HomeMy Public PortalAboutCOW A 2013-12-05MUNICIPALITY OF THE DISTRICT OF CHESTER
COMMITTEE OF THE WHOLE
Thursday, December 5, 2013 – 8:45 a.m.
AGENDA
1. MEETING CALLED TO ORDER.
2. MINUTES OF PREVIOUS MEETING:
2.1 Committee of the Whole – Thursday, November 21, 2013
3. MATTERS ARISING:
3.1 Report from Director of Recreation and Parks and Active Living Coordinator dated
December 5, 2013 regarding Blue Route development on the Aspotogan Peninsula
(appointment at 9:00 a.m.)
3.2 Memo from Lyle Russell, Assistant Municipal Engineer dated November 21, 2013
regarding Tender T-2013-020 - Public Works Maintenance Truck.
3.3 Memo from Director of Finance dated November 22, 2013 regarding Pension Plan.
3.4 Memo from Civic Address Coordinator dated November 18, 2013 regarding PID
#60091683 – Housekeeping Amendment – Chester Village Land Use By-Law 4.4.13 –
Schedule “C”.
3.5 Memo from Senior Planner dated December 2, 2013 regarding Chester Legion -
Housekeeping Amendment – Chester Village Land Use By-Law 4.4.13 – Schedule “C”.
3.6 Memo from Community Development Department dated November 29, 2013 regarding
Signage Working Group.
4. CAO REPORT:
4.1 CAO report
5. GRANT REQUESTS/CORRESPONDENCE:
5.1 Grant application from Chester Tennis Club dated November 28, 2013.
(Appointment 9:30 a.m.)
5.2 Grant application from St. Stephen’s Anglican Parish (Musical Friends) dated November
27, 2013. (Appointment 9:45 a.m.)
5.3 Grant application from Friends of 250th Legacy Park Society dated November 26, 2013.
5.4 Grant application from New Ross District Museum Society dated October 3, 2013.
5.5 Sponsorship request from Shoreham Village Foundation Chair dated November 21, 2013
regarding 4th Annual Swing for Shoreham Golf Tournament on June 27, 2014.
7. NEW BUSINESS.
8. ADJOURNMENT.
9:00 a.m. Chad Haughn, Director of Recreation & Parks, and Gord Tate, Active Living Coordinator
regarding “Blue Route”
9:30 a.m. Chester Tennis Club – Lesek DeMont, David Theriault, and Roger Keating (Tennis Nova
Scotia)
9:45 a.m. St. Stephen’s Anglican Church Musical Friends - Dawn Harwood-Jones and Susan Patillo
In Camera following regular session under Section 22 of the MGA if required
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APPOINTMENT ARRANGED
MUNICIPALITY OF THE
DISTRICT OF CHESTER
M E M O R A N D U M
DATE: 2 December 2013
TO: Erin Beaudin, CAO
FROM: Bill DeGrace, Senior Planner
DEPARTMENT: Community Development
SUBJECT: Housekeeping Amendment:
Chester Village Land Use By-law – Schedule “C”
Branch #44, Royal Canadian Legion
BACKGROUND:
At the Village Planning Advisory Committee meeting of 27 November 2013, consideration was
given to a request to rezone the property containing Royal Canadian Legion Branch #44, 14
Union Street, from Institutional to Commercial to permit a Personal Service Shop within the
building on the property.
The Committee took the view that the more appropriate step to take, to permit the use, would be
to correct an omission in Schedule “C” of the Land Use By-law – List of Prior Existing Uses – by
listing this property and the Personal Service Shop.
DISCUSSION:
For several years, beginning in the late 1980s, a hair salon existed within the Legion hall under a
lease arrangement. This Personal Service Shop was a non-conforming use that is reported to
have been closed for about three years. A new tenant, a certified manicurist/pedicurist, now
occupies the space and operates the medical side of her business (permitted in the Institutional
Zone), but would like to operate the cosmetic side. This was the reason for the proposed
rezoning.
At the Village PAC meeting, it was stated that the Personal Service Shop use at 14 Union Street
should have been included in Schedule “C” of the Land Use By-law, the List of Prior Existing Uses
when the new By-law came into effect. This can be added as a housekeeping amendment. This
approach became Village PAC’s recommendation.
IMPLICATIONS:
Correcting this omission in Schedule “C” by adding the Personal Service Shop as a prior existing
use would allow the business to continue on the site.
ATTACHMENTS:
1. Relevant Land Use By-law extract – Policy 4.4.13 and Schedule “C”
2. Staff report to PAC
OPTIONS:
Council has the following options:
1. Accept PAC’s assertion of the intent to include the subject use as a prior existing use in the
Village Area Land Use By-Law, and amend Schedule “C” accordingly (housekeeping
amendment);
2. Not accept PAC’s assertion and either:
(a) Consider a Land Use By-law amendment to rezone the property from Institutional to
Commercial, per the staff report (attached);
(b) Refer back to PAC for further study; or
(c) Decline the request.
RECOMMENDATION
It is recommended that Council adopt Option 1 by adding the following to Schedule “C”:
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
Bill DeGrace, MCIP, LPP
Senior Planner
RELEVANT LAND USE BY-LAW EXTRACTS
4.4.13 Existing Uses - Schedule "C"
Land uses and associated structures which were in existence on the effective date of this by-law, and which
would not otherwise be permitted in the zone in which they are located due to type of use or the size of the
use shall be listed in Schedule "C" of this by-law. These land uses shall be included as existing land uses in
the list of uses permitted in the zone in which they are located, but are permitted to expand or change to
another use only in conformity with the zone in which they are located.
