HomeMy Public PortalAbout2018-05-24_Public Hearing Package_Off Site ParkingTo Amend Chester Village Secondary Planning Strategy and Land Use By-law to add clarification and
regulations to allow Off-site Parking within the Central Commercial Zone.
24 May 2018
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) Documentati6n: Reports, advertisements, notifications, fees paid
d) Written submissions received
3) COMMENTS BY SOLICITOR
4) OVERVIEW BY PLANNER
a) Nature of proposal
b) Report on Public Information Meeting
c) Outstanding concerns
d) 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
REPORT
REPORT TO: Tammy Wilson, CAO
SUBMITTED BY: Pam Myra, Municipal Clerk
DATE: 24 May 2018
SUBJECT: 2018-187 MOVED by Councillor Barkhouse, SECONDED by Councillor
Church that Council approve the recommendation from the March 7, 2018
meeting of the Citizens Planning Advisory Committee as follows and
conduct First Reading holding Public Information Session on May 8, 2018
and Public Hearing on May 24, 2018:
2018-179 — "... Council move forward and give second reading to the
proposed amendments attached as Appendix A, which will clarify
regulations for the provision of off-site parking within the Central
Commercial Zone. CARRIED.
CARRIED.
(A) DETAILS OF PROPOSED AMENDMENTS
Request from: Council initially directed staff to investigate options to address parking limitations in the Central
Commercial Zone at a meeting held on July 27, 2017 —
2017-407 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council direct staff to review and
provide options to address parking in the village core including potential amendments to the parking requirements
in the Chester Village Area Revised Land Use bylaw. CARRIED.
Council gave further direction to staff at a Committee of the Whole meeting held on November 2, 2017, when staff
presented a report with several options to address parking concerns. Council agreed to direct staff to prepare
amendments to relax the requirements for Off-site parking. There was no motion associated with this discussion.
Request date: 27 July 2017 — Council motion to direct staff to review parking options.
Nature of amendments:
1. Amend the Chester Village Secondary Planning Strategy and Land Use By-law, as shown in Appendix A of
the April 26, 2018 Report (Staff Report #3) to clarify and add regulations for the provision of Off-site
Parking within the Central Commercial Zone.
Purpose of amendments: To add language to clarify and support regulations which allow Off-site Parking
to be provided in place of on-site parking, subject to provisions of the Land Use By-law, within the Central
Commercial Zone.
(B) MEETING DATES
■ 27 July 2017: Council — Motion from Council for staff to investigate options for parking in the Central
Commercial Zone (2017-407)
■ 2 November 2017: Committee of the Whole — Discussion and direction to proceed with amendments to clarify
and regulate Off-site Parking within the Central Commercial Zone (No Motion).
■ 20 February 2018: Village Area Advisory Committee — VAAC members provided a positive recommendation
that the draft amendments move forward as presented.
■ 27 March 2018: Citizens Planning Advisory Committee — CPAC members reviewed the staff report and draft
amendments and made a motion recommending that Municipal Council proceed and give 1 St Reading to the
draft amendments.
■ 26 April 2018: Council (First Reading) (2018-187)
■ 08 May 2018: Public Information Meeting
(C) DOCUMENTATION
Reports:
■ 02 November 2017: Council Briefing Report — Parking in the Central Commercial Zone
■ 20 February 2018: Staff Report #1 — Clarify Off-site Parking Regulations in Central Commercial Zone
■ 27 March 2018: Staff Report #2 — Clarify Off-site Parking Regulations in Central Commercial Zone
■ 26 April 2018: Staff Report #3 — Clarify Off-site Parking Regulations in Central Commercial Zone
■ 05 May 2018: Report on Public Information Meeting
Advertisements (Progress Bulletin)
■ 10 January 2018: Notice of Village Area Advisory Committee Meeting
■ 21 March 2018: Notice of Citizens Planning Advisory Committee Meeting
■ 02 May 2018: Notice of Public Information Meeting
■ 09 May 2018: Notice of Public Hearing (1 St Notice)
■ 16 May 2018: Notice of Public Hearing (2nd Notice)
Other notification:
■ 09 May 2018: Notice of Public Hearing sent to Chester Village
■ Notices of meetings posted on Municipal office doors
■ Notice of Public Information Meeting & Public Hearing posted on Municipal Website
Fees paid: Requested by Council, no fee required.
