2018-01-16 Public Hearing Agenda

Council Chambers, Municipal Administration Building,
Annapolis Royal

11:00 A.M., January 16, 2018

1. Welcoming Remarks - Warden Timothy Habinski
Format: Council is to deal with two public hearings. At the end of the second public hearing the Public Hearing session will be closed and Council will return to its regular session of Council.

Purpose: The purpose of a Public Hearing is to permit members of the public to make their views known to Council, via oral or written submissions, concerning, solely, the application before Council.

The 1st Public Hearing concerns File No. 66520-35 2017 MPS/LUB-002: an application by the registered property owner, Wesley Sproule. In this instance the Public Hearing serves to inform the public of Council’s intention to adopt an amendment to the Annapolis County East End Area Municipal Planning Strategy Future Land Use Map and change the designation of the existing trailer park property located at the intersection of Highway 1 and Vault Road in the Community of Wilmot, identified as PID No. 05032412, from RESIDENTIAL to COMMERCIAL and to concurrently adopt an amendment to the East End Area Land Use By-law Zoning Map to rezone the same property from the Residential Medium Density (R-2) Zone to the Highway Commercial (C-2) Zone. Upon the removal of the existing mobile homes this will permit up to 4 four-unit residential dwellings (townhouses) to be constructed on the property.

The 2nd Public Hearing concerns File No. 66520-35 2017 LUB-001: an application by Sefton Squires, the agent for the registered property owners, Shaun and Patricia Saunders. In this instance the Public Hearing serves to inform the public of Council’s intention to adopt an amendment to the Bridgetown Land Use By-law Zoning Map to rezone 11 Jeffery Street, in the community of Bridgetown, a property identified as PID No. 05149323, from the Institutional (I1) Zone to the Residential Light Density (R-1) Zone so as to redevelop the property into a single unit residential dwelling.

Procedure: all questions and comments throughout the public hearings are required to be addressed to the chair. The chair will afford an opportunity for public input and will ask that persons speaking identify themselves so that their comments may be recorded in the minutes of these proceedings and that the person speaking identify if they are speaking in favour or against the application. Written presentations are acknowledged first, followed by public oral presentations. Questions and comments from Council members are asked to be held until all public comment is heard.

2. File No. 66520-35 2017-MPS/LUB-002: Sproule Application
a. Presentation by Planner – Application Specifics & Planning Process
b. Presentation of the Request – applicant – Wesley Sproule
c. Acknowledgement of Written Submissions (Municipal Clerk)
d. Call for Oral Presentations (open discussion from the floor – public)
i. 1st call for comments against the application
ii. 2nd call for comments against the application
iii. 3rd call for comments against the application
iv. 1st call for comments in support of the application
v. 2nd call for comments in support of the application
vi. 3rd call for comments in support of the application
e. Call for questions or comments from Council Members

3. Planning Process Next Steps (Planner)
a. This application is considered a planning document amendment.
b. 2nd Reading of adoption of amendments options – today or later?
c. Voting – MGA 205 (7) & (8): Only those members present at the public hearing may vote on the 2nd Reading of the amendments and voting shall be the majority of full Council.
d. MGA 208 – Application is subject to Provincial Director of Planning’s review (4 certified copies are sent) the review is to determine if Ministerial approval is required.
e. Upon completion of Provincial process - a notice of approval ad is placed in a local paper.
f. No appeal allowed to NSURB

4. File No. 66520-35 2017-LUB-00: Squires/Saunders Application
a. Presentation by Planner – Application Specifics & Planning Process
b. Presentation of the Request – applicant – Sefton Squires
c. Acknowledgement of Written Submissions (Municipal Clerk)
d. Call for Oral Presentations (open discussion from the floor – public)
i. 1st call for comments against the application
ii. 2nd call for comments against the application
iii. 3rd call for comments against the application
iv. 1st call for comments in support of the application
v. 2nd call for comments in support of the application
vi. 3rd call for comments in support of the application
e. Call for questions or comments from Council Members

5. Planning Process Next Steps (Planner)
a. The simple LUB amendment procedure (supported by MPS policy) is the same as a planning document procedure except that:
b. MGA 210 (1): the amendment is not subject to review of the Provincial Director of Planning or the approval of the Minister.
c. Voting is by the majority of Council present at the Public Hearing - MGA 210 (2).
e. After adoption of the amendment a newspaper ad is placed setting out the right of NSURB Appeal (14 Days) - MGA 210 (3). As per MGA 210 (4) a certified copy of the amending by-law is sent to Minister.
g. MGA 210 (6): there is a 120 day deemed refused clause.
h. When appeal period lapses or an appeal disposed of – then the amendment comes into effect and a development permit can be issued to affect the change of use.

6. Closing Comments and Adjournment (Warden)

7. Return to Regular Session of Council (Warden)
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