SCHEDULE "C" - LIST OF PRIOR EXISTING USES
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 units
52 Water St. - 2 units
37 Water St. - 4 units
00172995 / 60091683
2. Otto Van Barneveld [Formerly Paul G. Flinn Ltd.] -
#49 Queen Street - 4 units
03688569 / 60090800
3. Paul G. Flinn Ltd. - apartment building
at #58 Duke Street
03688585 / 60091691
4. Shoreham Village Senior Citizens Ass. #3777 Route #3
04254708 / 60605870
5. Audrey J. Youden [Formerly 1840 Holdings Ltd.] -
#122 Queen Street - 10 units
01837885 / 60091097
6. Robert Martin Emmerson [Formerly Bertrand G.
Bosmans] - 6 unit apartment building at 103 Duke
Street (two lots together)
00217409 / 60091303
b) Prior Existing Mobile Homes
1. Dwight L. Neaves [Formerly Jack Hyslop] at #3884
North Street
02130157 / 60094182
2. Cindy Diane Boutilier & Gordon Lee Boutilier
[Formerly Richard Pearl] - #11 Valley Road
03697703 / 60091188
c) Prior Existing Marinas
1. Old Wharf Chester Ltd. - #36 Water
Street including permanent and floating
wharves
03614085 / 60394970
d) Prior Existing Institutional Uses in the WR Zone
1. Chester Yacht Club - #21 South Street 00730033 / 60090305 2. Chester Back Harbour Wharf - Victoria Street 08210020 / 60395597
3. Federal Wharf (Public Wharf Front Harbour) Fisheries
Oceans [Formerly Public Works Canada] -
Chester Ferry Wharf - Water Street
01160036 / 60598653
e) Prior Existing Commercial Uses in the WR Zone
1. Old Wharf Chester Ltd. - #36 Water Street
Restaurant & Marina
03614085 / 60394970
2. James A. Barkhouse & Cynthia Lamson [Formerly
Reid Barkhouse, Walter Barkhouse & Son] -#233 Pig
Loop Road - boat tours, boat rentals, gift shop
00218448 / 60091964
3. Albert G. Nauss & Douglas Walter Rines (2003)
[Formerly Albert Gordon Nauss - #231 Pig Loop Road.
- wharf
03477819 / 60091972
f) Prior Existing Beverage Rooms and Lounges
1. DATIM Real Estate Ltd. -
F'o'c'sle Tavern - #40 Queen Street
02052873 / 60091436
2. The Captain's House (1990) Ltd. -
Captain's House - #33 Central Street
04560175 / 60090263
g) Prior Existing Industrial Developments
1. Chester Plastics (1975) Ltd. - #4171 Route 3
00729922 / 60140183
h) Prior Existing Contractors Workshops in the Low
Density Residential Zone
1. Colleen E. Zinck [Formerly William Zinck
Contracting] - 4032 Route 3
08236178 / 60385259
2. Barry Redmond Contracting, 4020 Route 3
04434625 / 60087590
i) Prior Existing Commercial Developments in the
Rural Zone
1. Chester Furniture, 270 Stanford Lake Road
00729914/60146768
AIR PHOTO SHOWING RCL BRANCH #44, I4 UNION STREET
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MUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
DATE: 22 November 2013
TO: Carol Nauss, Chair;
Members of the Chester Village Area Planning Advisory Committee
FROM: Bill DeGrace, Senior Planner
DEPARTMENT: Community Development
SUBJECT: 14 Union Street: Proposed amendments to permit commercial use
________________________________________________________________________________________________________________
1. INTRODUCTION
By letter dated 28 October 2013, David Hume, President, Royal Canadian Legion Branch 44, has
requested a change in zoning of the property located at 14 Union Street, Chester Village, from
Institutional (I) to Central Commercial (CC). This change would require amendments to the Chester
Village Secondary Planning Strategy as well as the Land Use By-law.
The subject property is the site of F.E. Butler, Branch 44, Royal Canadian Legion. For several years,
beginning in the late 1980s, a hair salon existed within the building on the property under a lease
arrangement between Branch 44 and the tenant. Under the current Land Use By-law the salon, a
Personal Service Shop within the meaning of the LUB, was a non-conforming use. It is reported to have
been closed for three years.
A new tenant, a certified manicurist/pedicurist, now occupies the same space within the Legion hall.
Located in the north-east corner of the building and accessed from the outside via a separate entrance,
this practice is a branch of esthetics involving both medical and cosmetic (non-medical) nail care which
may entail the recognition of foot health issues requiring referral to a doctor. A practice that is medical
in nature is a professional Office use which is permitted as of right in the Institutional zone. For this
reason, the tenant now holds a Development Permit to operate the medical side of nail/foot care only.
However, the tenant wishes to include the cosmetic component of nail care in her business. Staff
considers this aspect of the business to be a Personal Service Shop which is not permitted in the
Institutional Zone. On the other hand, both Office and Personal Service Shop uses are permitted in the
Central Commercial zone.
2. SITE CONTEXT
The subject property is located in the Institutional Zone (Figure 1) and is designated Institutional (I) in
the Future Land Use Map (Figure 3). The property is 41,554 sq. ft which is just under an acre. The
property is currently accessed from Union Street. Located on a slope of land, the property contains
upper and lower parking areas employing a one-way access/egress system.
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Like many Institutional properties, this is a stand-alone parcel surrounded by Central Commercial and
Central Village Residential uses – the former mostly situated to the south and the latter mostly to the
north. The overall character of this area is one of mixed residential and commercial use, containing
single detached and multi-unit dwellings as well as a post office, inn, and an array of small businesses
and shops.
