PRESENT:
Councillor Bruce Hetherington, Chair
Councillor Ron Cooper, Vice-Chair
Cuncillor Harry McInroy
Councillor Clint Schofield
Councillor John Cunningham
ABSENT:
Councillor Condo SartoSTAFF:
Julia Horncastle, Assistant Municipal Clerk3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
MOVED by Councillors Cunningham and Schofield that the minutes of August 21 and September 4, 1997 be approved as circulated. MOTION PUT AND PASSED.
APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
1. Request for Harbour East Community Council meeting - October 23, 1997
2. Petition - Skateboard/Inline Committee - Councillor Sarto
3. Eastern Passage/Cow Bay Policy Issue Review - Requests for Individual Rezonings
4. Capital Budget
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
10.1 Local Improvement Charges for Projects in Districts Nos. 4 and 7
MOVED by Councillors Cooper and McInroy that the Harbour East Community Council approve the method of recovery of local improvement charges for the following projects:
New concrete curb and gutter installation for Dorothea Drive between Lucien Drive and Topsail Blvd., by levying a frontage area rate for the entire District 7.
New concrete curb and gutter installation for Panavista Drive between Trunk 7 and end, by levying a frontage area rate for the entire District 4.
c) New concrete sidewalk installation for Montague Road between Montague Drive and Serpentine Avenue, by levying a general area rate for the entire District 4.
Councillor Cooper stated it would be expected that these tenders are completed in the year they are called.
Councillor McInroy requested staff investigate the sidewalk on Lakeshire Crescent.
Councillor Hetherington received clarification that Esdale Avenue will be completed this year.
MOTION PUT AND PASSED.
Councillor Hetherington recognized and welcomed Mr. Gordon Stanfield to the meeting.
10.2 Request for closure of the Milo Street reserve on the east side of Trenholm Street in Dartmouth
Councillor Hetherington advised he had submitted the request to staff advising this was a subdivision off Trenholm in South Woodside. He stated it was a right of way road that was never owned by the Municipality but had been set aside for development of a subdivision. As development had occurred around it, the owner would like to build on the property. He stated the owner cannot do anything with the property because it shows as a road right of way in the subdivision plan. He stated the property owner is asking the Community Council give permission to close the street reserve.
MOVED by Councillors Cunningham and Schofield that the request for closure of the Milo Street reserve on the east side of Trenholm Street in Dartmouth be heard at the public hearing scheduled for October 30, 1997 in Eastern Passage. MOTION PUT AND PASSED.
10.3 Request by Petro Canada Limited to Amend the Municipal Development Plan for Dartmouth
In response to Councillor Schofield, Mr. Dickey advised any new or renovated gas stations would be required to go through a development agreement process. It would only affect individual proposals that came forward.
In response to Councillor Schofield, Mr. Dickey advised that Petro Canada are requesting the flexibility to remain open 24 hours if the other businesses in the area do so.
Mr. Dickey advised this was resulting from an application by Petro Canada to redevelop the site at 240 Victoria Road. Initially they had applied for a straight rezoning from the existing C-1 (local business) zone to the C-2 (general business) zone. Local residents were very concerned with the proposal because the C-2 zone would have no limitations as to the uses that could go there. He said there are no provisions in the Land Use By-law for screening of commercial uses from abutting residential uses. There are a number of nearby homes that could be affected. He said there is also concern for uncontrolled 24 hour operation of the gas bar and convenience store and the proposed drive through window. He stated Petro Canada stated they would be willing to go through a plan amendment process which would enable them to redevelop the site through a development agreement which could specifically spell out the terms and conditions of what could happen on the site. He stated this was before Community Council for direction as some of the concerns raised are not specific to that site, those concerns would exist anywhere in the former City of Dartmouth where residential uses abut commercial zoning.
He stated some of the suggestions put forward would be that the Planning Strategy could be amended to require all new or expanded service stations within the former city, where they abut residential areas, to go only through the development agreement process. He advised there are 28 gas stations within the former city with 18 of those abutting residential areas. He stated one approach would be to require a development agreement for gas station uses.
