Loading...
HomeMy Public PortalAbout2022-11-10_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 a portion of PID 60422888 from Settlement Residential Two Zone to Mixed Use Zone. 10 November 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. Summary of Advertisements and Meetings related to the draft amendments d. Recommendations i. Draft Amendments 4. PRESENTATION BY DEVELOPER a. Larry Swinamer and James Boudreau on behalf of Larex Management Ltd. 5. COMMENTS BY THE PUBLIC ON THE PROPOSAL a. In Favour b. Opposed c. Any other comments 6. CLOSING REMARKS (CHAIR) 7. DECISION OF COUNCIL / DEFERMENT OF DECISION MUNICIPALITY OF THE DISTRICT OF CHESTER PUBLIC HEARING REPORT REPORT TO: Municipal Council SUBMITTED BY: Garth Sturtevant, Senior Planner DATE: November 10, 2022 SUBJECT: 2022-402 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council conduct First Reading of the intent to amend the Municipal Land Use By-Law to rezone a portion of PID 60422888 from Settlement Residential Two (SR2) Zone to Mixed Use (MU) Zone and conduct a public hearing. ALL IN FAVOUR. MOTION CARRIED. DISCUSSION: Discussion was held on the legal grounds of accepting or not accepting a recommendation from a committee and it was confirmed that Council has the option to move forward regardless of the recommendation. Council can still make the decision to move forward; the key is that Council has considered the amendment. ALL IN FAVOUR. MOTION CARRIED. (A) DETAILS OF PROPOSED AMENDMENTS Request from: Application submitted by Larex Management Ltd. to rezone a portion of PID 60422888 from Settlement Residential Two Zone to Mixed Use Zone. Council received the application and request on July 28, 2022 and directed staff to schedule a Public Information Meeting, and prepare a Staff Report for consideration by the Municipal Planning Advisory Committee. Request date: July 28, 2022. Nature of amendments: Be it enacted by the Council of the Municipality of Chester as Follows:  Amend Schedule A of the Municipal Land Use By-law – Zoning Map to reflect the rezoning of PID 60422888, resulting in the entire property being subject to the provisions of the Mixed-Use Zone. Purpose of amendments: The request to rezone a portion of PID 60422888 has been proposed in support of a planned commercial subdivision. The stated intent is to develop 8-12 lots adjacent to Highway 103 to be developed and managed by the Applicant. (B) MEETING DATES  July 28, 2022 – Application and Request for Direction considered by Council  August 31, 2022 – Public Information Meeting (Hubbards Area Lion’s Club)  September 21, 2022 – Municipal Planning Advisory Committee  October 13, 2022 – Council 1st Reading  November 10, 2022 – Public Hearing (C) DOCUMENTATION Reports:  July 28, 2022 – Request for Direction – Request to Rezone PID 60422888  September 21, 2022 – Staff Report – Request to Rezone a Portion of PID 60422888  October 13, 2022 – Staff Report – Updated with MPAC Motion & Public Hearing Dates  November 10, 2022 – Public Hearing Report Advertisements (Progress Bulletin):  August 25, 2022: Notice of Public Information Meeting  September 14, 2022: Notice of Municipal Area Advisory Committee Meeting  October 19, 2022: Notice of Public Hearing (1st Notice)  October 26, 2022: Notice of Public Hearing (2nd Notice)  November 3, 2022: Notice of Public Hearing Other notifications:  August 9, 2022 – Early notice of Land Use By-law Amendment sent electronically to Halifax Regional Municipality  October 13, 2022 – Notice of Public Hearing sent electronically to: o Halifax Regional Municipality  October 19, 2022 – Neighbour Notification Package sent all properties within 30m of the subject property (PID 60422888)  October 13, 2022 – Sign posted at entrance to the site to advise of Public Hearing  Copies of all Progress Bulletin Advertisements posted on Municipal Website and Municipal Office doors  Social Media postings Fees paid: All required fees have been received: $300.00 Application Fee and $500.00 Advertising Deposit (D) WRITTEN SUBMISSIONS RECEIVED 1. Matt Parliament 2. Sarah Haliburton 3. Mike Fairchild 4. Cathy Mellett & 16 additional names 5. Mathias Groza 6. Leigh Gillam 7. Heather Grandy 8. Michelle and Daniel Everson 9. Robert Champagne 10. Cathy Mellett 11. Nancy Mckinnell 12. Stephen Kimber 13. Robert Champagne 14. Richard Elliott 15. Joan Kaizer 16. Allison Lewis 17. Ted Ross 18. Cathy Mellett 19. Richard Elliott 20. Stephen and Colleen Blacker 21. Undated Flyer submitted by Richard Elliott 22. Amber MacLean 23. Ted Ross 24. Richard Elliott 25. Cathy Mellett 26. Bill Doane 27. Stephen Anderson PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: October 13, 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Request to Rezone a portion of PID 60422888 ORIGIN: 2022-327 Date: October 6, 2022 Prepared by: Garth Sturtevant, Senior Planner Date: October 6, 2022 Reviewed by: Dan McDougall, CAO APPLICATION OVERVIEW Applicant: Larex Management Ltd. Zone: Settlement Residential Two Zone & Mixed Use Zone Proposal: Rezone entire parcel to MU Rezoning Required: X Yes _ _ No __ N/A Location: Hubbards, N.S. (PID 60422888) Neighbour Notification: Notice of Public Hearing will be sent to neighbouring property owners within 30m of the subject property RECOMMENDED MOTION Staff are seeking Council approval of the following motions in accordance with the Options section of this report: Motion 1: 1. That Municipal Council direct staff to return to the Municipal Planning Advisory Committee to obtain a new motion, in compliance with Policy p-109, regarding the application to rezone a portion of PID 60422888. Motion 2: 1. That Municipal Council confirm their intent to renew the application to amend the Municipal Land Use By-law to rezone a portion of PID 60422888, thereby renewing the 120 day timeline for publishing first notice of a Public Hearing in accordance with Section 21 (2) of the Municipal Government Act CURRENT SITUATION Larex Management on behalf of 3220572 Nova Scotia Limited and James Boudreau Limited has submitted an application to rezone a portion of PID 60422888 from Settlement Residential Two (SR-2) Zone to Mixed Use (MU) Zone. The lot is currently split-zoned and the request is seeking to have the lot fall completely under the regulations of the Mixed Use Zone. The stated intent of the request is to facilitate a future commercial subdivision and development of highway orientated services potentially including but not limited to gas station, retail outlets, home renovation retailers and others. BACKGROUND Current zoning for properties around Exit 6 was established during the Municipal Plan review which concluded in January 2020 with the adoption of the new Planning Strategy and Land Use By-law. When considering zoning for 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 the Exit 6 area, staff originally proposed the Mixed-Use Zone, however, based on discussions in the community and concerns expressed regarding commercial developments along Highway 3 this approach was altered to include the Settlement Residential Two Zone. This approach has resulted in the current scenario where the subject property is split zoned between the MU and SR-2 Zones (Map 1). The subject property is approximately 30.5 acres in total area. Surrounding land uses include a cluster of residential properties immediately West of the site. Two properties in residential use directly abut the site, with approximately 9 additional properties in residential use near the site or directly across Mill Lake Road No. 1. The Southern property boundary abuts land owned by the Crown to facilitate the expansion work on Highway 103. A future public road access will be constructed south of the site to provide vehicular access. The Eastern boundary includes a small section of waterfrontage on Sawler Lake, with the remainder being bounded by undeveloped, forested land. The North boundary abuts a large undeveloped parcel of land, which includes a small watercourse that flows across the site in the far North-Eastern corner. Staff conducted a site visit on August 16th to photograph the site in its current state and get a feeling for conditions on the ground. The site is currently undeveloped with a mixed forest composition. There is a small pathway crossing the property, but otherwise remains in a natural state. Figure 1 - showing PID 60422888 and surrounding land use 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 As noted above, there is a small watercourse in the Northeast corner of the lot. This watercourse is protected in the Municipal Planning Strategy and Land Use By-law. All development that requires a development permit must be at least 20m from the ordinary high-water mark of the watercourse. Additionally, Sawler Lake is protected by the Lakefront Overlay (Appendix C: Watercourse and Waterbodies Map). This ensures that all new dwelling units and developments other than a small accessory structure, must be setback at least 20m from the ordinary high water mark. There are no known species at risk on or near the subject property (Appendix D: Species at Risk). The site also appears suitable for development in most areas. There are the noted setbacks from watercourses and waterbodies in addition to several areas of steep slopes that would likely need to be avoided or terraformed to create a suitable building site (Appendix E: Slope Map). Nothing found during the site visit or review of existing conditions has caused significant concern for staff regarding the suitability of the site for the proposed use of a commercial subdivision. DISCUSSION The request to rezone a portion of PID 60422888 is generally in keeping with the policies and provisions contained in the Municipal Planning Strategy. Both the Settlement Residential Two and Mixed Use Zones are permitted within the “Settlement Area” Designation of the Municipal Planning Strategy. This allows the rezoning to be completed without need to amend the Municipal Planning Strategy. The Settlement Residential Two Zone has more regulations and controls, particularly in relation to the size of commercial and light industrial developments permitted by right. The SR-2 Zone allows most commercial and light industrial developments up to a maximum 100m2 of floor area by Development Permit or up to 500m2 of floor area by Site Plan Approval. Conversely, the Mixed Use Zone allows most commercial and light industrial uses up to 2000m2 by Development Permit and those greater than 2000m2 require a Development Agreement. The SR-2 Zone requires Site Plan Approval for 3 or more dwelling units on a lot. In the MU Zone, Site Plan Approval is required for 5-11 units on a lot and a Development Agreement is required for 12 or more units on a lot. The SR-2 Zone limits the size and intensity of non-residential land uses, with the intent of primarily supporting residential uses interspersed with complimentary commercial and light industrial uses. Figure 2 - showing existing lot conditions, mixed forest and undeveloped 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 MU Zone was designed to support a wide array of land uses and intensities, with a variety of approval processes determined by the size of the development. The MU Zone was intended to maintain the existing rural development pattern found primarily between Highway 103 and the coastline, while offering basic land use controls for new development to reduce land use conflicts where possible. The MU Zone is most often found around Highway 103 Exits and in areas outside Hamlets and established residential neighbourhoods such as Marvin’s Island, Marriot’s Cove Road and Forest Village Drive. The MU Zone is used as a “fill in” for areas between communities that have expressed a desire for more rigid controls. Access While not required to be contained in the request to rezone, staff understand that the proposed access to the site is to be provided via a new public road (Figure 5). This new road would intersect with Mill Lake Road No. 1 and provide access to the southern property boundary. Mill Lake Road No. 1, Highway 103 and the new road are all under ownership of the Provincial Department of Public Works. All approvals for access points and traffic control issues rest with Public Works. If the development proceeds with subdivision approval to create lots for sale and/or development, a copy of the approval from Public Works would need to be submitted with the subdivision application to indicate there is approved access for each proposed new lot. Figure 4 - showing approximate location of new public road Figure 3 - Showing PID 60422888 with current zoning 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 There is no Municipal sewer or water serving the lot. It is anticipated that the development will be served by a series of on-site septic systems. On-site septic approvals are issued by Nova Scotia Environment. A copy of the approval from NSE must be submitted prior to a subdivision application being approved. Proposed Use and Draft Layout – Commercial Subdivision In the letter of request to rezone the property, the Developer states the intended use of the property is for commercial uses via a planned subdivision. The following images have been provided by the Developer. It should be noted that the design and intended use of the site is subject to change and there is no obligation on behalf of the Developer to undertake the development as shown (figures 5 & 6). The images below show the proposed access road, to be constructed to provide access to the site and continue West, parallel to Highway 103, to provide road access to existing residents of Sawler Lake. This work will be carried out by or in conjunction with the Provincial Department of Public Works. The Developer will be responsible to construct the roadway to serve the new commercial uses within the interior of PID 60422888. The layout of lots and structures on the lot is subject to Municipal Subdivision approval, which includes confirmation Figure 5 - DRAFT access plan (subject to construction and approval by NS Public Works) Figure 6 - Proposed layout of commercial subdivision (subject to Subdivision Approval) 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 from Nova Scotia Environment that an on-site septic system can be designed to serve the lot. Additionally, confirmation from Nova Scotia Public works will be required to confirm access to the new lots from the public roadway. Subject to those approvals, the Developer has provided Figure 6 to show the intended layout and design of the commercial subdivision. PLANNING STRATEGY POLICY ANALYSIS Policy Analysis & Staff Comment: 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 proposed rezoning would change from one Community Character Zone (SR-2) to another zone in the same Character Area (MU). This indicates that the Municipal Planning Strategy views the rezoning as being of lesser impact as no change to the MPS is required. Both zones contain regulations to separate and buffer differing uses and the rezoning is not anticipated to result in new or worsened conflict with existing surrounding uses. It should also be noted that the development could proceed under the current zoning (SR-2), but would be limited in the size of the structure permitted on each lot compared to the MU Zone. Policy V-11 Land use policies and regulations shall reflect each area’s: a) rural or village context; b) existing land uses; c) community character; d) desire for regulation; e) vision. The subject property is split zoned between SR-2 and MU. Properties further inland are zoned MU and those near Highway 103 are zoned SR-2. The request to rezone the entire parcel to MU reflects the vision for the anticipated type of development that would occur near Highway Exits. While there has been some debate on the vision for Exit 6, with some conflicting comments made about reducing commercial uses near the exit, the plan establishes the MU Zone as being appropriate for Highway Exit development. Policy CC-14 A Settlement Area designation shall be created, which shall generally be placed on the more densely-populated areas primarily south of Highway 103 that have experienced modest development pressures. The extent of the Settlement Area shall be identified on the Generalized Future Land Use Map. Both the SR-2 Zone and the MU Zone occur and are permitted within the Settlement Area. Rezoning from SR-2 to MU keeps the designation the same and therefore no amendment is required to the Municipal Planning Strategy. Policy CC-15 The intent of the Settlement Area designation is to: a) permit a mix of uses that can foster cohesive development of moderate density; b) provide a varying level of regulation which recognizes the diversity of the different development patterns within the Settlement Area; The proposed development relates directly to Policy CC-15. The SR-2 Zone is similar to the MU Zone, but contains smaller permitted commercial developments. Both zones allow Commercial, Residential and Light Industrial uses, in acknowledging the longstanding approach to mixed use development in the Municipality. The request to rezone states that the intended use of the site is to subdivide and create a commercial development virtually adjacent Highway 103. 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 c) prepare for development, especially near major highways; d) encourage development compatible with the Area’s character; e) ensure that commercial and light industrial development is well- designed and does not create highway strip development; f) safeguard the natural environment, especially water quality. The MU Zone contains yard setbacks and other requirements that are designed to ensure the development is acceptable to the community and is in keeping with the Municipal Planning Strategy. The draft site plan (Figure 6) from the developer appears to show intent to create an easily accessible commercial development that maintains setbacks, space between structures and appears to exceed requirements on buffering from neighbouring uses. Existing protections, including the Lakefront Overlay and Watercourses, Water Bodies and Wetlands, in the Land Use By- law provide protection to Sawler Lake and Mill Brook. Policy CC-24 Within the Mixed-Use Zone, it shall be the intent of Council to: a) allow a range of residential, commercial, institutional and light industrial uses; b) provide modest setbacks for certain rural uses, commercial and light industrial uses and forestry processing; prohibit heavy industrial uses and fur farming. The proposed use would see development of a commercial subdivision in keeping with policy CC-24. Additionally, the development will adhere to the setback requirements of the MU Zone to create separation from any nearby properties not in commercial use. Policy CC-25 In the Mixed-Use Zone, a development permit shall be required for: a) low density residential developments; b) small commercial, institutional and light industrial developments; c) forestry processing; d) small campgrounds, RV Parks and tourist accommodations. The proposed development is expected to occur through subdivision of the lands and the issuance of development permits for each structure. The proposal does not envision commercial development at a scale that would require a Development Agreement, per the regulations of the Mixed-Use 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 | 8 Policy A-32 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) The proposed rezoning of a portion of PID 60422888 from Settlement Residential Two to the Mixed Use Zone is in keeping with the policies and intent of the Municipal Planning Strategy. b) The proposal appears to conform with all Municipal By- laws. c) The required Public Participation Program, detailed in MPS Policy A-3 will be followed. To date this includes holding a Public Information Meeting in the community. Future steps include signage posted on the property, a mail out to property owners within 30m of the property and a duly advertised Public Hearing before Council votes on the proposal. d) The proposal to create a commercial subdivision aimed at serving local residents and the travelling public is in keeping with policy provisions and could result in substantial commercial growth around Exit 6. This has positive tax implications and also will serve to attract residents to the area by providing convenient amenities and services. Policy A-33 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. If the rezoning proposal is approved, the entirety of PID 60422888 may be developed subject to the Mixed Use Zone regulations contained in the Municipal 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 | 9 Policy A-34 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. a) This report contains a map showing the extent of the property. b) The proposal is seeking approval to rezone PID 60422888, no approval to develop or construct structures is being sought at this time. It is anticipated that the planned development will be facilitated through a future subdivision into smaller lots and then issuance of development permits for as-of-right development. The Application form states 10-12 lots are desired with 8+ buildings. A draft layout has been provided and is shown in Figure 6. c) There are no municipal services in the vicinity of the site. The site will be served by on-site water and septic systems with approvals issued by Nova Scotia Environment. Copies of these approvals would be submitted to support the application to subdivide the lot. d) Not applicable. The application to rezone does not include detailed site design. This work is anticipated to occur following rezoning at the subdivision and permitting stage. e) Not applicable. The application to rezone does not include detailed site design. This work is anticipated to occur following rezoning at the permitting stage. f) Not applicable. There are no architectural controls for as-of-right development in either the SR-2 or MU Zones. g) To date there have been no additional studies or information requested by staff. The request letter (Appendix A) and Figures 5 & 6 (supplied by the Developer) provided sufficient information to complete the staff report and policy analysis. 