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City Council Public Hearing

Meeting Minutes1 of 17

June 14, 2005, ak

CITY COUNCIL PUBLIC HEARING MINUTES

Tuesday, June 14, 2005

PRESENT:S. Mandel; B. Anderson, J. Batty, T. Cavanagh, E. Gibbons, R. Hayter,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

ALSO IN ATTENDANCE:

G. Heaton, Corporate Services Department (Law)
D. H. Edey, City Clerk
A. Sinclair, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Mayor S.Mandel called the meeting to order at 1:35 p.m.

Councillor M. Nickel was absent.

A.2.ADOPTION OF AGENDA

MOVED M.Phair – J. Batty

That the June 14, 2005, City Council Public Hearing meeting agenda be adopted with the following additions:

L.1.f.Bylaw 13984 – To amend Bylaw 11618, as amended, being the OliverArea Redevelopment Plan

L.1.g.Bylaw 13985 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision;located south of 103A Avenue and west of 112 Street, Oliver

L.1.h.Bylaw 13998 – To amend Bylaw 7469, as amended, the West Ingle Area Redevelopment Plan

L.1.i.Bylaw 13999 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision; located at the northeast corner of 126 Street and 110 Avenue, Westmount

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Phair, L. Sloan, D. Thiele.

ABSENT:M. Nickel.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S.Mandel explained the public hearing process.

A.6.CALL FOR PERSONS TO SPEAK

A.Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

L.BYLAWS

L.1.a.Bylaw 13991 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (RSL) Residential Small Lot Zone; located south of
23 Avenue NW and east of Rabbit Hill Road NW, Magrath Heights

There were no persons present to speak to the passing of Bylaw 13991.

L.1.b.Bylaw 14003 – To close a portion of road right-of-way; located between 76 and 77 Avenues at Argyll Road, King EdwardPark

There were no persons present to speak to the passing of Bylaw 14003.

L.1.c.Bylaw 14004 – To amend the Zoning Bylaw from (PU) Public Utility Zone to (IM) Medium Industrial Zone; located west of 184 Street NW and south of 107 Avenue NW, Poundmaker Industrial

There were no persons present to speak to the passing of Bylaw 14004.

L.1.d.Bylaw 14008 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (AP) Public Parks Zone and (RSL) Residential Small Lot Zone; located south of 23 Avenue NW and east of Rabbit Hill Road NW, MagrathHeights and Mactaggart

S. O’Byrne, Stantec Consulting Ltd.(to answer questions in favour), and G.Taylor(in opposition) were in attendance to speak to the passing of Bylaw 14008.

Mayor S.Mandel asked if there was any objection to Bylaws 13984 and 13985 being read together. No one objected.

L.1.f.Bylaw 13984 – To amend Bylaw 11618, as amended, being the OliverArea Redevelopment Plan

L.1.g.Bylaw 13985 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision;located south of 103A Avenue and west of 112 Street, Oliver

R. Wales, Alldritt Development Limited, was in attendance to answer questions in favour of the postponement of Bylaws 13984 and 13985.

MOVED M.Phair – D. Thiele:

That Bylaws 13984 and 13985 be postponed to the June 27, 2005, City Council Public Hearing meeting at 2 p.m. / Planning & Dev.
Due:June 27, 2005
2 p.m.

A.Sinclair, Office of the City Clerk, answered Council's questions.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Phair, L. Sloan, D. Thiele.

ABSENT:M. Nickel.

Councillor M. Nickel entered the meeting.

L.1.b.Bylaw 14003 – To close a portion of road right-of-way; located between 76 and 77 Avenues at Argyll Road, King EdwardPark

L.1.c.Bylaw 14004 – To amend the Zoning Bylaw from (PU) Public Utility Zone to (IM) Medium Industrial Zone; located west of 184 Street NW and south of 107 Avenue NW, Poundmaker Industrial

MOVED B.Anderson – T.Cavanagh:

That the public hearing on Bylaws14003 and 14004 be closed.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 14003 and 14004 be read a first time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 14003 and 14004 be read a second time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 14003 and 14004 be considered for third reading.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 14003 and 14004 be read a third time. / Distribution List

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

L.1.a.Bylaw 13991 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (RSL) Residential Small Lot Zone; located south of
23 Avenue NW and east of Rabbit Hill Road NW, Magrath Heights 

P.Arendt, Planning and Development Department, answered Council's questions.

