PRESENT:
STAFF:
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
4. BUSINESS ARISING OUT OF THE MINUTES
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
14. PUBLIC PARTICIPATION - NONE
1. INVOCATION
The meeting was called to order at 7:00 p.m. with the Lord's Prayer.
2. APPROVAL OF MINUTES
MOVED by Councillors Adams and Hanson that the minutes of the November 3, 1997 meeting be approved as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
Councillor Adams requested Police Sub Offices in Clayton Park West Mall and the Thomas Raddall Library be added to the agenda (item 12.1)
Councillor Walker requested Snow Removal be added to the agenda (item 12.2)
MOVED by Councillors Adams and Walker 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
MOVED by Councillors Walker and Adams that the Community Council accept the staff report dated November 27, 1997 from George McLellan, Commissioner of Regional Operations wherein he advises a report will be forthcoming to the January meeting of the Community Council. MOTION PUT AND PASSED.
4.1.2 Jim Marriott Property - Herring Cove Road
Councillor Adams referenced a memorandum from Mr. John Sheppard advising this issue has been satisfied to the satisfaction of Mr. Marriott and the Municipality. He requested a letter of thanks go to Mr. Sheppard for his work on this particular item.
MOVED by Councillors Adams and Walker that a letter of thanks be sent to Mr. Sheppard for his work on this item. MOTION PUT AND PASSED.
4.1.3 Bus Shelter - 505 Herring Cove Road
Councillor Adams stated this item has been identified in the bus shelter program for the upcoming season.
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
8. PUBLIC HEARINGS
MOVED by Councillors Walker and Hanson that Community Council move into public hearings. MOTION PUT AND PASSED.
8.1 Case No. 7587 - Appeal of an Approved Minor Variance - 55 School Avenue
Mr. Rick MacMillan, Development Technician, with the aid of overheads, presented the staff report.
Councillor Stone clarified that if there was only a garage and no habitable space the development could be as of right. Mr. MacMillan advised there would be a garage on the main level with a bedroom and bathroom on the second storey. On further question he advised there was a four foot retaining wall between this property and the adjacent property.
Speakers in Favour
Mr. Kurt Bulger, 55 School Avenue, addressed Community Council stated he would be available to answer any questions that may be presented but had no further information to add to the staff presentation.
No speakers came forward.
Speakers in Opposition
No speakers came forward.
Decision of Council
MOVED by Councillors Walker and Hanson that the decision of the development officer be upheld and the appeal be denied. MOTION PUT AND PASSED.
8.2 Application No. 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
Ms. Thea Langille-Hanna, Planner, with the aid of overheads, presented the staff report advising this was a requested amendment to the C-2A zone for the Fairview Secondary Plan Area to allow Enviro Depots. Ms. Langille-Hanna provided the definition of an Enviro Depot and provided background information relative to the application. She stated it is the opinion of staff that the amendment does not meet the intent of the minor commercial or the plan policy for this area.
Councillor Stone asked if the enviro depot has to be enclosed. In response, Ms. Langille-Hanna advised if they are to be licensed through the Province then it requires that there be all indoor storage.
Speakers in Favour
Mr. Arthur Tanner, 48 Randall Avenue, applicant, addressed Community Council stating the enviro depot would only be handling clean, recyclable material and everything is stored inside. He stated his main objective is to keep the environment clean and as there are no organics, there would not be a rodent problem. He submitted a petition, containing 1390 names, to the clerk as part of the public hearing record.
Mr. Roger Angevine, 5 Keystone Court, Fairview, stated the facility in question was a successful service station business for a number of years and in his opinion the proposed footprint on the lot is less intrusive than it was when the service station was there and the hours of operation are less. He stated there is ample off street access for parking and the stay at such a facility is usually only for a duration of five minutes. He stated he would find it personally more convenient to go to a location in his particular area.
Ms. Lorraine Williamson, 740 Herring Cove Road, stated she was in favour of the application.
Mr. Tom Sanderson, 133 Main Avenue, stated the proposal would address the safety factor that exists with the present facility operated by Mr. Tanner.
