Hamlet of Taloyoak Community Plan By-law No. 200 (March 2016) — full text

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COMMUNITY PLAN BY-LAW 200 MARCH 2016 Taloyoak Community Plan By-Law No. 200 March 2016 1 Taloyoak Community Plan By-Law No. 200 March 2016 2 SCHEDULE 3 1. Introduction 1.1 Purpose of the Plan The purpose of the Taloyoak Community Plan is to outline Council's policies for managing the physical development of the Hamlet for the next 20 years - to 2036 - that reflect the needs and desires of the Community. The Plan was created through a community consultation process. The Community Plan builds on previous plans, while incorporating new challenges, issues and needs identified by the community. 1.2 Goals of the Community Plan Community Plan policies emerge from the values of a community and its vision of how it would like to grow. The goals established for this Community Plan are: 1. To develop in an orderly fashion creating a healthy, safe, functional, and attractive community that reflects community values and culture. 2. To accommodate an appropriate range and mix of uses to accommodate growth and change in the community. 3. To promote the Plan as a tool for making effective and consistent decisions regarding land use and development in the community. 4. To build upon community values of participation and unity to support community projects and local economic development. 5. To protect the natural beauty of "Nuna", protect viewpoints to the water, and retain waterfront areas for public uses and traditional activities. 1.3 Administration of the Plan The Community Plan is enacted by By-law. Changes to the Plan can be made by amending the By-laws in accordance with the Nunavut Planning Act. The Community Plan should be reviewed and updated every five years as required by the Nunavut Planning Act. A Zoning By-law is also being enacted for the purpose of implementing detailed policies based on the Community Plan. All development must follow the intent of the Community Plan and Zoning By-law. The Community Plan includes Schedule 1 - "Community Land Use and Zoning Map", Schedule 2, and Schedule 3. 2. Community Growth and Phasing Policies At the time of preparation of this Plan, the population of Taloyoak was approximately 998 people. This Plan is based on a projected population for Taloyoak by 2036 of 1,496 people. It is estimated that an additional 176 dwelling units will be required to meet the projected population growth and to resolve the current overcrowding situation. The ten-year sustainable housing plan calls for 8 new units per year. Based on a minimum density of 20 units per net hectare, the housing demand represents a need for approximately 8.8 hectares of land. Taloyoak Community Plan By-Law No. 200 March 2016 3 The policies of Council are: a) Plan for a 2035 population of 1,496 people and address the current overcrowding situation. b) Encourage and facilitate the consolidation, intensification and redevelopment of existing lots within the townsite to conserve land supplies on the periphery of town. c) Where appropriate, Council will support infill in the form of multi-storey residential units. d) Council will phase new residential, commercial and community use land development as follows: i. Phase 1: Continue to develop and redevelop existing lots within the townsite and the north end of the Disneyland Subdivision, which represents approximately a 0-2 year land supply. ii. Phase 2: Develop a new mixed use residential subdivision to the north of the airport road. iii. Phase 3a/b: Develop a mixed use neighbourhood on the east side of Stanners Harbour to provide for long-term community growth. e) Prior to developing Phases 3a/b on the east side of Stanners Harbour, Council shall explore back filling of the waterbodies located adjacent the core area for future residential development provided that the appropriate geotechnical studies and regulatory approvals are obtained. f) Council will provide new industrial land development by developing an industrial subdivision on the north side of the airport road, between the Disneyland Subdivision and the gravel deposit. 3. General Policies The following policies of Council apply to development in the Hamlet regardless of land use designation: a) The development of lots shall be subject to the following lot development policies: i. All service connections to buildings shall be easily accessed from the front yard on all lots and grouped together, where possible. ii. Access to new buildings will avoid, where possible, main entrances on the south side to reduce problems associated with snow drifting. iii. Building foundations should achieve an unobstructed gap of at least 0.8 m between the ground and the underside of the building, wherever possible, to reduce problems associated with snow drifting. iv. Buildings shall be sited to respect setbacks identified in the Zoning By-law. v. Any building over 500 m2 in gross floor area shall consider potential wind impacts on surrounding development. A wind study may be required by the Development