PRESENT:
Councillor Bruce Hetherington, ChairABSENT:
Deputy Mayor Jack GreenoughSTAFF:
Mitch Dickey, Planner1. INVOCATION
2. APPROVAL OF MINUTES - Regular Meeting - March 20, 1997
- Special Meeting - March 19, 1997
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
8. PUBLIC HEARINGS
8.1 Application No. CDD-EPCB-04-96-05-A8 - Application by Anahid Investments Limited to amend the Heritage Hills CDD to implement requirements for sewage flow monitoring 8.2 DA-CHW-07-96-04 - Application by Lees Development Ltd. to enter into a development agreement to allow for commercial driveway access to Hugh Allen Drive from Civic No. 959 Cole Harbour Road9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
10. REPORTS
11. MOTIONS
12. ADDED ITEMS
12.1 Status Sheet - Councillor Hetherington13. 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. There were 30 persons in attendance.
2. APPROVAL OF MINUTES
MOVED by Councillors Cunningham and McInroy that the minutes of the March 20, 1997 regular meeting and the March 19, 1997 special meeting be approved as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
Councillor Hetherington requested information agenda item #1, "Status Sheet", be brought forward to the main agenda.
MOVED by Councillors McInroy and Cooper that the Order of Business, as amended, be approved. 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 Application No. CDD-EPCB-04-96-05-A8 - Application by Anahid Investments Limited to amend the Heritage Hills CDD to implement requirements for sewage flow monitoring
Mr. Mitch Dickey, Planner, presented the staff report advising staff is recommending approval of the application.
In response to Councillor Cooper, Community Council was advised that flow monitoring would stop once the capacities were reached.
Speakers in favour
Mr. Barry Zwicker, MacDonald Wallace and Lively, representing the developer, made representation to Community Council stating the decision tonight does not suggest approval of Morris Lake Estates. He advised Anahid Investments is trying to demonstrate that the design capacity allocated for this land will not be achieved as a result of full development on this site noting, if the capacity is there, Anahid Investments will, at a later date, come back to Community Council indicating how they would allocate that capacity in the Morris Lake Estates. He advised there are provisions in the agreement to stop development to ensure that Anahid Investments do not exceed the allotted capacity.
In response to Councillor McInroy, Community Council was advised the amendment that was made by the former Halifax County Council in 1995 only permits single family homes on 60 foot wide lots for the Morris Lake Estates development.
In response to Councillor Cooper, Community Council was advised the area of Morris Lake Estates is approximately 66 acres.
In response to Mr. Roel Vis, Eastern Passage, Community Council was advised the bench marks are established on a standard engineering practice in terms of sewage generation of 70 imperial gallons per day per person with the maximum allowable flow being 163 thousand gallons per day.
In response to Mr. Vis, Community Council was advised the monitoring does not include the first phases as they are drained by gravity down Cow Bay Road and are not flowing towards the pumping station and, as a result, cannot be monitored.
Speakers in opposition
Mr. Tom Burchill, Canfax Group Ltd., addressed Community Council stating this may be precedent setting. He stated if the developer wishes to proceed with this monitoring system then the coming to Council to obtain the approval in the format of an amendment to the CDD creates a sense of obligation. He suggested the monitoring could be done by the developer without it being put in the form of a CDD amendment. He said by taking it out of the area it has been allocated for could be compromising the people in that area who may wish to develop their lands.
(Councillors Sarto and Schofield arrived at 7:30 p.m.)
Rebuttal by applicant
Mr. Barry Zwicker, stated, by amending the Planning Strategy in 1995, the policy is now in place to allow this to happen. He referenced Policy E8B(a) which states that amendments to the Heritage Development Agreement have been approved which establishes a sewage flow monitoring program.
MOVED by Councillors Cunningham and Cooper that the public hearing be closed. MOTION PUT AND PASSED.
