HomeMy Public PortalAbout2019-08-01_Public Hearing Agenda_Neighbourhood Comprehensive Development for Mill Cove MUNICIPALITY OF THE
DISTRICT OF CHESTER
A G E N D A
PUBLIC HEARING
Proposed amendments to the Municipal Planning Strategy & Land Use By-law to Create the Neighbourhood
Comprehensive Development District and to Rezone Lands at Mill Cove identified within the Staff Report
01 August 2019, 8:45 a.m.
Chester Municipal Council Chambers
151 King Street, Chester, NS
1. CALL TO ORDER (CHAIR)
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: Public Information Meeting, Municipal Area Advisory Committee, Citizen’s Planning Advisory
Committee, Council
c. Documentation: Reports, advertisements, fees paid
d. Written Submissions:
i. None
3. COMMENTS BY MUNICIPAL SOLICITOR
4. OVERVIEW BY PLANNER
a. Location and nature of proposal
b. Municipal Planning Strategy
c. Outstanding Concerns
d. Recommendations
i. Proposed Municipal Planning Strategy and Land Use By-law Amendments
5. PRESENTATION BY DEVELOPER
6. COMMENTS BY THE PUBLIC ON THE PROPOSAL
a. In Favour
b. Opposed
c. Any other comments
7. CLOSING REMARKS (CHAIR)
8. DECISION OF COUNCIL / DEFERMENT OF DECISION
MUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
REPORT TO: Dan McDougall, CAO
SUBMITTED BY: Pam Myra, Municipal Clerk
DATE: 1 August 2019
SUBJECT: 2019-282 MOVED by Deputy Warden Shatford, SECONDED by Councillor
Barkhouse that Council give First Reading to the draft Municipal Planning
Strategy and Land Use By-law amendments attached to the Staff Report #1
dated June 27, 2019 – Application to Rezone lands at Mill Cove Park and
Consideration of the Draft Neighbourhood Comprehensive Development
district Zone. All in Favour.
CARRIED.
______________________________________________________________________________________________________________________
(A) DETAILS OF PROPOSED AMENDMENTS
Request from: Council directed staff to pursue a zoning amendment at a meeting held on January 31, 2019 –
2019-030 MOVED by Councillor Church, SECONDED by Councillor Hector the motions from the January 24, 2019
meeting of Committee of the Whole be approved as follows:
2019-022 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the
Whole recommend to Council to give direction to staff to move forward with the zoning amendment as per the
request of 3314299 Nova Scotia Limited in the Aspotogan Ridge development area. CARRED.
Request date: 24 January 2019 – Application Fee’s received with Application for Development dated Dec. 14, 2018.
Nature of amendments:
Be it enacted by the Council of the Municipality of Chester as follows:
1. Create and apply the Neighbourhood Comprehensive Development district zone to identified lands in Mill
Cove;
2. Remove three zone; Mill Cove Park Single Unit Residential Zone, Mill Cove Park Multi-Unit Residential Zone
and Mill Cove Park Rural Residential Zone;
3. Renumber 6A.3 – 6A.5 to reflect the deletion of three Mill Cove Park Zones.
Purpose of amendments: To remove existing Mill Cove Park Zones which do not allow for flexibility in
how the lands are to be developed. The newly created Neighbourhood Comprehensive Development
District zone will allow developments to proceed through a Development Agreement. This will provide
flexibility in unit mix and density, while still involving community notice and consultation to ensure the
lands are developed in a desirable manner.
