Municipality of the District of West Hants

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1 Municipality of the District of West Hants STAFF REPORT TO: FROM: West Hants Planning Advisory Committee Jeanne Bourque, Planner DATE: July 21, 2011 SUBJECT: Richard Pineo - Application to Amend the West Hants Land Use By-law to Add "Self Storage Operations" as a Permitted Use in the Highway Commercial Zone ORIGIN Application from Richard Pineo to add the use "Self Storage Operations" to the list of permitted uses in the Highway Commercial zone of the West Hants Land Use By-law. This is being considered as a general text amendment, and is not site specific. RECOMMENDATION It is recommended: THAT COUNCIL APPROVE THE APPLICATION FROM RICHARD PINEO TO AMEND THE WEST HANTS LAND USE BY-LAW TO ADD SELF-STORAGE OPERATIONS TO THE LIST OF PERMITTED USES IN THE HIGHWAY COMMERCIAL, HAMLET INDUSTRIAL, AND LOCAL INDUSTRIAL ZONES. In the past, staff have interpreted the existing industrial use, "warehousing operation", to include self storage operations, and this should be clarified. To support the proposed amendment, there should be an expanded definition of "warehouse", and a new stand-alone definition of "self storage operations" added to the Land Use By-law. So it is also recommended: THAT COUNCIL AMEND THE WEST HANTS LAND USE BY-LAW DEFINITION OF "WAREHOUSE" TO INCLUDE THE USE "SELF STORAGE OPERATIONS"; AND THAT A STAND ALONE DEFINITION OF "SELF STORAGE OPERATIONS" BE ADDED TO THE WEST HANTS LAND USE BY-LAW, AS SHOWN ON EXHIBIT 1. BACKGROUND The Planning Department has received an application from Richard Pineo to amend the West Hants Land Use By-law to add "Self Storage Operations" to the list of permitted uses in the Highway Commercial Zone. Mr. Pineo's wife, Carla Scherger, owns the parcel of land located at 1813 Highway #1, Falmouth, PID , and Mr. Pineo has provided documentation to show that he is authorized to apply on her behalf. The property is zoned Highway Commercial (HC) under the Land Use By-law, and designated Commercial on the Generalized Future Land Use Map. It is located within the Falmouth Growth Centre, and outside of the Commercial Core area. It has a total area of 25,500 sq. ft. (2,369 sq. m), and was recently the subject of a successful rezoning application and consolidation.

2 There are policies that allow Council to consider rezoning a Highway Commercial property to Resource Industrial (M-1) which allows warehousing operations as-of-right, but Mr. Pineo's property is less than the minimum lot size of 40,000 sq. ft. that Resource Industrial requires, so this is not an option. A number of inquiries have been received from West Hants residents in the past few years about self storage operations. In the past, the term "warehousing operations" has been interpreted as including self storage operations, and "warehousing operations" is a permitted use in only three zones: Resource Industrial (M-1) Joint Industrial Type Two (LI-2) Joint Industrial Type Three (LI-3) The two Joint Industrial zones apply only to existing industrial parks. The MPS also contains a Light Industrial (LI-1) zone which permits "warehousing operations", but it is a future zone for a new Industrial park, and there are no properties presently zoned LI-1. The 27 West Hants properties with these three zones within the Growth Centres, Village, and Hamlets are shown in EXHIBIT 2. There are an additional 38 properties designated as these zones scattered throughout the municipality. Providing that all other requirements of the Land Use By-law can be met, such as side yards and setbacks, self storage operations are a permitted use on these 65 properties. However, most of these properties are already used for some kind of industrial purpose, and are not readily available for self storage operations. Planning Advisory Committee, at their January 20, 2011 meeting, requested that Planning staff look at adding self storage operations to the West Hants Land Use By-law (LUB). When this application was received from Mr. Pineo, staff determined that this would be an opportune time to review the feasibility of adding this use to other zones as well as Highway Commercial. ZONES CONSIDERED FOR AMENDMENT Self storage operations are generally considered an industrial use, with large building foot prints, and no local retail component at street level such as shops or store fronts. They are usually appropriate for an industrial use zone, however, staff felt that the West Hants Highway Commercial zone would be compatible with this use, as outlined below. Staff also reviewed other Industrial zones which do not currently allow self storage operations. Staff looked at current permitted uses in each zone considered for the amendment, reviewed the sideyards and setbacks of each zone and the MPS description of the uses intended for the zone to determine the suitability of adding self storage operations to the permitted use list. Highway Commercial (HC) All of the properties currently zoned Highway Commercial are in the two Growth Centres and the village of Brooklyn. Staff feel that the this zone, while it is commercial, permits uses that are comparable to an industrial use such as self storage operations, for example, service stations, recycling depots and auto sales. Policy of the MPS states in part, Highway Commercial uses permits a range of uses requiring a large amount of commercial floor space When considering rezoning a property to Highway Commercial, requirements regarding front, rear and side yards, buffer strips, storage and lot access, and maximum floor area for new - 2 -

