PRESENT:
Councillor Jack Greenough
Councillor John Cunningham
Councillor Clint Schofield
Councillor Bruce Hetherington, Chair
Councillor Harry McInroy
Councillor Condo Sarto
ABSENT:
Councillor Ron Cooper (regrets)
STAFF:
Mr. Barry Allen, Municipal Solicitor3. 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
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
15. ITEMS FOR NEXT AGENDA - NONE
17. APPOINTMENT OF CHAIR AND VICE-CHAIR
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
MOVED by Councillors Sarto and Cunningham that the minutes of October 2, 1997 be approved as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
Information report, dated October 3, 1997 from Chief Vincent MacDonald re: persons congretating on sidewalks in the vicinity of the Bicentennial School, Dartmouth.
Councillor Hetherington advised he had received an e-mail from Bruce Fisher requesting he be advised of any new area rates the Community Council wished to proposed. Councillor Schofield requested this be addressed as item #12.1.
Councillor Cunningham requested item #8.1 deferred to later in the meeting.
MOVED by Councillors Schofield and McInroy 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
8.2 613 Main Street, Dartmouth: Case DA-CHW-09-97-04 - Sandtrap Amusements Limited; and Case DA-CHW-08-97-04 - Dooly's Billiard Hall
Stephen Feist, Planner, with the aid of overheads, presented the staff report.
Councillor Schofield questioned the location of the sidewalk and whether or not it would be enclosed. In response, Mr. Feist, with the aid of the overhead, advised it would go on the outside of the patio and the patio would have to meet the regulations from the liquor board which requires a solid board fence around the perimiter of the patio itself.
Councillor Sarto asked if the width of the roadway was such that it could provide for the holding lane for the left hand turn. In response, Mr. Feist advised there is room to extend the holding lane. On further question, Councillor Sarto asked if there were any concerns with the left hand turning for traffic travelling east. Mr. Feist stated there were no comments on this as this is an existing use; however, the two exit lanes would facilitate better exiting off the site.
Councillor Heterington called for those wishing to speak in favour of or opposition to the application.
Mr. Bill Stratton received clarification on the location of the turning lanes.
Mr. Jack Thomas, Westphal, stated there are many problems in that area with traffic as it is in the area of a busy intersection.
Councillor Hetherington expressed concern that there was no staff person present from traffic and planning to answer traffic concerns.
Mr. Thomas said that section of road needs to be redesigned.
Mr. John Harlow, Humber Park, said this is one of the busiest intersections in this area and is a high accident area. He stated he is not opposed to the proposal but the traffic issue is a concern. Mr. Feist stated the uses located on the property have their greatest use during off peak hours when there is the least amount of traffic on Main Street. He noted under the zoning there are uses that could generate traffic to a much larger extnet such as a grocery store, drugstore etc.
Councillor Hetherington suggested the postponement of the decision for two weeks in order to have traffic concerns addressed.
MOVED by Councillor Sarto that the public hearing decision be postponed for a two week period. No seconder, motion lost.
MOVED by Councillors Schofield and Cunningham that the public hearing be closed. MOTION PUT AND PASSED.
MOVED by Councillors McInroy and Cunningham that:
The amendments to the existing development agreement for Sandtrap Amusements Inc., to permit the construction of a patio on the southwest corner of Merchant Mart, including the deletion of clause 3.4 of the existing development agreement which requires permits for each entertainment event, be approved.
That the development agreement for Dooly's Billiard Hall, lounge and dining area, be approved;
Require that the development agreement be signed within 120 days or any extension thereof granted by Council on request of the applicant, from the date of the final approval of Community Council and any other bodies as necessary whichever approval is later, otherwise this application will be void and obligations arising hereunder shall be at an end.
Councillor McInroy did concur that the current access is in a bad location but he stated he feels that what is being proposed is an improvement.
Councillor Sarto confirmed that the ability to exit either right or left is as of right and that there would be a holding lane and stated he would be supporting the staff recommendation.
