HomeMy Public PortalAbout2016-08-04_Agenda_Cupolas_Public_Hearing Package
PUBLIC HEARING
AGENDA
4 August 2016, 9 a.m.
Chester Municipal Council Chambers
To amend the Chester Village Area Land Use By-law in order to permit cupolas on
institutional buildings in the Highway Commercial Zone to exceed the current maximum
height of 10 metres (33 feet).
1. CALL TO ORDER (CHAIRMAN)
a) The Agenda
b) General Rules of Conduct
c) Council’s decision governed by Chester Municipal Planning Strategy
2. REPORT OF THE CLERK
a) Applicant, application date, and nature of application
b) Meetings: Council, Committees, Public Information
c) Documentation: Reports, advertisements, notifications, fees paid
d) Written submissions received
3. COMMENTS BY SOLICITOR
4. OVERVIEW BY PLANNER
a) Nature of proposal
b) Outstanding concerns
c) Recommendations
5. COMMENTS BY THE PUBLIC ON THE PROPOSAL
a) Those in favour
b) Those opposed
c) Any other comments
Public Hearing Agenda (continued) August 4, 2016 2
6. CLOSING REMARKS (CHAIRMAN) / CLOSING OF PUBLIC
HEARING
a) Next step: decision by Council
7. DECISION OF COUNCIL / DEFERMENT OF DECISION
REPORT OF THE CLERK
A. DETAILS OF PROPOSED AMENDMENT
Request from: Our Health Center, March 21, 2016
Request date: 31 March 2016 (2016-136) – referred to staff and VAAC for a report
Fees: waived per motion 2016-136
Nature of amendment:
1. Amend the Chester Village Area Land Use By-law at Section 6.3.8B adding a special
requirement to exempt cupolas on institutional buildings in the Highway Commercial
(HC) Zone from height requirements
2. Amend the Chester Village Area Land Use By-law to add a definition for a cupola.
Purpose of amendment: To permit cupolas to exceed the current height of 10m.
B. MEETING DATES
• 31 March 2016: Council – to refer matter to staff (2016-136)
• 11 May 2016: Public Information Meeting
• 17 May 2016: Village Area Advisory Committee
• 21 June 2016: Village Area Advisory Committee
• 07 July 2016: Citizens Planning Advisory Committee (2016-275)
• 14 July 2016: Council (First Reading) (2016-292)
C. DOCUMENTATION
Reports:
• 4 May 1016 : Application Overview for Public Hearing
• 5 June 2016: Staff Report to VAAC (misdated May 4)
• 29 June 2016: Staff Report to CPAC
• 7 July 2016: Staff Report to Council
REPORT TO: Tammy Wilson, CAO
SUBMITTED BY: Pam Myra, Municipal Clerk
DATE: July 27, 2016
SUBJECT: Land Use By-law Amendment
ORIGIN: Council Motion 2016-292
2 Report of the Clerk
Advertisements (Progress Bulletin)
• 04 July 2016: Notice of Public Information Meeting
• 11 May 2016: Notice of meeting of Village Area Advisory Committee (1st meeting)
• 11 May 2016: Errata notice posted at Municipal Offices – date correction
• 15 June 2016: Notice of meeting of Village Area Advisory Committee (2nd meeting)
• 29 June 2016: Notice of meeting of Citizens Planning Advisory Committee
• 20 July 2016: Notice #1 of Public Hearing
• 27 July 2016: Notice #2 of Public Hearing
Other notification:
• 15 July 2016: Letters to Chester Village Commission, advising of amendments with
notification of Public Hearing
• Notices of meetings posted on Municipal office doors
• Sign posted on site
D. WRITTEN SUBMISSIONS RECEIVED
• None to date
Municipality of the District of ChesterMunicipality of the District of ChesterMunicipality of the District of ChesterMunicipality of the District of Chester
Municipality of the District of Chester
A By-Law Amending the Village of Chester Land Use By-law.