Ms. Joan Legge, 140 Lansdowne Drive, speaking on behalf of the Board of the Fairview United Church stated the Board did not have any objections to the proposal.
Speakers in Opposition
Mr. John Etter, 16 Frederick Avenue, reading from text, presented his objections to the proposal stating the back of his property overlooks the property in question. He stated he feels the enviro depot would be inappropriate on the proposed site due to the proximity to two churches, fast food outlets, high volume of traffic and residential homes. He stated he feels his current property value would decrease. He stated he feels it would be detrimental to the residential neighbourhood and the commercial area of Dutch Village Road cannot adequately handle the increase in traffic and other problems associated with a business of this nature. He stated this property abuts a vacant lot and he has concerns that if recycling depots are allowed in the C2-A Minor Commercial zoning that 5 Rosedale Avenue would become a parking lot. He stated he has been advised that it is illegal to use a vacant lot adjacent to a commercial property for parking for that commercial use.
Mr. Bill Sutherland, representing the City Investment Company located at 3446 Dutch Village Road referenced a letter and petition which had been submitted on Friday, November 28, 1997 and which had been circulated to the members of the Community Council. He noted that with this change other areas under the plan area would be eligible to operate enviro depots. He stated that permitting this application would be a retrograde step. He referenced page 8 of the staff report where reference is made to Policy 3.1.2 and suggested the intent was to move away from commercial ventures such as this and bring the neighbourhood more in line with a small suburban shopping community. He suggested there may be some question as to the legality of Community Councils jurisdiction to approve this application because of provisions in the HRM Act. He stated until there is an overall review of the planning strategy there may be some question as to whether this Community Council can approve the current application. He stated there is a lot of traffic as it is a feeder to Clayton Park and having an enviro depot where it is proposed would only add to an already difficult problem along that street.
Mr. Paul McIvor, 2 Trillium Terrace, stated he owns two properties near this proposal and feels that this type of business would cause traffic problems and would cause property values to decrease. He stated although there should be no outdoor storage he feels this will become a problem.
Mr. Eugene Pettipas, Owner, Dairy Queen, 3515 Dutch Village Road, stated he does not think the building fits into the atmosphere of the street. He stated that the approval of this business would be a backward step and stated this type of business belongs in an industrial park.
Mr. Harold Marriott, Twin City Management, Laurentian Apartments, stated the residents in the building are concerned with traffic that may be generated by the operation of the depot. He stated the establishment of this type of business will result in a decrease in tenant traffic and people in the community enjoying the local stores.
Mr. Kyle McIsaac, 137 Rosedale Avenue, stated he has concerns as it is a residential area. He stated traffic in the area does create a difficulty and feels this would only enhance that problem.
Mr. Tanner, in rebuttal, stated he did not feel this enviro depot would be creating any more of a traffic problem as the volume of traffic on the street would not change.
In response to Councillor Stone, Mr. Tanner advised the second lot is R2 and will stay R2. He stated that the church uses it for parking purposes at the present time but he would be willing to erect a fence if it is requested by the Community Council.
Ms. Langille-Hanna clarified the Fairview Secondary Plan Area on the overhead noting the application is to make an amendment to the C2-A zone to allow an enviro depot in that zone.
Councillor Stone asked if this would allow the zoning to go to the top of Rosedale Avenue. Ms. Langille-Hanna advised the application is to amend the C2-A zone which means if there is not a C2-A zone applied to the property it does not affect the property and therefore would not include the residential properties. On further question she advised that if this was approved anyone owning a C2-A property could apply for a permit without having to go through a public hearing process.
On question, Ms. Langille-Hanna advised the Department of the Environment have guidelines that regulate the size of the building but not the size of the lot.
MOVED by Councillors Adams and Walker that the public hearing be closed. MOTION PUT AND PASSED.
MOVED by Councillor Walker that Community Council defer decision until the January 5, 1998 meeting where staff could provide a report on questions raised and cross reference the petitions.
NO SECONDER, MOTION LOST.
