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HomeMy Public PortalAbout2022-08-04_Public Hearing Agenda Package.pdf MUNICIPALITY OF THE DISTRICT OF CHESTER A G E N D A PUBLIC HEARING Consideration of amendments to the Chester Municipal Land Use By-law to rezone properties on Sherbrooke Lake from the General Basic Zone to the Lakeside Zone. The Lakeside Zone will begin at the Ordinary High Water Mark and extend 300m inland. 4 August 2022, 6:30 p.m. Municipal Council Chambers, 151 King Street, Chester 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. Summary of Advertisements and Meetings related to the draft amendments e. Recommendations i. Draft Amendments 4. PRESENTATION BY DEVELOPER a. N/A the application for a rezoning began through discussions with Wil-dor Park. Additional owners then became involved to create the Lakeside Zone and now consider rezoning on Sherbrooke Lake. 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 PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: June 30, 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Rezone Properties Around Sherbrooke Lake from General Basic to Lakeside Zone ORIGIN: 2020-419 & 2021-230 Date: May 27, 2022 Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: [staff, title] Date: June 23, 2022 Authorized by: Dan McDougall, CAO APPLICATION OVERVIEW Applicant: Initiated by requests from Wil-dor Park Properties Owners Association and Sherbrooke Forest Home Owners Association Proposal: Rezone properties from GB to LS Location: Properties around Sherbrooke Lake as shown on the attached map Zone: General Basic (existing) Rezoning Required: X Yes __ No __ N/A Neighbour Notification: All properties proposed for rezoning and all properties within 30m of a property proposed to be rezoned will receive a package to advise of the proposed change and state the date and time of the Public Hearing and how to appear or submit written comments. RECOMMENDED MOTION As discussed later in this report, the staff recommendation differs from the motion approved by the Municipal Planning Advisory Committee. Therefore staff are presenting both recommendations below: 1. MPAC RECOMMENDATION: That Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark, with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone. 2. STAFF RECOMMENDATION: That Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark. CURRENT SITUATION Initiated in 2018 through discussions between members of the Wil-dor Park Properties Owners Association and Municipal staff, the Lakeside Zone was recently approved and adopted by Municipal Council. This zone was created in response to requests from Wil-dor Park and other lakeside communities who have approached Council to seek additional land use controls and protections for residential lakeside developments. With the Lakeside Zone now enabled and available in the Municipal Planning Strategy and Land Use By-law, this report outlines a proposal to rezone properties around Sherbrooke Lake from the General Basic Zone to the P l a n n i n g M a t t e r s R e p o r t P a g e | 2 Lakeside Zone. It should be noted that Sherbrooke Lake is unique, given that a substantial portion of the lake is within the Municipality of the District of Lunenburg. Any references made in this report regarding the proposal to rezone properties around Sherbrooke Lake will include only those properties located in the Municipality of Chester. BACKGROUND The proposed rezone of properties around Sherbrooke Lake is a response to requests received from Wil-dor Park Property Owners Association and Sherbrooke Forest Home Owners Association (Appendix A). The stated intent of the requests was to protect existing and future residential development from commercial developments, including campgrounds and RV Parks, while also requiring a vegetated buffer and increased environmental regulations to protect water quality. Council directed staff to create a zone to address these concerns that could be offered to other property owners seeking similar protections. The zone was specifically designed to be a “one size fits all” that could be applied to virtually any lake in the Municipality. The intent being that the Lakeside Zone would be available should other groups seek similar protections in the future. This was a preferable approach to designing a specific zone for Sherbrooke Lake, creating the perception that each group or lake should have unique zoning regulations applied. With the Lakeside Zone now adopted in the Municipal Planning Strategy, this report will outline the considerations and policy analysis of applying the Lakeside Zone to properties around Sherbrooke Lake. DISCUSSION The following topics are worthy of discussion and consideration when considering whether properties on Sherbrooke Lake should be rezoned: Rezone All Properties Around a Lake The direction from Council and intent of the Lakeside Zone states that the zone should be applied to all properties around a lake. The reasoning for this approach is that selective rezoning would not have the intended effect of regulating land use in a consistent manner that will help avoid potential conflicts. As noted previously, Sherbrooke Lake is unique in that it falls partially within the District of Lunenburg. The reality is that the Municipality does not have authority for properties that fall within another Municipal unit. With that acknowledgement, the current proposal would see the Lakeside Zone applied to all properties around Sherbrooke Lake within the Municipality of Chester. Sherbrooke Lake United Church Camp Staff have been approached by members of the executive council of the Sherbrooke Lake United Church Camp, located on the Northwestern end of the lake, to discuss how the rezoning to Lakeside Zone may impact their existing and planned operations. A meeting was held between Municipal staff and representatives from the Camp to discuss these issues. As a result of these discussions, and comments made at the Public Information Meeting by members of the public in support of the Sherbrooke Lake Camp, staff are proposing to list the Sherbrooke Lake United Church Camp as a permitted use within the Lakeside Zone. This will ensure that the camp can continue its current operations and may expand operations on the current site. This will protect the ability of the Camp to continue revenue generation activities outside of weekly camps, such as hosting wedding receptions. Without such protection, P l a n n i n g M a t t e r s R e p o r t P a g e | 3 these activities would likely fall under a commercial use designation and could be limited or prohibited by the Lakeside Zone. Given the low frequency of these events, the existing location of the camp and the remoteness of the site in relation to neighbouring properties, staff are of the opinion that these minor commercial uses will not create a land use conflict with surrounding properties that are currently or may come into Residential use. The Camp does not currently have plans to expand beyond the existing property. If a major expansion was desired in the future, an amendment to the Land Use By-law could be considered to include an additional property as part of the existing use. This would involve public notice and engagement at the time to ensure the surrounding property owners and wider community were aware of the expansion plans and any mitigation or concerns were addressed. The Sherbrooke Lake United Church Camp is an important community asset that has existed harmoniously in the community for many years. Additionally, the Camp is unique in the Municipality and staff propose that it deserves special attention and protection by codifying it within the Lakeside Zone as a permitted use. Primary Processing and Forestry Processing Questions posed during the amendment process to create the Lakeside Zone, asked how Forestry operations may be impacted. This became a topic of debate as the Municipality has jurisdiction over most land uses, however, the act of cutting trees (forestry) is a Provincially regulated activity and therefore not subject to Municipal regulations. The Lakeside Zone, in keeping with the approach taken in the Municipal Planning Strategy and Land Use By-law, regulates only Primary Processing and Forestry Processing. These defined terms are specific to when a product or material is produced through a process such as refining or milling of a raw material. An example would be a sawmill which process a raw resource into a product (lumber). The Lakeside Zone has requirements for permits and moderate setbacks for land use and structures related to Primary Processing or Forestry Processing. Vegetated Buffer A key feature of the Lakeside Zone is the requirement to maintain a 10m vegetated buffer, beginning at the Ordinary High Water Mark. The zone includes allowances to clear pathways to allow access and views of the lake. There are also provisions allowing the removal of dead or diseased trees that may pose a hazard. A common question heard during discussion on the Lakeside Zone, was how the vegetated buffer requirement would apply to lots already cleared and whether “reinstatement” (replanting) would be required. The first important distinction to make is that the Municipal Government Act, which provides authority to Municipalities to make Land Use By-laws and regulations, states that Municipal authority is limited to actions taken “in relation to a development”. This means that any regulations in the Land Use By-law only come into effect when there is a development proposed or already in place on a lot. In a typical situation this would result in an application for a Development Permit and Building Permit being submitted, where it would be noted that existing vegetation must be retained. This would be included as information on the permit and if not adhered to, could result in a violation of the Land Use By-law. If land is cleared, that is not in relation to a development, the MGA does not provide authority for a Municipality to require retention of vegetation. This could mean clearing or cutting trees, with no plans or intent to build or develop the lot. The zone has been drafted to ensure that any existing/remaining vegetation within 10m of the OHWM must be retained. In the case of a developed lot, this does not require replanting, but rather to maintain existing vegetation if cleared beyond the allowances provided for in the Lakeside Zone. P l a n n i n g M a t t e r s R e p o r t P a g e | 4 The only circumstance where a property owner may be required to replant or reinstate the vegetated buffer, is if there is evidence that the property owner intentionally cleared the lot with plans to then apply for a development permit to circumvent the regulations. Gully Lake In considering rezoning properties around Sherbrooke Lake, a question has been raised during several public meetings as to whether Gully Lake will also be included in the rezoning. As shown on Figure 1, Gully Lake is directly connected to Sherbrooke Lake and is part of the same water body, with no land or other distinguishing feature indicating where one would end and the other begin. Upon review of GIS data, it is apparent that Gully Lake has been named, but that this naming reflects only a location and name in the Official Place Names list, maintained by the Province. Being on this list does not provide any evidence that this is a unique waterbody which would justify consideration separate from Sherbrooke Lake. There is no common definition for describing the size of a lake. Generally, a lake is a fresh water body, but is not specifically distinguished from other inland water bodies such as ponds. Staff believe that the name Gully Lake is a historical name associated with this section of water, but that there is no scientific reason to separate Gully Lake from Sherbrooke Lake for the purposes of this rezoning. When considering the purposes of the Lakefront Zone, staff believe that the same regulations should be applied equally to properties