Petty Harbour-Maddox Cove, Newfoundland and Labrador
· adopted 2023-11-14
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TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS
AMENDMENT NO. 3, 2023
St. Joseph's Church Property
Prepared by:
Mary Bishop, FCIP
May, 2023
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2023
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Petty Harbour - Maddox Cove adopts Development Regulations
Amendment No. 3, 2023.
Adopted by the Town Council of Petty Harbour - Maddox Cove on the 5th day of
September, 2023.
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Signed and sealed this X
day of /Jol)fur1be£ , 2023.
Mayor~~~
Ron Doyle
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations Amendment No. 3, 2023 has
been prepared in accordance with the requirements of the Urban and Rural
Planning Act 2000.
Mary Bishop, RPP, MCIP, FCIP
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2023
Under the authority of Sections 16, 17 and 18 of the Urban and Rural Planning
Act 2000, the Town Council of Petty Harbour - Maddox Cove
1. Adopted Development Regulations Amendment No. 3, 2023 on the 5th
day of September, 2023.
2. Gave notice of the adoption of Development Regulations Amendment No.
3, 2023 by advertisement inserted in the Telegram on September __
and ___ , 2023.
3. Set the 5th day of October, 2023 at 7:00 p.m. at the Petty Harbour -
Maddox Cove Town Hall for the holding of a public hearing to consider
objections and submissions.
4. The Public Hearing was held and the Commissioner's report was received
and considered by Council at its meeting of November 14th , 2023.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000,
the Town Council of Petty Harbour - Maddox Cove approves Development
Regulations Amendment No. 3, 2023 on the 14th day of November, 2023, as
adopted.
SIGNED AND SEALED this ;}o ~
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, 2023
Mayo~
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Ron Doyle~
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TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS AMENDMENT
NO. 3, 2023
BACKGROUND
This amendment to the Development
Regulations is intended to comply with
Municipal Plan Amendment No. 2,
2023. The amendment would enable
Council to consider a range of
commercial uses for the St. Joseph's
church property which is currently
vacant following a sale of the property
by the Roman Catholic Episcopal
Corporation of St. John's.
The property on which the church is
located is 0.41 acres, bound by Skinners Hill Road along the north side and
Cribbies Road on east. The Town Hall, Community Centre, Museum War
Memorial and two residences are immediately south of the property. The site is
surrounded by residential development to the west and north and east along
Skinners Hill and Cribbies Roads. The property is located approximately 45m
from the Main Road.
The property is located in the Heritage Area (HA) land use zone. This zone sets
out the permitted and discretionary uses consistent with the policies of the
Municipal Plan. Council has received an application to use the St. Joseph's
church for a microbrewery and restaurant. In considering this application, and
other similar inquiries, Council is proposing to add microbrewery as a
discretionary use to the Heritage Area land use zone.
In considering the use of St. Joseph's church for a microbrewery, Condition 8.6.8
of the Heritage Area use zone table applies. It sets out conditions that apply to
Commercial Uses in this zone as follows:
Commercial uses such as restaurants, convenience stores and shops will only be
permitted as a discretionary use under the following conditions:
a)
The store shall be located on the main road, or at an intersection with the
main road;
b)
Parking, and building materials shall be similar in style and compatible
with the Heritage Area;
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c)
Shops selling craft products may be considered in locations off the main
road
Council is proposing to add microbrewery as a discretionary use in the Heritage
Area use zone.
As the St. Joseph's church property is not located on the main road, or at an
intersection with the main road an amendment to Condition 8.6.8 of the
Development Regulations is required in order for Council to consider proposals
for commercial use of the property.
PUBLIC CONSULTATION
The public consultation process for this amendment was the same as that for the
Municipal Plan Amendment No. 2, 2023.
AMENDMENT
The Petty Harbour - Maddox Cove Development Regulations shall be amended
as follows:
1.
By adding microbrewery to the list of Discretionary Uses in Section 8.6.2 of
the Heritage Area Use Zone Table;
2.
By adding the following as subsection d) to Section 8.6.8:
d) Notwithstanding subsection 8.6.8 a), Council may consider a range of
commercial uses for the St. Joseph's Church property, Cribbies Road,
where it can be shown that
i)
the use can occur in a manner that has minimal impact on
surrounding residential uses, in terms of noise, odour, lighting and
traffic;
ii)
adequate access and parking is provided in accordance with
Section 5 of these regulations.
iii) Council will require a parking plan that demonstrates sufficient
parking is available for the proposed use, including accessible
parking as required by the Accessibility Act.
iv) A traffic study may be required to determine traffic volumes and any
local road improvements necessary to accommodate traffic
associated with the proposed use.
v) A landscape plan, prepared by a qualified landscape architect may
be required to provide details on the location and type of landscape
materials and how it will be used to screen new parking spaces,
lighting, waste receptacles, loading areas, decks or ramps from
adjoining residential uses.
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vi) An operational plan will be required to provide details on water
usage, hours of operation, seating capacity, and how waste, noise,
odours and deliveries will be managed.
vii) Any expansion or increased capacity of any use approved for the
site will require application and approval by the Town.
viii) Conformity with any requirements following registration and review
under the Environmental Assessment Act and Regulations.
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