Common use of Discussion Clause in Contracts

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development is consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land uses.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise has determined that the proposed development is consistent with the intent of MPS, particularly Implementation Policy 3.14. HRM Building Officials have reviewed the MPSproposed plans and indicated that at the building permit stage, the building and the proposed unit will require detailed review and may need upgrades to meet current building code standards. Attachment C B provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering The following issues are highlighted for detailed discussion: Residential uses are typically considered less intensive than commercial uses, as commercial uses generate a higher frequency of visits to the mixed nature of land uses located on property, and around the subject site, which includes residentialmay have impacts from increased traffic, commercial signage, and institutional type usesgarbage. The proposed fifth unit is in keeping with the residential character of the neighbourhood. To ensure compatibility with the neighbourhood, the proposed development presents an will be generally consistent with the intent of the Peninsula North Secondary Plan, which allows internal conversions of existing buildings provided that there is no increase in the height or volume of the building. Under the present zoning, existing buildings in this area may be converted to up to 4 residential units, provided that there is no increase in the height or volume of the building and at least one of the units in the converted building contains two or more bedrooms. Although this proposal would allow one additional residential unit than what would be permitted under the existing zoning, staff advise that five residential units are appropriate given the size of the site and beneficial opportunity for comprehensive site planningthe existing building. As Schedule Q additional parking is currently applied to a large area of not required for an internal conversion for residential units in the Peninsula North that area and the area is designated Major Commercialwell-served by public transit, only the existing three parking spaces are required under the proposed development represents a small expansion agreement. The portion of the area under the Schedule (Map 3)rear yard not used for parking shall be maintained as landscaped open space. The proposal will benefit was reviewed by the Districts 7 & 8 Planning Advisory Committee (PAC) on September 22, 2014. A report from the controls and flexibility that the development agreement process provides, in turn reducing the potential PAC will be submitted to Community Council under separate cover. The Committee had no recommendations for land use and design conflicts. Attachment B contains inclusion within the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land usesagreement.

Discussion. Staff has reviewed the proposal relative to all relevant the applicable policies of the MPS and advise are of the opinion that the proposed development proposal is consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS all applicable policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the following matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One Staff are of the key considerations when reviewing an application within Schedule Q opinion that the scale of development proposed is consistent with the compatibility intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed land use addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing neighbourhood building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the mitigation years and is intended to remain unchanged. The parking standards of potential impacts the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that could potentially arisethis parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. These aspects were considered as follows: • The It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site is located in of the future Home Hardware property at 00000 Xxxxxxx #0 (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to properties the site. This includes a vacant lot across the street that recently received Council’s approval is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for development agreements under Schedule Q parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). Approved proposals include 7 to 8-storey residential In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted assembly uses as- of-right right. To minimize impacts on parking and access due to a change in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumesuse, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building provides an appropriate response footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to surrounding land usesPolicies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategy.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development is consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature The following issues have been identified for more detailed discussion. The inclusion of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, site in Schedule L will allow the proposed development presents an appropriate and beneficial opportunity for to benefit from comprehensive site planning. As Schedule Q , which is currently applied to a large area of Peninsula North that is designated Major Commercial, achieved through the proposed development represents a small expansion of the area under the Schedule (Map 3)agreement process. The subject site is within a minor commercial node and the development proposal will benefit from the controls and flexibility that are provided through the development agreement process provides, in turn reducing the potential for land use and design conflictsprocess. