2016-11-15_Public Hearing Agenda

Council Chambers, Municipal Administration Building, Annapolis Royal
11:00 a.m., November 15, 2016

1.              Welcoming Remarks - Warden Timothy Habinski

Format: Council is to deal with one item at this public hearing. At the end of the public hearing, it 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 public hearing is also to inform the public of Council’s intent to adopt an amendment to the Annapolis County East End Area Land Use By-law Zoning Map so as to rezone the Falcourt Inn property, 8979 Highway 201, Nictaux, from Rural (R-5) to Institutional (I) Zone. This would permit the property to be converted from an Inn and Restaurant to an Addictions Rehabilitation Counselling Centre.

Procedure: All questions and comments throughout the public hearing 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 and their community each time 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 2016-LUB-002: East End Area LUB (Zoning Map) Amendment Application

a.              Presentation by Planner – Application Specifics & Planning Process

b.              Presentation of the Request – applicant - Ray MacDonald

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.              The amendment/adoption procedure for amendments to a LUB that is supported in MPS policy (a simple LUB amendment) is the same as a planning document procedure except that:

b.              MGA 210 (1): these amendments are not subject to review of the Provincial Director of Planning or the approval of the Minister.

c.              MGA 210 (2): the PPP is at the discretion of Council but Council has standing PPP policy – East End Area MPS Policy 9.7.1 & 9.7.2.

d.              MGA 210 (2): allows voting to be majority of Council present at the Public Hearing.

e.              MGA 210 (3): after adoption of the amendment a newspaper ad is placed setting out the right of NSURB Appeal (14 Days).

f.               MGA 210 (4): after adoption a certified copy of the amending by-law has to be 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.

4.         Closing Comments and Adjournment (Warden)

5.         Call for Motion to Return to Regular Session of Council (Warden)

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