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2023-09-14_Public Hearing Package.pdf
MUNICIPALITY OF THE DISTRICT OF CHESTER A G E N D A PUBLIC HEARING Consideration of amendments to the Chester Municipal Land Use By-law to rezone properties on Sawler Lake from the Mixed Use Zone to the Lakeside Zone. The Lakeside Zone will begin at the Ordinary High Water Mark and extend 20m inland. 14 September 2023, 8:45 a.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 a. Samuel Lamey, Municipal Solicitor 3. OVERVIEW BY PLANNER a. Location and nature of proposal b. Municipal Planning Strategy c. Outstanding Concerns d. Summary of Advertisements and Meetings related to the rezoning e. Recommendations i. Draft LUB Map Amendments 4. PRESENTATION BY DEVELOPER/APPLICANT a. Jeffery and Andrew Burchill 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: 14 September 2023 SUBJECT: 2023-362 MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors that Council give first reading to the amendment to rezone properties on Sawler Lake to the Lakeside Zone with the zone beginning at the ordinary High Water Mark and extending 20m inland. And further set a public hearing date on September 14, 2023 beginning at 8:45 a.m. in the Municipal Council Chambers. ALL IN FAVOUR. MOTION CARRIED. (A) DETAILS OF PROPOSED AMENDMENTS Request from: Letter of request submitted by Jeff Aucoin on beh alf of Jeffery and Andrew Burchell requesting rezoning from Mixed Use Zone to Lakeside Zone dated February 8, 2023. Request date: February 8, 2023 per the date of the letter from Jeff Aucoin. Nature of amendments: Be it enacted by the Council of the Municipality of Chester to amend the Municipal Land Use By-law Zoning Map as Follows: Rezone properties bordering Sawler Lake within the Municipality of Chester from Mixed Use to Lakeside Zone. The extent of the Lakeside Zone shall begin at the Ordinary High Water Mark and extend 20 m inland. Purpose of amendments: The Lakeside Zone was created to protect residential character through prohibition of commercial uses and introduce basic environmental protections for development near a waterbody. The current proposal is to rezone all properties around Sawler Lake that are within the Municipality of Chester to the Lakeside Zone and that the Lakeside Zone will begin at the Ordinary High Water Mark and extend 20m inland. (B) MEETING DATES March 9, 2023 – Request to Council and direction to staff May 10, 2023 – Public Information Meeting May 17, 2023 – Municipal Planning Advisory Committee Meeting June 8, 2023 – 1st Reading (deferred decision) July 27, 2023 – 1st Reading Council considered the staff report and gave 1st Reading to the draft amendments September 14, 2023 – Public Hearing (C) DOCUMENTATION Reports: March 9, 2023: Request for Direction – Application to Rezone Sawler Lake May 17 2023 – Staff Report: Rezone Sherbrooke Lake to Lakeside Zone June 8, 2023 – Staff Report: Updated for Council 1st Reading (decision deferred) July 27, 2023 – Staff Report: Update #2 for Council 1st Reading Advertisements (Progress Bulletin): May 3, 2023: Notice of Public Information Meeting May 10, 2023: Notice of Municipal Area Advisory Committee Meeting August 30, 2023: Notice of Public Hearing (1st Notice) September 6, 2023: Notice of Public Hearing (2nd Notice) Other notifications: April 18, 2023 – Early Notice to HRM (by email) August 22, 2023 – Notice of Public Hearing to: o Halifax Regional Municipality August 22, 2023 – Neighbour Notification Package sent to 28 properties (all those proposed to be rezoned and those within 30m of a property proposed to be rezoned) Copies of all Progress Bulletin Advertisements posted on Municipal Website and Municipal Office doors Social Media postings Fees paid: $300 LUB Amendment Fee and $500 Advertising Deposit received April 11, 2023 (D) WRITTEN SUBMISSIONS RECEIVED PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: July 27, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Land Use By-law Amendment – Request to rezone Sawler Lake to Lakeside Zone Date: July 10, 2023 Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: Date: Authorized by: Tara Maguire, CAO APPLICATION OVERVIEW Applicant: Jeffery & Andrew Burchell Zone: Mixed Use & Settlement Residential Two Proposal: Rezone properties (8 in total) on Sawler Lake to Lakeside Zone Rezoning Required: X Yes _ _ No __ N/A Location: Hubbards Neighbour Notification: Direct notice to neighbouring properties will be sent to advise of the Public Hearing, a sign will also be posted on the site with the same information. RECOMMENDED MOTION Staff recommend Option 2: 2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. AND further set a date for a Public Hearing on July 6 th, 2023 beginning at 8:45 am in Municipal Council Chambers; CURRENT SITUATION July 10, 2023 – UPDATE: At the June 8 Council meeting, Municipal Council deferred making a decision on a request to rezone lands on Sawler Lake to the Lakeside Zone. The reason for the deferral was in response to a letter submitted by Larex Management Ltd. (Appendix C) The letter was requesting Council defer a decision until a meeting between staff and Larex Management Ltd. could occur. On June 26th staff met with Larex Management Ltd. and a productive Figure 1 - showing properties requested to be rezoned to Lakeside Zone (in purple). 