PRESENT:
STAFF:
1. INVOCATION
2. APPROVAL OF MINUTES - September 8, 1997 (Regular and Public Meeting)
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 from Sidewalks 4.1.2 Crossing Guard - Flamingo Drive and Skylark Street5. MOTIONS OF RECONSIDERATION
6. MOTIONS OF RESCISSION
7. CONSIDERATION OF DEFERRED BUSINESS
8. PUBLIC HEARINGS
8.1 Case No. 7549 - Amendment to the Land Use By-law for Planning District 5 to allow arts and crafts in the C-1 zone 8.2 Case 7536 - Amendment to the Development Agreement to permit change of use of building at 15 Shoreham Lane 8.3 Case 7581 - Development Agreement to permit construction of single family dwelling at 18 Keefe Road9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
9.1 Presentation - Greater Chebucto Community Development Association Jim Legge10. REPORTS
10.1 Application #7550 submitted by Arthur Tanner to amend the C-2A (Minor Commercial) for the Fairview Secondary Plan Area to Accommodate "Enviro Depots" licensed under the N.S. Environment Act. Polling District 1511. MOTIONS
12. ADDED ITEMS
12.1 Rezoning of Lands of RP-1 Located at Regatta Point - Councillor Hanson 12.2 Information Report re: Break & Enters - Evans Avenue 12.3 Capital Projects - For Discussion13. NOTICES OF MOTION
16. NEXT MEETING
17. ADJOURNMENT
The meeting was called to order at 7:00 p.m. with an invocation.
MOVED by Councillors Adams and Walker that the minutes of the September 8, 1997 Regular Meeting be approved as circulated. MOTION PUT AND PASSED.
MOVED by Councillors Adams and Hanson that the minutes of the September 8, 1997 Public Meeting be approved as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
1. Rezoning of Lands of RP-1 Located at Regatta Point - Councillor Hanson
2. Information Report, dated September 26, 1997, from Vincent J. MacDonald, Chief of Police re: Break & Enters - Evans Avenue
3. Capital Projects - For Discussion.
Deletions
Councillor Adams requested item #9 be deferred to the next meeting.
Councillor Stone requested Councillor Adams contact Mr. Legge and ask him to provide information in advance of the next meeting so that the Community Council is aware of the item being discussed.
MOVED by Councillors Walker and Hanson that the Order of Business, as amended, be approved. MOTION PUT AND PASSED.
4. BUSINESS ARISING OUT OF THE MINUTES
4.1.1 Snow Removal from Sidewalks
Mr. Barry Allen, Municipal Solicitor, advised there is a new streets by-law before Regional Council which essentially says that everyone has the responsibility to clear snow off the sidewalk in front of their home or place of business unless the Municipality is undertaking to do that work by an area rate. It gives Council, each year, the option to determine where, if any place, the Municipality is going to clear the snow and if the Municipality does it then that is the end of it but if the Municipality does not do it, then it is the obligation of the abutter to do it.
Councillor Walker said the motion is in two parts, one is the issuing of tickets for not removing snow from the sidewalk and the second was with regards to the cost of that service being provided by the City of Halifax. He stated that this information has not come back to the Community Council. He stated he would not like to see this issue lost requesting that a report come forward for the November meeting.
4.1.2 Crossing Guard - Flamingo Drive and Skylark Street
Councillor Stone referenced the staff report advising it indicates that a crossing guard is not recommended for this location. He advised the suggestion is that the Oriole Street School Crosswalk be used due to the low volume of walkers.
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
8.1 Case No. 7549 - Amendment to the Land Use By-Law for Planning District 5 to allow arts and crafts in the C-1 zone
Ms. Thea Langille-Hanna, Planner, with the aid of overheads, presented the staff report advising Mr. Gold proposes to operate a one person woodworking business at 1601 Ketch Harbour Road. She stated the subject property is presently zoned C-1 (local business) and arts and crafts shops are not listed as a permitted use within the zone nor are there provisions within the plan to allow this by development agreement. Ms. Hanna advised it is staff's recommendation that Community Council approve the amendment to the Land Use By-law to allow arts and crafts in the C-1 zone.
