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Home My Public Portal About2019-08-08_Council_Public Agenda Package (added 8.2)Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday,August 8, 2019 Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.APPROVAL OF AGENDA/ORDER OF BUSINESS. 3.PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –July 25,2019 4.2 Public Hearing –August 1, 2019 (approval of motion only) 4.3 Special Council –August 1, 2019 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –August 1, 2019 –Warden Webber (approval of motions only) 5.2 Committee of the Whole –July 18,2019 –Warden Webber (receive minutes only) 5.3 Audit Committee –July 25, 2019 –Warden Webber (approval of motion only) 5.4 Audit Committee –March 7, 2019 –Warden Webber (receive minutes only) 5.5 Village Area Advisory Committee –July 16, 2019 –Councillor Church (approval of motions only) 5.6 Municipal Area Advisory Committee –July 23, 2019 –Councillor Church (approval of motions only) 5.7 Village Area Advisory Committee –October 16, 2018 –Councillor Barkhouse (receive minutes only) 5.8 Municipal Area Advisory Committee –May 28, 2019 –Councillor Church (receive minutes only) 5.9 Any other Committees. Page 2 of 2 6.MATTERS ARISING. 7.CORRESPONDENCE. 8.NEW BUSINESS: 8.1 Information Report prepared by Community Development Department dated July 31, 2019 regarding 2018 Year End Fire Department Call Report. 9.IN CAMERA. 10.ADJOURNMENT. PUBLIC HEARING –AUGUST 1, 2019 NEIGHBOURHOOD COMPREHENSIVE DEVELOPMENT DISTRICT ZONE 2019-351 CREATION OF THE NEIGHBOURHOOD COMPREHENSIVE DEVELOPMENT DISTRICT ZONE MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve the creation of the Neighbourhood Comprehensive Development District Zone and rezone lands identified in staff report dated June 27, 2019.ALL IN FAVOUR. MOTION CARRIED. 2019-352 ADJOURNMENT MOTIONS REQUIRING APPROVAL OF COUNCIL FROM AUGUST 1, 2019 COMMITTEE OF THE WHOLE MEETING 2019-353 Approval of agenda and order of business. 2019-354 Approval of July 18, 2019 Committee of the Whole meeting as amended. 2019-355 WATER STRATEGY AND ACTION PLAN MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council that the Action Plan for a Water Strategy be approved and staff be directed to follow the timeline as presented to have a completed Water Strategy and Action Plan by December/January. ALL IN FAVOUR. MOTION CARRIED. 2019-356 CONDITION ASSESSMENT (HAUGHN PROPERTY AT MARRIOT’S COVE) MOVED by Councillor Barkhouse, SECONDED by Councillor Hector that the Committee of the Whole recommend to Council to move forward with the initial step of a Condition Assessment of the Danny Haughn property, Marriotts Cove, to be reviewed by Council. ALL IN FAVOUR CARRIED. 2019-357 MOVED by Deputy Warden Shatford, Seconded by Councillor Barkhouse that the Committee of the Whole recommend to Council to approve $1,000 as a contribution to the new C. Joseph Feeney Bell Tower & Library (Mahone Bay).3 IN FAVOUR. 4 OPPOSED. MOTION DEFEATED. 2019-358 CONTRIBUTION TO C. JOSEPH FEENEY BELL TOWER AND LIBRARY ($500) MOVED by Councillor Church, Seconded by Councillor Assaff that the Committee of the Whole recommend to Council to approve $500 as a contribution to the new C. Joseph Feeney Bell Tower & Library (Mahone Bay). ALL IN FAVOUR. MOTION CARRIED. 2019-359 AWARDING OF FIRE SERVICES DISTRICT RISK ASSESSMENT (MODC-T-2019- 004) MOVED by Councillor Church, SECONDED by Councillor Connors that the Committee of the Whole recommend to Council that Tender MODC-T-2019-004 for a Fire Services District Risk Assessment be awarded to OPTA-SCM Fire Underwriters Survey at the quoted submission (May 2019)cost of $37,650 (plus HST) subject to, as indicated in the RFP, the submission of the final workplan. Funding of up to the approved budgeted amount of $60,000 will b e held in reserve for any additional fire services operation consultation that may be necessary during the 3 Phases of the study. ALL IN FAVOUR. MOTION CARRIED. 2019-360 MUNICIPAL FLAG TO MILL COVE DEVELOPMENT AND POLICY FOR SALE OF MUNICIPAL FLAGS MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to approve a Municipal flag for the Mill Cove Developer for $50.00 and staff be directed to determine a policy for the possible sale of M unicipal Flags. ALL IN FAVOUR. MOTION CARRIED. 2019-361 Adjournment. MOTIONS REQUIRING APPROVAL OF COUNCIL FROM THE AUDIT COMMITTEE HELD ON JULY 25, 2019 2019-341 Approval of agenda and order of business. 