Be it enacted by the Council of the Municipality of the District of Chester as follows:
That the Village of Chester Land Use By-law be amended as follows:
1. Section 6.3.8B Special Requirement - Height Regulations is added, to read as follows:
The height limits in 6.3.2 (HC Zone Standards) shall not apply to cupolas, however, the structure forming
the cupola shall not exceed 4.6 m (15 ft.) from the top of the roof that the copula is attached to.
Decorative spires or finials on the cupola shall not be included in the height calculation.
2. Section 16.14a is added to the definitions, to read as follows:
16.14a Cupola
A small decorative structure, not exceeding 14 sq.m. (150 sq.ft.) surmounting and attached to a roof or
dome, often used to admit light and air. The cupola shall be decorative with no access to either the
public or private individuals, or for human habitation or storage or shelter of goods.
Clerk’s Annotation for Official By-law Book
Date of First Reading:
Date of Advertisement – Notice of Intention:
Date of Second Reading:
Date of Advertisement of Passage of By-law:
Certification and seal:
Municipality of the District of Chester
Community Development Department
Staff Report #3
Prepared For: Municipal Council
Submitted By: Tara Maguire, Director of Community Development
Date: July 7, 2016
Subject: Cupolas in the Highway 3 Site Plan Approval Area
APPLICANT Our Health Centre Association
PROPOSAL Amend the Chester Village Planning Documents to permit the
addition of cupolas to buildings which result in the structure exceeding
the maximum height limit.
LOCATION 3769 Highway 3
LOT SIZE 7083.7 m2 ( 76 248.3 ft 2)
DESIGNATION HC (Highway Commercial)
ZONE HC (Highway Commercial)
SURROUNDING USES Commercial, Multi-Unit Residential, Low Density Residential,
Nursing Home, Vacant land
NEIGHBOUR
NOTIFICATION
None to date – if general amendment (i.e. all HC zone) no notification
of neighbouring properties
Recommendation
That Municipal Council support an amendment to the Chester Village and Area Land Use By-law
as presented in Appendix A of this report. Further that Municipal Council set a date for the public
hearing.
Background
On January 25, 2016 Our Health Centre (OHC) applied for a variance to exceed the height limit of 10
metres (33 feet) feet to allow a second cupola, measuring ten (10) feet by ten (10) feet (excluding eaves),
Staff Report #3 Page 2
OHC Cupola Height Exemptions July 27, 2016
on the Our Health Centre medical clinic. We measure setbacks to the eaves which would result in a
structure that is approximately 12 feet by 12 feet assuming a 1 foot eave. This would result in the building
having an overall height of 13.41 metres (44 feet). Within the Highway Commercial Zone, where OHC is
located, the maximum height is limited to 10 m (approx. 33 ft.). This is measured from the lowest grade
to the highest point.
The variance application was denied by the Development Officer.
Her decision was appealed to Council. On March 10, 2016, Council
upheld the Development Officer’s decision to deny the variance
request from Our Health Centre Association. Council indicated to
the applicant that while they did not have an issue with this
particular request, in this particular location, they felt that the
decision to deny the variance was consistent with the land use bylaw
and policy as it existed. They felt that proper process to follow
would be to request an amendment to the planning documents.
Our Health Centre applied for an amendment to the planning
documents to permit the addition of cupolas that result in the
structure exceeding the maximum height limit. Cupolas are small structures that are built on top of a roof
to add architectural interest and
importance to a building. They often
serve as a location for mechanical
equipment or as a structure that allows
light and hot air to escape, allowing them
to serve both a utilitarian as well as an
aesthetic purpose.
