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1. Call to Order
2. Approval of Minutes
3. Approval of the Order of Business and Approval of Additions and Deletions
4. Business Arising Out of the Minutes4.1 Status Sheet Items 4.1.1 Armoyan Lands - "Backlands Area" of Mainland South 4.1.2 Snow Removal from Sidewalks
5. Motions of Reconsideration
6. Motions of Rescission
7. Consideration of Deferred Business
8. Public Hearings8.1 Appeal of Minor Variance Refusal, 3 Winston Drive, Herring Cove - Application No. 20597
9. Correspondence, Petitions and Delegations
10. Reports10.1 Supplementary Report - Case 7404 - Child Care Centres in Residential Areas by Development Agreement
12. Added Items
13. Notices of Motion
14. Public Participation
15. Next Meeting Date
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
Regular Meeting - May 5, 1997
MOVED by Councillors Adams and Hanson to approve the Minutes of Regular Meeting held on May 5, 1997. MOTION PUT AND PASSED.
Joint Public Meeting - May 5, 1997
MOVED by Councillors Adams and Hanson to approve the Minutes of Joint Public Meeting held on May 5, 1997. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
There were no additions or deletions.
MOVED by Councillors Adams and Walker to approve the Order of Business as presented. MOTION PUT AND PASSED.
4. BUSINESS ARISING FROM THE MINUTES
4.1 Status Sheet Items
4.1.1 Armoyan Lands - "Backlands Area" of Mainland South
An Information Report dated May 23, 1997 was before Community Council.
Councillor Hanson advised that he and Councillor Adams have been closely involved with the proposed development. He recommended that a Staff Report be prepared to the effect that no action be taken with regard to construction or demolition of trees until the community is involved. He also recommended that there should be an opportunity to meet with staff and interested parties to discuss an appropriate development. He was not against development but, by the same token, he wanted to see it done right and it should not be rushed into. He acknowledged that there was a portion of the property that was as of right; however, if the appropriate report was prepared, then a registered letter could be sent to the Armoyan Group outlining Community Council's concern that the procedure should go by means of appropriate method with proper permits in place and community input.
MOVED by Councillors Hanson and Adams to adopt the above recommendations.
Councillor Adams agreed he would like the community to become involved in the process so it is suited to what the people in the area want and that would complement the area. He did not have any problem with development either.
Councillor Stone pointed out there would be an opportunity for the total community to be involved but at this point the groundwork is still being laid. He asked if there has been an application filed to date. In reply, Angus Shaffenburg, Planner replied no but there was, however, a request for selective cutting of softwood. Staff was still discussing the request and has asked Armoyan Group for additional information.
Councillor Stone said he hoped there would be a meeting before selective cutting was allowed.
Councillor Hanson said that by way of his motion he was requesting that the chain saws be put to bed to allow opportunity for the community to respond to a development, bearing in mind there was an as-of-right portion. He asked the municipal solicitor if there was any control of as of right and could there be a review done.
Barry Allen, Municipal Solicitor stated that as of right meant that the property owner would have the right to develop the property provided he complies with the By-laws in effect. Land can be regulated by laws in place and to the extent that they can comply, and to proceed further they would have to have the consent of Community Council. He did not know what the Municipal Planning Strategy said about cutting trees but knew there were some environmentally sensitive areas in Mainland South. There might be restrictions on cutting trees and to the extent that there is, there would have to be compliance.
Councillor Stone asked if there was any difficulty with the motion, i.e. holding off until there is a meeting with the developer and staff before anything occurs. In reply, Angus Shaffenburg said he thought a meeting could be held reasonably quickly with Community Council members, Armoyan Group and staff in Development Services Office regarding tree cutting.
MOTION PUT AND PASSED UNANIMOUSLY.
Community Council agreed to receive input from the public.
Mr. Louis Lemoine, representing Armoyan Group, advised he had been broadsided to hear about a cutting permit; however, they intended to work with the community, recognizing this was a large piece of property and that the community has used it as an amenity for years. It was intended to have a well-balanced community which would enhance the community already there. An application was being formulated and they were prepared to sit down with any community group to discuss the various concerns and hear ideas.