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the The proposed development agreement includes conditions that addressaddresses the following matters: • permitted residential the types of commercial uses (and their location at the ground-level along Oxford Street; • a maximum of 35 29 residential units are permitted, which includes a mix of three bedroom; two bedroom; one bedroom and bachelor units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, lighting and lightingmaximum building height requirements; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping requirements for terrace/rooftop landscaped areasat grade amenity space and the requirement of planter boxes where the property abuts Oxford Street; • building services, maintenance and waste facilities; and • options for limited various non-substantive amendments by resolution of Community Council, including: signage requirements a small increase in residential units, changes to the parking requirements, landscaping details, and changes to timeframes for development. The attached development agreement will permit a mixed use development that is anticipated to be compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land uses.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development it is reasonably consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and amending development agreement in relation to the relevant MPS policies. Considering the mixed nature of the surrounding land uses located on and around the subject site, which includes residential, commercial and institutional type usesabutting existing development agreement, the proposed development presents an property has been assessed by staff as appropriate and beneficial opportunity for comprehensive site planningmixed use development. As Schedule Q “Q” is currently applied to a large area portions of Peninsula North that is are designated Major Commercial, application to the proposed development property at 0000 Xxxxxxxxx Xxxxxx represents a relatively small expansion of the area under the Schedule (Map 3). However, the incorporation of the property at 0000 Xxxxxxxxx Xxxxxx into the abutting development presents a significant opportunity for further comprehensive site planning along Gottingen Street between Xxxxx and Macara Streets. The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for provides to reduce future land use and design conflicts. Attachment B contains the proposed amending development agreement for the subject site and the conditions under which the development may occur. In summary, The proposed amending agreement addresses the proposed development agreement includes conditions that addressfollowing matters: • permitted residential Residential uses (limited to a maximum of 35 units, 63 units with a minimum of 13 two-bedroom 25 of those units and 2 two-bedroom+den unitscontaining two or more bedrooms); • ground floor minor commercial usesMaximum building height of 25.9 metres (85 feet); • building mass, architectural, signage, Minimum 232.2 square metres (2,500 square feet) of a combination of landscaped open space and lightingrecreational space. A minimum 107.7 square metres (1,160 square feet) of landscaped open space required on level 2; • Minimum of 41 vehicular parking (bicycle and vehicular), circulation and site accessspaces; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilitiesBicycle parking requirements; and • options for limited non-substantive amendments by resolution Time extensions to commencement of Council, including: signage requirements construction and changes to timeframes for developmentcompletions dates. The attached proposed amending development agreement will permit a mixed mixed-use development that is compatible and appropriate with building, subject to the neighbourhoodcontrols identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One Case 21321: LUB and Development Agreement Amendments 0000 Xxxxxxxxx Xxxxxx, Xxxxxxx Community Council Report - 6 - September 12, 2018 To achieve investment in commercial and residential redevelopment, the MPS requires that Council consider “the relationship of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood new development to adjacent properties and uses” and “the mitigation of impacts on the amenity, convenience and development potential impacts that could potentially ariseof adjacent properties through effective urban design and landscape treatment”. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial Substantial building heights and massing are achievable on this site and throughout through the area as-of-right permitting process in this area. However, the existing development agreement addresses design and without compatibility issues, resulting in a building of greater density with less massing and height than could be achieved in an as-of-right situation. The addition of the requirement property at 0000 Xxxxxxxxx Xxxxxx and the addition of an eighth storey enabled under the amending development agreement still results in a building of less massing and potentially height (depending on setbacks) that could be achieved in an as-of-right situation. The proposed height is consistent with building height recently approved by Community Council on the adjacent property at the corner of Gottingen and Macara Streets (Case 20149). The MPS encourages effective urban design treatments and the use of high quality exterior building materials. These elements were regulated through the existing development agreement and no changes have been made to the existing requirements for community consultationbuilding materials, Councilstreetwall height, or signage. To minimize potential land use conflicts, commercial uses were limited in the existing agreement to those permitted in the C-2A (Minor Commercial) Zone (with the exception of service stations and billboards). No changes to these limitations are proposed. The design controls; • of the proposed building also includes measures to reduce land use conflict such as larger setbacks from the neighbouring property line for the upper stories of the building. A further increased setback of 20 feet at the eighth level is proposed to mitigate impacts from the additional storey. Setbacks