2014-07-15_PH UC MPS LUB Amendment


Minutes of a Public Hearing conducted by the Municipal Council for the Municipality of the County of Annapolis on July 15, 2014, at the Municipal Administration Building, Annapolis Royal, N.S. at 11:00 a.m.

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


Present:          CAO John Ferguson, Municipal Clerk Carolyn Young, other staff and several 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: ACPS File No. 2014-15-001: An Application From Bear River Plastic Welding Inc. to Amend the Cornwallis Park MPS & LUB

Presentation by Planner

A staff report was circulated and he explained that this is an application from Bear River Plastic Welding Inc. to amend the Cornwallis Park MPS & LUB to reinstate the former 1999 Cornwallis Park Restricted Business policies and zone provisions applicable to its properties, PID No. 05217757 and 05210745, Civic No 231 and 241 Spinnaker Dr.

Unfortunately, a verbatim replacement of the former Restricted Business policies and zoning provisions was not an available option. Rather CPAAC and PAC undertook the process to reinstate the “intent of the former 1999 Restricted Business policies and zone provisions”. The revised Restricted Business (RB) Zone now permits a variety of housing and commercial and industrial uses which are not obnoxious in nature or otherwise not compatible with the adjacent residential uses. To accomplish this: the new RB Zone permits all CPR-1 and CPR-2 Zone uses and BD, C-1 and IND-1 Zone uses not obnoxious in nature. Germaine to the discussion is that the LUB definition of “obnoxious use” also comes into play requiring the Development Officer to exercise a greater degree of scrutiny when reviewing any application for a development permit in the RB Zone.

Planning Process to Date

  • May 13, 2014 – Committee of the Whole Meeting

Action – recommendation to Council to accept application to amend the Cornwallis Park MPS & LUB and to hold a PAC public meeting on June 10, 2014

  • May 20, 2014 – Municipal Council Session

Action - motion passed to consider the application to amend the Cornwallis Park MPS & LUB so as to reinstate the former Restricted Business policies and provisions applicable to the Bear River Plastic Welding Inc. properties in Cornwallis Park and set PAC Public Meeting Date.

  • May 23, 2014 – CPAAC Meeting

Action - motion passed recommending Cornwallis Park MPS & LUB be amended as per application without adding the Industrial Park (IND-1) Zone uses not obnoxious in nature.

  • June 4, 2014 – PAC Meeting ad appeared in Annapolis Spectator
  • June 10, 2014 – Planning Advisory Committee (PAC) Meeting

Action - Public Meeting held and CPAAC recommendation received. Motion passed that recommended the Cornwallis Park MPS & LUB should be amended in accordance with the CPAAC recommendation with the “Industrial Park (IND-1) Zone uses not obnoxious in nature” proviso added.

  • June 17, 2014 – Municipal Council Meeting

Action - motion passed giving 1st Reading and to hold Public Hearing on July 15, 2014.

  • June 26 and July 3, 2014 - Public Hearing ads appeared in Annapolis County Spectator.
  • July 15, 2014 – Public Hearing. Staff prepared a Public Hearing agenda and planning process update report.

When council changes a municipal planning strategy or land use bylaw it does require ministerial approval. After the province has reviewed the document(s) and gives the go-ahead, a notice of approval is placed in the papers. It is when this notice of approval appears that the changes come into effect.

Call for Reading of Written Submissions – The Municipal Clerk reported that no written submissions had been received.

Call for Public Oral Presentations

Nora Peach, Clementsport – residential area close to Cornwallis Park. Feels that the current version is better. Doesn’t feel mixed use is a good idea.

Councillor Comments

No comments received.

Closing Comments– Warden Ritchie thanked all for coming.


It was moved by Councillor Connell seconded by Councillor Heming, to adjourn the Public Hearing at 11:00 a.m. and to return to the regular session of Municipal Council. Motion carried unanimously.

______________________________                          _________________________

Warden                                                                         Municipal Clerk


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