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 A-35 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; 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 a) The proposed use of the site for highway oriented commercial uses is permitted within the Mixed Use Zone. These uses are also permitted in the Settlement Residential Two Zone, however, size limits apply and a Development Agreement is required for larger commercial developments. Both zones are within the Settlement Character Area, with the proposed change representing a slight relaxation in regulations. b) The proposed commercial subdivision is not anticipated to impact the undeveloped lots on the North, East and Southern boundaries. There are a cluster of properties in residential use to the West of the site. The SR-2 and MU Zone both permit a mix of residential and commercial/light industrial uses. Setbacks within the zone and the requirement that very large developments adhere to a Development Agreement process are intended to ensure that potential land use conflicts are minimized or avoided. Based on the draft lot layout plan (Figure 6) and given setbacks required in the MU Zone are designed to provide buffering between any new development and existing residential properties, no compatibility issues are anticipated. c) Similar to b) above, once the property is rezoned all development would need to comply with all provisions of the Land Use By-law. The types of uses permitted in the SR-2 Zone and MU Zone are very similar, therefore, the rezoning is not expected to create or worsen conflicts between uses as the development could occur on the lot with existing zoning and reduced building footprints. Additionally, more than half the lot is already zoned MU meaning the development as envisioned can proceed on that portion of the lot. d) There are no municipal services in the vicinity of the site. The site will be served by on-site water and septic systems with approvals issued by Nova Scotia Environment. Copies of these approvals would be submitted to support the application to subdivide the lot. e) Not applicable. No municipal infrastructure exists or is available to the subject property. f) Not applicable. No known heritage or archeological sites are near the subject property. g) Not applicable. h) Not applicable. i) As discussed in this report, access to the site will be provided by public roads owned and maintained by the Province. A new public road is anticipated to be constructed to provide access to the Southern property 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 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. boundary and intersecting Mill Lake Road No. 1. If new roads are created within the subject property, those would be private or designed and built to the Municipal standard if intended to be turned over to the Municipality. The process to turn over a road to the Municipality is usually negotiated during Subdivision approval and would require that the road be designed and constructed in accordance with the Municipal Specifications. j) As shown on Appendix E, there are some areas of the sight with steep slopes. These should be mitigated or avoided to prevent erosion during development of the site. There is a small watercourse which intersects the Northeastern portion of the lot. All uses that require a Development Permit must remain 20m from the watercourse. Additionally, no new dwellings are permitted within 20m of Sawler Lake as per the regulations of the Lakefront Overlay contained in the Municipal Land Use By-law. k) Not applicable. The rezoning does not involve development of the site. This will all occur following the rezoning through subdivision approval and application for development permits. During this time all standard provisions of the Land Use By-law will apply. In addition other levels of government, including Provincial Nova Scotia Environment have regulations and authority relating to pollution and erosion during construction activities. l) Not applicable. There are no known previous uses of the site. Aerial photography and records reviewed in preparing this report would indicate the site has been undeveloped for a substantial period if it has ever been developed. m) As noted above, Appendix E shows the existing slopes on the site. Watercourses and waterbodies are protected by the Lakefront Overlay and Wetlands, Waterbodies and Watercourses provisions of the Municipal Land Use By-law, including setbacks from the high water mark. There are no know issues with geology, bedrock conditions or soil. n) No issue anticipated. With the development proposed to be served by public roads, there are no concerns from staff in terms of emergency response. o) Yes, both the SR-2 Zone and MU Zone support a wide variety of commercial uses. The MU Zone specifically supports larger commercial uses by development permit. 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 p) No costs to the Municipality are anticipated as a result of the rezoning. Future subdivision and commercial development at the site may be accompanied by a request that the Municipality take ownership of the new road serving the commercial development. This would require negotiation with Council, likely at the time of Subdivision approval. By voting to approve or reject this rezoning proposal, Council is making no indication and is under no obligations to take over any newly created roads. Those negotiations would follow the rezoning and will constitute a separate process. The estimated maintenance costs for the road are not possible to calculate at this time without additional details and design work is completed. PUBLIC INFORMATION MEETING A Public Information Meeting was held on Thursday September 8, 2022. The meeting was held at the Hubbards Area Lion’s Club, beginning at 6:30pm. Approximately 65 members of the public attended the meeting. Staff recorded notes from the meeting and a complete record is attached as Appendix F. MUNICIPAL PLANNING ADVISORY COMMITTEE MEETING A meeting of the Municipal Planning Advisory Committee (MPAC) was held on Wednesday September 21, 2022 beginning at 6:00pm in Municipal Council Chambers. Staff presented a report to the Committee and several members of the public requested time to address the committee. Following discussion, the Committee passed* the following motion (*See Consideration of the MPAC Motion Section below): 2021-023 MOVED by Councillor Abdella Assaff, SECONDED by Ross Shatford for the Municipal Planning Advisory Committee recommend that Council approve the request to rezone a portion of PID 60422888 from Settlement Residential Two Zone to the Mixed-Use Zone. MOTION CARRIED A complete record of the meeting (draft minutes), including public comments, submissions and questions is attached to this report as Appendix G. CONSIDERATION OF THE OF MPAC MOTION Following the Municipal Planning Advisory Committee meeting staff have become aware that a previously unrecognized procedural error occurred during voting. The error had the potential to affect the outcome of the vote and as such, deserves attention from Council before proceeding with this file. According to Section 21 (2) of the Municipal Government Act and Policy P-109 Council and Committee Procedural Policy, Section 10.4, the Chair of a Committee of Council is expected to vote on the matter being considered. This runs counter to past practice for the Village Planning Advisory Committee, Municipal Planning 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 Advisory Committee and most if not all other Municipal Committees, where the Chair would only vote to break a tie. As such, the Vice Chair of MPAC, acting as Chair for the September 21st meeting was not aware that he should participate in the vote. As the result of the vote was 4 in favour with 3 opposed, the Chair’s vote may have caused a tie, meaning the motion would have been defeated. This effectively means that Council does not have a motion or recommendation from MPAC that was passed in accordance with Municipal policy. Therefore, staff recommend sending the matter back to a meeting of the Municipal Planning Advisory Committee with the intent of receiving a new motion and recommendation from the Committee in accordance with Council policy. Alternatively, Council may choose to proceed, by recognizing that the role of MPAC is to provide advice to Council on planning matters. Council may consider the recommendation as having been received, regardless of the outcome and is under no obligation to act in keeping with a duly passed recommendation from MPAC. MUNICIPAL GOVERNMENT ACT: 120 DAY TIMELINE FOR LUB AMENDMENTS Related to the above decision on whether a new motion from MPAC should be sought, consideration for MGA Section 210 (6) may be required. This section states that if an application to amend a Land Use By-law, which does not require subsequent amendments to the Municipal Planning Strategy, has surpassed 120 days between the time of a completed application and the first published notice of the Public Hearing, the application shall be deemed refused. The application form and fee were received on June 30, 2022, meaning that the first notice of the Public Hearing would need to be published no later than October 28, 2022. If Council determines they wish to send the file back to MPAC for a new motion, staff also suggest Council pass a motion to confirm the application will surpass the 120 timeline, but that Council deems the application to remain open until a Public Hearing is called and a decision is made. Alternatively, if Council determines they are satisfied with the current motion from MPAC, a date for a Public Hearing may be set and advertisements published prior to the expiration of the 120 day timeline. OPTIONS Staff are seeking direction from Council. If Council is prepared to give 1st reading, staff are requesting a second motion to establish the date for the Public Hearing Motion 1: 1. That Municipal Council direct staff to return to the Municipal Planning Advisory Committee to obtain a new motion, in compliance with Policy p-109 2. That Municipal Council give 1st reading to the draft amendments to rezone a portion of PID 60422888 from the Settlement Residential Two Zone to the Mixed-Use Zone. 3. That Municipal Council reject the request to rezone a portion of PID 60422888. Motion 2: 1. That Municipal Council confirm their intent to renew the application to amend the Municipal Land Use By-law to rezone a portion of PID 60422888, thereby renewing the 120 day timeline for publishing first notice of a Public Hearing in accordance with Section 210 (6) of the Municipal Government Act. 2. That Municipal Council refuse to renew the application, thereby deeming the application refused. 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 3. That Municipal Council set the date for the Public Hearing on this matter (can be no earlier than November 3rd). IMPLICATIONS By-Law/Policy The policy analysis contained in this report outlines the connections and impacts of Municipal Planning Strategy Policy. While the rezoning may support additional Municipal activities and priorities, no direct connection to additional policies or By-laws has been made at this time. Financial/budgetary No costs to the Municipality are anticipated as a result of the request to rezone PID 60422888. The potential for the Municipality to be asked to take ownership of a new road would represent an indirect cost but is not directly tied to the rezoning file. No estimated costs are available as the road is yet to be designed. Environmental None anticipated. The site is in an area without Municipal wastewater service or Municipal streets. Strategic Priorities The request to rezone PID 60422888 will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development  Promote and grow the Municipality’s economic sectors.  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: Governance & Engagement  Ensure municipal bylaw and policy frameworks reflect current and changing needs. Work Program Implications No significant impacts are anticipated. Staff time to follow-though the rezoning process is the only anticipated staff commitment. Has Legal review been completed? Yes. COMMUNICATIONS (INTERNAL/EXTERNAL) Communication to date has followed policy and process of the Municipality.  In compliance with Municipal Planning Strategy A-6 Early Notice to Abutting Municipalities has been sent to Halifax Regional Municipality to allow submission of comments or discussion prior to Council considering the proposal.  The Public Participation Program approved by Council as Municipal Planning Strategy A-3 is being followed, including advertisements for this Committee meeting appearing in Progress Bulletin, being posted to Municipal Office doors, Municipal Website and Municipal Social Media channels. o A Public Information Meeting was advertised and held on September 8, 2022 at the Hubbards Area Lion’s Club 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 ATTACHMENTS Appendix A – Letter of request to rezone PID 60422888 Appendix B – Map showing PID 60422888 rezoned to Mixed Use Zone Appendix C – Map showing watercourses and waterbodies in relation to PID 60422888 Appendix D – Map showing known locations of species at risk in relation to PID 60422888 Appendix E – Slope Map of PID 60422888 Appendix F – Record of comments and questions from Public Information Meeting held September 8, 2022 Appendix G – Draft Minutes (including public comments) of MPAC Meeting held September 21, 2022 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 Appendix A – Letter of request to rezone & Application for Land Use By-law amendment 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 Appendix B - Map of subject property if rezoned to Mixed Use 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 Appendix C – Map showing watercourses and waterbodies in relation to PID 60422888 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 | 19 Appendix D – Map showing known locations of species at risk in relation to PID 60422888 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 | 20 Appendix E – Slope Map of PID 60422888 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 | 21 191 MUNICIPALITY OF THE DISTRICT OF CHESTER Notes of Public Information Meeting of the Held at Hubbards Lions Club On Thursday, September 08, 2022 Senior Planner, Garth Sturtevant opened the meeting at 6:30 pm. PRESENT There were 65 people in attendance. Staff Garth Sturtevant, Senior Planner Chad Haughn, Director of Community Development & Recreation Darlene Scott, Administrative Assistant Erin Lowe, Senior Economic Development Officer Council Councillor Shatford, District 2 Senior Planner, Garth Sturtevant presented the group with a presentation Highlights from the presentation:  A request to rezone a portion of PID 60422888 from SR-2 to MU was submitted by Larex Management on behalf of 3220572 Nova Scotia Limited  The site is intended for a future commercial subdivision servicing Highway 103 and Hubbards residents  The property is approximately 30.5 acres in area  PID 60422888 is currently a split zone, half MU and SR-2  Currently no direct road frontage  Site is undeveloped and consists of mixed forest  Stated agreement with Provincial Dept. of Public Works to provide public road access  Intended access is at the southern boundary from Mill Lake Road No. 1  Site is directly abutted by two properties in residential use, several other residential lots to the West of the site  Rezoning requires an amendment to the Municipal Land Use By-Law-requires no amendments to the Municipal Planning Strategy  Any subdivision of the lot and issuing of permits would follow the rezoning process, which would ensure road access and septic approval Appendix F – Comments and Questions from Public Information Meeting (Sept. 8, 2022) 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 | 22  Both of the zones fall with the same character area in the Planning Strategy. Both fall within the Settlement Character area. It has 4 zones in it and all have a different level of regulations. They are all intended to be at or near highway 103 exits or between 103 and the coast. Policy Consideration: The Senior Planner reviewed several policies from the Municipal Planning Strategy (Policies A-32, A-33, A-34 & A-35) that must be considered whenever an application to amend the Municipal Land Use By- law is made. The Process  Application to Rezone received by Council  Public Information Meeting  Staff Report presented to Planning Advisory Committee (Sept.21, 2022 at 6:00 in Municipal Council Chambers)  Staff Report & PAC Recommendation presented to Council (1st reading)  Public Hearing (property owners within 30m will receive mailed notice)  Council Vote  14 day Appeal Period (any aggrieved party may appeal Council’s decision to the NS Utility and Review Board Following the staff presentation the floor was opened to questions. Staff and/or the Developer would respond depending on the nature of the question: Q. Is the purpose to service Highway 103, if so, what is wrong with the services in Hubbards, Tantallon, Chester as it exists? Why do we need a new development to service Highway 103 A. (DEVELOPER) - The decision arrived from the demand. The tenants will make that decision they will look at the market and if they feel there is sufficient demand, they will make the investment. Q. When you say Commercial subdivision, do you mean Bluewater businesses or housing? commercial retail and not residential? A. (DEVELOPER) - It will not be like Bluewater businesses or housing. It will be commercial and retail businesses. We are not just in the Land development; we are also into Commercial building. We see this as a long-term development. The development would build and own the building and lease them to tenants to keep control over the architecture style and inspiration of this commercial development. Q. Will there be condos? A. (DEVELOPER) - There will be no condo lots, it would not be in our best interest to mix those types of development 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 | 23 Q. Can you list any possible tenants or lease agreements that are in place that you may have? A. (DEVELOPER) - Currently we have no agreements in place Q. Can you do Commercial developments in the SR-2 zone? Am I correct that without rezoning you could build a 500 sq metre structure on a lot and with the rezoning of the property you would be able to build a structure 4 times that size. A. (STAFF) – That is correct. Both zones permit the same type of uses. The difference comes in with the size and approval process of these uses. The rezoning would allow larger development per lot. Comment: You could do the commercial development that suits our community, but you want more with less restrictions. It doesn’t stop the developer from what he wants to do, it is just on a smaller scale. The zone as is controls the size, scale and scope of the project. Two years ago, the community said they wanted those restrictions on that lot and now the developer wants more and wants the restrictions taken off. A. (STAFF) - In 2020 we did bring in a new Municipal Planning Strategy and Land Use By-Law. Originally the area around 103 was proposed to be Mixed Use Zone. What we had heard at that time was the community was looking for a more residential development around the highway exit. The understanding was this request was preliminary around highway 3. The zoning applies around the highway exit as it is shown and through the property requesting to be rezoned. If the requested rezone is approved, properties along Highway 3, who expressed concerns with commercial development, will maintain their current SR-2 Zoning. Q. Can you still develop if the property is not rezoned? We want some size controls, don’t want another Tantallon and Lakewood Drive. A. (STAFF) - That is correct it could still be developed but on a smaller scale. Q. Why should the community want that? A. (STAFF) - That is why we have these policy statements and require us to go through this process. Q. Concerns about the access to the roads as this will increase the traffic, will there be extra lanes? Will there be parking along the roads as there is a blind spot and a bit of a hill. A. (STAFF) - All the roads in the area and Mill Lake Road 1 are owned by the province- the provincial Department of Public Works. They will be giving the approval for the access points and when they get to the process of subdividing a lot that will all need approval from Department of Public Works, and they will look at how much traffic there will be and the turning radius and site stopping distances. They are the responsible body, and I can only assume if 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 | 24 demand increases to a point that is crosses a threshold, then they would possibly do an upgrade, but that is up to them. Comment: When the meetings for the Plan Review were held it was a little disappointing on the amount of interest there was from the community. The zoning was designed similar to look like the Tantallon strip mall. The SR-2 zoned was requested. Along Highway 3 that was the intent at that time so in order to prevent it from happening the zoning giving to that area was SR-2. That took in a bigger area than realized. It included turning off the highway onto the number 3 coming into Hubbards. Q. When you walk along the path before it was purchased you could see a lot