(B) MEETING DATES
31 January 2019: Council – Motion from Council to approve recommendation by Committee of the Whole to
direct staff to pursue zoning amendment;
06 March 2019: Public Information Meeting
26 March 2019: Municipal Area Advisory Committee – MAAC members provided a positive recommendation
that the Neighbourhood Comprehensive Development District zone be implemented as proposed and
applied to the Mill Cove Park lands identified in the report (2019-166);
06 May 2019: Citizens Planning Advisory Committee – CPAC members reviewed the staff report and draft
amendments and made a positive recommendation that the Neighbourhood Comprehensive Development
District zone be implemented as proposed and applied to the Mill Cove Park lands identified in the report
(2019-226);
27 June 2019: Council (First Reading) (2019-282).
(C) DOCUMENTATION
Reports:
26 February 2019: Staff Report #1 – Application to Rezone Land at Mill Cove Park & Consideration of the
Draft Neighbourhood Comprehensive Development District Zone
06 May 2019: Staff Report #1 (CPAC Update) - Application to Rezone Land at Mill Cove Park & Consideration
of the Draft Neighbourhood Comprehensive Development District Zone
27 June 2019: Staff Report #1 (Updated for 1st Reading) - Application to Rezone Land at Mill Cove Park &
Consideration of the Draft Neighbourhood Comprehensive Development District Zone
Public Information Report – included within Staff Report #1
Advertisements (Progress Bulletin):
20 February 2019: Notice of Municipal Area Advisory Committee Meeting
27 February 2019: Notice of Public Information Meeting
01 May 2019: Notice of Citizens Planning Advisory Committee Meeting
10 July 2019: Notice of Public Hearing (1st Notice)
17 July 2019: Notice of Public Hearing (2nd Notice)
24 July 2019: Notice of Public Hearing (3rd Notice)
Other notifications:
04 July 2019: Notice of Public Hearing mailed to:
o Village of Chester
o Municipality of the District of Lunenburg
o Municipality of West Hants
o Municipality of Kings
o Halifax Regional Municipality
04 July 2019: Notice to neighbouring property owners within 150m of subject properties
Notices of meetings posted on Municipal office doors
Notice of Public Information Meeting & Public Hearing posted on Municipal Website
Fees paid: Municipal Planning Strategy Amendment Fee & Advertising Deposit received.
(D) WRITTEN SUBMISSIONS RECEIVED
None to date
P. M. Myra
Pam Myra
Municipality of the District of Chester
Community Development Department
Staff Repor t #1
Prepared for:Municipal Council (1st Reading)
Submitted by:Garth Sturtevant,MCIP, LPP,Senior Planner
Date:June 27, 2019
Subject:Application to Rezone lands at Mill Cove Park & Consideration of the Draft
Neighbourhood Comprehensive Development District Zone
APPLICANT Ged Stonehouse on behalf of 3314299 Nova Scotia Limited
PROPOSAL Municipal Planning Strategy Amendment to Create the
Neighbourhood Comprehensive Development District (NCDD)and
Rezoning to apply the NCCD Zone to the Mill Cove Park Lands to
enable development of the site.
LOCATION Multiple PIDs, see Table 1
LOT SIZE Total combined area of 2,266,460 m2 (560.054 acres),see Map 1
DESIGNATION Mill Cove Park
ZONE Mill Cove Park Institutional, Mill Cove Park Multi-Unit Residential, Mill
Cove Park Single Unit Residential and Mill Cove Park Rural Residential
SURROUNDING USES Commercial, Multi-Unit Residential, Low Density Residential,
Institutional (Elementary School),recreational (ballfield)Vacant land
NEIGHBOUR NOTIFICATION None to date –if the file proceeds to a Public Hearing, notice will be
mailed to property owners within 100 feet of the subject properties.
Recommendation
1.That Municipal Council give 1st Reading to the draft Municipal Planning Strategy and Land
Use By-law amendments attached to this report to create the Neighbourhood
Comprehensive Development District (NCDD) zone and rezone the lands identified in Map
1 to the NCDD zone;
Staff Report #1 -Council Page 2
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
Background
In 1996 the Mill Cove Development Association (now the Aspotogan Heritage Trust)acquired the former
Canadian Services Station at Mill Cove, now known as Mill Cove Park. The intent was to reuse and further
develop the lands for the benefit of the community. In 1999, Aspotogan Heritage Trust made the decision
to divest the lands through sale to a private developer. AHT commissioned a Land Use Development Plan
to ensure some protections and controls remained to reflect the desire of the community for how the
lands would be developed. Prior to selling the lands, AHT requested Municipal Council rezone the Mill
Cove Park Lands to facilitate and regulate the development as envisioned through the Land Use
Development Plan. Council agreed and proceeded with a rezoning ,approved in 2002. Several concept
plans and attempts to begin development have occurred since that time, with minimal progress being
made.Amendments to the Municipal Planning Strategy and Land Use By-law in 2015 reflect a revised
concept plan submitted in an attempt to restart the project. The requested zoning was implemented,
however, the project and planned residential development did not proceed at that time.
