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Chebucto Community Council February 3, 1997 Agenda

THOSE PRESENT:

Councillor Stone, Chair
Councillor Walker
Councillor Adams
Councillor Hanson

ALSO PRESENT:

Barry Allen, Municipal Solicitor
Gary Porter, Planner
Linda Malloy, Development Officer
Kenny Silver, Manager of Traffic & Planning
Alan Taylor, Transportation Planner
Sandra Shute, Assistant Municipal Clerk


TABLE OF CONTENTS

1. Invocation

2. Approval of Minutes

3. Approval of the Order of Business and Approval of Additions and Deletions

4. Business Arising Out of the Minutes

5. Motions of Reconsideration

6. Motions of Rescission

7. Consideration of Deferred Business

7.1 Case 7345 - Proposed Amendments to the Municipal Development Plan and the Land Use By-law for Halifax respecting service station and motor vehicle repair shops

8. Public Hearings

8.1 File MV-09-05-96 - Refusal of Development Officer to grant a Minor Variance - Civic No. 38 South Point Road, Portuguese Cove

9. Correspondence, Petitions and Delegations

9.1 Petition to Rezone Parkland on Lee Murphy Drive, Williamswood 9.2 Presentation - GO Plan

10. Reports

10.1 256-258 Bedford Highway - Possible Car Dealership

11. Motions

12. Added Items

12.1 Status Sheets 12.2 Snow Removal 12.3 Policing - Subdivision A 12.4 Educational Funding - Rockingham School 12.5 Status Items - Regional Council

13. Notices of Motion

14. Public Participation

15. Next Meeting

16. Adjournment


1. INVOCATION

The Chair called the meeting to order at 7:00 p.m. with an Invocation. The meeting was held at 2750 Dutch Village Road.

2. APPROVAL OF MINUTES - January 6, 1997

MOVED by Councillors Walker and Adams to approve the Minutes of meeting held on January 6, 1997 as circulated. MOTION PUT AND PASSED.

3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

Added Items: Councillor Walker - Status Sheet

- Snow Removal

- Policing - Subdivision A

Councillor Stone - Educational Funding - Rockingham School

Councillor Adams - Request for updates:

1) Phillip Webb settlement

2) Water bill - John Spearns

3) Streetlight Policy

4) Mobile Signs Policy

- Petition - Parkland rezoning

MOVED by Councillors Adams and Hanson to approve the order of business as amended. MOTION PUT AND PASSED.

At this time, Councillor Adams recognized two members of the Board of Directors of Capt. William Spry Centre - Marjorie Willison and Katherine Chambers.

4. BUSINESS ARISING FROM THE MINUTES - None

5. MOTIONS OF RECONSIDERATION - None

6. MOTIONS OF RESCISSION - None

7. CONSIDERATION OF DEFERRED BUSINESS

7.1 Case 7345 - Proposed Amendments to the Municipal Development Plan and the Land Use By-law for Halifax respecting service station and motor vehicle repair shops.

Councillor Stone advised that there will be a Public Hearing on this matter on February 10, 1997 at 6:00 p.m. A copy of the Staff Report dated December 20, 1996 was available for information purposes.

8. PUBLIC HEARINGS

8.1 Minor Variance

File MV-09-05-96 - Refusal of Development Officer to Grant a Minor Variance - Civic No. 38 South Point Road, Portuguese Cove

Linda Malloy, Development Officer, with the aid of slides, provided an overview of the application and advised why it had been refused.

Councillor Stone asked for clarification regarding Department of Environment's refusal because of insufficient lot area and the appeal process. In reply, Ms. Malloy advised that the former County of Halifax provided for an appeal process through the Board of Health - until it was taken over by the provincial Department of Environment. The holding tank on the property probably has to be pumped out at regular intervals.

Speaker in Favour

Mr. Louis Benoit, the applicant, provided a model of the property which showed the proposed addition. He explained that if the minor variance was allowed, Department of Environment would assist in the design of a system; however, it might be necessary to hire a professional engineer. As far as the brook was concerned, it drained swampland and he considered it more a property line than a watercourse. There was no one else living on his side of the road; neighbours had received notices but there were no concerns. The land with the shed used to belong to the property but the federal government expropriated it in order to haul up boats onto the skids in bad weather.

Councillor Walker asked for information regarding the brook as it related to the new foundation. In reply, Mr. Benoit advised that the brook was about 3' high because it came from under the highway. The foundation would be 4' back allowing him to dig and put in a footing. He was proposing a retaining wall.