3. POLICY
3.1. CHESTER VILLAGE AREA SECONDARY PLANNING STRATEGY
As the subject property sits astride areas predominantly designated Central Commercial and Central
Village Residential in the Secondary Planning Strategy (SPS), the policies of both areas are noted.
Section 4.1 of the SPS contains policies related to ‘Residential Developments.’ Policy 4.1.3 with regard
to “Central Village Area,” which is the central area between the Front and Back Harbours, designates
this area as predominantly single-unit residential with customary small-scale home-based business
use. The focus in the SPS is to protect the low-density character of the area through exclusionary
zoning.
Section 4.3 of the SPS contains polices related to ‘Commercial Developments.’ The MPS recognizes the
Queen/Pleasant/Duke Street area in the “Village Centre,” as well as Valley Road, as the area where
retail and service commercial uses are concentrated. Further, the Village Centre and Valley Road are
recognized as containing a mix of commercial and residential uses, frequently in the same building.
The range of uses in these areas is to be “limited in nature” to reduce conflicts between the two land
use types. These areas are populated by restaurants, cafés, gift shops, small service shops, convenience
stores and professional offices. If rezoned, the subject property would effectively become an extension
of this area.
The SPS notes that, during the 1980s and 90s, certain residential districts on the periphery of the
Village Center and Valley Road were designated as “Central Commercial Development Agreement
Areas” within which certain commercial proposals could be considered by development agreement.
However this planning tool has been discontinued in order to protect residential property values.
Therefore, an amendment to the Land Use By-Law to permit commercial use of the subject property is
the only mechanism available.
The Secondary Planning Strategy does not contain any written policy on the location of future land use
or zone boundaries. Policy 2.3.6 states that the Future Land Use Map is a generalized representation of
future land use. Map 5, Future Land Use, shows the boundaries between the Institutional, Central
Commercial and Central Village Residential future land uses to be the same as those in Schedules A1
and A2, Zoning. Therefore, any amendment to change the zoning boundary would result in a change to
Schedules A1 and A-2 (Zoning), Future Land Use Map 4 (1:15,000 scale) and Future Land Use Map 5
(1:5,000 scale). This requires an amendment to the Secondary Planning Strategy with an
accompanying amendment to the Land Use By-law.
Policy 6.0.16 allows Council to consider amendments to the Planning Strategy where any change in
policy is proposed and where any proposed amendment to the Land Use By-law would contravene Map
5, the Future Land Use Maps. Policy 6.0.7 lists the criteria under which an amendment to the Land Use
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By-Law shall be considered, and lists basic criteria for consideration, including conforming to the intent
of the Planning Strategy, meeting By-law requirements, and meeting physical adequacy requirements
such as site conditions and roadways. In Policy 6.0.9, Council shall further consider the impact on other
permitted uses in the zone.
An analysis of the proposal based on the policies in the Planning Strategy is discussed in part 4 of this
report.
3.2. CHESTER VILLAGE LAND USE BY-LAW
Under the Chester Village and Area Land Use By-Law (LUB), the following uses are permitted
developments in the Central Commercial (CC) Zone:
6.2.1 Permitted Developments
a) Developments Permitted Subject to Commercial Zone Standards
Automobile Sales and Repair (excluding Body Shops)
Bakeshops
Banks and Financial Institutions
Beverage Rooms subject to Section 6.2.7
Craft Workshops
Day Care Centres
Dressmaking and Tailoring
Existing Mobile Homes as listed on Schedule "C"
Existing Multi-Unit Dwellings as identified on Schedule "C"
Existing Beverage Rooms and Lounges identified on Schedule "C"
Funeral Homes
Hotels
Laundry and Dry Cleaning Depots
Lounges subject to Section 6.2.7
Existing Marinas as listed on Schedule "C"
Medical Clinics
Office Buildings and office uses
Parking Lots
Parks and Recreation Uses
Personal Service Shops
Printing Establishments
Places of entertainment, recreation and assembly, within wholly enclosed buildings
Rental Depots
Repair Shops
Residential units in the same building as a Commercial use to a maximum of four units
Restaurants and Take-Out Restaurants
Retail and Wholesale Sales
Schools
Skilled Trades Shops
Studios for the practice or instruction of fine arts or crafts
Taxi and Bus Stations
Existing warehouses and enclosed distribution centres as listed in Schedule "C".
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In addition to these permitted uses, other uses are permitted subject to meeting certain requirements
of the By-law. They include single unit dwellings, two-unit dwellings, group homes, Residential
Conversions up to 4 dwelling units, and Institutional Developments.
4. DISCUSSION
Figures 1 and 4 show the result in map form of amendments to the Land Use By-Law and the Secondary
Planning Strategy to permit the proposed use. Staff has reviewed the proposed amendments according
to the relevant policies contained in the Chester Village Area Secondary Planning Strategy.
Consideration must be given to the compatibility not only of the proposed use on the subject property,
but of any use that would be permitted if the zoning of the subject property were to change to Central
Commercial. The criteria for amendments to the Land Use By-law, contained in Policy 6.0.7, are as
follows:
CRITERIA PROPOSAL
a) the proposal conforms to the intent of the
Secondary Planning Strategy
Amending the SPS and LUB such that the property
becomes Central Commercial effectively makes it part of
the adjoining Central Commercial zone, rather than being
a stand-alone property that is zoned Institutional. There
is no statement of policy on the expansion of Central
Commercial zoning in the Village. However, there is a
policy on the range of uses within that zone. The intent is
to ensure that the range of uses in the zone is limited in
order to reduce conflicts between the mix of residential
and commercial uses that already exists. The range of
permitted uses, as indicated in Section 3.2 of this report,
is extensive. What the uses have in common is that, for
the most part, customers make short visits and there is no
undue noise, dust, smoke or excess traffic generation.
b) the proposal conforms to the applicable
requirements of all Municipal By-laws; except
where the application is for a development
agreement where requirements are satisfied
within the agreement.