To date half (nine holes)of the planned 18 hole golf course has been constructed , opening to the public
in 2018.In addition, 43 lots (ranging between 0.8 acres and 2.4 acres)have been granted subdivision
approval. Some of these lots have been sold to individuals, while others remain under the ownership of
3314299 Nova Scotia Limited.
Ged Stonehouse has recently been authorized by the owners to make an application to proceed with a
proposed “Phase 1” development which would renew activity on the site and work toward an eventual full
build-out of the community. Due to changing market conditions, t he proposal submitted does not align
with the Mill Cove Park zones mentioned earlier in this report. As a result, Council has given staff direction
to pursue a rezoning to a zone that would facilitate and regulate the revised concept.
At a meeting of the Committee of the Whole, held on January 24th,staff received direction to proceed
with the implementation of a new Comprehensive Development District Zone. This zone will be applied to
the entire site, including lands owned by 3314299 Nova Scotia Limited in addition to the subdivided lots
held by other owners. The intent of the zone is to allow flexibility in layout and design for larger,more
complex developments by Development Agreement. The zone will allow Phase 1 (as proposed) to be
regulated under a single Development Agreement if desired by the applicant.Should further development
be proposed, a new Development Agreement would be required, but will be governed under the same
enabling policies that are established today for the CDD Zone.
Subject Properties
The site is located in Mill Cove and is accessed via Parkwood Drive. The site contains multiple PIDs (Map 1)
listed in the following table:
Staff Report #1 -Council Page 3
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
Table 1
60425048 60670718 60661907 60670593 60670635 60662012 60670650 60657665
60077799 60670726 60661915 60670601 60670734 60661980 60657632 60657624
60613452 60662020 60661923 60670619 60670668 60657616 60657681 60657673
60661568 60670643 60670692 60661998 60670676 60657640 60661964 60661956
60661550 60661931 60670700 60670627 60670684 60661584 60657608 60657590
60661543 60661949 60423506 60662004 60657657 60661972 60661576
Approximately 730m of Parkwood Drive is Municipally owned and maintained, beginning at the intersection
with Highway 329 and continuing past the Aspotogan Consolidated Elementary School. The remainder of
Parkwood Drive is a Private road with no Municipal services. The proposed Neighbourhood Comprehensive
Development District (NCDD)Zone covers the PIDs listed above with the intent to compliment and facilitate
the development of Mill Cove Park as a substantial, planned community with a defined vision . Specific
outcomes are to be facilitated and specified through Development Agreements . An exemption for existing
lots listed above and included within the Land Use By-law permits up to two dwelling units per lot by
Development Permit.
Discussion -
Existing Mill Cove Park Zones
The lands requested to be rezoned to the NCDD Zone are currently under one of the following zones
(Map 2): Mill Cove Park Institutional, Mill Cove Park Multi-Unit Residential, Mill Cove Park Single Unit
Residential and Mill Cove Park Rural Residential.These zones and their placement reflect the initial
concept and subsequent alterations to the proposed development. While comprehensive in nature and
reflecting the wishes of the AHT and previous owner, the zoning is rigid and does not provide much
flexibility if conditions or desires change. The zoning was implemented with the intent that most
development could be done “As-of-right”, meaning that subject to the Zone requirements in the Land Use
By-law, the primary approval mechanism within the zones was a Development Permit.With the
understanding that the rigid zones would regulate the placement of various components of the
development, this approach was intentionally adopted to provide an expeditious approval mechanism as
the Developer made application for each structure.
