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Chebucto Community Council March 3, 1997 Agenda


  • Councillor Stone, Chairman
  • Councillor Adams
  • Councillor Walker
  • Councillor Hanson


  • Karen Fitzner, Municipal Solicitor
  • Gary Porter, Planner
  • Shelley Dickey, Planner
  • Sandra Shute, Assistant Municipal Clerk


1. Invocation

2. Approval of Minutes - February 3, 1997

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

and Deletions

4. Business Arising Out of the Minutes

4.1 Status Sheet Items 4.1.1 Snow Removal 4.1.2 Meeting re Police Relocation 4.1.3 Traffic, Streetlighting, Sidewalks - Lacewood Drive/ Business Park 4.1.4 Feasibility - Delayed Advance Light - Chain Lake Drive at Kent 4.1.5 Break Ins - District 15 4.2 Items on Regional Council Status Sheet

5. Motions of Reconsideration

6. Motions of Rescission

7. Consideration of Deferred Business

8. Public Hearings

8.1 Case 7466 - Amendment to C-2A Zone to Permit Motor Vehicle Sales in the Bedford Highway Area 8.2 Case 7434 - Development Agreement - 1-37 Anchor Drive (Lot RP-6) and 276-284 Spinnaker Drive (Lot RP-7)

9. Reports

9.1 Case 7404 - Child Care Centres in Residential Areas by Development Agreement - Halifax Planning Area

10. Correspondence, Petitions and Delegations

10.1 Regional Integrated Trail System

11. Motions

12. Added Items

12.1 Mayor Avenue - Dangerous and Unsightly Premise

13. Notices of Motion

14. Public Participation

15. Next Meeting

16. Adjournment


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 - February 3, 1997

MOVED by Councillors Adams and Walker to approve the Minutes of meeting held on February 3, 1997 as circulated. MOTION PUT AND PASSED.


Added Items: Information Report dated February 18, 1997 from the Chief of

Police re Subdivisions A & F, Fall in at New Bedford Fire Station

Signals - Chain Lake Drive

Councillor Adams: 11 Mayor Avenue

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


4.1 Status Sheet Items

4.1.1 Snow Removal

MOVED by Councillors Walker and Hanson to accept the Memorandum dated February 12, 1997 from the Manager of Street and Road Services re Snow and Ice Services. MOTION PUT AND PASSED.

Councillor Walker added, however, that he hoped service would improve next winter.

4.1.2 Meeting re Police Relocation

MOVED by Councillors Walker and Adams to accept the Information Report dated February 18, 1997. MOTION PUT AND PASSED.

Councillor Walker advised that the relocation would be monitored for six months to see if it is viable. Councillor Stone added that if, for some reason, the Bedford Fire Station did not house the fall in, it would come back for renegotiations.

4.1.3 Traffic, Streetlighting, Sidewalks - Lacewood Drive/Business Park

Deferred for one month.

4.1.4 Feasibility - Delayed Advance Light - Chain Lake Drive at Kent

MOVED by Councillors Walker and Hanson to accept the report dated February 25, 1997 from Transportation Services in this regard. MOTION PUT AND PASSED.

4.1.5 Break Ins - District 15

MOVED by Councillors Walker and Adams to accept the report dated January 31, 1997 from Police Services in this regard. MOTION PUT AND PASSED.

4.2 Items on Regional Council Status Sheet

Councillor Adams, having brought up a number of items at the last meeting, outlined what had transpired over the last month with regard to the items of concern.

MOVED by Councillors Adams and Hanson to table the report prepared by the Clerk dated February 20, 1997. MOTION PUT AND PASSED.





8.1 Case 7466 - Amendment to C-2A Zone to Permit Motor Vehicle Sales in the Bedford Highway Area

A Staff Report dated February 7, 1997 was before Community Council.

Gary Porter, Planner provided an overview of the Staff Report to permit a car lot at 256-258 Bedford Highway. The proposal was to change the C-2A zone to allow motor vehicle sales which would not include auto repair and servicing and would be limited to 10,000 sq. ft. of the lot for the display of motor vehicles. This amendment would only apply to the C-2A zone within the area covered by the Bedford Highway Secondary Planning Strategy. Staff was recommending approval.