(D) WRITTEN SUBMISSIONS RECEIVED
■ None to date
Pam Myra
Community Development 2h
c �MUNICIPALITY OF Department
CHESTER
Prepared for: Municipal Council
Submitted by: Garth Sturtevant, Development Control/Planning Assistant
Date: May 15, 2018
Subject: Changes to Regulations for Portable Signs in Chester Village
Public Information Session —May 8, 2018
At a meeting held on April 26, 2018, Municipal Council gave 1St Reading to proposed amendments to the
Chester Village Secondary Planning Strategy and Land Use By-law. The purpose of the amendments is to
add clarification and regulations for off-site parking in the Central Commercial Zone. Council also set a
date for a Public Hearing on May 24, 2018 at 8:45 a.m. in Municipal Council Chambers.
Staff advertised and hosted a Public Information Meeting in advance of the Public Hearing to provide
information, answer questions on the proposed amendments and record any comments or feedback from
members of the public.
The meeting was opened at 7:00 p.m. in Municipal Council Chambers at 151 King Street.
No members of the public attended the meeting.
The meeting was closed at approximately 7:35 p.m.
Municipality of the District of Chester
Community Development Department
THE MUNICIPALITY OF
CHESTER
Will
Prepared for: Municipal Council
Submitted by: Garth Sturtevant, Planner
Date: April 26, 2018
Subject: Clarification to Requirements for Off-site Parking
Prepared By: Garth Sturtevant Date: April 17, 2018
Reviewed By: Date:
Authorized By: Date
APPLICANT Council Initiated
PROPOSAL Direction from Council to draft amendments to relax requirements for
off-site parking within the Central Commercial Zone
LOCATION Chester Village Planning Area
ZONE Central Commercial (C) Zone
NEIGHBOUR None to date — if general amendment (i.e. all C Zone) no notification of
NOTIFICATION neighbouring properties
Recommendation
Staff recommend Option 1:
That Municipal Council give 15t reading to the draft amendments, attached as Appendix A, which will
clarify regulations for the provision of off-site parking within the Central Commercial Zone and further,
that Council direct staff to host a Public Information Meeting and set a date for a Public Hearing for May
241 2018 at 8:45 a.m. in Municipal Council Chambers.
Staff Report & Draft Amendments
Page 2
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
Citizens Planning Advisory Committee Meeting —March 27, 2018
The proposed amendments have been considered by the Citizens Planning Advisory Committee at a
meeting held on March 27, 2018. Committee members held a brief discussion before passing the
following motion:
MOVED Art Backman, SECONDED by Mary Ellen Clancey that the Citizens Planning Advisory
Committee recommend that Municipal Council move forward and give first reading to the
proposed amendments attached as Appendix A, which will clarify regulations for the provision of
off-site parking within the Central Commercial Zone. CARRIED.
Village Area Advisory Committee Meeting —February 20, 2018
The proposed amendments have been considered by the Village Area Advisory Committee at a meeting
held on February 20, 2018. VAAC members discussed the amendments and asked questions of staff
before providing a positive recommendation that the amendments move forward as presented. VAAC
members recommended that the Citizens Planning Advisory Committee provide a positive
recommendation to Municipal Council to move forward and adopt the proposed amendments attached
as Appendix A.
Background
In March 2017, an application for a Development Permit was received. The purpose of the application was
to change the use of an existing single unit dwelling to a licensed lounge. The application also proposed
two new commercial rental (guest room) units on the second floor. As specified in the Land Use By-law,
this change of use required five new off-street parking spaces. The property owners were unable to meet
the current Land Use By-law requirements to provide the required level of parking, resulting in no
Development Permit being issued. In July 2017, the property owners applied for a variance to reduce the
number of required parking spaces for the development. This variance was denied, primarily because
parking in the Central Commercial Zone is considered a general issue, common to most properties in the
area. The property owners appealed the variance decision and Council upheld the decision to deny the
variance. Following the Public Hearing for the Variance, Council directed Staff to research potential
options to allow more flexibility for parking requirements in the Central Commercial Zone and bring a
report back to Council for consideration and discussion.
At a Council meeting held on November 2, 2017, staff presented a report with several options for
consideration to allow flexibility and/or reduce the required number of parking spaces for developments
within the Central Commercial Zone. Council gave direction to staff to prepare draft amendments that
relax existing regulations for off-site parking within the Central Commercial Zone.
Subject Properties
All properties within the Central Commercial (C) Zone (See Appendix B).