The OHC request was specific to cupolas
in the Highway 3 Site Plan Approval
Area. This report outlines some of the
issues that should be considered in
amending the Land Use By-law to
accommodate their request. Proposed
amendments have been reviewed by the
Chester Village Area Advisory
Committee (VAAC). The VAAC made a
recommendation to the Citizens’
Planning Advisory Committee (CPAC)
who then made a recommendation to Municipal Council. A public hearing will be required before any
amendment is approved. A full policy analysis has not been completed at this time. If it is found that a
policy amendment is required to support the amendment to the Land Use By-law, Council’s decision
would not be appealable, but it would be subject to provincial review for compliance with the Provincial
Statements of Interest. If the amendment is found to have sufficient policy support and does not require a
Staff Report #3 Page 3
OHC Cupola Height Exemptions July 27, 2016
policy amendment, the decision of Council would be appealable to the Nova Scotia Utility and Review
Board.
Subject Properties
The original application was for the location of Our Health Centre, which is currently under construction.
The site is located at 3769 Highway 3, identified as PID 60692639. The parcel is located in the Highway
Commercial Zone (HC) and within the Highway 3 Site Plan Approval Area.
Discussion - Considerations
A) Highway 3 Streetscape Plan
In 2010 Council commissioned a study of the Highway 3 streetscape between Robinson’s Corner and
Stevens Road. The final report, “Planning Vision and Streetscape Design for Highway 3 at Chester
Village” by Ekistics Planning and Design, dated January 2011, was accepted by Council in January 2011.
That study set out a vision for land use, site development standards, and architecture which led to multiple
amendments of the Secondary Planning Strategy and the accompanying Land Use By-law. The study
expresses Council’s general intent for development in this area, summarized in the vision for the area:
“… residents want Highway 3 to be
thought of again as North Street. A street
that is a special place, and extension of
Chester’s high quality sense of place and
an artery through a special community.
The vision of the sprawling commercial
strip-malls and generic franchises was
rejected….”.
To ensure that the development along the Highway
3 corridor supports the community vision, the
Highway 3 Streetscape Study recommends comprehensive design guidelines that specify site
development standards, landscaping standards, and architectural standards. The guidelines support
development that is consistent with the high quality building forms found in the village. Buildings should
have architectural features and patterns that provide visual interest at a pedestrian scale, break up large
building masses into distinguishable parts, and are compatible with the character of the local area.
The Highway 3 design guidelines recognize that cupolas and chimneys are common building elements in
Chester, and encourage new buildings with traditional styles to include cupolas and chimneys.
B) Highway Commercial Zone/Highwy 3 Site Plan Appr oval Area
The map below shows the Highway Commercial Zone and the Highway 3 Site Plan Approval Area.
Staff Report #3 Page 4
OHC Cupola Height Exemptions July 27, 2016
Within the Highway 3 Site Plan Approval Area, there are a number of other zones including: Medium
Density Residential Zone (MR); Rural Use (RU); Rural Use 2 (RU2); Special Commercial B(SCB); Low
Density Residential (LR), Institutional (I),and Parks and Recreation (P).
The Chester Village and Area Land Use by-law regulates the height of structures through the zone
requirements in each zone. Within the Highway Commercial Zone the maximum height is limited to 10 m
(approx. 33 ft.). This is measured from the lowest grade to the highest point.
Many of the uses permitted in this zone are commercial and institutional uses. The following uses are
permitted in the Highway Commercial Zone:
Developments Permitted Subject to HC
Zone Requirements and subject to the Site
Plan requirements of Section 4.10
Developments Permitted Subject to Other
Requirements
All Central Commercial Zone uses listed in
Subsection 6.2.1 (a), with the exception of Parking
Lots
Animal Hospitals and Animal Shelters
Body Shops
i) Single unit dwellings, two-unit dwellings, and
group homes subject to the requirements of
Subsection 5.2.2 (Low Density Residential Zone
Standards);
Staff Report #3 Page 5
OHC Cupola Height Exemptions July 27, 2016
Automobile Service Stations
Automobile Washing Establishments
Drive-through sales
Existing Multi-Family dwellings listed on
Schedule "C"
Existing Industrial developments listed on
Schedule "C" subject to Subsection 6.3.8
Hotel & Motels
Industrial Workshops
Outdoor Storage and Displays
Tourist Information Centres
Warehouses and enclosed distribution centres
Park and Recreation Uses
Shopping Centres
Residential conversions containing a maximum of
four (4) dwelling units
ii) Any form of residential development not
otherwise permitted, containing not more than
twelve (12) dwelling units located in the “Outer
Residential Area” identified on Planning Strategy
Map 6, Residential Areas and in accordance with
the requirements of Section 4.10 (Highway 3 Site
Plan Approval).