There were no questions from members of Community Council.

Speaker in Favour - None

Speaker in Opposition

Mr. Danny Chedrawe, 153 Spinnaker Drive stated that because car lots usually carried high voltage lighting and if they were close to residential areas, was there any provision to ensure the lights did not shine on the abutting properties. In reply, Mr. Porter advised that there was no provision in the C-2A zone regarding lighting. It would be possible for someone with a car lot to put up large lights which could possibly shine on someone else's property. He pointed out, however, that this was possible with any use permitted in the C-2A zone.

Decision by Council

Councillor Stone, as Councillor for the area, advised he had brought this matter forward because there was a request. This type of business was appropriate for the area and he hoped that it would help develop the area along the Bedford Highway.

MOVED by Councillors Hanson and Walker that the C-2A (Minor Commercial) zone within the Bedford Highway Plan area be amended to permit "motor vehicle sales" as set out in Appendix "A" of the Staff Report dated February 7, 1997. MOTION PUT AND PASSED.

8.2 Case 7434 - Development Agreement - 1-37 Anchor Drive (Lot RP-6 and 276- 284 Spinnaker Drive (Lot RP-7)

A Staff Report dated February 6, 1997 was before Community Council.

Gary Porter, Planner provided, with the aid of overheads, an overview of the Staff Report.

This application was allowed to occur through a Development Agreement through the addition of Policies 1.5.4 and 1.5.5 to the Municipal Development Plan. Policy 1.5.5 contains criteria to consider the application. There was a building permit application in at the present time but it could not be issued until such time as the Development Agreement has been approved and the appeal period has expired. In staff's view, the application complies with the new policy that applies to the site and were recommending approval.

There were no questions from members of Community Council.

Speakers in Favour

Mr. Andrew Ritcey, 12 Spinnaker Drive, Chairperson, Regatta Point Landowners Association endorsed the Development Agreement. The current owner has worked well with the Association and looked forward to working with the developer to ensure that all aspects of the Development Agreement are adhered to.

Personally, Mr. Ritcey expressed concern re greenbelt maintenance and suggested examining the feasibility of the Association taking over jurisdiction of the area. There was concern that a future purchaser might approach Council to subdivide and he wanted to make sure that there was no opportunity to do this. As well, he felt that 13 exterior parking spaces were excessive for the size of the building.

There were no questions from Community Council members.

Ms. Barbara Pike, 252 Spinnaker Drive advised that the Condominium Corporation of which she was a member abutted RP-7. There were 20 townhouses and 12 of them ran along the property line. The Condominium Corporation supported the Regatta Landowners Association. Two units - 272 and 274 - were concerned about the proximity of the townhouses; however, Mr. Chedrawe has agreed to try to move the townhouses as close to Anchor Drive as possible. The biggest concern was ensuring that the greenbelt is protected.

There were no questions from Community Council members.

Mr. Alan Ruffman, Fergusons Cove Road recommended that the portion of greenbelt between Anchor Drive and RP-7 be included in the greenbelt. He understood the portion did not have trees but it could be included nevertheless. In terms of the original R-2 zoning the property had and the Development Agreements that were negotiated, this would be the densest development in the former City of Halifax once completed; therefore, it was essential to retain green space. He suggested giving the greenbelt to the Municipality to be managed.

There were no questions from Community Council members.

Mr. Danny Chedrawe, President, Regatta Point Properties Ltd. advised that the greenbelt would go right to the street line. He was working hard to save the trees and will be placing a covenant in the Deed that would keep it greenbelt forever. He was hoping to start construction in April and there were contracts in place at this time. He gave his assurance that what he was proposing would be done and he would work with the residents to ensure that things worked properly.

Councillor Walker asked for clarification as to whether or not construction has begun. In reply, Mr. Chedrawe confirmed that there was no actual physical work being done but the contractors are in place.