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 discussion was held. It is the intent of Larex Management Ltd. to submit a subdivision application for PID 60422888, which will include deeding a portion of the waterfront to the Municipality as part of the required open space dedication. It was noted that Larex Management was in favour of the Municipality creating a public park on this land. While there was broad agreement, no formal agreements are in place, and this remains only a verbal commitment. A letter (Appendix D) was also received from Jeff Aucoin, legal representative for the Applicant, dated July 4, 2023. The letter states that the Applicant is in favour of the public park concept and is requesting that Council form a sub-committee to oversee the park creation process. Following the meeting and letters submitted, staff do not feel that there is any substantial change in the original request to rezone and subsequent findings presented in the initial report. As there is no formal agreement, and it was made clear that Larex Management Ltd. intends to retain a portion of private waterfront, there is effectively no change from the initial conditions presented on June 8, 2023. PID 60422888 is within the area proposed for rezoning and current information would indicate that the future use is a public park as well as private waterfront access that could be used for any use permitted in the Mixed Use Zone. DISCUSSION Second Request for Lakeside Zone The current request to implement the Lakeside (LS) Zone on properties near Sawler Lake follows the successful application of the Lakeside Zone to properties on Sherbrooke Lake in 2022. Sherbrooke Lake is also split by a Municipal Boundary line with the District of Lunenburg and only the properties within the District of Chester were rezoned to Lakeside Zone. The Lakeside Zone is designed and intended to protect water quality and support a low-density residential living environment. However, there are complicating factors, including the proximity of Highway 103, current twinning activity and the construction of a new cottage road to access properties in HRM on Sawler Lake that will access Mill Lake Road and be built at the edge of Sawler Lake. The following excerpt from the Municipal Planning Strategy outlines the intent and policy goals of the Lakeside Zone: The lakeside (LS) zone is intended to provide opportunities for low-density development, fresh water related recreation, leisure activities, and habitation to reduce the need to clear large areas of the lakeshore for development and to reduce the number of septic systems. This is intended for existing developed areas surrounding lakes as well as areas for future development. POLICY GOALS: The primary purpose of the Lakeside (LS) zone is to protect water quality To safeguard essential character of lakefront residential areas To prohibit commercial and industrial uses To provide for and protect lakefront residential communities comprised of detached, single- family homes and residential use type compatible with quiet, family-living environment. To enable low density residential development on lands surrounding lakes while protecting the sensitive riparian environment. 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 To provide flexibility to recognize the pre-existing development patterns and the hardship of strict limitations on property owners. To protect lake water quality in the Lakeside (LS) zone shall take priority in the event of a conflict between residential and recreational uses with lake water quality. Existing and Surrounding Land Uses All of the properties proposed for rezoning are currently undeveloped. The Applicant’s property (PID 60593043) is split, with approximately half the lot in HRM and half in Chester. It should be noted that the Applicant and owners with the same family name own a number of developed lots in residential use that are located just north of the Municipal Boundary with HRM. These developed lots would not be subject to the Lakeside Zone as they are outside of the Municipality. As noted, one of the larger parcels proposed for rezoning (PID 60422888) has recently been rezoned by Council in support of a planned commercial development (Figure 2). This lot is currently being cleared and site work appears to be underway in support of the planned development. The application of the Lakeside Zone has the potential to unequally impact this lot and proposed development when compared with the remaining parcels proposed for rezoning. Municipal staff are not aware of planned development in the area, with the exception of the proposed commercial development on PID 60422888. Properties not directly impacted, but in the vicinity of the proposed rezoning area include low density residential development along Mill Lake Road, continuing in a rural subdivision pattern north toward Mill Lake. Other surrounding properties are vacant and undeveloped, either being held or used for resource activity. Directly south of Sawler Lake the Provincial Highway 103, which is currently being twinned, is located approximately 30 m from the lake (Figure 3). The twinning work includes the creation of a new traffic lane on the opposite side of the existing highway as Sawler Lake. Additionally, a small private road, Sawler Lake Road, is being rerouted and will now run parallel to Highway 103 between Sawler Lake and Figure 3 – Showing new Sawler Lake Road within 20m of Sawler Lake and edge of existing Highway 103 being approximately 30m from Sawler Lake Figure 2 - Showing Hwy 103 Construction (left) and Site Work and Clearing on PID 60422888 Site Rezoned for Commercial Development (right) 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 Highway 103. This new access road is being constructed by the Province to provide access to existing cottages located in HRM on Sawler Lake, who will now access the lots via Mill Lake Road. The edge of the new Sawler Lake Road is estimated to be within 20 m of Sawler Lake. The highway twinning work is required to comply with environmental standards and Provincial regulations regarding working near a waterbody or watercourse, however, the exact impacts of the highway twinning on Sawler Lake are unknown (Figure 4). When construction is complete, it can be reasonably anticipated that runoff to the lake will worsen due to the increase in hard surfaces, proximity, and reduced buffer area as a result of this road work (previously existing trees and vegetation have been cleared and infill of the lake appears to