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HomeMy Public PortalAbout2016-10-06_Special Council_Public_Agenda PackagePage 1 of 1 MUNICIPAL SPECIAL COUNCIL AGENDA Thursday,October 6, 2016 at 8:45 a.m. Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.MINUTES OF PREVIOUS MEETING: (None at this time) 4.MATTERS ARISING: 4.1 Report from Director of Community Development dated October 3, 2016 regarding Park/Open Space development on land not owned by MODC. a)Municipal Planning Strategy and Land Use By-Law Amendments 5.CORRESPONDENCE. 6.NEW BUSINESS. 7.ADJOURNMENT. Municipality of the District of Chester Community Development Department Application Overview Prepared for:Warden and Municipal Council Submitted by:Tara Maguire, Community Development Director Date:October 3, 2016 Subject:Park/Open Space development on land not owned by MODC APPLICANT Council Initiated PROPOSAL Amendments to the MPS and LUB to require development that provides public access to inland waterways through the development of parks, open space, or other recreational lands to be done through a Development Agreement. LOCATION General amendment LOT SIZE m2(ft2) DESIGNATION n/a ZONE n/a SURROUNDING USES n/a NEIGHBOUR NOTIFICATION None to date Recommendation For discussion and decision. Background During an in camera discussion on September 8, Council directed staff to prepare amendments to the MPS and LUB that would address their concerns with the development of parks that allow public access to inland waterways. This report provides a summary of the proposed changes and rationale for the changes. The Municipality recognizes the importance and many benefits of parks and open space. Normally, within the municipality, parks are developed by the provincial or federal government or by the Municipality of Chester (MODC).However, public spaces can be developed by other public Application Overview Page 2 Park Development on land not owned by MODC October 5, 2016 or private organizations, or by individuals, that may not have the same level of accountability to the residents of the MODC. Of particular concern is development that provides public access to inland waterways through the development of parks, open space, or other recreational lands. Staff understand that Council is concerned about the environmental impacts of lakefront and waterfront development as well as the impact on the neighbouring residents.Concerns include: traffic generated on the roads that access waterways (which are often private roads, or rural public roads which often do not meet municipal standards) noise and pollution from motorized boating litter and garbage the impact of increased noise, outdoor display areas, lighting and outdoor storage areas environmental impact / environmental integrity of waterway the use of the park as an off-leash dog park ensuring adequate parking is provided while also minimizing impacts on nearby properties When Municipal Council develops land for public purposes, it does so for the residents of MODC as well as visitors and there are procedures in place that ensure consultation with the public, MODC’s recreation committee and Council with an aim to ensure that the use integrates into to the surrounding community and the environment with minimal impact. There is a public purpose for requiring that the development of land by interests other than the Municipality of Chester or the Crown, which provides public access to inland waterways, should be subject to a process that ensures adequate measures are taken to protect the environment, reduce potential land use conflicts and engage the public in the process. Discussion -Considerations A)Recreational U ses Public access to inland waterways is commonly done in order to allow the public to enjoy the many recreational benefits of the lakes and watercourses. Boating, fishing,and swimming are commonly suggested at activities that are not possible if the waterfront is entirely under private ownership. Swimming is probably the one activity that is the least intrusive for neighboring properties and the other property owners around a lake. Fishing can occur either from a boat, or from the shoreline. The concerns with fishing from a shoreline would mainly revolve around the location of such activities and how they would impact potential swimming areas.It would be difficult for council to address these concerns under a development agreement. The MGA has specific criteria that can be considered by development Application Overview Page 3 Park Development on land not owned by MODC October 5, 2016 agreement. Land uses are able to be controlled, however, this is not the same as saying that activities on the land can be controlled. If fishing was a land use, council could retain some control, however, it is an activity and therefore it is difficult to control where and when fishing can occur.In addition, the Angling Act “…permits people who are engaged in recreational fishing passage on foot along the banks of watercourses, across uncultivated land and across Crown lands” (CBCL, 2008, p.143).If a structure were constructed to provide a place for people to fish, the structure would be a land use that would then fall under municipal jurisdiction. Council could review the location and details of the structure to ensure it is located away from areas which would pose safety concerns. One of the biggest concerns with public access to inland waterways, is the presence of boats. Generally, passive recreational use of the lake does not pose too many concerns with regard to environmental impact, nor do they create significant amounts of noise that could create a nuisance for the nearby properties. The issues become more complex for motorized boats which are generally larger,noisier, and have a greater environmental impact than non-motorized boats. When it comes to regulating the size or types of boats or the engine size there are a number of questions that should be considered: What is the goal of the regulation? Why is this a reasonable and rational purpose? How will the regulation accomplish the goal? Why are certain boats singled out for regulation? Does the regulation apply equally to all properties? In this case, it is a reasonable public purpose