PRESENT:
Councillor Bruce Hetherington, ChairREGRETS:
Councillor Clint Schofield (Illness)STAFF:
Barry Allen, Solicitor1. INVOCATION
2. APPROVAL OF MINUTES
Regular Meeting - February 6, 19973. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
4. BUSINESS ARISING OUT OF THE MINUTES
5. MOTIONS OF RECONSIDERATION
6. MOTIONS OF RESCISSION
7. CONSIDERATION OF DEFERRED BUSINESS
8. PUBLIC HEARINGS
8.1 Appeal of Minor Variance Refusal - 40 Maplewood Drive, Sandalwood Subdivision, Cole Harbour - File No. MVC-15-96-05 8.2 Application No. RA-EPCB-08-96-13 - Application by Armoyan Group Limited to rezone lands off Green Bay Drive in Cow Bay from R-7 (Rural Estates) Zone to R-1 Zone9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
10. REPORTS
10.1 Report re: Motion by Councillor Cooper for support of a minimum fifty (50) thousand square foot lot development in the Cow Bay area 10.2 Report re: NS Home for Coloured Children, Eastern Region11. MOTIONS
11.1 Councillor Cooper re: support of a minimum fifty (50) thousand square foot lot development in Cow Bay 11.2 Councillor Cooper re: NS Home for Coloured Children12. ADDED ITEMS
12.1 Kiwanis Project, Morris Lake 12.2 Morris Lake Watershed 12.3 Correspondence from Robert Presseau, Chairman Eastern Halifax County Crime 12 12.4 GoPlan - Councillor Cooper13. NOTICES OF MOTION
14. PUBLIC PARTICIPATION
15. ITEMS FOR NEXT AGENDA
16. NEXT MEETING
17. ADJOURNMENT
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
MOVED by Councillors McInroy and Cooper that the minutes of the February 6, 1997 regular meeting be approved as circulated. MOTION PUT AND PASSED.
MOVED by Councillors McInroy and Cunningham that the minutes of the January 30, 1997 special council session be approved as circulated. MOTION PUT AND PASSED.
MOVED by Councillors Cooper and Cunningham that Councillor Schofield be excused from meetings until such time as he is able to return. MOTION PUT AND PASSED UNANIMOUSLY.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
1. Kiwanis Project, Morris Lake
2. Morris Lake Watershed
3. Correspondence from Robert Presseau, Chairman, Eastern Halifax county Crime Prevention Association
4. Councillor Cooper requested "GoPlan" be added to the agenda
MOVED by Deputy Mayor Greenough and Councillor McInroy that the Order of Business be approved as amended. MOTION PUT AND PASSED.
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
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 - 40 Maplewood Drive, sandalwood Subdivision, Cole Harbour - File No. MVC-15-96-05
Ms. Kelly Denty, Development Officer, presented the staff report.
In response to Councillor Sarto, Community Council was advised the setback is twenty feet.
In response to Councillor Cunningham, Community Council was advised the new structure will be approximately 27 feet from the curb line.
In response to Councillor Sarto, Community Council was advised the flankage distance would be 10.5 feet.
Speakers in favour
Community Council was advised that three letters had been received in favour of the appeal.
Mr. William Smith, applicant, addressed Community Council stating he feels the addition to his home will enhance the neighbourhood and the easement will ensure there is adequate visibility from the roadway.
Mr. Harold Northrup, Stratford Drive, stated he was in favour of the appeal being granted.
Speakers in opposition
No speakers in opposition
MOVED by Deputy Mayor Greenough and Councillor Cunningham that the public hearing close. MOTION PUT AND PASSED.
Decision of Council
MOVED by Councillors McInroy and Cooper that the appeal of Minor Variance Refusal - 40 Maplewood Drive, Sandalwood Subdivision, Cole Harbour - File No. MVC-15-96-05 be granted. MOTION CARRIED UNANIMOUSLY.
8.2 Application No. RA-EPCB-08-96-13 - Application by Armoyan Group Limited to rezone lands off Green Bay Drive in Cow Bay from R-7 (Rural Estate) Zone to R-1 Zone
Mr. Mitch Dickey, Planner, with the aid of slides, a conceptual plan and schematic drawings presented the staff report.
In response to Deputy Mayor Greenough, Community Council was informed the developer was requesting approval of 100 foot of frontage for the proposed lots. On further question, Community Council was informed there are nine lots with less than 150 feet of frontage, several with more than 200 feet of frontage, nine with 100 feet and the remainder have frontage between 150 and 200 feet. It was further clarified that not all the lots that front on the street have more than 150 feet of frontage.