along all of Sherbrooke Lake, including Gully Lake. This is in keeping with the approach and intent approved by Council that the zone would be applied to an entire lake. For the purposes of discussion, Figure 2 provides a picture of what the rezoning would look like if Gully Lake was separated from Sherbrooke Lake in comparison with universal zoning applied to all properties bordering Sherbrooke (including Gully Lake) Lake. Figure 1 - Sherbrooke Lake & Gully Lake Gully Lake P l a n n i n g M a t t e r s R e p o r t P a g e | 5 A decision to not include Gully Lake, based on the lack of scientific or logical arguments in favour of this approach would weaken the environmental and residential character protections contained in the Lakeside Zone. It should also be noted, that as there is no scientific method for determining the boundaries of each lake, staff have created this map based on contour lines and selecting the highest point of land between the two place names. It is essential to understand that Figure 2 has been produced for comparison purposes only. It is intended to support the logic of applying the Lakeside Zone to all properties around Sherbrooke and Gully Lake. Staff believe that the place name assigned to Gully Lake could justifiably be named Gully Bay or Gully Cove. There are numerous other examples across Nova Scotia where similar features are and are not named the same as the main lake. With no consistent metric to evaluate where one lake ends and the other begins, staff support the initial concept to rezone all properties around Sherbrooke Lake (including Gully Lake). This approach would be the most impactful by including all properties under the jurisdiction of the Municipality of Chester. Figure 2 – Map on left showing Lakeside Zone (tan/orange) applied to all properties around Sherbrooke Lake (including Gully Lake). Map on right (created for comparison purposes only) showing Lakeside Zone (tan/orange) applied to properties only on Sherbrooke Lake and treating Gully Lake as a separate waterbody with continuation of General Basic Zone. P l a n n i n g M a t t e r s R e p o r t P a g e | 6 Depth of the Lakeside Zone on Sherbrooke Lake Another important consideration for this rezoning, is the extent of the Lakeside Zone. The zone is designed to apply to properties surrounding a lake but does not have a specific “depth” that it must be applied. In all cases the zone would begin at the Ordinary High Water Mark and extend inland for a specified distance. Policy in the Municipal Planning Strategy calls for each lake to be considered independently based on factors including topography, existing development patterns and other factors that may influence the effectiveness of the zone in achieving its stated goals. In the case of Sherbrooke Lake, staff heard suggestions ranging from 100m to 500m. Staff prepared a map (figure 3) for discussion showing the Lakeside Zone at 300m (red line) and 500m (orange line). It is important to keep the goals and intent of the zone in mind when considering an appropriate depth of the Lakeside Zone for a given lake. Beyond the extent of the Lakeside Zone, the General Basic Zone will apply which would permit a wide range of uses through a variety of approval mechanisms based on the intensity of the use. The Lakeside Zone should be applied in a manner that adequately buffers both the lake and existing residential development from uses that are likely to have a negative impact on water quality or to create land use conflicts with the existing low density residential community character found on Sherbrooke Lake. Considering factors such as the existing development pattern, local topography and prior existing uses (Sherbrooke Lake United Church Camp, Forestry operations etc.), staff believe that the Lakeside Zone should be applied for a minimum of 300m inland from the Ordinary High-Water Mark. Staff would not object to the Figure 3 - Red Line shows a 300m extent. Orange Line shows 500m extent P l a n n i n g M a t t e r s R e p o r t P a g e | 7 application of the zone at a depth of 500m, and there were calls for this depth from property owners at the Public Information Meeting. A depth of less than 300m would significantly reduce the effectiveness and intent of the zone. A 500m depth would likely improve the function of the zone, particularly to the southeast, where the lots within the Deep Cove subdivision extend even beyond the 500m mark. Municipal Planning Strategy Policy Analysis Policy Analysis & Staff Comment: Policy V-8 Council shall consider more restrictive planning regulations when a group of residents has shown that it wishes to consider such regulations. Council shall undertake a public engagement program to understand the wishes of local residents and property owners before creating or approving any amendments. The Lakeside Zone was created in response to requests from several property owner groups approaching Council to request additional land use protections. In the case of Sherbrooke Lake, Wil-dor Park and Sherbrooke Forest Property Owners formally requested to be rezoned to the Lakeside Zone. Policy V-9 Notwithstanding Policy V-8, Council, on its own initiative, may consider more restrictive provisions of the Planning Strategy and the Land Use By-law where Council deems that such land use control is in the best interests of the Municipality. This policy provides Council with the mandate to apply the Lakeside Zone to properties with or without consent of the landowner. In cases where a lake-wide rezoning of properties is being considered, there may be one or more property owners opposed to the rezoning. This policy provides the mandate for Council to make a decision with the interest of the overall Municipality in mind. Policy V-10 Council intends to control land use and development in a manner that will lessen conflicts between land uses and in a manner that is compatible with the existing pattern of land use in the Municipality. The Lakeside Zone is designed to protect Residential character and quiet enjoyment of property. This is typical of developments on lakes in “cottage country”. The Lakeside Zone includes protections from large-scale commercial and industrial uses which may not be compatible with residential uses. Policy G-18 In connection with a development, Council may regulate or require the planting or retention of trees, and vegetation for the purpose of landscaping, buffering, sedimentation or erosion control. The Lakeside Zone requires the retention of a vegetated buffer of 10m from the Ordinary High Water Mark. The intended impact of the vegetated buffer is to reduce and slow run-off and thereby protect water quality. P l a n n i n g M a t t e r s R e p o r t P a g e | 8 Policy Analysis & Staff Comment: Policy G-24 Council shall regulate the rearing, breeding, boarding, sheltering and keeping of Farm Animals only within specified zones as detailed in the Land Use By-law. In all other areas, the rearing, breeding, boarding, sheltering and keeping of Farm Animals does not require a development permit. The keeping of farm animals is regulated within the Lakeside Zone in the interest of protecting water quality. This includes minimum lot sizes for the keeping of farm animals and setbacks for fenced areas, structures housing animals and manure piles from property lines and the Ordinary High Water Mark. Policy G-31 The Land Use By-law may establish regulations for Recreational Vehicles varying by zone, including yard setbacks, requirement for temporary Development Permit, length of stay, placement on vacant lots and other regulations as specified. The Lakeside zone includes regulations for Recreational Vehicles, including the requirement to obtain a Development Permit. Policy E-6 Council may work with developers and other local partners to implement ongoing water quality monitoring projects, where deemed necessary. Council has an established Committee (shared with the Municipality of Lunenburg) to monitor and conduct water quality testing on Sherbrooke Lake. Application of the Lakeside Zone supports protecting water quality. Policy E-12 A natural vegetated buffer shall maintain mostly existing vegetation, as specified in the Land Use By- law. The Lakeside Zone is the only zone in the Municipal Planning Strategy that includes requirements to maintain a vegetated buffer for as-of-right development. Policy E-14 The Municipality shall explore programs and partnerships that encourage residents and businesses to repair or replant buffers where vegetation has been removed. The Lakeside Zone does not require replanting or reinstatement of a vegetated buffer unless the removal is a willful attempt to circumvent regulations. Lots that are previously cleared, will be encouraged, but under no obligation to replant vegetation at the water’s edge. Policy E-15 The Municipality shall explore programs and partnerships to monitor and report on freshwater quality, as needed. With an existing monitoring program in place for Fox Point Lake, rezoning properties to Lakeside Zone is an additional step Council may consider to help protect water quality of the lake. Policy E-16 The Lakefront Overlay shall be created which may be applied to all zones and shall be applied to land surrounding lakes as indicated in the Land Use By- law. The Lakeside Zone has been designed to work in compliance with the Lakefront Overlay. Properties within the Lakeside Zone may also be subject to the requirement of the Lakefront Overlay. P l a n n i n g M a t t e r s R e p o r t P a g e | 9 Policy Analysis & Staff Comment: Policy E-18 Lakefront development may require vegetated buffers, stormwater standards, limited paving surfaces and wastewater management districts depending on the size of development, as specified in the Land Use By-law. The Lakeside Zone requires maintenance of a vegetated buffer of 10m from the Ordinary High Water Mark. Policy E-42 For the purpose of protecting water quality from the impacts of development and associated runoff, the lakeside Zone shall have flexibility when defining boundaries based on Council’s site-specific decisions. Zones typically follow property boundaries however this approach is to safeguard water quality by enabling potential zoning of properties along the shoreline and the properties inland from the lake. Council shall make a decision on the extent of the zone based on criteria such as local context, lot size, proximity to public roads, and lakeside community character. The Lakeside Zone is proposed to extend 300m from the Ordinary High Water Mark of Sherbrooke Lake. Policy E-43 In the Lakeside (LS) Zone, the permitted land uses, levels of land use intensity, and approval processes shall be tiered according to their assigned level, and shall: a) Permit up to two (2) dwelling unit per lot; b) Permit limited home-based business uses as outlined in Land Use By-Law; c) Permit Forestry Processing uses as outlined in the Land Use By-law; d) Permit Farm Animals as outlined in the Land Use By-law; e) Prohibit industrial, institutional, and commercial uses. This policy describes the type and intensity of land uses permitted in the Lakeside Zone. Properties proposed to be rezoned to Lakeside Zone will be subject to these regulations outlined in the Land Use By-law. P l a n n i n g M a t t e r s R e p o r t P a g e | 10 Policy Analysis & Staff Comment: Policy E-44 The Land use by-law shall allow for the following uses in the Lakeside (LS) Zone by development permit: a) Up to two (2) dwelling units on a lot; b) Limited home-based businesses; c) Rearing, breeding, boarding, sheltering and keeping of Farm Animals subject to provisions as specified in the Land Use By- Law; d) Forestry Processing. This policy describes the type and intensity of land uses permitted in the Lakeside Zone. Properties proposed to be rezoned to Lakeside Zone will be subject to these regulations outlined in the Land Use By-law. Policy E-45 May require conservative lot standards, yard requirements, setbacks, retention, or