In response to Councillor Cunningham, Community Council was advised the monitoring will take place in Heritage Hills to find out if the old standards of 70 gal per person per day are being met or if they are lower and if the amount of storm water that is getting into the sanitary sewers is less than has been found in the past.
MOVED by Councillors Cooper and Cunningham that the application by Anahid Investments Limited to amend the Heritage Hills CDD to require sewage flow monitoring for the purpose of transferring sewage capacity to lands in Cole Harbour be approved, as outlined in a staff report dated February 21, 1997 and with amendments as shown in a memorandum dated April 3, 1997.
In response to Councillor Cunningham, Mr. Allen, Solicitor advised this agreement will only provide for the monitoring to give information that will be relevant when further application comes in for development on the other site. He stated applications will have to be considered in light of the information that is supplied plus the policies that apply to the site at that time.
In response to Councillor Cunningham, Community Council was advised if this application was turned down it would be setting the applicant back and potentially deny them, on the basis of the plans put forward to date, to develop Morris Lake Estates. He said coming forward separately was to simplify the approach by making sure the flow monitoring was acceptable.
Councillor Cooper advised the community was not prepared to consider development of the land until this flow monitoring was in place.
Councillor Hetherington stated he will be supporting the amendment to the CDD based on the past history of 120 lots at six thousand square feet as that has always been the intent.
MOTION PUT AND PASSED.
8.2 DA-CHW-07-96-04 - Application by Lees Development Ltd. to enter into a development agreement to allow for commercial driveway access to Hugh Allen Drive from Civic No. 959 Cole Harbour Road
Mr. Stephen Smith, with the aid of overheads, presented the staff report.
In response to Councillor Sarto, Community Council was advised the previous access agreement had been discharged.
Councillor McInroy indicated he did not feel a sign was adequate in relation to the right turn only and asked if a right turn only exit was considered for the access to Hugh Allen Drive. In response, it was noted this would pose a problem for those people living in the subdivision as they could not exit left back into the subdivision.
Councillor Cooper expressed concerns with the positioning of the handicapped parking spaces.
Speakers in favour
Mr. Dave Hampson, Lees Development, addressed Community Council noting improvements had been made to the property advising it is an improvement to Cole Harbour Road. He stated the development agreement for the driveway had been discharged after the property had been sold. He advised Lees Development would be willing to relocate the handicapped parking spots to alleviate any concerns.
Speakers in opposition
Ms. Shirley Stewart, Highland Crescent, outlined the previous approval process as it applied to the use of the driveway by Credit Union Atlantic advising that the driveway had been used as an exit only with right and left turning onto Hugh Allen Drive.
It was clarified that a CDD agreement goes with the land and not the owner; therefore, when it was discharged, the Credit Union no longer owned the property and there may be question as to whether they were within their rights to do this.
Councillor Cooper advised the original agreement was with Credit Union Atlantic with the understanding that if they stopped business at that location then the agreement would be discharged. Mr. Allen, solicitor advised that if the Credit Union Atlantic had still been the owner of the property when the request had been made to discharge the agreement then the process was being followed.
Mr. Stephen Smith advised that the development agreement that had been approved in 1995 had been based, in consultation with the residents, for an exit only driveway, with a left and right turn, a speed bump and a fence to be extended along the eastern side of the property. He advised the wording in the agreement was that the driveway would remain only if the use was a financial institution with no reference made to a specific financial institution.
Mr. Hampson, Lees Development, advised they were told the property had to house a financial institution in order to keep the access to Hugh Allen Drive.
Ms. Joan Ross, Hugh Allen Drive, expressed her displeasure at the location of the driveway.
A resident referenced the agreement where it relates to changes in use and, in response, the solicitor advised a substantial change of use would not be something that could be done as of right stating it would have to go through a process similar to a rezoning or a development agreement process and, a non substantial change in use of property, could be by resolution of Community Council with the residents within 500 feet radius of that property being notified that the item is going to Council.