Councillor Schofield stated he was in support of the recommendation but expressed concerns with regards to traffic and the number of accidents that have occurred in this location.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
10.1 Eastern Passage/Cow Bay Municipal Planning Strategy Policy Review Process
Mr. Mitch Dickey, Planner, presented the staff report stating there were a number of strong concerns in the community over environmental impacts, rapid growth in a rural community, impacts on schools and traffic on the main roads. He advised the main focus to come out of the meetings is that people want things to slow down and feel the community needs some breathing room and try to maintain a high level of rural character. He stated the amendments would be to implement restrictions on the rate of subdivision development in the unserviced areas. The proposal would create a new RA (rural area) zone which would apply to almost all the unserviced area of the community of Eastern Passage. He stated golf courses and campgrounds would now be permitted. He stated it is important to note that the proposal not only addresses the community concerns but municipal concerns as well.
Mr. Stephen Smith, Planner, presented the environmental aspects of the proposal. He stated the residents and review committee indicated a need for the protection of the environment and certain waterways and watercourses in the area. He stated staff is proposing the establishment of a new environmental conservation zone which would apply to wetlands. He stated staff is recommending the establishment of a 100 foot setback and natural buffer from all watercourses. He stated they looked at the establishment of a floodplain zone starting at Caldwell Road and going south to Cow Bay Lake and west to Cow Bay River. He said staff is recommending a 200 foot setback for buildings along the coastline.
Mr. Dickey stated staff is recommending Community Council endorse the recommendation and forward the package on to Regional Council for a public hearing.
Councillor Schofield stated he has no difficutly with the proposal is that is what the communtiy wants but noted that in a few years lots in this area would be more expensive as there will be fewer available.
Councillor McInory referenced the last sentence of the recommendation and his comments at the September 24, 1997 Harbour East Planning Advisory Committee where he said he agreed with what was being proposed but stated he would like to see assurances in writing to this effect.
Mr. Stephen Smith, stated staff had met with Planning Advisory Committee and the Kiwanis Club and since the Planning Advisory Committee staff has taken another look at the Kiwanis property and would be putting forward a recommendation that the Environmental Conservation Zone apply to that property in light of the work they are doing and the effort they have put in over the years. He stated they would comply with the 25 foot setback that in the existing Land Use By-law for Eastern Passage/Cow Bay. He said the RA zone would apply to the Eastern Passage side of their property.
Mr. Stephen Mont, solicitor for Oknah Realty, suggested Community Council defer this to the next meeting during which time he would meet with staff to have some of their concerns resolved.
MOVED by Councillors McInroy and Scofield that this item be deferred to the December 4, 1997 meeting. MOTION PUT AND PASSED.
10.2 Lake MicMac Settling Pond
MOVED by Councillors Sarto and Schofield that the Harbour East Community Council request Environmental Services for their recommendations regarding the Lake MicMac Settling Pond. MOTION PUT AND PASSED.
Councillor Schofield stated the Lancaster Ridge sewer is now pumpedover the hill to Albro Lake Road. He said it is his understanding with the development of the bottom part of Lancaster Ridge this would now go across by Micmac Mall. He requested that the report clarify if the storm sewer is included.
10.3 Appointment of Dartmouth Common Committee
MOVED by Councillors Cunningham and Sarto that the following persons be appointed to the Dartmouth Common Committee:
Darryl Dexter
Robert Cooke
Stephen D. Horswill
Donald F. Chard
Elizabeth Ann Macdonald
Thomas Gribbin
Councillor Cunningham
10.4 Community Council Annual Report
MOVED by Councillors Cunningham and Schofield that the report be received. MOTION PUT AND PASSED.
8.1 File No. DA-DAR-10-97-10 - Application by Acrotech Limited to enter into a development agreement to allow for a two unit dwelling on an undersized lot located at 140 Prince Albert Road in Dartmouth
Mr. Kurt Pyle, Planner, presented the staff report stating the application was for the development of a basement apartment advising staff is satisfied that the proposed agreement mets the requirements of Policy IP-4 and recommends approval.