establishment of vegetative buffers, and building size controls to protect lake health and preserve natural vegetation. The Lakeside Zone requires new lots to maintain a minimum lot area of 0.4 hectares. Yard setbacks and requirements to maintain a vegetated buffer are also included to help protect water quality of the lake. Policy E-46 Shall not consider rezoning lands from the Lakeside (LS) zone to any other zones enabled within the designation without amendments to the Municipal Planning Strategy. This policy is in place to ensure that properties that are within the Lakeside Zone are not arbitrarily rezoned to another zone in the Land Use By-law. This policy helps protect the integrity of the zone and ultimately water quality. Policy E-48 May continue to support lake monitoring programs and the effect of development on lake water quality. Sherbrooke Lake has an existing water quality monitoring program, that is partially funded by the Municipality. Application of the Lakeside Zone supports the protection of water quality of Sherbrooke Lake. P l a n n i n g M a t t e r s R e p o r t P a g e | 11 Policy Analysis & Staff Comment: Policy A-27 When considering amendments to a land use by-law or a subdivision by-law, Council shall consider the following: a) that the amendment meets the intent of the Municipal Planning Strategy and the intent of any relevant Secondary Planning Strategies; b) that the amendment conforms to all relevant Municipal By-laws; c) that the applicable public consultation program has been followed and residents’ opinions have been carefully considered; d) that the amendment is in the best interest of the Municipality. A change in zoning from General Basic Zone to Lakeside Zone constitutes an amendment to the Land Use By-law. a) Rezoning properties around Sherbrooke Lake to Lakeside Zone is in keeping with the intent of the Municipal Planning Strategy. b) Yes c) Yes, the Public Participation Program is being undertaken according to policy and past practice. This will not be complete until a Public Hearing has been duly advertised and held. d) Staff support the request of the property owner associations seeking increased land use regulations for properties around Sherbrooke Lake. Policy A-28 When evaluating a rezoning application, Council shall consider other potential developments and uses that may be permitted as a result of a proposed zone change. The Lakeside Zone will impose new regulations and limitations on development. This is intentional to maintain a primarily residential environment that is not subject to large, intensive, and disruptive land use activities while also improving and protecting water quality. P l a n n i n g M a t t e r s R e p o r t P a g e | 12 Policy Analysis & Staff Comment: Policy A-29 Applications for a Land Use By-law amendment shall show: a) the location, area, and dimensions of the subject property; b) the proposed location, dimensions, height, and proposed use of all buildings; c) the means by which the site is to be serviced by sanitary and storm sewers, water, electrical service and other utilities; d) the location of any parking stalls, driveways, walkways, lighting, fencing, refuse containers, and snow storage; e) landscaping elements including existing and proposed shrubs and trees; f) architectural features where such features are regulated by the planning document; g) additional reports or environmental studies as requested by the Municipality. Policy A-29 is not applicable in this case. The rezoning file will not directly involve a development. Rather, Council wishes to consider rezoning at the request of several property owner groups seeking additional protections of the existing residential community around Sherbrooke Lake. Policy A-30 When considering amendments to the Land Use By- law, Council shall be satisfied that the proposal is appropriate with respect to: a) compatibility of the proposed land uses permitted within the proposed zone; b) compatibility of the development, and potential developments, with adjacent properties in terms of size, lot coverage and density; c) potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise; d) the adequacy of sewer services, water services, waste management services and stormwater management practices; e) efficient use of existing and new municipal infrastructure; f) proximity to and impact on heritage sites and archaeological sites; g) the proximity and capacity of schools; h) the adequacy and proximity of recreation and facilities; i) the adequacy of the road network in, adjacent to, or leading to the development; a) Yes, most of the developed properties within the area proposed to be rezoned are in residential use. There are also large tracts of vacant land, which may be subdivided and developed or used for forestry operations. The Lakeside Zone will increase the level of land use regulation and offer additional certainty and protection for this residential character. b) There is no development proposed as part of this rezoning. However, the Lakeside Zone is designed to reduce land use conflicts between residents and other land uses. The Zone includes minimum lot size, yard setbacks and limits on the type and intensity of uses, which are designed to protect a quiet residential living environment. c) Similar to b) above, there is no proposed development to accompany this rezoning. Existing uses will be permitted to continue, but the application of the Lakeside Zone is intended address the issues raised in this policy statement. d) Not applicable to this rezoning file. Existing and new developments require approval from Nova Scotia Environment to design and install on-site septic systems. P l a n n i n g M a t t e r s R e p o r t P a g e | 13 Policy Analysis & Staff Comment: j) the potential for erosion or for the contamination or sedimentation of watercourses; k) environmental impacts such as air and water pollution and soil contamination; l) previous uses of the site which may have caused soil or groundwater contamination; m) suitability of the site in terms of grades, soil and bedrock conditions, location of watercourses, water bodies or wetlands; n) the ability of emergency services to respond to an emergency at the location of the proposed development; o) the proposal and the proposed zone support the intent of this strategy; and p) the financial ability of the Municipality to absorb any costs relating to the amendment. e) Virtually all lots on Sherbrooke Lake are accessed via a network of private roads. There is no known Municipal infrastructure in the area proposed to be rezoned. No impacts to existing or new infrastructure are anticipated as a result of this rezoning file. f) No impacts are known or anticipated. The rezoning will limit development intensity and impact on the area proposed for rezoning. g) Not applicable to this rezoning file. h) Not applicable to this rezoning file. i) Virtually all lots on Sherbrooke Lake are accessed via a network of private roads. These private roads connect to Provincially owned public roads. The creation of new lots is governed by the Subdivision By-law which considers lot access among other criteria. j) The Lakeside Zone is designed to protect water quality. The requirement to maintain a vegetated buffer will assist in preventing erosion and run-off from reaching the lake. Limited land use activity and intensity will also offer protection to water quality. k) No impacts are anticipated. No development is proposed as part of the rezoning. l) No known issues or concerns with previous land uses. If any, the previous use would likely have been forestry operations in some areas around the lake. m) Not applicable, the rezoning applies to many properties. n) Private road networks serve most of the developed areas around Sherbrooke Lake. These road networks access Provincially owned Public Roads. No change to existing road networks is proposed as part of this rezoning. P l a n n i n g M a t t e r s R e p o r t P a g e | 14 Policy Analysis & Staff Comment: o) Yes, application of the Lakeside Zone supports the intent and policies of the Municipal Planning Strategy. p) No costs are anticipated as part of this rezoning file. PUBLIC INFORMATION MEETING Municipal staff hosted a Public Information Meeting on March 29, 2022 at the Forties Community Centre. The purpose of the meeting was to provide information and respond to questions and comments regarding the proposed rezoning of properties around Sherbrooke Lake. The meeting began at 6:00pm and included a presentation from staff outlining the intent and features of the Lakeside Zone in addition to the request and proposed rezoning of properties around Sherbrooke Lake. Staff then took questions from the audience and provided information on the rezoning process. Approximately 21 members of the public were in attendance. Questions and comments expressed by members of the public included: Q What is the timeframe for the rezoning? Q How is a dwelling unit defined? Q Will the setback and regulations be uniform around the lake? Q Is this rezoning, as an amendment to the Land Use By-law, appealable? Q Will portable sawmills be permitted within the Lakeside Zone? C A portable sawmill is a piece of equipment and should not be considered a stationary building Q Does the Lakeside Zone limit density? C What you are proposing is acceptable, 300m seems reasonable for the depth of the Lakeside Zone for Sherbrooke Lake Q I have a couple of wood camps that are on trailers that I haul around, would they require a development permit? Q Could there be varying setbacks for more and less densely developed part of the lake? C The biggest impact on water quality is septic systems, which are approved by Nova Scotia Environment. C I have 3 PIDs on the Sherbrooke Lake in the Sherbrooke Forest and would like to support the buffer of 500m from the shoreline. 500m is best suited and necessary to protect the properties and the region environmentally in the future. C Support a Lakeside Zone depth of 500m on the east side of Sherbrooke Lake, including Gully Lake. Respectfully suggest that 10m for the vegetative buffer seems a but too small, especially with the allowance for clearing 30% of it. 20m would be much better. P l a n n i n g M a t t e r s R e p o r t P a g e | 15 MUNICIPAL PLANNING ADVISORY COMMITTEE MEETING On Wednesday June 15, 2022, members of the Municipal Planning Advisory Committee met to review and discuss the proposed rezoning. The Senior Planner reviewed the staff report and responded to questions from members of the Committee. One member of the Committee questioned the decision to list Sherbrooke Lake United Church Camp as a permitted use in the zone. The member felt it would be more appropriate to alter the language to something more general, to be inclusive of other similar land uses if or when the Lakeside Zone was considered for other lakes in the future. There was some discussion over this proposal, staff believe in this case it is appropriate to specifically name Sherbrooke Lake United Church Camp. Staff have confirmed that this is the only such camp/land-use located in the Municipality of Chester. Sherbrooke Lake United Church Camp has existed on the lake for many years and is well regarded within the community. There have been no known land use conflicts and the location of the camp is fairly remote in relation to the majority of the homes and cottages on Sherbrooke Lake. Staff feel this series of factors makes the camp unique and thereby justifies listing it as a permitted use in the zone. This will allow the camp to continue operations unimpeded. There is no guarantee that a new camp developed in the Lakeside Zone will adhere to the standards or be accepted by the community in the way that Sherbrooke Lake United Church Camp is currently. Additionally, the Lakeside Zone is currently only proposed for Sherbrooke Lake. If the Lakeside Zone is considered for other lakes in the future, it would include a review of existing land uses on that lake to