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PRESENT:Councillor Ron Cooper, Chair
ABSENT:Councillor Condo Sarto (regrets)
STAFF:Susan Corser, Planner
2. APPROVAL OF MINUTES
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
6. MOTIONS OF RESCISSION - NONE
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
12. ADDED ITEMS
14. PUBLIC PARTICIPATION
16. NEXT MEETING
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
The Assistant Municipal Clerk requested Lake MicMac Settling Pond be added to the agenda. (Item 12.1)
Councillor Hetherington requested Kiwanis be added to the agenda. (Item 12.2)
7.1 Eastern Passage/Cow Bay Municipal Planning Strategy Policy Review Process
Mr. Mitch Dickey, Planner, presented the staff report confirming that Oknah's existing subdivision applications would be grandfathered from the one lot per year requirement as proposed in the amendments.
MOVED by Councillors McInroy and Cunningham that the Harbour East Community Council recommend that Regional Council approve the proposed amendments to the MPS and Land Use By-Law for Eastern Passage/Cow Bay and the Subdivision By-law for the former Halifax County Municipality related to Unserviced Residential Development and the proposed amendments to the Municipal Planning Strategy and Land Use By-law for Eastern Passage/Cow Bay and the Subdivision By-law for the former Halifax County Municipality related to Environmental Protection. Further, if there are significant impacts as a result of these amendments on the properties of Oknah Realty and the Kiwanis Club that they be dealt with at a future date.
Mr. Stephen Mont, solicitor for Oknah Realty, stated they did have some problem with the general concept of one lot per year but noted they have met with planning staff and are satisfied that the plans previously submitted will be grandfathered which will allow Oknah to move ahead with its development plans.
Mr. Dennis Doyle, Kiwanis of Cole Harbour/Westphal, stated a parcel of the Kiwanis property on the Eastern Passage side has been deemed to be considered for Environmental Conservation zone. He stated they are not in agreement with this and that side of the property is expected to be developed into passive recreational. He stated he has concerns that the interpretation of the wording in the document will have an effect on the development of the Kiwanis property.
Mr. Dickey advised that staff, in consultation with Councillor Hetherington, had taken a look at that portion of the Kiwanis property that is within the Eastern Passage/Cow Bay Plan area and the decision was to zone the entire property RA with no environmental conservation zone applied. The existing 25 foot buffering setback that is currently in the plan would remain. He stated there still can be passive recreation uses within the setback.
9.1 Correspondence from Darryl Dixon, Vice President, Anahid Investments Ltd., re installation of playground apparatus, Heritage Hills Subdivision, Eastern Passage
10.1 PA-CHW-01-96 - Request by Alderney Consultants Limited to adjust the Servicing Boundary in Cole Harbour/Westphal; and to rezone an approximately 20.7 acre parcel of land located to the north of Smith Avenue in Cole Harbour from R-1 to CDD
Mr. Mitch Dickey, planner, presented the staff report advising the plan amendment portion of the application was being addressed only noting the developer had advised the portion dealing with the CDD could proceed at a future date after the Servicing Boundary had been adjusted.
In response to Councillor Schofield, Mr. Dickey advised 13.9 acres would be deeded to HRM for passive parkland use stating it is within the service boundary, but a large portion of it cannot be developed.
Councillor McInroy expressed concern with respect to the number of acres being recommended for inclusion within the serviceable boundary. He expressed concern with the amount of capacity that could be generated after the CDD process is complete as there are only so many acres assigned to the Eastern Passage and the Cole Harbour treatment plants. He stated to say that there is a potential for this development to occur on a larger parcel of land and still not put demands beyond 13.9 acres, then another developer could say the same with any parcel of land.
MOVED by Councillors McInroy and Schofield that the Harbour East Community Council recommend Regional Council approve that the adjustment to the Service Boundary for Cole Harbour/Westphal be approved provided there is an equal exchange 15.1 acres removed and transferred. MOTION PUT AND PASSED.
10.2 6 Admiral Street, Dartmouth - 91 Unit Seniors Residence
Ms. Susan Corser, planner, presented the staff report advising staff is recommending the application be as a site specific plan amendment. She advised since the tabling of the report at Community Council, the applicant has indicated he would like to increase the number of units from 91 to 103. She stated the impact of the 91 plus 12 would be evaluated through the Development Agreement process to look specifically at any impact on roads, water, central sewage, etc. She stated staff is recommending the amendments proceed as outlined.
MOVED by Councillors Greenough and Cunningham that the Harbour East Community Council recommend that the Municipal Planning Strategy and Land Use By-law for Dartmouth be amended, as outlined in Attachments #5 and 6 of the staff report, to allow for the consideration of a multiple unit dwelling specifically designed for senior citizens at 6 Admiral Street by development agreement. MOTION PUT AND PASSED.
10.3 Request to amend the Municipal Planning Strategy for Eastern Passage/Cow Bay to allow for the development of a beverage room at the Sandpiper Centre in Eastern Passage
Ms. Susan Corser, planner, presented the staff report advising the existing policies in the Municipal Planning Strategy require that a rezoning to a C-6 zone take place in order to have an entertainment use advising staff was recommending Option 1 as outlined in the staff report. She stated in terms of the amendment to the Planning Strategy it is contained in Attachment #1 and would replace attachment 5 of the previous report but attachment 6 from the original staff report would be needed which proposes amendments to the Land Use By-law in addition to attachment 2 of the supplementary report which deals specifically with adult entertainment.
