Municipal Planning Commission
Transcription
Municipal Planning Commission
Municipal Planning Commission AGENDA December 15, 2015 3:00 PM COUNCIL CHAMBERS Main Floor, City Hall 910 – 4 Avenue South Municipal Planning Commission DATE OF MEETING December 15, 2015 TIME OF MEETING 3:00 pm PLACE OF MEETING Council Chambers, City Hall COMMITTEE MEMBERS Councillor – Jeff Coffman Councillor – Blaine Hyggen Councillor – Rob Miyashiro Councillor – Bridget Mearns (Alternate) Member at Large – Stephen Neis Member at Large – Bruce Thurber Member at Large – Kendal Hachkowski Member at Large – Ian MacLachlan Member at Large – Lorne Armstrong MEETING AGENDA 1. Welcome – Chair 2. Approval of Agenda 3. Adoption of Minutes 3.1. Additions 3.2. Deletions 4. Old Business 4.1 5. New Business 5.1. DEV007583, Development Officer: Pam Colling 6. Adjourn meeting Municipal Planning Commission ADOPTION OF MINUTES MINUTES of a Regular Meeting of the MUNICIPAL PLANNING COMMISSION (MPC) held on Tuesday, September 22, 2015 at 3:00 p.m. with the following in attendance: CHAIRMAN: J. Coffman Councillor MEMBERS: L. Armstrong K. Hachkowski I. MacLachlan S. Neis B. Thurber Member at Large Member at Large Member at Large Member at Large Member at Large OTHERS: M. Gaehring P. Colling J. Robinson Community Planning Manager Development Officer Recording Secretary ABSENT: B. Hyggen Councillor R. Miyashiro Councillor ____________________________________________________________________________________ S. NEIS: THAT the minutes of the Municipal Planning Commission of Tuesday July 14, 2015 be approved. -------------------------CARRIED __________________________________________________________________________________ DEVELOPMENT APPLICATIONS: DEV07334, Ashcroft Master Builder Ltd, 722 – 17 Street South, proposes to construct a detached garage with a secondary suite above and a request for a 2.53m (8’4”) waiver of the maximum building height. Development Officer’s Presentation: Pam Colling, Development Officer outlined the following information: • • • • • • • • • • Application was received on March 18, 2015 to construct a detached garage with secondary suite above and a request for a 2.53m (8’4”) waiver of the maximum building height. The secondary suite is intended for living quarters for the nanny of the growing family that will be living in the new single detached dwelling currently under construction on the parcel. Application is before MPC because of the number of responses received in objection to this proposal. Neighbourhood Notification Letters were sent to residents within a 60m radius of the subject parcel on August 20, 2015. Five letters of objection were received. One letter of objection was rescinded after the neighbour spoke with the future owner of the property. Once they learned of the reasoning for the secondary suite, they were no longer in objection to the proposal. Due to the number of responses from the neighbours in objection, a decision was made to present this application to the Municipal Planning Commission for consideration. A second letter was sent to residents within a 60m radius advising of the date, time and location of the MPC meeting on September 10, 2015. One letter was received as a result of this letter. One additional off-street parking stall must be provided for the secondary suite o 2 are provided in the detached garage, and o 1 parking stall provided on a pad beside the detached garage. One secondary suite is allowed per parcel. 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 only waiver required is of the maximum building height which is necessary to construct the secondary suite above the detached garage. Parcel is zoned R-L Low Density Residential District o Purpose: Primarily for the development of single detached dwellings and compatible uses. Accessory buildings and secondary suites are compatible uses. o Accessory buildings are permitted uses in this district. o Secondary Suites, New are discretionary uses in this district. o Waiver of any of the requirements outlined in this district may be granted should they pose no undue effect on the subject parcel or neighbouring parcels. o Waivers for over-height detached garages are not uncommon. Building height waivers have been granted for detached garages that do not have secondary suites in them. Waivers have been granted for detached garages taller than this one. Three vacant parcels of land of varying sizes and shapes were consolidated into one parcel and then subdivided out into three 15.25m (50’0”) wide rectangular shaped parcels. Due to previous drainage issues, a drainage swale has been constructed at the rear of this property and the properties on either side with a