The URL can be used to link to this page

Home My Public Portal About2021-07-15_Public Hearing_Lot Sizes_Village MUNICIPALITY OF THE DISTRICT OF CHESTER A G E N D A PUBLIC HEARING Consideration of amendments to the Chester Village Land Use By-law to reduce the minimum lot size required for new lots in the Rural Zone that do not have access to the Municipal sewer system. 15 July 2021, 8:45 a.m. Chester Municipal Council Chambers 151 King Street, Chester, NS 1. CALL TO ORDER (CHAIR) a. The Agenda b. General Rules of Conduct c. Council’s decision governed by Chester Municipal Planning Strategy 2. COMMENTS BY MUNICIPAL SOLICITOR 3. OVERVIEW BY PLANNER a. Location and nature of proposal b. Municipal Planning Strategy c. Outstanding Concerns d. Recommendations i. Draft Amendments 4. PRESENTATION BY DEVELOPER a. Bob Youden and Jane Raeburn 5. COMMENTS BY THE PUBLIC ON THE PROPOSAL a. In Favour b. Opposed c. Any other comments 6. CLOSING REMARKS (CHAIR) 7. DECISION OF COUNCIL / DEFERMENT OF DECISION Municipality of the District of Chester Community Development Department Staff Report #1 – Updated for Council Prepared for: Municipal Council Submitted by: Garth Sturtevant, MCIP, LPP, Senior Planner Date: June 24, 2021 Subject: Reduce Minimum Lot Size from the Rural Zone APPLICANT Municipal Council PROPOSAL Reduce Minimum Lot Size in Rural Zone, to be replaced with “minimum lot size required by Nova Scotia Environment for installation of an approved on-site septic system” LOCATION Rural (RU) Zone. Chester Village Land Use By-law. NEIGHBOUR NOTIFICATION Amendment is general to the Chester Village Land Use By-law. Individual neighbour notification not required. Recommendation 1. Give 1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot size within the Rural Zone for all lots without access to the Municipal sewer system to 774 m2 (8,000 ft2) or greater as determined by Nova Scotia Environment and set a date for a Public Hearing for July 15th, 2021; Background At a Committee of the Whole Meeting held on April 8th, 2021, Municipal Council passed the following motion: 2021-152 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the Committee of the Whole direct staff to move forward with an amendment to the Land Use By-law to remove the reference of the requirement of 29,000 square feet size requirement and instead replace that number with “as per NS Department of Environment”. ALL IN FAVOUR. MOTION CARRIED. This Agenda item was raised by Councillor Barkhouse who spoke of a property on Target Hill Road which currently could not be subdivided, but with amendments to the minimum lot size, would allow the creation of new lots and the potential for additional housing stock in Chester Village. Staff Report #1 – Updated for Council – Updated for Council Page 2 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 Discussion – Considerations In areas with Municipal services, it is common for Municipal Planning Strategies and Land Use By-laws to require a minimum lot area for all newly created lots. In serviced areas, the primary determinant when selecting a minimum lot size is the desired character and density. Higher density, achieved through smaller lot sizes, can improve the function, and decrease operating costs for Municipal infrastructure. In areas of Chester Village with access to central sewer, the minimum lot size is typically 372 m2 (4,000 ft2) or 744 m2 (8,000 ft2). The Estate Residential Zone requires large lots of 3716 m2 (40,000 ft2) but in this case, the reasoning for the large minimum lot size is to maintain the character and visual aesthetic within these areas. For lots without access to Municipal Sewer, the Land Use By-law typically requires a minimum lot area of 2700 m2 (29,062 ft2). This minimum area reflects an outdated standard previously used by Nova Scotia Department of Environment to determine the minimum lot area required to properly site and install an on-site septic system. Language in the Land Use By-law states the minimum lot area in the Rural Zone shall be “2700 m2 (29,062 ft2) or greater as required under NS regulations respecting on-site sewage disposal”. Additionally, waterfront lots in the Rural Zone without access to central sewer require a minimum lot area of “3716 m2 (40,000 ft2) or greater as required under NS regulations respecting on-site sewage disposal”. The larger lot size for waterfront lots is presumably to accommodate for larger setback distances required by NSE when siting on- site systems on lots near waterbodies or the ocean. Figure 1 - excerpt from Land Use By-law Zoning Map showing properties in the Rural (RU) Zone Staff Report #1 – Updated for Council – Updated for Council Page 3 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 As technology has advanced, new types of on-site systems can be properly sited on smaller lots. Nova Scotia Environment no longer relies on the 40,000 ft2 standard. Additionally, authority to approve on-site systems rests solely with the Province, therefore, it is reasonable to consider removing the current minimum lot size for lots without access to central sewer. Language would be added to advise that the minimum lot size shall be determined as required by Nova Scotia Environment to site and install an on- site septic system. As shown in the draft amendments, attached as Appendix A, staff propose maintaining the existing minimum lot size for lots with access to central sewer, which is listed at 774 m2 (8,000 ft2) and extending this minimum lot size to Unserviced lots. This will result in newly created lots without access to the central sewer system requiring a minimum lot size of 774 m2 (8,000 ft2) or greater, as required by Nova Scotia Environment. The amendments will do away with the larger lot size required for waterfront lots, which will also require 774m2 (8,000 ft2) o r greater as required by Nova Scotia Environment. Policy Analysis Policy Analysis 3.2.3 Not to approve any Land Use By-law amendment or development agreement, until Council is satisfied that the development proposal will not create undue traffic hazards, result in undue traffic congestion, or unduly interfere with pedestrian movement on Public Streets. N/A Figure 2 - excerpt from Land Use By-law Zoning Map showing remaining properties in the Rural (RU) Zone Staff Report #1 – Updated for Council – Updated for Council Page 4 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 4.1.1 To protect the existing character, the living environment, and the stability of residential land use in the planning area while allowing a diversity of housing types. This reduction in minimum lot size for Unserviced lots will now align with the minimum lot size required for serviced lots. The minimum lot size of 744 m2 (8,000 ft2) will maintain the existing character and maximum density within the Rural Zone. 4.5.1 The area of mixed land use surrounding the main village area is designated "Rural" as shown on Maps 4 and 5 Future Land Use Maps and the corresponding area is zoned "Rural" in the Land Use By-law. Within this designation and zone, a broad range of resource, residential, and non-residential uses shall be permitted as of right up to certain size limits. The draft amendments will not impact the permitted uses within the zone. No impact on this policy statement. 