Municipal Planning Commission. AGENDA December 6, :00 PM COUNCIL CHAMBERS Main Floor, City Hall Avenue South

Transcription

1 Municipal Planning Commission AGENDA December 6, :00 PM COUNCIL CHAMBERS Main Floor, City Hall Avenue South

2 Municipal Planning Commission DATE OF MEETING December 6, 2011 TIME OF MEETING PLACE OF MEETING COMMITTEE MEMBERS MEETING AGENDA 3:00 pm Council Chambers, City Hall Alderman Jeff Carlson Alderman Liz Iwaskiw Alderman Jeff Coffman Alderman Bridget Mearns Member at Large - Wayne McGinn Member at Large - Ron Peta Member at Large - Gail Sarka Member at Large - Mark Murphy Member at Large - Bob Higgins 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. DEV03788, Development Officer: Pam Colling 6. Adjourn meeting

3 Municipal Planning Commission ADOPTION OF MINUTES

4 MINUTES of a Regular Meeting of the MUNICIPAL PLANNING COMMISSION (MPC) held on Tuesday, November 22, 2011 at 3:00 p.m. with the following in attendance: CHAIRMAN: J. Carlson Alderman MEMBERS: J. Coffman Alderman B. Mearns Alderman B. Higgins Member at Large R. Peta Member at Large G. Sarka Member at Large OTHERS: M. Gaehring Secretary to the Commission A. Olsen Development Officer W. Smith Recording Secretary ABSENT: W. McGinn Member at Large M. Murphy Member at Large B. HIGGINS: THAT Alderman Jeff Carlson is appointed Chairman of the Municipal Planning Commission (MPC) for the 2012 term CARRIED G. SARKA: THAT the minutes of the meeting of the Municipal Planning Commission (MPC) held on September 27, 2011 be approved CARRIED DEVELOPMENT APPLICATIONS: DEV03760, Stacey and Branden Davidson, Street North, proposes to establish m 2 (12,667 sq. ft.) for the purpose of an amusement facility (electric go-carts, arcade games, jungle gym, party rooms, etc) and a request for a waiver of 28 off-street parking stalls. Land Use District is I-B Business Industrial District. Development Officer s Presentation: Angela Olsen, Development Officer outlined the following information: Application is before the Commission because MPC policy states that all applications for amusement facilities shall come before the Commission for a decision Existing building previously housed Ducan Industries Property was sold and has numerous businesses running out of it Applicant proposes to convert m 2 vacant space to amusement facility Amusement facility will include go-carts, go-cart track, arcade, kiddie rides, jungle gym, games that you would typically see at a fair, prize booth, concession area and party rooms for birthdays, etc Require 59 off street parking stalls for the 1/20m 2 amusement facilities area Require 45 off street stalls for existing businesses Require 28 off street stalls for vacant space in building

5 Parking plan shows 104 stalls therefore a waiver of 28 off street parking is required Neighbourhood letters were sent to property owners within a 60m radius, with no objections received Questionable if business is appropriate for the nearby residential Parking stalls should be identified with curb stops due to parking lot being is gravel Potential negative impacts to neighbouring properties: o Parking overflow into streets o Loitering o Littering o Noise Negative impacts could be worse if business became highly successful but impacts could be mitigated with proper management and due diligence In conclusion, Ms. Olsen stated that Development Services is not prepared to make a recommendation on this application Other Presentations: Stacey Davidson, Applicant, advised as follows: Presently leases space in building for an existing business applicant operates Spent many hours cleaning up and taking away garbage on property and received thanks from neighbouring businesses for improving the property Repainted exterior of building Hours of operation would approximately be 3:00 p.m. to 10:00 p.m. week days with a possibility to being open earlier on weekends and holidays Nearby auto business has a parking lot that could be used for overflow parking on weekends and evenings Would only be five go-carts running at one time and carts could be controlled by staff members if necessary Researched and visited many similar entertainment establishments of this type during vacations Nearest similar business is located in Brooks Due to the mass amount of space needed to have this type of business there is nothing similar to this business in Lethbridge There was no response to the Chairman s three calls for anyone else wishing to speak. Questions: Ms. Olsen and Mr. Davidson responded to questions regarding: Any issues with past similar businesses on record Clarification of the target market wanting for business Other regulatory or inspections needed for the go-cart portion of business Parking waiver a huge concern due to lots of parents only dropping off/picking up children and not entering Clarification of planned operating hours of business Lease portion of building presently Plan in place for security of business inside and out Certain permits and requirements needed for amusement designation Noise from go-cart track itself Neighbouring businesses aware of business plan All amusement applications are discretionary throughout the city except in the downtown commercial area Business plan in place