have been done in support of the road work) and ongoing maintenance including seasonal treatment (salting and sanding). Lakefront Overlay (existing protection) Sawler Lake, as with all lakes in the Municipality identified on Schedule “B” of the Municipal Land Use By-law, has existing environmental protections provided by the Lakefront Overlay. This includes a 20m setback for main buildings from the Ordinary High Water Mark and limitations on hard surfaces (buildings, pavement etc) within the 20m area adjacent to the lake. It should be noted that the Provincial Highway construction work is not required to comply with Municipal permitting regulations. The Lakefront Overlay was established during the previous Plan Review process and deemed appropriate for widespread application as shown on Schedule “B” of the Land Use By-law. In contrast, the Lakeside Zone was created following adoption of the new Municipal Planning Strategy and Land Use By-law, as a result of several requests that stated the Lakefront Overlay was insufficient in protecting water quality and a low-density residential living environment. When debating the creation and application of the Lakeside Zone, Council, with the understanding that the Lakefront Overlay remains in effect on all lakes, felt that application of the Lakeside Zone should not be done in as wide-spread a manner, but considered on a lake-by-lake basis with the appropriate depth of the zone not dictated by policy, but rather determined based on site-specific conditions each time the Lakeside Zone is being considered for application. Determining an Appropriate Depth for the Lakeside Zone (Sawler Lake) As provided for in the Municipal Planning Strategy and Land Use By-law, the Lakeside Zone is intended to be applied at a depth appropriate for the lake and local area to which it is being applied. MPS policies include consideration of criteria such as lot size, proximity to public roads, existing community character and other local contextual features. Figure 4 - Evidence of sedimentation during road construction. Berm in place but not maintained. 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 Each time the Lakeside Zone is considered for application, relevant policies are reviewed, and analysis of the lake and surrounding area is conducted to inform the recommended depth of the zone for that lake. In the case of Sawler Lake there are multiple complicating factors that deserve consideration. Location and Authority As noted in this report, Sawler Lake is divided between the Municipality of Chester and Halifax Regional Municipality. While this does not exempt the lake from consideration, of the total lake area 673,319.97 sq. meters, only 63,639.35 sq. meters or 9.54% of the lake is within the Municipality of Chester. This means that of the total properties bordering Sawler Lake, only 10 PIDs would be impacted by this change. Review of existing development patterns and a site visit confirm that all existing structures are located within HRM and therefore would not be subject to the Lakeside Zone if applied. Proximity to Highway 103, Twinning Expansion and Sawler Lake Road When considering whether the Lakeside Zone is appropriate for application to Sawler Lake, the impacts of the ongoing Highway 103 twinning work are important factors. During a site visit, staff measured a distance of 30 m between the edge of the current Highway and Sawler Lake. The rerouted Sawler Lake Road will be located between the existing Highway 103 and Sawler Lake, with the edge of Sawler Lake Road estimated to be between 15 – 20 m from the water’s edge (figure 3). This area will be unimpacted by the application of the Lakeside Zone and has potential to be an ongoing source of sedimentation and runoff (fuel, oil, salt etc.) for the foreseeable future. While this source of potential contamination does not preclude Sawler Lake from being rezoned to the Lakeside Zone, the efficacy of implementing the zone is likely to be diminished as this work is outside Municipal authority or control. Figure 5 - Portion of Sawler Lake within Municipality of Chester 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 Topography The lands surrounding the Southwestern portion of Sawler Lake (those within the Municipality of Chester) are generally sloped toward the lake. The main ridgeline appears to run approximately 100 m from the Ordinary High Water Mark. Figure 5 shows the edge of Sawler Lake (left) and the sloping topography to the right side of the photo. The photo location is at the North edge of PID 60422888 where it meets Sawler Lake and also shows partial clearing to the lakeshore. If there is a desire to proceed with rezoning of the subject lands to the Lakeside Zone, a decision is need on the appropriate depth for the zone. Based on the identified issues and challenges discussed, staff offer the following for consideration. 1) Apply the Lakeside Zone at a depth of 20 m from the Ordinary High Water Mark. This approach would mirror the distance of the existing Lakefront Overlay protections. Application of the Lakeside Zone would require the maintenance of a vegetated buffer and prevent commercial uses from accessing Sawler Lake. The Lakeside Zone at 20 m would not cause new development to be set back further from the Lake, as the Lakefront Overlay already includes a 20 m setback. 2) Apply the Lakeside Zone at a depth of 30 m from the Ordinary High Water Mark. This approach would apply the Lakeside Zone slightly beyond the Lakefront Overlay protections. 