In response to Councillor Sarto, Community Council was advised covenants are between the landowner and the developer.
In response to Councillor Sarto, Community Council was advised that under the R-1 zone development was more restrictive.
In response to Councillor Cunningham, Community Council was advised the R-6 zone permits rooming houses, duplexes and semi detached dwellings which would not be permitted under the R-1 zone.
In response to Councillor Cooper, Community Council was advised other developments in the area, dictated by soil conditions, have lot frontages of 120 to 130 feet.
In response to Councillor McInroy, Community Council was advised that the map in the staff report and in the notification to abutting residents was not showing the boundary of the seven large flag lots. Mr. Dickey advised the Department of Environment had concerns about the orientation of the lot boundaries to the wet lands. On further question it was clarified that the lot lines, for the flag lots, were finalized this week. Mr. Dickey stated that under the R-7 or R-1 zoning the development would have 28 lots and the average right-of-way to the flag lots was over one thousand feet with the flag lots sharing a common driveway. He further advised private roads are not permitted in the area.
Speakers in favour
Mr. Barry Zwicker, speaking on behalf of the applicant, made representation to Community Council stating the intention is to create a subdivision of 29 lots in an as efficient manner as possible. He noted the number of lots would remain the same under either zoning but the new proposal contains a significant piece of parkland which the first one does not. He advised there was no intention to significantly alter the lot area but simply to utilize lot frontage. He advised the Department of Environment requirements have been met as well as storm drainage concerns. He advised the parkland will be capable of handling active recreation. He said because of the constraints of the soil conditions the larger lot sizes are needed and the Department of Environment has stated that the location of the easement and the preservation of the two wet areas will not detrimentally affect the operation of septic tanks or wells. He said the rezoning is being sought to provide for a more efficient development.
In response to Councillor McInroy, Community Council was advised that the R-7 zone is applied mainly to undeveloped lands in the Cow Bay area.
In response to Councillor Sarto, Community Council was advised the Armoyan Group is quite prepared to take the covenants that are on the first phase of the subdivision and apply them to this phase.
Mr. Eugene Deveaux, Eastern Passage, stated the developer would develop the same number of lots as under an R-7 zoning and that the R-1 development would not contain mobiles or duplexes. He noted that flag lots are huge lots and only a certain number of people will be able to afford them.
Speakers in opposition
Mr. Terry McLaughlin, Green Bay Estates Residents Association, with the aid of a slide presentation, made representation to Community Council stating residents are against the rezoning and want to maintain the rural character of the area. He advised the area is environmentally sensitive and watercourses may be affected noting the area was a nesting place for many forms of waterfowl. He stated residents of Cow Bay are opposed to this development and would like to see the retention of the R-7 zoning.
Ms. Elizabeth Kwindt referenced the Planning Strategy and its reference to the Porter Plan expressing concerns with regards to the protection of watercourses.
Mr. Dickey stated Policy SA-6 in the Planning Strategy does refer to the Porter Plan but there are limitations - it applies to the "Special Area" land use designation as opposed to the zoning.
In response to Councillor Hetherington, Mr. Dickey advised Policy SA-6 designation applies to certain provincial and private lands that have been identified as being especially sensitive.
Ms. Siobhan O'Rafferty, Green Bay Drive, stated the people enjoy a certain quality of life and do not want to see it changed.
Ms. Kristin Domm, Green Bay Drive, stated the R-7 zone was established in order to maintain a low density, noting the land in question is surrounded by R-7 zoned land. She advised road frontages in phase one are wide and reduced road frontage will detract from the rural nature.
Mr. Bruce Wade, Green Bay Drive, stated he is against the rezoning and is not in favour of flag lot development.
Ms. Sarah Thornton, Green Bay Drive, stated she has concerns that the developer may not have to keep to the proposed plan. In response, Mr. Dickey advised Department of Environment guidelines will control lot size.
Mr. Donald Hudak, Green Bay Estates, stated he is against the rezoning and noted the area is a bog and is always wet questioning whether this would have an effect on wells. He noted the natural watercourse may be altered causing drainage problems which may result in ice problems in winter. He stated if the land is left as is it could act as a filter for septic runoff from the present developments. He requested Community Council reject the rezoning and suggested the developer meet with area residents to draw up a development plan.
Mr. Darryl Cunningham, Cow Bay Road, stated he did not see the development being of any benefit to the community.
Ms. Cathy Clark, Cow Bay, stated she was against the rezoning as with each development Cow Bay was becoming less rural in nature.