The proposed commercial use is located in the north-east
corner of the building, ground floor, accessed by a
separate entrance. No additions are proposed. The
building meets the standards for setback and height as
defined in the LUB.
c) The proposal is not premature or
inappropriate due to:
i) financial ability of the Municipality to
absorb costs related to the development;
ii) adequacy of Municipal services;
iii) the adequacy of physical site conditions for
on-site services;
No financial consequences are foreseen.
The municipal sewer services, garbage services, etc. are
adequate. There is no central water system. We have no
information on the water supply.
No issue foreseen.
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iv) creation or worsening of a pollution
problem including soil erosion and
siltation;
v) adequacy of storm drainage and effects of
alteration to drainage pattern including
potential for creation of a flooding
problem;
vi) adequacy and proximity of school,
recreation, emergency services and other
community facilities;
vii) adequacy of street networks and site
access regarding congestion, traffic
hazards and emergency access;
viii) Adequacy of fire vehicle access and fire
protection measures on site such as water
supply.
No issue foreseen.
No issue foreseen.
No issue foreseen.
No traffic issue foreseen. There is a one-way
access/egress system in place with adequate surface
parking (1 space required for every 28 sq. m. or 300 sq. ft.
of floor area.) resulting in a requirement for 32 spaces.
Emergency services in proximity.
c) the development site is suitable regarding
grades, soils, geological conditions, location of
watercourses, flooding, marshes, bogs,
swamps, and susceptibility to natural or man-
made hazards as determined by a qualified
person.
No outstanding difficulty is foreseen with regard to these
elements.
d) all other matters of planning concern have
been addressed.
As discussed in this report.
Given the foregoing analysis, the principal consideration is whether the permitted uses in the proposed
zone are uniformly consistent with the intent of the Secondary Planning Strategy. Staff takes the view
that the permitted uses are compatible in proximity to the Central Village Residential Zone.
A further consideration is related to a phenomenon experienced in many communities, that is, the trend
toward “creeping commercialism,” or the gradual encroachment of commercial uses into traditionally
non-commercial areas. As the subject property abuts an area zoned Central Commercial on two sides, a
further CC zone is located nearby in an area surrounding Valley Road to the north, and both are
regarded as traditionally having a mix of commercial and residential uses, staff feels that this is less of a
concern than if commercial use were to extend into an area that is exclusively residential.
5. RECOMMENDATION
It is recommended that Council amend the Chester Village Area Secondary Planning Strategy and Land
Use By-law as follows:
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1. Amend the Chester Village Area Revised Secondary Planning Strategy, Maps 4 and 5, Future Land
Use, by changing the future land use of the property at 14 Union Street, identified as PID 60091287
from Institutional (I) Central Commercial (CC).
2. Amend the Chester Village Area Revised Land Use By-law, Schedules A(1) and A(2), by changing
the zoning of the property at 14 Union Street, identified as PID 60091287 from Institutional (I) Central
Commercial (CC).
ATTACHMENTS:
Figure 1 Existing Zoning Map
Figure 2 Proposed Zoning Map
Figure 3 Existing Land Use Map
Figure 4 Proposed Land Use Map
Appendix 1 Chester Village Area Revised Secondary Planning Strategy Extracts
Appendix 2 Chester Village Area Revised Land Use By-law Extracts
Bill DeGrace, MCIP, LPP,
Senior Planner
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Appendix 1
Chester Village Area Revised Secondary
Planning Strategy Extracts
4.3 COMMERCIAL DEVELOPMENTS
A broad range of commercial enterprises within the Planning Area serve residents of the village and
people from near and distant parts of Chester Municipality. Retail and service commercial uses are
concentrated in the Queen / Pleasant / Duke Street area in the village centre and on Valley Road, while
a mix of retail business and service commercial uses are present along Trunk #3. There is also an
outlying, single use commercial site (the Captain=s House Country Inn) located at the intersection of
South and Central Streets (33 Central Street).
Village Centre & Valley Road
In the Village Centre and Valley Road commercial areas, businesses are mixed with residences, and
frequently both a commercial use and a residential use occupy the same building. This form of mixed
use development has been a part of the Village character since it was settled in the mid 1700's. Those
parts of the Village Centre and Valley Road with a high ratio of commercial to residential use will be
designated as commercial areas to allow growth in the business sector, but it is expected that within
these areas, residential and commercial uses will continue to co-exist in the tradition of the
community. It can also be expected that conversions from residential to commercial use and vice
versa will be common as will the use of buildings for both purposes. The range of uses permitted in
the Village Centre and on Valley Road will be limited in nature, in light of the mixed use character of
the area, in order to reduce conflicts between the two land use types. The Village Centre and Valley
Road commercial areas, in the main, are populated by restaurants, cafés, gift shops, small service
shops, convenience stores, and professional offices. For many years, the Chester Pharmacy has been
the anchor business for the Village Centre commercial area. In 2002, however, the pharmacy moved
out to Highway 3, opening the opportunity for re-definition of the retail and service mix in the
downtown area.
