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Home My Public Portal AboutPH A 2014-01-30_Housekeeping AmendmentsMUNICIPALITY OF THE DISTRICT OF CHESTER A G E N D A PUBLIC HEARING Chester Village Area “Housekeeping” Amendments to Chester Village Area Land Use By-law 30 January 2014 8:45 a.m. Chester Municipal Council Chambers ______________________________________________________________________________________________________________________ 1) CALL TO ORDER (CHAIRMAN) a) The Agenda b) General Rules of Conduct c) Council’s decision governed by Chester Village Area Revised Secondary Planning Strategy 2) REPORT OF THE CLERK a) Applicant, application date, and nature of application b) Meetings: Planning Advisory Committee, Council, Public Participation Program c) Documentation: Reports, advertisements, fees paid (if applicable) d) Written submissions received 3) COMMENTS BY SOLICITOR 4) OVERVIEW BY PLANNER a) Location and nature of proposed housekeeping amendments b) Land Use By-law c) Outstanding concerns d) Recommendations 5) COMMENTS BY THE PUBLIC ON THE PROPOSAL a) Those in favour b) Those opposed c) Any other comments 6) CLOSING REMARKS (CHAIRMAN) a) Next step: decision by Council b) Right of appeal on the part of applicant or public 7) DECISION OF COUNCIL / DEFERMENT OF DECISION MUNICIPALITY OF THE DISTRICT OF CHESTER R E P O R T DATE: 28 January 2014 TO: Erin Beaudin, CAO FROM: Pam Myra, Municipal Clerk DEPARTMENT: Administration and Tax Department SUBJECT: “Housekeeping” Amendments to Chester Village Area Land Use By-law ______________________________________________________________________________________________________________________ (A) DETAILS OF PROPOSED AMENDMENTS Request from: Community Development Department, MODC Request dates (see below for explanation of items): Items (1) and (2): 12 December 2013 in a meeting of Council (by staff memo) Item (3): 2 January 2014 in a meeting of Council (verbal) Item (4): 23 January 2014 in meeting of Committee of the Whole (verbal) Nature of amendments: 1) 14 Union Street (Branch #44, Royal Canadian Legion - To list a personal service shop as a prior existing use in Schedule “C” 2) 52, 54 Duke Street, 37 Water Street - To correct two typographical errors in Schedule “C” – change number of units for 54 Duke Street from 5 to 6; change “52 Water Street” to “52 Duke Street” 3) “Public Building” - To list this as a permitted use in the Institutional (I) Zone 4) Subdivision of semi-detached dwellings - To list the provisions for lot sizes for two-unit dwellings permitted in the Central Commercial (C) Zone, the Highway Commercial (HC) Zone, and the Special Commercial “A” (CSA) and Special Commercial “B” (CSB) Zones (B) MEETING DATES Planning Advisory Committee (Village): Item (1) only: Originally considered by PAC on 27 November 2013 as rezoning. PAC considered that the use was intended to be listed as a prior existing use in Schedule “C” of the LUB. This became PAC’s recommendation. Council: 12 December 2013 – Items (1) and (2) only (Council Minutes # 2013-569) Public Information Meeting on all proposed amendments: 27 January 2014 (C) DOCUMENTATION Reports: Information sheet available to public Final Report to Council (28 January 2014) Advertisements: Progress Bulletin on 15 and 22 January 2014 Notification of Public Hearing and Public Information Meeting: Progress Bulletin MODC web site (as of 27 January 2013) Letter to Village Commission dated 27 January 2014; hand-delivered and e-mailed E-mail from Economic Development Officer to Chamber of Commerce Fees paid: N/A (D) WRITTEN SUBMISSIONS RECEIVED None to date. Pam Myra MUNICIPALITY OF THE DISTRICT OF CHESTER R E P O R T DATE: 28 January 2014 TO: Erin Beaudin, CAO FROM: Bill DeGrace, Senior Planner DEPARTMENT: Community Development SUBJECT: Housekeeping Amendments ______________________________________________________________________________________________________________________ BACKGROUND: A series of four “housekeeping” amendments to the Chester Village Area Land Use By-Law, tabled at a Public Information Meeting (27 January 2014) and at a Public Hearing (30 January 2014), are submitted for the consideration of Council. The proposed amendments are summarized as follows: 1) 14 Union Street (Branch #44, Royal Canadian Legion - To list a personal service shop as a prior existing use in Schedule “C” 2) 52, 54 Duke Street, 37 Water Street - To correct two typographical errors – 6 units for 54 Duke Street; change “52 Water Street” to “52 Duke Street.” 