Ms. Myra Dunning, Cow Bay Road, stated she could not see this development being beneficial to the community.
Mr. John Swain, Cow Bay, stated he would prefer to see phase two developed under an R-7 designation.
Mr. Jeff Domm, Green Bay Estates, stated the initial planning for this community should be respected and noted Green Bay Estates is heavily wooded expressing concern with the effects clearing of the woods will have.
Mr. Pierre Garrity, Cow Bay Road, asked if the development was worth it.
Mr. Bill Faulkner, Cow Bay, expressed concerns that the plans for development may change and amendments may be requested. He stated he had concerns that planning may consider an amendment minor and the people in the area may not know of it. In response Mr. Dickey advised he did not see any reason for changes to the proposed plan.
Mr. John Swain, 34 Green Bay Drive, received clarification that the developer could possibly get two more lots in the subdivision because the 100 foot frontage requirement is there but there can be no further subdividing. He said it is important to maintain the R-7 designation as there may come a time when water and sewer becomes available thus resulting in further subdividing of lots.
Mr. Barry Zwicker, on behalf of the applicant, stated zoning is not a tool at which the rate of development takes place but rather sets the standards by which development can happen. He stated zoning does not affect the rate of development noting roads have been cut out and lots have been created. He said the issue is one of efficiency and stated, for the record, the plan had not received Department of Environment approval because it was not taken to that level of detail. He advised the plan has received road layout and engineering approval from Halifax Regional Municipality and noted, as the lot size is driven by soil conditions, there are only 28 lots in the whole development. He said the decision of Council should be based on whether or not the request is consistent with the Municipal Planning Strategy.
MOVED by Councillor Cooper and Deputy Mayor Greenough that the public hearing be closed. MOTION PUT AND PASSED.
Decision of Council
MOVED by Councillors McInroy and Cooper that application No. RA-EPCB-08-96-13 - Application by Armoyan Group Limited to rezone lands off Green Bay Drive in Cow Bay from R-7 (Rural Estate) zone to R-1 zone be denied.
Councillor Cooper referenced the Land Use By-law noting the plans are for fifty thousand square foot lots with no development agreements that could involve amendment requests. He referenced the map and plans indicating the area in question. He said the Municipal Planning Strategy states the intention to keep the distinction between the Eastern Passage and Cow Bay area.He said what Community Council is being asked is to support the distinction between the conservation and heritage of the whole area versus the development.
Councillor McInroy stated there have been many changes throughout this process. He said the planning reports are inconsistent and staff's position was not to support R-1. Staff took the position that this was not going to be a domino effect. On November 7, 1996 a Plan Review Committee was recommended to Regional Council with the number one issue to be reviewed was unserviced lot sizes in Cow Bay. He stated tonights application was rejected by the Planning Advisory Committee. He advised that the 200 foot minimum lot frontage was to discourage central servicing which is not wanted in Cow Bay. He noted policy RR-1 was intended to create a secondary area for development because of concerns over the adequacy of soil conditions, ground water quality and availability and degradation of the natural environmental. He said Council "may" change a zone if criteria are met but nobody has a right to rezone. The proposed site has to be suitable in terms of the location of watercourses, marshes, bogs and susceptibility to flooding. He said the R-7 designation is there for a reason noting there is no opposition to development but there is concern with this site because of the issues that have been raised with respect to water tables and soil sensitivities and drainage systems etc. He stated it has not been the intention of the residents to prevent the continuation of development of Green Bay Estates but rather support them in what the plan has said. He stated without the rezoning the developer can still build the roads, develop the lots and sell them and the only advantage of the rezoning would be a cost saving by putting in a 900 foot road. He stated to rezone would be against the intent of the planning strategy and absolutely against the wishes of the residents and total reversal of the community Planning Advisory Committee recommendation.
Councillor Cunningham stated there is a lot of water on the property. He said the original application was for a rezoning to R-6 which had caused concerns as it did not give the residents the guarantee that no trailers could be placed on those lots or that duplexes and rooming houses could be built. On question, Mr. Dickey advised the R-7 would permit forestry, agricultural uses as well as the keeping of animals and livestock. Councillor Cunningham noted the zoning to R-1 was in the best interest of the residents currently in the area protecting them to a greater extent than they could be protected by either the R-7 or the R-6 which was the original application of the developer. He said he is in favour of the rezoning to R-1 as it does not allow for any greater development than the R-7 does.
Councillor Hetherington stated he has looked at both development proposals and except for a road basically the development under the R-7 is the same as under the R-1. He said the developer is getting what he requires out of the R-7 namely, 28 lots and the only loss will be the road to the flag lots.