for all other stories have remained the same as those approved in the existing development agreement. MPS policy encourages vehicular traffic to use principal streets and discourages traffic from infiltrating through existing neighbourhoods. However, the Streets Bylaw S300 requires driveways to be on the lower volume street whenever possible. A traffic impact statement prepared by the applicant’s consultant was reviewed by HRM and was deemed acceptable. While the primary residential access and parking entrance is proposed on Xxxxx Street, commercial customers accessing the building will use the entrance from Gottingen Street. The site is located along major transit routes. MPS policy calls for on-site open space and leisure areas which are adequate for the building residents. The original agreement requires a minimum of 153.66 square metres (1,654 square feet) of a combination of indoor and outdoor common amenity space, including a minimum of 112.41 square metres (1,210 square feet) being located on a second-floor outdoor patio. The proposed amending development agreement requires an increase of amenity area/landscaped space proportional to the larger building size and increased unit count. This results in a minimum of 232.2 square metres (2,500 square feet) of landscaped open space and recreational space, including a minimum of 107.7 square metres (1,160 square feet) of landscaped open space required to be located on the 2nd level of the development. Additional roof top amenity space is permitted on the upper levels. The existing development agreement requires a detailed landscaping plan prepared by a landscape architect when applying for the development permit. The development agreement reduces allowable massing and height below what is permitted as- of-right requires a minimum of 41 interior parking spaces which equates to approximately 0.65 parking spaces per unit. Staff consider the need for parking in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the a building based on it’s location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets transit connections, opportunities for active transportation and the community desire for less costly housing. This building is well located with moderate traffic volumesregular and frequent bus service on Gottingen and Xxxxx Streets. Minimizing the required number of parking spaces can reduce construction costs which can contribute to less costly units. Under these circumstances, staff support the proposed building provides an appropriate response to surrounding parking requirements. Case 21321: LUB and Development Agreement Amendments 0000 Xxxxxxxxx Xxxxxx, Xxxxxxx Community Council Report - 7 - September 12, 2018 Staff have reviewed the application in terms of all relevant policy criteria and advise that the proposal is reasonably consistent with the intent of the Halifax MPS. Staff recommend that the Halifax and West Community Council approve the proposed land usesuse by-law amendment (Attachment A) and proposed amending development agreement (Attachment B).

Discussion. Staff has reviewed The project consists of replacing an existing single span 22’ steel xxxxxxxx bridge with a 2 barrel 13’ x 6’ cast-in- place RCBC. The proposed box culvert will be in the proposal relative to all relevant policies same location as the existing bridge location. The existing surfacing on the road is gravel and advise that will be resurfaced with gravel upon completion. Minimal grading at the proposed development box culvert location is consistent with anticipated, therefore, the intent material shall be compacted using the Ordinary Compaction Method. A subsurface investigation was conducted for the proposed RCBC. The subsurface investigation consisted of placing a boring near both the proposed inlet and outlet ends of the MPSstructure and logging the material to 3 feet below the flow line. Attachment C provides an evaluation Samples were collected from below the flow line for soils classification. A dynamic cone penetrometer was used at both the inlet and outlet ends to identify the change in relative density of the subsurface material below flow line. Subsurface soils at the proposed LUB amendment site consist of brown silt-clay to 3’ below the existing flow line. The 2’ undercut depth is recommended to remove the low strength soils with high shrink-swell potential from below the box culvert. The following paragraphs shall be placed in the plans: Compaction of earth embankment and development agreement in relation box culvert backfill material shall be governed by the Ordinary Compaction Method. Any questions about the recommendations or the subsurface conditions can be directed to the relevant MPS policiesCONSULTANT CONTACT NAME AND PHONE NUMBER. Considering Bridge Improvement Grant Initial NBI Inspection Requirement The County / City will require the mixed nature construction engineering firm or their subconsultant, either of land uses located which must be on and around the subject siteSDDOT’s current consultant retainer for local bridge inspection, which includes residentialto perform an initial NBI inspection of the structure, commercial and institutional type usesensuring a qualified Team Leader is on site for the inspection. Within 90 days of the structure being opened to traffic, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major CommercialCounty / City will submit the completed report, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process providesBrM coding sheets, in turn reducing the potential for land use and design conflicts. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summaryplans, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signageapplicable load ratings, and lighting; • parking (bicycle and vehicular)approved shop plans for girders, circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zonereinforced concrete box culverts, and mitigates the effects of the proposal in this mixed use area; and • Due other applicable items, to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land usesSDDOT’s LGA Bridge Inspection Engineer.