MOVED by Councillors McInroy and Hetherington that Harbour East Community Council recommend Regional Council approve that the Municipal Planning Strategy and Land Use By-law for Eastern Passage/Cow Bay be amended as per Option 1 of the Staff Report dated November 7, 1997, and in accordance with Attachment #1 and 2 of the Supplementary Report dated November 26, 1997 and Attachment #6 of the Staff Report dated November 7, 1997. MOTION PUT AND PASSED.
10.4 Application PA-DAR-05-97 - Application by Petro Canada Limited to Amend the Municipal Development Plan for Dartmouth
Mr. Mitch Dickey, planner, presented the staff report advising for the property to be allowed to develop through a development agreement process the Development Plan has to be amended and then the development agreement to be dealt with by Community Council. He advised staff is recommending approval of the plan amendment application and the amendment to the Land Use By-law.
In response to Councillor Schofield regarding hours of operation, Mr. Dickey advised Petro Canada has indicated they do not want to be open 24 hours a day but want the ability to open if other competitors in the area do and they have indicated that at the development agreement stage they are willing to insert a clause that would tie the hours of operation on the site to another gas station and convenience store in the neighbourhood.
MOVED by Councillors Schofield and Greenough that the Harbour East Community Council recommend Regional Council amend the Municipal Planning Strategy and Land Use By-law for Dartmouth as shown in Attachments 1 and 2 of the memorandum dated December 4, 1997. MOTION PUT AND PASSED.
12.1 Lake MicMac Settling Pond
Mr. Dave Hubley, Environmental Services, presented the staff report.
MOVED by Councillors Greenough and Cunningham that the Harbour East Community Council recommend that the Lake MicMac Settling Pond not be relied upon to provide silt removal from storm runoff from construction sites, but that the developers be required to provide silt removal as part of the plans for their individual projects, where the regulations permit.
In response to Councillor Hetherington as to what geographic areas flow into the pond, Mr. Hubley advised the area includes the MicMac Mall, MicMac Blvd. area and the Kent Development.
Councillor Hetherington expressed concern with damage that may be caused to Lake MicMac if the flow will no longer be monitored, stating that the runoff from the MicMac Mall parking lot could be very harmful.
Councillor Cooper noted that although it would be required that developers would be responsible for runoff control during construction there is nothing in place to control what happens after that.
Councillor Schofield stated that when the former City of Dartmouth approved block "x", which is a block of land at the bottom of Lancaster Ridge, it was stated if that land were developed the drainage and the sewer would go across Woodland Avenue over to MicMac Mall. He stated that may drain into the settling pond. He advised it was also stated that if the McCulloch land were developed the settling pond would be on the upper part of those lands.
Councillor Cooper requested a letter be sent to John Sheppard, Environmental Services, requesting a report.
Without a vote being taken on the motion on the floor the following amendment was placed:
MOVED by Councillors Hetherington and Greenough that the motion be amended to include the wording "and that staff come up with a solution to the current developments that drain into Lake MicMac".
Councillor Hetherington stated that staff be advised of the acceptance of their recommendation but the Harbour East Community Council is requesting staff come up with a recommendation and solution to the current developments there now.
Councillor Greenough suggested the Municipality seek the permission of the McCulloch family to enter onto the property to clean up the existing pond.
MOTION ON AMENDMENT PUT AND PASSED.
Main motion as amended:
MOVED by Councillors Greenough and Cunningham that the Harbour East Community Council recommend that the Lake MicMac Settling Pond not be relied upon to provide silt removal from storm runoff from construction sites, but that the developers be required to provide silt removal as part of the plans for their individual projects, where the regulations permit. Further that staff come up with a solution to the current developments that drain into Lake MicMac. MOTION PUT AND PASSED.
12.2 Kiwanis - Councillor Hetherington
Councillor Hetherington advised that the Kiwanis had put forward a request of items to be addressed at the September 25, 1996 meeting regarding to their land on Caldwell Road.
It was recommended that a follow up letter be forwarded requesting a reply for the next meeting.
Councillor Hetherington also noted that the status of a development agreement that they had applied for in the former Halifax County had noted that the fee for the development agreement would be waived (Halifax County October, 1990). He requested a letter be forwarded stating that the Community Council agree with the previous action as taken by the Council of the day.
MOVED by Councillors Hetherington and McInroy that a letter be forwarded to Community Services advising that the Harbour East Community Council agrees with the action as taken by the Council of the day. MOTION PUT AND PASSED.
14. PUBLIC PARTICIPATION
Mr. Bill Stratton noted that there had been plans to clean out Little Albro Lake and Cranberry Lake, and suggested any monies set aside for that be put towards the Lake MicMac filtration pond. In response, Councillor Hetherington advised Little Albro Lake was dredged and cleaned out and advised there are no monies in the Capital Budget for cleaning of lakes. He suggested Environmental Services be contacting asking them about the revitalization of lakes and what further steps do they wish to see taken in the future to revitalize the lakes in a cost efficient manner.
16. NEXT MEETING
MOVED by Councillors McInroy and Schofield that the meeting be adjourned at 9:00 p.m. MOTION PUT AND PASSED.
ASSISTANT MUNICIPAL CLERK