to protect residents who own property on the waterway who might be affected by the introduction of additional of boats and to control motorboat access to the waterway. However, consideration should also be given to the fact that other properties on the waterway do not have restrictions regarding the type or size of boats they use on the waterway, nor the engine size. If the public purpose is to prevent or control motorboats, the courts may expect that the same restriction would apply to all property owners. There is concern over the perception that Council is attempting to control the use or activities on a waterway which is not under their jurisdiction.I would also note that, the MGA limits what can be regulated through a development agreement. Land uses and structures are clearly items that can be regulated by a development agreement. It is clear that a wharf or ramp is a type of land use, however, it is less clear if this means that a development agreement can regulate how the ramps is used. Council does not have the ability to regulate the dimensions or a structure,unless they do this as a proportion of lot dimensions or frontage. Such an approach would not guarantee small structures that limit they type of boats that could be used, since it would be relative to the lot size. Application Overview Page 4 Park Development on land not owned by MODC October 5, 2016 Council can control land uses, which may include a wharf, ramp or other structure that meets the shore. It is not as clear how, or if, their authority extends beyond the high water mark. Another major concerns with boats is the environmental impact on water quality. While council has some authority to control factors such as stormwater runoff, and sedimentation that are a result of development or land use, environmental protection of the lake remains the jurisdiction of the province. B)Off Leash Dog Park Increasingly, public parks are including areas for off leash dog parks. The parks often raise a number of concerns for the surrounding community. Noise, safety, conflicts with other park users, unsafe access, a lack of adequate fencing, are all issues that may make these parks unwelcome neighbors.Given the growing trend towards providing a space for dogs to socialize and run off their leash, it would be reasonable to regulate this type of land use. In terms of regulating this use though development agreement the main issue is ensuring that the boundaries of the area are identified and that adequate fencing is provided. The American Kennel Club (www.akc.org) suggests a four- to six-foot high chain-link fence. Preferably, the fence should be equipped with a double-gated entry to keep dogs from escaping and to facilitate wheelchair access. C)Traffic, Parking and Road Access As previously mentioned, many of the properties are adjacent to inland waterways are located on private or rural roads that may not be constructed to a municipal standard. While council could give consideration to a requiring the property to have roads constructed to municipal specifications, this cannot be extended to the roads that access the property. The development agreement only applies to the property on which the development is occurring. Council can give consideration to the road and adjacent properties on the access road, including: safety concerns; and impact of increased traffic. Likewise, council can include criteria to ensure sufficient parking to serve the development, suffice lighting of the parking area, and safe access from the parking area to the rest of the development. D)Public Consultaiton One of council’s concerns with development that provides public access to inland waterways when the property is not owned by either the Crown or the Municipality of Chester, is the level of accountability to the public and the need to involve the community as early in development argument process as possible. The draft criteria outlined in Appendix A include a requirement for the developer to hold at least one public information meeting in the community in which the development is proposed. The intention of this meeting is for the developer to hear the concerns of the neighbours and residents in the community and to allow them an opportunity to influence the design and features of the development. It is recognized that not all issues may be able to be addressed by the developer, however, council will need to give consideration if the developer has Application Overview Page 5 Park Development on land not owned by MODC October 5, 2016 reasonably demonstrated that they have attempted to address concerns. If a concern is outside of the control of the developer, or is an unfair expectation to place on the developer, council will have the ability to sue their discretion in making this determination. E)Other Concerns In considering development agreement criteria for the development of property that allow public access to inland waterways the following concerns have been addressed: •where applicable, adequate measures have been taken to minimize increases in stormwater runoff from any development in order to diminish flooding,siltation,non-point source pollution and to minimize any impacts on water quality measures, and minimize erosion. Impact; •consideration has been given to neighbourhood access and connection, particularly connectivity to existing park and trail systems; •potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display, outdoor storage, traffic, vehicle headlights, and noise through appropriate site design, landscaping, buffering and fencing; •neighbouring properties will not be adversely affected as a result of traffic generation, visual intrusion, hours of operation,noise, or lighting.Council may also consider the overall impact of the development on all properties which abut the lake. Options 1.That Council give first reading to the Land Use By-law and Municipal Planning Strategy amendments as outlined in Appendix A. 2.That Council not give first reading to the Land Use By-law and Municipal Planning Strategy amendments as outlined in Appendix A and direct staff to make additional changes. 3.That Council decide not to amend the Land Use By-law and Municipal Planning Strategy. References CBCL Limited.