grated drain connecting to the existing catch basin in the lane. This was done at the time of subdivision to ensure that drainage is handled correctly from all three properties. The swale is protected by an easement agreement registered on the affected titles. The easement is described as the most westerly 3.00 meters of the said lands. Due to the location of the swale at the rear of the property, it was necessary for the detached garage to be moved into the property a minimum of 3.00m to avoid the garage being placed on or within the easement. The easement states that you cannot erect any buildings or structures upon, over or under the said Easement without the written consent of the Grantee. The detached garage has been placed 4.30m from the rear property line to ensure that it does not affect drainage. The additional rear setback will ensure easy access to the detached garage from the lane and will not negatively impact access to the neighbouring properties across the lane to the west. The additional off-street parking stall required for the secondary suite has been placed alongside the detached garage and accessed from the side so as to be accessible from the widest part of the lane. Parking for both the single detached dwelling and the secondary suite are off of the lane and so will not negatively impact on-street parking. Parking on-street will then be available for visitors and neighbouring property owners. The detached garage was designed so that windows in both the garage and suite are on the front and rear elevations only. There are no windows on the side elevations. This will help to ensure that privacy of neighbouring parcels is not negatively impacted. The exterior finish of the detached garage will be in keeping with the exterior finish of the single detached dwelling on the parcel. The roof pitch and style will be the same. The design of this detached garage will also be complimentary to existing structures in this neighbourhood. There are 3 other detached garages that use this lane for access. There is only one parcel to the north of this that might see an effect on sunlight in their rear yard, 718 – 17 Street South. A parcel is not guaranteed/nor required to be provided sunlight through another property. Land Use Bylaw 5700 o Section 1.4.3, Definitions Accessory Building Secondary Suite, New o Section 9.22, Parking and Loading Requirements o Section 14.5, R-L Low Density Residential District Integrated Community Sustainability Plan/Municipal Development Plan: o “6.2.1 – Lethbridge Has a Range of Housing that Meets Everyone’s Needs o 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. o • • • • • • • • • • • • • o o 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.” In conclusion, Ms. Colling stated that Development Services is in support of the application for the following reasons: • • • • With the exception of the waiver of the maximum building height which is necessary for the secondary suite to be constructed above the detached garage, this application meets the requirements of Land Use Bylaw 5700. Placement of the detached garage on the parcel ensures: o no interference with overland drainage, o better maneuverability for residents onto this parcel and, o no negative impact for access to parcels across the lane to the west. It meets the goals and policies of the Integrated Community Sustainability Plan / Municipal Development Plan. There appears to be no material or undue impact on the use, enjoyment, or value on neighbouring properties or neighbourhood amenities. Applicant’s Presentation: Stephen Anderson, Ashcroft Master Builder Ltd, advised as follows: • • • • • Prior to the Development of this property there were complaints about the lots being vacant. Tried to maintain the trees on the Parcel, and to make the house look like the other houses on the street No one has complained about the look of the building, they have complained about the building effecting their sunlight. o The 60ft tree in the yard would also block the sunlight, the garage will be smaller than said tree. There is no concerns of emergency vehicle access Have lowered the walls of the garage to minimize structural impact. Other Presentations: Ken Hale, Citizen, advised as follows: • There have been close calls with collisions on the “T” intersection in the alleyway. • Parking on the front is shared with regional hospital workers • Applauds the efforts made by the developer, but feels by adding the suite on the garage it does not fit with the single dwelling zone. Kirsten & Michael Pirot, Home owners, advised as follows: • The garage has to be detached to keep with the neighbourhood style. • Suite is for a Nanny, provides them