iii) Institutional Developments listed in and
subject to the requirements both of Section 8.2
and Section 4.10 Highway 3 Site Plan Approval)..
iv) Mobile homes located only in the "Outer
Residential Area" identified on Planning Strategy
Map 6, Residential Areas and in accordance with
the requirements of Section 4.8 (Mobile Home Site
Plan).
v) Mini-homes are permitted only in the Outer
Residential Area under Section 4.5.16.
The following uses are permitted in the Highway Commercial Zone by Development Agreement.
Developments Permitted by Development Agreement
i) Expansion of existing industrial developments in accordance with Planning Strategy Policy 4.4.6.
ii) Industrial developments in the Highway Commercial Development Agreement Area in accordance
with Planning Strategy Policy 4.4.7
The OHC is an institutional development, which are permitted in the Highway Commercial Zone. To
determine what developments are Institutional Development, we refer to the Institutional Zone and the
uses that are permitted within that zone as permitted Developments.
Section 8.2.1 lists the uses permitted in the Institutional Zone. These uses are all permitted in the
Highway Commercial Zone, subject to the Section 4.10, the Highway 3 Site Plan Approval requirements
and the lot size standards found in Section 8.2.
Permitted Subject to Institutional Zone Standards
Staff Report #3 Page 6
OHC Cupola Height Exemptions July 27, 2016
Ambulance and Emergency Response Services
Arenas
Business and professional offices in existing buildings subject to special requirement 8.2.5
Medical Clinics
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 associate with the above uses.
Sewage Treatment Facilities
C) Height Exemptions
There is a General Provision (4.5.12) that applies to all zones that exempts some structures, or elements of
a structure, from the height regulations in each zone. These exemptions include spires on a church, public
utility water tanks, flagpoles, telecommunications towers or chimneys. It is possible add cupolas to this
list of exemptions. While this would be a simple amendment that would only require the addition of a few
words to Section 4.5.12, the impact would be more significant. Adding cupolas to this section would
mean that the height exemption would apply in all zones, including those in the core of the Village. At
this time, staff does not believe that there is a desire to provide such a broad exemption to the height
requirement.
Within each zone there are often special requirements that apply only to certain uses within the zone. It is
possible to include special exceptions within the Highway Commercial Zone that exempt cupolas on
buildings that are occupied by Institutional Uses from the maximum height regulations. Such an
amendment would only apply when the cupola itself exceeds the height requirement. This amendment
would allow a portion of the building – the cupola – to exceed 33 feet. It would not allow other parts of
the building (e.g. the roof peak) to exceed 33 feet.
Staff feels that any cupola exemptions considered should be limited in scope. Staff feel it is reasonable to
consider that an exemption only apply to Institutional uses in the Highway Commercial zone. This would
limit the number of structures where the exemption would apply, but still allow civic buildings to appear
more prominently.
Staff Report #3 Page 7
OHC Cupola Height Exemptions July 27, 2016
The Secondary Planning Strategy is in place intent to ensure high quality building design. There is a
general recognition that cupolas are characteristic of traditional buildings in the Village of Chester. Staff
therefore feels it is appropriate to allow institutional buildings in the Highway Commercial zone to
include cupolas that exceed the standard height limit. Institutional buildings are small in number and are
generally public or civic buildings. As such they may be given special treatment and allowed a place of
prominence in the Highway Commercial zone.