3) “Public Building” - To list this as a permitted use in the Institutional (I) Zone 4) Subdivision of semi-detached dwellings To list the provisions for lot sizes for two unit dwellings permitted in the Central Commercial (C) Zone, the Highway Commercial (HC) Zone, and the Special Commercial “A” (CSA) and Special Commercial “B” (CSB) Zones. IMPLICATIONS: The following text amendments would appear in the Village Area Land Use By-Law as a consequence of these proposals (in the order that they would appear in the By-law): Section 6.2 CENTRAL COMMERCIAL (C) ZONE - Add the following text (bold/shaded): 6.2.3 C Zone Lot Sizes (for new lots) Two Unit Dwellings All other Structures Minimum Lot Area 279 sq. m. (3,000 sq. ft.) per dwelling unit 557 sq. m. (6,000 sq. ft.) Minimum Lot Frontage 6 m. (20 ft.) 6 m. (20 ft.) …/2 Page 2 Section 6.3.3 (Highway Commercial Zone) - Add the following text (bold/shaded): 6.3.3 HC Zone Lot Sizes (for new lots) Two Unit Dwellings All Other Structures Minimum Lot Area with Central Sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum Lot Area for Waterfront Lots With No Central Sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Area For All Other Lots 1858 sq. m. (20,000 sq ft.) 1858 sq. m. (20,000 sq. ft.) Minimum Lot Frontage 7.6 m (25 ft.) 7.6 m. (25 ft.) The lot size standards for new lots the Special Commercial “A” Zone (SCA) and Special Commercial “B” Zone (SCB) are the same as those for the Central Commercial Zone. Section 8.2 INSTITUTIONAL (I) ZONE – Add the following text in the list of permitted developments (bold/shaded): 8.2.1 Permitted Developments a) Developments Permitted Subject to I Zone Standards Ambulance and Emergency Response Services Arenas Business and professional offices in existing buildings subject to special requirement 8.2.5 Health Care Offices Cemeteries Churches, Religious Institutions and Places of Worship Day Care Centres and Nursery Schools Community Centres Educational Institutions Exhibition Centres Fire Halls and Fire Stations Hospitals Libraries, Museums and Public Art Galleries Parks Private Clubs and Fraternal Organizations Public and Private Nursing Homes Public Buildings Rectories, Manses, and staff residences associated with the above uses. Sewage Treatment Facilities (N.B. No change to the definition of “Public Building” which is: 16.67 PUBLIC BUILDING means a building of the Public Authority of the Government of Canada, Province of Nova Scotia, Municipality of the District of Chester, or Chester Village Commission, including any agency or commission or corporation of the Municipality.) …/3 Page 3 SCHEDULE "C" - LIST OF PRIOR EXISTING USES – Change the following text (bold/shaded) Existing Land Use Survey August 2003 Description Assessment Account Number/Property Identification Number a)Prior Existing Multi-Unit Dwellings Containing 3 or More Units 1.Robert G. Cragg - apartment buildings on one lot 54 Duke Street - 5 6 units 52 Water Duke St. - 2 units 37 Water St. - 4 units 00172995 / 60091683 [continues with the remainder of part (a) and parts (b) through (i)] Add the following text to the end of the Schedule: j) Prior Existing Commercial Uses in the I Zone 1. Personal Service Shop, #14 Union Street (Royal Canadian Legion, Branch #44) 04074696 /60091287 RECOMMENDATION: It is recommended that Council adopt the amendments as presented. Bill DeGrace, MCIP, LPP Senior Planner Page 1 of 3 Proposed “Housekeeping” Amendments in the Chester Village Area Land Use By-law 1. 14 Union Street The building at 14 Union Street contains Branch #44 of the Royal Canadian Legion. For several years, a personal service shop also existed within a space on the corner of the building. This use is considered as a prior existing use that should be included in Schedule “C”, List of Prior Existing Uses. It is proposed that this use be listed as follows: j) Prior Existing Commercial Uses in the I Zone (1) Personal Service Shop, #14 Union Street (Royal Canadian Legion, Branch #44) Assessment Account Number 04074696 / Property Identification Number 60091287 2. 52, 54 Duke Street, 37 Water Street This amendment is to correct two typographical errors in the Land Use By-Law. Schedule “C” is a list of Prior Existing Uses that would not otherwise be permitted in the zone in which they are located, but which existed as the effective date of the by-law. The first listing of Part (a) currently reads: 54 Duke Street – 5 units 52 Water Street – 2 units 37 Water Street – 4 units The first listing of Part (a) should read: 54 Duke Street – 6 units 52 Duke Street – 2 units 37 Water Street – 4 units 3. “Public Building” The term “public building” is defined in the Land Use By-Law as “a building of the Public Authority of the Government of Canada, Province of Nova Scotia, Municipality of the District