of wildlife, birds, various types of mosses and large trees. Will the public have access to a conservatist report of some sort or information around the work that has been done to ensure conservation affords and whether or not that will be part of the planning process? What amount of forest will be preserved or will it be clear cut? Is there going to be some consideration for the wildlife and bird population? A. (STAFF) - Both the MU zone and the SR-2 Zone require a development permit, there is nothing in the Land Use By-Law that requires them to submit any environmental studies. There will be regulations of setbacks that will need to be adhered to. If a site plan or development agreement was required these types of studies would be required. (DEVELOPER) - The developer advised before putting in a request to rezone they took a look at the forest for risks. Q. Can this be requested (environmental studies for developments requiring only a development permit) if community feels it is important to them? A. (STAFF) - Not for this project, but you can advocate for changes to the zoning to add those requirements going forward. Q. Can the size of the development be limited by not changing the zone from SR-2 to MU? A. (STAFF) - That is correct. The portion of the lot seeking rezoning would remain SR-2 and be subject to a smaller size commercial development. The portion of the lot currently zoned MU could be developed as planned by the Developer. Q. What type of commercial development do you anticipate for the property? A. (DEVELOPER) - There are no commitments at this time. The initial demand is to service Highway 103. Could be gas, grocery stores, possible medical services etc. Maybe take advantage of the lake and have a business for renting/selling kayaks etc. Q. It seems like a lot of the intent and focus was along the lot adjacent to Mill Lake Road, but with your comments that you made possibly a marina development it sounds like you are 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 | 25 trying to access Sawler Lake. A. (DEVELOPER) - Not suggesting a marina use, but possible kayak rental or sales. There is no focus on the lake area. The commercial subdivision would occur first. Q. If there was a service station, what protection is there for the lake if there should be a leak? A. (DEVELOPER) - The tanks are doubled walled therefore if there was a leak the flow would stay in between the two walls also there would be alarm that would go on to indicate the flow rate was going down. Q. What about water? Have you done a water study? A. (DEVELOPER) - We have drilled holes and there would be sufficient water supply for the development Q. What about sewer? A. (STAFF) – Before approval for subdivision is given, a copy of the approval issued by Nova Scotia Environment will ensure there are adequate on-site septic systems designed for the lots. Q. Who had you approached? A. (DEVELOPER) - Nothing is final therefore we are unable to give out that information. Q. Have you developed any other properties like proposed here? A. (DEVELOPER) - On a smaller scale, some gas stations and convenience stores. Also, several years ago completed the Hydrostone Market redevelopment in Halifax. Q. Who will own the building that are being built? A. (DEVELOPER) - The structures will be owned by the developer and will be leased to tenants Q. Why do you need rezone the SR-2 zone so that it will allow for a highway strip development? A. A Request has been received, as stated previously, the MU Zone allows larger commercial uses to be built by Development Permit compared to the SR-2 zone. Note: All zones allow Commercial uses except for Single Unit Residential Zone. Policy is a goal or intent statement of Council. Council will consider the comments here tonight and will make the final decision on whether to rezone part of 60422888 Q. Do you have any images of what you have done or envisioned? A. (DEVELOPER) - No Q. There is nothing to say that the property won’t be developed with apartments? A. (DEVELOPER) - The focus is to service Highway 103 and surrounding communities 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 | 26 Q. Will there be standards for what is going into the development? A. (DEVELOPER) - The objective layout will be landscaping, trees and architecture. Q. In respect to architecture control when it comes to a Tim Horton’s, MacDonald’s, Irving etc. they all have a certain look; how will you control it? A. (DEVELOPER) - There is flexibility in the architecture in some detailing and building design features on the exterior. Q. Do you plan to secure tenants before you build or will there be empty buildings A. (DEVELOPER) - If we did a multi tenancy for small local business once a certain lease up point is reached of businesses, construction will start. Q. Will you lease to other business that are similar to what is already in the community? A. (DEVELOPER) - The intension is not to hurt other businesses in the area or create internal competition within the development. Q. When a commercial development such as what you are proposing comes to the area, do you give back to the community? A. (DEVELOPER) - We have interest into contributing to the community. There is a certain percentage put aside for small initiatives in the community. Q. There is not a lot of information on where the highway will be coming out. Is there information that we can obtain. A. (STAFF) - Information can be found on the province’s website regarding the highway Q. What is the timeline for breaking ground? A. (DEVELOPER) - When the twining of the highway is done. First tenant in 2023 Q. Who does the taxes get paid to? A. (STAFF) - The Municipality of Chester will receive the taxes Q. Will they be working at night? Hopefully there will be nothing happening between the hours of 10:00pm and 7:00am. A. (DEVELOPER) - There would be no working between those hours. Q. Will there be a buffer between the current property owners and the construction? A. (DEVELOPER) - The developer advised there would be a buffer left. (STAFF) – at minimum, the MU Zone requires a buffer of 5m from all property lines. 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 | 27 (DEVELOPER) - Note: To get access to the cottages beyond Sawler Lake they will build the Sawler Lake Road. Mill Lake Road will come up and T into Sawler Lake Road and will come into the development that way and Sawler Lake Road residences will continue down Sawler Lake Road. The access road will be the service road. There was a traffic study and that dictates what would need to be upgraded. Q. With the traffic study what was the volume of traffic? A. (DEVELOPER) - Would have to look up the information. The hope is to upgrade the Mill Lake Road, there will be no extra lanes. Comment: The development is welcomed as it means more jobs, but I have concern what the development will do to the down town core. 21 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of the MUNICIPAL PLANNING ADVISORY COMMITTEE On Wednesday, September 21, 2022 The meeting was called to order at 6:04 P.M by the Vice Chair. PRESENT Members: Lee Harnish, Vice Chair Councillor Sharon Church Dennis Wood Hugh Harper Carol Nauss Abdella Assaff Margeson Reeves Ross Shatford Staff: Garth Sturtevant, Senior Planner Chad Haughn, Director of Community Development and Recreation Darlene Scott, Administrative Assistant Regrets: Leslie Taylor Absent: Leslie Taylor Hassan Hammond, Chair Gallery: 11 persons 2. MINUTES OF PREVIOUS MEETING: 2.1 Approval of Minutes dated June 15, 2022 2021-023 MOVED by Carol Nauss, SECONDED by Ross Shatford to accept the minutes from June 15th, 2022 as presented. MOTION CARRIED 3. CORRESPONDENCE: 3.1 Email received from Cathy Mellett (with stated support from 16 other names) dated September 11, 2022, requesting MPAC delay meeting to consider the request to rezone a portion of PID 60422888 from SR-2 to MU. Appendix G – Comments and Questions from MPAC Meeting (Sept. 21, 2022) Municipal Planning Advisory Committee (continued) September 21st , 2022 Senior Planner read the email received by Ms. Mellett with the Municipal Clerks response following: Subject: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards Good Afternoon, Ms. Mellett. Thank-you for your letter and input requesting delay of the Municipal Planning Advisory Committee. We understand from your letter that you attended the Public Information Session held by staff on September 8th. The Senior Planner, Garth Sturtevant shared the process that we follow for these meetings. The Municipal Planning Advisory Committee (PAC) is not a decision-making body. They provide advice to Council regarding applications for Planning Amendments - including rezoning. Their recommendation goes to Council for a final decision. Council is required to hold a mandatory public hearing if they wish to proceed with approval of a rezoning. Once PAC hears the application (and their decision and recommendations are based on the proposal’s alignment with our Municipal Planning Strategy), it will be sent to Council for their consideration. Our next Council meeting will not be until September 29, 2022. If Council were to give notice of their intention to approve the rezoning, they would then need to set a date for the public hearing which requires at least 14 clear days (and in this case 21 clear days notice) to the public. It is unlikely that a public hearing would be held before the middle to end of October. We understand that you would like a chance to engage and share your thoughts on this proposal. The public hearing is the chance for the public to do this. A letter can also be submitted to Council or the PAC. However, at this time, PAC, nor Council, can change the Municipal Planning Strategy to put in additional requirements for this application. As the application has already been received, Council and PAC must consider the existing policies and tools that are in place. Your letter and this response will be included in the agenda package for the Planning Advisory Committee. At this time, we confirm the existing meeting date will be maintained. Pam PAM MYRA Municipal Clerk/Director of Human Resources Office: 902-275-4109 Cell: 902-277-1872 Municipal Planning Advisory Committee (continued) September 21st , 2022 From: CATHY MELLETT Sent: September 11, 2022 9:58 PM Subject: Subject: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards By way of this email, the undersigned residents of the affected area formally request a one- month delay in the PAC meeting to consider the request to rezone this lot from Settlement Residential 2 zone to Mixed Use (MU) zone. We understand that the proposed date for the PAC to consider this matter is September 21, 2022, with the staff report available sometime this coming week. We understand that there are legislative requirements that must be met in considering any application for rezoning, to afford applicants fairness and avoid undue delay. Any request for an amendment to the Land Use By-law which has not reached a Public Hearing within 120 days of application is deemed refused under Section 210(6) of the Municipal Government Act. This opens up an appeal mechanism for the applicant. More than 60 residents attended the Public Information Meeting (PIM) this past Thursday, September 8th, and there were many unanswered questions from the meeting regarding this application for rezoning and what could then potentially be developed on the property if the rezoning were approved. The applicant’s interest is commercial. But as residents, we will have to live with the impact of this significant recommendation by the PAC and decision by the Council. We are also entitled to fairness in this process. We understand that the rezoning is contingent on alignment with the policies of the Municipal Planning Strategy (MPS) and related maps and bylaws. Any informed discussion must take the MPS and related documents into consideration. As you know, the MPS and related documents are quite complex and require time to understand. It also takes time – and significantly more information than has been provided publicly to date – to assess the impact of the applicant’s proposed rezoning and the commercial development that they have stated will then follow. It is our intention to provide a written document for consideration of the PAC that includes an analysis of what we consider to be the relevant policies of the MPS and zoning bylaws, as well as implications of the proposed rezoning. A few days is not sufficient to do this work as volunteers, or to secure the necessary independent planning advice required. We also plan to present, for consideration by the PAC and Council, alternative planning tools (some of which may require amendments to the MPS) which should be considered in addressing the many concerns presented by the community at the PIM a few days ago. As the PAC knows, once rezoning grants the owner development rights, it is difficult to reverse that process and the developer’s private interests increasingly take precedence over other public interests, despite those interests being significantly affected. The decision to rezone is a very important step in Municipal Planning Advisory Committee (continued) September 21st , 2022 this process and should therefore not be taken without allowing adequate time for meaningful engagement by the members of the public who are most affected. In summary, as residents of District 2, we are formally requesting a 30-day postponement of any consideration by the PAC of this application, to let us review the MPS and related documents, seek other planning advice about this matter, and prepare a written submission, first to the PAC and then Council. The PAC's recommendation is considered carefully by Council. The PAC not having the ability to receive our submission could be prejudicial to your recommendation and ultimately Council’s decision, and it raises questions of procedural and substantive fairness. Not all of us are familiar with the usual timelines from PIM to PAC meeting in the Municipality of Chester, but based on the previous, extensive experience that some of us have with Halifax Regional Municipality and input from some experts we have consulted who have experience with other municipal governments, this timeline seems very fast. This delay is requested in the interest of fairness to the community and landholders, and it need not jeopardize the 120-day requirement under the Municipal Government Act. Cathy Mellett, Mill Lake Road West, Hubbards Nancy McKinnell, Mill Lake Road West, Hubbards Richard Elliott, Mill Lake Road No. 1, Hubbards Robert Champagne, Mill Lake Road No. 1, Hubbards Stephen Blacker, Hardwood Lane, Hubbards Colleen Blacker, Hardwood Lane, Hubbards Pat Lawrence, Mill Lake No. 1, Hubbards Ted Ross, Mill Lake Road No. 1, Hubbards Roland Lewis, Hardwood Lane, Hubbards Sandra Lewis, Hardwood Lane, Hubbards Alison Lewis, Mill Lake Road West, Hubbards Robert Schwartz, Mill Brook Lane, Hubbards Tina Schwartz, Mill Brook Lane, Hubbards Peter Lewis, Mill Lake Road West, Hubbards Liane Johnson, Mill Lake Road West, Hubbards Michelle Everson, Mill Lake Water Access, Hubbards Dan Everson, Mill Lake Water Access, Hubbards 2021-023 MOVED by Councillor Sharon Church, SECONDED by Ross Shatford that the Municipal Planning Advisory Committee received the email from Cathy Mellett as information. MOTION CARRIED 4. BUSINESS ARISING: 4.1 None 5. NEW BUSINESS: Municipal Planning Advisory Committee (continued) September 21st , 2022 5.1 Consideration of a staff report and Municipal Land Use By-Law Zoning Map Amendment to rezone a portion of PID 60422888 from Settlement Residential Two to Mixed Use Zone. Senior Planner, Garth Sturtevant presented the committee with a staff report. Highlights from the presentation: 1. Staff is recommending that the Municipal Planning Advisory Committee recommended that Council approve the request to rezone a portion of PID 60422888 from Settlement Residential Two Zone to Mixed-Use Zone. Current Situation  A request to rezone a portion of PID 60422888 from SR-2 to MU was submitted by Larex Management on behalf of 3220572 Nova Scotia Limited  PID 60422888 is currently a split zone, half MU and SR-2  The site is intended for a future commercial subdivision servicing Highway 103 and Hubbards residents Background  Current zoning for properties around Exist 6 was established during the Municipal Plan Review, staff original proposed the Mixed Use based on discussions in the community and concerns expressed regarding commercial development along Highway 3 this approach was altered to include the Settlement Residential Two Zone. This approach has resulted in the current scenario where the subject property is split zoned between the MU and SR-2 Zone.  The property is approximately 30.5 acres in area  The site is directly abutted by two properties in residential use, several other residential lots to the West of the site  The Southern property boundary abuts land owned by the Crown to facilitate the expansion work of Highway 103  Intended access is at the southern boundary from Mill Lake Road No. 1  The Eastern boundary includes a small section of waterfrontage on Sawler Lake  The North boundary abuts a large undeveloped parcel of land, which includes a small watercourse that flows across the site in the far North-Eastern corner.  All development that requires a development permit must be at least 20m from the ordinary high-water mark of the watercourse.  Sawler Lake is protected by the Lakefront Overlay  There are no known species at risk on or near the subject property.  There are noted setbacks from watercourses and waterbodies in addition to several areas of steep slopes that would likely need to be avoided or terraformed Municipal Planning Advisory Committee (continued) September 21st , 2022 Discussion  Both the SR-2 and MU Zones are permitted within the “Settlement Area”  The rezoning can be completed without amending the MPS  The SR-2 Zone allows most commercial and light industrial development up to a maximum 100m2 of floor area by Development Permit or up to 500m2 with a Site Plan Approval  The MU Zone allows most commercial and light industrial use up to 2000m2 by Development Permit and those greater than 2000m2 require a Development Agreement  Site Plan Approval is required for 3 or more dwelling units per lot in the SR-2 Zone.  Site Plan Approval is required for 5-11 units on a lot and a Development Agreement is required for 12 or more units.  The SR-2 Zone limits the size and intensity of non-residential land uses, with the intent of primarily supporting residential uses interspersed with complimentary commercial and light industrial uses.  The MU Zone was intended to maintain the existing rural development pattern found primarily between Highway 103 and the coastline, while offering basic land use controls Access  Currently there is no direct road frontage  Stated agreement with Provincial Dept. of Public Works to provide public road access  New road will intersect with Mille Lake Road No.1 and provide access to the southern property boundary  All approvals for access points and traffic control issues rest with Public Works  Any subdivision of the lot and issuing of permits would follow the rezoning process, which would ensure road access and septic approval Proposed Use and Draft Layout-Commercial Subdivision  The Developer states the intended use of the property is for commercial uses via a planned subdivision.  The proposed access road, to be constructed to provide access to the site and continue West, parallel to Highway 103, to provide road access to existing residents of Sawler Lake. The work will be carried out by or in conjunction with the Provincial Department of Public Works.  Developer will be responsible to construct the roadway to serve the new commercial uses  The layout of lots and structures on the lot is subject to Municipal Subdivision approval, which includes confirmation from Nova Scotia Environment which confirms that an on- site septic system can be designed to serve the lot. It will also require confirmation from Nova Scotia Public Works that there is access to the new lots from the public roadway Municipal Planning Advisory Committee (continued) September 21st , 2022 The Senior Planner outlined the relevant polices in the staff report. The Senior Planner reviewed Policy CC-15, Policy A-32 and Policy A-35. Policy CC-15 is talking about the Settlement Area Policy CC-15 The intent of the Settlement Area designation is to: a) permit a mix of uses that can foster cohesive development of moderate density; b) provide a varying level of regulation which recognizes the diversity of the different development patterns within the Settlement Area; c) prepare for development, especially near major highways; d) encourage development compatible with the Area’s character; e) ensure that commercial and light industrial development is well- designed and does not create a highway strip development; f) safeguard the natural environment, especially water quality. Staff Comments: The SR-2 Zone is similar to the MU Zone have similar permitted uses, but the size difference. Both zones allow Commercial, Residential and Light Industrial uses. The request states it is a Commercial development that is aimed to service Highway 103 and Hubbards. The MU Zone contains yard setbacks and other requirements that are designed to ensure the development is acceptable to the community and is in keeping with the Municipal Planning Strategy. The draft site plan from the developer appears to show intent to create an easily accessible commercial development that maintains setbacks, space between structures and appears to exceed requirements on buffering from neighbouring uses. Existing protections, including the Lakefront Overlay and Watercourses, Water Bodies and Wetlands, in the Land Use By- law provide protection to Sawler Lake and Mill Brook. Policy A-32 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. Staff Comments: Municipal Planning Advisory Committee (continued) September 21st , 2022 The amendment does conform to the policies in the Municipal Planning Strategy and there is no concern with any other Municipal By-Law. The Public Participation Program, which is detailed in the Municipal Planning Strategy is being followed. Policy A-35 (c) Potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise Staff Comments: Policies are subjective, one person might think it meets and another may not. We are task with reviewing of the rezoning not the development. Whatever the proposed use is the development needs to comply with all revisions of the Land Use By-Law based on size and use. The regulations in the Land Use By-Law have been designed to be the appropriate level of regulations in our more rural areas. Comments from the Committee  The SR-2 Zone was meant for Highway 3 to keep large commercial developments from occurring in this area.  