Staff Report & Draft Amendments
Page 3
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
Discussion - Considerations
Parking in the Central Commercial Zone has been a longstanding topic of discussion. The area is generally
comprised of small lots and similar to other traditional commercial areas, buildings occupy a large
percentage of lot area. This results in many lots having little to no space to provide on-site parking. Many
structures in this zone predate the current Land Use By-law and at the time of construction were not
subject to any parking requirements. The lack of available land area, combined with a relatively high
parking standard results in limitations to the development potential for new uses and the expansion of
existing uses.
The Land Use By-law contains an exemption for existing buildings located in the Central Commercial
Zone, stating no parking is required for the initial 93 sq. metres (1,000 sq. ft) of floor area devoted to the
use, except for residential uses, guest houses, hotels and inns. This exemption has allowed some
development and expansion within the Central Commercial Zone; however, the size, scope and type of
development or expansion may continue to be limited by existing parking requirements.
Existing Parking Regulations in Chester Village
The Chester Village Area Land Use By-law requires a certain number of parking spaces based on the type
of land use and the number of dwelling units, suites/rental units, seats, boats or square footage in a
development.
14.2.2 Number of Parking Spaces Required
No development permit shall be issued for any development unless off-street parking having
unobstructed access to a public street shall be provided and maintained in conformity with the following
schedule:
Type of Use
Required Parking
i) Residential buildings containing not more than
One (1) parking space for each dwelling unit
four (4) dwelling units
ii) Residential buildings containing five (5) or more
One and one-quarter (1.25) spaces for each
dwelling units
dwelling unit
iii) Hotels and motels, and other accommodations
One and one-tenth (1.1) space per suite or
for travelers
rental unit
iv) Senior citizens housing
One (1) space for each three (3) units
v) Churches, Funeral Homes, theatres, halls private
Where there are seats, one (1) parking space
clubs, restaurants, lounges, other places of assembly
for every five (5) seats. Where there are no
seats, one (1) parking space for each 9 sq. m.
(100 sq. ft.) of floor area devoted to public use
vi) Offices
One (1) space for every 28 sq. m. (300 sq. ft.) of
floor area
Staff Report & Draft Amendments
Page 4
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
vii) Industries
One (1) space for every 93 sq. m. (1,000 sq. ft.)
of floor area
viii) Warehouses
One (1) space for every 278 sq. m. (3,000 sq. ft.)
of floor area
ix) All other commercial uses
One (1) space for every 28 sq. m. (300 sq. ft.) of
floor area
x) Marinas
One (1) space for every berth or anchorage
xi) Tour boats
One (1) space for every five (5) seats
xii) Boat Rentals
One space for each boat
Relevant Policy Identification
The following policies have been identified within the Chester Village Secondary Planning Strategy
regarding requirements to provide on-site parking:
Policy
4.9.1 That use -specific parking standards are established in the Land Use By-law, and where
developments are permitted by development agreement or site plan approvals, the agreement
shall make provision for adequate parking to serve the development proposal.
4.9.2 That due to the density of development in the central Commercial area, the use -specific parking
standards established by Policy 4.9.1 are waived for the first 92 sq. metres (1,000 square feet) of
floor area within existing buildings in the Central Commercial Zone except for residential uses,
guest houses, hotels, and inns.
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.
Amendments to Clarify Existing Regulations for Off-site Parking
A recent legal review has concluded that off-site parking is currently permitted by the Chester Village
Land Use By-law. Staff have reviewed the Land Use By-law and Secondary Planning Strategy through this
lens, and determined that there are virtually no regulations on when and how off-site parking may be
used. The single exception is a clause in Section 14.2.4 stating that parking lots of five or more spaces
must be located within 90m of the building which requires the parking. Staff have drafted the attached
Staff Report & Draft Amendments
Page 5
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
amendments to provide clarification and add policy support for off-site parking. The amendments will
also outline standards and regulations for when and where off-site parking is allowed.
The amendments attached as Appendix A add policies to the Chester Village Secondary Planning Strategy
to clarify that off-site parking is permitted within the Central Commercial Zone, subject to provisions of
the Land Use By-law. New policy statements confirm that on-site parking is the preferred and standard
form of parking and that off-site parking is not permitted for residential uses. In order to utilize off-site
parking, a developer must reasonably prove that on-site parking is not feasible and must apply for a
Development Permit for a Parking Lot to house the off-site parking spaces. The location of the off-street
parking must be within 300m of the building which it serves. This is an increase from the currently
allowed 90m separation between the building and off-site parking. Additional criteria have been added to
Section 14 Parking, to outline requirements for off-site parking, including the registration of a parking
easement.
