Staff Report. Port Hood Area Advisory Committee Inverness Planning Advisory Committee Inverness County Council. To: Planning Staff (EDPC) From:

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1 Staff Report To: From: Port Hood Area Advisory Committee Inverness Planning Advisory Committee Inverness County Council Planning Staff (EDPC) Date: August 1, 2014 Reference: Proposed rezoning of properties in the Port Hood Plan Area from the Residential Rural (R-2) Zone to the Residential Urban (R-1) Zone to reflect the current existence of Municipal water and sewer services. Recommendation THAT Council approve amendments to the Port Hood Planning Area Land Use By-Law to re-zone the areas shown in the attached mapping, from the Residential Rural (R-2) zone to the Residential (R-1) zone. This re-zoning will reflect the existence of municipal water and sewer services, allowing the properties affected by the re-zoning to be built to the Residential Urban (R-1) zone lot requirements instead of the rural standard. Information Since the adoption of the Port Hood Planning Area Municipal Planning Strategy and Land Use By-Law, significant extensions of the municipal water and sewer services has occurred in the Port Hood Plan Area. Given that the Residential Urban (R-1) and Residential Rural (R-2) zones are used in the Plan Area to reflect whether or not properties are municipally serviced, this rezoning simply updates the Zoning Map of the Land Use By-Law to reflect the current situation and is considered by staff to be a housekeeping matter. The Residential Rural (R-2) zone is intended for area of the Plan Area that are not serviced by municipal water and sewer. Since rural lots are typically serviced by on-site wells and septic systems, the R-2 zone regulations require larger lot sizes than those required by urban zoning in serviced areas. In addition, the Residential Rural (R-2) zone also permits some rural land uses such as agricultural and forestry uses. The Residential Urban (R-1) zone is intended for areas of the Plan area that are serviced by municipal water and sewer. The R-1 zone reflects the availability of servicing by allowing smaller lots than what is permitted in the R-2 zone. The R-1 zoning also permits more intensive residential uses such as boarding homes, nursing homes, senior citizen homes, and multiple unit dwellings to a maximum of four units. Analysis The implications of the rezoning for property owners are anticipated to be minimal. The properties to be rezoned to the Residential Urban (R-1) Zone will now be:

2 Staff Report As mentioned previously, these uses include boarding homes, nursing homes, senior citizen homes, and multiple unit dwellings to a maximum of four units. New rural uses, such as agricultural and forestry operations, will no longer be allowed on the lots to be re-zoned. Existing uses not permitted in the proposed Residential Urban (R-1) zone will continue to be permitted as legal non-conforming uses according to the provisions of the Municipal Government Act. The implications of the rezoning for the Municipality and existing community infrastructure are also expected to be minimal. The uses that would become permitted in the Residential Urban (R-1) zone are not considered obnoxious and should not conflict with neighbouring uses. They are also not expected to further burden existing school, recreation, or other community facilities. The R-1 zone is also not expected to significantly strain existing road networks or pose environmental concerns beyond those associated with the existing R-2 zoning. Further, the re-zoning is not expected to cause any undue financial hardship to the Municipality based on the fact that municipal servicing already exists. There is significant policy support in the Port Hood Planning Area Municipal Planning Strategy for the proposed rezoning. The preamble to the residential section reads as follows: In order to establish designations and policies for this residential sector, Council is of the opinion that an Urban Residential designation be established for the serviced area of the community and a Rural Residential designation for the non-serviced area (emphasis added). Further to this, Policy R-2 states, the Residential Urban (R-1) zone is the zone that implements the Urban Residential designation. The proposed rezoning will carry out these intentions. Additional support is found in Policy R-5-A that states: In the event that land within the Rural Residential designation is connected to municipal services, Council may consider a rezoning from the Residential Rural (R-2) zone to the Residential Urban (R-1) zone. Council may also consider such re-zonings, where suitable when servicing has been approved but not yet completed. From these portions of the Municipal Planning Strategy it is evident that the document supports rezoning areas that are now serviced by Municipal water and sewer to the Residential (R-1) Zone. Conclusions The opinion of Planning Staff is that the proposal conforms to the intent of the Port Hood Planning Area Municipal Planning Strategy and will simply update the zoning Map to reflect the current existence of the municipal servicing. The re-zoning will reflect the extension of the municipal water and sewer services to, allowing the properties affected by the re-zoning to be built to the Residential Urban (R-1) zone lot requirements instead of the rural standard. Staff therefore recommends that Council approve amendments to the Port Hood Planning Area Land Use By-law to re-zone the area as shown on the attached mapping, from the Residential Rural (R-2) zone the Residential Urban (R-1) Zone.