of Chester, or Chester Village Commission, including any agency or commission or corporation of the Municipality.” However, “Public Building” is not listed as a permitted use in any zone. The use is intended to be included as a permitted use in the Institutional (I) Zone. Page 2 of 3 Proposed “Housekeeping” Amendments in the Chester Village Area Land Use By-law (continued) 4. Subdivision of semi-detached dwellings In 1996, amendments were made to the Land Use By-law for the Village of Chester to permit the subdivision of semi-detached dwellings. The change was intended to affect the Low Density Residential (LR) zone as well as all the Commercial Zones – Central Commercial (C), Highway Commercial (HC), Special Commercial “A” (SCA), and Special Commercial “B” (SCB). The 1996 amendments made were to the opening sentence of Section 5.2.2 of the Land Use By- law, which provides the standards (changes in bold): 5.2.2 LR Zone Standards All structures shall conform with the following standards except that two dwelling units forming a two-unit dwelling may be built to the common side or rear lot line. Section 5.2.2 goes on to describe the standards. Section 5.2.3, immediately following, gives the lot sizes for new lots in the LR Zone, as follows: 5.2.3 LR Zone Lot Sizes (for new lots) Two Unit Dwellings All Other Structures Minimum lot area with central sewer 372 sq. m. (4,000 sq. ft.)per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) 6 m. (20 ft.) At issue is that lot size provisions for new lots, to include two unit dwellings, were not extended to the other zones for which subdivision of semi-detached dwellings was to be permitted. However, this was the intent of the by-law amendment. Accordingly, the following housekeeping amendments are proposed: 6.2.3 C Zone Lot Sizes (for new lots) (housekeeping amendment in bold) Two Unit Dwellings All other Structures Minimum Lot Area 279 sq. m. (3,000 sq. ft.) per dwelling unit 557 sq. m. (6,000 sq. ft.) Minimum Lot Frontage 6 m. (20 ft.) 6 m. (20 ft.) Page 3 of 3 Proposed “Housekeeping” Amendments in the Chester Village Area Land Use By-law (continued) 6.3.3 HC Zone Lot Sizes (for new lots) (housekeeping amendment in bold) Two Unit Dwellings All Other Structures Minimum Lot Area with Central Sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum Lot Area for Waterfront Lots With No Central Sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Area For All Other Lots 1858 sq. m. (20,000 sq ft.) 1858 sq. m. (20,000 sq. ft.) Minimum Lot Frontage 7.6 m (25 ft.) 7.6 m. (25 ft.) The lot size standards for new lots the Special Commercial “A” Zone (SCA) and Special Commercial “B” Zone (SCB) are the same as those for the Central Commercial. MUNICIPALITY OF THE DISTRICT OF CHESTER M E M O R A N D U M DATE: 28 January 2013 TO: Warden and Council FROM: Bill DeGrace, Senior Planner DEPARTMENT: Community Development SUBJECT: Public Information Meeting – Housekeeping Amendments ______________________________________________________________________________________________________________________ On Monday 27 January 2014 starting at 6:00 p.m., Tara Maguire, Heather Archibald and I hosted a Public Information Meeting regarding a series of “housekeeping amendments” to the Chester Village Land Use By-law. Six individuals, including the Councillor for the Village, attended the meeting. Questions, comments and concerns recorded were as follows: 1) 14 Union Street (Branch #44, Royal Canadian Legion) - To list a personal service shop as a prior existing use in Schedule “C” Anything that encourages commercial uses in the Village core, given that this is the traditional nature of Queen/Duke/Pleasant Street area. Policies should advocate the strengthening commercial use in the core. 2) 52, 54 Duke Street, 37 Water Street - To correct two typographical errors – 6 units for 54 Duke Street; change “52 Water Street” to “52 Duke Street” No comments. 3) “Public Building” - To list this as a permitted use in the Institutional (I) Zone No comments. 4) Subdivision of semi-detached dwellings - To list the provisions for lot sizes for two unit dwellings permitted in the Central Commercial (C) Zone, the Highway Commercial (HC) Zone, and the Special Commecial “A” (CSA) and Special Commercial “B” (CSB) Zones Is staff comfortable with the standards for two-unit dwellings, in order to enable subdivision? (Staff replied in the affirmative) Concern expressed about problems down the road if buildings are converted into condominiums. (Explained that the By-law only controls use, and that the provisions enable subdivision regardless of the form of ownership) The meeting ended at 7:00 p.m.