with dignity of not having to live in the basement. • Once a nanny is no longer needed the suite will be used for family and friends to stay. There was no response to the Chairman’s three calls for anyone else wishing to speak. Questions: Mr. Anderson, Mr. Hale and Ms. Collings responded to questions regarding: • • • • • • • Garbage Pick-up in the Alley Parking for the new home, as well as neighbor parking Garage heights for other detached garages within the City be approved for increased height Clarification on the external facing trim relief Alternative roofs needing a waiver Where the letters of objection were received in relation to parcel of land Location and completion of the swale The following motion was presented: K, HACHKOWSKI: That this application for the a detached garage with secondary suite above and a request for a 2.53m (8’4”) waiver of the maximum building height be approved with the following conditions: 1. A 2.53m (8’4”) building height waiver be granted, allowing the detached garage to have a maximum building height of 7.03m (23’1”). 2. The accessory building with secondary suite shall be developed in accordance with the plans submitted August 18, 2015. Any changes to these plans requires the approval of the Development Officer. 3. 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. 4. The exterior appearance of the accessory building shall be in accordance with plans submitted August 18, 2015 with the exception of additional attention to design of the side elevations to minimize the visible mass of the building to the satisfaction of the Development Officer. -------------------------CARRIED ____________________________________________________________________________________ B.THURBER: THAT this meeting of the Municipal Planning Commission be adjourned. -------------------------CARRIED CHAIRMAN SECRETARY Municipal Planning Commission NEW BUSINESS Item 5.1 December 15, 2015 New Business Municipal Planning Commission APPLICATION NO. DEV07538 LAND USE DISTRICT R-L Low Density Residential District APPLICANT Travis Magierowski 5.1 Page 1 of 8 LOCATION 236 Corvette Crescent South LANDOWNER Travis & Kristin Magierowski Appendix A: Drawings PROPOSED DEVELOPMENT To construct a secondary suite in the basement of a single detached dwelling. The three (3) required offstreet parking stalls will be provided. CURRENT DEVELOPMENT Single Detached Dwelling currently under construction ADJACENT DEVELOPMENT North Single Detached Dwelling South Single Detached Dwelling East Single Detached Dwelling West Vacant Parcel CONTEXT MAP December 15, 2015 New Business Municipal Planning Commission 5.1 Page 2 of 8 Appendix B: Notification Letter, Map & Responses NOTIFICATION SUMMARY Neighbourhood Assoc. N/A Neighbourhood 28 letters were sent to residents within a 60m radius of the subject parcel on November 12, 2015. Two letters in support of and 12 letters in objection to this application have been received. A second letter advising that this application would be presented to the Municipal Planning Commission was sent to the same 28 residents on December 1, 2015. EVALUATION Background • An application to construct a secondary suite in the basement of the single detached dwelling currently under construction was received on November 12, 2015. • As this application met the requirements of Land Use Bylaw 5700, Neighbourhood Notification Letters were sent out. • Two letters in support of this application have been received. They have stated that they do not feel that the secondary suite, new will have a negative impact on the neighbourhood. These letters have been provided in the agenda. • Twelve letters in objection to this application have also been received. These letters are also in the agenda package. The reasons for objection are: o Location of off-street parking for tenant. o Location of entrance to the suite, next to neighbouring bedroom window. o Possible damage of neighbouring landscaping by contractor. o Zoning. o Density. Large parcels being subdivided. o Effect on sewer capacity. o Precedence of approving secondary suites. o Parking overflow from General Stewart School. o Illegal suite on the same street. o Parking of tenants at other properties. o Tree located where driveway will be located. December 15, 2015 New Business 5.1 Municipal Planning Commission Page 3 of 8 • Due to the number of responses from the neighbours in objection to this application, a decision was made to present this application to the Municipal Planning Commission at the next earliest meeting. • A second letter was sent to residents advising of the date, time and location of the MPC meeting. LAND USE BYLAW SUMMARY Use: Secondary Suite, New Discretionary Minimum Requirement Parking 1 additional off-street parking stall for the tenants of the secondary suite for a total of 3 Number of Suites Allowed Access to Suite Application Meets or Exceeds 5 off-street parking stalls will be provided • 1 Separate Access from Exterior Separate Side Access from Exterior provided or • Shall Not Be Subject to Separation from Principal Dwelling through Condo Conversion None Requirement Met Requirement Met Separate Entrance through Common Landing Parcel Subdivision None Requirement Exceeded 1 • Waiver Requested Basement Suite Cannot be Subdivided from Single Detached Dwelling None December 15, 2015 New Business Municipal Planning Commission Context This application is before the Commission because: • Considerations 5.1 Page 4 of 8 Of the number of responses received in objection to this proposal. Compliance • One additional off-street parking stall must be provided for the secondary suite. o 2 off-street parking stalls are provided within the attached garage, and o 3 off-street parking stalls provided on the driveway in front of the attached garage o Exceeds the off-street parking requirement by 2 stalls. • 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 side access to 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. 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. He will be making this a safe, legal suite. December 15, 2015 New Business Municipal Planning Commission 5.1 Page 5 of 8 Owner Occupied • The City of Lethbridge cannot require an owner to live at any property. In this case though, the applicant and his young family will be living in the remainder of this single detached dwelling. The applicant is only interested in renting to a tenant that will be respectful of his young family with regard to noise. It will not be rented if a suitable tenant cannot be found. Side Entrance • The City of Lethbridge does not have a requirement for where an entrance to a suite is located. This can be a separate entrance from the exterior or a shared entrance through a common landing. • The entrance could not be put at the rear of the home due to the location of an existing tree on the parcel that is being retained. • Many homes have side and / or rear entrances (walkouts) without having a suite. Parking • The off-street parking stall for the tenant of the suite had originally been at the rear of the property (accessing from lane). Upon speaking with the applicant, it have been relocated to the front driveway so to provide direct access to the suite. This will help to ensure that the tenant will use the off-street parking versus parking on-street. Onstreet parking will then be available to residents and visitors. • The tree that is currently located where the new driveway will be removed to allow for access to the front attached garage. Infrastructure • It has been confirmed by the City of Lethbridge Water/Wastewater Department that the existing infrastructure is able to accommodate the additional suite. December 15, 2015 New Business Municipal Planning Commission Legislation & Policy 5.1 Page 6 of 8 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.” 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. December 15, 2015 New Business Municipal Planning Commission 5.1 Page 7 of 8 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. CONCLUSION The application for a secondary suite, new is supported for the following reasons : • This application meets the requirements of Land Use Bylaw 5700 • It meets the goals and policies of the Integrated Community Sustainability Plan / Municipal Development Plan. • It meets the objectives, strategies and principles of the South Saskatchewan Regional Plan 2014 – 2024. • There appears to be no material or undue impact on the use, enjoyment, or value on neighbouring properties or neighbourhood amenities. APPENDIX A.1 DEV07538 APPENDIX A.2 DEV07538 APPENDIX B.1 DEV07538 PLANNING AND DEVELOPMENT SERVICES 910 – 4 Avenue South Lethbridge, AB T1J 0P6 Phone No. 403-320-3920 Fax No. 403-327-6571 E-Mail: developmentservices@lethbridge.ca December 1, 2015 NOTICE TO NEIGHBOURS This letter is being sent to property owners within a 60m radius of: 236 CORVETTE CRESCENT SOUTH You were previously informed that an application had been received to construct a secondary suite in the basement of the single detached dwelling at the above-noted address. The three (3) required off-street parking stalls will be provided. No decision on this application has been made. This application will be considered by the Municipal Planning Commission on December 15, 2015 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, email, or deliver it to the Development Services Department for receipt not later than 4:30 p.m. on December 14, 2015. 