“Our Coast. Live. Work. Play. Protect: The 2009 State of Nova Scotia’s Coast Technical Report”. 2009. Province of Nova Scotia. http://novascotia.ca/coast/state-of-the-coast.asp Application Overview Page 6 Park Development on land not owned by MODC October 5, 2016 Municipality of the District of Chester A BY-LAW AMENDING THE MUNICIPALITY OF THE DISTRICT OF CHESTER MUNICIPAL PLANNING STRATEGY AND LAND USE BY-LAW Municipal Planning Strategy Amendments Be it enacted by the Council of the Municipality of the District of Chester as follows: 1)Amend the Municipal Planning Strategy by adding the following sections and renumbering subsequent sections as necessary. 2.8 Land Adjacent to Inland Waterways for public access and use The Municipality recognizes the importance and many benefits of parks and open space. Within the Municipality of Chester, parks are developed by the provincial or federal government or by the Municipality of Chester. However, public spaces can be developed by other public or private organizations,or by individuals, that may not have the same level of accountability to the residents of the Municipality of Chester (MODC). Of particular concern is development that provides public access to inland waterways through the development of parks, open space, or other recreational lands. Council is concerned about the environmental impacts of lakefront and waterfront development as well as the impact on the neighbouring residents.When Municipal Council develops land for public purposes, it does so for the residents of MODC as well as visitors and there are procedures in place that ensure consultation with the public, MODC’s recreation committee and Council with an aim to ensure that the use integrates into to the surrounding community and the environment with minimal impact. Council believes that the development of land by interests other than the Municipality of Chester or the Crown, which provides public access to inland waterways,should be subject to a process that ensures adequate measures are taken to protect the environment, reduce potential land use conflicts and engage the public in the process. In order to ensure that the development and use of land adjacent to inland waterways for public purposes has a minimal impact on the environment, and the surrounding community,Council adopts the following policies: 2.8.1 To consider the development of land that provides public access to inland waterways identified on Schedule A-11,which are not owned by the Crown, or the Municipality of the District of Chester,only by Development Agreement subject to policies 8.0.4 and 8.0.12.For the purpose of this policy access to inland waterways comprises activities such as, but not limited to,boat launches, beaches, picnic areas, parking areas and associated public amenities. Park Development on land not owned by MODC October 5, 2016 2.8.2 Prior to a development agreement for a development subject to Policy 2.8.1 being considered by Council or any committee of Council, the developer must hold at least one public information meeting in the community in which the development is proposed to receive feedback and input from the community on the design, layout,and use of the development. 2)Further amend the Municipal Planning Strategy by added after Section 8.0.11: 8.0.12 In addition to policy 8.0.4, when approving a development agreement for uses that provides public access to inland waterways property that is not owned by the Municipality or Crown, Council shall be satisfied that: a)neighbouring properties will not be adversely affected as a result of traffic generation, visual intrusion, hours of operation,noise, or lighting.Council may also consider the overall impact of the development on all properties which abut the lake. b)that the proposed development resolves any potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display, outdoor storage, traffic, vehicle headlights, and noise through appropriate site design, landscaping, buffering and fencing; c)the development site is suitable in regards to grading, soils, geological conditions, and susceptibility to man-made or natural hazards. d)areas used for the purpose of an off-leash dog park shall be fenced with chain link fencing or a suitable alternative, that is at least four feet high.Preferably, the fence should be equipped with a double-gated entry to keep dogs from escaping and to facilitate wheelchair access. e)sufficient, adequate parking areas are provided and that safe access to the parking areas has been provided for the public. f)safe and adequate roadway access is provided. g)where applicable,adequate measures have been taken to minimize increases in stormwater runoff from any development in order to diminish flooding, siltation,non-point source pollution and to minimize any impacts on water quality measures,and minimize erosion. h)boat launches shall be limited to those that provide access to non-motorized water-craft. i)Any structures such as boat launches, piers or wharves used for fishing or boat access, are located away from any areas designated as summing areas. j)consideration has been given to neighbourhood access and connection, particularly connectivity to existing park and trail systems. Park Development on land not owned by MODC October 5, 2016 k)the developer has reasonably demonstrated that they have attempted to address the concerns that were raised at the public information meeting required under Policy 2.8.2 which are able to be controlled though the development agreement process according to the Municipal Government Act. Land Use By-law Amendments 3)The Land Use By-law is amended by adding the following sections and renumbering subsequent sections as necessary. 4.3.5 Development and use of land adjacent inland waterways for public purposes Where a development provides public access to inland waterways for public purposes, including parks, open space, recreational purposes, a development agreement is required in accordance with Municipal Planning Strategy Polices 2.8.1 and 2.8.2. 4) Further amend the Land Use by-law is amended at Section 6B.1.1 by adding: b) (v)Developments subject to Section 4.3.5 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: