1996-09-09_Minutes
86-60
COMMON COUNCIL
SEPTEMBER 9, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the ninth day of September, A.D. 1996, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Waldschutz
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Human Resources; W. Butler, Commissioner of
Community Services; J. Baird, Manager of Community Planning;
G. Tait, Fire Chief; B. Thompson, Deputy Chief of Police; Mrs. M.
Munford, Common Clerk; and Ms. C. Joyce, Assistant Common
Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend James Fudge
of the First United Pentecostal Church and Chaplain for the Saint John Police Force
offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on Tuesday, September 3, 1996, be approved.
Question being taken, the motion was carried.
3(a) Zoning By-Law Amendment To
Re-Zone 1032 Hillcrest Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of approximately 4 hectares (10
acres) of land at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from
"RR" One-Family Rural Residential to "RS-1" One- and Two-Family Suburban
Residential classification, to create a large lot for a residence with a small stable, as
requested by Hughes Surveys & Consultants Ltd., and no written objections were
received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter of objection
considered by the Committee at its September 4 meeting at which Mr. Richard Turner
of Hughes Surveys and Consultants Limited spoke in favour of the application and two
property owners expressed an objection to the proposed horse stable; advising that the
Committee resolved to table in order to allow the applicant and staff an opportunity to
consider Section 39 conditions regarding the proposed horse stable, in particular, a
condition relating to the number of horses and the location of the stable; requesting that
Council not give any readings to the re-zoning as the Committee is expecting to provide
a recommendation regarding re-zoning and Section 39 conditions in the near future;
and recommending that Common Council hold the public hearing but not make any
decision until a formal recommendation regarding this matter can be provided.
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SEPTEMBER 9, 1996
Mrs. Elizabeth Cann of 1133 Rothesay Road, appearing in opposition to
the above-proposed amendment, advised that she is the Executor of the Estate of 1. E.
Desmond which includes the property next to the subject property; and requested that
Council deny the application on the basis that the prime residential properties and lands
surrounding the subject property, including the Estate lands and all other properties,
would be devalued if the subject application were approved allowing a stable to locate
there, as well as in view of the disagreeable aspects of a horse farm and stable,
including possible water pollution from the run-off from manure piles, disinfectant and
cleaning fluids; the attraction to feed barns and manure piles of flies, rats, mice, and
wild animals, the latter which could cause disease and endanger house pets; the odour
from and appearance of a horse farm; the noise that would generated by the animals
and the movement of tractors and machinery; and extra traffic from trucks carrying
supplies of feed and hay. Mrs. Cann, in expressing the view that a stable would be a
non-conforming use surrounded by residential properties, referenced the Brookville
quarry, pits and quarries and the Leroy Hatfield Ltd. property as examples of non-
conforming uses in the area and problems associated with them when conditions were
not met in affecting the quality of life and property values.
Mr. Richard Turner of Hughes Surveys & Consultants Ltd. which has
been assisting the property owner with a perspective of the development plans,
addressed Council in support of the proposed re-zoning; and advised that, while the
purchaser could at present carry out his proposal consisting of a residential dwelling
and a stable on the portion of the subject property which is adjacent to Hillcrest Road
as that area of land is properly zoned for that use, the purchaser would like to include
some of the area, which was initially presented for re-zoning, behind the lots on
Hillcrest Road with the proposal so as to allow him to place the proposed stable further
away from existing homes and actually set it back further from Hillcrest Road at less
exposure. Mr. Turner also advised that the Planning Advisory Committee's above
recommendation is acceptable to his client in that, with some conditions, it is something
that could be worked out, especially in view of the fact that it is a proposal that could be
carried out now without going through these deliberations; and made the observation
that, although a stable with up to 8 horses is allowed on the approximate 4 acres of
property along Hillcrest Road which falls in the "RS-1" zone, the proposal in question is
actually for 4 horses, and that putting the stable from Hillcrest Road so that it has less
exposure to the Road and further from the houses across Hillcrest Road is considered
a bonus or a plus in the application. Mr. Turner further advised that, while the
application is requesting that the whole property be reverted to the "RS-1" zone, the
applicant is willing to accept that as little as an acre and a half to two acres be re-zoned
and the rest be left in its present residential classification, and also that the Department
of Health has some very stringent standards when it comes to this type of application
and the applicant is relying on those and the conditions within the "RS-1" zone to
control that aspect of it. With regard to Mrs. Cann's reference to a non-conforming use,
Mr. Turner suggested that this does not apply in this instance as this would be a
permitted use if carried out on the property adjacent to Hillcrest Road, although the
request is to move it back approximately 100 to 150 feet from the Road; and indicated
his willingness to discuss the proposal with Mrs. Cann at any opportunity before it goes
back to the Planning Advisory Committee in an attempt to give her a better
understanding of how much it has been scaled back.