The amendments attached to this report will eliminate three of the existing zones;Mill Cove Park Multi-
Unit Residential, Mill Cove Park Single Unit Residential and Mill Cove Park Rural Residential. Other
Staff Report #1 -Council Page 4
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
neighbouring parcels, which are not a part of the current development proposal will remain under the
existing Mill Cove Park zoning.
Purpose of the NCDD Zone
The Neighbourhood Comprehensive Development District Zone is designed to replace the existing zoning
at Mill Cove Park (Map 3).There are several exceptions, where existing zones will be maintained
temporarily as discussed later in this report.The NCDD is intended to allow for and encourage innovative
forms of neighbourhood developments in appropriate locations through the use of a Comprehensive
Development District. These developments are centered on residential uses, but will often include
complimentary uses such as Commercial, Institutional and Light Industrial. A Comprehensive
Development district is a planning tool used to fa cilitate preplanned, phased projects of a medium to
large scale (5 Hectares or greater).
The Neighbourhood Comprehensive Development District Zone will permit residential developments and
ancillary Commercial,Institutional and Light Industrial uses. Within the NCDD, a Development Agreement
is required to outline and regulate the provisions and requirements for each site or phase of a project.
The NCDD will provide opportunities for innovative developments that include privately owned cluster
septic systems, private road networks,bare land condominium development or other forms of substantial
development on a single lot without requiring subdivision.
As the NCDD is designed for larger, longer term development projects, this designation will only be
considered for a property or combination of properties with a minimum area of 5 Hectares. The NCDD has
been designed and implemented in a manner which allows flexibility for Developers, in conjunction with a
public participation process to ensure comments and c oncerns of the surrounding community are heard
and considered.
A Development Agreement will be required to initiate any development within the NCDD zone.An
exemption for existing lots listed in the Land Use By -law will permit up to two dwelling units per lot by
Development Permit, in addition to Municipally owned Parks.
The following table outlines the draft Municipal Planning Strategy policies that will implement and
regulate development within the NCDD Zone. The MPS contains existing policy related to the approval of
Development Agreements in Section 8.0.4, 8.0.5 and 8.0.6. Given that the NCDD Zone is unique in its
intent and allowances, policies 8.0.4, 8.0.5 and 8.0.6 do not apply to Development Agreements within the
NCDD Zone. The following policies include provisions from the existing policies for Development
Agreement approval, while also addressing the unique nature of the NCDD Zone.Council need only
consider the following policies when evaluating the merits of a D evelopment Agreement in the NCDD
Zone.
Municipal Planning Strategy Amendments NCDD Zone
Staff Report #1 -Council Page 5
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
The following preamble and policies (table 2)are proposed to replace Section 7.7 in the Municipal
Planning Strategy to establish and outline the requirements and purpose of the NCDD zone .As this
amendment requires changes and additions to the Municipal Planning Strategy and policy statements,
adherence to current policies within the MPS is not relevant so long as conflicts are not created by the
adoption of the new policies.
Table 2
7.7.Mill Cove Park
7.7.1.Neighbourhood Comprehensive Development District
Municipal Council wishes to allow for and encourage innovative forms of neighbourhood
projects in appropriate locations through the use of Comprehensive Development Districts.
These projects are centered on residential uses, but often include other complimentary
uses such as Commercial, Institutional and Light Industrial. A Comprehensive Development
District is a planning tool used to facilitate preplanned, phased projects of a medium to
large scale.
The Neighbourhood Comprehensive Development District (NCDD) will permit residential
projects and ancillary Commercial, Institutional and Light Industrial uses. Within the NCDD,
a Development Agreement is required to outline and regulate the provisions and
requirements for each site or phase of the project. The NCDD will provide opportunities
for innovation that may include privately owned cluster septic systems, private road
networks and bare land condominium projects, substantial development on a single lot
without requiring subdivision into individual building lots.
