access to her driveway.

• This is a lane-less parcel.

• If the applicant is permitted to have 2 customer visits at one time, she would then only have 3 appointments per day as her maximum number of customers per day is 6. Their times would be spread out throughout the day and the impact to the neighbourhood could be less than if she were to have 6 individual appointments throughout the day.

• McGill Boulevard West is considered a main collector road through the University neighbourhood.

• McGill Boulevard is an east-bound one-directional Transit route. Transit runs along McGill Boulevard from McMaster Boulevard West to University Drive West. On-street parking on the north side of the street will not interfere with the Transit route.

• McGill Boulevard South is a major collector roadway as confirmed by our Transportation Department that has a capacity of 7,000 vehicles per day (due to the presence of front driveways). The estimated volume on McGill Boulevard West (calculated based on peak hour turning movement counts from 2012 and 2016) is approximately 4,000 vehicles per day. Well under capacity.

• There are no other Type B Home Occupations within a 100 radius of the subject parcel.



5.1 Page 5 of 10

Legislation & Policy Land Use Bylaw 5700

• Section 1.4 Definitions – Home Occupations • Section 5.3 Decision Process for Discretionary Uses • Section 9.12 Performance Standards for Home Occupations

Municipal Development Plan/Integrated Community Sustainability Plan

6.1.1 Lethbridge is a Good Place to Open and Operate a Business

The intent of these policies is to further develop the local economy, reinforce Lethbridge’s position as a predominant regional service centre and provide the foundation for nationally and internationally competitive businesses.

Policies: 5) Support home based businesses that respect the residential

characteristics of their neighbourhood.



5.1 Page 6 of 10



5.1 Page 7 of 10



5.1 Page 8 of 10



5.1 Page 9 of 10

RECOMMENDATION That the application for the Type B Home Occupation for the purpose of a sewing instructor be approved with the following conditions:

1. That a waiver of Section 9.12.1.1 Customer or Student Visits be granted to allow a maximum of two customer visits at one time, which must be by appointment only.

2. That this home occupation be conducted in accordance with Section

9.12 (Type B) of Land Use Bylaw 5700.

3. That a maximum of six customers be permitted to visit the home per day, a maximum of two at one time, by appointment only. Hours of operation: Monday through Friday 10:00 am to 7:00 pm and Saturday 10:00 am to 5:00 pm.

4. That one additional off-street parking stall shall be provided and maintained for customer visits to the home. This parking stall shall not displace resident parking at the home. Parking shall be in accordance with the parking plan submitted July 10, 2020.



5.1 Page 10 of 10

ALTERNATIVES

Approval This application may be approved. Appropriate conditions should be cited. If this application is approved: • The applicant may appeal any of the conditions of approval.

• Any affected party present at the MPC meeting may appeal the approval.

• The approval is advertized in the upcoming Saturday paper and any affected party may appeal the approval.

Refusal This application may be refused. Specific reasons for refusal must be cited. If this application is refused: • The applicant may appeal the refusal.

• The applicant may wait 6 months and reapply for the same development at the same location.

• The applicant may correct the aspects of the development that caused it to be refused and reapply before 6 months has elapsed.

• The applicant may make an entirely new application for the same proposal in a different location.

Tabling The application may be tabled: The cause of or reason for tabling should be cited. Conditions or a time frame for lifting it from the table should be cited. Instructions for re-advertising should be cited.

If this application is tabled, the application will again be brought before the Municipal Planning Commission for consideration at the next scheduled meeting date or when the item(s) that caused the application to be tabled is (are) resolved. Attendees at the current meeting will have to make arrangements to attend again in order to re-address the Commission in person. There could possibly be other implications depending on the reason for tabling.


NEW BUSINESS Item 5.2



5.2 Page 1 of 10

APPLICATION NO. LAND USE DISTRICT LOCATION DEV12188 R-L Low Density

Residential District 1513 Lakeshore Road South

APPLICANT LANDOWNER Robyn Chelte and Cory Guinness Robyn Chelte and Cory Guinness PROPOSED DEVELOPMENT To construct a secondary suite in the basement of the existing single detached dwelling. Four off-street parking stalls are provided. CURRENT DEVELOPMENT Single Detached Dwelling ADJACENT DEVELOPMENT North-East Single Detached Dwelling North-West Park South-West Single Detached Dwelling South-East Single Detached Dwelling CONTEXT MAP



5.2 Page 2 of 10

NOTIFICATION SUMMARY

Neighbourhood Assoc.

N/A

Neighbourhood 32 letters were sent to neighbours within a 100m radius of the subject parcel on April 3, 2018.

5 residents sent in objections to this proposal.

LAND USE BYLAW SUMMARY Use: Secondary Suite, New Discretionary

Requirement Approved Requirement Met

Parking

1 additional off-street parking stall for secondary suite

4 provided

Exceeded

Number of Suites Allowed

1

1 Yes

Access To Suite • Separate Access

from Exterior, or • Separate Entrance

through Common Landing

• Separate Access

from Exterior

Yes

Parcel Subdivision Shall Not Be Subject to Separation from Principal Dwelling through Condo Conversion

Will Not be Subdivided from Existing Single Detached Dwelling

Yes



5.2 Page 3 of 10

Context This application is before the Commission due:

• To the number of responses received from residents.