Ms. Katherine Hall, Williams Lake Conservation Company, having been contacted by the Armoyan Group, felt, along with other community groups in the area, that the process was very quick and she was concerned when someone from Armoyan would state that he was broadsided when he found out that a cutting application has been made. In her opinion, it was necessary to look at the Mainland South Planning Strategy to see whether or not it protects the environment properly because it was their clear position, for at least five years, that it does not. It was important to have the policy reviewed before anything happens in the backlands. That was not to say that it could not be dealt with but it would have to be done properly to preserve the environment, particularly the lakes and waterways. Further, she requested that when the community asks for reports or information, it be provided by staff as information she had requested last week on this subject had met with no response. The citizens needed to know what was going on and the public was missing from the meeting.
The Chair thanked both parties for their comments and pointed out that at the moment there was no application. The public would have the opportunity to provide input but, in fairness to all, Community Council needed to know what was going on and because there was no application, there was a need for a meeting.
4.1.2 Snow Removal from Sidewalks
Report to be provided in September.
5. MOTIONS OF RECONSIDERATION - None
6. MOTIONS OF RESCISSION - None
7. CONSIDERATION OF DEFERRED BUSINESS - None
8. PUBLIC HEARINGS
8.1 Appeal of Minor Variance Refusal, 3 Winston Drive, Herring Cove
- Application No. 20597
A Staff Report dated April 28, 1997 was before Community Council. Ms. Linda Malloy, Development Officer provided photos of the property and outlined the original request and why the Minor Variance was not granted.
Councillor Stone asked if there have been any letters received regarding this Minor Variance appeal. In reply, Ms. Malloy advised there were none but letters had been sent to everyone.
Speaker in Favour
Mr. Donald Crawley said he understood that his back yard used to be a swamp and he had concerns with subsidence. A detached garage in the back yard would put his neighbour in the unfortunate position of having a car drive right past his back yard. His type of proposal was acceptable two miles up the road, it was a fully serviced subdivision, his neighbour across the street had his garage 4' off the property line. He talked with almost all his immediate neighbours and had not received any negative responses. He had moved to the area two years ago and did not want to have any fights with the neighbours. If there had been any negative responses, he would not have gone ahead with the appeal.
Councillor Stone asked if the neighbours on one side or the other had any problems. In reply, Mr. Crawley stated that he had not spoken to the neighbour that the addition would be the closest to as he kept to himself. The neighbour on the other side did not have any problems.
Councillor Walker asked if it was proposed to remove the original driveway. In reply, Mr. Crawley advised yes.
There were no speakers in attendance for or against.
MOVED by Councillors Adams and Hanson to grant the appeal of the Minor Variance Refusal, 3 Winston Drive, Herring Cove - Application No. 20597. MOTION PUT AND PASSED.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - None
10.1 Supplementary Report - Case 7404: Child Care Centres in Residential
Areas by Development Agreement
A Staff Report dated May 22, 1997 was before Community Council.
MOVED by Councillors Walker and Adams to recommend that a Public Hearing be held on July 15, 1997 by Regional Council to consider the recommended amendments to the Municipal Development Plan and Land Use By-law for Halifax concerning child care centres as contained in Appendix A of the Staff Report dated May 22, 1997. MOTION PUT AND PASSED.
11. MOTIONS - None
12. ADDED ITEMS - None
13. NOTICES OF MOTION - None
14. PUBLIC PARTICIPATION - None
15. NEXT MEETING DATE
MOVED by Councillors Adams and Hanson to hold a meeting of Community Council on Monday, July 7, 1997 if necessary; however, there would be no meeting held in August. MOTION PUT AND PASSED.
MOVED by Councillors Adams and Hanson that the meeting adjourn at 7:45 p.m. MOTION PUT AND PASSED.
Sandra M. Shute
Assistant Municipal Clerk