Officer. vi. Where culverts are required, they shall be installed at the access points to lots. Taloyoak Community Plan By-Law No. 200 March 2016 4 vii. On any portion of a lot where fill is introduced, the lot shall be graded to ensure that drainage is directed towards the public road. Exceptions may be made by the Development Officer or Council. Where possible, drainage ditches shall not be located in Utility Right-of-Ways or Easements. viii. Road widenings may be obtained as required at the time of development or redevelopment of a lot in situations where the road right-of way is less than 16 metres wide. b) Council shall consider establishing a Planning and Lands Committee in order to assist Council on planning decisions. The Planning and Lands Committee will provide recommendations to Council regarding current and future community development. The Committee members are encouraged to be innovative and imaginative, listen to and engage citizens and look to a healthy future for the Hamlet. c) The Hamlet will undertake a redevelopment plan for the core area of the existing townsite to show what lot lines must be adjusted, and buildings and roads, etc. moved or removed, in order to improve traffic flow, snow management, safety, and fire separations. d) The Hamlet will consider adopting a Road Naming and House Numbering By-law by the year 2017. e) The Hamlet will pile snow in locations to minimize downwind snow drifting and where spring melt runoff can be properly channeled to drainage ditches or waterbodies. f) The Hamlet shall generally avoid piling snow within at least 30.5 metres (100 feet) of any watercourse. g) The Hamlet shall pile snow in locations to minimize downwind snow drifting and where spring melt run-off can be properly channelled to drainage ditches or water bodies. h) A minimum setback distance of 30.5 metres (100 feet) of a watercourse shall be maintained, except subject to terms and conditions of the Hamlet Council. i) Utilities or communications facilities shall be permitted in any land use designation. Other than designated Right-of-Ways or Easements for Utility or Communication lines, Easements alongside roadways, marked between the edge of the roadway and lot lines, will be used for distribution lines with a minimum clearance as specified in the Utility Corporations Joint Use Agreement. j) The Hamlet shall protect cemeteries and sites of archaeological, ethnographical or historical significance from disturbance. . Any development in or near such sites shall follow the Nunavut Archaeological and Palaeontological Regulations, 2001 of the Nunavut Act (Canada). k) The Hamlet shall decide on an appropriate location for both the Anglican and Catholic cemeteries. The future location of these cemeteries shall consider appropriate road access and parking as well as suitable ground conditions for burials. l) The Hamlet shall encourage development that minimizes emissions from fossil fuels, that are energy efficient and that consider alternative energy supply technology. m) The Hamlet shall consider strategies to adapt to the future impacts of climate change, such as locating development away from low lying coastal areas and protecting existing areas against erosion. Taloyoak Community Plan By-Law No. 200 March 2016 5 n) The Hamlet shall work with the Nunavut Planning Commission to ensure that the Taloyoak Community Plan and the future Nunavut Land Use Plan are compatible. o) To reduce the amount of fill and ground alterations, pile foundation is the preferred foundation type, where appropriate. 4. Community Development Policies The following policies of Council shall guide Council's decision-making on issues of development and land uses: a) Adequate housing is fundamental to public health, and the social well-being of the community. In addition to identifying new residential development areas, Council will encourage and pursue the development of new homes in the community. b) The Hamlet will use new development and public spaces to celebrate Inuit culture and language. c) Council will actively pursue property standards with leases and property owners in the Hamlet to ensure that building stock, particularly housing stock, is being fully utilized and is being maintained. d) Due to capacity, safety, and need for more developable land, Council will continue to actively pursuing the relocation of the existing airport on land south of the community. e) In order to promote public health, and safe, active transportation, the Hamlet will pursue the paving of major roads in the community and the delineation of sidewalks for pedestrians. f) Facilities for youth, including the retention / relocation of the existing Youth Hall will be a priority for Council. g) The existing landfill site is nearing capacity and is located in close proximity to the water source, as well as the shoreline. The construction of a gasification system will be prioritized over the construction of a new landfill. h) The Hamlet shall adopt a road naming by-law and lot numbering by-law. i) The Hamlet shall encourage development that minimizes emissions from fossil fuels, that are energy efficient and that consider alternative energy supply technology. j) The Hamlet shall consider strategies to adapt to the future impacts of climate change, such as locating development away from low lying coastal areas and protecting existing areas against erosion. 