Mr. William Phillips, 9 Crestview Drive acknowledged that Mr. Chedrawe's developments are excellent projects; however, he would have liked to have seen a computer generated view of the project to see the relationship of the building to the street. He agreed with the density referred to by Mr. Ruffman. He pointed out there were three driveways coming from the building on to Anchor Drive. He did not like the parking lot in view of Purcells Cove Road and suggested the back end of the building for it. He was disappointed that the building was so close to the sidewalk and the roadway.

There were no questions from Community Council members.

Speakers in Opposition

Ms. Virginia Veinot, 12 Spinnaker Drive stated she was disappointed there would probably be a change from the original Municipal Development Plan and would have preferred to see the project conclude as originally planned. Given that was not likely to happen, she had concerns with: 1) parking is adequately addressed - underground and not highly visible if outside; 2) protection of the greenbelt, access to it and protection of the trees; 3) design review criteria established for the area are met.

There were no questions from Community Council members.

To answer the concerns and questions raised, Mr. Porter advised that with respect to the possibility of subdivision, the land would be developed by Development Agreement and nothing else would be allowed. Someone could come back and ask for the Agreement to be changed; however, the policy in the Plan for RP-7 says there should be a maximum of four townhouses. There was a possibility of amending the Plan but it was pretty well assured that there were too many things in place to prevent subdivision. With regard to the exterior parking lot, there was a requirement for 48 parking spaces and there were not 48 under the building. The site will be extensively landscaped and a brick wall will screen from the roadway plus there was a stone wall planned similar to along Anchor Drive. With respect to the greenbelt, if it was felt that it should be retained in its entirety, three townhouses could be approved instead of four. Most of the trees have been removed along that particular area; however, some other trees would be lost as a compromise over the first scheme. With regard to deeding the greenbelt to the Municipality, staff did not look at that possibility and the required amount of open space has been received. He did not know if staff would recommend acceptance of the green space because it would mean that it would have to be maintained, which involved cost. With regard to density, Regatta Point was in the high 20 persons per acre which, in his opinion, was not the most dense in the entire former City of Halifax. Density had not been a issue during the Plan amendment.

Rebuttal by Applicant

Mr. Chedrawe stated that most of the land from RP-7 would be moved into RP-6 because RP-7 would be four different townhouses. RP-6 would be one owner and the apartment owner would have the money to maintain the green area. If the green area went to the Municipality, they would not have the money to maintain it. A responsible private citizen would maintain it better than the Municipality. There would be access to the greenbelt by a heritage walkway open to the public. It would be passive green space.

Councillor Walker referred to Lot RP-7 and asked for clarification re townhouses. In reply, Mr. Porter advised that there was a Development Agreement approved in 1985 for all of Regatta Point; however, 30 townhouses would occupy most of the site.

Councillor Walker asked when the trees were removed along Anchor Drive. In response, Mr. Porter stated they had been removed to build the road.

Councillor Walker stated he would like to see the greenbelt turned over to the Municipality as an apartment owner could neglect it very easily. Mr. Porter, in reply, stated this was not discussed with the developer. Some of it may be required to get the proper density numbers on Lot RP-6.

Councillor Hanson stated that although it was not a perfect development, there had been an exhaustive process for the public to have the opportunity to reflect on whether or not it was an appropriate development. There would always have to be give and take as in this case. The protection of trees was always a great concern. He pointed out that the immediate neighbour was the church and it appeared there was no one in attendance from the church. He had not had any contact with anyone, either for or against, this project.

MOVED by Councillors Hanson and Adams, as per the Staff Report dated February 6, 1997 to:

1. Approve a Development Agreement to permit a 48 unit apartment building onLot RP-6 Regatta Point as shown on Plans P200/21050-56 and P200-21108 of Case 7434.

2. Approve a Development Agreement to permit four townhouses on Lot RP-7Regatta Point as shown on Plans P200/21057 of Case 7434.