determine whether any special protections are warranted. Any special protections should be carefully weighed against the intent and purpose of the Lakeside Zone, being to protect water quality as well as a low-density residential living environment. Amending the proposed language to an open-ended “not-for-profit camp”, would allow the development of other camps anywhere in the Lakeside Zone with no public approval process. The comments expressed by the Committee member are well intentioned, however, in this instance would work against the intent of the zone. Altering the language to permit any “not-for-profit camp” or similar language, would allow new development of this type “as-of-right” within the Lakeside Zone. With As-of-Right development, there is little control and no ability to regulate noise, traffic flow, hours of operation or specific activities related to the camp. This would directly weaken the protections offered by the Lakeside Zone, that were requested by residents on Sherbrooke Lake. Staff recommend maintaining the proposed language to specifically identify Sherbrooke Lake United Church Camp as a permitted use in the Lakeside Zone. Several members of the public were also in attendance and were provided an opportunity to address the Committee. One member of the public expressed concerns that education is needed to ensure that residents understand the differences in authority and legislation between Municipal and Provincial governments. In particular, there was concern expressed that the current wording in the Lakeside Zone does not explicitly state that Forestry is authorized by the Province and not subject to Municipal authority. It was noted that the Lakeside Zone and supporting language has been approved in the Municipal Planning Strategy. The purpose of this meeting is to discuss the application of the Lakeside Zone to Sherbrooke Lake. Any proposed changes to the Lakeside Zone would need to be brought forward to Council as a Municipal Planning Strategy amendment. In addition, there was discussion around the need for education regarding the rezoning and information that could be sent to current property owners to advise of the new regulations and what they do and do not have authority over. P l a n n i n g M a t t e r s R e p o r t P a g e | 16 Following debate and discussion, the Committee opted to pass a motion other than those recommended by staff, to include a generalized allowance for the development of any not-for-profit camp as-of-right within the Lakeside Zone as follows: MOVED by Lee Harnish, SECONDED by Hugh Harper, that the Municipal Planning Advisory Committee recommend that Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark, with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone. MOTION CARRIED. OPTIONS As discussed, the motion passed by the Municipal Planning Advisory Committee differs from the staff recommendation. Both recommendations are noted below. If Council moves to proceed with the rezoning, staff are seeking a second motion to set a date for the Public Hearing. 1. MPAC RECOMMENDATION: That Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark, with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone. 2. STAFF RECOMMENDATION: That Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark. 3. That Municipal Council reject the proposed rezoning of properties around Sherbrooke Lake from General Basic Zone to the Lakeside Zone. If Council approves Options 1 or 2 above, staff also recommend the following: 1. That Municipal Council set a date for the Public Hearing for July 28 th beginning at 6:30pm in Municipal Council Chambers, 151 King Street 2. That Municipal Council set a date for the Public Hearing (please specify a date) beginning at (please specify time) in Municipal Council Chambers, 151 King Street IMPLICATIONS By-Law/Policy The proposed rezoning will affect the Municipal Land Use By-law. Policy changes are not required, and enabling policy was established in the Municipal Planning Strategy during the creation of the Lakeside Zone. P l a n n i n g M a t t e r s R e p o r t P a g e | 17 Financial/budgetary There are no known significant costs associated with the request to rezone lands around Sherbrooke Lake. Staff time and minimal costs for organizing meetings are the only cost incurred to date. Once implemented there are no expected ongoing costs. Environmental There is no anticipated environmental impact on Municipal operations. This zone is aimed at regulating private development on lakes. There is no municipal infrastructure serving the communities proposed to be rezoned. Strategic Priorities The rezoning of properties around Sherbrooke Lake to the Lakeside Zone will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development  Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Environmental Stewardship  Support environmental conservation & protection initiatives and efforts to tackle the impact of climate change. Priority Outcomes: Governance & Engagement  Ensure municipal service delivery is efficient and effective, communicated, and accessible.  Ensure municipal bylaw and policy frameworks reflect current and changing needs. Work Program Implications There are no anticipated impacts associated with this rezoning. Has Legal review been completed? No COMMUNICATIONS (EXTERNAL) Outreach and communication to date has followed the policies and practices of the Municipalities Public Participation Program as outlined in the Municipal Planning Strategy. As required by the Municipal Planning Strategy, the following has been completed:  a Public Information Meeting held on March 29th at the Forties Community Centre  Newspaper advertisement to advise of the Municipal Planning Advisory Committee meeting  Posting advertisements on Municipal Office doors, Social Media and the Municipal Website Calendar  Previous notice of the creation of the Lakeside Zone. This is not officially part of the engagement for this rezone file, however, this recent work did serve to notify property owners of an anticipated change in the zoning around Sherbrooke Lake. Outreach yet to be completed: P l a n n i n g M a t t e r s R e p o r t P a g e | 18  Newspaper advertisements will run twice for two consecutive weeks to advise of the date and time of the Public Hearing (this follows 1st Reading by Municipal Council)  Notice of the Public Hearing will be posted on Municipal Office doors, Social Media and the Municipal Website Calendar  Individual notification packages will be mailed directly to property owners whose property is proposed to be rezoned, in addition to property owners within 30m of any property proposed to be rezoned. This notice will advise of the proposed rezoning and detail the date and time of the Public Hearing where members of the public may submit written or present verbal comments to Council in support or opposition to the proposed rezoning. ATTACHMENTS Appendix A – Letter of request from Wil-dor Park and Sherbrooke Forest requesting rezoning Appendix B – Text Amendments to Municipal Land Use By-law Appendix C – Zoning Map Amendments to Municipal Land Use By-law. Michael Morrison 11 September 2020 Municipality of Chester Council 151 King Street PO Box 369 Chester, NS BOJ 1J0 Warden & Council Members; Wil-Dor Park (see enclosed graphic) is a distinct community on the shores of Sherbrooke Lake. There is a Joint Stocks registered Owners Association for the Park which has recognized not -for-profit status. Road maintenance funds for the 12 kilometer long road providing access to Wil-Dor Park are collected in conjunction with municipal property taxes ($2350.00 in fees were charged to do this in 2020). All maintenance funds collected must be directed towards road related expenses. With finalization of the Chester Municipality Land Use By-law effective 09 January 2020 Wil- Dor Park was assigned a General Basic zone designation. . Details on zone designation were provided to all. Wil-Dor Park residents. Property Owners in Wil-Dor Park have concerns with a General Basic designation and feel a Settlement Residential One designation would be more appropriate for our Park - clearly prohibiting things like campgrounds, RV parks, kennels, manufactured homes, shipping containers and heavy industry - limitng possible impact on the road which our association provides money to maintain. A formal vote was taken on seeking a change to our zone designation at our 2020 Annual General Meeting - over 95% were in favour of seeking a change to Settlement Residential One designation - one more suitable to the cottage/recreational/home community which exists in Wil-Dor Park. We have been advised that to formally seek a change in zone designation there is an application fee of $500 and an advertising deposit of $500 required. This is a significant amount of money that our Owners Association does not have. We would ask that, based on our particular situation, council consider waiving the requirement for these fees and deposits. Should you require any more information on this issue or want me to make a presentation to council let me know. Michael Morrison President Wil-Dor Park Property Owners Association MUNICIPALI'T'Y OE TIIE .ins-rklC ' OF CllES "EN'. f dad. Ph'aau*a P1'vr #Mn+efea;.rw eG. Robin McAdam Email: Phone 22 February 2021 Municipality of Chester Council 151 King Street PO Box 369 Chester, NS B0J 1J0 Warden & Council Members; With finalization of the Chester Municipality Land Use By-law effective 09 January 2020 Sherbrooke Forest was assigned a General Basic zone designation. Details on zone designation were provided to all Sherbrooke Forest residents. Sherbrooke Forest is a distinct community on the shores of Sherbrooke Lake. It is comprised of 30 properties represented by the Sherbrooke Forest Homeowners Association, a recognized non-profit group formed to maintain common elements and the 19 kms of private roads providing access to our community. Property Owners in Sherbrooke Forest are unanimous in having concerns with a General Basic designation as they feel it does not protect our properties unique and fragile environment nor does it reflect the residential nature of our lakeside community. Consequently, at a special meeting held on Thursday Feb 18, 2021, a formal vote was taken on seeking a change to our zone designation. Twenty-eight out of 30 homeowners participated. All 28 voted overwhelmingly to re-zone Sherbrooke Forest. The specific motion was worded as follows: The Sherbrooke Forest Homeowner’s Association, therefore, formally requests that the Municipality of Chester create a new zoning classification specific to lakeside communities, which would apply to the Sherbrooke Forest development, increasing zoning regulations and environmental protections. This includes limiting land use around lakes and in those lakeside communities with the aim of protecting their quiet residential nature and fragile environment. Failing that, and at the very least, Settlement Residential One designation would be more appropriate for Sherbrooke Forest - clearly prohibiting things like campgrounds, RV parks, kennels, shipping containers and heavy industry – limiting incompatible uses and impact on the road which our association provides money to maintain. We have heard that to formally seek a change in zone designation there is an application fee of $500 and an advertising deposit of $500 required. We ask that, based on our particular situation, council consider waiving the requirement for these fees and deposits for the following reasons: • Sherbrooke Forest Property Homeowners Association is registered as a Society on the Registry of Joint Stocks website; • Sherbrooke Forest Property Homeowners Association is a non-profit association; • Re-zoning reflects the historical usage of the land by Property owners and is fully supported by them. . I have contacted Pam Myra to request the opportunity to meet with Council in support of this request. Also, we have been in contact with the Municipality’s planning staff. They have advised us that they are preparing a report on this issue as a result of a request from another property owners group. We appreciate the opportunity to consult with staff as this initiative progresses. Should you require any more information in the meantime, please let me know. Robin McAdam President Sherbrooke Forest Homeowners Association ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 110 9.4 Lakeside Zone 9.4.1 Lakeside Zone In addition to the underlying zone requirements, the Lakefront overlay criteria shall apply to all development. 9.4.2 Permitted Uses and Developments The following uses are permitted in the Lakeside (LS) zone subject to the specific approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1-2 dwelling units on a lot DP 3 m 3 m 3 m 11 m Home-based Business DP Subject to section 9.4.6 Other Forestry Processing DP Subject to section 9.4.7 Farm Animals DP Subject to section 9.4.8 Sherbrooke Lake United Church 9.4.3 Prohibited Uses and Developments The following uses and developments are prohibited in the Lakeside (LS) zone. a) all light and heavy industrial uses; b) commercial uses. 9.4.4 Special Requirement: Vegetated Buffers Within the Lakeside (LS) zone a vegetated buffer area is required to lessen the impact of surface and subsurface runoff on water quality. Vegetated buffers reduce sedimentation and help protect property from erosion. Within the Lakeside (LS) Zone, the following requirements apply; Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement LS LS Camp DP 5m 5m 5m 11m ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 111 a) property owners shall retain natural vegetation within 10 m of the ordinary high-water mark in an undisturbed state, thereby creating a vegetated buffer area between the lake and the developed area of the lot. b) within the vegetated buffer area, development is prohibited except for docks and one accessory structure; c) within the vegetated buffer area, clearing of vegetation including accessory structures is permitted, to a maximum of 30% of the vegetated buffer area. The purpose of this clearing is to allow filtered views and access to the lake; d) where no dwelling exists, prior to receiving a development permit, a vegetated buffer must be reinstated with a mix of woody & grassy vegetation; e) the maximum width of any pathway, clearing or access to the water shall be 4.5 m; f) within the vegetated buffer area, property owners shall retain and preserve trees with a caliper of 13 cm or larger. This provision shall not apply within a pathway or lake access as described in 9.4.4 e); g) within the vegetated buffer area, excavation and infill is prohibited, except that a maximum of 0.6 m may be excavated or infilled as required to construct an accessory structure or dock, in no cases shall infill or excavation extend beyond the ordinary high-water mark; h) notwithstanding the preceding regulations, nothing shall prevent the removal of dangerous or significantly diseased vegetation. 9.4.5 Special Requirements: Minimum Lot Size All newly created lots within the Lakeside (LS) zone shall have a minimum lot area of 0.4 hectares. 9.4.6 Special Requirements: Home Based Business A lot with a residential dwelling may be used for a home-based business provided that: a) a maximum of thirty (30)m2 of the floor area, is devoted to the business use; b) home-based businesses shall fall within one of the following: i) Professional services; ii) Home office & Sales uses that do not host, intake or receive clients on-site; ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 112 iii) Craft workshops; iv) Studios for the practice of instruction of fine arts or Crafts; v) Rental of cottage or one (1) RV on a lot that has a dwelling. c) one-on-site parking space, in addition to that required for a dwelling is provided; d) outdoor display associated with the business shall only be permitted during the business hours of operation; e) the external appearance of the building shall not be changed by the home-based business; f) signs advertising home-based businesses within the Lakeside (LS) zone shall not exceed 0.5m2 9.4.7 Special Requirement: Forestry Processing In the Lakeside (LS) zone the following setbacks shall apply: a) require a maximum of 11 m height of related structures; b) require a minimum setback of 20 m from a waterbody or watercourse, or the provincial requirement in compliance with the Forests Act., whichever is greater; c) require a minimum of 5 m setback from all other property boundaries. 9.4.8 Special Requirement: Farm Animals In the Lakeside (LS) zone: a) any lot used for the rearing, breeding, boarding, sheltering or keeping of a farm animal or farm animals that constitutes one (1) or more farm animal units shall have an area no less than 3716 m2 for the first farm animal unit, and an additional 1858 m2 for each addition farm animal unit. b) no person shall keep any farm animal or farm animals, including fenced areas, within thirty (30) m of the ordinary high-water mark, dug well or watercourse. c) any lot used for the rearing or keeping of a farm animal or farm animals, the following separation from lot boundaries shall apply; Land Use Minimum Distance From Property Boundary Manure and used bedding storage 15 m Building or sheltering 5 or fewer Farm Animal Units 15 m ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 113 Building or sheltering more than 5 Farm Animal Units 60 m 9.4.9 Special Requirement: Habitation of Vehicles Within the Lakeside (LS) zone, no automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, shall be used for human habitation, except that a recreational vehicle may be used subject to the following: a) has received a development permit and met all requirements of this Section: b) is limited to one (1) recreational vehicle on a lot which contains a dwelling unit; c) is limited to two (2) recreational vehicles on a lot which contains no dwelling units; d) meets all minimum yard requirements for residential uses in the zone in which it is located; e) conforms with the vegetated buffer area requirements listed in 9.4.4. 9.4.10 Special Requirement: Short-Term Habitation of Vehicles Notwithstanding 9.4.9, nothing shall prevent the temporary habitation of recreational vehicles within the Lakeside (LS) zone, up to a maximum of fourteen days in any calendar year without the requirement for a temporary development permit or a development permit. 9.4.11 Special Requirement: Storage in Vehicles No automobile, truck, bus, coach, streetcar, recreational vehicle, camper or other motor vehicle or part thereof, with or without wheels, no mobile home, container, shall be used for the storage or shelter of goods of any description. F a r m i n gto n R d H e m l o c k D r B a r s s C o r n e r R d S a l m o nRd Chu r c h Ca m p R d O a k Dr Gilberts Lan e Forties Rd Rus s e l l s Co v e R d M i d d l e F ork R d O a k T r ee R d Beach R d N a rrowsRd G ri m msCo v e R d N o r t h Fork R d Bee c hLa n e R a fuseRd P a r kdaleD r ZwickerDr S o uthPoint Rd KillDo g C o veRd G e o r g e B r o w n R d B e a chPointRd Loneso m eLakeTrail Cro w n L a n e Tall Pine L a n e Br i d g e R d R iv e r R d H a r l o w L a k e R d E ve l y n D r J o h n T u r n e rRd W o o d s t o c k R d H i g h L a n d i n g R d HalifaxRegionalMunicipality Municipalityof the Countyof Kings Municipality ofthe Districtof Lunenburg Municipalityof the Districtof West Hants Municipality ofthe Districtof Chester Legend Lakeside Zone (LS) Lake Water Feature Municipal Boundary Property Boundary Road Representation of MODC within Nova ScotiaScale: 1:1,100,007 ) ® 1,000 0 1,000500 Metres Scale: 1:35,000 2,500 0 2,5001,250 Feet Map Disclaimer: This map was produced by theMunicipality of the District of Chester and shall be used as agraphical representation of zoning boundaries for the LandUse By-law. Property boundaries may change and areshown here for convenience only. For information on theinterpretation of zoning boundaries with respect toproperty lines, roads, and natural features, please refer tothe By-law. Information shown on these drawings iscompiled from numerous sources and may not be completeor accurate. The Municipality of the District of Chester isnot responsible for any errors, omissions or deficiencies inthese drawings. Sources: Digital Base Map Data from Service Nova Scotiaand Municipal Relations Coordinate System/Datum: UTM NAD83 CSRS ZONE 20NDigital Folders and File Name: 1033614, CM-AM2020-002Actual Map Size: w 11" x h 17" Date Printed: 22/06/01 KEY MAP SherbrookeLake M U N I C I P A L I T Y O F T H E D I S T R I C T O F C H E S T E R M U N I C I P A L I T Y O F T H E D I S T R I C T O F L U N E N B U R G LAKESIDE ZONE SherbrookeLake GullyLake MUNICIPALITY OF THE DISTRICT OF CHESTER PUBLIC HEARING REPORT REPORT TO: Municipal Council SUBMITTED BY: Garth Sturtevant, Senior Planner DATE: 4 August 2022 SUBJECT: 2020-419 MOVED by Councillor Connors, SECONDED by Councillor Barkhouse that the request from Wil-Dor Park Property Owners Association in an email dated September 11, 2020 regarding request for rezoning be referred to staff for review and recommendation. ALL IN FAVOUR. MOTION CARRIED. 2022-285 MOVED by Councillor Connors, SECONDED by Councillor Wells that Council approve the rezoning of properties around Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark, with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone; And that Council approve the rezoning of properties around Sherbrooke Lake including Gully Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High-Water Mark. ALL IN FAVOUR. MOTION CARRIED. (A) DETAILS OF PROPOSED AMENDMENTS Request from: Letter of request submitted by Wil-dor Park Property Owners Association requesting rezoning from General Basic to Settlement Residential One dated September 11, 2020. Council discussed the request at a meeting held December 17, 2020 and asked staff to provide additional options at a future meeting. On June 10, 2021 staff presented a follow-up report containing additional options to address the request of Wil-dor Park Property Owners. Following discussion, Council directed staff to pursue Option 2, to create a new “floating zone”, the Lakeside Zone, which could be offered to groups such as Wil-dor Park Property Owners who are seeking additional protections for these residential communities. On June 30, 2022 Council considered a proposed rezoning of properties on Sherbrooke Lake from General Basic to Lakeside Zone. Request date: September 11, 2020 per the date of the letter from Wil-dor Park requesting rezoning. The file has since expanded to consider application of the Lakeside Zone to all properties on Sherbrooke Lake. Nature of amendments: Be it enacted by the Council of the Municipality of Chester as Follows:  Add text at Section 9.4.2 of the Chester Municipal Land Use By-law to list Sherbrooke Lake United Church Camp (PID 60113842) as a permitted use within the Lakeside Zone  Amend the Schedule A – Zoning Map of the Municipal Land Use By-law to reflect the rezoning of properties on Sherbrooke Lake from General Basic Zone to Lakeside Zone. The extent of the Lakeside Zone will be 300m inland, beginning at the Ordinary High Water Mark. Purpose of amendments: The Lakeside Zone was created to protect residential character and introduce basic environmental protections for development near a waterbody. The current proposal is to rezone all properties around Sherbrooke Lake to Lakeside Zone and that the Lakeside Zone will begin at the Ordinary High Water Mark and extend 300m inland as indicated. (B) MEETING DATES  17 December 2020 – Request to Council from Wil-dor Park Property Owners Association considered. Staff report presented. Council requests additional options to consider. This began the process of creating the Lakeside Zone, which is now being considered for application to properties on Sherbrooke Lake.  29 March 2022 – Public Information Meeting held at Forties Community Centre  15 June 2022 – Municipal Planning