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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.