3. Require that the Development Agreement shall be signed within 120 days, or any extension thereof granted by Council on request of the applicant, from the date of final approval by Chebucto Community Council and any other bodies as necessary, whichever is later; otherwise this approval will be void and obligations arising hereunder shall be at an end.

4. Approve an amendment to the greenbelt as shown on Plans P200/15321 and15330 of Case 5036 by removing the greenbelt designation on the north sideof Lot RP-7 for a distance of approximately 120 ft. or to the rear line of thelot(s) containing townhouses fronting on Spinnaker Drive whichever is less and designating the remainder of Lot RP-7 not used as townhouse lots as greenbelt. Said area to be approximately 34,000 sq. ft.

Councillor Stone asked if staff could look at the driveways, insofar as a resident thought that three were too many. In reply, Mr. Porter advised that Ordinance 180 limits to two driveways unless there is more than 500' of frontage. The lot in question would have more than 500'. There was no separation requirement for driveways on the same lot. One of the driveways would serve the parking garage. The architect had relocated one of the driveways to save a few more trees.

The Chair asked if there was any correspondence received for or against the application. The Clerk outlined three pieces of correspondence in support: 1) Letter dated March 3, 1997 from Peter R. Billard, President, Captain's Cove Condominiums; 2) Letter dated February 27, 1997 from Andrew Ritcey, Chairperson, Regatta Point Landowners Association; 3) Letter dated March 3, 1997 from John and Marjorie Cooper.


At this point, Community Council agreed to recess.

The meeting reconvened, with a decision to consider Item 10.1 as the next item on the Agenda.


9.1 Case 7404 - Child Care Centres in Residential Areas by Development Agreement - Halifax Planning Area

A Staff Report dated February 4, 1997 on this matter was before Community Council.

MOVED by Councillors Walker and Adams to hold a Public Meeting at 7:30 p.m., as part of the regular Community Council meeting to be held on May 5, 1997. MOTION PUT AND PASSED.


10.1 Regional Integrated Trail System

The Chair welcomed Mr. Jim Tudor, Trans Canada Trails Executive and Director of Cole Harbour/Eastern Passage Development Association and Mr. Jack Carruthers, Chairman of the Trans Canada Trail for Nova Scotia.

Mr. Carruthers provided an overview of the Trans Canada Trail, which would be a multi-use trail.

Mr. Tudor provided information on local issues and added that the provincial government recently acquired the CN lines and were negotiating for CP lines. The target date was July 1, 2000. There was an effort underway to connect the whole Municipality to the rest of the province and thus to the Trans Canada Trail. They were working in partnership with Department of Natural Resources. With regard to the GO Plan, he requested that Councillors consider encouraging staff to change their position with regard to bicycling and to encourage the Municipality to set the standard as the cycling capital of Canada.

Councillor Stone asked if the abandoned rail lines were given free. In reply, Mr. Tudor advised that the provincial government owns them and the development of trails would take place through a management agreement between the Municipality and Department of Natural Resources.

Public Participation on Trails

Mr. Alan Ruffman asked how people interacted with the task force or consultant. In reply, Mr. Tudor advised they could work through the Local Development Association or Regional Development Association located in Sackville.

A lady advised that she was with a number of people who had come to the meeting specifically to hear the Trails presentation, were very interested and wanted to keep in touch. Mr. Tudor agreed to meet with them following the meeting.

The Chair thanked Mr. Carruthers and Mr. Tudor for their presentation.

11. MOTIONS - None


12.1 Mayor Avenue - Dangerous and Unsightly Premise

Councillor Adams read a motion he was proposing that Community Council support with regard to the above matter.

Councillor Hanson asked if there was information available to Community Council members, such as a Staff Report. In reply, Councillor Adams said he did not have the information but this matter was before the Dangerous and Unsightly Committee last month and had been deferred because the owner of the property asked for a delay. It would be before the Dangerous and Unsightly Committee again this Wednesday evening.

The Chair stated that because there was no information, he would find it difficult to support the motion as outlined by Councillor Adams. He suggested that Community Council could recommend to Dangerous and Unsightly Committee that it deal with this matter in an expeditious manner.