3 Appendix A Port Hood Land Use By-law Excerpt PART 8 - RESIDENTIAL URBAN (R-l) ZONE 1. No development permit shall be issued in a Residential Urban (R-1) zone except for one or more of the following uses: a) Single detached dwellings b) Semi-detached and duplex dwellings c) Single detached dwellings with one (1) apartment unit d) Multiple unit dwellings (new and converted) to a maximum of four (4) dwelling units e) Boarding homes f) Day care centres g) Senior citizen homes h) Nursing homes providing special care i) Churches and cemeteries j) Schools and other institutional uses k) Parks and community centres - exempt from lot standards in this By-law l) Recreational facilities including beaches- exempt from lot standards of this By-law m) Existing mobile homes as listed in Appendix 'A' of this By-law General Lot Requirements 2. In any Residential Urban (R-1) zone, no development permit shall be issued except in conformity with the following: a) With Municipal Water and Sewer Service Minimum lot area Minimum lot frontage Minimum front yard Minimum side yard Minimum rear yard Maximum height of main building Single- Detached Dwelling Duplex Dwelling, Single-Detached Dwelling with an Apartment Unit Semi- Detached Dwelling 5,000 ft 2 7,000 ft 2 4,000 ft 2 per dwelling unit 10 ft 35 ft Multiple-Unit Dwelling (up to 4 dwelling units) 4,000 ft 2 per dwelling unit Other Permitted Uses 7,000 ft 2

4 b) Without Municipal Water and Sewer Service Minimum lot area ft 2 Minimum lot frontage Minimum front yard Minimum side yard Minimum rear yard Maximum height of main building Special Requirement - Conversion of Dwelling 35 ft 3. A single detached dwelling may be converted to two or more dwellings provided: a) no exterior alteration is made to the dwelling that would increase the overall size of the structure except additions necessary to comply with the Municipal Building By-law; b) the existing roof lines are maintained on the dwelling.

5 Appendix A Port Hood Land Use By-law Excerpt PART 9 - RESIDENTIAL RURAL (R-2) ZONE 1. No development permit shall be issued in a Residential Rural (R-2) zone except for one or more of the following uses: a) Single detached dwellings b) Semi-detached and duplex dwellings c) Single detached dwellings with one (1) apartment unit d) Mobile homes e) Day care centres f) Churches and cemeteries g) Schools and other similar institutional uses h) Post offices i) Community centres j) Recreational facilities including beaches - exempt from lot standards of this By-law k) Farms and agricultural uses l) Forestry uses General Lot Requirements 2. In any Residential Rural (R-2) zone, no development permit shall be issued except in conformity with the following requirements: a) For all uses except farm and agricultural uses: Minimum lot area ft 2 Minimum lot frontage Minimum front yard Minimum side yard Minimum rear yard Maximum height of main building 35 ft b) where any farm or agricultural use is permitted in the R-2 zone the following requirements shall apply: Minimum lot area ft 2 Minimum lot frontage Minimum front or flanking yard Minimum rear or side yard 150 ft 30 ft

6 TREUBURG RD REYNOLDS ST R C R C-1 FRASER ST MAIN ST C Properties with servicing not zoned R-1 Zoning R-1 Residential Urban R-2 Residential Rural C-1 Commercial C-2 Commercial Highway C-3 Harbourfront Development C-4 General Commercial O-1 Open Space M-1 Marine Industrial !I( Port Hood Meters