Advisory Committee Meeting held  30 June 2022 – Council considered the staff report and gave 1st Reading to the draft amendments  4 August 2022 – Public Hearing held (C) DOCUMENTATION Reports:  17 December 2020: Staff Report – Request from Wil-dor Park to rezone from GB to SR-1  15 June 2022 – Staff Report: Rezone Sherbrooke Lake to Lakeside Zone  30 June 2022 – Staff Report: Updated for Council 1st Reading  4 August 2022 – Report prepared for Public Hearing Advertisements (Progress Bulletin):  16 March 2022: Notice of Public Information Meeting  8 June 2022: Notice of Municipal Area Advisory Committee Meeting  13 July 2022: Notice of Public Hearing (1st Notice)  20 July 2022: Notice of Public Hearing (2nd Notice)  27 July 2022: Notice of Public Hearing Other notifications:  30 June 2022 – Notice of Public Hearing Mailed to: o Municipality of the District of Lunenburg o Municipality of Kings  4 July 2022 – Neighbour Notification Package sent to 216 properties (all those proposed to be rezoned and those within 30m of a property proposed to be rezoned)  30 June 2022 – signs posted at entrance to: George Brown Road, Church Camp Road, Narrows Road & Oak Tree Road  Copies of all Progress Bulletin Advertisements posted on Municipal Website and Municipal Office doors  Social Media postings Fees paid: No fees required. (D) WRITTEN SUBMISSIONS RECEIVED SUBMISSIONS REGARDING LAKESIDE ZONE NAME 1 Anonymous 2 Ashby, Rod & Tina 3 Barker, Kelly 4 Bastedo, Anne 5 Chenard, Doreen 6 Clarke, Susan & Barrie 7 Coolican, Murray (July 13, 2022) 7 Coolican, Murray (July 17, 2022) 8 Earle, Doug 9 Feschuk, Warren (March 30, 2022) 9 Feschuk, Warren (July 23, 2022) 10 Hamilton, David 11 Harper, Hugh 12 Harris A Turner Construction & Forestry Products 13 Hubley, Matt & Latisha 14 Kent, Darren & Susan 15 Lanteigne, Gerry and Carey, Trudy 16 MacCulloch, Donna 17 MacDonald, Ron 18 McLaren, Ken & Ann 19 Millett, Nadine (March 31, 2022) 19 Millett, Nadine / Littlefair, Elcie / Littlefair, Greg (July 18, 2022) 20 Northey, Andrea and Tony (July 21, 2022) 20 Northey, Anthoney & Andrea (July 28, 2022) 21 O'Brien, Joe (July 13, 2022) 21 O'Brien, Joe (March 29, 2022) 22 Patrick, Alice & David 23 Rapson, John / Anne / David 24 Renz, Ron & Whelan T. (March 29, 2022) 24 Renz, Ron (March 30, 2022) 25 Vandekieft, Matt 26 Wien, Carol Anne 27 Wien, Frederic 28 Yardley, Sally & Kropf, Rick (March 29, 2022) 28 Yardley, Sally (with Submission) (March 30, 2022) 28 Yardley, Sally / Kroph, Richad (July 25) 36 Submissions from 28 People Let us know your thoughts on the proposed c;-4j*— rezoning around Sherbrooke Lake THE MUNICIPALITY OF CHESTER Whether you agree or disagree with the proposed rezoning, please leave any comments, thoughts or suggestions below. Also, please leave any suggestions or comments on the appropriate depth of the Lakeside Zone for Sherbrooke Lake. You may write your comments in the space below, email planning@chester.ca or phone 902-275- 2599. Date: March 29, 2022 Resident's Name (optional): Home Community: L ) , 1-C L-K- Comments: Gc- ilk' t %c, h I_, ur1 l I ,c—pox ; t f- ( t Thank you for your input! Garth Sturtevant From: Tina Connors Sent: July 15, 2022 2:30 PM To: Rod Ashby Cc: Pam Myra (she/her); Garth Sturtevant Subject: #External: Re: rezoning of properties around Sherbrooke lake Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hi Rod, Good to hear from you. First to answer your last question! This email will suffice, and you will note that in my reply, a cc to Pamela Myra and Garth Sturtevant. Your comments will be included as part of the Public Hearing. I am glad that you received the direct notification package and was able to reach out to Garth, and have a conversation It's all about information - finding out specifically what the Lakeside Zone is all about and the property owners take on it, what the concerns are. How does it differ from the current zone, and what do property owners agree with/ not agree with. I am keenly interested in knowing (thus to better represent) what your concerns are, with the proposed zoning change from General Basic to Lakeside. I know you have my tel contact numbers, and you can give me a call anytime. Or, I may try you! To answer another question in your note, no, I have not been in contact with all of the associations on the lake. Some have reached out to me, and I expect that I will continue to hear from many more (both Not In Favour and In Favour). The notification package is being sent, through direct mail, to all owners of a property proposed to be rezoned or a property owner within thirty (30) m of a propoerty proposed to be rezoned. Thanks for now, Tina C. On Thu, Jul 14, 2022 at 7:35 PM Rod Ashby Hi Tina wrote: I am contacting you because I am against this rezoning. As our counsellor, I would like to know if you have been in contact with all the associations on the lake to get a sense of what the people involved are feeling about these Draconian rules that are going to be inflicted on them if this proposal passes? I have spoken to Garth Sturtevant, and he confirms that if something like what Wil dor park asked for, which was to ensure that a trailer park would not be allowed in the park and that the association could pass a bylaw to do exactly that, rather than this incredible suit of rules that are attached to this rezoning proposal. I along with many people I have spoken to agree that the zoning we have is really all we need and bylaws to handle certain situation such as this is all we need. 13 Also it has taken 2 years to come up with this rezoning proposal but we are only given less than a month to make up our minds. Because of all the other things attached to this rezoning proposal and the fact that its vacation time for most people and many are gone on vacation that the vote should be postponed until the end of September. Also I don,t understand why a hand written letter has to be sent to council when an email would suffice. Please advise if I still have to send a letter, or will this email to you be sufficient? Thanks Tina, Rod 14 Pam Myra (she/her) From: Kelly Barker Sent: July 25, 2022 11:22 AM To: Pam Myra (she/her) Subject: #External: Proposed rezoning area comments Re: Sherbrooke Lake This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello this correspondence is to offer my support of the proposed rezoning to Lakeside Zone. Our property is PID# 60115052 I am an owner and steward of property on the lake and a member of the Sherbrooke Lake Association and I feel very strongly that more needs to be done to help protect this water and land; this rezoning is one form of action that will help this water and land from practices in development, forestry processing, farming, etc. that General Basic Zoning does not. This rezoning will offer the owners of land a sustainable way of being stewards of and help protect the land. Thank you for your time, please feel free to contact me for any further questions, I appreciate your time. Kelly Barker Kelly Barker (she/her/they) Park View Education Centre Visual Arts Teacher 1 Garth Sturtevant From: Anne Bastedo Sent: July 22, 2022 4:06 PM To: Pam Myra (she/her); Tina Connors Cc: Garth Sturtevant; Planning Subject: #External: Rezoning of Properties around Sherbrooke Lake ... Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Dear Ms. Myra and Ms. Connors, My husband Richard Lane and I own 2 properties in Sherbrooke Forest on the east side of Sherbrooke Lake. We are writing to voice our approval for the new proposed Lakeside Zone. We believe strongly it will help to protect the environment generally on our side of the lake and specifically the water quality for all to enjoy in the future. We also believe that there are straightforward work-arounds for any and all objections we have heard to the zoning proposal. Please register our views with Council at the public hearing as we are not able to attend. And thank you. Anne Bastedo and Richard Lane Anne Bastedo 67 Pam Myra (she/her) From: Doreen Chenard Sent: July 25, 2022 2:28 PM To: Pam Myra (she/her) Subject: #External: Rezoning of properties around Sherbrooke lake from General Basic Zone to lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Good afternoon, Pam, I am an owner of property identified as 97 Oak Drive on Sherbrooke Lake which is among the properties proposed for re -zoning To Lakeside Zone. This email is in response to a letter received from Garth Sturtevant, Senior Planner, providing notice of public hearing and explaining what the Lakeside Zone means. I reviewed the information and want to indicate my support of the proposal. I appreciate that this proposal contains environmental protection measures to help ensure the environmental water quality of our beautiful lake. I think we need measures like this because without 'rules' like these that cover a wide geographic area, I'm afraid individual property owners will chip away at the environmental condition of the lake, one property at a time. Individuals' lakeside development' decisions can really add up to negative consequences over time if the protections aren't put in place at the larger, municipal level. We have a gem now and there's still time to protect it and keep it that way. Sincerely, Doreen Chenard AVERTISSEMENT : le present courriel et tons les documents clui y sont annexes sont confidentiels et peuvent titre assujettis au secret nrofessionne':. Si vcuus recevez ce: courries par erreur, veuillez noun ern Infor=rrer irnmediaternent et le det.ruire integralernent. NOTiCUTh s ernail and anyfiles transmitted with it are confidential and can be subject to Professional secrecy. If you have received this email in error or are not the intended recipient, please notify us immediately and delete it in its entirety. July 22, 2022 Ms. Pam Myra Municipal Clerk Municipality of the District of Chester amvraPchester.ca Dear Ms. Myra, We are writing about the proposed Lakeside Zone issue that you are currently considering. We have owned our lakeside property in the Sherbrooke Forest Association for 25 years. Our cottage is set well back from the lake, and we have been happy to completely abide by the covenants governing our Association. In all that time, we have not cut down a single live tree on our 15-acre property, including in the buffer zone between our cottage and the lake, through which we have only a 1-metre wide path, just narrow enough to portage our canoe. For the health of Sherbrooke Lake, and indeed for all other lakes in Chester Municipality, we completely understand the importance of enacting regulations to protect the environment. If we don't legislate new regulations now, we will inevitably have to do it later, and be even farther behind the environmental eight ball than we are already. We enthusiastically support the proposed Lakeside Zone regulations. Sincerely, Susan and Barrie Clarke 207 Middle Fork Road Garth Sturtevant From: Murray Coolican Sent: July 13, 2022 9:14 AM To: Garth Sturtevant Subject: External: Fwd: Lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: Murray Coolican Date: July 13, 2022 at 8:52:14 AM ADT To: tconnors@chester.ca Cc: gstutervant@chester.ca, Mimi Stanfield Subject: Lakeside Zone Tina, As you know my wife and I own property on Sherbrooke Lake in Chester. I am writing to support the Lakeside Zone. It is a small step to ensure our freedom to enjoy this precious environment. Murray Coolican Sent from my Phone 17 Pam Myra (she/her) From: Murray Coolican Sent: July 17, 2022 5:51 PM To: Pam Myra (she/her) Subject: #External: Lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. My wife and I own property on Sherbrooke Lake in Chester. I am writing to support the Lakeside Zone. It is a small step to ensure our freedom to enjoy this precious environment. Murray Coolican Sent from my iPad VAAN Pam Myra (she/her) From: Doug Earle Sent: July 14, 2022 10:51 AM To: Pam Myra (she/her) Subject: #External: Concerns of Proposed Land Use Rules on Sherbrooke Lake This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Municipality