Under the previous planning strategies of 1983 and 1992, certain residential districts on the periphery
of the Village Centre and Valley Road commercial areas were designated as Central Commercial
Development Agreement Areas, within which commercial development proposals could be considered
by development agreement. Due to controversies surrounding several development agreement
proposals in the 1990s, however, and due to the community wish for greater protection of residential
property values through exclusionary zoning, this designation and its associated policies have been
discontinued in this Revised Planning Strategy.
Under earlier planning strategies, the Captain’s House commercial area included the former “Sheet
Anchor House” property across Central Street (38 Central Street). Since the Sheet Anchor House
reverted to residential use in the 1990s, it will not be included in the commercial designation under
this Revised Planning Strategy.
Highway 3
Trunk #3, formerly the main route on the South Shore between Halifax and Yarmouth, passes through
the Planning Area and is characterized by a series of linear, low density, residential neighbourhoods
interspersed with clusters of highway-oriented business use. The Planning Strategy recognizes the
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presence of both commercial and residential uses on Trunk #3 and contains measures to ensure that
these uses will continue to co-exist without conflict.
The Highway 3 Streetscape Study referred to in Policy 2.2.6 recognizes three commercial clusters
along Highway 3, surrounded and interspersed with residential nodes. It recommends that this
pattern of development should be preserved.
The first commercial cluster stretches from east of Pig Loop Road westerly to the Victoria Street
intersection. The study recognizes this as the commercial cluster most closely related to the
residential core of the village. It recommends the commercial growth and the street design in this area
should be treated as an integral part of the Village, with continuous sidewalks and commercial
development that is friendly to pedestrians.
The second commercial cluster extends from the Windjammer Motel area north to Collicut Building
Supplies. The study recommends this should be developed as a more rural cluster, with widened
highway shoulders to accommodate pedestrian traffic.
The third commercial cluster centres on the Robinsons Corner intersection of Trunk 14 and Highway
3. Most of this cluster is outside of the Chester Village Planning Area.
Within these commercial clusters, the study recommends a suite of design guidelines to make sure
that development reinforces the tradition of architectural and landscape excellence of Chester.
Under the previous planning strategies of 1983 and 1992, much of the established residential area
abutting Highway 3 was designated as an area within which commercial development proposals could
be considered by development agreement. As with the comparable development agreement areas in
the Village Centre, however, this designation has been discontinued in this Revised Planning Strategy
due to controversies surrounding several development agreement proposals in the 1990s, and due to
the community wish for greater protection of residential property through exclusionary zoning. This
approach is reinforced by the public commentary received during the Highway 3 Streetscape Study,
which recommends that these residential areas be kept residential.
To ensure that the development along the Highway 3 corridor supports the community vision, the
Highway 3 Streetscape Study recommends comprehensive design guidelines which specify site
development standards, landscaping standards, and architectural standards. In addition to these
general guidelines for all development in the Highway 3 corridor, the study includes standards for
development of larger projects like the Chester Shore Mall. The recommendations of the study were
examined at length by the Chester Village Area Planning Advisory Committee and by Council during
2011. Minor adjustments were made and the results have been incorporated both into this Planning
Strategy and into the Land Use By-law.
In addition to the above mentioned commercial areas, there are two long-established commercial uses
located in residential areas, where the intention of Council and local residents is to preserve and
enhance the predominantly residential character of these areas. These include the old carriage shops
and stores at the intersection of Main and Prince Streets (86 Main and 156 Prince Streets), and the
former Rhymes (now Hiltz) autobody repair shop adjacent to 68 Haddon Hill Road. Instead of
allowing the non-conforming use provisions of the Municipal Government Act to restrict the continued
use and development of these sites, these areas have been designated as Special Commercial areas,
with ranges of commercial use specifically adapted to the historical land uses of each site.
These intentions are expressed by Council in the following policies:
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4.3.1 To designate lands in the Valley Road area, and the business district in the Queen-Pleasant-Duke Street
areas, as shown on Map 5, Future Land Use Map, as Central Commercial Areas, wherein a limited range
of business uses is permitted and to establish in the Land Use By-law a corresponding Central
Commercial Zone.
4.3.2 To designate portions of Trunk #3, including existing commercial and industrial sites, as shown on
Map 5, Future Land Use Map, as Highway Commercial Areas where a broad range of business uses are
permitted, and to establish in the Land Use By-law a corresponding Highway Commercial Zone to
carry out this intention.
4.3.3 To designate the portion of the Highway Commercial Area abutting the Shoreham Village Senior
Citizens property as a Aspecial buffering area@ to provide a degree of separation between commercial
use and institutional residential use through special requirements in the Land Use By-law.
4.3.4 To encourage the development of sidewalks on North Street, and in particular in the Highway
Commercial Area located between Pig Loop Road and the Duke Street and to co-operate with agencies
and groups such as the Nova Scotia Department of Transportation and Public Works (DOTPW), the
Village of Chester Tourism Development Association (VOCTDA), the Village Commission, and property
owners in the realization of this goal.
4.3.5 To designate existing commercial uses that are isolated in residential neighbourhoods as Special
Commercial Areas, as shown on Map 5, Future Land Use Map and to establish in the Land Use By-law
various Special Commercial Zones in which the range of permitted uses is strictly limited in order to
reduce the potential for Land Use conflicts.
4.3.6 Because of their high potential for creating land use conflicts with adjacent residential land uses, to
restrict Beverage Rooms and Lounges to a maximum floor area of 111 sq. metres (1,200 sq. ft.) of
patron seating space.