3 Highway Commercial uses, will provide sufficient controls to ensure that the proposed new use is consistent with the uses already permitted. Hamlet Industrial (M-2) Section 7.2 of the MPS states, ". the Hamlet Industrial zone is intended to allow industrial development that provides a service to local residents, is a resource-related industry, or is operated in conjunction with a residential use. Because the Hamlets are rural areas where, traditionally, small industrial uses ranging from auto body repair to saw mills have been an accepted part of rural life, the zone will allow for a broader range of uses than those permitted in the Local Industrial zone of the Village or Growth Centres. To minimize conflicts with neighbouring residential uses, larger lot sizes and setbacks, fencing or landscaping, and controls over open storage will be implemented." Staff feel that self storage operations fit within this general description, and that the zone requirements regarding front, rear and side yards, buffer strips, storage and lot access, and maximum floor area for new Hamlet Industrial uses, provide sufficient controls to ensure that the proposed new use is consistent with the uses already permitted. Local Industrial (LI) Section 5.7 of the MPS states that, "Industrial development can be divided into two categories: resource-related industries and service industries (e.g., warehousing, light manufacturing) Smaller-scale local industries may be located throughout West Hants, particularly if they are developed in conjunction with a residential use." Staff feel that self storage operations fit within this general description, and that the zone requirements regarding front, rear and side yards, buffer strips, storage and lot access, and maximum floor area for new Local Industrial uses, provide sufficient controls to ensure that the proposed new use is consistent with the uses already permitted. PROPERTY LOCATIONS AND SURROUNDING LAND USES This is a proposed general text amendment to the Land Use By-law (LUB) which will apply to all existing and future properties designated as the following zones: Highway Commercial (HC) Hamlet Industrial (M-2) Local Industrial (LI) EXHIBIT 3 is a table outlining the distribution of properties currently designated as these three zones in West Hants. There are a total of 95 properties which will be affected by this proposed LUB amendment. EXHIBIT 4 is a map showing 92 of the 95 properties, those which are located in the two Growth Centres, the Village of Brooklyn, and the eleven Hamlets

4 Surrounding land uses are varied for each property

5 ENVIRONMENTAL CONSTRAINTS Eight of the properties which would be affected by the proposed LUB amendment intersect land designated as Dykeland, they are all designated as Highway Commercial and all are located in the Falmouth Growth Centre. Mr. Pineo's property is within this designation. The preamble to Section 12.0 of the MPS states: "Non-farm development on dykelands is a concern, not only because it means the loss of valuable agricultural land, but also because of the risk of flooding and the drainage problems associated with these lands. Dykeland flooding may result from blockage of drainage ditches or aboiteaux, or from overtopping or breakage of dykes in high tides or severe storms. In the fall and winter months, localized flooding is common as drainage ditches become blocked with ice. Although flooding because of tides overtopping the dykes occurs less often, it represents a definite risk. The high public and private costs associated with property damage, pollution and loss of life because of serious tidal or freshwater flooding can be avoided by regulating or prohibiting development on dykelands." No new buildings are allowed in any zone if the property is designated as dykeland, however, Section 12.0 goes on to state that: "Existing buildings will be allowed to be enlarged or altered, and the use of an existing building may be changed to another permitted use, as long as the new use is not one that involves more intensive human or livestock occupancy, or the warehousing or production of hazardous materials." Section 34.0 of the LUB outlines the specific requirements for any development in areas designated as dykeland. It should also be noted that the Development Permit issued by the Planning Department to Mr. Pineo in May of 2011 for an extension to the existing building on 1813 Highway #1, Falmouth, states: "The area in which you plan to build has been designated as marshland by the Department of Agriculture of the province of Nova Scotia and is subject to flooding. The decision to build is entirely in the hands of the property owner. The Municipality accepts no liability in the event flooding should occur." While this application has been submitted by a property owner whose land is designated as dykeland, Planning staff feel that section 12.0 of the MPS and section 34.0 of the LUB allow Mr. Pineo to expand the existing building on his property, and to change the use if he so chooses. The other seven properties which intersect dykelands would also have to meet the same requirements. MUNICIPAL PLANNING STRATEGY AND LAND USE BY-LAW CONSIDERATIONS In considering an application for a Land Use By-law amendment, Council must determine whether the proposed amendment reasonably carries out the intent of the Municipal Planning Strategy and does not create any conflicts within the LUB

6 Adding a new use to the list of permitted uses outlined in the Land Use By-law reflects changing economic conditions and an increased desire for West Hants residents to engage in business activities that their land can accommodate