New Requirements for Off -Site Parking
The draft amendments attached as Appendix A allow developments within the Central Commercial Zone
to provide either on-site or off-site parking at the level required by the Land Use By-law. Off-site parking
is only permitted within the Central Commercial Zone and is subject to several provisions.
No off-site parking shall be approved as part of a development unless ALL the following conditions are
met:
• The developer has demonstrated that providing on-site parking is not practical. Acceptable
reasons include: a lack of useable space on the lot, that access/egress to the on-site parking area
will create a public hazard or that available space is occupied by steep slopes or mature trees
• No existing on-site parking spaces are being lost or replaced by the proposed off-site spaces;
• The off-site parking shall be located within 300m of the building which it serves;
• When issuing a Development Permit for a use that is proposing off-site parking, a separate
Development Permit for a Parking Lot must be issued concurrently;
• A signed and registered easement, satisfactory to the Municipality of Chester has been Registered
with the Nova Scotia Registry of Deeds to ensure the Off-site Parking cannot be removed while
the use that requires it remains in operation.
Options
1. Give 1St reading to the draft amendments, attached as Appendix A, which will clarify regulations
for the provision of off-site parking within the Central Commercial Zone and further, that Council
set a date for a Public Hearing for May 17, 2018 at 8:45 a.m. in Municipal Council Chambers.
2. Defer 1St reading and request further information or revisions to the report and draft
amendments.
Staff Report & Draft Amendments
Page 6
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
3. Reject the draft amendments (Appendix A) and not move forward with changes to the regulations
for off-site parking.
Staff Report & Draft Amendments
Page 7
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
Appendix A —Draft Amendments to Chester Village Secondary Planning Strategy
and Land Use By-law
Municipality of the District of Chester
A By-law amending the Chester Village Area Land Use By-law and Chester Village Area Secondary
Planning Strategy
NOTE: The proposed amendments are shown below. Strikethrough text is to be removed and new text is
underlined. Revisions to the proposed amendment are shown in red text.
Be it enacted by the Council of the Municipality of the District of Chester that the Village Area Secondary
Planning Strategy and Land Use By-law be amended as follows:
CHESTER VILLAGE SPS AMENDMENTS:
4.9.2 A That in recognition of the general lack of useable space and high percentage of lot
coverage common to the Central Commercial Zone, off-site parking shall be permitted as an
alternative to on-site parking only within this zone.
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, -
off-street 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.
4.9.7 That on-site parking is the standard and preferred approach to parking in relation to new or
expanding developments. Off-site parking may be considered when the developer provides
information, satisfactory to the Development Officer, that reasonable attempts have been made
to provide any required parking on the same lot as the use which it serves. Grounds for allowing
off-site parking include but are not limited to: a lack of useable space on the lot, that
access/egress to the on-site parking area will create a public hazard or that available space is
occupied by steep slopes or mature trees.
4.9.8 That the Land Use By-law shall outline specific requirements that must be in place before
off-site parking may be approved. Residential uses are prohibited from utilizing off-site parking
and must meet the parking requirements of the Land Use By-law by providing on-site parking_
CHESTER VILLAGE LAND USE BY-LAW AMENDMENTS:
• 6.2.1 Permitted Developments
a) Developments Permitted Subject to Central Commercial Zone Standards
Automobile Sales and Repair (excluding Body Shops)
Bakeshops
Banks and Financial Institutions
Staff Report & Draft Amendments
Page 8
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
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".
• 14.2.4 Requirements for Off -Site Parking
Where a proposed development cannot reasonably provide on-site parking to satisfy Section
14.2.2, off-site parking may be provided in its place subject to the following.
i. The provision of off-site parking is permitted only within the Central Commercial Zone;
ii. That the use requiring parking is not a residential use. Residential uses must meet parking
requirements solely through the provision of on-site parking
Staff Report & Draft Amendments
Page 9
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
iii. The Development Officer shall be satisfied that the proposed off-site parking cannot be
reasonably provided as on-site parking on the same lot as the use that requires it.