The request received from the developer is not unreasonable. If the developer is investing to put up a project, the process should not be difficult for them to do so  This is a one (1) off -split zones on the large property and is not normally found  The back of the property is MU which would allow for the larger development, therefore put the larger development to the back of the property and the smaller development to the front in the SR-2 Zone  Anything that brings development to the area should be welcomed as we need development in the area  Create more jobs  These types are development are better served near a major highway and they are twining the 103  Makes sense to rezone the portion that is SR-2 Zone to MU Zone  By not rezoning you are making it difficult for what the developer wants to do. Questions from Committee: Q. There is the waterfront on Sawler Lake and a small watercourse that goes through that area, what environmental protection is in place if there is a gas station going in? A. There are 2 pieces of regulations currently in affect, there is the lakefront overlay which would require a 20 metre setback for new main building from the ordinary highwater mark. There is also a 20 metre setback from watercourses. The lakefront overlay also has some regulations around hard surfaces -the amount of pavement that can happen in within the overlay area is limited. Municipal Planning Advisory Committee (continued) September 21st , 2022 Q. Is that a drainage ditch in the diagram? Developer: I believe the intent is that it would collect the rainwater and run it through the system and put it back into the land. All the requirements would be regulated through the Department of Environment. Q. Would this be something that would be addressed when the developer is putting the plans together? A. As part of the subdivision approval, it would probably be where the road design would be evaluated. Q. Is there anything in the developer’s proposal that would require a development agreement? A. No, not currently Q. Can a landowner request rezoning on their property? A. They can come to Council and make an application and if Council agrees to it the same process would be followed Q. Isn’t the Gateway Zone suppose to be at the exits? A. The Gateway Zone changed through the Plan Review process. It was originally intended to be at either end of the Hamlet Zone, this was then changed in the case of Exit 6 to a mix of SR-2 and MU Zone at the request of community members. Q. Is there any reason the developer needs to subdivide the land? A. Yes, if you keep it as one lot you are limiting the development potential Comment from Senior Planner: We are under the Municipal Government Act and are obligated for amendments to the Land Use By-Law that Council shall within 120 days advertise the 1st Ad for the public hearing. If we go over those 120 days without the public hearing being advertised technically the application is deemed refused by Council or they can extend the deadline. If the application is deemed refused the applicant can then appeal that with the Utility Review Board. 6. ANY OTHER PLANNING MATTERS: 6.1 Call for any other Planning Matters There were no other planning matters. 7. ADJOURNMENT: 7.1 Richard Elliott-concerns with proposed rezoning of PID 60422888 (5 minutes) Richard Elliott presented the committee with a handout- Concerned about Large-Scale Commercial or Industrial Development In Your Neighbourhood? Municipal Planning Advisory Committee (continued) September 21st , 2022 Municipal Planning Advisory Committee (continued) September 21st , 2022 Municipal Planning Advisory Committee (continued) September 21st , 2022 Municipal Planning Advisory Committee (continued) September 21st , 2022 Mr. Elliot stated that the developer has shared very little information on what they are proposing to do with the property that is the size of 23 football fields and is situated between three lakes; Sawler Lake, Mill Lake, and Maple Lake in a residential and cottage community if the rezoning proceeds. Part of the property is zoned Mixed Use which allows the developer to do some significant development. This is not satisfactory to the developer so you are being asked to recommend to Council to rezone the portion of the property that is zoned SR-2 so it can be developed for Commercial and Industrial uses. The developer has indicated in the application it intends to build Highway Commercial services which looks like a gas bar, convenient store, drive through fast food outlet which are all available just 15 minutes away. Four large commercial buildings and parking for more than 400 vehicles. It looks like they are planning to build a complex about 300,000 square feet. The question is not just if this type of development is appropriate it is if rezoning makes sense on a broader level. Rezoning opens the door for a wide range of permitted commercial and industrial uses. This scale of development would be allowed if the property is rezoned to Mixed Use. They would have to subdivide the property into individual lots to allow them to build larger buildings on more lots. Rezoning would allow the total floor plan to be 4 times more with little regulations than the current zoning SR-2. I disagree with the Planners report with respect that this is just a” slight relaxation in regulations”. I don’t think this is a fair clarification, there is significant differences between the SR-2 to MU Zone. They can already undertake significant development on the part of the property that is already zoned Mixed Use. The rezoning also affects what uses are permitted. Rezoning from SR-2 to Mixed Use would open the door to additional uses such as large campgrounds/RV parks, recycling depots, salvage yards etc. That is one important difference in the uses that you would be opening the door to. If you rezone there would be less Municipal control. The question is whether Council should grant the request. Just because you can do something doesn’t mean that you should. It doesn’t mean it is a good idea and as I have outlined there are good reasons not to rezone in this case. We also have to think about the relevant policy directions that are in the Municipal Planning Strategy. Several of the policies that are in the Planners report are relevant, but there are some others in the planning strategy that I would submit that is also relevant. Policy V-7 Both these objections implicated by the proposed rezoning and the development would be enabled including what is being proposed by the developer. Municipal Planning Advisory Committee (continued) September 21st , 2022 Policy V-10 The Planners report states that the rezoning is not anticipating resulting in a new or worsen conflict with the existing surrounding uses. Giving the state of intension from the developer if the rezoning would allow it. It is troubling that the report does not address the incompatibility of that large scale commercial development with the existing residential and cottage community into which it would be inserted. Policy V-11 The Planner’s report does not consider the existing land use or the community character. It also incorrectly states that the Municipal Planning Strategy establishes the Mixed Use as being appropriate for Highway exists development. In fact, the proposal that you heard to rezone property along the highway was rejected in the adoption of the current Municipal Planning Strategy because of community concern of development around exit 6. That is why the SR-2 zone that is currently in place was adopted. The zone is more in keeping with the rural context of land uses and community character, all of which policy directs you and Council to consider. Policy CC-15 This policy is directly relevant but again in my submission it is inadequately considered and misapplied. Rezoning to allow a much larger scale commercial or industrial development on a property in excess of 30 acres is not in keeping with the areas character. The policy does indeed say that the intent is to prepare for development especially near major highways. It says the goal is to ensure that commercial and light industrial is well designed and does not create highway strip development, but the request to rezone is specific to rezoning to Mixed Use. This part of the policy should not be ignored. Policy A-35 Requires that any amendment to the Land Use By-Law such as the proposed rezoning must be appropriate with respect to various consideration and these include traffic, vehicle headlights and noise. The developer has refused to share the studies that have been done to the impact of this development on the volume of traffic it expects to draw off the highway into the community. The development would result in a major increase in traffic on Mill Lake Road and the new Sawler Lake access road. This is not just vacant land around exit 6 that is suitable for large commercial highway-oriented development. It is an existing well-developed neighbourhood of rural single-family residences. In line with the MPS begins with support with the existing community character and land use. I along with other concerned residents would respectfully ask you that you recommend to Council that it reject the proposal. You have good reasons to do so and preserving the existing zoning is in keeping with the objectives of the Municipal Planning Strategy. Municipal Planning Advisory Committee (continued) September 21st , 2022 Questions and Comments from the Gallery  Appreciate living there as it is  Opposed to the rezoning, considering the Village of Hubbards has everything, to name a few grocery stores, gas station, doctor office, churches, auto mechanic, liquor store, pharmacy etc.  Concerned about the wildlife  Concerned about the water table, noise, population and traffic  Council and committee should consider the existing character. Consider single family residents-cannot see how putting a paved parking lot for 400 vehicles next to family residents comparable with the character  The Mixed Use Zone allows for larger development- Four (4) larger, which is not compatible with the area and the people who live there  This development is out by the Highway, which only has a couple of residential properties next to it, most would be driving past it to get to their cottages  Don’t want exit 6 to look like the development at exit 5  Once the portion of the property has been changed to a Mixed Use Zone it opens the doors to all sorts of things 2021-023 MOVED by Councillor Abdella Assaff, SECONDED by Ross Shatford for the Municipal Planning Advisory Committee recommend that Council approve the request to rezone a portion of PID 60422888 from Settlement Residential Two Zone to the Mixed- Use Zone. MOTION CARRIED 6. DATE OF NEXT MEETING: The next meeting will be scheduled for Wednesday, October 19th, 2022 at 6:00 P.M (tentative). 7. ADJOURNMENT: 2021-032 MOVED by Sharon Church the meeting adjourn (7:50 p.m.). CARRIED _____________________________________ _____________________________________ Lee Harnish Darlene Scott Vice Chairperson Administrative Assistant The Company The proponent is a privately owned, Halifax based, development company which is controlled and managed by the Larex Group of companies. Larex has been active in the development, ownership and management of retail and commercial properties throughout Nova Scotia since 1985. The Hydrostone – A Noteworthy Project The Larex Group undertook a re-development project in the Young Street block of the Hydrostone district in the city of Halifax. The project, branded as the Hydrostone Market , was acquired in 1992 and Larex undertook a two-year major restoration and re-merchandising of the business mix in the project. The development was the recipient of the 1995 Nova Scotia Heritage Trust - Built Heritage Award. The property continues to be owned and managed by the Larex Group. The Project The subject lands were acquired by Larex in 2007 in anticipation that the eventual twinning of Highway 103, along with the organic growth of the Halifax and surrounding areas, would significantly enhance the sites commercial viability. The 32-acre site will be a mid to long-term master planned development. It is anticipated that initial sitework will be commenced and aligned with the completion of the Highway 103 and the exit ramps work at Exit 6 in Hubbards. Site design and engineering is being conducted through the assistance of local professional firms and will meet all governmental permitting requirements including the Provincial Department of Environment as well as the Department of Infrastructure and Renewal regarding traffic volume and the egress / aggress to the site. It is anticipated the first businesses will be open within 12 months of the highway completion, with the balance of the initial project taking another 60 to 72 months to complete , driven, in large part by the demand in the market. The Larex Group objective is to maintain long-term ownership of the lands; as a result, they will control aspects of the development, including subdividing the lands, construction of the buildings and leasing. This development model will achieve the ownership objectives pertaining to the place making aspects, sense of arrival and reasonable control on the ar chitectural compatibility of the various structures as well as the long-term maintenance and aesthetics of the project structures and lands. The project will create neighbourhood community employment opportunities with the initial phase of the project and is anticipated to generate property tax revenues in the range of $120,000 - $140,000 annually. 3D Render It is our objective to be proud of the project we deliver and to be a long-term member and contributor to the local community. 5531 Young Street, Suite 200 |Halifax, NS | B3K 1Z7 | (P) 902.454.2000 Garth Sturtevant From: Sent: To: Subject: Follow Up Flag: Flag Status: EXTERNAL EMAIL September 8, 2022 5:55 PM Planning Proposed Rezoning of a portion of PID 60422888 Follow up Completed Please do not open attachments or click links from an unknown or suspicious origin. Hello! My name is Matt Parliament. My family (wife, and 6 children ages 0 to 9) are building our new primary family residence on 380 Mt. Marina Road. We expect to move in Jul -23. I've been told that there is potentially an Irving gas station, Sobeys grocery store, Tim Hortons, and other stores being proposed for the Hubbards Exit 6. I assume this is for the portion of PID 60422888; the meeting which I am unable to attend in person. Our family is strongly in favour of it. Hubbards is a growing community with a great brand: world sailing, twinning highway, and proximity to the greater Halifax area. With that growth comes residential and commercial advancement: growing commerce and investment is an overall benefit and must for the community; as is an increasing population size (especially families). Sobeys, Irving, and Tim Hortons are all well known for hiring locally and supporting the local community. For our family in particular, one of the biggest concerns we had was lack of a major grocery chain outlet. Having a Sobeys nearby is an absolute win: it will be great for the community, just as it was for Tantallon some 30 years ago. Thank you, Matt Garth Sturtevant From: Sent: To: Subject: Floyd Shatford September 9, 2022 11:48 AM Sarah Haliburton; Garth Sturtevant Re: Development at exit 6 Thanks for your letter I will forward it to our planning department. Floyd FLOYD SHATFORD Iistric't 2 Office 90'2--857-98',17 Ceik 902-275-78 8 iii Consider the environment. Do you really need to print this email? > On Sep 9, 2022, at 11:40 AM, Sarah Haliburton wrote: > ** EXTERNAL EMAIL ** > Please do not open attachments or click links from an unknown or suspicious origin. > Hello Mr. Shatford, > I have property on Mill Lake and I am writing to express my deep disappointment at the proposal for a development at exit 6. When I saw the land being cleared I was worried. Now that there is talk of a large development with potentially 10 to 12 business lots, it's become a worse case scenario for that area . Part of the charm of Hubbards is the break from these communities where the first thing you see is a collection of fast food joints, dozens of vehicles in busy drive- throughs and transport trucks idling in the parking lot. > This seems like a terrible idea for the area, especially since there several other spots to get all those things along that stretch of highway, that aren't situated so close to residential and cottage areas. > I am adding my voice to those who are vehemently opposed to this project. Please don't let the lure of extra tax revenue take away the natural beauty and respite for so many of your residents. > Sincerely, > Sarah Haliburton Garth Sturtevant From: Floyd Shatford Sent: September 9, 2022 4:40 PM To: Michael Fairchild; Garth Sturtevant Subject: Re: Hubbards Highway Services Development Follow Up Flag: Follow up Flag Status: Completed Thanks for your letter and opinion and I will add it to the file at our planning department as part of the process. Also I am getting positive feedback along with those not so excited about the possibility of growth at the number 6 exit. Thanks Floyd Shatford FLOYD SHATFORD Istr'ict # Pike: 902-857-9817 CeH 902-275-786 L Consider the environment. Do you really need to print this email? > On Sep 9, 2022, at 3:42 PM, Michael Fairchild <fairchild.michael@hotmail.com> wrote: > ** EXTERNAL EMAIL ** > Please do not open attachments or click links from an unknown or suspicious origin. > Hello Mr. Shatford, > I'm a member of the Hubbards community and have been hearing lots of commotion from those here who don't want development at the highway. I wanted to voice my indifference towards the project. I think it'll be good for the Aspotogan Peninsula in the long run even if it changes the community at the same time. FibreOp is coming, the highway is being twinned, business are changing hands, houses are being built while others are being sold. This highway plan just seems like a logical progression of those trends. I know many in the area feel the same as I do, but indifference and approval aren't as potent motivators as fear and anger so I doubt the feedback will represent the feel on the ground accurately. > Anyways, I just wanted to make sure the only messages you receive aren't the ones angry about the development. I don't like change or disruption much more than anyone else, but I recognize the importance of modernization and investment in the community. > Kind regards, > Mike Fairchild > Hubbards, NS Garth Sturtevant From: Pam Myra (she/her) Sent: September 16, 2022 3:51 PM To: CATHYMELLETT; Abdella Assaff; Andre Veinotte; Allen Webber; Derek Wells; Floyd Shatford; Sharon Church; Tina Connors; Planning; Garth Sturtevant; Chad Haughn; Tara Maguire Cc: Subject: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards Good Afternoon, Ms. Mellett. Thank -you for your letter and input requesting delay of the Municipal Planning Advisory Committee. We understand from your letter that you attended the Public Information Session held by staff on September 8th. The Senior Planner, Garth Sturtevant shared the process that we follow for these meetings. The Municipal Planning Advisory Committee (PAC) is not a decision -making body. They provide advice to Council regarding applications for Planning Amendments - including rezoning. Their recommendation goes to Council for a final decision. Council is required to hold a mandatory public hearing if they wish to proceed with approval of a rezoning. Once PAC hears the application (and their decision and recommendations are based on the proposal's alignment with our Municipal Planning Strategy), it will be sent to Council for their consideration. Our next Council meeting will not be until September 29, 2022. If Council were to give notice of their intention to approve the rezoning, they would then need to set a date for the public hearing which requires at least 14 clear days (and in this case 21 clear days notice) to the public. It is unlikely that a public hearing would be held before the middle to end of October. We understand that you would like a chance to engage and share your thoughts on this proposal. The public hearing is the chance for the public to do this. A letter can also be submitted to Council or the PAC. However, at this time, PAC, nor Council, can change the Municipal Planning Strategy to put in additional requirements for this application. As the application has already been received, Council and PAC must consider the existing policies and tools that are in place. Your letter and this response will be included in the agenda package for the Planning Advisory Committee. At this time, we confirm the existing meeting date will be maintained. Pam PAM MYRA