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Home My Public Portal About 2017-02-23_1_Public Hearing_Residential Developments_Varied Massing_DAMUNICIPALITY OF THE DISTRICT OF CHESTER �►� 17:1 PUBLIC HEARING Amend the Chester Municipal Land Use By-law to require residential developments that are subject to a residential site plan to also be subject to architectural controls for varied massing through develop permit process. 2 3 February 2 017 Chester Municipal Council Chambers 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 6) CLOSING REMARKS (CHAIRMAN) / CLOSING OF PUBLIC HEARING a) Next step: decision by Council 7) DECISION OF COUNCIL /DEFERMENT OF DECISION MllNICIPALITY OF THE DISTRICT OF CHESTER REPORT TO: Tammy Wilson, CAO SUBMITTED BY: Pam Myra, Municipal Clerk DATE: 23 February 2017 (prepared 15 February 2017) SUBJECT: 2017-016: Motion to require residential developments that are subject to residential site plan approval to also be subject to architectural controls for varied massing through the development permit process. 2017-017: Motion to set public hearing date as February 16, 2017. (NOTE: due to advertising deadline, the Public Hearing date was moved to February 23, 2017 to ensure proper notice was given in the newspaper). (A) DETAILS OF PROPOSED AMENDMENTS Request from: Staff Request date: 12 January 2017 -Report to Council presented by staff. Nature of amendments: Require residential developments which are subject to site plan approval to also be subject to architectural controls for varied massing through the development permit process. Purpose of amendments: To clarify the requirements and process for residential developments that require site plan approval and to ensure appropriate architectural controls are applied to such developments. (B) MEETING DATES ■ 12 January 2017: Council (First Reading) (C) DOCUMENTATION Reports: ■ 07 December 2016: Staff Report to Municipal Council Advertisements (Progress Bulletin) ■ I February 2017: Notice #1 of Public Hearing ■ 8 February 2017: Notice #2 of Public Hearing ■ 15 February 2017: Notice #3 of Public Hearing Other notification: ■ 27 January 2017: Letters to Chester Village Commission, Halifax Regional Municipality, Municipality of Kings County, Municipality of the District of Lunenburg and the Municipality of West Hants. ■ Notices of meetings posted on Municipal office doors Fees paid: none. (D) WRITTEN SUBMISSIONS RECEIVED None to date Pam Myra �' f. THE NtUNICIPALITY OF CHESTER Municipality of the District of Chester Community Development Department A Prepared for: Municipal Council Submitted by: Tara Maguire, Director Date: December 7, 2016 Subject: Site Plan Approval: Varied Massing for Residential Developments by Site Plan APPLICANT PROPOSAL LOCATION NEIGHBOUR NOTIFICATION Recommendation Staff recommends Option 1: Council initiated Amend the Municipal Land Use By-law to require residential developments that are subject to a residential site plan to also be subject to architectural controls for varied massing through development permit process. n/a — this is a general amendment None to date — if general amendment (i.e. several zones) no direct notification of neighbouring properties That Council give first reading to amendments to require residential developments that are subject to a residential site plan to also be subject to architectural controls for varied massing through the development permit process, and that Council sets a Public Hearing date for these amendments. Background Staff and Council have found a number of problems with site plan approvals. Several reports, including this one, deal with the problem of architectural control and site plan approval. Under the Municipal Government Act, architectural controls may not legally be enforced through site plan approval. The Municipal Land Use By-law currently have architectural controls for varied massing under the residential site plan approval process; these cannot be enforced. Staff Report Page 2 Architectural Controls and Residential Site Plans December 7, 2016 The Municipal Government Act, Section 231 (4), outlines what a site plan approval may consider. Site plans may only address matters such as landscaping, lighting, parking, setbacks and signage. Architectural controls are not included in this list. They are beyond the scope of site plan approval. The municipal solicitor's opinion is that the provisions are not enforceable. For that reason, Council directed staff to propose amendments that would allow architectural controls to be enforced. Policy Analysis and Discussion Staff is proposing amendments so that architectural controls can be enforced by development permit, instead of through site plan approval. The amendments would move architectural controls to a different section of the Land Use By-law. The architectural controls would be enforced though the Development Permit process. The Municipal Land Use By-law currently requires that new residential buildings with a ground floor area of more than 1500 sq. ft., which require site plan, must have varied massing. The relevant portion of the Land Use By-law is below: Section 4.4.10 e) ii "Any new building with a footprint (ground floor area) greater than 1500 sq.ft. shall have varied massing comprised of a main building form with added wings, ells, porches, etc., joined to the main building form under varied roof lines. The composition of these features shall have the effect of breaking up the overall visual mass of the building into smaller components, reducing apparent bulk, adding visual interest, and creating an intimate scale." Staff propose that this requirement be moved to a new section, Section 4.4.11. This would remove this architectural control from the site plan approval and place this requirement under the Development Permit process. Section 4.4.11 would be a general provision that would apply to all zones for all developments that are subject to the Residential Site Plan of section 4.410. Residential developments not subject to section 4.4.10 would also not be subject to the new section 4.4.11. Amendment Options 1. That Council give first reading to amendments to require residential developments that are subject to a residential site plan to also be subject to architectural controls for varied massing through the development permit process, and that Council sets a Public Hearing date for these amendments. 2. That Council does not give first reading to amendments to the Municipal Land Use By-law to enforce architectural controls through the development permit process for residential Staff Report Architectural Controls and Residential Site Plans Page 3 December 7, 2016 developments that are subject to a residential site plan approval. A Public Hearing date would not be set. Conclusion Staff recommends moving the varied massing requirement to a new section, Section 4.4.11. Allowing this architectural control element to be enforced through the development permit process instead of the site plan approval. Section 4.4.11 would be a general provision that would apply to all zones for all developments that are subject to the Residential Site Plan of section 4.410. Residential developments not subject to section 4.4.10 would also not be subject to the new section 4.4.11. Appendix Municipality of the District of Chester A By -Law Amending the Municipal Land Use By-law; Be it enacted by the Council of the Municipality of the District of Chester as follows: 1. Amend the Municipal Land Use By-law to require residential developments that are subject to a residential site plan to also be subject to architectural controls through the development permit process instead of the site plan process. Municipal Land Use By-law Strikethrough text is deleted. Underlined text is added. Section 4.4.10.e)(ii) is deleted: dbA•P %�AM, illlvN 4PILW ILW • IVWW IllMIAAp Ill 0 W"M2W&qW 0 wain= quirMLIMIlliuvi 490 • CP�A POS" N 1111 IrM.Mr. "'I m. rrmlll! Section 4.4.11 Varied Massing for Residential Developments is added under general provisions: Those developments that are identified as being subject to section 4.4-10 shall be subject to the following: Any new residential building with a footprint (ground floor area) greater than 1500 sq.ft. shall have varied massing comprised of a main building form with added wings, ells, porches, etc., joined to the main building form under varied roof lines. The composition of these features shall have the effect of breaking up the overall visual mass of the building into smaller components, reducing apparent bulk, adding visual interest, and creating an intimate scale.