5.1.1 That the Land Use By-law shall specify minimum lot areas required for new lots within the various zones established by the Land Use By-law. This reduction in minimum lot size for Unserviced lots will now align with the minimum lot size required for serviced lots of 744 m2 (8,000 ft2). 6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan approvals, and in considering development agreements in addition to all other criteria as set out in the various policies of this Planning Strategy, Council shall be satisfied that: a) the proposal conforms to the intent of the Planning Strategy; Yes, no policy conflicts are created by the proposed amendment. b) the proposal conforms to the applicable requirements of all Municipal By-laws; except where the application is for a development agreement in which case the Land Use By-law requirements need not be satisfied. Yes. c) the proposal is not premature or inappropriate due to: N/A Staff Report #1 – Updated for Council – Updated for Council Page 5 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 i) financial ability of the Municipality to absorb costs related to the development; ii) adequacy of Municipal services; N/A iii) the adequacy of physical site conditions for on-site services; The proposal is not specific to a property but affects the entire Rural Zone. Assessment for on-site services is reviewed by Nova Scotia Environment at the time new lots are proposed by subdivision. iv) creation or worsening of a pollution problem including soil erosion and siltation; N/A v) adequacy of storm drainage and effects of alteration to drainage pattern including potential for creation of a flooding problem; N/A vi) adequacy and proximity of school, recreation, emergency services, and other community facilities; N/A vii) adequacy of street networks and site access regarding congestion, traffic hazards, pedestrian safety, and emergency access. N/A viii) adequacy of fire vehicle access and fire protection measures on site such as water supply. N/A d) the development site is suitable regarding grades, soils, geological conditions, location of watercourses, N/A Staff Report #1 – Updated for Council – Updated for Council Page 6 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 flooding, marshes, bogs, swamps, and susceptibility to natural or man-made hazards as determined by a qualified person. e) all other matters of planning concern have been addressed. Yes Public Information Session A Public Information Meeting was advertised in the Progress Bulletin, on the Municipal website and posted to the Municipal Office doors. The meeting was held virtually via Zoom Videoconferencing. Interested members of the public were asked to pre-register with staff to participate in the virtual meeting. The meeting was advertised for 6:30pm on May 12, 2021. No members of the public contacted staff regarding registration for the meeting and therefore the meeting was not held. Chester Village Planning Advisory Committee Meeting The amendment request, staff report and draft amendments we considered by the Village Area Advisory Committee at a meeting held on June 8, 2021. Following a brief discussion, the committee passed the following motion: MOVED by Councillor Barkhouse, SECONDED by Ray Cambria to recommend that Municipal Council give 1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot size within the Rural Zone for all lots without access to the Municipal sewer system to 774 m2 (8,000 ft2) or greater as determined by Nova Scotia Environment; CARRIED. Timeline for Adoption If Council is in favour of the draft amendments and is prepared to vote in favour of 1st Reading today, the following table outlines the anticipated timeline for placing advertisements, holding a Public Hearing prior to 2nd reading and advertising the right of appeal following 2nd reading: Date: Process: MGA Section Reference: June 24 1st Reading June 30th Public Hearing Ad appears in newspaper for two consecutive weeks 206 (1), 206 (2) July 15th Public Hearing held 205 (6), 210 (2) Staff Report #1 – Updated for Council – Updated for Council Page 7 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 July 21 Right of Appeal Ad appears in newspaper 210 (3) August 5th If no appeals are launched, the amendments will come into effect on this date 210 (8) Options 1. Give 1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot size within the Rural Zone for all lots without access to the Municipal sewer system to 774 m2 (8,000 ft2) or greater as determined by Nova Scotia Environment and set a date for a Public Hearing for July 15th, 2021; 2. Reject the draft amendments to reduce the minimum lot size within the Rural Zone for all lots without access to the Municipal sewer system. 3. Request additional information or changes to the draft amendments. The requested information or changes will be brought forward to a future Council meeting. Staff Report #1 – Updated for Council – Updated for Council Page 8 Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone July 6, 2021 Appendix A – Proposed Amendments to the Chester Village Land Use By-law Amendments to the Chester Municipal Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Remove text at 9.2.4 requiring new waterfront lots in the Rural Zone to maintain a minimum lot area of 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal. 2) Add text and replace text as shown at 9.2.4 to clarify that all new lots in the Rural Zone without access to central sewer, shall require a minimum lot area of 744 sq. m. (8,,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal. Chester Municipal Land Use By-law Underlined text is added. Strikethrough text is deleted. 9.2.4 RU Zone Lot Sizes (for new lots) Minimum lot area with central sewer 744 sq. metres (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) 744 sq. metres (8,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Frontage 6 metres (20 ft.)