of Chester/Garth Sturtevant, Senior Planner: As a property owner on Sherbrook Lake in Wil-Dor Park I have some concerns about the proposed vegetative buffer. I have two waterfront properties, adjacent, on Beech Lane. One is developed with an area open to the water about 10 feet wide. I rollout my dock in this area each summer. The rest of the shoreline is mainly brush and a few trees. I have a grassy area starting about 10-15 feet from the lake that spans the width of my properties. In the 1980's and '90's, my cottage lot and the adjacent property have had more than 100 loads of fill dumped in what once was "swamp". The shoreline has not been cleared of any trees or brush on the adjacent lot. I have never applied any grass seed, the grass has developed naturally over the 39 years I have owned the property. I don't apply anything to the grass and I mow it when needed. My two properties will be given to one of my sisters when I die. I am concerned that she and her family will not be able access the lake from the adjacent lot if they ever build on that lot. I understand the need to have improved rules/guidelines on how water -front properties can be developed but the property owners need to be able to access the lake for swimming and boating. There are several land owners in our community that live there full-time but the majority are seasonal residents. We need to be able to continue to access the lake from our properties for such activities as swimming and boating. I hope the new bylaws will accommodate such access. Thank you, Doug Earle Garth Sturtevant From: warren feschuk Sent: March 30, 2022 6:24 PM To: Planning Subject: External: Sherbrooke Lake "Lakeside zone" Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Dear Chester Planning Committee, I was regretfully unable to attend the 29th March Meeting at the Forties Community centre as I was working out of town during that time. I have received information on the meeting and wish to provide feedback directly to your department. am an owner of 3 PIDs on Sherbrooke Lake in the "Sherbrooke Forest" community development. Each of my properties would be directly affected by the proposed Lakeside zone proposal. I wish to convey my support for Robin McAdam's comments to adopt the zone and request a buffer length of 500 metres from the shoreline. I believe this zone at 500 metres is best suited and necessary to protect the properties and the region environmentally and development -wise in the future. Please feel free to contact me directly if you require or I may action further support to this endeavour. Regards, Warren Feschuk 24 Garth Sturtevant From: warren feschuk Sent: July 23, 2022 10:05 PM To: Garth Sturtevant Cc: Tina Connors; pmyr@chester.ca Subject: External: Lakeside Zone - Sherbrooke Lake August 4th meeting considerations This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. To Whom It May Concern I own property on Sherbrooke Lake in Chester, NS. This email is to indicate my support for the Lakeside Zone as proposed. My goal in this is to help preserve the well-being of our healthy Sherbrooke Lake environment. Sincerely, Warren Feschuk Pam Myra (she/her) From: Garth Sturtevant Sent: July 28, 2022 4:20 PM To: David Hamilton Cc: Pam Myra (she/her); Tina Connors Subject: RE: #External: Re: Lakeside Zone Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon David, Thank you for submitting comments relating to the upcoming Public Hearing to rezone properties on Sherbrooke Lake to the Lakeside Zone. Your comments have been coped by Tina to the Municipal Clerk. I will note that the official deadline for submission of written comments was Monday at 4:30pm, however, we will do our best to include these with the package for consideration by Council. Best Regards, Garth Sturtevant GARTH STURTEVANT Senior Planner Office; 902-27 -413 Consider the environment. Do you really need to print this email? From: Tina Connors Sent: July 28, 2022 3:42 PM To: David Hamilton Cc: Pam Myra (she/her) <pmyra@chester.ca>; Garth Sturtevant <gsturtevant@chester.ca> Subject: #External: Re: Lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello & good afternoon, Thank you for your email. I am hearing from property owners (both Not in Favour and In Favour). I am sending your correspondence along to Pamela Myra, Municipal Clerk and Garth Sturtevant, Senior Planner, for information. Take care, Tina C. rrm0n Thu, Jul 28, 2022 at 7:34 AM David Hamilton <David.Hamilton@dal.ca> wrote: a (summer) resident of Wlldor Park on Sherbrooke Lake, and vote YES to the Lakeside Zone 1 cL,i A Spotted Sandpiper Sherbrooke Lake July 2022 Dear Council, As a member of MPAC I assisted in the development of the Lakeside zone for Sherbrooke Lake. I am eager to see it approved. The little Spotted Sandpiper pictured above arrives with his family every year. Sandpipers like so many birds, fish and animals rely on Sherbrooke Lake to grow their families. Many of them are year around and others like the Sandpiper migrate back to the lake year after year. I see our responsibilities as stewards of the lake for all users, little or big. The new Lakeside zone is a wonderful step in strengthening that stewardship. I appreciate all the work put into this zone change by the planning committee, our volunteer committee and Council. Thank you!! Please pass this new zone. Sincerely and thank you, Hugh Harper 25 East Wind drive Chester, BOJ1JO and 120 Southpt rd, Forties, (Sherbrooke Forest) BOJ2M0 July 24,2022 Harris A. Turner Construction and Forest Products Limited 7 Mossman Road West Northfield Fax: 902 543 9300 Nova Scotia, Canada B4V 8N2 RECEIVED The Municipality of Chester P.O. Box 369 JUL 1 Ill Chester, N.S. BOJ 110 Ms. Pamela Myra, Municipal Clerk Dear Pamela: Tel: 902 543 9300 Thank you for the letter, dated July 4, 2022, Re - The Lakeside Zone. We bought this property, April 30, 1963. It contains approximately 500 Acres in the Sherbrooke Lake area. The proposed Lakeside Zone to begin at the Ordinary High -Water Mark on Sherbrooke Lake and extend 300m inland as shown on the map, is unreasonable. I object to the Lakeside Zone Proposal. The Land Owners, should be in control of their own properties. Sincerely 1 E. Genevieve Turner Owner -Operator Pam Myra (she/her) From: Tish Hubley Sent: July 21, 2022 2:57 PM To: Pam Myra (she/her) Cc: mattyhubley@gmail.com Subject: External: Lakeside zoning change for Wildor Park area This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. This letter is to advise that the Hubley family at 610 Beech Ln. disagree with the proposal to change the property bylaws for Wildor Park. This cottage has been in our family for 50 years. Over the last 50 years the family has used the cottage and it's property to enjoy the lake and the land surrounding it. We have established gardens and shrubbery that requires pruning and upkeep. With the proposed lakefront changes requested it appears that we would no longer be allowed to maintain these areas if they fall within 10metres of the high water mark. It would also lead us to believe that we cannot use this space for recreational use such as sitting by the lake in lawn chairs watching the kids enjoy the lake or even play a friendly game of washer toss. Our family made the decision during development that the trees would remain on much of our property. The new bylaw if approved would inhibit our ability to open our existing space up further. We feel inclined to state that we would happily clear cut our property before the bylaw is instated to ensure we never have to worry about having tall trees falling on our cottage later on. Our family cottage is a 2 bedroom cottage and our family has grown to include 4 households. From time to time we may all come to the cottage at the same time and bring RVs to accommodate everyone. We will continue this tradition regardless of the bylaw. The proposal suggests that home based businesses are allowed. This area has always been deemed cottage country. It would seem that putting home based business in an ears where the lifestyle is really about enjoying nature and all it has to offer seems out of place. It is unclear what the following statement is meant to do. "the protection of water quality in the lakeside zone shall take priority in the event of a conflict between residential and recreational uses and water quality. " it doesn't indicate what recreational uses refers to. Does this include the use of motorized water craft such as boats or jet skis? Does this mean cottage property can no longer be used if the lake water is deemed to be of lower quality? The statement referencing lakefront residential communities comprised of single family homes is not indicative of cottage country which has always been a place where multiple families have together. This statement doesn't provide protection for cottage owners but rather year round residents. There are currently less than 12 year round residents surrounding beech lane, oak drive and larch lane. This statement is not for the benefit of water quality in the lake but rather for the year round residents to have more control over the use of these lakefront properties. When reviewing the area impacted by the new proposal it appears only part of the Sherbrooke lake community is being considered. It's unclear how protecting one side of the lake will have a great impact on water quality. Our property is 90% covered in trees up to the water. If trees need to be removed at anytime in the foreseeable future they will be removed regardless of the state of the proposed bylaw. H and Lc,4-75 h& N6 k l-eX Pam Myra (she/her) From: Tina Connors Sent: ]u|y29.20228:44AK4 To: darrenKent Cc: Pam Myra (she/her);Garth Sturtevant Subject: #Externa|: Re: Rezoning proposal This email originated from outside of the organization. Do not dioh links or open attachments unless you N [800gizothe sender and know the content is safe. 0 Hello & good morning, Thank YUU for your email. T 8Ol hearing from property owners (both Not in Favour and In Favour). T am sending your correspondence along to Pamela Myra, Municipal Clerk and Garth Sturtevant, Senior Planner, for information. Take good care, Tina C. OnThu, Jul 2O,2O22at10:27PMdanenKent would like toplace anovote onthe rezoning proposal ofSherbrooke lake. This proposal was not what was originally presented to us ... Thank you and have a great day Darren & Susan Kent Sent from my iPad Garth Sturtevant From: TrudyAndGerry Sent: July 20, 2022 6:51 AM To: Pam Myra (she/her); Garth Sturtevant; tconners@chester.ca Subject: #External: Lakeside Public Hearing August 4 This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. We own property on Sherbrooke Lake in Chester. We are writing in to support the Lakeside Zone. It is a small step to enjoy this precious environment. Sincerely, Gerald Lanteigne and Trudy Carey 50 Bridge Road Sent from Mail for Windows Garth Sturtevant From: Donna Mcculloch Sent: July 23, 2022 9:49 PM To: pmyr@chester.ca; Tina Connors; Garth Sturtevant Cc: Donna Mcculloch Subject: External: Lakeside Zone Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. To Whom It May Concern I own property on Sherbrooke Lake in Chester, NS. This email is to indicate my support for the Lakeside Zone. My goal in this is to help preserve the well-being of our precious Sherbrooke Lake environment. Sincerely, Donna McCulloch, MD, FRCP (C) 4 17 Garth Sturtevant From: Ron Macdonald Sent: July 21, 2022 10:43 AM To: Tina Connors Cc: Garth Sturtevant, Pam Myra (she/her) Subject: External: Re: Lake Zone Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Thank you! On Mon, Jul 18, 2022 at 8:42 PM Tina Connors Hi Ron, wrote: Good to hear from you. The notification package is being sent, through direct mail, to all owners of a property proposed to be rezoned or a property owner within thirty (30) m of a property proposed to be rezoned. I am hearing from property owners (both Not in Favour and In Favour). You will note in my reply, a cc to Pamela Myra, Municipal Clerk and Garth