Mr. Turner, in response to Council queries, advised that a Section 39
condition limiting the number of horses to 4 would be acceptable to his client and that
the proposed location of the stable, with the re-zoning requested, would be in excess of
300 feet from the nearest residence.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, the application of Hughes Surveys & Consultants Ltd. for
the re-zoning of 1032 Hillcrest Road be laid on the table until a formal recommendation
regarding this matter can be provided by the Planning Advisory Committee.
Question being taken, the tabling motion was carried.
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COMMON COUNCIL
SEPTEMBER 9, 1996
4. Mavor's Remarks
The Mayor recognized Mr. Harold Wright who, having commented on the
recent publication of his book, "Saint John", Volume 2 of the Images of Canada series,
presented the Mayor with a copy of this book, having distributed to Council members at
this meeting copies of the book cover.
The Mayor noted the launching of the 1996 United Way Campaign the
week of September 2, and the American Hockey League All-Star Games scheduled at
Harbour Station in January 1997. Note was also made of the presence in the City of
Country music star Garth Brooks and Canadian-born actor and comedian Leslie
Nielsen for performances at Harbour Station and the Imperial Theatre, respectively, as
well as to the publicity for Saint John in this regard.
5. Tender For Contract 96-17
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, contract 96-17, Earle Avenue - Lowell Street water and sewer
construction, be awarded to the low tenderer, Dean Construction Limited, at the
tendered price of $150,868, as calculated based upon estimated quantities, and the
Mayor and Common Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
6. Housing Incentive Program
Applications HIP-21 And 22
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the Housing Incentive Program applications
as follows:- HIP-21 - Saint John Drywall Homebuilders Limited for an estimated grant of
$28,000 with regard to Wallace Court; and HIP-22 - Village Estates Inc. for an
estimated grant of $20,000 with regard to Manchester Avenue.
Question being taken, the motion was carried.
7. Municipal Services Easement
75 Treadwell Drive - Amendment
To Julv 2. 1996 Council Resolution
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council resolution of July 2, 1996 approving an approximately
1,614 square foot municipal services easement from James and Joan Shillington, be
amended wherein the area of the municipal services easement to be purchased from
James and Joan Shillington is approximately 2,614 square feet.
Question being taken, the motion was carried.
8. Proposed Removal Of LPP
DesiQnation 22 St. Coeur Court
Read a report from the City Manager advising that the property at 22 St.
Coeur Street has been identified as one which should be considered for disposal as it
is located in a fully-developed residential subdivision and has a high potential for
development as a single-family building lot, and that the subject property was vested in
the City as land for public purposes on filing of the subdivision plan for the
approximately 18-lot St. Coeur Subdivision on Manchester Avenue and, as it has not
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COMMON COUNCIL
SEPTEMBER 9, 1996
been landscaped or developed for any active recreational use, the City has received
complaints about the condition of the property; submitting a copy of a letter sent to 26
property owners in the immediate area of 22 St. Coeur Court to get a sense of
neighbourhood reaction to the possibility of this property being developed with a one-
family house, to which no replies were received; and seeking Council's approval to
request a recommendation from the Planning Advisory Committee with respect to the
removal of the land for public purposes designation from the property in question.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize staff to request a recommendation from the
Planning Advisory Committee on the removal of the land for public purposes
designation of the property located at 22 St. Coeur Court, with a further report to follow.