7 General Policy for LUB Amendments or Development Agreements (Policy ) The general policy for all land use by-law amendments or development agreements is discussed as follows: Policy (a) In considering development agreements and amendments to the West Hants Land Use By-law, in addition to the criteria set out in various policies of this Strategy, Council shall consider: whether the proposal is considered premature or inappropriate in terms of: (i) the adequacy of sewer and water services; (ii) the adequacy of school facilities; (iii) the adequacy of fire protection; (iv) the adequacy of road networks adjacent to, or leading to the development; (v) the financial capacity of the Municipality to absorb any costs relating to the development. Planning staff do not feel the proposed amendment is premature in terms of any of the matters identified. Generally speaking, the addition of a new use to the list of permitted uses does not impact on current adequacy of any of the above matters for existing uses. (i) The adequacy of sewer and water is not relevant. (ii) School adequacy is not relevant. (iii) Fire protection adequacy will be addressed when a building permit is applied for. (iv) To the knowledge of Planning staff, most if not all of the properties which would be affected by this amendment are located on public streets. (v) There are no anticipated costs to the Municipality as a result of this amendment. (b) the suitability with any aspect relative to the movement of auto, rail and pedestrian traffic Automobile traffic to a self storage operation would not be any different than traffic generated by many of the other already permitted uses, and in fact would likely be less than many of those uses, such as farm markets or auto service stations. All building permits would have to be accompanied by "Consent for Access" from Nova Scotia Department of Transportation. It is not anticipated that existing patterns of rail and pedestrian traffic would be impacted. (c) the adequacy of the dimensions and shape of the lot for the intended use; Each property affected would have to be assessed as to whether or not any of the permitted uses as well as the proposed additional use meets the required setbacks and buffers stipulated by each zone. (d) the pattern of development which the proposal might create; This text amendment will have no impact on the pattern of development as it will add one additional use which is compatible with the uses now permitted on the properties with the zones proposed for amendment. (e) the suitability of the area in terms of steepness of grade, soil and geological conditions, location of water courses, marshes or bogs and susceptibility of flooding; As with any application for a development permit, if any property is designated Environmental Constraints (Dykelands) on Schedule A of the LUB, then all relevant policies of Section 34.0 of - 7 -

8 the LUB must be followed. This amendment does not excuse any property owner from meeting those requirements. (f) whether the proposal meets the requirements of the appropriate provincial or federal agencies as well as whether it conforms to all other relevant municipal bylaws and regulations; and Before a building permit is issued, as with any development, all necessary building and fire code requirements, and approvals from external agencies and municipal departments, must be met. (g) any other matter required by relevant policies of this Strategy. All other matters of the relevant policies of the West Hants Municipal Planning Strategy and Land Use By-law have been addressed elsewhere in this report. CONCLUSION This report has reviewed the application for a text amendment to the West Hants Land Use Bylaw against the relevant policies and regulations of the West Hants Municipal Planning Strategy and Land Use By-law. As the proposal generally satisfies the criteria outlined in the MPS policies and LUB requirements, planning staff recommend that the application be approved. ALTERNATIVES 1. PAC could accept the staff recommendation and recommend that Council approve the application for text amendments to the West Hants Land Use By-law. 2. PAC could recommend that Council refuse the application

9 EXHIBIT 1 PROPOSED WEST HANTS ZONES WHICH WILL HAVE "SELF STORAGE OPERATIONS" ADDED TO THE LIST OF PERMITTED USES: Highway Commercial (HC) Hamlet Industrial (M-2) Local Industrial (LI) PROPOSED REVISION TO DEFINITION OF "WAREHOUSE OPERATIONS" Current text in the definition section of the West Hants LUB: "Warehouse means a building where wares or goods are stored but does not include a retail store." Proposed amendment: "Warehouse means a building where wares or goods are stored but does not include a retail store. Warehouse also includes self storage operations as defined elsewhere in this LUB" PROPOSED DEFINITION OF SELF STORAGE Self Storage Operations: A building or buildings consisting of small, self contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

10 Properties on Which Self Storage Operations are Currently Permitted Cheverie Properties Growth Centres, Hamlets, Village Summerville Mount Denson EXHIBIT 2 Newport Landing Falmouth Brooklyn Wentworth Creek Gypsum MinesSweets Corner Newport Corner St. Croix Three Mile Plains ± 0 5 Kilometres 10 Newport Station Ellershouse Ardoise-Cameron Lake

11 PROPERTIES AFFECTED BY PROPOSED LAND USE BY LAW AMENDMENT ZONE AREA Falmouth Growth Centre Three Mile Plains Growth Centre Brooklyn Village Ardoise Cameron Lake Cheverie Ellershouse Gypsum Mines Sweets Corner Highway Commercial (HC) Hamlet Industrial (M-2) Local Industrial (LI) TOTALS Mount Denson Newport Corner Newport Landing Newport Station St. Croix Summerville Wentworth Creek Other Locations TOTALS EXHIBIT 3 Table shows the three zones (down the left side) in which it is proposed to add "Self Storage Operations" to the list of permitted uses. They are divided into the two Growth Centres, the village of Brooklyn, and the eleven Hamlets (along the top of the table). The remaining PIDs (Property Identification numbers) are those in "Other Locations", not included in any of these areas. Sixty nine (69) or 73% of the 95 PIDs that would be affected by the proposed LUB amendment are in the two growth centres and village.

12 Properties Affected by the Proposed Land Use By-law Amendment Cheverie Properties Growth Centres, Hamlets, Village Summerville Mount Denson EXHIBIT 4 Newport Landing Falmouth Wentworth Creek Gypsum MinesSweets Corner Brooklyn Newport Corner St. Croix Three Mile Plains ± 0 5 Kilometres 10 Newport Station Ellershouse Ardoise-Cameron Lake

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