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Chebucto Community Council September 14, 1998 Agenda


  • Councillor Bill Stone, Chair
  • Councillor Stephen Adams
  • Councillor Ron Hanson
  • Councillor Russell Walker


  • Mr. Barry Allen, Municipal Solicitor
  • Mr. Roger Wells, Planner
  • Mr. Stephen Feist, Planner
  • Mr. Gary Porter, Planner
  • Mr. Ed Thornhill, Enforcement/Inspections
  • Ms. Julia Horncastle, Assistant Municipal Clerk




The meeting was called to order at 7:00 p.m. with an invocation.


MOVED by Councillors Walker and Adams that the minutes of July 6, 1998 be approved as circulated. MOTION PUT AND PASSED.



4.1 Status Sheet Items

4.1.1 Snow Removal from Sidewalks

Councillor Hanson advised the staff report was still pending and requested the item be brought forward on the October 5, 1998 agenda.

4.1.2 Feasibility of Community Transit and Area Rate - Sambro Harrietsfield

Councillor Adams advised the staff report was still pending and requested the item be brought forward on the October 5, 1998 agenda.

4.1.3 Dumping - Harrietsfield and Williamswood and Possibility of Gate

Councillor Adams requested the item remain as an agenda item at the next meeting and he would follow up in the interim.




7.1 Fencing Permit Application - Fairmount Road

Councillor Hanson advised one of the abutters is out of town and has asked that this item be deferred. The Councillor stated it would be in the best interest to hear all parties concerned and placed the following motion:

MOVED by Councillor Hanson and Walker that the permit application be deferred to the next meeting. MOTION PUT AND PASSED.


8.1 Case 7411 - Amendment to the Halifax Mainland Land Use By-Law by rezoning a portion of 553 Herring Cove Road from C-2A (Minor Commercial) to Schedule "L" in order to enter into a Development Agreement to allow a food processing and wholesale operation within the existing building

Ms. Thea Langille-Hanna, Planner, with the aid of overheads, presented the staff report noting legal has advised that, in terms of procedure, when considering a rezoning and development agreement at the same hearing, a motion can be made for the rezoning and following the appeal period, a motion can be made for the development agreement at a subsequent meeting. She advised the rezoning enables the development agreement; therefore, one must be in place prior to the other.

On question from Councillor Walker, Ms. Langille-Hanna clarified that there will be two zones, a C-2A as shown on Map 1 and Schedule "L" allowing for the consideration of the development agreement. She did note that the C-2A zone clips off the back portion of the lot; therefore, staff is suggesting that Schedule "L" go 200 feet from the front line so that it comes behind the building but will still be within the Minor Commercial designation and would not create any conflicts from a land use point of view.

Councillor Walker referenced Map 4 and asked the distance from the back of the building to the proposed parking area. Ms. Langille-Hanna advised the property line is approximately 2,600 feet. The distance from the property line to the back corner of the building is approximately 135 feet. She advised staff is suggesting Schedule "L" be applied to the first 200 feet.

On question from Councillor Stone, Ms. Langille-Hanna, with the aid of the maps, indicated the nearest properties.

Speakers in Favour

Mr. Bechora Toulaney, 5553 Delphis, applicant, addressed Community Council stating he has owned the property for approximately ten years. He stated that this development agreement would provide an opportunity for a better use of the property as well as providing employment in the area.

Mr. Stan Kachenov stated the proposed use of the property does not pose any adverse effects to the surrounding neighbourhood with respect to air, water, erosion etc. He stated the property will be improved and will provide a positive improvement to the surrounding area. The building has been vandalized several times and continued non use may lead to further problems. The use would provide local employment.

Speakers in Opposition

No speakers.

MOVED by Councillors Adams and Walker that the public hearing close. MOTION PUT AND PASSED.

Councillor Adams advised there have been a number of unsuccessful businesses at this location and this particular business, if approved, will bring an improvement to that particular area. The change in the scheduling would add more flexibility for potential uses for the building, increase employment and decrease vandalism in the area.

MOVED by Councillors Adams and Hanson that the Chebucto Community Council approve the rezoning of Schedule "L" to the front portion (200 ft from the front property line) of 553 Herring Cove Road, as shown on Map 7 of the staff report dated August 12, 1998.

On question from Councillor Hanson, Community Council was advised Schedule "L" will remain at 200 ft even if the property is sold as the agreement goes with the property. Ms. Langille-Hanna advised that if the property is sold the new owner would only be allowed to do what is enabled by the agreement and any other changes would have to come by way of the discharge of this agreement and the initiation of a new development agreement process.

Councillor Stone noted, for the record, that correspondence in opposition to the application had been received from Mrs. Tanya Stott, 559 Herring Cove Road.

Ms. Langille-Hanna, referencing the development agreement portion of the application, stated it is not required to have another public hearing and, if there is no appeal, a motion can be made at the October 5, 1998 meeting to approve the development agreement.


Councillor Adams requested, for the record, that a public hearing be held at the next meeting to consider Schedule "L" for 531 Herring Cove Road.

MOVED by Councillors Adams and Walker that the Chebucto Community Council set the date of October 5, 1998 as the date of public hearing to apply Schedule "L" to 531 Herring Cove Road. MOTION PUT AND PASSED.

At this point in the meeting Councillor Stone recognized Ms. Eileen O'Connell, MLA, Halifax Fairview who was present in the audience.


9.1 Presentation - Mrs. Manuel re: Forward Avenue

  • A copy of the presentation was circulated to Community Council.