6 The following motion was presented: B. HIGGINS: THAT the Development Application DEV03760 be APPROVED with the following conditions: 1. Classification: Amusement Facility which is a discretionary use in the I-B (Business Industrial District). 2. The development shall be in accordance with the plans submitted November 15 and 15, Any change to these plans requires the approval of the Development Officer. 3. A waiver of 28 off-street parking spaces be approved, therefore, requiring 104 off-street parking stalls for the entire building. 4. Off-street parking: 59 spaces be provided and maintained for this use. All 104 parking stalls shall be identified with curb stops. 5. Signs: Prior to the installation of any exterior signs, a sign permit must be approved by the Development Officer CARRIED DEV03777, Alberta Ltd./Tony D Agnone, 2433 Fairway Plaza Road South, proposes to change the use of the building to Entertainment Establishment. Land Use District is C-H Highway Commercial District. Development Officer s Presentation: Angela Olsen, Development Officer outlined the following information: Application is before the Commission because MPC policy states that all applications for entertainment establishments shall come before the Commission for a decision Municipal Planning Commission approved the eating and drinking establishment and entertainment establishment in 2002 Municipal Planning Commission approved the construction of an outdoor patio for the same business in 2007 Applicant proposes to convert the restaurant portion of the existing business to entertainment establishment No waivers or increase in parking are required for this change in use Neighbourhood letters sent to five (5) property owners within 60m radius of the building with no responses received Closest residential development would be apartments located to the north and are approximately 177 meters away Appears to be no material or undue impacts on the use, enjoyment or value on neighbouring properties In conclusion, Ms. Olsen stated that Development Services is in support of the application Other Presentations: There was no response to the Chairman s three calls for anyone else wishing to speak.

7 Questions: Ms. Olsen and Mr. D Agnone responded to questions regarding: Patio will be maintained after change Still serving a full menu The following motion was presented: J. COFFMAN: THAT the Development Application DEV03777 be APPROVED with the following reasons: 1. Classification: Entertainment Establishment which is a discretionary use in the C-H (Highway Commercial District). 2. The development shall be in accordance with the plans submitted November 1, Any change to these plans requires the approval of the Development Officer. 3. Signs: Prior to the installation of any exterior signs, a sign permit must be approved by the Development Officer CARRIED DEV03791, SmartCentres/Dave Major, 3700 Mayor Magrath Drive South, proposes to change the use of the building to Entertainment Establishment. Land Use District is C-H Highway Commercial District. Development Officer s Presentation: Angela Olsen, Development Officer outlined the following information: Application is before the Commission because MPC policy states that all applications for entertainment establishments shall come before the Commission for a decision Application was made in 2000 to construct a commercial centre with approved uses of eating and drinking establishments (restaurants, licensed or unlicensed for alcohol beverage service) In 2001 application was made for the Restaurant/Bar (East Side Mario s) to be constructed, at which time building inspection questioned the terminology of bar on the application and drawings Architect contacted Development Services for clarification and the response was the explanation of bar is satisfactory and was of the opinion that East Side Mario s complied with the approved uses Applicant proposes to convert the use to entertainment establishment with a proposed 9.29m 2 stage area to accommodate up to three (3) musicians at one time No waivers or increase in parking are required for this change in use Neighbourhood letters sent to five (5) property owners within 60m radius of the building with no responses received Closest residential development would be modular homes located to the north and are approximately 240 meters away Appears to be no material or undue impacts on the use, enjoyment or value on neighbouring properties In conclusion, Ms. Olsen stated that Development Services is in support of the application