Councillor Stone called three times for speakers in favour of or opposition to the application. There were no speakers.
In response to Councillor Adams, Ms. Langille-Hanna confirmed there is only one other C-1 zone in Planning District 5 and that individual was notified of this change in zone.
MOVED by Councillors Adams and Walker that the Chebucto Community Council approve the amendments to the Land Use By-law for Planning District 5 (Chebucto Peninsula) to allow "Arts and Craft Shops" in the C-1 (Local Business) Zone as shown in Appendix "A" of the staff report dated September 18, 1997. MOTION PUT AND PASSED.
8.2 Case 7536 - Amendment to the Development Agreement to permit change of use of building at 15 Shoreham Lane
Mr. Gary Porter, Planner, with the aid of overheads, presented the staff report advising this public hearing is to consider an amendment to the Melville Ridge Development Agreement to permit change in use of the building at 15 Shoreham Lane. He advised the original agreement stated the intended use of the building was for a referral/daycare centre for senior citizens and the agreement allowed for one half of that building to be used for other uses such as professional offices, pharmacy and convenience store. The daycare centre never materialized and the space has been vacant. He did note the building has been occupied by a drugstore and medical offices. He said there is now a proposal to expand the Cowie Hill Medical Clinic into the space that was previously designated for the daycare area. He stated that in 1994 Halifax City Council amended the Municipal Development Plan to put legislation in place so that this change could be considered.
Councillor Stone called three times for speakers in favour of or opposition to the application. There were no speakers.
Councillor Hanson stated this is a positive application as the structure has only been partially occupied. He stated the application is a positive for the community and he would recommend approval of the application.
MOVED by Councillors Hanson and Adams that the Chebucto Community Council approve an amendment to the Melville Ridge development agreement, attached as appendix "A" to permit change in use of building at 15 Shoreham Lane. Council requires that the amending development agreement shall be signed within 120 days, or any extension thereof granted by Council on request of the applicant, form the date of final approval by 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. MOTION PUT AND PASSED.
8.3 Case 7581: Development Agreement to permit construction of single family dwelling at 18 Keefe Road - Polling District 17
Mr. Gary Porter, Planner, with the aid of overheads, presented the staff report advising the subject property is located in Purcells Cove. He stated the Land Use By-law requires that dwellings have frontage on a public street and because 18 Keefe does not have frontage on a public street this dwelling cannot be permitted but the land use by-law does have provision where it can be allowed by a development agreement.
Councillor Stone called for members of the public wishing to speak in favour of or opposition to the application.
Mr. Danny Chedraw, Spinnaker Drive, addressed Community Council noting the road is 900 feet long and if in the future that road was deeded to the City he questioned whether there would be a problem. He said he has concerns that in future these residents may come back and ask the City to have that portion of the road deeded to the City.
Councillor Hanson stated staff have looked at the private road policy and does not feel this proposal would in any way inhibit that project. He noted the road is in good shape and well maintained.
Mr. Roderick Stright, applicant, addressed Community Council stating they had looked at different house designs and the one chosen gave consideration for the view plains from the properties located behind his property. He stated there is a shared well with the other property. He indicated the location of the proposed driveway advising it is close to the maintained portion of the existing portion of Keefe Drive. He stated they want to replace one single family dwelling with another as the exiting dwelling is over 150 years old and the building inspection department advised it was deficient and could not be corrected through renovations; therefore, new construction was deemed to be the only way to correct the situation. He stated Keefe Road has been the access to the property for 60 years.
In response to Councillor Stone regarding maintenance of the private road, Mr. Stright advised a portion of the road is maintained by the City and the remainder is maintained by the residents with snow clearing and garbage collection done by the City.
In response to Councillor Walker, Mr. Stright advised his property is the only water lot.
Mr. Porter addressed Community Council in response to the questions and concerns raised by Mr. Chedraw advising Keefe Drive is one of those streets that the City inherited in 1969 and, with the use of the overhead, indicated the point to which it is considered a public street maintained by HRM. The other part is plowed only because it is convenient for the plow operator for turning purposes. He said HRM would not initiate a takeover of the private portion of the road advising this would have to be done through the petitioning of the residents.