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 FOIPP Any personal information provided in response to this letter is collected under the Alberta Municipal Government Act and in accordance with Section 33(c) of the Freedom of Information and Protection of Privacy Act. Please note that such information may be made public. If you have any questions about the collection or use of the personal information provided, please contact the Director of Planning & Development at 910 – 4 Ave S, Lethbridge, AB T1J 0P6 or phone 403-320-3920. PLANNING AND DEVELOPMENT SERVICES 910 – 4 Avenue South Lethbridge, AB T1J 0P6 Phone No. 403-320-3920 Fax No. 403-327-6571 E-Mail: developmentservices@lethbridge.ca November 12, 2015 NOTICE TO NEIGHBOURS This letter is being sent to property owners within a 60m radius of: 236 CORVETTE CRESCENT SOUTH An application has been received to construct a secondary suite in the basement of the existing single detached dwelling at the above-noted address. The three (3) required offstreet parking stalls will be provided. If you require any further information about this development application please contact Development Services at 403-320-3920, by 4:30 p.m. on November 23, 2015. If you feel that you will be impacted by this development, please explain how and why in writing or by email on or before the above date. Please note that all information you provide can be made public. Pam Colling Development Officer cc: Applicant FOIPP Any personal information provided in response to this letter is collected under the Alberta Municipal Government Act and in accordance with Section 33(c) of the Freedom of Information and Protection of Privacy Act. Please note that such information may be made public. If you have any questions about the collection or use of the personal information provided, please contact the Director of Planning & Development at 910 – 4 Ave S, Lethbridge, AB T1J 0P6 or phone 403-320-3920. 3DUFHO/RFDWRU0DS3ULQW3DJH 3DJH RI APPENDIX B.2 DEV07538 236 Corvette Crescent South DISCLAIMER: This map is illustrative only. The City of Lethbridge offers this information in good faith, but makes no warranty or representation, expressed or implied, with regard to the correctness, accuracy and/or reliability of this data. All rights reserved. No part of this map may be reproduced in any form or by any means without written consent from the City of Lethbridge. © 2015, City of Lethbridge, AB Canada Printed by Pam Colling using Parcel Locator GIS Map Server. KWWSIHQGHUSDUFHOORFDWRU3ULQW3DJHB7HPSHVW0DSDVS["WLWOH &RUYHWWH&UHVFHQW6RXW APPENDIX B.3 DEV07538 Novembe r 2oth,2ot5 Pam Colling Development Officer Planning and Development Services City of Lethbridge 910 - 4th Ave. S. Lethbridge, AB T1J 0P6 Re: Notice for 236 Corvette Cres. S., for a Secondary Suite in the basement. We fully support the application for the secondary suite. We don't believe this will have any impact, in any way, to any of the residences in the neighbourhood. Note; we will not be applying for a secondary suite when we build on 240 Corvette Cres. Yours truly Kendall & Sandy Gibson 240 Corvette Cres. Lethbridge AB TlJ 3X8 From: To: Subject: Date: Attachments: Jennifer Watt Pam Colling FW: Notice for 236 Corvette Cres. S., for a Secondary Suite in the basement Monday, November 23, 2015 7:55:54 AM image002.png image003.png image004.png Jennifer Watt Development Services Clerk Phone: (403)320-3195 Fax: (403)327-6571 Email: jennifer.watt@lethbridge.ca Website: www.lethbridge.ca Stay Informed. Follow us on From: Bruce Nilsson [mailto:bruce@filesolutions.ca] Sent: Sunday, November 22, 2015 3:19 PM To: City of Lethbridge Development Services Subject: Notice for 236 Corvette Cres. S., for a Secondary Suite in the basement November 20th, 2015 Pam Colling Development Officer Planning and Development Services City of Lethbridge 910 – 4th Ave. S. Lethbridge, AB T1J 0P6 Re: Notice for 236 Corvette Cres. S., for a Secondary Suite in the basement. We fully support the application for the secondary suite. I don’t believe this will have any impact, in any way, to any of the residences in the neighbourhood. Yours truly Bruce Nilsson 213 Dieppe Blvd S Lethbridge AB T1J 3X8 December 15, 2015 New Business Municipal Planning Commission 5.1 Page 8 of 8 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. RECOMMENDATION That the application for the secondary suite, new be approved subject to the following conditions: 1. The secondary suite is approved and shall be developed in accordance with the plans submitted November 12, 2015. Any change 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.