8 Other Presentations: Darren Weekes, Original Joes, advised as follows: State & Main operated under the banner of Original Joes is a family friendly restaurant Construction of stage, with no dance floor, will allow for live entertainment Plans are to switch/flip original floor plan submitted from East Side Mario s There was no response to the Chairman s three calls for anyone else wishing to speak. Questions: Ms. Olsen and Mr. Weekes responded to questions regarding: Clarification of business proposal application Needed change in proposed use The following motion was presented: B. MEARNS: THAT the Development Application DEV03791 be APPROVED with the following reasons: 4. Classification: Restaurant and Entertainment Establishment which is a discretionary use in the C-H (Highway Commercial District). 5. The development shall be in accordance with the plans submitted November 3, Any change to these plans requires the approval of the Development Officer. 6. Signs: Prior to the installation of any exterior signs, a sign permit must be approved by the Development Officer CARRIED B HIGGINS: THAT the Municipal Planning Commission of November 22, 2011 be adjourned CARRIED CHAIRMAN SECRETARY

9 Municipal Planning Commission NEW BUSINESS Item 5.1

10 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 1 of 6 APPLICATION NO LAND USE DISTRICT LOCATION R L Low Density Street South DEV03788 Residential APPLICANT Yohannes Golom LANDOWNER Yohannes and Tezga Golom PROPOSED DEVELOPMENT Appendix A: Drawings To construct a secondary suite in the basement of Street South CURRENT DEVELOPMENT Single Detached Dwelling ADJACENT DEVELOPMENT North Single Detached Dwelling South Single Detached Dwelling East Single Detached Dwelling West Single Detached Dwelling CONTEXT MAP

11 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 2 of 6 LAND USE BYLAW SUMMARY Use: Single Detached Dwelling Secondary Suite, New Permitted Discretionary Parking Standard Proposed Waiver 3 in Total 3 in Total None Required (2 for Dwelling and (1 in Attached Carport, 1 for Secondary Suite) 1 in West Driveway and 1 in South Driveway to be constructed) NOTIFICATION SUMMARY Appendix B: Neighbourhood Letters and Responses Neighbourhood Assoc Neighbourhood N/A Sixty two letters were sent to landowners within a 60m radius of the subject property. The number was large due to the multi-family apartment building to the north. Eight letters and one petition were received in opposition to this application. Issues centered on: Parking Traffic Safety of neighbouring children Untidy property lack of maintenance / care Number of renters at one time

12 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 3 of 6 EVALUATION Background An application to construct a secondary suite in the basement at Street South was received on November 2, Single detached dwellings are permitted uses in the R-L Low Density Residential District. Secondary Suites, New are discretionary uses in the R-L Low Density Residential District. Secondary Suite, New Definition: Means a second self-contained dwelling unit located 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. Secondary Suite Requirements: One parking stall per secondary suite must be provided onsite. One secondary suite allowed per parcel. 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. The secondary suite shall not be subject to separation from the principal dwelling through a condominium conversion. The application for the new secondary suite contained: A basement floor plan showing two bedrooms, one bathroom, laundry room and a kitchen/living area. A site plan showing the location of the required three off-street parking stalls. Two are provided on the west side of the property one carport and one driveway. One in a driveway that will be constructed on the south side of the property. A neighbourhood letter was sent to a 60m radius of the subject parcel on November 3, The Land Use Bylaw, Section 5, 20 (4) Notices to the public before consideration of an application: (a) Be published once in a newspaper circulating in the City, an in addition may take one or both of the following forms: (i) A notice mailed to each landowner within 60m of the parcel which is the subject of the application. Due to the number of neighborhood responses to the Notice To Neighbours, I did not make a decision to approve or refuse this application, but to bring to the Municipal Planning Commission for consideration.