5. Land Use Designations Taloyoak Community Plan By-Law No. 200 March 2016 6 5.1 Residential The Residential designation provides land for primarily residential uses; however, it also permits other small-scale conditional uses subject to the approval of Council. The policies of Council are intended to maintain an adequate supply of land for residential development, to build safe and livable neighbourhoods, and to protect residential areas from incompatible development. The policies of Council are: a) The Residential designation will be used primarily for housing with all types of dwelling types permitted. Uses that are residential in nature, such as a special needs home, a home occupation, or a bed and breakfast will also be permitted. b) Residential development will be phased so that a target minimum of 3 years supply of vacant surveyed land, or approximately 1 hectare, is available at any given time. c) In addition to the above, Council will look for opportunities for infill lots for new housing within the existing townsite. Council will work with the Nunavut Housing Corporation to identify where existing lots could be consolidated and redeveloped with attached housing forms (i.e. 5-plexes). d) Lands shown in light yellow are subject to consultations with NTI and KIA prior to development. 5.2 Commercial & Community The Community designation is intended to maintain an adequate supply of land for commercial and community uses, preferably in significant and important locations so that residents may enjoy easy access to public facilities and services. The policies of Council are: a) The Community designation will be used primarily for: i) commercial uses, such as hotels, restaurants, retail stores, personal and business services, and offices; ii) public uses, such as community centres, places of worship, medical clinics, schools, and other institutional or community uses; and iii) government services. b) Commercial and community facilities will be centrally located along main roads, where possible, to ensure safe and convenient access by residents. c) Residential uses will be permitted when located above a ground floor commercial or community use. d) Council will encourage the re-use or redevelopment of existing sites within the built-up area of the Hamlet. e) Council shall seek opportunities and encourage the relocation of industrial uses and low density residential uses outside the core area over time by considering land swaps and/or other incentives. f) Council shall encourage the removal of temporary storage for construction, including building materials, behind the community hall and arena to re-instate this area for Community gatherings and uses. Taloyoak Community Plan By-Law No. 200 March 2016 7 5.3 Open Space The Open Space designation is intended to protect shoreline environments, maintain access to the sea, and to reserve open spaces within the built-up area for recreational and cultural events. The policies of Council are: a) The Open Space designation will be used primarily for parks, walking trails, traditional and recreational uses, such as beach shacks, boat storage, community docks, and temporary storage of sealift equipment during sealift operations. All uses are conditional and at the discretion of Council. b) A playground or sports field should be located within a 300 metre walking distance from any residence in the community. c) Unless otherwise noted, all Commissioner's Land forming part of the 100-foot strip (30.5 m) along the seashore measured from the ordinary high water mark will be designated Open Space. d) A wildlife corridor should be maintained between the airport and the built-up area of the Hamlet. e) Council shall encourage the removal of temporary storage for construction, including building materials, on all lands designated as Open Space 5.4 Light Industrial The Light Industrial designation is intended to provide for light industrial developments which are compatible with surrounding uses. These uses should operate in such a manner that no nuisance factor is created or apparent outside an enclosed building. Limited outdoor activities, such as loading, service and storage, that are necessary to a principal use may occur, but should not dominate the use of the site. The policies of Council are: a) Permitted uses in the Light Industrial designation will include all forms of manufacturing, processing, warehousing and storage uses. b) Garages are also permitted in the Light Industrial designation provided they do not generate excessive noise, fumes and odours. c) The storage of dangerous or hazardous materials is not permitted in the Light Industrial designation. d) The Hamlet and Council shall ensure compatibility between uses and minimize the negative impact