MOVED by Councillors Adams and Walker to respectfully request that as staff has recommended that the property at 11 Mayor Avenue be demolished, Dangerous and Unsightly Committee should deal with this matter in an expeditious manner. MOTION PUT AND PASSED.



Mr. Alan Ruffman referred to tax rates and the present debate as to whether there should be a suburban tax rate along with a rural and urban one. He stated that nothing has changed where he lived in Fergusons Cove and to call his area overnight "urban" and have to pay an urban rate was not acceptable. Staff had essentially included in the urban core those areas with services - water and/or sewer. The area where he lived did not have these services. He could not find an acceptable reason for the boundary, especially in terms of plowing. He requested that special consideration should be given to the areas that would not have, in the near future, access to water and sewer.

It was agreed to take Mr. Ruffman's comments under advisement.

Mr. Rene Gallant, Williamswood referred to White's Transit, the subsidy for which was due to run out April 1, 1997. He asked what would happen with that subsidy after that time and, if it was not going to be terminated, what was the procedure to be used to determine whether or not it should continue and what it should be. In reply, the Chair advised that the subsidy ends April 1 and it would be up to Regional Council to decide where to go from there. The approval by Regional Council had allowed the opportunity to find out if there was another avenue to continue.

Mr. Danny Chedrawe referred to the Public Hearing regarding Regatta Point held earlier in the meeting and Lot RP-1 which was bounded by Purcells Cove Road, Anchor Drive and Spinnaker Drive. Between that lot and Purcells Cove Road there was a municipal lot with a bus stop. He wanted to know if he could have permission to landscape the lot and erect a bus shelter and asked what was the process he would have to go through. He added that he had not brought this matter up during the Public Hearing as he wanted his application approved on its merits. In reply, it was suggested that he put his proposal in writing, either to Community Council or his Councillor. There would have to be a Staff Report prepared.

Mr. Alan Ruffman referred to the proposed Macdonald Bridge expansion and the request that Regional Council contribute funding for approach ramps. Two of the Community Councils held public meetings on this matter. As three of the Community Councils have not heard the arguments, he asked if other Community Councils had been provided with the input from the public meetings. He stated that, in his opinion, Regional Council should be able to make a well-informed decision. He was of the opinion that the Bridge Commission's ideas may not be well founded in good traffic management. He suggested there might be a need for a public meeting held by Regional Council.

Councillor Stone, in reply, advised that Regional Council had requested that the two public meetings be held by Harbour East Community Council and Peninsula Community Council. People could go to either meeting. He agreed it would be useful that the Minutes dealing with just the bridge be put in a package and provided to the other Councillors.

Mr. William Phillips asked who was leading the bridge expansion. In reply, Councillor Stone said that once you expand the bridge, you have to provide for the traffic travelling across it. Mr. Phillips stated, therefore, that Regional Council could state that the present bridge was adequate. He asked why people thought there would be additional traffic on the bridge and why was Regional Council being led by a decision made by the Bridge Commission.

Mr. Ruffman, with regard to the bridge, added that the new lanes would be two feet narrower than the present lanes. He expressed concern that because the pedestrian lane and bicycle lane would be screened to prevent suicides, if someone was attacked what would happen as there was no place to go.

Mr. Phillips suggested that the service lines/cables could be slung underneath the bridge and even pedestrian/bicycle lanes. In reply, the Chair stated the best way for residents to ensure that Regional Council knows of their concerns is to put them in writing and send them to the Mayor and Council, the Bridge Commission or both.

Mr. Phillips went on to advise he was still not satisfied with the street lighting replacement program towards the Rotary and the south side of Quinpool Road and outlined his concerns. It was agreed to investigate.


Monday, April 7, 1997 at 7:00 p.m.


Prior to adjournment, Councillor Adams recognized MLA Robert Chisholm, Halifax Atlantic who represents the citizens of Districts 17 and 18 and thanked him for attending.

Meeting adjourned at 9:10 p.m.

Sandra M. Shute
Assistant Municipal Clerk