MOVED M.Phair – B.Anderson:

That the public hearing on Bylaw 13991 be closed.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED M.Phair – B.Anderson:

That Bylaw 13991 be read a first time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED M.Phair – B.Anderson:

That Bylaw 13991 be read a second time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED M.Phair – B.Anderson:

That Bylaw 13991 be considered for third reading.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED M.Phair – B.Anderson:

That Bylaw 13991 be read a third time. / Distribution List

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

L.1.d.Bylaw 14008 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (AP) Public Parks Zone and (RSL) Residential Small Lot Zone; located south of 23 Avenue NW and east of Rabbit Hill Road NW, MagrathHeights and Mactaggart 

S. O’Byrne, Stantec Consulting Ltd., made a presentation and answered Council's questions regarding the request for postponement.

G.Taylor made a presentation and answered Council's questions regarding the request for postponement. Copies of the request for postponement provided by G.Taylor were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

MOVED M.Phair – R.Hayter:

That Bylaw 14008 be postponed to the next City Council Public Hearing meeting.

LOST

FOR THE MOTION:R.Hayter, K.Leibovici, L.Sloan.

OPPOSED:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, K. Krushell, J. Melnychuk, M. Nickel,
M. Phair, D. Thiele.

G.Taylor made a presentation.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B.Anderson – D. Thiele:

That the public hearing on Bylaw 14008 be closed.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – D. Thiele:

That Bylaw 14008 be read a first time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – D. Thiele:

That Bylaw 14008 be read a second time.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – D. Thiele:

That Bylaw 14008 be considered for third reading.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – D. Thiele:

That Bylaw 14008 be read a third time. / Distribution List

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

Special City Council Public Hearing meeting – Bylaw 14041 and Amendment to Southeast Industrial Outline Plan

CouncillorD.Thiele requested the permission of City Council to make a motion without notice.

MOVED M.Phair – J.Melnychuk:

That Councillor D. Thiele be allowed to make a motion without notice to call a Special City Council Public Hearing meeting for September 22, 2005, from 9:30 a.m. to 9:30 p.m., to deal with Bylaw 14041and a resolution to amend the Southeast Industrial Outline Plan.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED D. Thiele – J.Melnychuk:

That City Council hold a Special City Council Public Hearing meeting on September 22, 2005, from 9:30 a.m. to 9:30 p.m. in Council Chamber, to deal with an application on Bylaw 14041, to amend the Zoning Bylaw on lands located south of 90A Avenue NW and west of 46 Street NW, Lambton Industrial, and a resolution to amend the Southeast Industrial Outline Plan.

A.Sinclair, Office of the City Clerk, answered Council's questions.

MOVED B.Anderson – M.Phair:

That Council hear from interested parties wishing to speak to the Motion on the Floor.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

R.Noce, Duncan and Craig, made a presentation.

E.Vlieg-Paquette made a presentation and answered Council's questions.

B.Keylor, Southeast Community League Association, made a presentation.

MOVED B.Anderson – M.Phair:

That Council recess for ten minutes.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

Council recessed at 2:30 p.m.

Council reconvened at 2:40 p.m.

Councillor B.Anderson was absent.

R.Noce answered Council's questions.

Councillor B.Anderson entered the meeting.

P.Arendt, Planning and Development Department; and D. H. Edey, City Clerk, answered Council's questions.

