July 13 , 2010 the Regular Meeting of the St. John's Municipal Council

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July 13 , 2010 the Regular Meeting of the St. John's Municipal Council July 13th, 2010 The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today. His Worship the Mayor presided. There were present also: Deputy Mayor Duff; Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins. The City Manager, Deputy City Manager/Director of Corporate Services and City Clerk; Deputy City Manager/Director of Public Works and Parks; Director of Planning, Director of Engineering, City Solicitor and Manager, Corporate Secretariat were also in attendance. Call to Order and Adoption of the Agenda SJMC2010-07-13/396R It was decided on motion of Councillor Galgay; seconded by Councillor Collins: That the Agenda be adopted as presented with the following additional item: a. Request for a $4000 contribution towards the RNC Freedom of the City Dinner on August 18th, 2010 to be held at the Delta Adoption of Minutes SJMC2010-07-13/397R It was decided on motion of Deputy Mayor Duff; seconded by Councillor Hickman:That the minutes of the June 28th, 2010 meeting be adopted as presented. Proposed Rezoning of lands along Teakwood Drive, Southlands Under business arising, Council considered a memorandum dated July 5, 2010 from the Director of Planning regarding the above noted. - 2 - 2010-07-13 SJMC2010-07-13/398R It was moved by Councillor Hann: seconded by Councillor Hickman: That the following Resolution for St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 be adopted; which will then be referred to the Department of Municipal Affairs for Provincial registration in accordance with the requirements of the Urban and Rural Planning Act: URBAN AND RURAL PALLNING ACT, 2000 RESOLUTION TO APPROVE ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 82, 2010 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 484, 2010 Under the authority of section 16, 17, and 18 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council: a) Adopted St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 on the 14th day of June, 2010. b) Gave notice of the adoption of St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 by advertisements inserted in the Telegram newspaper on the 19th day of June 2010. c) Set the 5th day of July, 2010 at 7:00 pm at St. John’s City Hall for the holding of public hearing to consider objections and representations. Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council approves St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 as adopted. SIGNED AND SEALED this 13th day of July, 2010. ____________________________ Mayor ____________________________ City Clerk The motion being put was unanimously carried. - 3 - 2010-07-13 Notices Published 1. A Discretionary Use Application has been submitted by Gary Holden requesting permission to convert Civic No. 34 Bonaventure Avenue from a Single Detached Dwelling with a subsidiary apartment into a Multiple Dwelling Unit with three (3) dwelling units. The proposed Multiple Dwelling will provide three (3) on-site parking spaces, two (2) spaces by use of the garage and one space to be created fronting Belvedere Street. (Ward 2) Submission of Concern Submission by Applicant SJMC2010-07-13/399R It was moved by Councillor Galgay; seconded by Councillor O’Leary: That a decision on the application be deferred in order that City staff can review the on-site parking situation for the application, as per staff’s recommendation. The motion being put was unanimously carried. 2. A Change of Non-Conforming Use Application has been submitted by Shaun White requesting permission to convert Civic No. 274 Freshwater Road (former ‘Browne’s Auto Supplies Ltd’) to be used as a Take-Out only restaurant (Domino’s Pizza). The hours of operation are 11:00am-11:00pm each day. There are six (6) on-site parking spaces provided. (Ward 4) Letter of Objection Petition of Objection Petition of Support SJMC2010-07-13/400R It was moved by Councillor Hanlon; seconded by Councillor Hickman: That the application be approved. Councillor Hanlon noted that she visited the site of the proposed takeout only restaurant and felt that the use is comparable to the auto supply business currently operating from the site. The motion being put was carried with Councillor O’Leary dissenting. 