MOVED by Councillors Walker and Hanson that the Community Council support the staff recommendation that the application to allow "Enviro Depots" in the Fairview Secondary Plan Area be rejected. MOTION PUT AND PASSED.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
9.1 Presentation - Greater Chebucto Community Development Association
MOVED by Councillors Adams and Walker that the presentation be deferred to the January 5, 1998 Community Council meeting. MOTION PUT AND PASSED.
10.1 Approval of Meeting Schedule - 1998
MOVED by Councillors Adams and Hanson that the meeting schedule for 1998 be approved. MOTION PUT AND PASSED.
10.2 Request for Rezoning - Lot RP-1 Regatta Point
Councillor Hanson stated this is a matter whereby this land would be given to the City for park and institutional type activity. He stated it is his understanding that the land is privately owned and is being negotiated for sale.
Mr. Gary Porter advised there is a process the City could take to rezone this land but unless there is an intention on the part of the Municipality to acquire the land it could only be tied up as potential parkland for a period of three years during which time the Municipality would have to pay the owner of the land ten percent of the assessed value. The planning act says that if you want to acquire land for park purposes you can freeze it until you buy it but you only have three years to buy it and if you don't you have to turn it back to land that can be used.
Mr. Andrew Ritchie, 12 Spinnaker Drive, stated there is a concern about the lack of parkland in the area. He stated there are a number of apartment buildings and townhouses in the area which do not have any useable parkland available. He suggested the Community Council consider Option 2 of the staff report to request staff to investigate the feasibility of acquiring lot RP-1 for park purposes.
MOVED by Councillors Hanson and Adams that Chebucto Community Council not initiate the process to rezone lot RP-1 Regatta Point, Purcell's Cove Road from Residential Development District to Park and Institutional. MOTION PUT AND PASSED UNANIMOUSLY.
10.3 Case 7591 - Plan Amendment for Chebucto Peninsula to Redesignate the Conservation Designation Boundary
Ms. Langille-Hanna advised this had gone to Regional Council on November 19, 1997 where a motion was made to proceed with the plan amendment. She advised there are 249 properties within Planning District 5 which either have an entire conservation designation applied to them or a designation runs through the property. She noted these properties are privately owned and the policy for the area stated that conservation designation is to be applied to Crown Land. She stated staff is suggesting the initiation of a plan amendment to resolve this and look at each individual property and make sure the proper designation has been applied to it.
MOVED by Councillors Adams and Walker that Chebucto Community Council accept the report and recommend that staff initiate a plan amendment process to amend the Chebucto Peninsula (Planning District 5) Generalized Future Land Use Map by redesignating privately owned properties in the Conservation Designation to the nearest appropriate designation. Further, it is recommended that public participation be undertaken in accordance with the Public Participation Resolution adopted by Regional Council on February 25, 1997. MOTION PUT AND PASSED.
12.1 Police Sub Offices - Councillor Adams
Councillor Adams stated his intent is to focus on the office located in the South Centre Mall however there may be others that are affected. He stated it is his understanding that because the new police sub station will be located in Bedford there is a strong possibility that the office in the South Centre Mall will be moved out along with some of the others in the Mainland North Area. He stated he did not find this acceptable.
MOVED by Councillors Adams and Walker that a staff report be requested to let this Community Council know the status of the existing community offices and their staff and what the intentions are for the short hand long term. Further the community council be provided with an update on the office/storefront that was proposed for the IGA Shopping Plaza across the street from Clayton Park West and when staff will be locating to Bedford. MOTION PUT AND PASSED.
12. 2 Snow Removal - Councillor Walker
Councillor Walker requested a staff report be requested on the snow removal of snow plow drivers putting snow on sidewalks which have just been shovelled by residents. He stated he would like to have drivers have more consideration of residents when making more than one pass along streets. He suggested plow drivers drive more slowly and have consideration for residents who have to clean their own sidewalks.
It was agreed to pass the concerns on to Regional Operations with a request that snowplow drivers be asked to use caution and consideration.
14. PUBLIC PARTICIPATION - NONE
15. NEXT MEETING DATE
The next meeting is scheduled for Monday, January 5, 1997.
16. ADJOURNMENT
MOVED by Councillors Adams and Walker that the meeting be adjourned at 9:00 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
