THOSE PRESENT:
ALSO PRESENT:
1. Call to Order
2. Approval of Minutes - April 7, 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 Traffic, Street Lighting, Sidewalks - Lacewood Drive/Business Park 4.2 Snow Removal from Sidewalks5. Motions of Reconsideration
6. Motions of Rescission
7. Consideration of Deferred Business
8. Public Hearings
9. Correspondence, Petitions and Delegations
10. Reports
10.1 Prohibition of Motorized Craft on Small Lakes11. Motions
12. Added Items
12.1 Case No. 7507 - Proposed Cellular Antenna and Accessory Shed on the Roof of Granbury Place at 45 Vimy Avenue13. Notices of Motion
14. Public Participation
15. Next Meeting
16. Adjournment
1. CALL TO ORDER
The meeting was called to order at 7:00 p.m. with an Invocation. The meeting was held at 2750 Dutch Village Road.
2. APPROVAL OF MINUTES - APRIL 7, 1997
MOVED by Councillors Walker and Adams to adopt the Minutes of meeting held on April 7, 1997 as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Added Item: Case No. 7507 - Proposed Cellular Antenna and Accessory Shed on the roof of Granbury Place at 45 Vimy Avenue MOVED by Councillors Walker and Adams to approve the Order of Business as amended. MOTION PUT AND PASSED.
4. BUSINESS ARISING OUT OF THE MINUTES
4.1 Status Sheet Items
4.1.1 Traffic, Street Lighting, Sidewalks - Lacewood Drive/Business Park
It was agreed that this matter could be removed from the Status Sheet as it was going to be removed from the capital budget.
4.1.2 Snow Removal from Sidewalks
An Information Report dated May 1, 1997 from Police Services was before Community Council. Sgt. Scott Burbridge was in attendance to speak on the matter.
Sgt. Burbridge provided an overview of the report. He pointed out that in the former City of Halifax abutters were responsible for clearing snow and ice; however, in other areas of the Municipality - Dartmouth and Bedford - abutters were not responsible.As far as whether or not there would be a change in the policy for the former City of Halifax was something that would require sanction by Regional Counciland would involve a significant cost increase. Any such change would come through Regional Operations. If Regional Council decided to clear snow from sidewalks in the former City of Halifax, then enforcement would be a moot point.
With regard to the issuing of green cards, Sgt. Burbridgeexplained the current situation, process and the problem with the 24 hour period in the By-law and, with regard to enforcement, the problem with court decisions.
Councillor Walker explained that he had five locations in his District that were not plowed once all winter. For those who had no intention of clearing snow, the By-law needed to be looked at to regulate this kind of situation. In his opinion, there was a problem with the issuance of green cards and the 24 hour period. If someone was a blatant abuser of the By-law, then the snow should be cleared by the Municipality and a charge put on the property.
Sgt. Burbridge advised there is a Committee established to review the various By-laws pertaining to this issue. If Community Council felt this issue was a priority, then staff should be advised it was a priority to draft recommendations to put to Regional Council.
He suggested that if the mechanism was in place in the By-law, then chronic offenders could be addressed in a timely fashion.
MOVED by Councillors Walker and Adams that in light of the fact that a Committee is in place, to refer the issue to Legal Services on a priority basis with a report to be made available for the September meeting. MOTION PUT AND PASSED.
5. MOTIONS OF RECONSIDERATION - None
6. MOTIONS OF RESCISSION - None
7. CONSIDERATION OF DEFERRED BUSINESS - None
8. PUBLIC HEARINGS - None
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - None
10. REPORTS
10.1 Prohibition of Motorized Craft on Small Lakes
This matter was referred from Regional Council's meeting held on April 1, 1997. The following items were before Community Council:
1. Copy of Report to Regional Council dated March 26, 1997 from Police Services.
2. Follow up Memorandum from Police Services dated April 8, 1997.
MOVED by Councillors Adams and Walker to continue with the previous motion made by Community Council to keep the status quo and that Regional Council be advised. MOTION PUT AND PASSED.