3. An Extension of a Non-Conforming Use Application has been submitted by Donna & Barry Grenning for permission to construct a 50% extension of approximately 37.5 m2 to the existing dwelling located at Civic No. 242 Southern Shore Highway. The existing building is approximately 75 m2, and the proposed extension is 6.7m x 5.6m. It is located in the Bay Bulls Big Pond Watershed (W) Zone. (Ward 5) - 4 - 2010-07-13 SJMC2010-07-13/401R It was moved by Councillor Collins; seconded by Councillor Hanlon: That the application be approved. The motion being put was unanimously carried. Public Meetings Councillor O’Leary presented a public hearing meeting dated July 6th, 2010, which was held to discuss the Proposed Construction of a new Lawton’s Drug Store and Medical Clinic at the property located at Civic Number 11 Elizabeth Avenue (the site of the former Dominion Grocery Store at this address). SJMC2010-07-13/402R It was moved by Councillor O’Leary; seconded by Councillor Hanlon: That the land use assessment report dated June 23, 2010 that was prepared by Sheppard Case Architects Inc. for the project, be approved; and further, that Council grant an Approval-in-Principle to the new drug store and medical clinic building subject to the following conditions: a. The Development must be undertaken in accordance with the land use assessment report dated June 23, 2010; b. There must be an inter-connection for vehicular traffic between the properties at Civic Numbers 11-27 Elizabeth Avenue and the future new Piper’s Retail Store at Civic Number 33-37 Elizabeth Avenue and this inter-connection must be established and maintained in accordance with all requirements of the City’s Department of Engineering; and c. The Development must be undertaken in accordance with all applicable requirements of the St. John’s Development Regulations and all applicable requirements of the City’s Department of Engineering, Department of Building & Property Management, Department of Public Works and Parks and Department of Planning. The motion being put was unanimously carried. Committee Reports Development Committee Report dated July 6th, 2010 Council considered the following Development Committee Report dated July 6th, 2010: RECOMMENDATIONS OF APPROVAL: 1. Proposed Residential Subdivision - 5 - 2010-07-13 Gibbon’s Property – Connolly’s Lane/Valleyview Road (Ward 5) Applicant: Richard Gibbons It is the recommendation of the Development Committee that this application be granted Approval-in-Principle, subject to the following: i. Payment of the applicable Subdivision Application Fees, Development Fees and Civic Improvement Assessments as required under Section 6.4 of the St. John’s Development Regulations; and, ii. Compliance with all requirements of the Departments of Engineering, Planning and Public Works and Parks. 2. Proposed Extension to Existing Dwelling Applicant: Dave & Aimee Hiscock Civic No. 88 Ennis Avenue (Ward 1) Residential Low Density (R1) Zone It is the recommendation of the Development Committee to approve a 4 meter side yard clearance along the Hutton Road side of the property. RECOMMENDATION OF REJECTION 3. Change of Non-conforming Use Application Proposed Convenience/Retail Store Applicant: Ms. Karen Stirling 151 Signal Hill Road (Ward 2) Open Space (O) Zone It is the recommendation of the Development Committee that the application from Karen Stirling for the proposed confectionary/retail store be rejected. Ronald Penney, Chairperson City Manager SJMC2010-07-13/403R It was moved by Councillor Hann; seconded by Councillor Tilley : That the Committee’s recommendations be approved. The motion being put was unanimously carried. - 6 - 2010-07-13 Heritage Advisory Committee Report dated July 5, 2010 Council considered the following Heritage Advisory Committee Report dated July 5, 2010: Members: Deputy Mayor Shannie Duff Councillor Sheilagh O’Leary David Kelland, NL Association of Architects Anne Hart, Resident Representative Gerard Hayes, General Representative Melanie Del Rizzo, Business Tax Payer Glen Power, Downtown Development Commission Ken O’Brien, Manager of Planning & Information Peter Mercer, Heritage Officer Margaret Donovan, Tourism Industry Coordinator Karen Chafe, Recording Secretary Also present was Alicia Morrissey of the Telegram. Report: 1. 12 – 14 George Street: (Greensleeves) – Application for Glass Garage Doors The Committee considered the attached elevations for the installation of glass garage doors on the 2nd floor of Greensleeves on the George St. side and west facing elevation. The Committee recommends that the Heritage Officer consult with the applicant to find more appropriate door openings similar to those at Bridie Molloys which open out instead of up. The application is also subject to compliance with building code regulations. 2. 23 Rennies Mill Road – Application for Heritage Designation The Committee considered an application from Nolan Hall for heritage designation of 23 Rennies Mill Road. The Committee views the application for heritage designation of 23 Rennies Mill Road favourably and has asked staff to prepare the required forms for the development and review of a statement of significance. This documentation will have to be referred back to the Committee prior to making final recommendations on heritage designation. - 7 - 2010-07-13 3. Yellowbelly Brewery – Proposed Patio Plan The Committee considered the attached patio plan for Yellowbelly Brewery’s east side elevation at Beck’s Cove.
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