Additional consideration is needed about how a potential exemption for cupolas would apply to those
uses that are only permitted subject to additional Land Use By-law requirements. Similar consideration is
needed for uses permitted by Development Agreement. In addition, there may be some buildings that
contain both Commercial and Institutional uses.
Policy Analysis
Policy Analysis
2.2.2 It is the intention of Council to protect
the existing character of Chester from
inappropriate development and to require that
new development shall fit in with and enhance
existing character.
The Highway Commercial Zone is within the
Highway 3 Site Plan Control Area. The intent of
the architectural controls in this area are to
ensure that development is consistent with the
character of the Village. The cupola is a feature
that can be found in many traditional buildings
in the Village the design guidelines encourage
cupolas on buildings. The additional height
would only be for the portion of the building
with the cupola. Staff feels that this is consistent
with the policy. By way of example, the Health
Centre building’s form and features, including
roofline, gables and window style, are consistent
with those of Chester’s traditional building
stock.
2.2.6 It is the intention of Council that the
study “Planning Vision and Streetscape Design
for Highway 3 at Chester Village” by Ekistics
Planning and Design, dated January 2011
expresses Council’s general intent for future
development along Highway 3 within the
Chester Village Area.
The Ekistics study establishes a design approach
to development in the Highway 3 area that
advocates a strong sense of place through the
reinforcement of traditional architectural
character. Permitting civic building to have
cupolas that exceed the 10m height limit would
give prominence to these buildings and indicate
their importance as part of the community fabric.
4.3.7 To designate the area shown as Highway
3 Site Plan Approval Area on Map 7, Future
Land Use Map, Architectural Control Areas as
an area within which all developments other than
single unit dwellings and two unit dwellings
This exemption would only apply in the
Highway Commercial Zone which is part of the
Highway 3 Site Plan Control Area. A site plan
approval and design guidelines are part of the
review process. Exterior based on the design
Staff Report #3 Page 8
OHC Cupola Height Exemptions July 27, 2016
shall be approved only in accordance with a site
plan which conforms to the design guidelines set
out in the Land Use By-law.
guidelines. Currently the architectural controls
are not enforceable as the MGA does not permit
these controls via site plan. However, staff are
bringing forward amendments that would
remove the design review from the site plan
process and would add them as part of the
development permit process. Guideline 8
(Roofs) states: “Chimneys and cupolas are
common on traditional buildings in Chester. If
the new building’s style is traditional, chimneys
or cupolas are encouraged.”
4.9.3 That the Land Use By-law establishes
maximum height limitations and minimum yard
requirements in each zone so as to provide for
separation between adjacent buildings as well as
between buildings and lot lines, for adequate fire
separation, emergency vehicle access, on-site
parking, maintenance of buildings and land,
private outdoor space, solar exposure, air
circulation, separation of land uses to reduce
land use conflicts, and preservation of the
character of the various neighbourhoods within
the planning area.
Height limits are used to protect public safety
and serviceability, and to ensure compatibility
from a land use perspective. There are already
exemptions in the Land Use By-law that exempt
some structures, or portions of them, from the
height requirements. This exemption is limited in
scope to only institutional buildings in the
Highway Commercial Zone. The Highway 3 Site
Plan area is not the core residential zone, it has a
mixture of commercial, institutional, industrial
as well as low and medium density residential
uses. With the exemption of the portion of the
OHC lot, properties within the zone are located
outside the inner residential area. It is felt that
limiting the exemptions in this way minimizes
potential land use conflicts. While the proposed
exemption for cupolas would break the height
limit on a very specific portion of a building, it is
not seen as a significant factor in terms of land
use conflict. It creates architectural interest, is
compatible with the traditional character of the
village. It should not be an issues for fire
separation and emergency vehicle access.
Similar structures (i.e. chimneys, church
steeples) are already granted a similar height
exemption through the general provisions.