As the NCDD is designed for larger, longer term projects, this designation will only be
applied to a property or combination of p roperties with a minimum area of 5 Hectares.
The NCDD has been designed and implemented in a manner which allows flexibility for
Developers, in conjunction with a public participation process to ensure the comments
and concerns of the surrounding community are heard and considered.
A Development Agreement will be required to initiate any project within the NCDD zone.
An exemption for existing lots listed in the Land Use By-law will permit up to two dwelling
units per lot by Development Permit.
7.7.2.Neighbourhood Comprehensive Development District Zone: Policies:
The NCDD Zone shall:
7.7.2.1 establish the Neighbourhood Comprehensive Development District (NCDD)Zone
within the Municipal Land Use By-law as indicated on Municipal Planning Strategy
Maps 1 & 10 and Municipal Land Use By-law Zoning Map A-8;
Staff Report #1 -Council Page 6
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
7.7.2.2 facilitate the phased build-out of medium to large scale residential developments.
These lands may be under multiple ownership or owned by a single entity;
7.7.2.3 ensure that before entering into a Development Agreement within the NCDD Zone,
Council shall be satisfied that the proposed project is primarily residential in
character. The intent of the NCDD Zone is to facilitate innovative, residentially
oriented communities through more flexible, alternate develo pment opportunities;
7.7.2.4 only be applied to one or more properties with a minimum continuous total area of
5 Hectares;
7.7.2.5 primarily facilitate residential uses, however, ancillary commercial, institutional and
light industrial uses, appropriately scaled to the development, shall be permitted by
Development Agreement;
7.7.2.6 allow, by Development Permit, up to two dwelling units per lot for existing lots
listed in the Land Use By-law;
7.7.2.7 allow, Parks, recreation areas and amenities owned or maintained by the
Municipality
7.7.2.8 by Development Agreement,consider flexibility relating to density, dwelling type,
servicing by cluster system and private water systems;
7.7.2.9 prohibit all forms of Heavy Industrial development within the NCDD Zone;
7.7.2.10 control the subdivision of land within the NCDD Zone through a Development
Agreement and subject to the Subdivision By -law. Known subdivisions shall be
addressed in the initial Development Agreement, any additional consolidation or
division of property will require amendment to the Development Agreement, while
boundary adjustments to existing parcels do not require a Development Agreement
or amendment;
7.7.3.Mill Cove Park Neighbourhood Comprehensive Development District
Staff Report #1 -Council Page 7
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
In 1996 the Mill Cove Development Association (now the Aspotogan Heritage Trust)
acquired the former Canadian Services Station at Mill Cove, now known as Mill Cove Park.
The intent was to reuse and further develop the lands for the benefit of the community . In
1999, Aspotogan Heritage Trust (AHT) made the decision to divest the lands through sale to
a private developer. AHT commissioned a Land Use Development Plan to ensure some
protections and controls remained to reflect the desire of the community for ho w the lands
would be developed. Prior to the sale, AHT requested that Municipal Council rezone the Mill
Cove Park Lands to facilitate and regulate the project vision outlined in the Land Use
Development Plan. Municipal Council supported this request and a comprehensive rezoning
of the site was approved in 2002.
Amendments to the Municipal Planning Strategy and Land Use By -law in 2015 reflect a
revised concept plan submitted to staff in an attempt to restart the project. The changes to
the existing Mill Cove Park zoning were adopted, however, no significant portion of the
residential component has taken place.
Council has recently received a proposal for a revised residential project at Mill Cove Park.
The site has been purchased by new owners and due to cha nges in market conditions the
proposed concept for the site has been adjusted. The current Mill Cove Park zones,
implemented in 2002 and amended in 2015, no longer align with the proposed plan. Council
supports, in principle, the proposed concept and wishe s to see project realized for these
lands while respecting the wishes and history of the community.