In response to Councillor Sarto as to why a development agreement was required, Mr. Pyle advised that the building had burnt and the footing changed. If the developer had built in the same location as the original building it could have been rebuilt as of right but as it was moved, the developer has to go throught this process.
Councillor Hetherington asked for speakers in favour of or opposition to the application.
No speakers came forward.
MOVED by Councillors Cunningham and Sarto that the public hearing close. MOTION PUT AND PASSED.
MOVED by Councillors Cunningham and Sarto that Harbour East Community Council enter into a development agreement, attached as Attachment 2, to permit the development of a basement apartment within a single unit dwelling at 140 Prince Albert Road in Dartmouth; and that the agreement be singed within 120 days, or any extension thereof granted by Community Council on the request of the applicant, from the date of final approval by Harbour East 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. MOTION PUT AND PASSED.
10.5 North Street Outfall Consolidation - Councillor Cunningham
Councillor Cunningham stated this is with regards to construction that will be taking place on the Dartmouth Common.
Mr. Ian Guppy, Design Engineer, stated staff is seeking the permission of the Harbour East Community Council to construct a pumping station at the end of Park Avenue. He stated that land lies within the boundaries of the Dartmouth Common. He introduced Ray Landry and Dale Knox who have been hired by the Regional Municipality to do the detailed design for this project.
Mr. Dale Knox, with the aid of overheads, indicated the location of the proposed pumping station advising this is a part of the outfall consolidation project and is an adjunct to the Dartmouth Cove Project. He stated there are three outfalls which discharge into the harbour and the object of this project is to intercept the dry weather flows and sanitary sewer flows and be pumped back up to the Dartmouth Cove Project where they would be screened and discarged into this new outfall.
In response to Councillor Cunningham with regards to how soon construction would begin after approval is received, Mr. Knox stated they are waiting to start the detailed design afther which it would go to tender and construction. He stated it is expected to be tendered and go to construction in the spring. On further question, Mr. Knox advised construction time would be approximately six months.
In response to Councillor Schofield, Mr. Knox advised they are pumping the dry water flow, the sanitary sewage component that is being pumped up to the screening plant at Dartmouth Cove. He stated the storm flows would still be going into the harbour.
Councillor Cunningham advised this project was approved in the Capital Budget by Regional Council.
MOVED by Councillors Cunningham and Sarto that approval be given to build the pumping station on the Dartmouth Common. MOTION PUT AND PASSED.
13. NOTICES OF MOTIONS - NONE
Councillor Greenough arrived at 8:45 p.m.
14. PUBLIC PARTICIPATION
Mr. Bill Stratton referenced the silt filtration from the two overflows installed by the former Halifax County expressing concern with the depths. In response, Mr. Pyle advised that the study of the lake is ongoing with a draft coming forward early in 1998.
Ms. Louise Moores referenced the building on 611 Portland Street and stated the building is covered in grafitti and an eyesore. In response, Councillor Hetherington advised there was an interested buyer for property. He further advised there is approximately $400,000.00 environmental cleanup on the property.
Councillor Greenough advised the property has been listed as surplus but will be used for one additional year as a salt shed.
15. ITEMS FOR NEXT AGENDA - NONE
16. NEXT MEETING
The next meeting is scheduled for Thursday, December 4, 1997 at 7:00 p.m.
17. APPOINTMENT OF CHAIR AND VICE-CHAIR
MOVED by Councillors McInroy and Schofield that Councillor Ron Cooper be appointed chair to November, 1998.
MOVED by Councillors McInroy and Greenough that Councillor Clint Schofield be appinted as vice-chair to November, 1998.
MOVED by Councillors Cunningham and Sarto that nominations cease. MOTION PUT AND PASSED.
18. ADJOURNMENT
MOVED by Councillors Greenough and Sarto that the meeting be adjourned at 9:15 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