He stated the second option would be to deal with expansions to non conforming uses through a development agreement process. He said a Plan Amendment could be undertaken to amend the commercial zone to include taverns, automotive and other inappropriate uses from locating adjacent to residential zones by creating a new commercial zone, community commercial zone versus highway commercial zone and at the same time amend the requirements of those zones to require adequate landscaping, buffering and fencing adjacent to the residential uses. In addition to this, a development agreement option could be considered to deal with the hours of operation for such things a convenience stores and drive through restaurants. He said there is a fourth option which is a stop gap measure by amending the Dartmouth Planning Strategy to set a commercial zone that abuts a residentially zoned property any new development of that property could only proceed through a development agreement process that would ensure that not only gas stations but all other commercial uses in residential areas could be controlled as such time as a full Dartmouth plan review is undertaken.
Councillor Schofield stated in was in favour of contract development. He said he would like to see the application from Petro Canada move along quickly because there is a partly vacant building which is starting to run down.
Councillor Hetherington asked if an application is in and the rules are changed afterwards, does the application still proceed under the old regulations. Mr. Dickey stated it did not because the application is a plan amendment application and they need to change the rules to do what they want and they have indicated a willingness to go along with whichever of these options that is chosen to try and achieve what they want on that site provided it could be done within a reasonable time frame. He said that for the site to be redeveloped by way of development agreement the Planning Strategy would still have to be amended.
Councillor Cooper stated to address the situation of residential concerns where they redevelop or go to a gas bar or convenience store etc., he feels #1 would be appropriate.
MOVED by Councillors Cooper and Schofield that the Harbour East Community Council allow development of gas stations next to residential zones only through the development agreement process.
Councillor McInroy expressed concern with only going with the development agreement process. He said he would prefer an interim measure as put forward under option 4.
Mr. Dickey stated option #1 would work as it would deal with Petro Canada and any other gas stations developed in the near future.
Councillor Schofield said he is concerned because Wyse Road in his district has many vacant businesses. He said that if too many restrictions are imposed it may not help in encouraging business to come there; therefore, the development agreement would be the best way to go until such time as there is a new municipal plan.
Councillor Hetherington stated that there is commercially zoned properties on Pleasant Street that have residential uses at the present time. He said the land is being bought in blocks and there is no indication of what may be developed there. He said #4 would be his preference.
MOTION PUT AND PASSED.
Mr. Dickey advised staff would proceed to a public information meeting in the next couple of weeks.
10.4 Adoption of Amended Rules of Procedure
MOVED by Councillors Cunningham and Cooper that the amended Rules of Procedure be adopted. MOTION PUT AND PASSED.
12.1 Request for Harbour East Community Council meeting - October 23, 1997
Councillor McInroy said his request to incorporate the issue of the Eastern Passage Sewage Treatment Plant as part of the public hearing proposed for Eastern Passage.
MOVED by Councillors McInory and Cooper that a public hearing be scheduled for October 23 or 30 to be held at the fire hall in the community of Eastern Passage.
Councillor Cunningham voiced his objection to holding a second meeting after the adoption of one meeting per month.
It was agreed that the Milo Street closure public hearing would be the first item on the agenda.
12.2 Petition - Skateboard/Inline Committee - Councillor Sarto
Mr. Terry Hill, Woodlawn, addressed Community Council reading from prepared text, requesting Community Council's support in developing a Skateboard/Inline facility in Dartmouth. He stated they were looking at the Penhorn area as they would like to see it around a populated area where there are people so the kids are not isolated.
In response to Councillor Cooper, Mr. Mike Macklin stated the cost would be approximately $2,000.00 which would provide for a ramp. He stated in addition they would require a 40'x50' paved area.
Councillor Cooper stated such a facility is needed but should be such a size as to accommodate a large number of kids using the facility and noted he had requested a costing of such a facility from the recreation department.
Councillor Cunningham stated there is a need for more information and suggested Community Council request a staff report with regards to such things as site specifics and costing of such a facility.
MOVED by Councillors Cooper and McInroy that Harbour East Community Council is in favour of the budget process considering a Skateboard/Inline facility for the Harbour East area. MOTION PUT AND PASSED UNANIMOUSLY.