2019-342 Approval of March 7, 2019 Audit Committee Meeting 2019-343 ADOPTION OF PS3280 (ACCOUNTING PRACTICE) MOVED by Councillor Barkhouse, SECONDED by Councillor Church that the Audit Committee recommend to Council to approve the early adoption of PS 3280 (a new public sector accounting section regarding asset retirement obligations) and apply the new section using the prospective application effective for the fiscal year ended March 31, 2019. CARRIED. 2019-344 ADJOURNMENT MOTION FOR COUNCIL’S CONSIDERATION FROM TUESDAY,JULY 16, 2019 VILLAGE AREA ADVISORY COMMITTEE 2019-337 NOT PROCEED WITH THE REQUESTED AMENDMENTS TO CHESTER VILLAGE SECONDARY STRATEGY AND LAND USE BY-LAW AND DISCUSSED AT LENGTH DURING THE PLAN REVIEW (Request for Decision attached) MOVED by Nancy Hatch, SECONDED by Ray Cambria the Village Area Advisory Committee recommends Council accept the recommendation of staff to NOT proceed with the requested amendments to the Chester Village Secondary Planning Strategy and Land Use By-Law and further recommend this matter be discussed at length during the plan view.CARRIED 2019-338 APPROVE REQUEST TO ALTER HERITAGE PROPERTY AT 18 QUEEN STREET, CHESTER MOVED by Councillor Barkhouse, SECONDED by Nancy Hatch the Village Area Advisory Committee recommend Council accept the recommendation of staff and approve the request to alter the heritage property at 18 Queen Street, Chester. CARRIED 2019-339 APPROVE REQUEST TO ALTER HERITAGE PROPERTY AT 19 KING STREET, CHESTER. MOVED by Councillor Barkhouse, SECONDED by Nancy Hatch the Village Area Advisory Committee recommend Council accept the recommendation of staff and approve the rest to alter the heritage property at 19 King Street, Chester. CARRIED 5.5 REQUEST FOR DECISION RECOMMENDATION Staff recommend Option 1: that Municipal Council Reject the request to amend the Chester Village Secondary Planning Strategy and Land Use By-law to permit new residential uses in the Marine Industrial Zone by Development Agreement; BACKGROUND Mr. Mills has previously been unsuccessful in applying for a rezoning of the property at 219 Victoria Street (currently split zoned CVR & MI) to reduce or remove the Marine Industrial Zone and replace it with the Central Village Residential Zone. This request was ultimately rejected by Council. Mr. Mills has recently proposed a new approach to develop the property in his vision, while seeking to address some concerns expressed during discussion of the rezoning request. These concerns include the perception of setting a precedent to rezone Marine Industrial properties, and concern with the existing policies for rezoning lands along the ocean (the SPS currently states that as lands are rezoned, they should become Waterfront Residential, which conflicted directly with the rezoning request from Mr. Mills. REPORT TO: Municipal Council SUBMITTED BY: Community Development Department DATE: August 8, 2019 SUBJECT: Requested Amendments to Chester Village Secondary Planning Strategy and Land Use By-law to permit new residential uses within the Marine Industrial Zone by Development Agreement ORIGIN: Motion #: 2019-091 CURRENT SITUATION A request to amend the Chester Village Secondary Planning Strategy and Land Use By-law was received by Council on March 7, 2019. The request, submitted by Tristan Mills, is to permit new residential uses within the Marine Industrial Zone through approval of a development agreement. Council directed the request to staff with special instruction that staff host a Public Information Meeting to receive comments and public input on the proposed amendments. Council then asked that staff present the results of the Public Information Meeting at a meeting of the Village Area Advisory Committee in order to receive a recommendation from the VAAC as to whether the requested amendments should proceed. Staff have now hosted a Public Information Meeting on June 27, 2019 and presented to the Village Area Advisory Committee on July 16th. This report contains comments and feedback collected at the Public Information Meeting (see Table 1) in addition to the recommendation which was moved and carried by the VAAC. Prepared By: Garth Sturtevant, Senior Planner Date July 30, 2019 Reviewed By:Tara Maguire, Director Community Development Date July 30, 2019 Authorized By: Malcolm Pitman, Acting CAO Date July 30, 2019 2 Request For Decision DISCUSSION Results of the Public Information Meeting: Following Council direction, staff hosted a Public Information Meeting to receive feedback and opinions on the proposed amendments. Table 1 contains the comments captured by staff during the Public Information Meeting. Some