Mrs. Manuel, speaking on behalf of the residents of Forward Avenue, with the aid of overheads, made a presentation to Community Council. She outlined the property in question. She advised there were two requests with regards to this piece of land one being a road closure of Forward Avenue at the back end and the other being rezoning of the land from its current R-2 designation to R-1. She stated that the preferred option would be for the HRM to acquire the parcel, consolidate its holdings in the area and rezone the property to park and institutional which would be compatible with adjacent uses.

On question from Councillor Stone, Mrs. Manuel advised that according to mapping there is an access onto Williams Lake Road.

Mr. Leo Brooks, Whitman Benn Limited, addressed Community Council advising the property has been sold and the new owner is in the process of submitting plans for the development of the area under its present zoning on an as of right basis. He stated the land has been zoned R-2 since the 1960's and the land has been for sale since 1990. He stated the plans for subdivision do not include plans for a road out onto the Williams Lake Road as the design specifications in terms of grade cannot be met. He stated they are proposing a road straight in Forward Avenue to abut against the HRM property line with one small cul-de-sac. He advised the developer is proposing 26 duplex lots and two single family lots. He stated there is available servicing capacity for both sewer and water.

Councillor Hanson expressed concern that this development may intensify flooding problems experienced by residents on Williams Lake Road.

On question, Mr. Gary Porter, Planner, advised that two entrances are required but the development officer does have some discretion with respect to the second entrance. He noted this subdivision will be an as of right development and it will be the development officer who will see it through the process with respect to meeting all rules and regulations.

Ms. Ann Patrick expressed concern with the development, school capacity in that area as well increases in traffic flow at intersections.

Mr. Wells, Planner, reiterated that this was an as of right application and therefore would not have to go through the public hearing process if all requirements are met with regards to services, lot sizes, road widths, etc.

The Community Council requested a staff report with respect to the development proposal and submission by Mrs. Manuel.

MOVED by Councillors Adams and Hanson that staff be directed to work with community groups of Mainland South to amend the Mainland South Municipal Planning Strategy. Further staff estimate costs associated with the process considering the cooperative effort with the community. MOTION PUT AND PASSED UNANIMOUSLY.

Mr. Clifford Soward, 17 Westgate Drive, referencing Mrs. Manuel's presentation, clarified that if all guidelines were followed there would be no requirement for the development of the lands to come before Community Council.

A question was raised whether there was a requirement for a second entrance and Community Council requested the question be forwarded to the development officer for a written response for the October meeting. Also, is there a requirement of 750 ft for the proposed road.


10.1 Request to Initiate Rezoning - 22 Edgehill Road - Property of Ann Eade

Mr. Gary Porter, Planner, advised the owner of the property had enquired about the correcting of a zoning error that was made in 1987. He stated there is no application or staff report advising, the next step in the process would be for a request to staff for a report and public hearing in October.

On question from Councillor Hanson, Mr. Porter advised the motion made on July 26, 1984 "that the application for a rezoning from R-1 to R-2 for the lands of Ann Eade, 22 Edgehill Road, be approved by City Council" could not be reaffirmed by this Community Council and the public hearing process would have to be followed.

MOVED by Councillors Hanson and Adams that staff start the process to reinstate the lands of Ann Eade, 22 Edgehill Road, from R-1 to R-2 for a public hearing to be held on October 5, 1998. MOTION PUT AND PASSED.

10.2 Case 0028 - Clayton Park West - Phase II - Development Agreement Amendment

MOVED by Councillors Hanson and Adams that Chebucto Community Council recommend a one (1) year extension to the November 23, 1993 Stage II Development Agreement, Phase 2, Clayton Park West as requested by Fowler Bauld and Mitchell Ltd to permit the Loewen Group Inc to construct a funeral parlour at the corner of Lacewood Drive and Stratford Way, Halifax. Further, the sign on the property have an addition stating that construction will start in the summer of 1999 and, if construction does not start by April 30, 1999 the complete sign indicating the project be removed from the property. MOTION PUT AND PASSED.

10.3 Case 7652 Glenbourne Subdivision Phase 3A and Case 0010 Glenbourne Subdivision Phase 4A

Mr. Stephen Feist, Planner, with the aid of overheads, presented the staff report.

On question from Councillor Walker, Mr. Feist advised the Municipality will have to find some way that is mutually acceptable to compensate the developer for the oversized roads, sewers, parkland frontage and storm water system if the money for the cost sharing aspects of the proposal is not forthcoming.

MOVED by Councillors Adams and Hanson that the Chebucto Community Council:

1. Approve the applications by the Annapolis Basin Group Inc, under Schedule "K", Section 68 of the Halifax Mainland Land Use By-Law, for Stage II approval for Glenbourne Phase 3A and Phase 4A.

2. The agreements shall be signed within 120 days, or any extension thereof granted by Council on the request of the applicant, from the date of final approval by Chebucto Community Council and any other bodies as necessary, whichever approval is later, including applicable appeal periods; otherwise, this approval will be void and obligations arising hereunder shall be at an end.






Ms. Ann Patrick, Westgate Drive, asked if the Community Council was proposing to look at the dog by-law and how it will be enforced within parks in the Mainland South area. In response, Councillor Stone stated when criteria for designation was in place, the issue would be addressed by the Community Council.


The next meeting is scheduled for Monday, October 5, 1998 at 7:00 p.m., 2750 Dutch Village Road.


MOVED by Councillors Adams and Hanson that the meeting be adjourned at 9:20 p.m. MOTION PUT AND PASSED.

Julia Horncastle
Assistant Municipal Clerk