PRESENT:
Councillor Bruce Hetherington, ChairABSENT:
Councillor John Cunningham (regrets)
STAFF:
Kurt Pyle, Planner3. 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 - NONE
14. PUBLIC PARTICIPATION - NONE
15. ITEMS FOR NEXT AGENDA - NONE
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Item 8.3 was requested to be deferred.
Councillor McInroy stated that as there had been no advertisement regarding tonights meeting, requesting item 10.1.1 be removed and advised he would have a community meeting to deal with this item.
MOVED by Councillors McInroy and Sarto 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
8.1 File No. DA-EP/CB-12-97-05-A - Application by John Beaulieu, on behalf of Allweigh Systems Inc., to amend an existing development to permit a welding, metal fabrication, and manufacturing business on the former Atlantic Industries Ltd. property on Oceanview School Road, Eastern Passage
Mr. Kurt Pyle, Planner, presented the staff report.
Councillor Hetherington called for speakers either in favour of or opposition to the application. No speakers came forward.
MOVED by Deputy Mayor Greenough and Councillor McInroy that the public hearing close. MOTION PUT AND PASSED.
MOVED by Councillors McInroy and Schofield that the request by John Beaulieu, on behalf of Allweigh Systems Inc, to amend an existing development agreement to permit a welding, metal fabrication, and manufacturing business on the former Atlantic Industries Ltd property on Oceanview School Road in Eastern Passage. MOTION PUT AND PASSED.
8.2 File No. ZA-CHW-01-97 - Amendments to the C-4 (Highway Commercial) Zone under the Land Use By-Law for Cole Harbour/Westphal to require buffering/ screening from abutting residential and community use zones
Mr. Kevin Barrett, Planner, presented the staff report.
In response to Councillor Hetherington, Mr. Barrett advised if there is an existing business and they were to change use as long as there was no increase in parking, open storage or outdoor display the requirements would be exempt. In addition existing commercial use could be expanded to a maximum of 5% provided there is no increase in parking, open space or outdoor display. That exemption does not apply to the areas located around Loon Lake.
Councillor Hetherington called for speakers in favour of or opposition to the application.
A business owner expressed concern with the provision regarding the 5% of the current floor area stating he felt the percentage of floor area should be higher. On further question it was clarified that the 5% increase would apply to individual buildings not overall total floor area if a number of buildings are located on a lot.
Ms. Davis-Lohnes stated that it is recognized that a 5% expansion is not a large change but it is a change to the impact on the abutting residential neighbourhood which this is meant to address.
Councillor McInroy stated it is intended that this would not have a major economic impact.
Mr. Barrett stated that the buffer could be ten feet if an opaque fence was used as screening from the abutting residential uses.
Deputy Mayor Greenough received clarification that a 5% expansion could take place before the buffering provisions were affected.
Mr. Barrett stated if the property owner chooses to increase his property by 5% he can do so without these requirements for buffering and screening provided that the increase does not increase his need for parking, outdoor display or outdoor storage. If it did impact those three items then the buffering and screening requirements would come into effect.
Councillor Sarto questioned why there was a need for a 20 foot wide landscaped buffer. In response, Mr. Barrett advised this was to restrict the use to ensure that there is not going to be additional parking imposed on that piece of land as well as open storage or outdoor display. The buffer itself is to act as a separation distance between two opposing uses.
Councillor Cooper stated that this would provide protection for the residents in order to allow certain amount of leeway for the commercial uses that are there to be able to make some changes to their businesses. He said it is understood that each and every building would be subject to the 5%.
In response to Councillor Schofield as to what prompted this, Mr. Barrett advised when the application came in for the Irving car wash there was concerns from the surrounding residents of the views that it would have on the property and also the views on other properties in the zone. He stated the existing by-law does not provide for any type of visual screening.
Mr. Jack Thomas clarified that the properties on Lake Loon would not be required to put in a buffer unless they expand or construct. It was also clarified that if there was a change of use those properties would be exempt if it did not change the parking, outdoor storage requirements. The only properties that would not fall under that would be properties that have existing stands of trees.
MOVED by Deputy Mayor Greenough and Councillor McInroy that the public hearing be closed. MOTION PUT AND PASSED.
MOVED by Councillors Cooper and Schofield that the Harbour East Community Council approve the proposed amendment to the C-4 (Highway Commercial) Zone under the Land Use By-Law for Cole Harbour/Westphal to require buffering/ screening from abutting residential and community use zones, with an amendment to require the retention of existing vegetation and increased setbacks for the larger undeveloped C-4 zoned properties.
Councillor Cooper suggested the wording be amended and referenced the parking, open storage and outdoor display suggesting it be reworded so that the requirements say that the amount of parking required or any increase in open storage or outdoor display on the lot.
8.3 File No. PA-DAR/CHW-01-97 - Application on behalf of Irving Oil Limited to amend the Municipal Planning Strategies and Land Use By-laws for Dartmouth and Cole Harbour/Westphal to extend the Highway Commercial Designation and C-4 (Highway Commercial) Zone over the property at 540 Main Street, Westphal.
Staff requested the application be withdrawn.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE
10.1 Eastern Passage Sewage Treatment Plant
Councillor McInroy advised he would be holding a community meeting to address this issue.
14. PUBLIC PARTICIPATION - NONE
15. ITEMS FOR NEXT AGENDA - NONE
16. NEXT MEETING
The next meeting is scheduled for Thursday, November 6, 1997 at 7:00 p.m. in Council Chambers, Former Dartmouth City Hall, Alderney Drive.
17. ADJOURNMENT
MOVED by Deputy Mayor Greenough and Councillor Sarto that the meeting be adjourned at 8:30 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