attendees of the Public Information Meeting also left written comments and one written submission was received. These comments have been attached as Appendix A. Table 1 STATEMENT / COMMENT DISCUSSION NOTES Development Agreement Related Setbacks/view plain - Tristan touched on how these are important, how the structures (if allowed where proposed) won’t obstruct views and will lay with topography of the land - May have to discard the setback regulations in order to do proposed development - Waterfront Residential zone setbacks - Marine Industrial zone is basically same distance as the (once sought to be a rezone option) Waterfront Residential zone’s setback of 15m (50 feet) Development Agreement for a site - specific amendment - Has potential to create an amendment that couldn’t be abused or used by others because other Marine Industrial zones wouldn’t have the characteristics - Split-zoned lot (noted to be only one in Chester Village) - OR Development Agreement for a lot coverage of 26 000 feet Structure options for development - Subdivision - Amount of units - Lots of criterions in the LUB - Grandfathering structures (foundation of woodworking building) being used as loopholes for new structures - Tristan is trying to provide the best buildings for the best market that fit into the village (down and out with density) - Single level density is favored due to aging population and view plains Vision of enabled development by Development Agreement - Polices that address areas of concerns within the Development Agreement - If DA, it will need proper restrictions?? Land Use Bylaw (zoning) Related 3 Request For Decision Struggle with keeping Marine Industrial zoned properties ‘afloat’ (hard to be profitable) in the surrounding zones - Surrounding failed Marine Industrial properties - Why do we want to protect the privately-owned water access lots? - How does this benefit the community? - Maybe we want to develop Marine Industrial to attract population and tax money, compared to supporting ‘washed up boats that are deteriorating’ - As of yet we are disallowing development on private property because of water access Current zone characteristics - What are they? - What can they be? - How do they relate? - What is permitted? - Having 2 zones on one property Making zone changes - What one can do, all can do - It is the responsibility of the Municipal Staff to regulate the policy and support the MPS/LUB - Marine Industrial is seen as a mistake in the Plan - Introducing a Development Agreement could create loopholes for others to take advantage of and perhaps alter other Marine Industrial properties - ALWAYS AN APPITITE FOR LOOPHOLES - Outlook on all other properties if rezoned or a Development Agreement is chosen Water areas have different zones/bylaws/policies than the land neighboring it - Potential to build a wharf with large boathouse/building but couldn’t on the land it runs along Municipal Planning Strategy Related The current plan & policies strongly support Marine Industrial - Creates development constraints (NO development unless it were to be a marine use is. Boat shop, woodworking, etc.) - Protects the zone & uses - Plan is not in favor of alterations to Marine Industrial zones Rezoning/Development should happen with the plan review- Tristan doesn’t want to wait that long to begin Future of this proposal could be affected by future Provincial regulations - New setback requirement policies to follow Environment Related Environmental Concerns - Flood mitigation 4 Request For Decision Consideration at Village Area Advisory Committee: Following the Public Information Meeting, staff presented the results and comments captured to the Village Area Advisory Committee. There were varying viewpoints regarding the merits of the proposed development, however, there was consensus that the requested approach to permit development agreements within the Marine Industrial Zone was not the appropriate mechanism. It was noted that this request would require significant policy changes that would likely have wider ranging implications throughout the Village. Ultimately the Village Area Advisory Committee felt this issue and the property at 219 Victoria Street would be best addressed through discussion during the Chester Village Plan Review and passed the following motion: 2019-337 MOVED by Nancy Hatch, SECONDED by Ray Cambria the Village Area Advisory Committee recommends Council accept the recommendation of staff to NOT proceed with the requested amendments to the Chester Village Secondary Planning