nici a Cierk/ irector of u an I esources Office: 02-275-4'109 Celllll, 902-277-18"72 Consider the environment. Do you really need to print this email? From: CATHYMELLE Sent: September 11, 2022 9:58 PM To: Pam Myra (she/her) <pmyra@chester.ca>; Abdella Assaff <aassaff@chester.ca>; Andre Veinotte <aveinotte@chester.ca>; Allen Webber <awebber@chester.ca>; Derek Wells <dwells@chester.ca>; Floyd Shatford <fshatford@chester.ca>; Sharon Church <schurch@chester.ca>; Tina Connors <tconnors@chester.ca>; Planning <planning@chester.ca>; Garth Sturtevant <gsturtevant@chester.ca>; Chad Haughn <chaughn@chester.ca> Subject: Subject: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. Madam Clerk Mr. Hammond, Chair Councillor Harnish, Vice -Chair Councillors Church and Assaf and citizen members of the Municipal Planning Advisory Committee cc: Mr. Garth Sturtevant, Senior Planner; Mr. Chad Haughn, Director of Planning By way of this email, the undersigned residents of the affected area formally request a one -month delay in the PAC meeting to consider the request to rezone this lot from Settlement Residential 2 zone to Mixed Use (MU) zone. We understand that the proposed date for the PAC to consider this matter is September 21, 2022, with the staff report available sometime this coming week. We understand that there are legislative requirements that must be met in considering any application for rezoning, to afford applicants fairness and avoid undue delay. Any request for an amendment to the Land Use By-law which has not reached a Public Hearing within 120 days of application is deemed refused under Section 210(6) of the Municipal Government Act. This opens up an appeal mechanism for the applicant. More than 60 residents attended the Public Information Meeting (PIM) this past Thursday, September 8th, and there were many unanswered questions from the meeting regarding this application for rezoning and what could then potentially be developed on the property if the rezoning were approved. The applicant's interest is 2 commercial. But as residents, we will have to live with the impact of this significant recommendation by the PAC and decision by the Council. We are also entitled to fairness in this process. We understand that the rezoning is contingent on alignment with the policies of the Municipal Planning Strategy (MPS) and related maps and bylaws. Any informed discussion must take the MPS and related documents into consideration. As you know, the MPS and related documents are quite complex and require time to understand. It also takes time — and significantly more information than has been provided publicly to date — to assess the impact of the applicant's proposed rezoning and the commercial development that they have stated will then follow. It is our intention to provide a written document for consideration of the PAC that includes an analysis of what we consider to be the relevant policies of the MPS and zoning bylaws, as well as implications of the proposed rezoning. A few days is not sufficient to do this work as volunteers, or to secure the necessary independent planning advice required. We also plan to present, for consideration by the PAC and Council, alternative planning tools (some of which may require amendments to the MPS) which should be considered in addressing the many concerns presented by the community at the PIM a few days ago. As the PAC knows, once rezoning grants the owner development rights, it is difficult to reverse that process and the developer's private interests increasingly take precedence over other public interests, despite those interests being significantly affected. The decision to rezone is a very important step in this process and should therefore not be taken without allowing adequate time for meaningful engagement by the members of the public who are most affected. In summary, as residents of District 2, we are formally requesting a 30 -day postponement of any consideration by the PAC of this application, to let us review the MPS and related documents, seek other planning advice about this matter, and prepare a written submission, first to the PAC and then Council. The PAC's recommendation is considered carefully by Council. The PAC not having the ability to receive our submission could be prejudicial to your recommendation and ultimately Council's decision, and it raises questions of procedural and substantive fairness. Not all of us are familiar with the usual timelines from PIM to PAC meeting in the Municipality of Chester, but based on the previous, extensive experience that some of us have with Halifax Regional Municipality and input from some experts we have consulted who have experience with other municipal governments, this timeline seems very fast. This delay is requested in the interest of fairness to the community and landholders, and it need not jeopardize the 120 -day requirement under the Municipal Government Act. Cathy Mellett, Mill Lake Road West, Hubbards Nancy McKinnell, Mill Lake Road West, Hubbards Richard Elliott, Mill Lake Road No. 1, Hubbards Robert Champagne, Mill Lake Road No. 1, Hubbards Stephen Blacker, Hardwood Lane, Hubbards Colleen Blacker, Hardwood Lane, Hubbards Pat Lawrence, Mill Lake No. 1, Hubbards 3 Ted Ross, Mill Lake Road No. 1, Hubbards Roland Lewis, Hardwood Lane, Hubbards Sandra Lewis, Hardwood Lane, Hubbards Alison Lewis, Mill Lake Road West, Hubbards Robert Schwartz, Mill Brook Lane, Hubbards Tina Schwartz, Mill Brook Lane, Hubbards Peter Lewis, Mill Lake Road West, Hubbards Liane Johnson, Mill Lake Road West, Hubbards Michelle Everson, Mill Lake Water Access, Hubbards Dan Everson, Mill Lake Water Access, Hubbards 4 Garth Sturtevant From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: EXTERNAL EMAIL** Matt Groza September 12, 2022 1:44 PM Garth Sturtevant Comments on rezoning request - Exit 6 Hubbards Comments Rezoning Exit 6.jpg Follow up Completed Please do not open attachments or click links from an unknown or suspicious origin. Hello Garth, Attached are my comments wrt the rezoning request. Cheers, Mathias GarStu:. rta ity° Dave loprif�<. of Chester Dear Garth, Chi At_ Based i of Planne ghts pp fort :rig al lws for Bs d ot ttr g nc p le goal ft artadt=rF „ ks firf t a� hit ai rbs n r isl a.rt ar rd; d Tiers h has, arcrG rnod rnkzirrc its urr °rst l a s pot n i rl ci€ cation: fin rats ht The d va toperit s indi 1 j l i n rrtaafl°�riifra° n rr a t, ry"P1€7 11 r r f°ar e tGoaarray Kp fsn 1 ,trrt ref r ftrraa=s t r (11 rst ir, the mnll«a1rth�irnb oar 0 unity that than current owners ref tlriu Hradtsf€rrd id it i gar roris to see r r raard tl sr rsdents f i, i ah t arils sd rr r f roodelciizecl energy s zti a s Rai tla corrrrrunity° i, t s sCti o tali rid Garth Sturtevant From: Sent: To: Subject: Follow Up Flag: Flag Status: EXTERNAL EMAIL Leigh Gillam September 14, 2022 2:01 PM Planning proposed rezoning in Hubbards at exit 6 Follow up Completed Please do not open attachments or click links from an unknown or suspicious origin. Dear community members and planners, I live at 198 Mill Lake rd, and what the developers are proposing is right behind my new place as I've just finished building the little grid -tied house recently - only the solar panels left to install. I love architecture; development can be amazing if done sustainably, carefully, respectfully, with beauty. I am a designer, and my new neighbours (who do not live here) were warm to my offers of playful involvement and welcomed me reaching out to them afterward. Though a silver lining can be gleaned, and in staying within a spirit of collaboration with them, I do have deeper, more troubling concerns but am trying to stay curious. I think I am not alone in needing more information to gain trust in what they have in mind, and in order to really believe it is in our best interest. There seemed to be supportive comments at the meeting but also a lack of confidence. I learned that because of the zoning, current and proposed, no environmental /conservation assessment, like an EIR, is required for what they have in mind. Given the river and the way the fish use it for their breeding patterns between the lakes and ocean and given the surrounding area and all it entails, this surprised me. I was told it would take a grass -roots effort to change that, but what could that look like? Can they take it upon themselves to request an Environmental Impact Report? What would it take for the departments that deal with what could be at risk among wetlands, fish, rare birds, other animals (we saw a lynx), mosses and so on, to become involved to help us get a clearer picture about how the development/design could have an impact? I am concerned about the carbon footprint in general, and I am interested in how the proposed project is going to mitigate or offset the damage. What is the market research to show that the development will actually meet the real needs of the community rather than simply profiting off the road work and pandering to traffic? If they can meet community needs, how are these staying in line with averting the worst impacts of climate change and preserving a livable planet since global temperature increase needs to be limited to 1.5°C above pre -industrial levels and emissions need to be reduced by 45% by 2030 and we're aiming to reach net zero by 2050? I learned right here on this lot when all the trees came down that increased wind is no joke and I am wondering if there are big open areas in the design - what could that do to make a runway for wind around here? Beyond this macro level, the location of the proposed road access is concerning for what it could do to jam traffic right at the entrance of my house especially, but for everyone who lives up here as well. What will the development do to the air quality? Am I going to smell fumes instead of the fresh air that brought me here, and what about the noise and the lights? I made an informed decision and accepted the bounds of the hwy work when I purchased the property, but this is much bigger. What happens to the commercial areas already in Hubbards? I hate to be thinking of moving right as I am just finishing up my own hard come design, but I am hoping all this is just simply because I do not have enough information about what is being proposed and am feeling vulnerable. I still hold the spark of inspiration and curiosity for positive potential. If there is a way I can learn more or attend planning, please let me know. I am interested in what is best not just for my own situation, but for the community and beyond. 1 Thank you, and look forward to being kept in the loop, Leigh Gillam 198 Mill Lake rd, Hubbards 2 Garth Sturtevant From: Floyd Shatford Sent: September 17, 2022 8:32 AM To: Garth Sturtevant Subject: Fwd: Hubbards Development Follow Up Flag: Follow up Flag Status: Completed FYI Floyd Shatford FLOYD SHATFORD district #2 Tice: 9®2-857-9817 Cek 902-275-786 786 Consider the environment. Do you really need to print this email? Begin forwarded message: From: Heather Grandy Date: September 17, 2022 at 8:20:24 AM ADT To: Floyd Shatford <fshatford@chester.ca> ** EXTERNAL EMAIL **' Please do not open attachments o click Good Morning Mr. Shatford, inksif or n unknown or suspicious origin. I have been a resident of Mill Lake in Hubbards for the last ten years and a land owner 2 years prior to the that. Since becoming established in the area, we have seen nothing but positive development. The Hubbards Barn and Market have grown, grocery and hardware store have been renovated, new restaurants have opened, roads have been twinned, I could go on but the list is long. What attracted my husband and I to this area many years ago was its quiet cozy town feel which has been maintained throughout all this development. Even though I relish Hubbards quiantness I am in full favour of the development at exit 6 which will bring amenities and jobs to the area. Change is unavoidable and I am confident that development will be an asset to the area. Thank you, Heather Grandy Get Outlook for Android Garth Sturtevant From: Floyd Shatford Sent: September 20, 2022 4:45 PM To: Garth Sturtevant Subject: Fwd: Mill Lake Road development - PAC Meeting Floyd Shatford FLOYD SHATFORD district #2 ffice: 902-857-9817 CeUk 902-275-786 Consider the environment. Do you really need to print this email? Begin forwarded message: From: Michelle Everson Date: September 20, 2022 at 3:44:17 PM ADT To: Abdella Assaff <aassaff@chester.ca>, Andre Veinotte <aveinotte@chester.ca>, Allen Webber <awebber@chester.ca>, Derek Wells <dwells@chester.ca>, Floyd Shatford <fshatford@chester.ca>, Sharon Church <schurch@chester.ca>, Tina Connors <tconnors@chester.ca> Cc: Danny Everson Richard Elliott Subject: Mill Lake Road development - PAC Meeting ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. Councillors I am writing to you today to express my and my husbands concerns with the process that is currently underway in the area of the Mill Lake Road / Highway 103 interchange as I am unable to attend the meeting scheduled for tomorrow evening. While we are all for progress it seems this development is shrouded in controversy as we had not been given any clear picture of what is proposed until a few tax payers started asking questions. Even then we were fortunate to have people who understand the process in order to obtain the information. It seems like the hope was that this would all go ahead "under the table" so to speak. This area should be protected for the sake of the lakes and the animals nearby. All one has to do is look at what happened to Fox Point lake when the golf course was allowed to be built. That alone should cause council pause in giving a developer a green light to do whatever they want. Any development of any scale here in an area where they will have wells and septic is bound to have an impact on the lakes and surrounding areas. Hubbards already has a gas station and a shopping area. Wouldn't it make better sense to approach the current businesses / property owners and encourage them to consider expanding in their current area? Any development along the highway will kill the businesses in Hubbards, and travellers will be less likely to get off the highway to come into the town when they can do their business on the highway and 1 continue on. If the town can support this proposed gas station then it can certainly support an upgraded Irving where the current station already is! 10 minutes (20 KM) down the road is Tantallon which is a pretty large developed area that has all the necessities already. This is also not an issue of job creation. One does not have to look far to see that there are jobs everywhere right now and businesses cannot fill them. Now with regards to the process, the developer claimed at the community meeting that he did not have any images of what he envisioned for this spot and he claimed he did not and that turned out to be untrue. As a council I would have grave concerns about giving free rein to a developer who would mislead on something that basic. I would question his intent and his real vision for the area. If you allow the area to be rezoned you are essentially giving him "carte blanche" to do whatever he wishes within the permitted uses of the by-law. As a council I would think you would look first at what the area already has and consider ways to improve or upgrade what is currently here instead of adding what could potentially be a very large development which will kill the businesses in town. We also do not need a fast food establishment. The restaurants in Hubbards are fantastic places to eat and it would be a shame to take business away from them to give to another franchise. Please reconsider what you are allowing here and don't give away our beautiful town, our beautiful lakes and the peace and tranquility of the area which is why we are here. Believe me, if we had the ability to live here year round we would and it is not for lack of trying. Michelle and Daniel Everson 1052 Mill Lake Road West 2 Garth Sturtevant From: Floyd Shatford Sent: September 19, 2022 3:59 PM To: Garth Sturtevant Subject: Fwd: Rezoning of PID 60422888 - Exit 6 Hwy 103 Attachments: Rezoning PI D60422888.pdf Follow Up Flag: Follow up Flag Status: Completed Floyd Shatford FLOYD SHATFORD district #2 t ice: 902-857-9817 Cek 902-275-786 Consider the environment. Do you really need to print this email? Begin forwarded message: From• Date: September 19, 2022 at 3:19:26 PM ADT To: Andre Veinotte <aveinotte@chester.ca>, Floyd Shatford <fshatford@chester.ca>, Derek Wells <dwells@chester.ca>, Allen Webber <awebber@chester.ca>, Abdella Assaff <aassaff@chester.ca>, Tina Connors <tconnors@chester.ca>, Sharon Church <schurch@chester.ca>, Council <council@chester.ca> Cc: Subject: Rezoning of PID 60422888 - Exit 6 Hwy 103 ** EXTERNAL EMAIL **` Please do not open attachments or click (inks from September 19, 2022 TO: Councillors of the Municipality of Chester, aveinotte@chester.ca fshatford@chester.ca dwells@chester.ca awebber@chester.ca aassaff@chester.ca tconnors@chester.ca schurch@chester.ca council@chester.ca an unknown o suspicious origin. I write as a concerned property owner in the Municipality of Chester about the rezoning application for PID 60422888 at Exit 6 on Highway 103. A developer is asking Council to permit the rezoning of this land, which is presently split zoned, so that the entire parcel will be zoned Mixed Use. My understanding is that if this rezoning proceeds it will allow the developer — whatever his stated current intent — to proceed with virtually any commercial or light industrial development on these lands, with very few restrictions. I am strongly opposed to this rezoning application, for two simple reasons: it is inconsistent with the nature and character of the surrounding community; and it is simply not needed. For more than 20 years now, I have been a property owner on Dauphinees Mill Lake — located just outside of Hubbards. This residential and cottage community is a highly desirable place to both live and visit, for many reasons, but most particularly for its relative peace and quiet. It is located well outside of the urban sprawl that is Halifax/Dartmouth. You can still see the stars at night here. Traffic sounds are low to negligible. You still see wildlife. The area hasn't been overridden with concrete and paved over parking lots. It is not simply an area that people pass through on their way to someplace else. The proposed rezoning of this parcel of land threatens all of this. The developer already possesses rights to do some limited commercial development on his property, given its current zoning (SR -2 and MU). Through this rezoning application he seeks to vastly expand the size and scope of any future development. With rezoning, he says he intends to develop a commercial subdivision and highway -oriented services. He says he intends to subdivide the rezoned property into 10 to 12 commercial development lots. And no matter what the developer says he intends to do, the rezoning of the property allows him to engage in all permitted uses of the land — and that includes larger and taller commercial uses. Any such development will bring with it a significant increase in car and truck traffic on the Exit 6 off ramp and on Mill Lake Road and the new access road being built to Sawler Lake. And what comes with more traffic? Noise and pollution, including nighttime light pollution. In what is otherwise a quiet residential and cottage community, the developer intends to plunk a development aimed primarily at highway commuters. The proposed development is completely at odds with the character of the surrounding area. The development butts up directly against Sawler Lake and is proximate to two other lakes — Maple Lake and Dauphinees Mill Lake. The traffic and noise from the proposed development will directly and negatively affect these quiet lakeside communities and the surrounding area. In making its rezoning decision, Council has to consider whether the benefits of the development exceed the costs, against the backdrop of its land use policy. Is a large highway -oriented development really needed at Exit 6 such as to warrant the related costs to the local community: sprawl, congestion, noise and pollution? I don't think it is. Hubbards already has a gas station and a grocery store in its (underdeveloped) downtown. Only 20 odd kilometres away is the very large commercial development at Tantallon, which has 5 gas stations, several open 24 hours, as well as several food stores and restaurants. Commuters on Highway 103 do not need even more of the kinds of services available in Tantallon a mere 15 minutes away. Rezoning the property to allow the proposed development would simply extend urban sprawl along the highway corridor with no real appreciable benefit. I invite all municipal Councillors to take a trip out to Exit 6 on Highway 103 and see for yourself what is at stake here. Get a sense of the peaceful and quiet nature of the surrounding residential and lakeside area. And imagine how it will be blighted by the proposed development on the rezoned lands. In so doing, I am sure that you will vote against the rezoning application before you. Sincerely, Robert Champagne 2 Dauphinees Mill Lake 3 Garth Sturtevant From: Pam Myra (she/her) Sent: September 19, 2022 11:27 AM To: Council; Garth Sturtevant; Chad Haughn Subject: Response from Cathy Mellet to Email sent September 16, 2022 Attachments: image446219.jpg; image305289.png; image522862.png; image860442.png Follow Up Flag: Follow up Flag Status: Completed Good morning, Below is the response from Ms. Mellett following our email sent out on Friday. Pam From: CJ Mellett Sent: September 16, 2022 5:20 PM To: Pam Myra (she/her) <pmyra@chester.ca> Subject: Re: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards EXTERNAL EMAIL Please do not open attachments or click links from an unknown or suspicious origin. Good afternoon Pam , I am disappointed to hear that this matter is going to proceed to the PAC on September 21st without consideration for the concerns expressed by us as residents and landowners to be allowed time to review the MPS and make a submission to the PAC in regard to the policies and planning options we, as members of the community, feel should be considered. The recommendation of the PAC to Council is a critical step in the process and their recommendation is considered seriously by Council. Unfortunately I am out of the province on a family matter and will not be able to attend the meeting on Sept 21st. I intend to make a written submission. Also, I am requesting a copy of the staff report that has been provided to the PAC, even though it is also a late date to review that report. Cathy Mellett On Fri., Sep. 16, 2022, 11:51 a.m. Pam Myra (she/her), <pmyra@chester.ca> wrote: Good Afternoon, Ms. Mellett. Thank -you for your letter and input requesting delay of the Municipal Planning Advisory Committee. 