4.3.6A Consider only by development agreement in areas designated Highway Commercial, adult
entertainment, as defined in the Land Use By-law, in accordance with Policies 6.0.7 and 6.0.8 and in
accordance with the following provisions:
(a) the proposed use is not located within 200 metres of any dwelling unit;
(b) parking is provided on the same lot as the use at the rate of one space for every occupant
permitted under the Fire Code;
(c) the proposed use shall not be open before 6:00 in the afternoon, after 12:00 midnight, on
Sundays or on statutory holidays.
(d) regardless of the license issued by the Liquor License Board or its successors, the proposed
use shall conform to the provisions of Policy 4.3.6.
6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan
approvals, and in considering development agreements in addition to all other criteria as set out in
the various policies of this Planning Strategy, Council shall be satisfied that:
a) the proposal conforms to the intent of the Planning Strategy;
b) the proposal conforms to the applicable requirements of all Municipal By-laws; except where
the application is for a development agreement in which case the Land Use By-law
requirements need not be satisfied.
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c) the proposal is not premature or inappropriate due to:
i) financial ability of the Municipality to absorb costs related to the development;
ii) adequacy of Municipal services;
iii) the adequacy of physical site conditions for on-site services;
iv) creation or worsening of a pollution problem including soil erosion and siltation;
v) adequacy of storm drainage and effects of alteration to drainage pattern including
potential for creation of a flooding problem;
vi) adequacy and proximity of school, recreation, emergency services, and other
community facilities;
vii) adequacy of street networks and site access regarding congestion, traffic hazards,
pedestrian safety, and emergency access.
viii) adequacy of fire vehicle access and fire protection measures on site such as water
supply.
d) the development site is suitable regarding grades, soils, geological conditions, location of
watercourses, flooding, marshes, bogs, swamps, and susceptibility to natural or man-made
hazards as determined by a qualified person.
e) all other matters of planning concern have been addressed.
…
6.0.9 That where any development requires amendment to the Land Use By-law, no amendment shall be
adopted by Council unless the application is for a specific development proposal which conforms to
the requirements of the Land Use By-law. Notwithstanding the proposed use, Council shall give
consideration to the impact of other permitted uses in the zone.
…
6.0.16 In accordance with the Municipal Government Act, that Council will consider amendments to this
Planning Strategy where any change in policy is proposed as well as where any proposed amendment
to the Land Use By-law would contravene Map 5, the Future Land Use Maps, or contravene any policy
contained in this Planning Strategy.
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Appendix 2
Chester Village Area
Land Use By-law Extracts
6.2 CENTRAL COMMERCIAL (C) ZONE
6.2.1 Permitted Developments
a) Developments Permitted Subject to Commercial Zone Standards
Automobile Sales and Repair (excluding Body Shops)
Bakeshops
Banks and Financial Institutions
Beverage Rooms subject to Section 6.2.7
Craft Workshops
Day Care Centres
Dressmaking and Tailoring
Existing Mobile Homes as listed on Schedule "C"
Existing Multi-Unit Dwellings as identified on Schedule "C"
Existing Beverage Rooms and Lounges identified on Schedule "C"
Funeral Homes
Hotels
Laundry and Dry Cleaning Depots
Lounges subject to Section 6.2.7
Existing Marinas as listed on Schedule "C"
Medical Clinics
Office Buildings and office uses
Parking Lots
Parks and Recreation Uses
Personal Service Shops
Printing Establishments
Places of entertainment, recreation and assembly, within wholly enclosed buildings
Rental Depots
Repair Shops
Residential units in the same building as a Commercial use to a maximum of four units
Restaurants and Take-Out Restaurants
Retail and Wholesale Sales
Schools
Skilled Trades Shops
Studios for the practice or instruction of fine arts or crafts
Taxi and Bus Stations
Existing warehouses and enclosed distribution centres as listed in Schedule "C".
b) Developments Permitted Subject to other Requirements of this by-law
i) Single unit dwellings, two-unit dwellings, and group homes subject to the requirements of Subsection
5.2.2, but excluding mobile homes and mini-homes;
ii) Residential Conversions containing a maximum four (4) dwelling units, subject to the requirements
of Subsection 4.4.14;
iii) Institutional Developments listed in and subject to the requirements of Section 8.2.
12
6.2.2 C Zone Standards
Minimum Front Yard
NIL
Minimum Rear Yard
3.5 m. (12 ft.)
Minimum Side Yard
One Side
Other Side
3.5 m. 12 ft.)
1.5 m. (5 ft.)
Minimum Flankage Side Yard
NIL
Maximum Height of Structures
10 m. (33 ft.)
Minimum Distance between Main Buildings on
Adjacent Lots
3 m. (10 ft.)
Maximum Number of Dwelling Units per Lot
(by conversion under 6.2.1(b)(ii)
4
6.2.3 C Zone Lot Sizes (for new lots)
Minimum Lot Area
557 sq. m. (6,000 sq. ft.)
Minimum Lot Frontage
6 m. (20 ft.)
6.2.4 Special Circumstances
The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in
that section.
6.2.5 Special Requirements - Commercial Uses on Valley Road
Where a Commercial use is located on a lot which abuts Valley Road, the vehicular and pedestrian access to the
Commercial use shall be directly from Valley Road except where the lot abuts a portion of a street which lies within
the Central Commercial Zone and when the lot on the opposite side of that street is also zoned Commercial.
6.2.6 Parking Exemption - Existing Buildings
Where permitted uses locate in existing buildings in the Central Commercial Zone, there shall be no parking required
for the initial 92 sq. metres (1,000 sq. ft.) of floor area devoted to the use, except for residential uses, guest houses,
hotels and inns.