Question being taken, the motion was carried.
9.049574 N.B. Ltd. - Stall
Rental Arrears City Market
Consideration was given to a report from the City Manager
recommending that Council authorize distress for rent due and in arrears from 049574
N.B. Ltd. for the rental of Stall "F" in the City Market.
The Mayor advised of the City Manager's request to withdraw the above
report.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the above report be
withdrawn from the agenda of this meeting.
Question being taken, the motion was carried.
10. Tender For Vehicle Modifications
Consideration was given to a report from the City Manager, which was
tabled on August 26, regarding the tender for vehicle modifications.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Custom Fabricators and Machinist Ltd., in the amount of
$30,402 (plus taxes), be accepted for the supply and installation of joystick control
systems on four City of Saint John snow plow trucks.
Question being taken, the motion was carried.
11. Duration Of Membership On City
Commissions. Boards. Committees
Consideration was given to a report from the City Solicitor referring to
Council's August 26 referral to the Legal Department of the question of commissions,
boards and committees on which Council can act if it so chooses to set the terms of
membership and which would require a change in legislation, and listing the
commissions, boards and committees which have their members' terms of office
established by legislation either public or private, with only the Transit Commission
having a limitation upon the number of consecutive terms which a member may serve,
in that, if Common Council wanted to impose a limitation upon the number of terms
which may be served on the other bodies or to amend the provision respecting
membership on the Transit Commission, it would be necessary to seek amendments to
the appropriate legislation. The report also lists the bodies created by Common Council
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COMMON COUNCIL
SEPTEMBER 9, 1996
pursuant to the authority of the Municipalities Act in that Council could amend the
duration of a member's term and also address the number of consecutive terms
permissable merely by passing a Council resolution; and advises that, for the
Rockwood Park Advisory Board which was created under an agreement in 1967 with
the Saint John Horticultural Association, it would be necessary to amend the agreement
in order to make changes with respect to terms of members and, for Saint John Non-
Profit Housing Inc., its by-laws, which may be amended by the directors, provide that
members of the company shall only be permitted to serve two consecutive terms and
may be eligible for reappointment after an absence of one term.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the above report from the
City Solicitor be received and filed.
During discussion the Mayor re-iterated why, as indicated in her letter to
Council on August 26, she was in favour of a policy to limit the number of years
committee members can serve; and Councillor Waldschutz asked Council members to
defeat the above motion in favour of a motion that would limit members' terms on
committees, boards and commissions to two consecutive terms in that doing so would
not preclude the City from benefitting from the expertise of such people as they could
then apply fresh thinking, ideas and expertise to another committee, board or
commission.
Question being taken, the motion was carried with the Mayor and
Councillors Arthurs and Waldschutz voting "nay".
12(a) Municipal Plan Amendment And
(b) Re-ZoninQ 2219 Loch Lomond Road
Consideration was given to third readings of a proposed Municipal Plan
amendment and re-zoning of property at 2219 Loch Lomond Road, which were given
first and second readings at the public hearing on August 26.
Mr. Baird, referring to item 12(b) in that the area mentioned is 31
hectares (78 acres) and the NBGIC Numbers are identical to those referenced in item
12(a) which mentions an area of 33 hectares (82 acres), advised that, as close as can
be estimated now for both the Municipal Plan and re-zoning would be 31 hectares (78
acres) and, although there was a larger area initially identified for the Municipal Plan
amendment, the Planning Advisory Committee's recommendation as well as the
mapping indicate that the amendments involve the smaller area of 31 hectares.
12{a)
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by redesignating on Schedule 9-A, the Staging
Plan, an area of land approximately 31 hectares (78 acres) at 2219 Loch Lomond Road
(NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), located
along Loch Lomond Road (between civic numbers 2201 and 2281), Foriere Drive,
Americo Road (undeveloped) and Graham's Brook, from Stage 2 to Unstaged
classification, be read a third time and enacted and the Common Corporate Seal be
affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Gould voting "nay".