1 We understand from your letter that you attended the Public Information Session held by staff on September 8th. The Senior Planner, Garth Sturtevant shared the process that we follow for these meetings. The Municipal Planning Advisory Committee (PAC) is not a decision -making body. They provide advice to Council regarding applications for Planning Amendments - including rezoning. Their recommendation goes to Council for a final decision. Council is required to hold a mandatory public hearing if they wish to proceed with approval of a rezoning. Once PAC hears the application (and their decision and recommendations are based on the proposal's alignment with our Municipal Planning Strategy), it will be sent to Council for their consideration. Our next Council meeting will not be until September 29, 2022. If Council were to give notice of their intention to approve the rezoning, they would then need to set a date for the public hearing which requires at least 14 clear days (and in this case 21 clear days notice) to the public. It is unlikely that a public hearing would be held before the middle to end of October. We understand that you would like a chance to engage and share your thoughts on this proposal. The public hearing is the chance for the public to do this. A letter can also be submitted to Council or the PAC. However, at this time, PAC, nor Council, can change the Municipal Planning Strategy to put in additional requirements for this application. As the application has already been received, Council and PAC must consider the existing policies and tools that are in place. Your letter and this response will be included in the agenda package for the Planning Advisory Committee. At this time, we confirm the existing meeting date will be maintained. Pam 2 Garth Sturtevant From: Sent: To: Subject: Nancy McKinnell September 20, 2022 12:00 PM Planning; Abdella Assaff; Sharon Church; Chad Haughn; Garth Sturtevant; Allen Webber; Andre Veinotte; Derek Wells; Floyd Shatford; Tina Connors; Pam Myra (she/her) Correction EXTERNAL EMAIL ** Please do not open attachments or click links fro an unknown or suspicious origin. Hello again - apologize - I made an error in the email I previously sent - the date of the Public Information Meeting was September 8th, 2022 - not September 13th. Thank you. Nancy (she/her) I acknowledge that I live and work in Mi'kma'ki, the ancestral and unceded territory of the Mi'kmaq people who are the past, present, and future caretakers of this land. To find out whose territory you inhabit, visit: www.whose.land Garth Sturtevant From: Sent: To: Subject: ** EXTERNAL EMAIL *' Please do not open attachments or click links from an unknown or suspicious origin. Stephen Kimber September 20, 2022 10:18 AM Council; Planning Rezoning a portion of PID 60422888 (at Exit 6, Highway 103) My wife and I own property at 4 Hardwood Lane on Dauphinee's Mill Lake in Hubbards. I attended a recent "information" meeting where the developer was expected to explain his reasons for requesting the rezoning of land near Exit 6. He had apparently come with a Powerpoint presentation but chose not to use it, opting instead, he said, to answer questions. But it was impossible to ask thoughtful pertinent questions without knowing what he intended to do and why he needed the land rezoned in order to do it. I'm not opposed to development, but I think it is important that area residents understand what is intended and how it might impact them and the community. This meeting did not provide that. And now, you are being asked to make a recommendation to send this to the next stage of the process without the residents having had a real opportunity for input. I understand that the municipality and the planning advisory committee have rejected a request from residents to delay making a recommendation to council. I would encourage councillors to demand real answers from the developer at a public hearing before making any decision on this proposed rezoning. Thank you for your consideration. Stephen Kimber 4 Hardwood Lane Stephen Kimber MFA Cohort Director School of Journalism, Writing & Publishing University of King's College Garth Sturtevant From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: September 20, 2022 5:33 PM Garth Sturtevant; administration FW: Rezoning of PID 60422888 - Exit 6 Hwy 103 Rezoning PI D60422888.pdf Follow up Completed ** EXTERNAL EMAIL** Please do not open attachments or click links from an unknown or suspicious origin. Mr. Sturtevant & Ms. Myra: I neglected to copy you on my earlier email to the Municipal Councillors. I would like my letter to be on the public record before Council makes any decision in this matter. Thank you. Rob Champagne From: Sent: September 19, 2022 3:19 PM To: aveinotte@chester.ca; fshatford@chester.ca; dwells@chester.ca; awebber@chester.ca; aassaff@chester.ca; tconnors@chester.ca; schurch@chester.ca; council@chester.ca Cc: Subject: Rezoning of PID 60422888 - Exit 6 Hwy 103 September 19, 2022 TO: Councillors of the Municipality of Chester, aveinotte@chester.ca fshatford@chester.ca dwells@chester.ca awebber@chester.ca aassaff@chester.ca tconnors@chester.ca schurch@chester.ca council@chestereca I write as a concerned property owner in the Municipality of Chester about the rezoning application for PID 60422888 at Exit 6 on Highway 103. A developer is asking Council to permit the rezoning of this land, which is presently split zoned, so that the entire parcel will be zoned Mixed Use. My understanding is that if this rezoning proceeds it will allow the developer — whatever his stated current intent — to proceed with virtually any commercial or light industrial development on these lands, with very few restrictions. I am strongly opposed to this rezoning application, for two simple reasons: it is inconsistent with the nature and character of the surrounding community; and it is simply not needed. For more than 20 years now, I have been a property owner on Dauphinees Mill Lake — located just outside of Hubbards. This residential and cottage community is a highly desirable place to both live and visit, for many reasons, but most particularly for its relative peace and quiet. It is located well outside of the urban sprawl that is Halifax/Dartmouth. You can still see the stars at night here. Traffic sounds are low to negligible. You still see wildlife. The area hasn't been overridden with concrete and paved over parking lots. It is not simply an area that people pass through on their way to someplace else. The proposed rezoning of this parcel of land threatens all of this. The developer already possesses rights to do some limited commercial development on his property, given its current zoning (SR -2 and MU). Through this rezoning application he seeks to vastly expand the size and scope of any future development. With rezoning, he says he intends to develop a commercial subdivision and highway -oriented services. He says he intends to subdivide the rezoned property into 10 to 12 commercial development lots. And no matter what the developer says he intends to do, the rezoning of the property allows him to engage in all permitted uses of the land — and that includes larger and taller commercial uses. Any such development will bring with it a significant increase in car and truck traffic on the Exit 6 off ramp and on Mill Lake Road and the new access road being built to Sawier Lake. And what comes with more traffic? Noise and pollution, including nighttime light pollution. In what is otherwise a quiet residential and cottage community, the developer intends to plunk a development aimed primarily at highway commuters. The proposed development is completely at odds with the character of the surrounding area. The development butts up directly against Sawier Lake and is proximate to two other lakes — Maple Lake and Dauphinees Mill Lake. The traffic and noise from the proposed development will directly and negatively affect these quiet lakeside communities and the surrounding area. In making its rezoning decision, Council has to consider whether the benefits of the development exceed the costs, against the backdrop of its land use policy. Is a large highway -oriented development really needed at Exit 6 such as to warrant the related costs to the local community: sprawl, congestion, noise and pollution? I don't think it is. Hubbards already has a gas station and a grocery store in its (underdeveloped) downtown. Only 20 odd kilometres away is the very large commercial development at Tantallon, which has 5 gas stations, several open 24 hours, as well as several food stores and restaurants. Commuters on Highway 103 do not need even more of the kinds of services available in Tantallon a mere 15 minutes away. Rezoning the property to allow the proposed development would simply extend urban sprawl along the highway corridor with no real appreciable benefit. I invite all municipal Councillors to take a trip out to Exit 6 on Highway 103 and see for yourself what is at stake here. Get a sense of the peaceful and quiet nature of the surrounding residential and lakeside area. And imagine how it will be blighted by the proposed development on the rezoned lands. In so doing, I am sure that you will vote against the rezoning application before you. Sincerely, Robert Champagne Dauphinees Mill Lake 2 Garth Sturtevant From: Floyd Shatford Sent: September 20, 2022 11:13 AM To: Garth Sturtevant Subject: Fwd: rezoning & development at Exit 6 - additional info and concern Attachments: F-2022-006-004_2022-09-21_Staff Report_MPAC.pdf.pdf Just got this from Richard Floyd Shatford FLOYD SHATFORD listrict 2 Tice: 902-857-9817 Cek 9®2.2°75-7 Consider the environment. Do you really need to print this email? Begin forwarded message: From: Richard Elliott Date: September 20, 2022 at 11:04:16 AM ADT To: Floyd Shatford <fshatford@chester.ca> Subject: rezoning & development at Exit 6 - additional info and concern ** EXTERNAL EMAIL **' Please do not open attachments or click links from an Hi Floyd: unknown or suspicious origin. Garth responded this morning and said that his planning report isn't available to the public before it's presented to the PAC. That is really objectionable as a matter of transparency and accountability to the public, particularly residents in the area that are affected by this. They don't get to see what is being put before a public body that will make a recommendation to Council and provide input to that committee, based on that information, before the committee makes its recommendation? That is deeply problematic and, frankly, Council should rectify that. (After all, Council meeting packages are publicly available before the Council meeting.) Such a process hardly engenders any community confidence or permits meaningful community engagement — which was already a challenge given the ridiculously tight timeline between the (only) public info meeting and the PAC meeting where a recommendation likely gets made. As an aside, the representations that I think have been made about how a decision must be made by Council within 120 days of the developer's application, or else it is deemed refused, appear to be legally inaccurate. Rather, the Municipal Government Act simply says that the application is deemed refused if Council has not, within 120 days of the application, started the required by publishing the required notice of public hearing: (6) Where the council has not, within one hundred and twenty days after receipt of a completed application to amend a land -use by-law referred toin subsection (1), commenced the procedure required for amending the land -use by-law by publishing the required notice of public hearing, the application is deemed to have been refused. Also, Council has flexibility about how long a period of notice of the public hearing they want to give the public (it just has to be at least 14 days pursuant to s. 206(2), but it can be longer, there is no maximum specified). And I haven't found any section that says the Council must meet and make a decision within a certain maximum time after the public hearing. So I think Council should reject any suggestion that it must be frogmarched into a decision by the end of this year —that's not actually the law, as I read it. I stand to be corrected. But if this is being put about in order to rush a decision by Council in favour of the developer, which is certainly what it seems like, then this should be rejected flat out. In any event, despite Garth declining to provide the report that has been provided to the PAC, I did receive it this morning —just one day before the PAC meeting, I note — as a result of my freedom of information request. (Had I not done that, it would not be available; as I've noted, that's a problem.) I'm attaching Garth's report. Regrettably, it confirms that our fears about what this rezoning could lead to are valid. See Figure 6, which provides some detail about what the developer proposes to do by way of development. As you can see, the bulk of the property will be developed and it's a major commercial complex with 4 separate areas — that will host a gas bar and convenience store (with 24 parking spots), a drive through of 2500 sq ft (with 44 parking spots), and 4 large commercial buildings totalling 65,000 sq ft (and parking for more than 340 cars). Add in the additional paved space surrounding all this and it amounts to a complex of about 285,000 sq ft — in other words, a development that is nearly 6 times the size of the current Hubbards Square lot (building and parking area)! And there is room for further development still on the property... This is just not an appropriate development to put right in the middle of a residential and cottage community, and it's really disheartening that Council might seriously damage the existing character of the area by allowing this rezoning, just because this developer isn't satisfied with the scale of what he can already do on the portion already zoned Mixed Use. It's even more troubling when there is commercial space in Hubbards, right across the highway, that is going underdeveloped and unused. This is the worst kind of planning outcome that allows unnecessary sub/urban sprawl into rural areas. It really shows the importance of Council actually standing up to protecting the broader public interest, not just allowing it because a developer wants to do to make more private profit. Rather than enable this, wouldn't it be much better for the community for the municipality's economic development staff to focus on attracting small businesses to existing commercially -zoned space in Hubbards that actually responds to community needs? Richard Richard Elliott Health & Human Rights Law & Policy Consultant, HIV Legal Network (he/il/el) www.hivlegalnetwork.ca/site/richard-elliott/?lang=en Twitter: @RElliottHHR I live and work in Mi'kma'ki, the ancestral and unceded territory of the Mi'kmaq People. 2 Garth Sturtevant From: Floyd Shatford Sent: September 27, 2022 8:29 PM To: Garth Sturtevant Subject: Fwd: Re -zoning FYI Floyd Shatford FLOYD SHATFORD district #2 office: 902-857-9817 CeUk 902-275-786 . Consider the environment. Do you really need to print this email? Begin forwarded message: From: Joan Kaizer Date: September 27, 2022 at 8:16:31 PM ADT To: Floyd Shatford <fshatford@chester.ca> Subject: Re -zoning ** EXTERNAL EMAIL Please do not open attache unknown or suspicious origin.' I see the re -zoning and potential development at Exit 6 as a positive move for the residents of Hubbards and those who travel Hwy 103. Having improved services such as a gas station that is open extended hours and that carries diesel fuel is long overdue. There is speculation that a franchise of a coffee shop will be added. This would also be welcomed by those of us on the move early in the morning, and those travelling through the area on the highway. The "win" here is that Hubbards can have these amenities without disruption to the heart of Hubbards. No big transport trucks rumbling through town creating noise, no heavy 'through traffic' causing further concern for cyclists, pedestrians, and school zones. Progress and growth is coming to Hubbards - that's a given. If we can preserve the view of our waterfront and keep our local roads safe - that's a win. Personally I see developing the property north of Exit 6 as going for the win. I hope Council sees this re -zoning and development as a win too! Thank you for your time, Joan Kaizer Garth Sturtevant From: Allison Lewis Sent: September 21, 2022 10:06 AM To: Garth Sturtevant Cc: Ted Ross; Richard Elliott; Pam Myra (she/her); Abdella Assaff; Andre Veinotte; Allen Webber; Derek Wells; Floyd Shatford; Sharon Church; Tina Connors; Plannin.; Chad Hau.hn; Tara Ma.uire; Nanc McKinnell; Subject: Follow Up Flag: Flag Status: EXTERNAL EMAIL Re: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards Follow up Completed Please do not open attachments or click links from an unknown or suspicious origin. Good Morning Garth and members of the Committee and Council, With this email I add my voice to the growing number of people who have questions and concerns about the proposed development at exit 6. It is unfortunate that the developers failed to share any information about their vision or plan for the area when we attended that meeting a couple of weeks ago. I may misunderstand the process but I believe that that meeting was meant for them to share information with us and they failed to do so. There are too many questions. Questions around the impact on the environment, the impact on the water table, they said they did a study and drilled in two places but I wonder how they managed to get drilling equipment into the forest without any roads, some thing for your committee to think about. If they did those studies, why isn't that information available to the public as part of this process? I'm also concerned about the impact of having a huge development on the water table for the people who have wells in the area, and the impact on the lakes and wildlife that depends on those lakes and that river in order to live - he said they have enough water for the development, but I wonder about everything else in the area. Questions around the impact on the quality of life of the good people who live directly at the exit, and who pay their taxes. Traffic and noise and light and sound pollution. And what about the impact on the existing local businesses? Hubbards is starting to happen and that's because of the hard work of independent business people make their homes in the area and put everything into the businesses that they run. Jobs? Thanks to the pandemic it's a new day and nobody wants to work for minimum wage in a uniform anymore, and people are not going to relocate to Hubbards to work at a franchise, let's face it. I have many more concerns, and so do many others in the area, I urge you to take your time with this and a question how you can recommend anything if you don't have any information, unless your committee has more information than us. Lastly, I want to point out that I saw the developers on Mill Lake Rd. last week watching logs being taken out of what looks like new road that is being built, are we putting the cart before the horse? Why are they starting to work on a road that has not been approved yet? Is there something that the public does not know about yet? It's time for transparency, and this whole process seems a little cloudy so far. I appreciate your time and consideration. Thank you. Allison Sent from my iPhone On Sep 21, 2022, at 9:17 AM, Garth Sturtevant <gsturtevant@chester.ca> wrote: Good Morning Ted, Thank you for your email. I have placed it with other correspondence received in relation to the proposed rezoning. This correspondence will form part of the Public Hearing package for consideration by Council before a decision is made. Best, Garth From: Ted Ross Sent: September 20, 2022 2:37 PM To: Garth Sturtevant <gsturtevant@chester.ca> Cc: ; Richard Elliott ; Pam Myra (she/her) <pmyra@chester.ca>; Abdella Assaff <aassaff@chester.ca>; Andre Veinotte <aveinotte@chester.ca>; Allen Webber <awebber@chester.ca>; Derek Wells <dwells@chester.ca>; Floyd Shatford <fshatford@chester.ca>; Sharon Church <schurch@chester.ca>; Tina Connors <tconnors@chester.ca>; Planning <planning@chester.ca>; Chad Haughn <chaughn@chester.ca>; Tara Maguire <tmaguire@chester.ca>; Nancy McKinnell Subject: Re: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards ** EXTERNAL EMAIL **; Please do not open attachment click links from an unknown or suspicious origin. Good afternoon Mr Sturtevant, & Municipal Council members, 2 I am writing to ask that not support any change to existing zoning on these lands. Indeed I hope that in retrospect you reconsider the existing zoning as