2014-03-18_Public_Hearing - Cornwallis Park MPS LUB


Minutes of a Public Hearing conducted by the Municipal Council for the Municipality of the County of Annapolis on March 18, 2014, at the Municipal Administration Building, Annapolis Royal, N.S. at 11:00 a.m.

Present:          Warden Reg Ritchie; Deputy Warden Marilyn Wilkins; and Councillors: Brian ‘Fuzzy’ Connell Wayne Fowler, Paul McDonald, Gregory Heming, Timothy Habinski, Frank Chipman, Martha Roberts, and Diane LeBlanc.


Present: CAO John Ferguson, Director of Planning and Protective Services Albert Dunphy, Municipal Clerk Carolyn Young, other staff and approximately 11 members of the public.

Purpose of Public Hearing

Warden Ritchie noted that Council will deal with one issue only.

The purpose of today’s public hearing is to inform the public of Council’s intention to adopt the proposed Cornwallis Park Municipal Planning Strategy and Land Use Bylaw. A Public Hearing also permits members of the public to make their views known to Council via oral or written submissions concerning, solely, the application before Council.

At the end of the public hearing, the public hearing will be closed. Council shall consider second and final reading at a Council Session.

Re: Application No. 2012-MPS/LUB-002: Adoption of the revised Cornwallis Park Municipal Planning Strategy and the adoption of the revised Cornwallis Park Land Use By-law

Presentation by Planner

Application No. 2012-MPS/LUB-002: concerns the adoption of the revised Cornwallis Park Municipal Planning Strategy and Land Use By-law. The first Cornwallis Park Municipal Planning Strategy and Land Use By-law came into effect on March 16, 1999. Section 214 (2) of the Municipal Government Act requires a municipality to include policies in their planning documents as to how it intends to review the plan and by-law. Policy 6.1.2 of the current Cornwallis Park Municipal Planning Strategy establishes that the review should commence every five years, as required by the then Planning Act. The proposed plan, via Policy 9.1.1, sets out many more varied reasons to review the plan than a straight number.

The focus of the Cornwallis Park Municipal Planning Strategy and its accompanying Land Use By-law is three-fold: all grounded in the planning concept of guiding development via the separation of potentially competing land uses. Key to this plan continues to be the preservation and protection of the residential neighbourhoods by preventing the encroachment of commercial and industrial uses into residential areas, while still encouraging the development of small-scale home occupations. The second articulated goal is the encouragement of new industrial and business developments by creating strong protection areas for their continued use and expansion. Finally, the plan seeks to set aside sufficient amounts of suitable land for future residential, commercial and industrial needs. Overall the proposed municipal planning strategy and land use by-law for the Cornwallis Park Planning Area achieves the balance of integrating development through a common sense, community developed, regulation approach. In summary, this proposed plan builds on the existing plan but does not stray far from the 1999 development rules.

Planning Process to Date

  • April 10, 2012 – Committee of the Whole Meeting
  • April 17, 2012 – Municipal Council Session
    • November 16, 2012 – 1St CPAAC Meeting
    • November 23, 2012 to November 28, 2013 – CPAAC held a total of 11 meetings to discuss /decide the issues of the next five years for the Cornwallis Park area.
      • October 28, 2013 – CPAAC sponsored an Open House Meeting
      • November 15, 2013 and November 28, 2013 – CPAAC held an additional 2 meetings to discuss issues arising from the October 28, 2013 Open House.
        • November 28, 2013 – CPAAC Final Review Meeting
          • December 17, 2013 – Municipal Council Meeting
          • January 21, 2014 – Municipal Council Meeting
          • February 17, 2014 - The Planning Advisory Committee (PAC) Meeting
          • February 18, 2014 – Municipal Council Meeting
          • March 6, 2014 and March 13, 2014 - Public Hearing ads appeared in Annapolis County Spectator.
          • March 18, 2014 – Public Hearing. Staff prepared a Public Hearing agenda and planning process update report.

Action – recommendation made for Council to pass a motion to commence the review of the Cornwallis Park Municipal Planning Strategy and Land Use By-law.

Action - motion passed to commence the review of the Cornwallis Park Municipal Planning Strategy and Land Use By-law.

Action - motion passed accept the Cornwallis Park Review Schedule.

Action – presented draft Cornwallis Park Plan and By-law with residents / business owners to solicit additional comments for review consideration.

Action - motion passed recommending to Planning Advisory Committee to recommend to Municipal Council to adopt the revised Cornwallis Park Municipal Planning Strategy and Land Use By-law as presented.

Action - motion passed to hold a PAC Public Meeting on January 8, 2014.

Action – motion passed to hold second PAC meeting February 17, 2014.

Action - Public Meeting held. Received the CPAAC recommendation and reviewed the Planner’s Report.  Motion passed recommending Municipal Council adopt the revised Cornwallis Park MPS & LUB.

Action - motion passed giving 1st Reading and to hold Public Hearing on March 18, 2014.

Call for Reading of Written Submissions – The Municipal Clerk read into the record submissions from the following:

-                                                       Mark Kaiser, Guy LeBlanc Enterprises (1984) Limited

-                                                       Merwin Clayton, 116 Tribal Street

-                                                       Diane Dempsey, Bear Woods Supply Co. Inc.

-                                                       Diane Crosby, Glenn’s Parcel Service 2004 Limited

-                                                       Barry O’Neil, Rock Solid Composites

-                                                       Timothy Beaudoin, Hillside Drive Resident

-                                                       Annapolis Maintenance Services Limited

-                                                       Thomas Wilson Bell

Call for Public Oral Presentations – Two minutes each were provided to the speakers.