30 m may be appropriate as that is the approximate distance from Highway 103 to the lake. Applying the Lakeside Zone at a depth beyond 30 m would include both the new Sawler Lake Road and Highway 103. Figure 6 - North Point of PID 60422888 at edge of Sawler Lake, partial clearing shown on right 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 3) Apply the Lakeside Zone at a depth of 100 m from the Ordinary High Water Mark. This approach would be based primarily on the location of the slope which runs toward the lake (Figure 7). While not aligned exactly to a contour line, this approach would ensure that most development on the slope leading to the lake is limited to low density residential development. The 10 m vegetated buffer would be the same as the options above, but with greater depth of the Lakeside Zone, there would be an increased setback for commercial or industrial uses to be at minimum 100 m from the lake as they are not permitted in the Lakeside Zone. While not prohibited by policy, questions may arise as to the effectiveness of the Lakeside Zone if the zoned area includes a major 100 series highway. While a depth beyond 30 m would apply to all privately owned land, consideration should be given to whether this approach is prudent and equitable. 4) Apply the Lakeside Zone at a depth beyond 100 m (please specify) from the Ordinary High Water Mark. This option is not recommended as there is little basis or argument to extend the zone beyond the land significantly sloping toward Sawler Lake. While a detailed watershed study could be undertaken to determine an exact boundary where land drains to Sawler Lake, this level of detail is not warranted given the complicating factors, including Highway 103, discussed previously. This Figure 7 - Contour lines and Coloured Bands in 100m intervals 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 option would also have the most impact on the proposed commercial development on PID 60422888. 5) Maintain existing protections (Lakefront Overlay). Following review of the information and considerations presented in this report, this approach would conclude that Sawler Lake is not an ideal candidate for the Lakeside Zone. This is due to a variety of factors including the proximity of Highway 103, small proportion of the lake located within MOC, lack of increased zoning or protection for all developed properties located in HRM, no evidence of support from other landowners in the affected area and the potential impacts and limitations to the proposed commercial development for which Council recently approved a rezoning of PID 60422888 (Figure 8). 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 Review 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; While the proposal generally is in keeping with policy statements, there are a number of policy statements where staff have concerns on the effectiveness, compatibility and appropriateness of the Lakeside Zone for application to properties on Sawler Lake. b) that the amendment conforms to all relevant Municipal By-laws; The request to rezone a portion of lots on Sawler Lake has not been determined to be in violation of any Municipal By-laws. c) that the applicable public consultation program has been followed and residents’ opinions have been carefully considered; This file is following the approved Public Participation Program outlined in the Municipal Planning Strategy. This report will be updated as the file advances to include the results of the Public Information Meeting and Municipal Planning Advisory Meeting. d) that the amendment is in the best interest of the Municipality. Staff do not feel that the application of the Lakeside Zone to the 10 PIDs on Sawler Lake is in the best interest of the Municipality as discussed in this report. In addition to having little chance of improving water quality, there is no existing development pattern to maintain or protect. Further the site is subject to a recent rezoning done in support of a proposed commercial development. Application of the Lakeside Zone at any depth will likely impact those plans, and at a larger depth could have significant impacts on the proposed commercial site. The application is from an individual who has a developed property in HRM and a portion of a vacant lot split between HRM and Chester. To date no evidence has been provided showing support from other property owners in the area proposed to be rezoned. Staff believe that the existing Lakefront Overlay is the appropriate level of regulation for Sawler Lake given the circumstances outlined. Opportunities for well managed development around select lakes is desirable from a resident and economic development perspective. It is prudent of Council to identify where strict environmental protections and community character warrants further protection and other areas where careful development will provide opportunities for growth and public water access without severely limiting commercial potential. 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-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. The Lakeside Zone permits a limited list of residential uses, including home based businesses. Commercial and Industrial uses are prohibited. The rezoning does not contemplate a specific development but would facilitate low density residential development around Sawler Lake. Policy A-34 Applications for a Land Use By-law amendment shall show: a) the location, area, and dimensions of the subject property; The request is seeking application of the Lakeside Zone to an unspecified depth, impacting properties within the Municipality of Chester near Sawler Lake. Staff calculate a total of ten potentially impacted properties. b) the proposed location, dimensions, height, and proposed use of all buildings; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. c) the means by which the site is to be serviced by sanitary and storm sewers, water, electrical service and other utilities; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. d) the location of any parking stalls, driveways, walkways, lighting, fencing, refuse containers, and snow storage; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. e) landscaping elements including existing and proposed shrubs and trees; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. f) architectural features where such features are regulated by the planning document; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. g) additional reports or environmental studies as requested by the Municipality. None called for at this time. 