6.2.7 Special Requirements - Beverage Rooms and Lounges
13
No development permit shall be issued for any Beverage Room or Lounge which has a floor area in excess of 111 sq.
metres (1200 square feet), exclusive of washrooms, storage areas, and administrative offices.
6.2.8 Special Requirements - Adult Entertainment
No development permit shall be issued for any adult entertainment unless:
a) the proposed use is not located within 200 metres of any dwelling unit;
b) parking is provided on the same lot as the use at the rate of one parking space for every occupant
permitted under the Fire Code;
c) regardless of the license issued by the Liquor License Board or its successors, the use conforms to the
provisions of Section 6.2.7.
RELEVANT DEFINITIONS
16.56 OFFICE means a room or rooms where business may be transacted, a service performed or consultation
given, and includes, but is not limited to the following: physicians, surgeons, dentists, lawyers, architects,
engineers, accountants, real estate agents, insurance agents, photographers, optometrists, chiropractors,
eye specialists and similar uses, and may include retail sales or dispensing of goods associated with and
incidental to the main use.
16.64 PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of other persons, and
without limiting the generality of the foregoing may include such establishments as barber shops, beauty
parlours, hairdressing shops, shoe repair and shoe shining shops, but excludes any manufacturing or
fabrication of goods for sale.
14
15
16
17
MUNICIPALITY OF THE
DISTRICT OF CHESTER
MEMO
DATE: December 5, 2013
TO: Committee of the Whole
FROM: Erin Beaudin
DEPARTMENT: Office of the CAO and Municipal Clerk
SUBJECT: CAO Report
______________________________________________________________________________________________________________________
1. Maintain a high level of fiscal responsibility;
Staff have been researching options available for the administration of our municipal pension plan
given the dissolution of the UNSM Plan effective March 31, 2014. A staff report and
recommendations will be presented at the December 5th COW meeting;
Staff have been discussing a bulk purchase of LED lights with the Town of Bridgewater and several
municipalities from the Valley region. A draft RFP has been developed under the leadership of the
Town of Wolfville and a meeting with NSPI and all participating municipalities will be held later in
December to provide clarification on items such as the handling of stranded assets during the
install;
We are in the process of having the Municipal Annex lot surveyed and anticipate issuing the RFP by
mid-end December.
2. Continually improve public satisfaction with municipal services;
The internal staff suggestions and complaints process has been implemented. This process
compliments the external suggestions and complaints process that was implemented earlier this
year for the public;
Staff training records are being consolidated and uploaded into a central repository;
In preparation for the upcoming ISO internal audit staff are documenting end to end processes for:
- Curbside Waste Rejection
- Development Permit Approvals
- Fire Department Registration
- Procurement
- Contract Management
- PRO Kids Application and Approvals
- Sanitary Service Connections
- Tax Sales
Process coordination and documentation for Illegal Dumping has been started.
Files continue to be classified and migrated to AMANS with Recreation and Solid Waste office staff
now onboard. We have implemented a process for rolling over volumes to improve Laserfiche
performance. Intranet use is also ramping up with templates being used for process documentation.
3. Ensure sufficient infrastructure is available to best serve our residents and businesses;
We are working on the changes recommended by Council on the universal sewer spreadsheets;
A washout was repaired at Anvil Park;
Repairs to New Ross Family Support Centre (external stairs and doors) have been approved and
will be completed shortly.
We have commenced the GRWS School relocation process. The Hazards Materials Assessment was
completed last week;
We anticipate that our wind tower will be energized by late next week. An open house has been
scheduled for December 18th at 1 pm at the site;
We recently attended a meeting of the Management Consultation Committee. This is a committee
made up of staff and elected representatives representing the Municipality of Chester and the
communities represented by Valley Waste. Further information on this outcome of this meeting will
follow shortly;
One last section of trail is being upgraded before the end of this construction season. On the
Aspotogan Trail, 2.5 kilometers from the Hubbards Trail Head west has been brushed out and is
ready for grading, ditching and resurfacing to be done before the end of the December – weather
permitting;
The new trail signage has been designed and is currently being manufactured. The signage includes
bridge identification, kilometer markers and improved trail notice at some of the major trail and
road intersections.
4. Strengthen and support environmental, cultural, and social resources;
We have drafted an MOU between Council and Church Memorial Park related to the annual funding
and in-kind contributions provided by the Municipality. A draft will be presented to Council at the
in camera session of the December 5, 2013 meeting;
Subway has once again offered to host a PRO Kids fundraiser just prior to Christmas. On Friday,
December 20th a portion of all sales will be donated to PRO Kids;
Funding has been secured for an after school physical activity program at CAMS and we are in the
process of applying for funding for Forest Heights. The after school time period has been targeted
as a prime time to engage youth in physical activity. We will be organizing a variety of programs
that will hopefully appeal to a wide range of youth;
The Lunenburg Queens Recreation Directors Association was successful in receiving a grant
through the Thrive Facility Access Fund. The funding is to be used towards unstructured activities
at major recreation facilities. In the Municipality of Chester, funds will be used to help families
access the Chester Rink for public skates. Local Family Resource Centres will be the main avenue
for distributing skating passes to families who need assistance. Using the passes will keep the
process confidential and easy for families;
The Winter 2014 edition of Explore Life will be ready to go to the printer prior to the Christmas
Holidays. It will be distributed to the Public on Tuesday, January 7, 2014;
The Recreation Committee is hosting a free public Skate on Friday, December 6th at 7:45pm at the
Chester Rink. We plan to have sledges there for people to try and staff and committee members
will serve hot chocolate;
The “Aging in Place” project that is being done in partnership with South Shore Community Service
Association is on schedule. Tristan Hopper, graduate student from DAL, is leading the work and
plans to have the project completed on time with the final report due in February 2014.