of the light industrial uses on adjacent non-industrial areas. e) The former power plant property shall be cleaned-up of contamination and be utilized for future light industrial uses. 5.5 Heavy Industrial The Heavy Industrial designation is intended to reduce the negative effects and dangers associated with industrial uses, such as excessive noise, dust, truck travel and the Taloyoak Community Plan By-Law No. 200 March 2016 8 storage of potentially hazardous substances. Industrial uses shall be directed to industrial subdivisions away from the core area of the Hamlet. The policies of Council are: a) Permitted uses in the Heavy Industrial designation will include the power generation plant, fuel storage and other uses likely to generate excessive noise, fumes, odours or are hazardous or obnoxious. b) Council will encourage the Co-Op and other leaseholders to relocate storage uses from the centre of town to the industrial subdivision. c) Council will explore options to relocate the hamlet garage near the sealift area to the industrial subdivision. d) The uses permitted in the Light Industrial designation are also permitted in the Heavy Industrial designation. 5.6 Transportation The Transportation designation is intended to protect and ensure the safe operation of the airport, related activities such as the NavCanada communications sites, and major marine facilities. The policies of Council are: a) Permitted uses in the Transportation designation include all activities related to air traffic and communications, as well as major marine activity. Commercial activities that are accessory to air traffic are also permitted in this designation. b) All development within the areas affected by the Spence Bay Airport Zoning Regulations, as shown on Schedule 2, shall comply with those regulations. Development applications shall be referred to Nunavut Airports for review and approval where development is proposed adjacent to the airport and/or where development has the potential to interfere with airport operations. c) All development within the Transportation Influence Zone of aircraft communications facilities is subject to the approval of NavCanada. d) Council shall initiate a study to develop a deep water port and sealift operation in Stanners Harbour. 5.7 Nuna The Nuna designation applies to all unsurveyed land within the Municipal Boundary not designated by another land use and is intended to protect the natural beauty and cultural resources of the land - 'Nuna' - while providing access for traditional, recreational and tourism activities. The policies of Council are: a) The Nuna designation generally permits traditional, tourism and recreational uses. Permitted uses also include dog teams, quarrying, commercial harvesting, and infrastructure projects for local economic development. b) Council shall ensure that development does not negatively impact wildlife, wildlife habitat and harvesting and is consistent with the guiding principles of Inuit traditional knowledge. c) Council will move the access road to Middle Lake as shown on Schedule 1 to improve airport safety. Taloyoak Community Plan By-Law No. 200 March 2016 9 d) Council will work with local partners and other levels of government to improve ATV and snowmobile access trails to the land and sea in a way that reduces the negative impact of vehicle traffic on the tundra. e) Council shall explore reducing the existing 450 metre setback from the former Waste Disposal site with the Government of Nunavut. 5.8 Municipal Reserve The Municipal Reserve designation is intended to reserve land for the future growth of the community. The policies of Council are: a) The Municipal Reserve designation does not permit any development except temporary uses approved by Council. b) Municipal Reserve lands shall be redesignated by amendment to this Plan prior to being used for community expansion. c) Lands designated Municipal Reserve may be affected by significant environmental constraints to development such as shallow waterbodies and poor drainage. All constraints shall be cleared of environmental constraints prior to the lands being redesignated for development. d) The conceptual road network shown on Schedule 1 may need to be changed according to community needs during the subdivision process. 5.9 Watershed Overlay The Watershed Overlay identifies the watershed of the Hamlet water source. This overlay is intended to restrict the uses of the underlying designation to prevent contamination of the Hamlet water supply. The Watershed Overlay also identifies the Canso Lake watershed which has been identified as the community's water source. The policies of Council are: a) No development is permitted in the Watershed Overlay unless it can be clearly demonstrated that the development will have no impact on the Hamlet water source. b) Despite policy 4.11 a) above, uses accessory to the supply of water such as a pipeline, a pumping or monitoring station or road are permitted. c) The old utilidor and connection from Water Lake to the former water treatment plant shall be removed.