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COMMON COUNCIL
SEPTEMBER 9, 1996
12{b)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-420 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning approximately 31 hectares (78 acres) of
land at 2219 Loch Lomond Road (NBGIC Numbers 325043,327114,327122,447193,
447201 and 55036891), from "RS-1" One- and Two-Family Suburban Residential, "R-
1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-
Storey Multiple Residential to "RR" One-Family Rural Residential classification, be read
a third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-420 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Gould voting "nay".
13. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Tuesday, September 3, 1996,
when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Vincent and Waldschutz, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the City Manager, the City participate with
Revenue Properties Ltd. in carrying out the necessary repairs to the City Hall Parking
Garage under the following conditions:- (1) Revenue Properties Ltd., in conjunction with
the City's Manager of Real Estate and Facility Management, will select a consulting
engineer, prepare specifications, call tenders and award a contract to a contractor
recommended by the consultant and mutually agreed by both parties; (2) Revenue
Properties Ltd. will enter into contracts in its name and will pay all bills, and the City will
then reimburse Revenue Properties Ltd. its share of payment based upon 50% cost of
the following: (a) consultant's fee; (b) actual cost of repairs and renovations; and (c)
any direct or out-of-pocket expenses incurred by Revenue Properties Ltd. or the City
with respect to the project as supported by third party invoices, and this will not include
any overhead cost, employees salaries or management fees either by Revenue
Properties Ltd. or the City; (3) the City's share of cost will not exceed $30,000; (4)
Revenue Properties Ltd. will cancel the base rent for the Garage for a period of one
month; (5) the City will be responsible to relocate all vehicles for a period of one month;
and (6) all work will be performed to the satisfaction of both the City and Revenue
Properties Ltd.
September 9, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
13.1. Repairs To City Hall ParkinQ GaraQe
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
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Question being taken, the motion was carried.
14. Planning Advisory Committee
Municipal Plan Amendment
2219 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the
Planning Advisory Committee submitting a recommendation with respect to third
reading of a proposed Municipal Plan amendment for property at 2219 Loch Lomond
Road -- be received and filed, having been dealt with under item 12(a) earlier in this
meeting.
Question being taken, the motion was carried.
15. Planning Advisory Committee
Subdivision 2219 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, (1) Common Council assent to the following: (a) one or
more subdivision plans, in one or more phases, for the proposed subdivision
development at 2219 Loch Lomond Road; and (b) any required public utility easements
for the proposed subdivision; and (2) Common Council authorize the preparation and
execution of a City/Developer subdivision agreement to ensure provision of the
required work and facilities, including the required upgrading of the existing portion of
Foriere Drive, and detailed site and drainage plans for the approval of the Chief City
Engineer.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Gould voting "nay".
16. Planning Advisory Committee - Public
Utilitv Easement 1640 ManawaQonish Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the proposed subdivision
plan of the F. Andrew Simpson Contracting Ltd. property at 1640 Manawagonish Road
with respect to the required public utility easement.
Question being taken, the motion was carried.
17. Planning Advisory Committee
Subdivision 1203 Hillcrest Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to one or more subdivision
plans, in one or more phases, for the submitted photo-reduced subdivision plan of 1203
Hillcrest Road, and to any required public utility easements; (2) accept a cash-in-lieu
land for public purposes dedication for the proposed subdivision; and (3) authorize the
preparation and execution of a City/Developer subdivision agreement to ensure
provision of the required work and facilities, including detailed site and drainage plans
for the approval of the City Engineer.
Question being taken, the motion was carried.
