PRESENT:
Councillor Condo Sarto
Councillor Bruce Hetherington
Councillor John Cunningham
Councillor Ron Cooper, Chair
Councillor Harry McInroy
Councillor Jack Greenough
ABSENT:
Councillor Clint SchofieldSTAFF:
Mr. Roger Wells, Planner
Ms. Donna Davis-Lohnes, Manager, Planning Services
Ms. Julia Horncastle, Assistant Municipal Clerk
Ms. Susan Corser, Planner
Mr. Mitch Dickey, Planner
Mr. Bernard Moe, Planner
2. Approval of Minutes
3. 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 or Rescission - None
7. Consideration of Deferred Business
9. Correspondence, Petitions and Delegations - None
12. Added Items
13. Notices of Motion - None
14. Public Participation
15. Items for next Agenda - None
16. Next Meeting
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
MOVED by Councillors Greenough and Hetherington that the minutes of March 5, 1998 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 "Kiwanis - Cole Harbour" be added to the agenda.
Councillor Cunningham requested "Dartmouth Common Committee" be added to the agenda.
MOVED by Councillors Greenough and Hetherington 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 OR RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS
7.1 Healthy Dartmouth Committee
MOVED by Councillors Hetherington and Sarto that the Terms of Reference be received and filed. MOTION PUT AND PASSED.
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE
10.1 Proposed Harbour East Commercial Policy Review re: Dartmouth MPS Review
Ms. Susan Corser, with the aid of overheads, presented a verbal report to Community Council. She stated the scope of the Harbour East Commercial review would focus on both the existing Dartmouth Commercial designation and all the commercial zones in Dartmouth as well the Cole Harbour and Westphal designations and commercial zones in that plan area. She advised the subject areas would be existing commercially zoned areas - looking at the permitted uses and the zone standards within those existing zones. Another component would be expansion - future commercial areas.
She advised staff is proposing to have community consultation both in Dartmouth and Cole Harbour/Westphal to listen to people and gain an understanding of what the issues and concerns are, seek direction from the public with respect to how they would like to see some of these issues addressed and, help the community identify a vision for the future in terms of the commercial areas.
Councillor Cooper noted that any type of development other than by right applications would be on hold and expressed concerns that there are people that may want to establish businesses in the community.
She outlined the proposed time frame and implementation process.
Councillor Hetherington expressed concern that other processes are going to be stopped during the review. He stated he was not in favour of not accepting requests for MPS changes while this review is taking place.
Councillor McInroy asked if the Community Council could be advised of requests that are received by planning staff.
Ms. Davis-Lohnes stated that the two applications received by staff are applications by two individuals who are asking that policy be changed - change the direction that the Municipality has been going in relative to commercial development. She stated that the two applications presently on file can be dealt with in a broader context at the same time rather than separately. Instead of going to different public participation programs for each application, staff will be going out to the community for input on those issues as well as others. She stated the two policy issues can be a priority in the overall review.
Councillor Hetherington stated he has to be assured that they are going to work together in the same time frame. He asked for confirmation in writing that this is going to be done. It was suggested the confirmation be addressed to Community Council with copies to the two proponents.
Councillor Sarto confirmed that during the MPS review there would be no freeze on applications in terms of requests to rezone lands or related matters.
Councillor Cunningham stated that perhaps a moratorium be in place during the plan review process as it would be the only way to protect the Municipality from requests from people who wish to make changes that may not be in the best interest of planning and HRM in general.
Councillor Hetherington noted that the MPS change for Caldwell Road had been submitted before the implementation of the MPS review; therefore, they have the right to go for an MPS change on an as of right basis. In response, Ms. Davis-Lohnes advised if it was a development agreement or rezoning, there is currently policy in place that says an applicant has that right. She stated no one has the right to come in and demand a change in plan policy. She stated plan policy is set by the community and only Council decides if and when plan policy is changed.
MOVED by Councillors Hetherington and Greenough that Harbour East Community Council agree with the process as outlined. MOTION PUT AND PASSED.
10.2 HRM Owned Land, Shore Road, Eastern Passage
Mr. Mitch Dickey, Planner, outlined the staff report advising that at the February 5th meeting staff were requested to provide information regarding the rezoning from R-1 to park for a parcel of municipally owned land on Shore Road in Eastern Passage. He advised the parcel of land was approximately two acres in size and is extremely narrow.
Councillor Hetherington advised the erosion problem along that shore line is worsening with no action being taken. He requested that a confirmation letter be sought from HRM Engineering and Regional Operations, as well as the provincial Departments of Environment and Transportation as to what can be done to stop that erosion and what cooperation there can be between the two provincial departments and HRM.
MOVED by Councillors Hetherington and Sarto that the letters be forwarded to the appropriate departments to request that a determination be made as to what measures can be put in place to save the shoreline. MOTION PUT AND PASSED.
MOVED by Councillors McInroy and Hetherington that the rezoning of that parcel of land from R-1 (single unit dwelling) zone to park zone proceed. MOTION PUT AND PASSED.
Councillor Greenough suggested that a request be forwarded to Regional Council that it take a stand on this issue in terms of addressing the erosion problem. Councillor Cooper agreed to draft a letter to Regional Council advising that the Community Council has started this process because of the erosion problem and request they give consideration to supporting Harbour East in ensuring that the erosion is stopped.
MOVED by Councillor Greenough and McInroy that a letter be forwarded to Regional Council requesting support in addressing the erosion problem. MOTION PUT AND PASSED.
10.3 Terms of Reference - Dartmouth Lakes Advisory Board
MOVED by Councillors Cunningham and Sarto that the Terms of Reference be approved as presented. MOTION PUT AND PASSED.
12.1 Kiwanis - Cole Harbour
Councillor Hetherington advised the Kiwanis had written to the Mayor regarding by-law #40 exemption. He stated he feels this is a reasonable request and there is an opening for this exemption. He stated the Kiwanis have been developing their park with very good environmental protection.
MOVED by Councillors Hetherington and Cunningham that a staff report be requested for the May, 1998 meeting. MOTION PUT AND PASSED.
12.2 Dartmouth Common Committee
Councillor Cunningham advised that the Committee is looking for additional members and requested that if there are any Councillors interested in serving on the committee or know of someone who may be interested to submit their names for membership to Ms. Julia Horncastle, Office of the Municipal Clerk.
14. PUBLIC PARTICIPATION
Mr. Dennis Doyle, Kiwanis, Cole Harbour, referenced the request for exemption from by-law #40 and stated they have a concern that with the spring and summer rainfall there may be a need for extensive pumping to avoid flooding over a neighbours property. He further noted that the speed limit sign has been moved from its previous location and questioned whether the present location is an appropriate location. He referenced the ditch located at the driveway and requested the ditch be properly put in following which they will then landscape it.
15. ITEMS FOR NEXT AGENDA - NONE
16. NEXT MEETING
The next meeting is scheduled for May 7, 1998.
17. ADJOURNMENT
MOVED by Councillors Hetherington and Cunningham that the meeting be adjourned. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