MOTION OF COUNCILLOR D. THIELE, put:

That City Council hold a Special City Council Public Hearing meeting on September 22, 2005, from 9:30 a.m. to 9:30 p.m. in Council Chamber, to deal with an application on Bylaw 14041, to amend the Zoning Bylaw on lands located south of 90A Avenue NW and west of 46 Street NW, Lambton Industrial, and a resolution to amend the Southeast Industrial Outline Plan. / Planning & Dev.
Due:Sept. 22, 2005
9:30a.m.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, T. Cavanagh,E. Gibbons,
R. Hayter, K. Krushell, K. Leibovici,J. Melnychuk,
M. Phair, L. Sloan,D. Thiele.

OPPOSED:J. Batty, M. Nickel.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S.Mandel explained the public hearing process.

A.6.CALL FOR PERSONS TO SPEAK

A.Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor S.Mandel asked if there was any objection to Bylaws 13998 and 13999 being read together. No one objected.

L.BYLAWS

L.1.h.Bylaw 13998 – To amend Bylaw 7469, as amended, the West Ingle Area Redevelopment Plan

L.1.i.Bylaw 13999 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision; located at the northeast corner of 126 Street and 110 Avenue, Westmount

B. Johns, Barry Johns Architecture Ltd.; R. Stiles-Oldring; J. Guidinger; J. Dow (in favour); and R. Silcox; C. Broomfield; and K. Betteridge (in opposition) were in attendance to speak to the passing of Bylaws 13998 and 13999.

MOVED B. Anderson – M.Phair (made at the May 25, 2005, City Council Public Hearing meeting):

That proposed Bylaw 13999, Schedule B, be amended as follows:

That Section 3. a) be replaced with the following:

a)Major Home-Based Business, as defined in Bylaw 12800, limited to the office of an architect and a floor area of 330 square metres, which shall not be used as a workplace for more than six non-resident employees of the business.

P.Arendt, Planning and Development Department, made a presentation.

B. Johns, Barry Johns Architecture Limited; and R. Stiles-Oldring made presentations and answered Council's questions.

J. Guidinger; and J.Dow made presentations.

C. Broomfield; K.Betteridge; and R.Silcox made presentations and answered Council's questions.

J. Want made a presentation.

Council recessed at 3:40 p.m.

Council reconvened at 4:02 p.m.

Councillors J. Batty, K.Leibovici and M.Phair were absent.

P.Arendt, Planning and Development Department, answered Council's questions.

Councillors J. Batty, K.Leibovici and M.Phair entered the meeting.

P.Arendt, Planning and Development Department; and K.Fung, Corporate Services Department (Law); answered Council's questions.

MOTION put:

That proposed Bylaw 13999, Schedule B, be amended as follows:

That Section 3. a) be replaced with the following:

b)Major Home-Based Business, as defined in Bylaw 12800, limited to the office of an architect and a floor area of 330 square metres, which shall not be used as a workplace for more than six non-resident employees of the business.

LOST

FOR THE MOTION:B.Anderson, T.Cavanagh,K.Krushell, K.Leibovici,
J.Melnychuk, M.Phair.

OPPOSED:S.Mandel; J. Batty, E. Gibbons, R. Hayter,
M. Nickel, L.Sloan,D. Thiele.

MOVED M.Phair – J.Melnychuk:

That Bylaws 13998 and 13999 be read a first time.

Members of Council requested that the motion be split for voting purposes.

MOTION ON FIRST READING OF BYLAW 13998, put:

LOST

FOR THE MOTION:K.Leibovici.

OPPOSED:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, J. Melnychuk,
M. Nickel, M. Phair, L. Sloan,D. Thiele.

MOTION ON FIRST READING OF BYLAW 13999, put:

LOST

FOR THE MOTION:B.Anderson, K.Leibovici.

OPPOSED:S. Mandel; J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Krushell, J. Melnychuk, M. Nickel,
M. Phair, L. Sloan, D. Thiele.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S.Mandel explained the public hearing process.