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; The lots requested for rezoning are currently undeveloped. Council has recently rezoned PID 60422888 to be fully within the Mixed Use Zone, in support of a planned multi-year commercial development. It may be possible to apply the Lakeside Zone in a manner that does not significantly interfere with the planned commercial development, however, the effectiveness of the zone given the other criteria discussed in the report may come into question. There is no current development on the subject properties, therefore there is no existing development or settlement pattern, except for the existing lot configuration resulting from subdivision in the past. 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 b) compatibility of the development, and potential developments, with adjacent properties in terms of size, lot coverage and density; Not applicable. The Lakeside Zone would be applied evenly to all lots within the specified distance of Sawler Lake. c) potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise; All properties within the area proposed to be rezoned may be subject to noise and lighting from Highway 103. Additionally, the proposed commercial development may increase traffic flow and activity on the site. The Lakeside Zone is intended to promote low density residential development, which could have the potential to create conflicts with the proposed commercial development. The current Mixed Use Zone also permits residential use, in addition to options for commercial and light industrial uses. The Lakeside Zone is specific in describing a quiet, low density residential environment, which the subject site may not be appropriate. d) the adequacy of sewer services, water services, waste management services and stormwater management practices; Not applicable. e) efficient use of existing and new municipal infrastructure; The site proposed for rezoning is currently undeveloped and does not have direct road access or access to a Municipal Wastewater System. f) proximity to and impact on heritage sites and archaeological sites; Not applicable. g) the proximity and capacity of schools; Not applicable. h) the adequacy and proximity of recreation and facilities; Not applicable. i) the adequacy of the road network in, adjacent to, or leading to the development; The area proposed to be rezoned does not currently have road access. Staff understand that a new Sawler Lake Road will be created adjacent to Highway 103, which will provide access to PID 60422888 and may provide indirect access to other lots within the proposed rezoning area. The new Sawler Lake Road is being constructed by NS Public Works as part of the Highway 103 Twinning work. j) the potential for erosion or for the contamination or sedimentation of watercourses; As noted in this report, Highway 103 and Sawler Lake Road construction appear to be impacting Sawler Lake currently. The Lakeside Zone does include requirements to maintain a vegetated buffer within 10 m of the Ordinary High Water Mark. The buffer is intended to reduce, absorb and slow overland flow from reaching Sawler Lake and depositing nutrients, sediment and other pollutants. Regardless of the extent chosen for the Lakeside Zone, there is no authority for the Municipality to address the concerns and proximity of Highway 103 and the new 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 Sawler Lake Road (while the land will be shown as zoned, Municipal authority does not require the Province to adhere to the provisions of the Land Use By-law). As a result, it is anticipated that sedimentation and runoff from Highway 103 and Sawler Lake Road will continue to impact the Lake into the future. The Mixed Use Zone does not have a requirement to maintain a vegetated buffer. Large residential, commercial and industrial developments, as outlined in the Municipal Land Use By-law must meet the Stormwater Standard through engineering and other means. k) environmental impacts such as air and water pollution and soil contamination; The stated reason for the requested rezoning is to protect Sawler Lake from the impacts of Highway and proposed commercial development. As noted, Municipal authority will prevent any meaningful action from being taken to address runoff and pollution from the Provincial highway. Additionally, only the 10 PIDs located in the Municipality of Chester are proposed to have the Lakeside Zone applied. All other properties located in HRM are not subject to the Lakeside Zone. l) previous uses of the site which may have caused soil or groundwater contamination; No previous uses are known or cause for concern. m) suitability of the site in terms of grades, soil and bedrock conditions, location of watercourses, water bodies or wetlands; The lots proposed for rezoning to the Lakeside Zone, are generally sloping toward Sawler Lake from West to East. There is a small watercourse which runs through several of the impacted properties and flows into Sawler Lake. No impacts are anticipated regarding suitability of the site for application of the Lakeside Zone. n) the ability of emergency services to respond to an emergency at the location of the proposed development; Not applicable. o) the proposal and the proposed zone support the intent of this strategy; and While the proposal appears to be mainly in keeping with the intent of the Municipal Planning Strategy, there are concerns with the compatibility between the Lakeside Zone, the Mixed Use Zone, the proposed commercial development and the proximity to Highway 103. The Mixed Use Zone is likely more appropriate given the variety of activities and level of development anticipated in this area. p) the financial ability of the Municipality to absorb any costs relating to the amendment. No costs are anticipated whether the request is accepted or rejected. 