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Recommended amendments to Kentville’s Land Use Bylaw – Upcoming Public Hearing

Posted on June 8, 2016

Council is considering amendments to the R-3 Residential Multiple-Unit Zone to encourage mixed residential developments.  Read the full report from Director of Planning and Development, Beverly Gentleman here!

TO:                   Council

FROM:              Beverly Gentleman, Director of Planning and Development

                                                           DATE:              May 30, 2016   

SUBJECT:        Proposed Amendments to the Land Use Bylaw

ORIGIN

 

Brison Developments have been negotiating with the Town for the purchase of the old KCA property on School Street. As part of their due diligence Brison has been reviewing the market and demographic trends to determine the best use of the former school property. A mix residential use of townhouses and multi-unit dwellings is considered the highest and best use of the property; however, though the current Land Use Bylaw does permit a variety of residential uses in the Commercial C-1 Zone, it does so in a manner that is not very conducive to a well-planned mixed residential community.

These limitations within the multi-residential zone (R-3) zone have been identify during the Municipal Planning Strategy and Land Use Bylaw review, and revisions were drafted to allow more flexibility to encourage developments with mixed density and building form. To facilitate Brison’s development proposal it is recommended that Council consider amendments to the R-3 Residential Multiple-Unit Zone encourage mixed residential developments.

RECOMMENDATIONS

It is the recommendation of staff that Council give first reading to the Resolution to amend the Land Use Bylaw and hold a Public Hearing on Monday June 27, 2016 at 6:00 PM.

The Specific amendments proposed are set out in the following Resolution.

TOWN OF KENTVILLE

AMENDMENTS TO

the

Land Use Bylaw

“BE IT RESOLVED that the Land Use Bylaw for the Town of Kentville be amended as follows:

  • Part 1 Definitions, page 3, is hereby amended by adding the following words “1.28.1 Collective Development means a development project consisting of more than one dwelling on one or more lots.
  • Part 1 Definitions, 1.130 Yard, page 16 is amended by adding the words “iv) Flankage Yard means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the flankage lot line and the nearest main wall of any building or structure”
  • Part 9, Residential Multiple Unit Dwelling (R-3) Zone, page 68-70 is deleted and replaced with the following language:

 

Part 9                   Residential Multiple Unit Dwelling (R-3) Zone

9.1        (R-3)     Permitted Uses

  1. Residential development, up to a maximum of 25 units per acre
  2. Collective Residential Development, up to a maximum of 25 units per acre
  3. Townhouses to a maximum of (8 units per structure)
  4. Day Care Centres and Nursery Schools
  5. Residential Care Facilities, Home for Special Care or Group Homes

9.2        (R3) Zone Requirements

Table 9.1               R-3 Zone Requirements

Minimum Lot Area Single Unit/Two Unit Dwelling on the same lot 6 000 ft2
Two Unit Dwelling (separate lots) 3 000 ft2/unit
Townhouse 2 000 ft2/unit
Multi-Unit Dwelling (three to four units) 6 000 ft2
Multi-Unit Dwelling (five or more units) 7 000 ft2 + 1 000 ft2/unit
Minimum Lot Frontage Single Unit/Two Unit Dwelling 60 ft
Two Unit Dwelling (separate lots) 30 ft/unit
Townhouse 20 ft/unit
Multi-Unit Dwelling (three or more units) 60 ft
Minimum Front Yard 20 ft
Minimum Rear Yard Single Unit/Two Unit/Townhouse 15 ft
Multi-Unit Dwelling 15 ft
or ½ the height of the main building, whichever is greater
Minimum Flankage Yard Single Unit/Two Unit/Townhouse 10 ft
Multi-Unit Dwelling 20 ft
Minimum Side Yard Single Unit/Two Unit/Townhouse 8 ft*
Multi-Unit Dwelling 15 ft
or ½ the height of the main building, whichever is greater

*Where a dwelling unit includes an attached garage, or carport, the minimum side yard may be reduced to 4 ft, provided no habitable room or living space exists above the garage or carport.

9.3        On-Site Amenity Space

  1. All new multi-unit developments containing three or more dwelling units shall provide on-site amenity space in accordance with the following requirements:
Bachelor and One Bedroom 200 ft2 per unit 18.58 m2 per unit
Two bedroom 600 ft2 per unit 20.90 m2 per unit
Three or more bedrooms 1000 ft2 per unit 23.69 m2 per unit

 

  1. Amenity space may include decks, balconies, gardens, landscaped open space, gyms, pools and other indoor and outdoor recreational uses.
  2. Useable outdoor recreation amenity space shall be located in the side or rear yards and the recreation space must be usable space, meaning it shall be cleared, levelled, have no dimension less than thirty (30) feet, and grassed or otherwise landscaped to create an attractive outdoor recreation space for the amenity of the residents on the lot.
  3. Amenity space shall be waivered for all residential conversions.

9.4        Additional Requirements for Row Housing, Townhouse, and Link Units

  1. Row Housing, Townhouse, and Link Dwelling Units located on a lot serviced by municipal water and sewer may be subdivided into individual lots provided:
    1. each lot to be created contains no more than 1 dwelling unit;
    2. each dwelling unit has separate service connections;
  • all applicable provisions of the Land Use By-law and Subdivision By-law are satisfied;
  1. Individual Row House, Townhouse, and Link Dwelling Units contained in the same structure shall maintain a front yard setback that is equal to the front yard setback of the adjacent unit(s) or varies no more than 2 ft (0.61 m) from the front yard setback of the adjacent unit(s).

9.5        Landscaping Requirements

  1. Where a parking area abuts a lower density residential zone a landscaped buffer that is at least 8 ft (2.44 m) wide shall be shall be provided.
  2. Notwithstanding Section 9.5 (a) the landscaped strip may be reduced by 50% where;
    1. a 6 ft (1.83 m) opaque wooden fence is provided; or,
    2. an earth berm a minimum of 6 ft (1.83 m) above grade at its crest and trees a minimum of 5 ft (1.52 m) in height with an average maximum spacing not to exceed 6 ft. (1.83 m) is provided.

9.6        Refuse Storage

Outdoor refuse storage and bins shall be screened by a 6 ft (1.83 m) high opaque fence or otherwise be enclosed by a structure so as not to be visible from any street or adjacent property.

9.7        SPECAIL REQUIRMENT: SITE PLAN APPROAL.  See Part 24

 

 

Town of Kentville Public Hearing

 TAKE NOTICE that the Council of the Town of Kentville on Monday June 27, 2016, at 6:00 P.M. in the Council Chambers, 354 Main Street, Kentville Nova Scotia, will hold a PUBLIC HEARING on Councils intention to amend the Land Use Bylaw to:

  • add “Collective Development” to Part 1, Definitions;
  • add “Flankage Yard “ to Part 1 Definitions; and
  • delete Part 9, Residential Multiple Unit Dwelling (R-3) Zone and replace it with new provisions.

AND FURTHER TAKE NOTICE that any interested person(s) who wish to speak on this matter is invited to attend and present either an oral or written submission to Town Council at this public meeting.

A copy of the proposed amendments may be examined by any interested person(s) at the office of the Planning and Development Director located at Town Hall, 354 Main Street, Kentville Nova Scotia during regular business hours, between 8:30 a.m. and 4:30 P.M.

Carol Harmes

Town Clerk