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;
a) The proposed height exemption for
cupola contributes to the Planning
Staff Report #3 Page 9
OHC Cupola Height Exemptions July 27, 2016
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.
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.
Strategy’s intent of protecting and
enhancing traditional character.
b) Structures to which the exemption would
apply would still need to undergo the
relevant permitting processes including
site plan approval and development
permits as applicable.
c) The cupola, as a rooftop feature, has no
bearing on cost, services, pollution,
erosion, storm drainage, or traffic. The
only potential issue that may be relevant
in the list is the adequacy of fire
protection measures. However, there are
already existing provisions that provide
exemptions that allow some similar
structures to exceed the height
requirement.
d) n/a
Staff Report #3 Page 10
OHC Cupola Height Exemptions July 27, 2016
e) all other matters of planning
concern have been addressed.
e) None identified.
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.
This amendment is in relation to the addition of a
cupola to the new medical centre. The original
application to consider an amendment was to
permit the construction of a cupola that exceeds
the height limit on that structure by 11 feet.
Public Information Session
A public information session regarding this amendment was held on May 11, 2016. There were
approximately 10 members of the public in attendance. No objections or issues were raised. There was
general support for the application. There was a general appreciation for the limited scope that ensures the
exemption would only apply to civic buildings in a limited area and that it be limited to the North Street
area.
Village Area Advisory Committee
A staff report was taken to the VAAC on May 5, 2016. The application was discussed, however a vote
was not taken as it was thought that there was not quorum to take a vote.
On June 21, 2016, the application was presented a second time to VAAC. Discussion was held regarding
the definition that would be used for a cupola. The committee suggested that a definition be provided to
ensure some clarity on what constituted a cupola. Staff has added a definition that would be included as
an amendment to Part 16- Definitions of the land use by-law. The committee passed a motion 3-1 in
favor of a positive recommendation to the Citizen’s Planning Advisory committee.
Staff Report #3 Page 11
OHC Cupola Height Exemptions July 27, 2016
Citizen’s Planning Advisory Committee
A staff report was taken to the CPAC on July 4, 2016. CPAC discussed ways that the amendment could
be further refined to ensure that there are limits on the height and dimensions of a copula. Further they
wanted to make sure that the cupolas would not be inhabitable or available for storage. Staff has added
language to the proposed amendments to address these issues.
Options
1. Make a positive recommendation to the Citizen’s Planning Advisory Committee to support an
amendment to the Chester Village and Area Land Use By-law as presented in Appendix A of this
report.
2. Make a negative recommendation to the Citizen’s Planning Advisory Committee to recommend
that no amendment be made to the Chester Village and Area Land Use By-law to exempt cupolas
from the height limits. This recommendation would prevent the Our Health Centre from adding a
second cupola to the new medical center that exceeds the existing height of 33 feet.
3. Request more information or clarifications from staff. The report will come back to VAAC with
further information and a more detailed report.
Staff Report #3 Page 12
OHC Cupola Height Exemptions July 27, 2016
Appendix A – Proposed Amendment
Municipality of the District of Chester
A By-Law Amending the Village of Chester Land Use By-law
Be it enacted by the Council of the Municipality of the District of Chester as follows:
That the Village of Chester Land Use By-law be amended as follows:
1. Section 6.3.8B Special Requirement - Height Regulations is added, to read as follows:
The height limits in 6.3.2 (HC Zone Standards) shall not apply to cupolas, however, the structure forming
the cupola shall not exceed 4.6 m (15 ft.) from the top of the roof that the copula is attached to.
Decorative spires or finials on the cupola shall not be included in the height calculation.
2. Section 16.14a is added to the definitions, to read as follows:
16.14a Cupola
A small decorative structure, not exceeding 14 sq.m. (150 sq.ft.) surmounting and attached to a roof or
dome, often used to admit light and air. The cupola shall be decorative with no access to either the public
or private individuals, or for human habitation or storage or shelter of goods.