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 MPAC MEETING On May 17, 2023, staff presented a report and request for rezoning to members of the Municipal Planning Advisory Committee. Following discussion and consideration the committee passed the following motion: MOVED by Hugh Harper, SECONDED by Carol Nauss THAT the Municipal Planning Advisory Committee recommend that Council give 1st reading to the request to rezone properties that border Sawler Lake to Lakeside Zone, and further, that the Lakeside Zone be applied beginning at the Ordinary High Water Mark and extending 20m inland. CARRIED. No members of the public attended the MPAC meeting. OPTIONS The Municipal Planning Advisory Committee recommends Option 1, staff recommend Option 2: 1. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone with the zone beginning at the Ordinary High Water Mark and extending 20m inland. AND further set a date for a Public Hearing on August 27th, 2023 beginning at 8:45 am in Municipal Council Chambers; 2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. 3. Other, please specify. IMPLICATIONS By-Law/Policy Identify links/references to/impacts on any MOC By-Law or Policy. Financial/budgetary No significant budget implication are anticipated. Environmental The nature of the request relates to implementing additional environmental protections for the portion of Sawler Lake that is within the Municipality of Chester. The efficacy and impact of implementing these protections is unknown due to the factors discussed in this report. Regardless of the decision made relating to this request, the Lakefront Overlay will remain in effect for Sawler Lake. Strategic Priorities Given the factors and circumstances discussed in this report, staff do not feel that the request to rezone a portion of lots on Sawler Lake to the Lakeside Zone will assist the Municipality in advancing its Priority Outcomes of the 2021-24 Strategic Priorities Framework. Work Program Implications No significant impacts, other than staff time, are expected to be required regardless of the direction from Council. Has Legal review been completed? ___ Yes X No __ N/A 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 COMMUNICATIONS (INTERNAL/EXTERNAL) In keeping with the Public Participation Program of the Municipality, a Public Information Meeting was held on May 10th The file will then be presented to the Municipal Planning Advisory Committee for consideration Council will then give 1st Reading and set a date for a Public Hearing Notice will be posted on the site and mailed to all impacted owners and those within 30m of the subject properties Public Hearing will be held, followed by a Council vote All meetings are advertised in the Progress Bulletin, on the Municipal Website and posted to Municipal Office doors. ATTACHMENTS Appendix A – Letter of Request from Jeff Aucoin Appendix B – Public Information Meeting Report Appendix C – Letter dated June 5, 2023 – Larex Management Ltd. – Request to defer decision Appendix D – Letter dated July 4, 2023 – Jeff Aucoin – Response to Request to defer decision VCINNES COOPER Our File: 224028 February 8, 2023 The Municipality of Chester Council 151 King Street P© Box 369 Chester, NS BOJ 1 JO Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoinr mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower . Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 , Fax +1 (902) 425 6350 Dear Warden and Council Members: Re: Application to Establish Lakeside Zone at Sawler Lake I represent a collection of landowners on Sawler Lake who are seeking a zoning amendment. The amendment being sought only applies to the properties in the Chester Municipality. Enclosed you will find a completed Application to amend the zoning around Sawler Lake to have this area designated as a lakeside zone pursuant to Section 9.4 of the Chester Land Use Bylaws. We understand that this Application requires a fee of $500 as well as a $500 advertising deposit. We ask that Council please consider, based on our particular situation as a group, waiving the requirement for these fees and deposits on the basis that this Application will help to protect the Sawler Lake area and allow the historical usage of the land by property owners to continue. The benefits of a change to lakeside zoning for the Sawler Lake area are numerous, however we believe that the most important reason the designation should be considered by Council is the environmental protection of Sawler Lake. Of particular relevance to this issue is Section 6.3 - Lakefront Overlay in the Municipality of Chester's Municipal Planning Strategy which states in part: Lakefront and cottage developments add to the vibrancy and economy of rural areas. The enjoyment and attractiveness of lakes, however, depends on clean water. Unregulated development practices near lakes can damage water quality. The Municipality wants to ensure development protects the water quality of our lakes. Within Section 6.3, policies E16 to E23 all confirm the importance of this issue. Recent development including new highway lanes and service roads near the lake make the need to protect this area is even more critical. Potential issues include parking lot runoff from development near Exit 6, landscaped areas at Exit 6 that will be fertilized and have the potential for fertilizer and chemical runoffs into the lake and the dangerous risk of blue-green algae. (40453630_1) mcinnescooper.com MCINNES COOPER Page 2 224028 February 8, 2023 Blue-green algae (also called cyanobacteria) occurs naturally in surface waters like lakes, ponds, rivers and streams. Toxins and blue-green algae can make people sick and can be fatal for pets if ingested. The presence of blue-green algae will immediately result in the stoppage of any use of the