Mr. Allan Ross, Hugh Allen Drive, stated he has concerns with the traffic situation and how that will change with the proposed driveway. He said the residents have a difficult time at present exiting from Cole Harbour Road to Hugh Allen Drive and visa versa if trying to make a left hand turn. He said increasing traffic will result in a bottle neck situation making the intersection unsafe as there is approximately only six car lengths from the proposed driveway to the lights at the corner. He advised left turning traffic off Hugh Allen Drive will block traffic trying to turn right onto Cole Harbour Road. He stated if a turn lane is developed, it may cut off traffic on to Hugh Allen Drive and people from the subdivision may have to use Ortega as an access into the subdivision. He suggested a solution may be a communal driveway shared with the abutting apartment building.
Councillor McInroy noted this agreement is not identical to the agreement held by Credit Union Atlantic.
Mrs. Stewart stated there are traffic problems at the present time and this will only add to the problems.
A resident stated he does not feel the driveway is necessary and having the entrance and exit on Cole Harbour Road would be the best solution.
A resident stated if the traffic safety issues and problems can be alleviated to the satisfaction of the residents they would not be opposed to the driveway.
Mr. Hampson stated this is the safer plan and some of the problems at the intersection may be alleviated with the installation of signalized traffic lights.
Mr. Stephen Smith advised traffic services are aware of the situation and the parking problems on Hugh Allen Drive and have indicated they are not prepared, at this point in time, to make changes but will monitor the situation.
Ms. Joan Boyd stated the cars travel at a fast speed down Hugh Allen Drive and reiterated concerns regarding the parked postal trucks.
MOVED by Councillors McInroy and Sarto that the public hearing close. MOTION PUT AND PASSED.
MOVED by Councillor Sarto that the recommendations as outlined in the staff report be approved.
As there was no seconder, the motion was lost.
Councillor Cunningham stated the traffic and safety problems should be brought to the attention of the traffic division for investigation. He noted it was pointed out the configuration of the street as it abuts Cole Harbour Road seems to be presenting serious problems.
In response to Councillor Hetherington, the solicitor advised the decision could be postponed to a future meeting.
Councillor Cooper stated he does not feel there is sufficient enforcement to ensure the right turn only would only be used for a right turn. He said there are many unanswered questions and would like the comments made at this meeting sent to the traffic authority with a meeting between the developer and planning staff to see if these concerns can be addressed.
Councillor Hetherington suggested Councillor Cooper take the concerns to traffic management personally.
MOVED by Councillors Cunningham and Schofield that Community Council defer decision to the May 1, 1997 meeting. MOTION PUT AND PASSED.
(Councillor McInroy left the meeting)
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE
10. REPORTS - NONE
11. MOTIONS - NONE
12. ADDED ITEMS
12.1 Status Sheet
Councillor Hetherington reviewed the status sheet and outstanding items. He requested that further requests for action be sent to the Commissioners concerned and ask that when action is taken, Community Council be notified.
13. NOTICES OF MOTION - NONE
14. PUBLIC PARTICIPATION
Mr. John Russell, Cole Harbour Minor Ball Association addressed Community Council advising a letter had been received advising that a user a fee structure will be implemented for 1997 and 1998 noting the costs per team would be $25.00 in 1997 and $50.00 in 1998.
MOVED by Councillors Cooper and Schofield that the Harbour East Community Council be opposed to the administration fees on minor sports organizations.
MOVED by Councillors Cunningham and Cooper that the motion be deferred to the April 17, 1997 meeting. MOTION PUT AND PASSED.
15. ITEMS FOR NEXT AGENDA - NONE
16. NEXT MEETING
The next meeting is scheduled for April 17, 1997 at 7:00 p.m. in the Helen Creighton Room, Dartmouth Regional Library, Alderney Drive.
17. ADJOURNMENT
MOVED by Councillors Cooper and Sarto that the meeting be adjourned at 10:30 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