11. MOTIONS - None
12. ADDED ITEMS
12.1 Case No. 7507 - Proposed Cellular Antenna and Accessory Shed on the Roof
of Granbury Place at 45 Vimy Avenue
Paul Morgan, Planner provided an overview of the Staff Report dated April 30, 1997 and circulated photographs of the building. He pointed out that antennae were not a permitted use under the Land Use By-law. If the antennae were intended to serve the inhabitants of the building, they would be permitted. Staff had received a legal opinion that as a matter of constitutional law, any municipality cannot enforce Land Use By-law regulations with respect to communications facilities of any kind. As a matter of Federal policy, however, there was an opportunity to review the proposal and voice any concerns to Industry Canada. With regard to this application, there were six antennae proposed along with an accessory shed. There did not appear to be any reason to raise objections to the proposal.
At this time, Mr. Morgan advised that Community Council could: 1) agree with staff; 2) if there were any objections at this time, they could be forwarded to Industry Canada or 3) defer to the next meeting.
Ms. Christine Raizine, Rogers Cantel Inc. provided further information on the proposal. The antennae would not have lights. There were 20 such sites located in Ottawa. She pointed out that cellular towers were a different consideration as far as the community was concerned.
At this time, Councillor Hanson declared a Conflict of Interest.
Councillor Stone asked if there were any questions from the public.
Mr. Bob Stewart, Fairview asked if the residents of the building had been consulted. In reply, Ms. Raizine advised the Condominium Board had been contacted and did not have any objections.
MOVED by Councillors Walker and Adams to raise no objections to the proposal by Rogers Cantel Inc. to locate cellular antennae and an accessory building on the roof of Granbury Place at 45 Vimy Avenue. MOTION PUT AND PASSED.
(Councillor Hanson abstained).
At 8:00 p.m. it was agreed to recess the Community Council meeting in order to hold a Public Meeting in conjunction with Peninsula Planning Advisory Committee to receive public input regarding Child Care Centres in Residential Areas by Development Agreement
in the Halifax planning area. The Public Meeting had been advertised for 7:30 p.m.; however, because there were insufficient members of Peninsula Planning Advisory Committee present at that time, the meeting did not start until 8:00 p.m.
Following the Public Meeting, the Community Council meeting resumed at 8:55 p.m.
13. NOTICES OF MOTION - None
14. PUBLIC PARTICIPATION
Mr. Phillip Saunders, 25 Kirk Road, Jollimore referred to the preservation of accessible wilderness areas in Mainland South. Recent events gave cause for concern that a new phase was being entered into in the evolution of the community indicating that action should be taken now with respect to responsible land use planning. From a legal and practical perspective, the Plan is out of date and the required five year public review of the Mainland South Secondary Planning Strategy has not taken place even though it was adopted in 1986.
Mr. Saunders provided a written submission which provided more detail of the residents' concerns, particularly the fact that the Armoyan Group has been canvassing some members of the community as a prelude to a rezoning application for part of its newly acquired 300 acre site in the wildlands between Colpitt and Flat Lakes. There was indication of a very short time frame for proceeding with a decision, beginning with a May 30 zoning application and hopefully a decision by the end of September.
Mr. Saunders stated that the lack of a detailed plan coupled with increased pressures such as the Armoyan Group proposal could lead to an ad hoc approach in which particular proposals are not put in a broader context because there is no broader context of a proper detailed Plan. The request to Community Council was: 1) endorse a recommendation put forward by the Federal/Provincial Environmental Assessment Review Panel which looked at the sewage treatment plant and considered the problem of wildlands and indicated that a review of the Plan was long overdue; 2) initiate a community-based Plan and Land Use By-law review for Mainland South to develop a detailed area plan to provide the means to resolve concerns regarding future growth, servicing, transportation, land use and environmental issues; 3) effective immediately, place a moratorium on RDD developments and large area developments involving rezoning, holding RDDs in Mainland South until a plan review and detailed Plan is in place; 4) establish a community-based Planning Advisory Committee for the area to act on initiating the Plan Review.
There was discussion on the definition of "holding". It was agreed to wait until the Planner in attendance could clarify.