Councillor Hetherington requested Mr. Hill stay in contact with Councillor Sarto so that when this is looked at by staff, they may be requested to provide input.
12.3 Eastern Passage/Cow Bay Policy Issue Review
Mr. Mitch Dickey advised that when Regional Council approved the policy review process the terms of the review are specific in that it would be focused on certain subject areas, primarily environmental protection, unserviced development, new subdivisions and development in the commercial core area within the existing commercial zone. At that time staff indicated that it would not be a full plan review and it would be limited to those specific issues. He stated that since that time, one or two individuals have come forward and asked that their specific concerns be added to the process and dealt with.
Councillor Hetherington requested he be informed of all planning issues pertaining to Eastern Passage/Cow Bay as a portion of those former Halifax County districts are now included as part of his district.
MOVED by Councillors McInroy and Cooper that the three individual requests which form part of the commercial issues be addressed under the Eastern Passage/Cow Bay Policy Issue Review. MOTION PUT AND PASSED.
12.4 Capital Budget
Councillor Schofield stated the approved funds should be allocated, in equal amounts, to each district for this year with the possibility of pooling funds in subsequent years and placed the following motion on the floor.
MOVED by Councillors Schofield and McInroy that the funds be allocated equally for each district.
Councillor McInroy stated he was in agreement with the proposed allocation of funds but would not like to rule out cost sharing projects. He noted Commissioner Corrigan had advised submissions would be reviewed by staff before receiving final approval at Regional Council. He suggested a joint meeting of all Community Council's to discuss the issue.
Councillor Cooper suggested that an amendment be made to the motion to allow for Councillors to work in concert on common projects. The mover and seconder agreed to this and the amended motion reads as follows:
MOVED by Councillors Schofield and McInroy that the funds be allocated equally for each district not precluding Councillors working in concert on common projects. MOTION PUT AND PASSED.
Councillor Cooper suggested that a later date be suggested as the deadline for submission of projects by Community Council's after the tabling of the Capital and Operating Budgets. He also noted there may be common projects that Councillors would wish to cost share on. He suggested that all Community Council's be contacted with regards to the setting of a later date for submissions and placed the amendment to the motion on the floor:
MOVED by Councillors Cooper and Cunningham that the Harbour East Community Council seek the endorsement of all Community Council's in requesting that the deadline for submission on Capital Projects, by Community Council's, be extended to the first Regional Council meeting in January, 1998 after the Capital and Operating Budgets have been tabled.
Councillor Cunningham agreed that there may be benefit with deferring the setting of priorities until after the Capital and Operating Budgets are set.
Councillor Hetherington suggested each Councillor research whether or not projects in their particular areas, if under $50,000.00, are being included in the Operating Budget.
Councillor McInroy suggested asking Council to approve the funds but freeze them with no expenditures drawn on that account until after Council has approved the Capital Budget.
Councillor Hetherington stated there is a need for more debate on this issue and suggested a report to Regional Council where there could be discussion on process of the allocation with regards to operating versus capital versus timing.
A vote was taken on the motion on the floor.
MOTION PUT AND PASSED.
The following motion was then placed on the floor:
MOVED by Councillors Cooper and Cunningham that Harbour East Community Council recommend to Regional Council that Halifax Regional Council hold a full and open debate on the process of the allotment of capital funds to Community Council's and that the deadline for submissions on Capital Projects, by Community Council's, be extended to the first Regional Council meeting in January, 1998, after the Capital and Operating Budgets have been tabled. MOTION PUT AND PASSED.
14. PUBLIC PARTICIPATION
Mr. Ike Kent, Dartmouth, referenced the 1997/98 budget and asked whether money has been allocated for sidewalk snow removal for Dartmouth for the upcoming winter. In response, Councillor Hetherington advised there will be sidewalk snow removal in Dartmouth, Bedford and Halifax County.
16. NEXT MEETING
The next regular meeting is scheduled for Thursday, November 6, 1997.
17. ADJOURNMENT
MOVED by Councillors Cunningham and Cooper that the meeting be adjourned at 9:00 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