Councillor Stone asked if any flooding was expected in the area of the brook. In reply, Mr. Benoit advised that he expected the brook to be improved.

Councillor Stone asked what the addition would be for. In reply, Mr. Benoit advised it was for extra space to enlarge the existing bedrooms upstairs and have a play room on the main floor. A lot of the addition would be closet space. He did not apply for an extra bathroom, at least at this time.

Speaker in Opposition - None

Decision by Council

Councillor Adams, having stated he agreed with the Development Officer's decision with the criteria set forth, said that if Community Council refused the appeal, it would shut off other options such as Department of Environment.

MOVED by Councillors Adams and Hanson to approve the minor variance appeal.

Councillor Stone asked if the application would go to Department of Environment. In reply, Ms. Malloy stated that in this particular instance, she would contact Department of Environment to see if they have any concerns, because Mr. Benoit is not adding any bedrooms. If, however, Mr. Benoit is going to do anything that may jeopardize the present system and which might require approval, she would send the application on.

MOTION PUT AND PASSED.

9. CORRESPONDENCE, PETITIONS AND DELEGATIONS

9.1 Petition to Rezone Parkland on Lee Murphy Drive, Williamswood

Councillor Adams read into the record a Petition from residents in the area of Lee Murphy Drive, Williamswood proposing the rezoning of parkland to residential, subdivided and sold as lots, thus eliminating the area as a hangout for teenagers. He advised he supported the Petition.

MOVED by Councillors Adams and Hanson to receive the Petition. MOTION PUT AND PASSED.

9.2 Presentation - GO Plan

The Chair welcomed Kenny Silver, Manager of Traffic and Planning and Allan Taylor, Transportation Planner. Mr. Taylor provided information on the GO Plan as it relates to infrastructure initiatives for the urbanized portions of Halifax Regional Municipality in the future and advised that public meetings were scheduled to take place in the near future. He provided copies of GO Plan: Consultation Workbook, GO Plan: Summary of Technical Studies and a proposed road hierarchy map for the information of Community Council and the public. Also, Open Houses will be held during February at various locations.

Councillor Walker asked if a new ramp at the Bicentennial could be added to the realignment of Lacewood Drive. As there was already a design completed, it was agreed to include this in the public consultation process.

Councillor Walker referred to Barrington North widening which was not recommended, suggested there should be an alternative considered and described the problem. It was agreed to revisit this by considering an alternative.

Councillor Stone asked for consideration of the Fairview Flyover to bypass the Kempt Road/Windsor intersection and going directly through MacKintosh Street down to Barrington Street, with Barrington Street widening. Also, he suggested more direct/express transit routes to downtown.

Councillor Hanson referred to the widening of Herring Cove Road through Spryfield and stated this was a priority. With regard to the Flyover at the Rotary, he did not want the public to think this was imminent when further study was needed. He suggested the Park N Ride at Prospect Road and St. Margarets Bay Road should be enhanced as this was an opportunity for transit to pick up more passengers.

Councillor Adams asked if there was any consideration for a ring road around the peninsula of Halifax. In reply, Mr. Taylor said it was not seen as realistic at this time.

Public Participation on the GO Plan Presentation

Ms. Marjorie Willison referred to improvements in pedestrian travel and asked if this included the network of trails being proposed. In reply, Mr. Taylor said the trails were intended to link up with parks which was different from a transportation focus; however, he agreed there could be some discussion on this matter.

Ms. Katherine Chambers pointed out that there was emphasis on people using cars but nothing with regard to people using transit, particularly with regard to the Open House meetings being accessible for people having to use transit.

Mr. Mike Willett referred to collector roads, particularly in Mainland North and asked when they would be considered. In reply, Mr. Taylor advised that the GO Plan contains the hierarchy recommendations.

Mr. Hiram Tiller asked what would be the impact of the GO Plan on Bayview Avenue. In reply, Mr. Taylor stated that he did not see any major effect; however, the changes proposed for Titus/Alma would help.

Councillor Stone asked if consideration was being given to closing off Bayview Avenue. In reply, Mr. Taylor advised that there were ideas being considered at this time; however, there would be public discussion.

10. REPORTS

10.1 256-258 Bedford Highway - Possible Car Dealership

A Staff Report dated January 30, 1997 was before Community Council.