being far to lenient. The best use of these lands is to only allow residential development on unserviced lots, which is in keeping with the current uses on Mill Lake Road # 2. The development of a large shopping mall or multiple retail outlets will harm the existing retail stores in Hubbards, Chester & Tantallon. I am three season resident. I shop in Hubbards, Chester and Tantallon. I don't need any additional shops at Exit 6. The proposed development is totally out of scale for the area, and will harm existing retailers in all three communities. I hope you will vote against this application and seek broader community input on the MPS and zoning for the lands abutting Exit 6. Please provide a copy of this letter to the Clerk and Councillors. Ted Ross Patricia Lawrence 902 Mill Lake Rd On Sep 20, 2022, at 12:14 PM, Garth Sturtevant <gsturtevant@chester.ca> wrote: Good Morning Cathy, Your email has been received and will be included with other comments for consideration by Council at the Public Hearing. Thank you, Garth From: Sent: September 20, 2022 11:20 AM To: Garth Sturtevant <gsturtevant@chester.ca> Cc: Richard Elliott Pam Myra (she/her) <pmyra@chester.ca>; Abdella Assaff <aassaff@chester.ca>; Andre Veinotte <aveinotte@chester.ca>; Allen Webber <awebber@chester.ca>; Derek Wells <dwells@chester.ca>; Floyd Shatford <fshatford@chester.ca>; Sharon Church <schurch@chester.ca>; Tina Connors <tconnors@chester.ca>; Planning <planning@chester.ca>; Chad Haughn <chaughn@chester.ca>; Tara Maguire <tmaguire@chester.ca>; Nancy McKinnell Subject: RE: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards 3 EXTERNAL EMAIL ** Please do not open attachments or click links froi an unkno� n OI suspicious origin. As a former municipal clerk I need to object to this total lack of transparency in an important part of the planning process. The Planning Advisory Committe is established by Council to be part of the public consultation process to ensure all the public have access and input to the important planning decisions that impact their communities. This doesn't cut it for transparency in the process. Additionally, the information provided by Planning on the rushed time frames are also not correct under the municipal government act. The process must be " commenced" in 120 days NOT completed. That is also to allow public input and consideration. All of which appears to be running rough shod over in this case. This is deeply concerning whether you agree or not with the proposed development as it takes time and good information for a community and neighbourhood to consider planning matters and their umpact on their comminity. The way this process is being undertaken is providing neither to our community. Cathy Mellett On Sep. 20, 2022 5:08 a.m., Garth Sturtevant <gsturtevant@chester.ca> wrote: Good Morning Richard, Planning Advisory Committee package materials are not publicly available until the meeting date. This differs from Council packages which are posted in advance. Following the meeting I would be happy to provide a copy. Best, Garth From: Richard Elliott Sent: September 16, 2022 4:24 PM To: Pam Myra (she/her) <pmyra@chester.ca>; Abdella Assaff <aassaff@chester.ca>; Andre Veinotte <aveinotte@chester.ca>; Allen Webber <awebber@chester.ca>; Derek Wells <dwells@chester.ca>; Floyd Shatford <fshatford@chester.ca>; Sharon Church <schurch@chester.ca>; Tina Connors <tconnors@chester.ca>; Planning <planning@chester.ca>; Garth Sturtevant <gsturtevant@chester.ca>; Chad Haughn <chaughn@chester.ca>; Tara Maguire <tmaguire@chester.ca> Cc: CATHYMELLET ; Nancy McKinnell Subject: RE: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards ** EXTERNAL EMAIL ** Please do not open attachments or click (inks 1 Hi Pam Acknowledging receipt of your email below. 0 an unknown or suspicious origin. We understand that the PAC is not a decision -making body. However, it does make a recommendation to Council, so it's disappointing to think that it will do so without the benefit of much public input; this seems a flawed process. And it is simply not reasonable to expect the public to be in a position to engage meaningfully, and in an informed fashion, when there has been so little information made publicly available about the application for a rezoning and there is less than 2 weeks between the public information meeting and the PAC meeting, following which the PAC makes its recommendation. I believe from my earlier communications with Garth that the package of materials for the upcoming PAC meeting next Wednesday, Sep 21, will have gone to the committee members this past Wed (Sep 14). And I believe this should include the staff report that Garth was preparing regarding the developer's application for rezoning the PID in question. Could I ask that you please share a copy of that material, including the staff report? I can't seem to find this material — or any information about the PAC — on the municipality's website (although there is some material related to other Council committees). I know that I, and other concerned residents, would like to see the information that is being provided to the PAC to inform its recommendation to Council, and would like to have an opportunity to review it as soon as possible in advance of next week's PAC meeting. Thanks for your assistance. 5 Richard Richard i tt 1 live and work in Mi'kma'ki, the ancestral and unceded territory of the Mi'kmaq People. Garth Sturtevant From: Stephen Blacke Sent: September 21, 2022 12:33 P To: Garth Sturtevant Cc: Abdella Assaff; Sharon Church; Planning; Chad Haughn; Allen Webber; Andre Veinotte; Derek Wells; Floyd Shatford; Tina Connors; Ted Ross; Richard Elliott; Pam M ra (she/her); Nanc McKinne Subject: Follow Up Flag: Flag Status: ** EXTERNAL EMAIL *' Please do not open attachments or Re: Application to rezone a portion of PID 60422888 (at Exit 6, Highway 103) Hubbards Follow up Completed k links an unknown or suspicious origin. Good morning Mr. Sturtevant, PAC members and Municipal Councillors, We are writing to urge you to oppose the proposed rezoning and development at Exit 6. The proposed development is at odds with the character of the area which is primarily residential/cottage country in nature, and would result in unwelcome noise, pollution, traffic and environmental degradation. The developer claims the priority outcomes of this development to be: 1. Promote and grow the Municipality's economic sectors. The developers themselves have stated elsewhere that their main aim is to provide "highway services" on the 103. Since the majority of highway traffic to this development would presumably bypass Hubbards altogether with a quick stop for gas and coffee on the highway, what is the perceived benefit to the local economy? The main beneficiaries of this development would appear to be the developer and the Municipality (via taxes). 2. Position the Municipality as Nova Scotia's south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Ignoring the (preposterous) claim that a highway strip mall would do anything to promote international tourism in the area, there are already sufficient highway services just down the road in Tantallon, in Chester, and in Hubbards, which appears to have been coping with demand for decades. If Hubbards were the only stop for 100km in either direction this proposal might make more sense, but the reality is there is no need for another highway services development in this location that is so close to existing amenities. If the developers truly claim altruistic motivations, then perhaps they could investigate working with existing businesses and commercial property owners in Hubbards proper to develop and improve existing infrastructure and properties there. Please provide a copy of this letter to any Councillors or PAC members we may have missed in our email address list. Thank you for your time, Sincerely, Stephen and Colleen Blacker, 17 Hardwood Lane, Hubbards, Nova Scotia 2 LA CONCERNED ABOUT G " °SCALE COMMERCIAL O . INDUSTRIAL DEV OPMENT IN YOUR NEIGHBOURHOOD? SPEAK{ LIP NO What's happening'? Why should I be concerned? Right now, the hrlunicipality of Chester is considering a developer's request to rezone a large property alongside Highway 103 at Exit f. Not satisfied with the commercial development rights he already has on part of the property, the developer wants the municipal Council to double the physical area that could be commercially or industrially developed to more than 30 acres an area the sire of 2: football fields —all in the middle of a quiet residential and cottage community between three lakes. In addition to doubling the area to be developed, rezoning would also remove important limits on the kind and scale of any development. This kind of zoning was rejected just a few years ago. The re has been VERY LITTLE INFORMATION shared publicly by the developer or the municipality -- and the developer isn't bound by any promises made once the area is rezoned. Pius the process has been rushed, with little opportunity so far for public input. Despite this, Council is likely to hold a hearing on whether to approve this within a matter of weeks. if it rezones the land, Council has limited tools left to regulate the use of the land and protect the interests of the broader community. Residents need to speakup now and share their concerns with municipal Councillors before it's too late. What property are we talking about? The developer awns a 30.5 -acre property that runs along Highway 103 just north of Exit 6, across from Hubbards. The property runs parallel to the highway from the edge of Sawler Lake almost to Mill Lake Road, and a significant distance up from the highway. 'The property Is currently split zoned. The top half is zoned "Mixed Use" (MU), while the bottom half, nearest the highway, is zoned "'Settlement; Residential Two" (SR -2). The developer wants Council to rezone the bottom haft so that the entire property will be „Mixed Use." This would mean that he could use the tiro property for almost any commercial or light lal development, with only a few restrictions, despite the residential nature of the area. it '1CF) P The developer has confirmed publicly that, if Chester approves the rezoning, his current intent is to develop a commercial subdivision and highway -oriented services. Beyond this, despite direct requests from concerned residents, the developer provided little information about what is planned, including at a "public information meeting," What little information has since been provided (only as a result of a freedom -of -information request) is disturbing, "i`i'aa_ da�a ...i""1.x'0 11,735 ;Ad WO til".oili Hilo-ai%R:N/ i,#o vt pRaa 'r; �f.9� 194,rfilr,l OW '; h [. w.,f�1OCgi� r G:�iK?8i. I lxr,t;ds `�' m ,{,p .;;� F°t4 y i) 4f, i i"r, ,=End 4 I Ji ge Ours i)rkm�f04i' for t.rol i""o more ,a.lr.i -wr toot — with still room for 't°io ��"rr�.�r�,`��:�r�re�� t r r�e! � r rr��rrn: .+ � 7 ul 4"„-r� � r�{i���� 1 h40 -94,T `�. .� The developer already has the right to do some commercial development on the top half of the property further away from the highway, which is already zoned "Mixed Use." But the developer wants mores he wants the other half rezoned so he can develop on a much bigger scale and attract highway commuters, That means a major increase in car traffic on Mill Lake Road and the new Sawler Lake access road" with the congestion, noise and pollution that brings, And if businesses such as a gas station are open 24/7 or late into the evening, that means more light pollution in this residential area. The developer has done a study of traffic volumes but has not made It public, despite requests. :F„" J '?fl°➢ Y r & L'.�"'r ! In any event, no matter what the developer says or promises when asking for the rezoning; municipal by -Taws make it clear that, once rezoning happens, the owner can do whatever they want with the land — as long as it's a "permitted use under the zoning category that applies. At the public information meeting held as part of this process (on September 8th),, the developer declared that "the market will drive development" on this property. In other words, the developer, who is targeting highway commuters, will pursue whatever uses of the land make him the most profit. This will not necessarily reflect the needs of local residents, who will have to lure with the long-term consequences. (to r t;rd r "u :a ,. rt . P a door r to lair r,, b rd c c:ornnig. P°tf ' al uard i sti`4 :r/ CP: y, o o o fe,"ry Jiro . If the developer's rezoning request is granted, this allows even larger, taller and denser commercial and industrial uses than what is already possible. Compare the scale of what municipal by-laws allow under the current zoning ("Settlement Residential 2') versus the much larger development allowed on each lot if the rest of the developer's property is rezoned as 'Mixed Use" Maximum total floor area of building (all storeys),. on each for Maximum 1 on each lot d area, Settlement Residential 2 500 mz (5380 s 2000 mz f2 00 sq ft) xed Use EZl rr Anything lcrr+gi r r. reemert, but the 5000 m (54,500 si Anything Inver r+equ agreement, but there is rr� ximum building height, n each /at 6 feet) 3 storeys etbacks from neighbours , average 7.5m (243 feet) No limit on height of buildings The developer has stated he plans to subdivide the property into 10-12 bats for commercial development, Each of these lots. comes with the greater development rights set out In the chart above, if Council agrees to his 'Mixed Use'rezoning request for the property. There is little further input from the community and limited regulation by the municipality, Information provided by the developer indicates he pi.,r1s out e ei gee mere lieee twice ale p 4 i t r?...e yQ:Sr'I.j' H9rP;lear t.VWi Si Keeping. ad ert Yeicr a,ti ta"d),. and the rnaximurn height' of buildings I's "to be determined." Rezoning the rest of this property as "Mixed User also opens the door even wider to very large commercial and industrial buildings on this site in the middle of a residential and cottage community. This could include car sales centres, gas stations (including truck filling centres), light manufacturing, transportation depots, warehouse facilities, autobody shops, recycling depots — even abattoirs and salvage yards (up to 2500 rn f 27,000 sq ft), as well as inland fish farms. kt clerk . t Just 2 years ago, Chester's municipal council decided, as part of its new municipal plan, to zone the bottom half of the property in the "Settlement Residential Two" (SR -2) category, The SR -2 zoning, already allows for some small-scale commercial uses, while supporting and encouraging residential development. In fact, as the municipal planner's report indicates, the idea of v ie..ec c i jElatl y'' pro r10 ,c.f fo- the. i7 du; 6:arg` , WaS IteCZ,i" 1$'. t::O6`61"a'�" olli „ ,° i":;ovics'_;nF.+ an 'S „cjesire t'4.; a,..;04‘,1 :»ortuTtR'r i;.... grt:.7i°".th ::rrijl d3d°'h°eT'? f'1pr. en s'i ;c;'r°G=.. Those ;7.o.a( 0). . There is no good reason to undo what was just recently decided as the appropriate zoning, just so a developer can make more money with a much larger commercial development targeting highway commuters. aut. ;'ior r r➢r'_'c.c1 yi .'.e;,.-hv:PfS! gas sunk c) crr_g r. Hulthart" u"v? The current gas station in Hubbards is open from 7 AM to 9 PM every day (except 8 AM to 8 PM on Sundays). There are five other gas stations less than 15 minutes away at or near Exit 5 — and three of them (PetroCanada, Wilson's and Irving) are open 24/7, while the other two (Sobeys and Esso) are open from early morning until 11 PM. There is easy access to these services already in the area —and the developer could already put one on the portion of his property zoned for commercial use. Having a 24/7 gas station in this location is not a good reason to open the door to largeyscaie commercial and industrial use in the middle of a residential and cottage community, n�P�rkr0q.(m"L%'w;'iNq tor 65. C )r?` 5'.",a!%°-1 tidPPYt d�rr»�r Nur"1'3 'l�Stl'?t 4."rrr..a �ry'f Hubbards could certainly benefit from a few additional retail services. But rezoning this property to allow large-scale development isn't the answer. It means more urban sprawl along the highway. There is space already in Hubbards that is zoned for commercial use and is unused or underdeveloped. But this developer isn't interested in something smaller scale in town, He wants the municipality to authorize a whole new, large development along the highway — and the only detail he has made public is that it will be aimed at serving highway commuters. Residents shouldn't have to settle for this. We should demand better of our municipal government. Council shouldn't open the door to a large-scale commercial and industrial development, in the middle of a residential and cottage area, because the developer wants to build a big highway -oriented plaza to make more money, Instead, the municipality should work with small business owners and residents to attract specific retail services in existing commercial space that is under -used, to meet the needs of local residents, not highway commuters. Garth Sturtevant From: Sent: To: Cc: Subject: Floyd Shatford September 21, 2022 11:51 AM amber maclean Garth Sturtevant Re: Proposed Exit 6 development feedback Thanks for your thoughts I will forward it to be included in the information package. Floyd FLOYD SHATFORD Iistric't 2 ffice: 90'2--857-98',17 CeUk 902,-275-78 8 Consider the environment. Do you really need to print this email? > On Sep 21, 2022, at 9:53 AM, amber maclean <ambermaclean@live.com> wrote: > ** EXTERNAL EMAIL ** > Please do not open attachments or click links from an unknown or suspicious origin. > Hello Floyd, > My name is Amber MacLean. My husband Joe and I currently live in Boutilers Point and we both grew up in Hubbards. In fact, I grew up on Mill Lake Road and my Dad still lives there in my childhood home. > Joe and I attended the public meeting at The Lions Club earlier this month and on the drive home it became apparent that we had very different outlooks on how the meeting went. > I'm writing you today with my own concerns surrounding this development and the impact it will have on Hubbards proper as well as the environmental impact and worry for such substantial growth. > I understand that Larry as a developer would have rode into town, took one look at our trailer gas station and falling apart " mall" and saw dollar signs. It's no secret in our community that the shopping centre is in disarray and the landlords have no interest in up keeping it. > I also understand that Larry bought this land to develop and make a profit from. He owns it, we don't and there is no stopping him from working the land. It's a sad but true fact that this area is going to be altered. > I'm writing you today to be one voice against allowing the lot to be rezoned from Settlement Residential Two Zone to Mixed Use Zone. > There is an opportunity for growth vs. destruction and Council has the power to influence that. Please consider the area, the lakes, the forest, the Residents who live in the area and call it home, the actual needs of the community and not the possibilities for capital greed and consumerism. > We need a bank, a gas station with operating hours, a grocery store that doesn't have mould in the walls. I truly believe that we don't need an RV sales park, a Tim Horton's or a dollar store. We have those amenities a mere 10 minute drive up the 103 already. > > In a world of big box, forests turned to parking lots, wants instead of needs, entrepreneurship instead of franchise - please help choose thoughtfulness over big businesses. > > Thank you for your consideration. In case my email was not clear: I am against the Re zoning a portion of PID 60433888 from Settlement Residential Two Zone to Mixed Use Zone. > > Regards, > > Amber MacLean > 2 Garth Sturtevant From: Sent: To: Subject: Floyd Shatford October 19, 2022 12:22 PM Garth Sturtevant; Ted Ross Re: rezoning property at Exit 6 Thanks for your letter I will make sure it's included in the file. Floyd FLOYD SHATFORD listrict #2 ffice: 9®'2-857-98',17 Ceik 902-275-7868 Consider the environment. Do you really need to print this email? On Oct 19, 2022, at 12:00 PM, Ted Ross EXTERNAL EMAIL Please do not open attachr To all members of Council ents or click links unknown or suspicious origin. The developer seeks to rezone properties to allow large scale commercial enterprises off exit 6, which is our exit that serves Dauphinee Mill Lake. My wife & I are opposed as it is not at all in keeping with the existing zoning allowing single family dwellings on the road and the Lake nor the cottages on Sawler Lake which the property fronts on, on the east side. The proposal is totally out of character for the existing properties that utilize the exit, and will take away from the existing shopping mall and business district of Hubbards. Please do not grant the rezoning nor all large scale development that is misplaced and will damage existing businesses in the Village of Hubbards which straddles MDC & HRM. Ted Ross Dauphinee Mill Lake Begin forwarded message: From: Date: October 19, 2022 at 11:35:34 AM ADT To: Subject: RE: rezoning property at Exit 6 - update and key documents (flyer & petition) Hi all Just a polite reminder to let me know if you're able and willing to take on contributing to one or more of the action items highlighted in the email below from this past weekend — and in particular, it would be great if some others would be prepared to take the lead on starting to circulate the petition via some relevant Facebook groups so we can start building signatures on that. Thanks. Richard From: Sent: October 16, 2022 6:07 PM To: Subject: rezoning property at Exit 6 - update and key documents (flyer & petition) (Note: Links to flyer and petition in message below, and I've highlighted in