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19. Proposed Subdivision 555 Woodward Avenue
(a) Walter Vincent Offer To Respond To
Council Queries; (b) Doug Mannette
Request to Address Council Re Proposal
Consideration was given to letters from (a) Walter Vincent advising that
he wishes to present himself to Council to answer any questions that may arise
pertaining to the proposed subdivision at 555 Woodward Avenue; and from (b) Doug
Mannette submitting a copy of a letter to the Planning Advisory Committee to Mr. Jim
Baird's attention including recommendations with respect to the proposed subdivision at
555 Woodward Avenue, and requesting to address Council in this regard.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that Messrs. Doug Mannette
and Walter Vincent be invited to address Council at this time in the above regard.
Question being taken, the motion was carried.
The Mayor suggested that Council should follow the procedure for a
public hearing for the above presentations, with Mr. Mannette to speak first followed by
Mr. Vincent.
Mr. Doug Mannette of 4 Cedarwood Drive addressed Council on the
basis of his understanding that Council has the ability to approve, reject, modify or
ensure that recommendations from the Planning Advisory Committee or those brought
forth at this time are acted upon; and asked Council to take into account, in considering
this matter, the need for Mr. Vincent to modify some of the proposed house models
scheduled to be built in the subdivision because, while 8 of the front lots in the
subdivision would be widened to 59 feet and 65 feet, the remaining 29 homes would be
built on the hillside on 49-foot wide lots, the smallest lots in Millidgeville, and the
anticipation that the developer would require further variances to make these homes fit
on the lots outlined in his plan. Mr. Mannette outlined the recommendations in his
above-mentioned letter to the Planning Advisory Committee, as well as a
recommendation for consideration of road widening from Boars Head Road to
Cedarwood Drive to better accommodate vehicular and pedestrian traffic; noted the
petition submitted with the Planning Advisory Committee's report to Council under item
18 on the agenda of this meeting; and advised the intent to look at a legal opinion with
regard to section 16(6) in the Subdivision By-Law and another engineering opinion with
respect to the placement of the street entrance for the proposed subdivision.
Mr. Mike Jones of 1 Cedarwood Drive explained that the problem
involves the inconsistency of developing high-intensity housing on 49-foot wide lots
across the street from Cedar Point Estates, a rural area inside the City with 100 by 150
foot lots, as the two do not mix in terms of content or aesthetics, and in addition the
proposed subdivision is also inconsistent with the nearby houses on Boars Head Road
which also have 100-foot lots; and expressed concern about the amount of traffic in the
area with the possible development of in excess of 100 homes and the only exit out of
Cedar Point Estates being Cedarwood Drive and along Woodward Avenue. Mr. Jones
asked that the City consider what should be done from a traffic point of view, and that
the lots in the proposed subdivision be increased to 100-foot lot sizes throughout the
whole subdivision proposed by Mr. Vincent; and noted the presence at the meeting of a
number of residents with concerns in this regard.
Mr. Walter Vincent, in addressing Council, explained that, while it would
be difficult for him to defend the zoning of the area in question as it was already in
place having been approved by Council previously, the first thing he considers when
buying property is the zoning and, although most people would probably rather have 80
or 90 or 100-foot lots, the case in question of providing 50-foot lots is a matter of
economics, meaning that he can generate more dollars because of the cost of
servicing, as servicing in this rocky area is very difficult and the cost would be great as
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SEPTEMBER 9, 1996
it would be necessary to include a storm sewer system across Woodward Avenue and
install underground wiring and services; and suggested that, if larger lots were required
in the area in question, they would sit dormant as no developer would develop them
because of the cost and the developer could not make enough money. Mr. Vincent
expressed the view that Millidgeville is not just for middle-or upper-class development
but is also a place for first-time home buyers and for retired people who want smaller
houses and smaller lots, thus there should be 50-foot lots in Millidgeville as there has to
be a variety; advised that all the houses would be 40-foot houses designed to fit on a
50-foot lot; and noted the Engineering Department's change of location of the road into
the proposed subdivision as a matter of safety and grades. Mr. Vincent also advised
the intent to cater to the first-time buyer market in that houses in the $140,000 to
$150,000 bracket are not selling now, and he has good reason to believe that he can
sell houses in the subject area for $100,000 to $120,000, and economics and a good
business sense would prevent him from developing larger lots. Mr. Vincent circulated a
brochure depicting the types of homes to be constructed in the proposed subdivision at