Grounds for allowing off-site parking include but are not limited to: a lack of useable
space on the lot, that access/egress to the on-site parking will create a public hazard, or
that available space is occupied by sr teep slopes or mature trees.;
iv. Any Parking Lot containing off-site parking shall be within a distance of 300 metres (984
ft.) of the building which it serves;
0
V. The placement of off-site parking spaces on a lot requires the issuance of a separate
Development Permit for a Parking Lot. A Development Permit for the Parking Lot shall be
issued concurrently with the Development Permit issued for the use that requires parking;
vi. Before a Development Permit is issued for a Parking Lot containing off-site parking, a
parking easement must be Registered with the Nova Scotia Land Registry. The easement
must include provisions stating that the Parking Lot is for the exclusive use of the
benefitted parcel;
vii. The parking easement may be released only under the following conditions:
■ The parking requirement is met through an alternate proposal such as through
on-site parking or due to a reduction in the amount of parking required by the
Land Use By-law which shall be noted with the issuance of an amended
Development Permit; or,
■ The use which requires parking permanently ceases to operate. Written
confirmation must be provided to the Development Officer and the Development
Permit will then be amended to state the use is no longer in operation and the
off-site parking is no longer r required.
viii. The provisions of Section 14.2.5 shall apply when five (5) or more off-site parking spaces
are required.
• 14.2.5 Requirements for Lay -a" Substantial Parking Lots s
Where off-street parking is required and m�nQ than . - -fni it (4) five (5) or more spaces are provided,
no development permit shall be issued except in conformity with the following requirements:
i) the parking lot shall be treated or surfaced to prevent the raising of dust;
ii) any illumination shall be directed away from streets, adjacent lots, and buildings;
i. i il) tho narkinq Int Sh2II ho within 2 di4ance of 90 metres (200 ft) nf the hi li'ding which it
ser
iii) each parking space and the direction of travel in each aisle shall be clearly marked and
maintained where a permanent hard surface is provided;
iv) the limits of the parking lot, and highway access shall be defined by a permanent curb,
fence or other suitable obstruction to provide a neat appearance;
v) no highway access shall be within 15 metres (50 ft.) of the limits of the right-of-way of the
nearest public street intersection;
vi) the width of any access to a parking lot and of any aisle in a parking area, shall be a
minimum width of 3 metres (10 ft.) if for one-way traffic, and a minimum width of 6
metres (20 ft.) if for two-way traffic.
Staff Report & Draft Amendments
Page 10
Clarification for Off-site Parking in Central Commercial Zone February 20, 2018
vii) the development permit application shall be accompanied by a storm drainage plan
showing that storm water drainage will not adversely affect adjoining and downstream
properties.
• 16.61 PARKING
16.61 A OFF-SITE PARKING means Off-street Parking, for the exclusive use of the
a
development to which it relates, but not located on the same lot as the use that
requires it.
16.61 B OFF-STREET PARKING means either On-site or Off-site Parking spaces, located on
private property and for the exclusive use of the development to which it relates.
Off-street parking may not be located on a public street, Right -of -Way, or other
public property. See PARKING SPACE.
16.61 C ON-SITE PARKING means the standard form of Off-street Parking provided in
relation to a development. Located on the same lot as the use that requires it and
in compliance with all other provisions of the Land Use By-law. See PARKING
SPACE.
zj
16.61 D PARKING LOT means an open area s aininry marking spaces, other than a street,
fcg containing five or more motor "ehides on-site parking spaces, or one (1) or
more off-site parking spaces, available for public use or as an accommodation for
clients, customers or residents, and which has adjacent access to permit ingress
or egress of motor vehicles to a street.
16.61 E PARKING SPACE means an area of not less than 15 square metres (162 square
feet), measuring 2.75 metres (9 feet) by 5.5 metres (18 feet) exclusive of
driveways or aisles, for the temporary parking or storage of motor vehicles, and
which has adequate access to permit ingress and egress of a motor vehicle to
and from a street or highway by means of driveways, aisles or manoeuvring
areas.
16.62 Deleted P4RUNIG U4Q means an area nf nnt tha
•• • _ r • _ • •ar ct,&r.-),Kn & •• &r • 1 • _ _ • • ! a • ! •• • • ! _ • •
Staff Report & Draft Amendments
Clarification for Off -site Parking in Central Commercial Zone
Page 11
February 20, 2018
Appendix B - Central Commercial Zone Properties & Building Footprints
SC,110: 1i4.000
90 45 0 90
M; e t re s
Streets
Building Footprints
Properties
I w -
C Zone Properties
Rev.: Description:
MUNICIPALITY OF THE
DISTRICT OF CHESTER
Central Commercial Zone Properties
Creared: 20*1 7-(1(4-Z7
Updared: 2017-12-19