This has resulted in the creation of the Mill Cove Park Neighbourhood Comprehensive
Development District, designed to facilitate the phased build-out of the entire Mill Cove Park
lands. The NCDD permits a two-unit dwelling per lot by Development Permit and associated
Home Based Business uses. All other construction and work in the NCDD require a
Development Agreement. This will ensure the existing community context is considered prior
to approving any large-scale projects.
7.7.4.Neighbourhood Comprehensive Development District: Criteria for Entering Into a
Development Agreement in the NCDD
Before entering into a Development Agreement within the NCDD Zone, Co uncil shall be
satisfied of the following:
7.7.4.1 the proposal conforms to the intent of the Municipal Planning Strategy;
Staff Report #1 -Council Page 8
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
7.7.4.2 that the Development Agreement includes provisions regulating the maximum
density, unit mix, period of construction and the type, size and scale of appropriate
ancillary Commercial, Institutional or Light Industrial uses;
7.7.4.3 that the Development Agreement includes provisions requiring an application for a
Development Permit be accompanied by a Stormwater Management Plan,
prepared by a qualified professional. The plan shall confirm that the development
meets the standards outlined within the Development Agreem ent related to
stormwater management, sediment and erosion control and infill or removal of
topsoil;
7.7.4.4 that the Development Agreement includes provisions requiring an application for a
Development Permit be accompanied by a permit or approval from the author ity
with Jurisdiction confirming that the proposed development can be serviced
through on-site or central sewer.
7.7.4.5 all structures shall be located at least twenty (20) m from the ordinary high water
mark of any wetland, watercourse, water body and the Ocean Shoreline. This
setback shall not be applied to fire-fighting impoundments, accessory structures
less than 20m2 and structures related to water systems;
7.7.4.6 that projects proceeding without subdivision approval, or those which are exempt
from Part 11 Public Open Space of the Subdivision By-law shall provide appropriately
scaled recreational opportunities generally in keeping with the Subdivision By -law.
For greater clarity, these lands are not required to be deeded to the Municipality and
Council shall also have greater ability to consider assets and physical site
improvements as contributions to the overall value of the recreational space;
7.7.4.7 the proposal conforms to the applicable requirements of all Municipal By -laws,
except where the application is for a development agreement when the Land Use
By-law requirements need not be satisfied.
Staff Report #1 -Council Page 9
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
7.7.4.8 the project shall not generate emissions such as noise, dust, radiation, odours, liquids
or light to the air, water, or ground so as to create a recognized health or safety
hazard, and that the impact of such emissions on the development potential and
value of properties in the vicinity has been minimized;
7.7.4.9 subject to the physical characteristics of the site, any commercial, institutional or
industrial development shall achieve optimum separation from adjacent properties
which are not in commercial or industrial use, and screening in the form of fences,
vegetation, or berms as appropriate shall be constructed or installed to minimize
impact on the abutting uses;
7.7.4.10 that the project can be serviced with central or on-site sewer and that the disposal
of sewage and other effluents will not have a negative impact on the quality and
quantity of the water resources of the area;
7.7.4.11 any residential building is located on a site that is not subject to nuisances or a
degraded living environment caused by existing land use activities;
7.7.4.12 the site shall be landscaped with trees, shrubs, lawns, fences, and hard surfaced
walkways, as necessary to create a residential living environment;
7.7.4.13 sufficient parking and adequate safe access to parking lots shall be provided for
residents and guests;
7.7.4.14 all areas intended for vehicular traffic shall be surfaced with materials that remain
stable and dust free during all seasons and shall allow for adequate drainage and
snow removal;
7.7.4.15 the proposal is not premature or inappropriate due to:
a.financial ability of the Municipality to absorb costs related to the project;
b.creation or worsening of a pollution problem including soil erosion and
siltation;
c.adequacy of storm drainage and effects of alteration to drainage patterns
including potential for creation of a flooding problem;
d.adequacy and proximity of school, recreation, emergency services, and other
community facilities;
e.adequacy of street networks, on-site traffic circulation and site access
regarding congestion, traffic hazards and emergency access, including fire
vehicles;
f.inadequacy of on-site water supply for domestic consumption and for fire -
fighting purposes;
Staff Report #1 -Council Page 10
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
g.proximity to areas of high archeological potential as identified on provincial
government mapping.