yellow the key information and possible action items.) Hello all, You're receiving this email because you've previously let me know, some of you just within the last couple of days, that you at least have concerns about the proposed rezoning of the property just north of Highway 103 at Exit 6; some of us are more than concerned and are opposed. For the time being, I've put all addresses in the Bcc line. (And for those of you with whom I was communicating previously from my personal email address, you'll have noted that I have set up this separate Gmail address for purposes of this ongoing communication. I've done this partly because of some of the unfortunate snarkiness already received on social media from some posters; I don't need to clutter up my personal email with that as well.) I'm writing to provide a basic information update to everyone in one consolidated message and to share some key documents. Apologies to some on this list for whom some of this is already known. UPDATE: PUBLIC HEARING DATE SET On Thursday of this past week (Oct 13th), Chester's municipal Council decided to move ahead with the next step in this process, and scheduled the Public Hearing for Thursday, November 10 at 6:30 pm at the Council chambers at 151 King St. in Chester. Here is the public notice that is now up on the Council website (as of Friday): hops://chester.ca/events/notice-of-public-hearing-4. It is critical that, between now and the public hearing, and then at the public hearing itself, councillors hear concerns about, and/or opposition to, the proposed rezoning. This must include Floyd Shatford, the councillor for District 2 (our district, in which this property is located). After the public hearing — and likely right after it, at the same meeting on November 10th — Council will then 2 vote on whether to approve or deny the rezoning request. There are 7 Councillors, and they must be present at the public hearing in order to vote. So, the next few weeks are the key window for making concerns and opposition known. At the moment, based on the available information, we know that at least some councillors are intending to approve the developer's rezoning request. Unless they hear concern and opposition from a significant number of people, it seems likely things will proceed. The attached flyer (which many of you have seen previously) has info on the back page, including contact information for all the municipal councillors. It is important that they hear people's concerns and/or opposition — through phone calls, emails and/or in - person meetings (in addition to the petition described below). It would be great if all those who are concerned would at least make a phone call and send an email to each of the councillors. If you are able to also ask one or more of them for a meeting, even better. (If you're willing, please let me know if you are doing that and then, of course, it would be great to know what came of the discussion, so updates can be shared with others.) Some of us have met previously with Floyd, may seek a further meeting with him in the weeks ahead, and will seek meetings with some of the other councillors. FLYER You have already seen the 4 -page flyer that lays out the basics of the situation (all based on information stated by the developer and/or in documents prepared by municipal staff), as well as the reasons to reject the rezoning that is proposed by the developer. It also includes, on the last page, ways in which people can take action. Print version: I'm attaching it again here in PDF, and please share it with others that you think may be concerned about or opposed to this rezoning and the larger -scale commercial and industrial development to which it would open the door. We also have a couple hundred copies already printed. If you would like to get some so you can distribute them to others, please let me know and we'll figure out how to get some. Online version: Note that you can also download the flyer from this link: https://tinyurl.com/exit-6-rezoning. Please also share this link to the flyer with others, including through social media channels of relevance to reaching people resident in the Municipality of Chester. PETITION (this is new!) As discussed, we are beginning to circulate both print and online versions of a petition (same text) urging Chester's municipal councillors to reject the developer's request to rezone the property. (Congrats and thanks to Dan and Michelle for their foray to the Hubbards Farmers' Market on Saturday, the petition's first outing!) Print version: Attached is the PDF of the petition in case you want to print it off and get signatures from other concerned residents. Note that we also have 3 some already printed off, including for purposes of gathering signatures at some upcoming events. Let me know if you would like some print copies and we'll figure out how to get them to you. Online version: The petition is also now up online, ready for signing, at this link: https://tinyurl.com/exit-6-rezoning-petition. Please take a moment to sign it, if you are in agreement, so we can start the signatures rolling. Again, please share it widely via email and social media with other concerned residents of the municipality. In particular, it would be good if people could use various Facebook groups related to the Hubbards area (and surrounding areas) to start sharing this information — i.e., the flyer and the petition. You could, for example, do two separate posts, or you could just put some of the text from the petition in a post with the link to the petition — obviously, key to include the link in order to actually get signatures. And you could also include in your post a link to the flyer that provides more of the detailed background information, so that people can be aware of this in deciding whether to sign the petition. Or, of course, feel free to write your own short post (but ideally, if you are agreeable, including the link to the petition.) It would be ideal if people who are year-round residents in the area could post their concerns in such forums. Some of the relevant Facebook groups include: 1. Hubbards and Area Neighbourhood Communications: https://www.facebook.com/groups/444028224091037 2. Hubbards Proper — What's Going On: Events & Public Notices: https://www.facebook.com/groups/324185777973303 3. Hubbards Community Waterfront Association: https://www.facebook.com/groups/HCWAF 4. Hubbards & Area Neighbourhood Watch: https://www.facebook.com/groups/244833913132309 5. Are there others people are aware of? Please let me know if you are able and willing to post in these groups to promote greater community awareness and understanding of what's at stake with this rezoning, and the ways in which people can take action to let their opposition be known (including to municipal councillors, including Floyd Shatford, our district 2 councillor). Obviously, posts are likely to elicit a range of responses, some of them supportive, some of them not (and some of those will likely get snarky). People will of course decide for themselves whether and how to respond to comments that get posted. Note that the petition includes a question asking that the signer indicate the postal code of the property they live at or own in the municipality. This is important because it will confirm that signatories do in fact have such a 4 connection to the area, which is important to communicate publicly, including to Councillors. If we can secure a sufficiently helpful number of signatures, we will deliver the petition, with as many signatures as possible, between the print and online versions, to all the Councillors in the days leading up to the Public Hearing. And it will also be important to make sure that the support the petition has attracted is known more widely in the community. (One unfortunate sentiment that we've already heard expressed repeatedly by various people is the perception that it doesn't matter what people think, the rezoning and the development will just go ahead anyway, there's no point in trying to do anything about it, etc. It is, therefore, important that people who may have concerns, or even be opposed, understand that in fact there are others with similar views and who are doing something to try to have input this process and influence the outcome.) IMAGES Just FYI, and because some had asked about this in some earlier conversations, attached are two figures prepared by the developer (and taken from documents prepared by municipal staff) that show what they currently state they are planning. But recall that the core issue is not the details of what the developer is currently saying they plan to do. It's clear, as a matter of law, and as the municipal planner and councillor Shatford have stated repeatedly, that the developer isn't bound by their stated intentions at the time of applying for the rezoning. (Of course, for at least some of us, the details of what the developer says they're planning are, in themselves, cause enough for concern.) Rather, the issue before the Council is whether the property should be rezoned to allow "commercial and industrial development" on a larger scale, as of right, than is currently permitted under the current zoning — such as what the developer is proposing, but not only limited to that. As is explained in the flyer, the rezoning decision opens the door not just to the developer's currently stated plans, but to a wide range of "permitted uses" of this sort under the Municipal Land Use By - Law. I hope the above update and information are useful, and look forward to hearing from people about whether they can take on some of the above suggested actions to help spread awareness and concern about what this rezoning and development in this location could mean, and help demonstrate this to the Councillors before they make it a done deal. All the best, Richard 5 RE: Application to rezone a portion of PID 60422888 To the Planning Advisory Committee, Municipality of Chester: I am making a written submission as I am out of the province on a family matter and unable to attend. Your recommendation to Council on this matter is an important one. As a resident I have been extremely frustrated that we have not been provided with the time or information necessary to provide you and Council with our input, which is why more than 20 concerned residents asked for an additional 30 days to make a written submission. Also, the developer has expressed no interest in the community's view or the impact of his development. They have ignored requests for more information from concerned residents and their application submitted to the municipality has been withheld. As the PAC knows, once land use rights are granted through a zoning decision, the planning tools available to the municipality to ensure development is beneficial and not harmful to other residents and to the public interest become far more limited. There needs to be careful consideration of the impacts this proposed highway -oriented commercial development (or any other allowed land use) will have on our neighbourhood and the surrounding community of Hubbard. That is not happening. In light of that, I would request that the PAC recommend to Council that it deny the current rezoning request. I also urge the PAC to recommend that Council undertake more careful consideration of other options that take community concerns and the broader public interest, including in preserving the character of the area. Options include: - Recommend to Council that it rezone the property to "Lakefront Zone." This is the more appropriate zoning of this property abutting Sawler Lake and lying between three lakes, one of which feeds into Hubbard Cove, as well as being more in keeping with the single family rural residential and cottage community surrounding the property. Recommend that any commercial or light industrial development in the Settlement Area surrounding Hubbards be undertaken only by development agreement, with changes to the Municipal Planning Strategy (MPS) to enable that. In my limited opportunity to review the MPS, those options would be more in keeping with the over- riding policy direction of protecting and ensuring the quality of life, environment and rural nature of our community. Sincerely Cathy Mellett 554 Mill Lake Rd West Commented [REn]: Suggest deleting reference to "or Council" here, because there will still be some time and the public hearing to provide views to Council, Commented [RE2]: PAC doesn't make the decision, it only recommends to Council, Garth Sturtevant From: Bill Doane Sent: October 13, 2022 11:15 AM To: Floyd Shatford Cc: chaughn@chester.cam; Garth Sturtevant; Planning Subject: Exit 6 Rezoning Application Follow Up Flag: Flag Status: EXTERNAL EMAIL ** Follow up Completed Please do not open attachments or click links from an unknown or suspicious origin. Hi Floyd, I was to express some concern over the application to rezone an area at exit 6 for large scale commercial / industrial development. As Commodore of Hubbards Sailing Club I interact with many people who make Hubbards their home — both full time and seasonally. The attraction of Hubbards is a rural lifestyle that is very close to the City. I was also able to talk to the Athletes who attended the 2022 49er, 49erFX and Nacra 17 world championships. A common sentiment expressed was how amazing it was to have such a unique rural community preserved so close the city. A large commercial center is not required for the residents of Hubbards — there is so much available already between the shops in Chester and Tantallon. I do acknowledge that development is positive and inevitable. I would like to see this well managed to not alter the lifestyle that we value so highly. Any development should enhance the character and enjoyment of the community. I trust the Council — there is a proven history of development in Chester without losing the unique aspects of life on the South Shore of Nova Scotia. Thanks for your time and consideration! Bill Bill Doane Co-founder Aptitude Digital Garth Sturtevant From: Floyd Shatford Sent: October 13, 2022 4:13 PM To: Garth Sturtevant Subject: Fwd: Exit 6 rezoning - Concerned Year Round Resident Follow Up Flag: Follow up Flag Status: Completed FYI Floyd Shatford FLOYD SHATFORD district #2 ffice: 902-057-9817 CeUk 902-275-786 Consider the environment. Do you really need to print this email? Begin forwarded message: From: Stephen Anderson Date: October 13, 2022 at 3:24:40 PM ADT To: Floyd Shatford <fshatford@chester.ca> Subject: Exit 6 rezoning - Concerned Year Round Resident ** EXTERNAL EMAIL **' Please do not open attachments or click (inks from an unknown or suspicious origin. Hi Floyd, I am writing to you concerning the rezoning at Exit 6. I am a year-round resident who just invested quite a bit of money to build a brand-new home in Hubbards on Wolf Drive. My background and expertise is in this direct field that we are all talking about and I've dealt with these situations before. To rezone and have this whole area as a mixed -use area gives complete and total control to the developer to construct anything from an RV lot to a truck stop to an abattoir (likely not going to happen, but as he stated, demand/interest and the money to pay for it will dictate will be what gets built). To leave the frontage as SR -2 will hopefully allow the preservation of more wooded area and will slightly align with your Policy V-11 shown below. What is being proposed in no way follows anything remotely related a through e. I urge you to vote against the rezoning to preserve some character of the land to only allow smaller buildings in this front highway facing area. You were elected to represent us; us being everyone in your district. The developer can still have everything he wants on the already designated MU area which appeases the "non lake community" supporters and he can still build multiple shops in the SR2 zoning which appeases us "lake community" non supporters as you referred to us as from the YouTube link I watched today. It is very easy to see dollar signs when this isn't your back yard and those concerned see something exactly what we were told it was not going to be which is Tantallon. My phone number is in my email signature below and I'd gladly accept a phone call to further discuss. Thank you for your time. Policy V-11 Land use policies anct regulations shall reflect each area's: a) rural or village context; b) existing land uses; c) community character; d) desire for regulation; e) vision. Q. Will there be standards for what is going into the development? A, (DEVELOPER) - The objective layout will be landscaping, trees and architecture. By the looks of things, 1 see a flattened area of pavement with several maple trees. Stephen Anderson BBA, CET Construction Manager Dynamic Project Management 2 CONFIDENTIALITY IALITY NOTICE: The contents, of this en, re ge and any attachments are intended solely for the addressees) and may contain conftdeotial and/or privileged information find may be legally protected from discloser. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited, 3 Garth Sturtevant From: Reese Parke Sent: October 25, 2022 9:49 PM To: Floyd Shatford Cc: Andre Veinotte; Derek Wells; Allen Webber; Abdella Assaff; Tina Connors; Sharon Church; Council; chaughn@chester.cam; Garth Sturtevant; Planning Subject: Proposed rezoning at exit 6 Highway 103 Follow Up Flag: Follow up Flag Status: Completed ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. Good evening Floyd, I would like to highlight a few points regarding the subject rezoning proposal. Most importantly, although I am not strictly against such developments I do think that the old adage of " a place for everything and everything in it's place" should be given the utmost consideration. In this case the eastern boundary of the lot in question is actually the shoreline of Sawler Lake which is downhill from and provides the natural drainage for the property. This lake feeds the Fitzroy River directly to Hubbards Cove. This alone should be enough to disqualify large scale commercial development there. I would suggest , since this type of development is likely destined for the area , that west of the Mill Lake Rd would be a much better " place". Also as I'm sure you are aware, only recently council decided as part of its new municipal plan, to zone this area SR -2 which already allows for some small-scale commercial uses, while supporting and encouraging residential development. I don't believe the community concerns that drove that decision have changed. Please endeavour to proactively develop a plan to attract the kinds of retail businesses , big or small, that residents want and need to suitable areas already zoned , or suitable for rezoning, for commercial use in Hubbards. Thank you for your consideration and service to the community. Best regards, Reese Garth Sturtevant From: Pam Myra (she/her) Sent: Tuesday, November 1, 2022 8:39 AM To: Garth Sturtevant Subject: FW: Hubbards development Follow Up Flag: Follow up Flag Status: Flagged PAM MYRA nice al Office 9 7.75.419 Ceti: 9 7 2,7.7-'1872 ector of to an esources Consider the environment. Do you really need to print this email? From: Andre Veinotte <aveinotte@chester.ca> Sent: October 31, 2022 11:55 AM To: Pam Myra (she/her) <pmyra@chester.ca> Subject: FW: Hubbards development ANDRE VEINOTTE istrict #'1 Consider the environment. Do you really need to print this email? From: Philip Publicover Sent: October 30, 2022 3:30 PM To: Andre Veinotte <aveinotte@chester.ca> Subject: Hubbards development ** EXTERNAL EMAIL **' Please do not open attachments or click links from Good afternoon Andre an unknown or suspicious origin. I have been made aware of the potential development in Hubbards of a major commercial retailer. In my conversation I was told that there is the typical NIMBY group who are prepared to oppose any changes to the municipality. I would like to offer my support to the development, I was told its an Irving Big Stop. Although I currently reside in Blandford and I am no longer a member of the Hubbards fire department I strongly believe that the community of Hubbards needs this and additional development to create local jobs inorder to provide a functional opportunity for citizens to live and work in the community. This provides more chances that citizens will stwp forward to support the volunteer needs of thw community with participation in service groups and the fire department. Eighteen years ago I had the pleasure of serving on a municipal strategic planning committee that in the end was buryed by council never to be heard from again. Each participant was asked to offer ideas to benefit the municipality. One of the many ideas that I submitted, thoroughly rejected by many, was the idea of a Big Stop within the MODC. My suggestion was for it to be sited at exit 7, so I only missed the location by 10 km and almost two decades. With the continued expansion of the divided 103 development is to natually follow. Hubbards is the midway point between Halifax and Bridgewater and being across the county line affords lower taxes. Its only natural to see the exit 6 area explode in the coming decades as the population grows in line with the Provincial governments intent to have a doubling of the current 1 million Nova Scotians by 2060. Hubbards natural beauty and natural amenities have long drawn travellers and vacationers to the community. Over the last 30 years the community has been in decline due to out migration in search of jobs and the closure of the former CFB Mill Cove and the downturn in the fishery. Lets hope that Hubbards becomes the hot spot for growth and development in a planned way as time goes by. Thank you for accepting this email in support of any proposed development in the Hubbards area and the MODC in general. Regards Philip Publicover 2