As this was in the Chairman's District, he asked that Community Council support him in his recommendation that a date be set for a Public Hearing to amend the Land Use By-law for the Halifax Mainland area as follows:

1. Add a definition for Motor Vehicles Sales to read: "Motor Vehicle Sales means any land used for the sale of motor vehicles and does not include repair or painting of motor vehicles or sale of motor vehicle parts.

2. Amend Section 38A(1) of the C-2A Zone to include (ld) Motor Vehicle Sales in the Bedford Highway area.

3. Add Section 38J to the C-2A zone which would read: Motor Vehicle Sales: No area of the lot greater than 10,000 sq. ft. shall be used for the parking and display of motor vehicles including manoeuvring areas.

MOVED by Councillors Adams and Walker that a Public Hearing be held on March 3, 1997 with regard to the above amendments. MOTION PUT AND PASSED.

It was agreed that Mr. Porter would prepare a further Staff Report with recommendations for the Public Hearing on March 3, 1997.

11. MOTIONS - None

12. ADDED ITEMS

12.1 Status Sheets

Councillor Walker expressed concern that items on the Status Sheets are not being acted upon. He suggested that these items should be included on the Agenda each month - under Business Arising Out of the Minutes - until such time as the items are complete. He pointed out that Community Council only meets once a month and he could not see a reason why an item, once raised, could not come back to the next meeting.

MOVED by Councillors Walker and Adams that Status Sheet items be added to Business Arising Out of the Minutes and appear on every Agenda until they are dealt with. MOTION PUT AND PASSED.

12.2 Snow Removal

Councillor Walker advised that he had received a number of complaints regarding snow removal after the last two storms. He requested that a Staff Report be provided with regard to whether or not the same equipment is available as last year and being used in the same general area. As well, he expressed concern that it appeared that Plateau Crescent, which had been on the priority list last year, did not appear to be on the list of priorities any more.

It was agreed to request a Staff Report in this regard.

12.3 Policing - Subdivision A

Councillor Walker stated it had come to his attention that there was a proposal to have Subdivision A muster out of Bedford's new Fire Station. By way of a map, he illustrated the area covered by Subdivision A and expressed concern regarding the length of time it could take to answer a call from Bedford. In his opinion, coverage should continue out of downtown Halifax. He suggested that Community Council should meet with the Police Department to express concern and the fact that there has been no consultation regarding the change.

MOVED by Councillors Walker and Adams to request a meeting with the Police Department to discuss Subdivisions A and F. MOTION PUT AND PASSED.

12.4 Educational Funding - Rockingham School

The Chair introduced Diana Whalen, Co-President, Rockingham Parent School Association who, during her presentation on Supplementary Funding for Education, requested support from Community Council for continued educational funding in Halifax/Dartmouth and to find ways to overcome any budgetary difficulties that could arise to threaten the continuance of full supplementary funding in Halifax. There should be an aim for parity of programs throughout the region which will require continued funding while the former County and Bedford residents must consider their commitment to the common goal of a healthy educational system for all.

Letters were also received from P. Rhodenizer, Halifax PTA Representative for Rockingham School and from Gary O'Hara, President, Halifax West High School PTA in support.

It was agreed that copies of the letters and Ms. Whalen's presentation would be sent to all members of Regional Council for information purposes.

12.5 Status Items - Regional Council

Councillor Adams listed four items which have been on the Status Sheet for Regional Council for a number of months and requested that they be brought to the attention of those who were contacted regarding them.

1. Philip Webb - Recyclables taken from him after an unsightly complaint was lodged.

Value to be returned.

2. Water Bill - Resident in Herring Cove who is not hooked into the water system and is unable to hook into the system because of rock formations, even though the former County policy was to charge for water in any event.

3. Streetlight Policy - one operation in the former County that pays an area rate for

streetlighting but is unable to get four streetlights at the end of the driveway.

4. Mobile Signs - policy in place according to where businesses are located as to the number of mobile signs permitted.

Councillor Hanson suggested that Carl Yates, General Manager, Halifax Water Commission should be contacted regarding the water bill situation.

It was agreed that the Clerk would follow up on these four items, in the hopes that there would be information available for the next meeting.

13. NOTICES OF MOTION - None

14. PUBLIC PARTICIPATION

Mr. Peter Kidd, Fairview advised that there would be a meeting at the Thomas Raddall Library on waste management issues on February 5 which was one of a series of meetings being held throughout the region.

15. NEXT MEETING - Monday, March 3, 1997

16. ADJOURNMENT

Meeting adjourned at 9:10 p.m.

Sandra M. Shute
Assistant Municipal Clerk