7.7.4.16 all other matters of planning concern have been addressed.
While the impetus for creating the NCDD Zone was the application to develop the Mill Cove Park lands,
staff have drafted the zone and enabling policies in a manner that can be applied to other parts of the
Municipality for future phased developments.The policies are intended to be general in nature to allow
flexibility and be applied to other, large scale developments.
The policies include requirements for the submission of a Stormwater Management Plan prior to
Development Permits being issued for the site. The Development Agreement will outline standards and
requirements specific to the site in question and the plan must establish that the criteria outlined in the
DA has been met. Additionally, new structures are required to maintain a 20m setback from all
watercourses, waterbodies and wetlands, with exceptions for str uctures relating to fire suppression, water
systems and accessory structures (non-dwellings) of less than 20m2.
Other criteria standard to Development Agreements have been included: screening and buffering
between any commercial, institutional or light industrial uses and residential properties, not creating a
nuisance or degraded living environment, utilizing materials to prevent dust from roads and parking
areas, demonstrating that sufficient quality and quantity of water exists to service the site and th at
sufficient area exists to provide on-site disposal systems.
Municipal Land Use By-law Amendments NCDD Zone
The following text (table 3)is proposed as an addition to the Municipal Land Use By-law to implement the
Neighbourhood Comprehensive Development District Zone:
Staff Report #1 -Council Page 11
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
Table 3
6A.2 Neighbourhood Comprehensive Development District (NCDD) Zone
6A.2.1 Permitted Developments
Municipal Parks
6A.2.2 Development in NCDD by Development Agreement
The Neighbourhood Comprehensive Development District zone is designed to facilitate larger scale, phased
developments through one or more Development Agreements. Notwithstanding 6A1.1, no Development
Permit shall be issued within the NCDD zone unless it is in accordance with an approved Development
Agreement pursuant with Section 7.7 of the Municipal Planning Strategy.
6A.2.3 Permitted Developments for Existing Lots in Mill Cove Park NCDD Zone
Two dwelling units per lot in accordance with the Low Densit y Residential zone standards;
Accessory Structures subject to 6A1.2.3.
Existing Lots in Mill Cove Park NCDD Zone
60425048 60670718 60661907 60670593 60670635 60662012
60077799 60670726 60661915 60670601 60670734 60661980
60613452 60662020 60661923 60670619 60670668 60657616
60661568 60670643 60670692 60661998 60670676 60657640
60661550 60661931 60670700 60670627 60670684 60661584
60661543 60661949 60423506 60662004 60657657 60661972
60670650 60657665 60657681 60657673 60657608 60657590
60657632 60657624 60661964 60661956 60661576
Gatehouse Property to remain MCP-HC
When comprehensive zoning was introduced to Mill Cove Park, PID 60615994, also known as the
Gatehouse property, was zoned Mill Cove Park Highway Convenience Commercial. This zone permits a
range of commercial uses and it was envisioned that the site would be developed with businesses
complimentary to the residential development. The current proposal does not affect this prop erty and the
Staff Report #1 -Council Page 12
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
NCDD Zone will not be applied. The existing MCP-HC zone will be maintained, with the understanding
that the site is proposed to fall under the Mixed -Use Zone, pending the adoption of the Draft Municipal
Planning Strategy and Land Use By-law. The Mixed-Use Zone will permit the Commercial uses currently
allowed in addition to other uses. Until the draft planning documents are officially adopted, the existing
MCP-HC regulations will apply.
Other Remaining MCP Zones
In addition to the gatehouse property, several existing Mill Cove Park Zones will be temporarily
maintained within the Land Use By-law (see Map 3), pending adoption of the Draft Municipal Planning
Strategy and Land Use By-law. Similar to the gatehouse property, the draft plan calls for all lands not
rezoned to NCDD as falling under the Mixed Use Zone. These lands are not currently included in the
planned residential development and therefore do not justify rezoning to the NCDD Zone at this time. The
zones to be maintained, in addition to the Mill Cove Park Highway Convenience Commercial Zone,
include: Mill Cove Park Campus Commercial Zone, Mill Cove Park Institutional Zone and the Mill Cove
Park Community Park Zone. These zones remain unchanged, except where descriptions of the extent wer e
adjusted to match the proposed zoning including the NCDD Zone.
Draft Development Agreement Forthcoming
This discussion and consideration of the NCDD Zone is the necessary first step in the request of the
Applicant to develop the lands at Mill Cove Park as envisioned. Staff have received an application and
direction to pursue a Development Agreement, to be enabled through the NCDD Zone to facilitate the
planned development of Phase 1.A draft Development Agreement has received a positive
recommendation at the Municipal Area Advisory Committee meeting held on May 28 th and the Citizen’s
Planning Advisory Committee meeting held on June 10 th. The draft Development Agreement is currently
undergoing final legal review and will be brought to Council for consideration in the near future.
Public Information Session -
Staff and the Applicant held a Public Information Session on March 6, 2019 at the Aspotogan
Consolidated Elementary School. This session was advertised as an opportunity t o learn about the
proposed development, ask questions and raise any concerns. The intent was to cover both the rezoning
and amendment request as well as the draft Development Agreement.
No members of the public attend the meeting. Staff, the Applicant, a representative for the golf course
operator and the Deputy Warden were the only ones in attendance. The meeting was closed at 7:30 p.m.
Recommendation by the Municipal Area Advisory Committee –
The draft Neighbourhood Comprehensive Development District Zone was considered by the Municipal
Area Advisory Committee at a meeting held on March 26 th, 2019.The Committee members heard a brief
presentation from the Applicant’s representative (Ged Stonehouse), followed by a report by the Senior
Staff Report #1 -Council Page 13
Creation and Rezone to Neighbourhood Comprehensive Development District Zone
Planner. Following discussion and clarification of several points, MAAC members passed the following
motion:
MOVED by Herb Fraser, SECONDED by Abdella Assaff to recommend that the Neighbourhood
Comprehensive Development District Zone be implemented as proposed and applied to the Mill Cove
Park lands identified in this report. CARRIED.
Recommendation by the Citizen’s Planning Advisory Committee –
The staff report and draft NCDD zone was reviewed and considered by the Citizens Planning Advisory
Committee at a meeting held on May 6, 2019.The Senior Planner presented a staff report and the
Committee members heard a brief presentation from the Applicant’s representative (Ged Stonehouse)
before passing the following motion:
MOVED by Carol Nauss, SECONDED by John Carroll to recommend that Municipal Council implement the
Neighbourhood Neighbourhood Comprehensive Development District Zone as proposed and a pplied to
the Mill Cove Park lands identified in this report. CARRIED.
Conclusion -
Staff believe the proposed Neighbourhood Comprehensive Development District zone provides a flexible
planning tool to facilitate large scale, preplanned developments, whic h may choose to utilize alternative
forms of housing, servicing and land ownership.The NCDD Zone was designed to require a Development
Agreement to initiate virtually all development. The supporting policies are thorough, yet flexible enough
to provide for site specific analysis and evaluation to determine the suitability of a proposed development
in a given community. The Development Agreement process also calls for public input and participation
which then can influence the specific requirements in the D evelopment Agreement to address community
concerns.
Options -
1.That Municipal Council give 1st Reading to the draft Municipal Planning Strategy and Land Use
By-law amendments attached to this report to create the Neighbourhood Comprehensive
Development District (NCDD) zone and rezone the lands identified in Map 1 to the NCDD zone;
2.That Municipal Council reject the request to implement the Neighbourhood Comprehensive
Development District Zone;
3.Table the discussion and request changes or further information to the draft NCDD Zone be
brought to a future meeting;