MOTION PUT AND PASSED.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE
10. REPORTS
10.1 Report from Donna Davis-Lohnes, Manager Planning Services, Eastern Region Re: Motion by Councillor Cooper re: support for a minimum fifty (50) thousand square foot lot development in the Cow Bay Area.
MOVED by Councillors Cooper and McInroy that the Harbour East Community Council indicate support during the upcoming review of the distinction between the Eastern Passage/Cow Bay area and take measures to maintain the fifty (50) thousand square foot lot development in the Cow Bay Area until the adoption of the revised plan and whatever that may say. MOTION PUT AND PASSED.
10.2 Report from Dan Norris re: NS Home for Coloured Children, Eastern Region
Mr. Mike Hanusiak, with the aid of a video, made a presentation to Community Council. He said the intent is to try to stabilize and secure the building until it can be restored.
In response to Deputy Mayor Greenough, Community Council was advised if action is not taken the building is going to deteriorate to a point where it cannot be restored. He said the funding would be to board up the windows and stabilize the roof so that the structural integrity can be maintained and stop further deterioration.
Councillor Cooper said this would be bridge financing until the Board can get its plan into place and can restore the building. He advised it would be a heritage conservation area and maintained as such.
Councillor McInroy questioned ownership of the property.
Councillor Cooper advised this property had no relationship to the present home which is under the jurisdiction of Community Services. He advised the Province is planning to develop the backlands as residential as well as sell the commercial site across the street.
In response to Councillor Hetherington, Community Council was advised the property was under the control of the Board.
Councillor Cooper advised Mr. Dan Norris is working in conjunction with the Board to have a heritage designation placed on the property.
Deputy Mayor Greenough stated a report should be forthcoming with regards to time frames for restoration, what commitment the Province will be making and whether or not this is a one time funding request.
Ms. Davis-Lohnes suggested that a presentation be made by the Board and representatives of the Province at the time the information goes to Municipal Council.
MOVED by Councillor Cooper and Deputy Mayor Greenough that Harbour East Community Council recommend Regional Council consider to provide emergency funding to stabilize the building in the amount of $60 - $70 thousand dollars with a comprehensive report and presentation be made at that time. MOTION PUT AND PASSED.
11. MOTIONS
11.1 See item #10.1
11.2 See item #10.2
12. ADDED ITEMS
12.1 Kiwanis Project, Morris Lake
MOVED by Councillors McInroy and Cunningham that the report from the Dartmouth Lakes Advisory Board be referred to the Grants Committee. MOTION PUT AND PASSED.
12.2 Morris Lake Watershed
Councillor Hetherington advised that what is being sought from the Harbour East Community Council is support for inclusion of this item in the Capital Budget in the amount of $24,000.00 to protect Morris Lake.
MOVED by Deputy Mayor Greenough and Councillor McInroy that the Harbour East Community Council recommend to Regional Council the inclusion of the amount requested for the study of Morris Lake be included in the 1997/98 Capital Budget and a formal request go forward to the Wing Commander, Shearwater for cost sharing. MOTION PUT AND PASSED.
12.3 Correspondence from Robert Presseau, Chairman, Eastern Halifax County Crime Prevention Association
MOVED by Councillor Cooper and Deputy Mayor Greenough that a request be forwarded to Brian Smith, Halifax Transit, for a report to Community Council for the April 20, 1997 meeting. MOTION PUT AND PASSED.
12.4 GoPlan - Councillor Cooper
Councillor Cooper said there are many concerns in the Harbour East area and he would like to see Community Council develop a consensus of opinion which can be forwarded to Regional Council regarding the GoPlan and how it affects the Harbour East area.
Councillor McInroy suggested those involved with the GoPlan take a look at the area affected.
13. NOTICES OF MOTION - NONE
14. PUBLIC PARTICIPATION
Mr. Mike Verge, 22 Delta Drive, said his neighbours have caused drainage problems on his property by disturbing a natural underground gravel swale as well as cutting down trees at the side of his property.
Mr. Hanusiak requested Mr. Verge contact him at his office to address the problem.
15. ITEMS FOR NEXT AGENDA - NONE
16. NEXT MEETING
The next meeting is scheduled for Thursday, March 20, 1997 at 7:00 p.m. in the Helen Creighton Room, Dartmouth Regional Library, Alderney.
17. ADJOURNMENT
MOVED by Councillors Cooper and Cunningham that the meeting be adjourned at 11:20 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