-          Jean-Paul (JP) Deveau, Acadian Seaplants Ltd. (ASL) – process that led to the recommendation. Led by professionals. Council to be congratulated for providing many opportunities to be heard. Any changes to the rules creates uncertainty and risk. 15 years have been invested in the current zoning. A 24/7/365 operation demonstrates that residential and industrial do not mix! Ivany report – what’s good for ASL is good for the Cornwallis Park. Sustainable. Rural communities need to attract business. Thanks council for managing the process well and providing opportunities to present.

-          Steve Spinney, Director of Safety, Wellness and Environmental Affairs at ASL – 24 years. Have lived in Annapolis County all this time. Having a skilled job and living locally in rural NS is great. ASL has provided us with great jobs, advanced skills and training. Cornwallis has some of the top engineers in Canada and North America. Local contractors. Able to be a skilled worker and stay in home area and appreciates the ability to do so.

-          Lynn Cornish, resident of Paradise – owns properties in the county. BSc Agriculture from NSAC in Truro. Worked out of Yarmouth initially. Now works in Research & Development facility in Cornwallis Park since 1997. Valuable industry, further enhances economic development. Appreciates living and working here.

-          Sherri Mitchell, lives in Digby, owner of 121 Tribal St. – provided a PowerPoint presentation on the history of the Base Commander’s House (121 Tribal St.), and requested that the draft MPS LUB be amended to recognize 116 and 121 Tribal Street as residential properties.

-          Dr. Ron Matsusaki, lives in Digby, owner of 121 Tribal St. – ASL trying to displace the two families in Cornwallis Park and a business owner being displaced by the changes. Three questions: 1. Why is ASL against residential? 2. Why the attempted eviction of Merwin Clayton at 116 Tribal. 3. Why was a threat put on Bear River Plastics? He feels that ASL and Albert Dunphy have presented misleading micro-information to the council and public. i.e. – that industrial areas are dangerous for children.

A Dunphy objected to the ongoing comments being made about himself. Dr. Matsusaki moved forward and concluded his presentation.

-          Dave (Duff) Wilson, resident of Bear River, owner of Bear River Plastic Welding Inc. – circulated information on his products. Considerable investment in the community over the past 10 years. Provided photos of how he hopes to expand. Just signed 5 year contract to do a project at a 100 berth marina, and has other projects pending. Provided a zoning map showing RB zone where they are currently located. Another map showing proposed bylaw and showing this location as Residential. No business or commercial on the south side of highway He noted he had asked the bank what the chances are for commercial loan for a business zoned commercial – no problem. What are chances of getting a loan for a Zone RB – slim chance. Would have to develop an exit strategy. Has work and expansion plans. He requested that the PIDs for 241 and 231 Spinnaker be exempt from the proposed bylaws and zoning changes, and that they be zoned industrial in order to conduct business on a level playing field. He added that he supports residential battle on the north side.

-          Mark Phillips, resident of Cornwallis Park, past GM ABCC and various since 1995 – net zero policy created to encourage business development in Cornwallis Park. Challenge to make sure businesses were compatible with each other and the region as a whole. No value in pitting one against the other. Need to continue to develop the park. Have worked hard to get where it is today, similar to what the Board of Directors did at the beginning. Need to find answers. Not positive to have residences on the north side. Industrial tax base should be separate from the residential. Great to hear today of upcoming opportunities for continued growth and expansion. Need to redirect energy. Understands challenges faced by council. Need to allow business to sustain, grow and operate in Cornwallis Park.

Additional Speakers

Brian Darrell, Chair ABCC – supports the report of the Cornwallis Park Area Advisory Committee. Were consulted and involved and approve. Exciting future for this area. Industrial park due to planning and foresight of predecessors. Net zero policy has benefitted the ABCC. The Board fully supports the report.

Councillor Comments

Councillor Chipman – is there anything to limit Mr. Wilson’s expansion or development i.e. at Bear River Plastic Welding Inc.? AD Reply - Existing RB zone would have to go to Planning to determine. Under new MPS can have non-conforming use, business able to continue to function and won’t lose anything for its primary use. Can enter into Development Agreement to allow expansion to occur. Statutory laws dictate what council and staff can do. Three options: 1.approve what you have. 2. Send it back to the AAC. 3. Amend Mr. Wilson’s property to restricted zoning. Mr. Wilson - Value of the buildings would be diminished in the eyes of the banks. Needs the bank support to expand. CAO Reply - believes we (County) could help with the bank’s interpretation.

Councillor Connell – ASL did not create the zone. Feels public was presented with that. Insults toward Mr. Dunphy were uncalled for. Would like to include the business on the south side back to RB (as it was, left alone). Council willing to help with bank issues. Consider the change again at next review. Feels Mr. Wilson may have been misled regarding development agreements because they work for communities.

Councillor McDonald – appalled that insults have been uttered. Mr. Dunphy is a professional and a straight shooter. He will always give the correct answer. Mr. Wilson can continue his business, there are options and they are available to him.

Councillor Habinski – reluctant to send back to community – would be disrespectful to those who already put a lot of work into the recommendation. Regarding Mr. Wilsons issue – if no benefit is perceived in retaining current zoning, why would we do so? Thanked Ms. Mitchell for her presentation, showing foresight, good stewardship, and accountability. Need to treat communities and individuals fairly.  Presented with exceptional circumstances, but are they exceptional enough?

Councillor Heming – would approve recommendation as submitted. Understands it is not black and white and that the AAC understood that. Feels it is a win-win for Mr. Wilson, ASL and residents of Cornwallis Park, and represents a victory of how the process works and involves the community.

Closing comments – Warden Ritchie thanked all for coming.


It was moved by Councillor McDonald, seconded by Councillor Roberts, to adjourn the Public Hearing at 12:50 p.m. and to return to the regular session of Municipal Council.

______________________________                          _________________________

Warden                                                                         Municipal Clerk

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