MOVED by Councillors Hanson and Adams that Chebucto Community Council approve the development agreement, attached as Appendix "A", to permit construction of single family dwelling at 18 Keefe Road. Council requires 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 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. MOTION PUT AND PASSED.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
9.1 Presentation - Greater Chebucto Community Development Association - Jim Legge
Deferred to the November meeting.
10.1 Application #7550 submitted by Arthur Tanner to amend the C-2A (Minor Commercial) for the Fairview Secondary Plan Area to accommodate "Enviro Depots" licensed under the N.S. Environment Act. Polling District 15.
MOVED by Councillors Walker and Hanson that the report be referred back to staff requesting they meet with the applicant and bring a further report forward at a future meeting. MOTION PUT AND PASSED.
Councillor Stone advised this was a report that has come to this Community Council at the request of Councillor Walker but does not answer the questions as put forward and the report needs some clarification and some amending. He stated it is being sent back to staff for a further report.
11. MOTIONS - NONE
12.1 Rezoning of Lands of RP-1 Located at Regatta Point - Councillor Hanson
Councillor Hanson said he had received correspondence from the Regatta Point Landowners Association requesting that the parcel of land located adjacent to the Regatta Point development site, facing Purcell's Cove Road and bordering on Spinnaker and Anchor Drive be rezoned parkland. He advised he had held discussion with staff and as a result he is requesting the item be referred by Community Council for their review and investigation of land ownership.
MOVED by Councillors Hanson and Adams that staff be requested to investigate the feasibility of rezoning Lands of RP-1 located at Regatta Point to parkland and report back to Community Council. MOTION PUT AND PASSED.
12.2 Information Report, dated September 26, 1997, from Vincent J. MacDonald, Chief of Police re: Break & Enters - Evans Avenue
Community Council received the information report.
12.3 Capital Projects - For Discussion
Councillor Stone provided background on the funding allocation to Community Council's.
Councillor Walker stated he was submitting his list but was requesting that it be held until after the October 7, 1997 Regional Council session.
MOVED by Councillors Walker and Adams that each Councillor would submit his list of projects but, if those projects were approved in the 1998/99 Capital Budget, those monies could be allocated to other projects.
Councillor Stone said the understanding is that if the projects listed by the Councillors are already in the Capital Budget then Councillors do not want to use their funds for something that is already listed.
MOTION PUT AND PASSED.
Mr. Danny Chedraw, 153 Spinnaker Drive, addressed Community Council expressing concern with planning in the Purcell's Cove area as there is more demand for development in that area. He said there is no focus on policies for private roads, development etc. He said there should be long term planning. He said there is approximately 10 pieces of land along Purcells Cove Road for sale. He said there are no policies to focus on planning rules. He said there are some as of right uses but Council should have a committee that would look at the entire Pucell's Cove region and look at long term planning. He noted that there are no plans for the building of new schools. He questioned whether future growth could be handled with regards to traffic and bussing. He suggested a committee be set up to look at long term planning and asked if there was an overall plan similar to the one for Clayton Park.
Councillor Stone stated there are by-laws in place whereby development can take place on some of the properties on an as of right basis. He said anything beyond that has to come before Council for the public process which involves involving the neighbourhood. He suggested the suggestions be forwarded to staff for comment. He noted there are many areas of the Municipality that need the same kind of attention and noted there are rules in place to control development.
Mr. Chedraw said he does not feel as of right uses help because there is no focus or overall plan. He said he does not feel that on large parcels of land, ten acres or more, there should be any as of right uses unless there was a plan in place.
Councillor Hanson said the former City of Halifax was sensitive to development and development needs.
Councillor Walker requested information item #2 - Sidewalk, Curb and Gutter - Bedford Highway be placed on the November agenda.
The next meeting is scheduled for November 3, 1997.
MOVED by Councillors Adams and Walker that the meeting be adjourned.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