Councillor Hanson stated he was alerted to the fact that Armoyan Group was in the process of acquiring land at the end of St. Michaels Avenue and considering development but there was no application as of this date.
Mr. Saunders stated that the reason the residents were here now was that the Armoyan Group has contracted a consultant who has asked the community for consultation to develop a concept plan to assist them in bringing something before Council. This was not considered to be appropriate community consultation; it was the job of Community Council which could be done through a community based group.
Councillor Hanson suggested that a good contact was Angus Schaffenburg, Planner, Western Region.
Mr. Martin Willison, 40 Rockingstone Road, Spryfield pointed out that Halifax Regional Municipality has no lakes and waterways committee in place to advise on planning applications which might affect important waterways. He requested that Community Council take this concern to Halifax Regional Municipality so as to enliven the valuable planning resource that lakes and waterways represent. He added that surveying has already begun on the Armoyan lands.
Councillor Stone asked what the land was zoned at present. In reply, Mr. Willison advised that it was mostly zoned holding with a small amount zoned RDD. The major concern was the land zoned holding which was unsuitable for development.
Ms. Patricia Manuel, 19 Forward Avenuesaid it appeared that Community Council was surprised with the information provided regarding Armoyan and asked when a response could be provided. In reply, Councillor Stone stated that it would be necessary to go back to staff for information. He suggested contacting the District Councillor for updates and that the residents should pass any information they had which was considered useful on to the Clerk.
Ms. Carmen Bachynski, Kenwood Crescent, Lieblin Park expressed concern regarding a flooding problem in her neighbourhood and advised she had been in contact with Councillor Adams previously. She asked for clarification as she had received notification in her mailbox from Councillor Adams regarding an on-going process to contact the local MLA and/or MP regarding storm drainage. In reply, Councillor Adams referred to the Infrastructure Program put on by the federal government which was a shared program whereby the municipality, province and federal government share equally in projects. There were projects identified for Lieblin Park which were added to the list of infrastructure projects which would, if successful, get two more crescents done for the price of one, and could be done this year.
Ms. Bachynski advised that she had contacted Geoff Regan previously and was told that this was not something he was involved in. In reply, Councillor Adams advised that since then the Infrastructure Program has been brought forward.
Mr. Hiram Tiller, 4 Thackeray Close suggested that Community Council Minutes should be sent out in draft form to residents because by the time they get approved Minutes, they are two months old. As this was in accordance with the Rules of Procedure, Councillor Stone suggested that residents could call their Councillor if they had a specific concern in the meantime.
Mr. Tiller asked the status of the Lacewood/Highway 102 area being taken out of the capital budget. In reply, Councillor Stone advised that there was a joint Traffic Committee with Department of Transportation dealing with the whole area but at this time, there were no recommendations.
Councillor Stone asked the Planner, Shelley Dickey, to provide the definition of "holding". In reply, Ms. Dickey advised that a holding zone is a zone used within a Residential Development District designation used to identify unserviced land and allows a single family dwelling with on-site services subject to lot size requirements of Department of Environment.
Councillor Stone asked if the zoning was holding - R-1, would it have to come to a public process. In reply, Ms. Dickey said that to go from holding to an R-1 zone would require a Public Hearing.
Councillor Walker referred to the Public Meeting regarding Child Care Centres and asked what procedure would be followed now that the Public Meeting was over. In reply, Ms. Dickey advised that Community Council would have to make a recommendation to Regional Council and a Public Hearing would have to be held by Regional Council. With respect to Peninsula Planning Advisory Committee, they would have to make a recommendation to Halifax Peninsula Community Council. There would have to be another Staff Report prepared as a result of the Public Meeting.
MOVED by Councillors Walker and Adams that a Staff Report be made available for the next meeting with regard to Child Care Centres based on the staff recommendation. MOTION PUT AND PASSED.
15. NEXT MEETING - June 2, 1997
16. ADJOURNMENT
Meeting adjourned at 9:30 p.m.
Sandra M. Shute
Assistant Municipal Clerk