EVALUATION

Background An application to construct a secondary suite in the basement of the existing single detached dwelling was received on June 25, 2020. 32 neighbourhood notification letters were sent to residents within a 100m radius of the subject parcel on June 26, 2020. From this notification, 5 letters in objection to this proposal were received. As this applicant has generated some concern from residents, it was decided that this application would be presented to the Municipal Planning Commission on July 21st. 32 neighbourhood notification letters were again sent on July 9th, advising of the date, time and location of the Municipal Planning Commission meeting.



5.2 Page 4 of 10

Considerations Compliance

• One additional off-street parking stall must be provided for the secondary suite. o 2 stalls provided on the front driveway, o 2 stalls provided in the detached garage

• One secondary suite is allowed per parcel:

o A secondary Suite, New means a second self-contained dwelling unit on a parcel in which the principal use is a single detached dwelling. Secondary Suite, New may include development within the single detached dwelling or within or above a detached garage.

• The secondary suite must have a separate access either through

entryway from the exterior of the dwelling or through a separate entrance within a common landing. o This secondary suite has a separate access from the exterior.

Zoning

• Parcel is zoned R-L Low Density Residential District o Purpose: Primarily for the development of single detached

dwellings and compatible uses. Secondary suites are considered to be a compatible use.

o Secondary Suites, New are Discretionary Uses in the R-L Low Density Residential District. Secondary Suites are a low density use.

Density

• Density for this neighbourhood is just over 19 units/hectare. Maximum density is 26 units/hectare. Maximum density for this neighbourhood has not yet been reached.

• There are no other secondary suites approved within a 100 m radius of the subject parcel.

Safe Living Accommodations

• Alberta Safety Code Requirements – all construction (including the secondary suite) must meet Alberta Safety Code requirements which include Building, Electrical, Fire, Gas, Heating and Plumbing. The applicant will be making this a safe, legal suite.

Parking

• Property owner has provided four off-street parking stalls. One in excess of what is required.

• On-street parking is public parking to which anyone can park.



5.2 Page 5 of 10

Road Network

• Lakeshore Road South is a local road as confirmed by our Transportation Department that has the capacity of 2,000 vehicles per day. The counts from 2011 show that there are only around 200 vehicles per day travel Lakeshore Road South between Lakeridge Boulevard South and Lakeside Road South. Transportation has indicated that this has likely not changed to date. Well below capacity.

Legislation & Policy Land Use Bylaw 5700

• Section 1.4.3, Definitions o Secondary Suite, New

• Section 9.22, Parking and Loading Requirements • Section 14.5, R-L Low Density Residential District

Integrated Community Sustainability Plan/Municipal Development Plan:

• “6.2.1 – Lethbridge Has a Range of Housing that Meets Everyone’s Needs

The intent of these policies is that everyone has safe and accessible housing in our City.

2) Integrate a range of housing types throughout the City. 3) Encourage and facilitate the adequate supply of housing for all

income groups. 4) Develop accessible housing units in areas where ancillary

neighborhood facilities are currently available (e.g. schools, parks, transit routes, groceries) or will be developed in the future.”

• “6.2.2 – Lethbridge is a Welcoming and Diverse City

The intent of these policies is to foster an environment of inclusivity and provide a welcoming community for all residents and visitors.”

• “6.4.1 – Lethbridge is a Compact City

The intent of these policies is to minimize the urban footprint of Lethbridge by using land more effectively.”



5.2 Page 6 of 10

South Saskatchewan Regional Plan 2014-2024 5. Efficient Use of Land

Objective: • The amount of land that is required for development of the built

environment is minimized over time. Strategies: 5.1 All land-use planners and decision-makers responsible for land-use

decisions are encouraged to consider the efficient use of land principles in land-use planning and decision-making.

Principles:

2. Utilize the minimum amount of land necessary for new development and build at a higher density than current practice.

3. Increase the proportion of new development that takes place within already developed or disturbed lands either through infill, redevelopment and/or shared use, relative to new development that takes place on previously undeveloped lands.

4. Plan, design and locate new development in a manner that best utilizes existing infrastructure and minimizes the need for new or expanded infrastructure.



5.2 Page 7 of 10



5.2 Page 8 of 10



5.2 Page 9 of 10



5.2 Page 10 of 10

RECOMMENDATION That this application for the a Secondary Suite, New be approved with the

following conditions:

1. The secondary suite shall be developed in accordance with the plans submitted June 25, 2020. Any changes to these plans requires the approval of the Development Officer.

2. A minimum of three off-street parking stalls (2 for the single detached dwelling and 1 for the secondary suite) shall be provided and maintained at all times.

municipal planning commission agenda july 21, 2020 · june 19, 2020notifying neighours of mpc...

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