555 Woodward Avenue.
Mr. Baird apprised Council of the three styles of development recognized
in the Millidgeville Plan, including fully urbanized, suburban and rural development, with
the particular area of the proposed subdivision being an area that can accommodate
one- and two-family, and some town, houses to a full urban standard of "R-1A", "R-1 B",
"R-2" as well as townhouse development, and the site in question having been in the
"R-1 B" zoning category for at least the last 20 years, while the area across the street
including all of the larger Cedar Point Area is designated in the Plan as a suburban, not
a rural, area to which there is water and sewer service. Mr. Baird compared section
16(b) in the Subdivision By-Law which states that lots and blocks in any proposed
subdivision are to be of such standards, including widths and depths, so as not to
prejudice existing subdivisions in the immediate area, to the reference in the
Community Planning Act to both the Development Officer and the Planning Advisory
Committee being of the opinion that the proposed manner of subdivision will not
prejudice the possibility of further subdivision of land or the convenient subdivision of
adjoining land, this comparison done on the basis that, as it appears that the
Subdivision By-Law goes somewhat further than the Community Planning Act had
originally set out, it appears at this point that section 16(b) should have to the effect so
as not to prejudice future subdivision in the area, thereby reflecting the language in the
Act.
18. Planning Advisory Committee
Proposed Park Lane Estates
Subdivision 555 Woodward Avenue
Consideration was given to a report from the Planning Advisory
Committee submitting copies of Planning staff reports, a letter from D. Mannette and a
petition from residents of the Cedar Point area opposing the granting of the variance for
the street right-of-way to the Walter Vincent development at 555 Woodward Avenue
which were considered by the Committee in making its recommendation to Council.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to one or more subdivision
plans, in one or more phases, for the submitted photo-reduced subdivision plan of 555
Woodward Avenue, with the proposed future street, and any required municipal
services and public utility easements; (2) authorize the preparation and execution of a
City/Developer subdivision agreement to ensure provision of the required work and
facilities, including detailed site and drainage plans for the approval of the Chief City
Engineer; (3) authorize cost-sharing for the extension of municipal services outside the
limits of the proposed subdivision; and (4) request staff to examine and make a
recommendation regarding the following: (a) the construction of a sidewalk on the
northwest side of Woodward Avenue between Cedarwood Drive and Ragged Point
Road with a crosswalk to the proposed subdivision, as well as on a sidewalk on the
other side of the proposed subdivision; (b) the restriction of on-street parking along
both sides of Woodward Avenue in the area of the proposed development; (c) the
improvement of the existing street intersection of Boars Head Road, Woodward
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Avenue and Ragged Point Road; and (d) the run-off problems at the intersection of
Cedarwood Drive and Woodward Avenue.
At the Mayor's request, the mover and seconder of the motion agreed to
add to the motion the request that staff also examine and make a recommendation on
a sidewalk on the other side of the subdivision, and Mr. Baird made the observation
that the Subdivision By-Law deals with sidewalks and leaves the decision in this regard
with the Chief City Engineer, and noted that the matter of a sidewalk on the other side
of the proposed subdivision could be added to (4).
On motion of Councillor Trites
Seconded by Councillor Arthurs
RESOLVED that the above matter be
referred to the City Solicitor for one week for a report to Council.
Councillor Trites, in proposing the above motion, asked for an
interpretation of the clauses referenced by Mr. Baird in his above comments as to
whether or not Council could move to, and the ramification if Council should, not
approve the proposed subdivision.
Question being taken, the referral motion was carried.
Upon the Mayor's indication of her intent to recognize Councillors Brown
and Gould to speak in the above regard, Councillor Trites, on a point of order, advised
that his intent in making the referral motion was so as to avoid further discussion on a
matter on which the City Solicitor's opinion would still be required.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk