DRA-2-2023 Amendment - Development Regulations Amendment No. 2, 2023 — full text

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TOWN OF SMALL POINT-BROAD COVE-BLACKHEAD- ADAMS COVE MUNICIPAL PLAN 2011 DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2023 "CHANGES to DEVELOPMENT REGULATIONS" JANUARY 2023 PLAN-TECH - ENVlRONMENT URBAN AND RURAL PLANNING ACT, 2000 RESOLUTION TO APPROVE TOWN OF SMALL POINT-BROAD COVE-BLACKHEAD-ADAMS COVE DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2023 Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act, 2000, the Town Council of Small Point-Broad Cove-Blackhead- Adams Cove. a) Adopted the Small Point-Broad Cove-Blackhead-Adams Cove Development Regulations Amendment No. 2, 2023 on the 10th day of March, 2023. b) Gave notice of the adoption of the Town of Small Point-Broad Cove- Blackhead-Adams Cove Development Regulations Amendment No. 2, 2023, by notice posted on the Town's webpage, Facebook page, on display at the Town Office and a notice posted in local stores. c) Set the 17th day of April at 7:30 p.m. at the Town Hall, for the holding of a public hearing to consider objections and submissions. Now under section 23 of the Urban and Rural Planning Act, 2000, the Town Council of Small Point-Broad Cove-Blackhead-Adams Cove approves the Town of Small Point-Broad Cove-Blackhead-Adams Cove Development Regulations Amendment No. 2, 2023 as adopted (or as amended). SIGNED AND SEALED this \1 th day of A?"\ , 2023 Mayor: (Council Seal) ✓ Clerk: URBAN AND RURAL PLANNING ACT, 2000 RESOLUTION TO ADOPT TOWN OF SMALL POINT-BROAD COVE-BLACKHEAD-ADAMS COVE DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2023 Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of Small Point-Broad Cove-Blackhead-Adams Cove adopts the Town of Small Point-Broad Cove-Blackhead-Adams Cove Development Regulations Amendment No. 2, 2023. Adopted by the Town Council of Small Point-Broad Cove-Blackhead-Adams Cove on the 10th day of March, 2023. Signed and sealed this \3 th day of A~r, \ I 2023. Mayor: (Council Seal) Clerk: CANADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Town of Small Point-Broad Cove-Blackhead-Adams Cove Development Regulations Amendment No. 2, 2023 has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. Development Regulations/ Amendment REGISTERED Number 1/: 755 - .2.023 - 003 Date ltb Mt¥( M?:3 Signature ~!JMJ <'.'.'.' <.:::.-->" TOWN OF SMALL POINT-BROAD COVE-BLACKHEAD-ADAMS COVE DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2023 BACKGROUND The Town of Small Point-Broad Cove-Blackhead-Adams Cove proposes to amend its Development Regulations. The Town of Small Point-Broad Cove-Blackhead- Adams Cove is an amalgamation of four communities. It adopted its first Municipal Plan and Development Regulations in 2011. This will constitute the first Amendment to the Development Regulations. The Development Regulations have been in effect for a 10-year period. Rather than conduct a full review of the Development Regulations, this Amendment proposes to alleviate inconsistencies in the current development standards and update current standards. ANALYSIS The present Development Regulations came into effect in 2011. Since then, the 2016 and 2021 census data has been released. The purpose of this amendment is to update the Development Regulations and Town (TN) Land Use Zone Table. PUBLIC CONSULTATION At a public meeting held on September 12, 2022, the Town conducted its own Public Consultations on the existing Municipal Plan and Development Regulations. The meeting was advertised by notices posted in the Town Office, both local stores, the Town's Facebook page and website. The Town's website indicated over 100 different ip address hits to view the Town's amendments during the period when the notices were posted and the day of the meeting. The purpose of the consultations was to enable interested persons or groups to provide input and receive information on the planned and required amendments to Munici°pal Plan and Development Regulations. At the meeting, the Mayor presented a summary of proposed changes to the Municipal Plan and Development plans. Regulations. Significant changes are: updating background data including most recent census numbers, well information, landfill now closed and property tax introduced. Highlighted was the need for more land for future development. As a result of the meeting three areas were identified to be re-designated from "Rural" to "Town" (ORA 1). There was interest indicated in developing these areas as they are accessible by existing roads. Extending electrical services would be required and are within a reasonable distance to these identified areas. Other Issues identified were: a) the pressure on existing roads due to an increase in traffic. b) The "Track" road is narrow and used by various all terrain vehicles and pedestrians. The track would need to be upgraded to allow for an increase in development. c) Land locked parcels of land should be considered and allow access from other landowners. d) The potential for construction of subdivisions is low as much of this land is already privately owned. Upon receiving copies of the draft amendment documents, Council undertook a second Public Consultation so that individuals and groups could provide further input to the proposed Municipal Plan Amendment. The Town Council of Small Point- Adams Cove posted a notice in the Town Office, both local stores, the Town's Facebook page and website, advertising the proposed amendment seeking comments or representations from the public. The Town Council placed the proposed amendment on display at the Town Council Office from January 17, to January 24, 2023, for residents to view and to provide any comments or concerns in writing to the Council concerning the proposed amendment. No letters or objections were received by the Town during the public consultation period. AMENDMENT No. 2, 2023 The Town of Small Point-Broad Cove-Blackhead-Adams Cove Development Regulations are amended by: A) Adding the following to General Regulation 17(1) Form of Application, as shown below: 17. Form of Application (1) An application for a development permit or for Approval in Principle shall be made only by the owner or by a person authorized by the owner to the Town on such form as may be prescribed by the Town, and every application shall include such plans, specifications and drawings, including a legal survey, as the Town may require, and be accompanied by the permit fee required by the Town. B. Adding the following sentence to the end of General Regulation 61, Street Construction Standards as shown below: 61.Street Construction Standards A new street may not be constructed except in accordance with and to the design and specifications laid down by the Town. All new streets shall have a minimum with of 4.5 metres, with a reservation of 9 metres. C. Changing the minimum floor area from 80m2 to 55.75m2 as found in the Town (TN) Land Use Zone Table, Schedule C, as shown below: ZONE TITLE - TOWN (TN) PERMITTED USE CLASSES - (see Regulation 95 and Condition 1) Apartment attached to a business, Conservation, Bed and Breakfast, Recreational Open Space, Single Dwelling, Single Dwelling-Mini Home. DISCRETIONARY USE CLASSES - (see Regulations 23 and 96 and Condition 1) Agriculture, Antenna, Campground, Catering, Child Care, Club and Lodge, Commercial - Resident ial, Communications, Convenience Store, Cultural and Civic, Double Dwelling, Educational, Funeral Home, General Assembly, General Industry, General Service, Light Industry, Medical and Professional, Medical Treatment and Special Care, Mineral Exploration, Office, Outdoor Market, Passenger Assembly, Personal Service, Place Of Worship, Seniors' Housing and Personal Care Facilities, Service Station, Shop, Solid Waste (Condition 11), Take-out Food Service, Theatre, Transportation, Veterinary STANDARDS WHERE PERMITTED All Development Floor Area (m2) minimum 80-m~ 55. 75 m2