Strategy and Land Use By-Law and further recommend this matter be discussed at length during the plan view. CARRIED IMPLICATIONS Policy Proceeding with the request will require policy changes to the Chester Village Secondary Planning Strategy and Land Use By-law. While a complete policy analysis has not yet been conducted, existing policy relating to the Marine Industrial Zone, residential uses and development within proximity to the ocean will need to be addressed. Financial/Budgetary N/A Environmental Proceeding with the request will create the potential to develop new residential uses closer to the ocean shoreline than permitted under existing zoning and policy. This increases the likelihood of property damage due to storm surge, sea level rise and flooding. While this may be mitigated through design and engineering, staff support the existing policies and provisions intended to maintain setbacks between the ocean and new residential development. Strategic Plan  Continually reinforce the positive image of the Municipality through leadership in public engagement and communication;  Promote conditions conducive to fostering economic prosperity. - How do the setbacks affect the water’s edge? - Why is the setback important? - Location of the nearest road (not between the property & water, but behind it- rare in Village of Chester) - Remediation of ground (requires and costs less to do for commercial than residential) 5 Request For Decision Work Program Implications Proceeding with the requested amendments will further delay completion and approval of the draft Municipal Planning Strategy and Land Use By-law. OPTIONS 1. That Municipal Council Reject the request to amend the Chester Village Secondary Planning Strategy and Land Use By-law to permit new residential uses in the Marine Industrial Zone by Development Agreement; 2. Direct staff to prepare a staff report for consideration by the Chester Village Area Advisory Committee and proceed with the requested amendments; 3. Table the discussion pending further information. ATTACHMENTS APPENDIX A: Comment Sheets & Written Submissions received MOTION FOR COUNCIL’S CONSIDERATION FROM TUESDAY, JULY 23, 2019 MUNICIPAL AREA ADVISORY COMMITTEE 2019-341 Approval of May 28, 2019 Municipal Area Advisory Committee Meeting 2019-342 SUPPORT THE PROPOSED ALTERATIONS TO 24 WAKE UP HILL ROAD MOVED by Lee Harnish, SECONDED by Councillor Assaff the Municipal Area Advisory Committee recommend Council supports the proposed alterations to 24 Wake Up Hill Road. CARRIED 2019-343 ADJOURNMENT REQUEST FOR DECISION Prepared By:Chad Haughn Date August 6, 2019 Reviewed By:Malcolm Pitman,Acting CAO Date August 6, 2019 Authorized By:Malcolm Pitman, Acting CAO Date August 6, 2019 CURRENT SITUATION The New Ross Farmers Association has requested a Designated Community Fund Grant in the amount of $2,975. RECOMMENDATION It is recommended that Council provide a Designated Community Fund Grant to the New Ros s Farmers Association in the amount of $2,975. BACKGROUND The Municipality of Chester has a Designated Community Fund Policy (P -77) which provides an opportunity for individuals to donate funds to the Municipality with direction that it be deposited into a Designated Community Fund Account for a specific group. The donor receives a charitable donation receipt for their contribution.After a period of time, the community organization requests a Designated Community Fund Grant from the Municipality equivalent to the funds collected. DISCUSSION The New Ross Farmers Association has followed the policy by establishing a Designated Community Fund Account and formally requesting the grant payment.The Municipality has already provided one Designated Community Fund grant in June in the amount of $5,975. The Department of Finance has confirmed that as of August 2, 2019 an additional $2,975 has been collected on behalf of the New Ross Farmers Association.The new roof structure at the fair grounds is almost complete and the group will soon be required to pay the final bills associated with the work. REPORT TO:Municipal Council SUBMITTED BY:Chad Haughn,Recreation & Parks Department DATE:August 8, 2019 SUBJECT:Designated Community Fund Request ORIGIN:Designated Community Fund Account 2 Request For Decision /Direction IMPLICATIONS Policy Designated Community Fund Policy (P-77). Financial/Budgetary $2,975 grant,equivalent to the amount of funds collected. Environmental Strategic Plan Strengthen and support environmental, cultural, and social resources Work Program Implications NA ATTACHMENTS