water including swimming, recreational activities or drinking, A key contributing factor to the growth of blue-green algae is the amount of available nutrients such as phosphorus and nitrogen. Blue-green algae blooms can be caused by agricultural and stormwater water runoff, as well as leaching from septic systems. My clients are extremely worried about the potential environmental impacts on Bawler Lake, particularly with respect to blue-green algae. My clients are hopeful that it will receive the strongest support from Council on this issue and that the enclosed application will be approved. My clients would be happy to provide any further information required. Yours very truly, JANUPRO Attach. (40453630_1) Public Information Meeting: Request to Rezone a Portion of Properties on Sawler Lake to Lakeside Zone Wednesday, May 10, 2023 Hubbard Lions Club Meeting Notes Attendance: MOC Staff: Garth Sturtevant & Chad Haugh Applicant: Andrew Burchell Public: 7 members of the public were in attendance The Senior Planner opened the meeting at 7:03 pm and provided an overview of the application for a Land Use By-law amendment. Slides were reviewed regarding the area proposed for rezoning, the content and regulations of the Lakeside Zone, the process and policies that must be considered for a rezoning and the expected timeline and process to come. Following this, the floor was opened to questions and comments. Andrew Burchell, the Applicant, made gave brief remarks as to the reasoning for the rezoning request. Andrew began by thanking Council and staff for considering the rezone request. He and his brother are third generation residents on the lake. They are applying on behalf of other lake residents. They are familiar with the process that resulted in Sherbrooke Lake being rezoned and wish the same for Sawler Lake. Sawler Lake drains to Dorey Lake and ultimately to Hubbards Cove, it is important to protect the lake water quality from the impacts of new development. He is supportive of growth, but believe that the rezone will assist in protecting the lake. Questions and Comments: Q If the rezoning is approved, would the regulations and setbacks apply to the proposed commercial use, since it hasn’t yet begun construction? A Yes, the regulations in the Lakeside Zone would apply, presuming the rezoning is finalized prior to permits being issued for the proposed commercial development P a g e | 2 C The proposed nearby commercial development will create runoff from pavement and parking areas, not in support of the commercial development and in favour of the request to rezone to the Lakeside Zone. Q What triggered this rezoning? Assuming there is something proposed or going on? A It was a response to the request of the Applicant who asked Council to consider rezoning Sawler Lake. There is a proposed commercial development which has generated interest and concern in the community and may have prompted the applicant to act in requesting the rezoning. C Having a buffer between the lake and the development is a good idea Q The large piece of land that has been recently rezoned to Mixed Use Zone, what size of development is planned? A While no permits have been issued, the proposal included a substantial commercial development including gas bar, restaurant and grocery store. There are still many unknowns as subdivision of the lot into multiple lots would affect the size and process for developing the land. Q How do property owners and members of the community find out about the progress of the application? A There is a mail-out for all affected properties as well as those within 100 ft of an affected property. This notice is sent in advance of the Public Hearing in addition to newspaper ads, website and social media postings. Q What was the depth of the Lakeside Zone that was applied to Sherbrooke Lake? A The final decision for Sherbrooke Lake was 300m beginning at the Ordinary High Water Mark. Q Will a slope map for the lands around Sawler Lake be shown or included in considerations? A Yes, slope is one of the criteria that are evaluated as part of the request to rezone to Lakeside Zone. A slope map is included in the staff report that will become public following the MPAC meeting scheduled for May 17th. Q What is the expected timeline for the rezoning file? A With the file going to MPAC on May 17th, we would expect 1st reading in late May or early June, with a Public Hearing likely by the end of June. The meeting was adjourned at 7:40 pm. To: Council; Municipality of The District of Chester, NS From: Larex Management Ltd., on behalf of Stillrock Real Estate Developments Date: June 5, 2023 Subject: REQUEST TO POSTPONE; Re Sawler Lake - Lakeside Zone Rezone Request As owners of PID# 60433888 and effectively one of only four or five property owners directly affected by this proposal to rezone a portion of the lands abutting Sawler Lake to the lakeside zone, we formally would like to request a deferral/postponement of the first hearing of the motion until we have put forward our subdivision proposal, which will include our intent to dedicate parkland with direct lakefront access. We believe that there is an extraordinary opportunity to provide a public park and direct lakefront access given the work Nova Scotia department of Public Works (NSDPW) has done with twinning of Highway 103 and the new Sawler Lake access road, abutting Sawler Lake. We envision this public parkland to have direct access from the Sawler Lake Road, and direct lake frontage on Sawler Lake. We are currently engaged with staff on this matter, and we believe we will be meeting with the appropriate staff during the week of June 19-23. Following this, it would be our intent to finalize a plan in a timely manner. We are therefore requesting you defer the request to rezone until such time that staff review our plans and determine if this area for parkland dedication aligns with the district and the municipalities’ long- term objectives. Sincerely James Boudreau Vice President, Larex Management Ltd. On behalf of, Stillrock Real Estate Developments 5531 Young Street, Suite 200 |Halifax, NS | B3K 1Z7 | (P) 902.454.2000 mcinnescooper.com Our File: 224028 July 4, 2023 BY E-MAIL: gsturtevant@chester.ca Mr. Garth Sturtevant Senior Planner Community Development & Recreation Municipality of Chester 186 Central Street Chester NS B0J 1J0 Dear Mr. Sturtevant: Re: Request to Rezone Properties on Sawler Lake We represent Jeff and Andrew Burchell and a collection of landowners on Sawler Lake who are seeking a zoning amendment to establish of a lakeside zone around Sawler Lake. Your June 13, 2023 e-mail to Mr. Burchell has been forwarded to me. Your letter attached a June 5, 2023 letter from James Boudreau, Vice-President of Larex Management Ltd. who wrote on behalf of Stillrock Real Estate Developments. Larex has requested that the request to rezone is deferred until Larex’s plans have been reviewed. Larex is proposing providing a public park with direct lake footage on Sawler Lake. My clients were thrilled to see Larex’s commitment to the Municipality and their commitment to provide a public park space. We believe that this would align perfectly with the vision of the Hubbards Streetscape Project who we have copied. We suggest that the Municipality of Chester strike a sub-committee under the Planning Department to help make Larex’s park and the establishment of a lakeside zone around Sawler Lake a reality. My clients, the Burchells, would be happy to volunteer to participate in the sub- committee and would also be willing to consider a monetary donation to help establish the committee. Larex’s commitment to pay for and maintain a public park is very generous and my clients look forward to working with them and the Municipality to provide a lakeside zone and park on Sawler Lake and a commitment to have it maintained in a first-class manner into the future. Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoin@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 MCINNES COOPER Page 2 224028 July 4, 2023 (41515640_1) My clients welcome the opportunity to discuss this with you. Yours very truly, Jeff Aucoin JA/co c. Hubbards Streetscape Project (By E-mail: hubbardsstreetscapeproject@gmail.com) Larex Management Ltd. (By E-mail: karen@larex.ns.ca) Municipality of Chester Council (By E-mail: council@chester.ca) Andrew Burchell (By E-mail: aburchell44@hotmail.com) Jeff Burchell (By E-mail: jeffjburchell@gmail.com) #41515640 VCINNES COOPER Our File: 224028 February 8, 2023 The Municipality of Chester Council 151 King Street P© Box 369 Chester, NS BOJ 1 JO Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoinr mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower . Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 , Fax +1 (902) 425 6350 Dear Warden and Council Members: Re: Application to Establish Lakeside Zone at Sawler Lake I represent a collection of landowners on Sawler Lake who are seeking a zoning amendment. The amendment being sought only applies to the properties in the Chester Municipality. Enclosed you will find a completed Application to amend the zoning around Sawler Lake to have this area designated as a lakeside zone pursuant to Section 9.4 of the Chester Land Use Bylaws. We understand that this Application requires a fee of $500 as well as a $500 advertising deposit. We ask that Council please consider, based on our particular situation as a group, waiving the requirement for these fees and deposits on the basis that this Application will help to protect the Sawler Lake area and allow the historical usage of the land by property owners to continue. The benefits of a change to lakeside zoning for the Sawler Lake area are numerous, however we believe that the most important reason the designation should be considered by Council is the environmental protection of Sawler Lake. Of particular relevance to this issue is Section 6.3 - Lakefront Overlay in the Municipality of Chester's Municipal Planning Strategy which states in part: Lakefront and cottage developments add to the vibrancy and economy of rural areas. The enjoyment and attractiveness of lakes, however, depends on clean water. Unregulated development practices near lakes can damage water quality. The Municipality wants to ensure development protects the water quality of our lakes. Within Section 6.3, policies E16 to E23 all confirm the importance of this issue. Recent development including new highway lanes and service roads near the lake make the need to protect this area is even more critical. Potential issues include parking lot runoff from development near Exit 6, landscaped areas at Exit 6 that will be fertilized and have the potential for fertilizer and chemical runoffs into the lake and the dangerous risk of blue-green algae. (40453630_1) mcinnescooper.com MCINNES COOPER Page 2 224028 February 8, 2023 Blue-green algae (also called cyanobacteria) occurs naturally in surface waters like lakes, ponds, rivers and streams. Toxins and blue-green algae can make people sick and can be fatal for pets if ingested. The presence of blue-green algae will immediately result in the stoppage of any use of the water including swimming, recreational activities or drinking, A key contributing factor to the growth of blue-green algae is the amount of available nutrients such as phosphorus and nitrogen. Blue-green algae blooms can be caused by agricultural and stormwater water runoff, as well as leaching from septic systems. My clients are extremely worried about the potential environmental impacts on Bawler Lake, particularly with respect to blue-green algae. My clients are hopeful that it will receive the strongest support from Council on this issue and that the enclosed application will be approved. My clients would be happy to provide any further information required. Yours very truly, JANUPRO Attach. (40453630_1)