13 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 4 of 6 Context This application is before the Commission because: There were a number of neighbourhood responses to the Notice to Neighbours. Considerations The required three off-street parking stalls will be supplied via the attached carport, west driveway and south driveway (to be constructed). 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. He will be making this a safe, legal suite. He and his wife intend to move into this house at some point due to its proximity to the hospital and that it does not have any stairs. He has a vested interest in ensuring that it does not fall into disrepair. Road is of standard width and the estimated 10 extra trips generated by this suite can be accommodated by the existing road network according to City of Lethbridge standards as confirmed by our Manager Transportation Engineering. Sewer and Water servicing is able to accommodate the additional suite. Residential developments do not impact servicing as much as commercial developments do. Fire hydrant is located across the street to the south-east 2 doors down less than 30m away. 4 Bus Stops are located very near the subject parcel 2 along 9 th Avenue South and 2 along Mayor Magrath Drive South. Hospital is in close proximity to subject parcel. Schools are relatively close to subject parcel within roughly 4 blocks. Located within close proximity to some shopping to the west along 9 th Avenue. Located within walking distance to amenity spaces such as Nikka Yuko Japanese Garden, Henderson Lake Swimming Pool, Henderson Park Ice Centre, Spitz Ball Diamonds, Lethbridge Tennis Club and Henderson Lake Golf Course. Other approved Secondary Suites in the neighbourhood - 0. Legislation & Policy Land Use Bylaw 4100, Section 71, R-L District Integrated Community Sustainability Plan/Municipal Development Plan

14 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 5 of 6 CONCLUSION This application is supported for the following reasons: The required three off-street parking stalls will be provided and maintained at all times. Only one secondary will be developed in the dwelling. The secondary suite has a separate access either through an entryway from the exterior of the dwelling or through a separate entrance within a common landing. This secondary suite will not be subject to separation from the principal dwelling through a condominium conversion. There appears to be no material or undue impact on the use, enjoyment, or value on neighbouring properties or neighbourhood amenities.

15 Municipal Planning Commission December 6, 2011 New Business 5.1 Page 6 of 6 ALTERNATIVES Approval This application may be approved. Appropriate conditions should be cited. If this application is approved Note: 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. Note: 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 time frame for lifting from the table should be cited. Instructions for re-advertising should be cited. If this application is tabled.. Note: The applicant may be given time to alter the application. The applicant may be given time to provide further information. RECOMMENDATION That this application be approved with the following recommended conditions: 1. The secondary suite shall be developed in accordance with the plans submitted November 2, Any changes to these plans require the approval of the Development Officer. 2. That three off-street parking stalls (two for the dwelling and one for the secondary suite) shall be provided and maintained at all times.

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18 NOTICE TO NEIGHBOURS This letter is being sent to property owners within a 60m radius of: STREET SOUTH You were previously informed that an application had been received to construct a secondary suite at the above noted address. No decision on this application has been made. This application will be considered by the Municipal Planning Commission on December 6, 2011 at 3:00 p.m. in Council Chambers, Main Floor of City Hall. If you feel you will be impacted by this development, please explain how and why in writing and it will be submitted to the Commission. You may mail, , or deliver it to the Development Services Department for receipt not later than 4:30 p.m., on December 5, In addition or alternatively, you may speak to the Commission at the meeting. All written material previously submitted to this office will be presented to the Commission. Please note that all information you provide will be made public. Pam Colling Development Officer cc: Applicant D EVELOPMENT S ERVICES D EPARTMENT City Hall, th Avenue South, Lethbridge, Alberta, Canada T1J 0P6 Phone: (403) Fax: (403) developmentservices@lethbridge.ca

19 NOTICE TO NEIGHBOURS This letter is being sent to property owners within a 60m radius of: STREET SOUTH An application has been received to construct a secondary suite in the basement of the above noted address. If you require any further information about this development application please contact Development Services at , by November 14, If you feel that you will be impacted by this development, please explain how and why in writing or by on or before the above date. Please note that all information you provide can be made public. Pam Colling Development Officer cc: Applicant D EVELOPMENT S ERVICES D EPARTMENT City Hall, th Avenue South, Lethbridge, Alberta, Canada T1J 0P6 Phone: (403) Fax: (403) developmentservices@lethbridge.ca

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