5. Continually reinforce the positive image of the Municipality through leadership in public
engagement and communication;
Staff continue to update the Municipality’s Facebook and Twitter accounts on a regular basis;
The December edition of Municipal Insight is now at the printer.
6. Promote conditions conducive to fostering economic prosperity.
The CAO continues to work on winding down the LQRDA. We are awaiting the final financials for
the period from April 1-October 31, 2013;
We continue to work with partnering municipalities on the proposed REN start-up. We have
drafted an inter-municipal agreement between all participating municipalities for further
discussion. This will be presented at the in camera session of the December 5th meeting;
We continue to investigate opportunities for waste-to-energy projects at Kaizer Meadow;
We have submitted our application to the RRFB for the business case for the treatment of organic
material onsite at Kaizer Meadow. The RRFB has asked for a few points of clarification and once
these are provided, we expect that they will review our application later in December;
Our new Economic Development Officer, Marianne Gates, has been getting established in her new
role. An update on her activities for the past month will be provided as part of the December 19th
CAO report to COW.
7. Ongoing operational updates
Rick Casavant has left his position as Assistant Building Official effective December 4th;
We will be conducting a one day workshop with Community Development on December 9th. The
purpose of the workshop is to address the issues that have arisen due to various changes within the
department and will be facilitated by Mark Peck, Municipal Advisor. Mark Peck met with
Community Development staff on November 22nd to establish the agenda;
We enlisted Bob Funke, PEng, to provide an operational review of the Public Works department to
identify our areas of strength, areas of opportunity for improvement, suggested changes for
organizational design and job description clarity, and recommendations on tools and changes for
the Director to utilize to improve functionality and morale. We have received the first draft of his
report and expect to have a final draft by early next week.
Black & McDonald Limited Page - 1 - of 1
10 Payzant Avenue, Dartmouth, Nova Scotia B3B 1Z6 Phone (902) 468-3101 Fax (902) 468-3102
Proposal Letter
Chester Tennis Club Court Lighting Budget
Black & McDonald Limited is pleased to submit for your review and consideration our budget proposal for the above
referenced project. Our budget pricing is based upon the scope of work presented in the documents provided.
Scope of Work Summary:
• Implement a traffic and pedestrian safe work area plan and safe work area
• Install one lighting contactor cabinet at tennis club house and connect to power panel
• Supply and install four 50’ wood poles complete with electrical conduit, pull strings and power wire
• Install MUSCO mounting arm structure, fixtures, pole cabinet complete with electrical materials
• Laser aim the MUSCO fixtures to pre-engineered points
• Supply and install underground conduits complete with excavation, backfill, dewatering and restoration
• Pull, connect and test electrical power feeds to each pole
• Note project specific scope items.
• Asphalt cutting, removal and reinstatement as required
Project Clarifications / Notes:
• No winter work costs included with this budget proposal
• Musco package including fixtures, contactor cabinet, pole cabinets and mounting hardware supplied by others
• Budget proposal is based on work during regular working hours.
• Painting provided by others.
• Rock Excavation, removal and disposal extra
• If encountered, removal of any contaminated soil on site by others.
• CSA Inspections are not included, if required.
• Payment Terms Net 30 days.
• Terms and conditions are based on CCA1 / CCDC2 contract document.
Price breakdown:
• Above budget Package with no push button light control strobe and switch $ 41,000 Taxes extra
• Above budget Package with one push button light control strobe and switch $ 43,000 Taxes extra
• Above budget Package with two push buttons for lighting control of two courts $ 45,000 Taxes extra
Black & McDonald would like to thank you for the opportunity to submit this quotation. If you have any questions or concerns
regarding the above please do not hesitate to contact the undersigned directly at (902) 481-3101.
Best Regards,
Black & McDonald Limited
Mark Cormier, CET
Utilities Estimator
Date: November 29, 2013
To: Lesek Demont From: Mark Cormier, CET
Company: Cisco Phone: (902) 223-6774
Phone: (902) 982 4281 E-mail: MCormier@BlackandMcDonald.com
E-mail: ldemont@cisco.com
5516 Spring Garden Road ~ Halifax Nova Scotia ~ B3J 1G6
902-425-5450 ext. 318 (phone) ~ 902-425-5606 (fax)
tennisns@sportnovascotia.ca ~ www.tennisnovascotia.ca
December 1, 2013
To Whom It May Concern:
As the Executive Director of Tennis Nova Scotia, I am pleased to provide a letter of support for
the Chester Tennis Club in their initiative to upgrade their facility.
Tennis Nova Scotia has worked together with the Chester Tennis Club for many years to grow
the game in their area. The Chester Club will again this year be helping to promote the game not
only in their community but also throughout the province by running sanctioned Tennis Nova
Scotia events for competitive and recreational players alike. The South Shore is quickly becoming
a strong tennis region along with the Bridgewater, Lunenburg and Liverpool clubs seeing
increased memberships over the past few years. Tennis Nova Scotia will be assisting with the
introduction of schools programs in the South Shore which will no doubt have a huge effect on
the number of children taking up the game in this region in the coming years.
The Chester Tennis Club has a strong membership base and is a leader in its community. Any
assistance to improve their facility would be greatly appreciated by Tennis Nova Scotia, Tennis
Canada and the Chester Tennis Club membership.
Roger Keating, Executive Director
Tennis Nova Scotia