Sturtevant, Senior Planner. Your comments will be included as part of the Public Hearing, as will all written submissions (up to 4:30 p.m. Mon July 25/ 22). AND, as with any Public Hearing, the public is encouraged to not only attend, but to bring forward comments, provide input, ask questions. Feel free to give me a call anytime, to further discuss, if you wish: c. 902-277-1095;_ Garth also, by email: gsturteveant@chester.ca, or by phone: 902-275-4135. I Tina C. On Mon, Jul 18, 2022 at 4:47 PM Ron Macdonald wrote: Hi Tina Ron Macdonald here from Deep Cove back at Sherbrooke Lake I am against the lake Zone I believe it should stay as the general zone and they shouldn't change a thing they don't wanna trailer park in Wil Dor tell them to change their byelaws I'm against it and most of the people in here are against it as well. Thank you Ron MacDonald Let us know your thoughts on the proposed rezoning around Sherbrooke Lake THE MUNICIPALITY Or CHESTER Whether you agree or disagree with the proposed rezoning, please leave any comments, thoughts or suggestions below. Also, please leave any suggestions or comments on the appropriate depth of the Lakeside Zone for Sherbrooke Lake. You may write your comments in the space below, email planning @chester.ca or phone 902-275- 2599. Date: March 29, 2022 Resident's Name (optional): X-01A) Home Community: %v/L 02 PA-P dc.I/OVCQs / I SSo C/ ld r Comments: 01.1 .111112WxEmu a. 3, Thank you for your input! Garth Sturtevant From: S. Nadine Millet Sent: March 31, 2022 12:52 PM To: Planning Cc: Garth Sturtevant; Tina Connors Subject: #External: Depth of New Lake Zone Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. have a family cottage in Wildor Park and own some property in Sherbrooke Forest. I would like to see the Lakeside Zone extend 500m from the shore. To be effective and keep our lake healthy it needs to extend a significant way inland. Also many of the lakeside communities also include forest lots so it makes sense that the whole community abides by the same regulations. Thank you, Nadine Millet. 22 Garth Sturtevant From: S. Nadine Millet Sent: July 18, 2022 10:20 AM To: Pam Myra (she/her) Cc: Tina Connors; Garth Sturtevant; AGC; John & Elcie Subject: External: Support for New Lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Myself and my family co-own a property on Sherbrook Lake in Wil-Dor Park and I own property on Sherbrook Lake in the Sherbrooke Forest subdivision. My family and myself are writing to support the Lakeside Zone. It is a small step to ensure our freedom to enjoy this precious environment. A vegetative buffer is important to the health of the lake and also to avoiding erosion and helping to keep the climate cooler. The new Lakeside zone also preserves the traditional residential uses of lakeside properties. Sincerely, Nadine Millet, Elcie Littlefair, Greg Littlefair. 12 On Jul 21, 2022, at 8:45 PM, Andrea Northey <northey.andrea(@gmail.com> wrote: Hello Tina We own property on Sherbrooke Lake in the Municip. of Chester. Tony and I love our place and we would like to thank you for all the work that was put into creating a zone that protects the lake and thus the environment. We are sorry we can't come to the meeting on Aug. 4th but would like to say that we are all for it. Thanks again Andrea and Tony Northey 10 South Point Rd. z Pam Myra (she/her) From: Anthony Northey Sent: July 28, 2022 6:59 AM To: Pam Myra (she/her) Subject: #External: Sherbrooke Lake Protection Area This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Ms. Pam Myra Town Clerk Dear Ms. Myra We own property on Sherbrooke Lake in Chester. We are writing to support the Lakeside Zone. It is a small step to ensure our freedom to enjoy this precious environment. We would also encourage Chester to take the lead in getting other districts in Nova Scotia to follow Chester's example. Sincerely, Anthony & Andrea Northey Sent from my iPhone Garth Sturtevant From: Joe O'Brien Sent: March 29, 2022 9:45 PM To: Planning Subject: #External: Public Information Meeting New Ross Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello Garth. I am one of the lot owners in the Sherbrooke Forest Association and I attended your meeting this evening. I would like to thank you for a very clear presentation as well as an obvious willingness to listen to folks' questions and concerns. I applaud your efforts to develop greater protection for our lakes and wish you all the best. Joe O'Brien Sent from Mail for Windows 26 ar Garth Sturtevant From: Sent: July 13, 2022 9:07 AM To: Tina Connors Cc: Garth Sturtevant; Robin McAdam Subject: #External: lakeshore zoning This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. I would like to congratulate all who have worked so hard to protect the quality of Sherbrooke Lake. I fully support your plans to establish the protection zone on the Chester side of the lake. Hopefully, one day, Lunenburg Council will take similar action. All the best. Joe O'Brien Sherbrooke Forest cottager Virus -free. www.avast.com 18 a Garth Sturtevant From: David Patrick - Sent: July 13, 2022 8:04 AM To: Tina Connors Cc: Garth Sturtevant Subject: External: Rezoning Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Good Morning I am writing to state that Alice and I are in favour of the rezoning of Sherbrooke Lake to a Lakeside zone. Thank you Alice and David Patrick 118 South Point Rd Sherbrooke Lake 19 073 Garth Sturtevant From: Anne Rapson Sent: July 24, 2022 5:09 PM To: Pam Myra (she/her); Tina Connors; Garth Sturtevant Cc: John Rapson; David Rapson; Anne (EC) Subject: #External: Lakeside Rezoning This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello Members of Chester Council, We own property on Sherbrooke Lake in Chester. We are writing to support Lakeside Rezoning. It is a small step to ensure our freedom, and the freedoms of our families in the future, to enjoy this precious environment which feeds the soul and the body. We feel this type of protection is definitely needed at this juncture in the history of the lake. John Rapson Anne Rapson David Rapson Lot 12 in Sherbrooke Forest 4 Let us know your thoughts on the proposed rezoning around Sherbrooke Lake THE MUNICIPALITY Or CHESTER Whether you agree or disagree with the proposed rezoning, please leave any comments, thoughts or suggestions below. Also, please leave any suggestions or comments on the appropriate depth of the Lakeside Zone for Sherbrooke Lake. You may write your comments in the space below, email planning@chester.ca or phone 902-275- 2599. Date: March 29, 2022 Resident's Name (optional): Home Community: 1//'es Comments: Thank you for your input! Garth Sturtevant From: Ron Renz - Sent: March 30, 2022 7:04 PM To: Garth Sturtevant Subject: #External: Lakeside Zone Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Dear Garth, Thanks for the thorough presentation last evening at the Forties Community Hall. I appreciated your clarity and the documents and map that were provided to help residents understand the impact of a new "Lakeside Zone." I chose not to add to any "confusion" by asking clarifying questions related to what are prohibited commercial uses excepting Home Based Businesses). My reading of the material last night was that the zone regulations do not prohibit forestry processing other than stating setbacks of 20m from high water mark and streams and 5m from property boundaries. I think that I understood Debbie's position on a portable sawmill v.s. a permanent mill, but is this at issue? OR would any milling and other processing activities be prohibited within the Lakeside Zone, because they would be considered a commercial" land use? I see how the zoning could impact her lands due to the shape of Sherbrooke and Gully Lakes. Is my understanding correct? I hadn't known that there was any regular on -site milling occuring around the lake. (1 thought that there was only logging activity). I support the creation and adoption of the Lakeside Zone and a width of 500m. With the 10m vegetated buffer, I think that generations to come will be grateful that others had the foresight to protect the health of the lake. Thanks again, Ron Renz 135 River Rd. 23 a5 Garth Sturtevant From: Pam Myra (she/her) Sent: July 25, 2022 12:56 PM To: Garth Sturtevant Subject: FW: #External: Re: rezoning of properties around Sherbrooke Lake Are you able to answer Mr. Vandekieft's question/concern? Pam PAM MYRA Municipal Clerk/Director of Human Resources Office: 902-275-4109 Cell: 902-277-1872 Consider the environment. Do you really need to print this email? From: Matt Vandekieft Sent: July 25, 2022 12:52 PM To: Pam Myra (she/her) <pmyra@chester.ca> Subject: #External: Re: rezoning of properties around Sherbrooke Lake This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello Pamela Myra, I received notification in the mail about the potential rezoning. The maps that are included in the mailed package are not consistent with each other and are not clear. I am unable to attend the public hearing, but given the information that was received, I do not support the rezoning. Thanks Matt Vandekieft Garth Sturtevant From: Carol Anne Wien Sent: July 18, 2022 1:26 PM To: Pam Myra (she/her) Cc: Garth Sturtevant; Frederic Wien Subject: External: lakeside zone for Sherbrooke lake This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. I wish to confirm my support for establishing a lakeside zone, as proposed to council, for Sherbrooke Lake where my husband and I own property. It is a beautiful lake in excellent health, and we have every wish to keep it so both for the present and for future generations of human, animal, and plant life. support those who currently have lawns being able to keep them but recognize we all need to be careful of fertilizer entering the lake. Sincerely, Carol Anne Wien Carol Anne Wien, Professor Emerita Faculty of Education York University 11 aT Garth Sturtevant From: Frederic Wien - Sent: July 18, 2022 1:21 PM To: Pam Myra (she/her) Cc: Garth Sturtevant Subject: External: Lakeside zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hi, Pam. Just a note to express my support for the proposed Lakeside Zone. I am at Lot 9, 640 North Fork Road, New Ross. I also plan to attend the Public Hearing. 10 a Let us know your thoughts on the proposed rezoning around Sherbrooke Lake THE .MUNICIPALITY OF CHESTED Whether you agree or disagree with the proposed rezoning, please leave any comments, thoughts or suggestions below. Also, please leave any suggestions or comments on the appropriate depth of the Lakeside Zone for Sherbrooke Lake. You may write your comments in the space below, email planning@chester.ca or phone 902-275- 2599. Date: March 29, 2022 Resident's Name (optional): SP(i- ("VLE, , L& Home Community: 'Ik i-GSt Comments: W OtA i 1 t C.JTl l J P ii(1 C LL a m 5 G I LL i A,r t 4e Thank you for your input! Garth Sturtevant From: Sally Yardley Sent: March 30, 2022 5:48 PM To: Planning Subject: #External: Lakeside Zone, Sherbrooke Lake Attachments: Lakeside Zone comments.pdf Follow Up Flag: Follow up Flag Status: Completed This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Good afternoon, Attached please find our comments, arising from the public meeting last night at the Forties Community Centre. Thank you. Sally Yardley O Y L d s 9 c6 Lu vi EWA C cl 0 G* Apo VIM` It jF ILlosILSpruceq. ti+ # 1 T4 iiiii . $ RON Garth Sturtevant From: Sally Yardley Sent: July 25, 2022 1:29 PM To: Garth Sturtevant; Tina Connors; Pam Myra (she/her) Subject: #External: Supporting Lakeside Zone This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. To whom it may concern, As full-time residents in the Sherbrooke Forest development and property owners in the municipality of Chester, we wish to express our support for the new Lakeside Zone. We feel privileged to be stewards of this beautiful spot, and believe that the Lakeside Zone is a significant step towards protecting the health of Sherbrooke Lake. Sincerely, Sally Yardley and Richard Kropf