A.6.CALL FOR PERSONS TO SPEAK

A.Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

L.BYLAWS

L.1.e.Bylaw 13839 - To amend Bylaw 11648, as amended, being the Central McDougall/Queen Mary Park Area Redevelopment Plan 

G. Christenson and B. Golightly, Christenson Developments Ltd.; L. Wensel, Donovans Ltd.;
D. Kelly, Carma Developers Ltd.; E. van der Poorten; D. Hamilton, GMH Architects;
A. Swyripa, Landex Investments Company; O. Shinkewski, GDC Investment; W. Champion, Central McDougall Community League; D. Peaker, Co-chair, Community Action Coalition; (in favour), and B. Biglow (in opposition) were in attendance to speak to the passing of Bylaw 13839.

M. Hall, Planning and Development Department, made a presentation.

G. Christenson, and B. Golightly, Christenson Developments Ltd., made presentations and answered Council's questions.

G.Heaton, Corporate Services Department (Law), answered Council's questions.

B. Golightly, Christenson Developments Ltd., answered Council's questions.

Council recessed at 5:30 p.m.

Council reconvened at 7 p.m.

Deputy Mayor M.Phair presided.

Mayor S.Mandel and Councillors T. Cavanagh, R.Hayter and J.Melnychuk were absent.

Copies of a presentation provided by E.van der Poortenwere distributed to Members of Council and a copy was filed with the Office of the City Clerk.

L. Wensel, Donovans Ltd., made a presentation and answered Council's questions.

Councillors T.Cavanagh and J.Melnychuk entered the meeting.

D. Kelly, Carma Developers Ltd.; and D. Hamilton, GMH Architects, made presentations and answered Council's questions.

Councillor R.Hayter entered the meeting.

A. Swyripa, Landex Investments Company, made a presentation and answered Council's questions. Copies of a letter dated June 14, 2005, from Landex Investments Company were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

W.Champion, Central McDougall Community League, made a presentation. Copies of a handout provided by W.Champion were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

Mayor S.Mandel entered the meeting. Deputy Mayor M.Phair vacated the Chair and Mayor
S.Mandel presided.

W.Champion, Central McDougall Community League, answered Council's questions.

D. Peaker, Community Action Coalition; and M.Raimondi, BCM Developments, made presentations and answered Council's questions. Copies of the presentation provided by
D. Peaker were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

G. Heaton, Corporate Services Department (Law); and M. Hall, Planning and Development Department, answered Council's questions.

W.Mah made a presentation.

B. Latte, Transportation and Streets Department; M. Hall, Planning and Development Department; and G.Heaton, Corporate Services Department (Law), answered Council's questions.

MOVED J. Batty – M.Phair:

That proposedBylaw 13839 be amended:

  1. By deleting section 1(s) and replacing it with the following:

1 (s)In the "ACTION PLANS" section, "Transportation" sub-section deleting in its entirety under the "The Reality" sub-section, the paragraph beginning with "Three potential future routes…" (page 51), and replacing it as follows:

"City Council approved plans in January 2005 for a high speed transit corridor (e.g. bus rapid transit in the short term. Light Rail Transit in the long term) through the Central McDougall neighbourhood from 105 Avenue going north to NAIT."

  1. By deleting section 1 (u) and replacing it with the following:

1 (u)In the "ACTION PLANS" section, "Transportation" sub-section deleting in its entirety under the "Longer Term Actions" sub-section, item "4. 105 Avenue" (page 54), and replacing it as follows:

4. Maintain, as part of 105 Avenue, the Multi-use Trail Corridor facility and any associated streetscape improvements, an LRT corridor from 101 Street to 105 Street.

  1. By removing reference a Potential High Speed Transit Corridor on 105 Avenue from 105 Street to the west plan boundary from Schedule G, page 36 of 52 - Map 8.
  2. By deleting the last two sentences of the 2nd paragraph in Schedule G, page 40 of 52 - Transportation, High Speed Transit.
  3. By deleting the last two sentences of the 1st paragraph Schedule G, page 41 of 52 - Transportation, Traffic Review.
  4. By removing reference to a Potential High Speed Transit Corridor on 105 Avenue from 105 Street to the west plan boundary from Schedule G, page 42 of 52 - Map 9.

B. Latte, Transportation and Streets Department; and M. Hall, Planning and Development Department, answered Council's questions.

Carried

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.