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development it is reasonably consistent with the intent of the MPS. Attachment C B provides an evaluation of the proposed LUB amendment and amending development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B A contains the proposed amendments to the existing development agreement for the subject site and the conditions under which the development may occur. In summary, the The proposed amended development agreement includes conditions that addressaddresses the following matters: • permitted residential uses (The maximum number of 35 dwelling units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial usesThe location of driveways, location of surface parking areas and number of parking spaces; • building mass, architectural, signage, The location of landscaping and lightingpedestrian features; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • Schedule changes to the architectural detail of the building services, maintenance and waste facilitiesto update the window placement to correspond with internal changes to the layout; and • options for limited non-substantive amendments by resolution Amendments to commencement and completion of Council, including: signage requirements and changes to timeframes for developmentdevelopment dates. The attached amending development agreement will permit a mixed use development that is compatible and appropriate with multi-unit building, subject to the neighbourhoodcontrols identified above. Of the matters addressed by the proposed amending development agreement to satisfy the MPS criteria as shown in Attachment CB, the following have been identified for more detailed discussion. One Case 22708: Amending Development Agreement Fourth St, Bedford Community Council Report - 4 - December 14, 2020 The MPS policy requires that any multi-unit building be developed in accordance with the RMU Zone. The RMU Zone has density requirements that require 1,500 sq. ft of lot area per bachelor and 1 bedroom unit and 2,000 sq. ft for units with two or more bedrooms. In order to meet this requirement with the increased number of units, the applicant must increase the size of the key considerations when reviewing lot. To accommodate this, they are proposing a boundary alteration to add land from an application within Schedule Q adjacent property that is located on Bedford Highway to this lot. This will happen prior to permits being issued for the compatibility proposal. Staff have reviewed the proposal and note that it does comply with all of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects requirements of the RMU Zone. The MPS policy recommends that significant vegetation stands be retained, where possible. This concern was also brought up by the public at the PIM. The applicant updated the proposal in this mixed use area; after the public and • Due PAC meetings to reduce the location number of parking spaces, thus reducing the size of the subject site on a corner lot, within a transitioning neighbourhood and surface parking lot in relation order to local streets with moderate traffic volumes, enlarge the proposed building provides an appropriate response to surrounding land useslandscape area. Staff advise that the proposal meets the intent of the policy.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development is reasonably consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal Once the site is included within Schedule Q, Community Council will benefit from be able to exercise control over the controls and flexibility that the development agreement process providesdesign of any project containing more than four residential units, in turn reducing the potential for land use and design conflictsconflicts that can arise with as of right development in the C-2 zone. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 66 units, with a minimum of 13 3 three-bedroom units, 19 two-bedroom units units, and 2 twothe remainder being one-bedroom+den bedroom and studio units); • ground floor minor commercial usesuses with a floor area up to 4000 square feet; • building massmassing, architectural, signagearchitectural design, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areasareas and amenity space; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements the ability to increase the unit count by no more than 6 units provided there is no increase in the height or mass of the building, changes to hours of operation and times for service deliveries and waste collection, and changes to timeframes for development. The attached development agreement will permit a mixed use development that that, on balance, is compatible and appropriate with the neighbourhoodneighbourhood and consistent with other approved Schedule Q projects in the area. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood neighbourhood, and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to other properties that recently which have received Council’s Council approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 5 to 8-storey residential and mixed use buildings which consist contain a mix of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or no design controls, and no review by Council; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 ZoneZone for commercial uses, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood neighbourhood, and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land uses.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development is reasonably consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal Once the site is included within Schedule Q, Community Council will benefit from be able to exercise control over the controls and flexibility that the development agreement process providesdesign of any project containing more than four residential units, in turn reducing the potential for land use and design conflictsconflicts that can arise with as of right development in the C-2 zone. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: •  permitted residential uses (maximum of 35 66 units, with a minimum of 13 3 three-bedroom units, 19 two-bedroom units units, and 2 twothe remainder being one-bedroom+den bedroom and studio units); •  ground floor minor commercial usesuses with a floor area up to 4000 square feet; •  building massmassing, architectural, signagearchitectural design, and lighting; •  parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop  landscaped areasareas and amenity space; •  building services, maintenance and waste facilities; and •  options for limited non-substantive amendments by resolution of Council, including: signage requirements the ability to increase the unit count by no more than 6 units provided there is no increase in the height or mass of the building, changes to hours of operation and times for service deliveries and waste collection, and changes to timeframes for development. The attached development agreement will permit a mixed use development that that, on balance, is compatible and appropriate with the neighbourhoodneighbourhood and consistent with other approved Schedule Q projects in the area. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood neighbourhood, and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: •  The site is located in close proximity to other properties that recently which have received Council’s Council approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 5 to 8-storey residential and mixed use buildings which consist contain a mix of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; •  Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or no design controls, and no review by Council; •  The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 ZoneZone for commercial uses, and mitigates the effects of the proposal in this mixed use area; and •  Due to the location of the subject site on a corner lot, within a transitioning neighbourhood neighbourhood, and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land uses.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise determined that the proposed development is consistent with the intent of the MPS. Attachment C E provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on policies (P-100 and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3P-155). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B A contains the proposed development agreement for the subject site property and the conditions under which the development may occurapplicant must comply. In summary, The proposed agreement addresses the proposed development agreement includes conditions that addressfollowing matters: • permitted residential uses (maximum addition of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units)new lands; • ground floor minor commercial usesoutdoor storage; • building mass, architectural, signage, and lightinglandscaping; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilitieshours of operation; and • options parking. Attachment B contains the proposed discharging development agreement for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for developmentthe subject property which would remove the existing use (truck maintenance yard) as a permitted land use from the lands. The Staff advises that the attached development agreement will permit a mixed use commercial development that is compatible and appropriate with for the neighbourhoodsite while balancing the needs of the surrounding community. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment Cagreement, the following have been identified for more detailed discussion. One There is an existing development agreement applied to the subject lands and an adjacent parcel (1495 Cobequid Road) which enables storage of construction equipment and operation of a maintenance facility. The lands covered by the agreement are no longer in the original ownership and neither current owner wishes to operate the land use enabled by the existing development agreement. Thus, it is appropriate to discharge the existing development agreement (Attachment B). Due to the industrial nature of the key considerations when reviewing an application within Schedule Q is existing buildings on the compatibility lands, and their lack of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units frontage on upper floors; • Given the commercial zoning that is applied major roads in the area, substantial building heights area (Rocky Lake Drive and massing Cobequid Road) they are achievable on this site and throughout the area as-of-right and without the requirement not ideally suited for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is most commercial land uses permitted as- of-right in the C-2 (Community Commercial) Zone. Policy P-100 (Attachment E) enables consideration of either a change of use or an expansion of the existing use. The proposal is to enable uses which are appropriate for the current building and staff have reviewed the I-3 (Light Industrial) in the Planning Districts 14 and 17 Land Use By-law for guidance on light industrial land uses which may be appropriate for the buildings. Staff recommend that in addition to the uses permitted in the C-2 (Community Commercial) Zone, the following uses are appropriate for the existing site and mitigates the effects existing buildings: • Parking Lot; • Building Supply Outlet; • Warehousing; • Wholesale operations; • Service Industry1 not including heavy equipment repair, auto body repair shop, truck depot or paint shop; • Service and repair of the proposal in this mixed use areaautomobiles; and • Due Light manufacturing, assembly uses which are not obnoxious. Land uses such as truck depots, paint shops, heavy equipment repair and auto body shops were specifically excluded due to concerns with compatibility. Further staff have included limits to the location number of commercial vehicles on the subject site on a corner lot, within a transitioning neighbourhood and in relation lands (maximum 10) to local streets with moderate traffic volumes, restrict the proposed building provides an appropriate response to surrounding land usesscale of commercial development.

Discussion. Staff has have reviewed the proposal relative to all relevant policies and advise that the proposed development it is reasonably consistent with the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment rezoning and development agreement in relation to the relevant MPS policies. Considering Attachment A contains the mixed nature of land uses located on and around proposed amendment to the subject siteLand Use By-law for Eastern Passage/ Cow Bay, which includes residential, commercial and institutional type usesan amendment to Schedule A (zoning map) to rezone the subject site to CDD (Comprehensive Development District). The proposed rezoning of the site meets the criteria found in Policy UR-13 of the MPS (Attachment C). Specifically, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q development: • is currently applied to capable of utilizing existing services; • includes a large minimum land area of Peninsula North that is designated Major Commercial5 acres; • contains a mix of housing types found in the Eastern Passage area, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit which does not detract from the controls community’s residential character; and flexibility that • provides adequate and useable lands for community facilities and private parks on-site, and benefits from public open space immediately adjacent the development agreement process provides, in turn reducing the potential for land use and design conflictssite. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the The proposed development agreement includes conditions that addressaddresses the following matters: • permitted residential uses (the scale of the proposed multi-unit buildings, which are limited to 4 storeys in height and a maximum of 35 units, with a minimum of 13 two-bedroom 12 residential units and 2 two-bedroom+den units)per building; • ground floor minor commercial usesdetailed provisions regarding the location and size of the buildings and lots on the site, including but not limited to minimum lot area, frontage, maximum lot coverage, minimum setbacks from the property lines; • building massthe exterior design of the multi-unit buildings and stacked townhouse dwellings, architectural, signage, and lightingwhich will be subject to schedules in the agreement; • allowances for phasing and subdivision of the land where frontage is provided by the new public street, including exemptions for two townhouse-style dwellings, which will not have frontage on the street; • the agreement includes a conceptual site plan to address the location of useable landscaped areas, driveway and vehicular parking (bicycle areas, pedestrian walkways, in addition to proposed building locations; • limits on the size and vehicular)use of commercial spaces in the multi-unit buildings; • requirements for minimum parking space numbers, circulation sizes, location and site access; • detailed landscaping requirements for terrace/rooftop the private landscaped areas; • building services, maintenance areas and waste facilitiesscreening along the southeast property line to help reduce impacts on abutting residential development; and • options for limited minor changes, if necessary, to various aspects of the development, including potentially replacing the 6-unit stacked townhouses with 12-unit multiple-unit dwellings, provided the building footprint and height is not increased in size, through the non-substantive amendments by resolution of Councilamendment process. Case 23724: Rezoning/ Development Agreement 0000 Xxxxx Xxxx, including: signage requirements and changes to timeframes for development. Xxxxxxx Xxxxxxx Community Council Report - 6 - July 6, 2023 The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhoodproposed development, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment CB, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumes, the proposed building provides an appropriate response to surrounding land uses.

Discussion. In order to allow the proposed addition to proceed, a portion of the abandoned storm sewer must be removed. Staff will support this development if the applicant takes responsibility for removal of the sewer under the proposed addition and cap and fill the remaining sewer pipe section under the existing house with concrete. The applicant has reviewed the proposal relative to all relevant policies and advise requested that the proposed development is consistent with City pay for the intent entire cost for removal of the MPSaffected portion of sewer pipe. Attachment C provides an evaluation The applicant was aware of the proposed LUB amendment and development agreement in relation to easement at the relevant MPS policies. Considering the mixed nature time of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion. One of the key considerations when reviewing an application within Schedule Q is the compatibility of the proposed land use with the existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and throughout the area as-of-right and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location purchase of the subject property, however, staff is of the opinion that a contribution by the City for removal is warranted as the unused sewer pipe was part of the City’s infrastructure and was not fully decommissioned when the diversion sewer was constructed. Staff are limited in understanding the rationale taken by municipal staff at that time; however a large sewer such as this should have been filled at the time of decommissioning. In discussion with staff who have been employed with the City for some time, there may be two or three homes in older areas of the City that have a similar situation as this one. However, those locations may be a non-issue as there may be no pending conflict between house and the abandoned sewers. Staff contacted neighbouring municipalities and they do not have a standard for this type of situation. The applicant has submitted two quotes for the removal of the sewer and staff also obtained two quotes. The bid from Xxxxxxx Construction has been selected as this was the lowest quote. This is acceptable to staff and it is further recommended that the City pay 75% towards the cost for removing the storm sewer under the proposed addition. The applicant will be responsible for the remaining amount. As part of the site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumesplan approval process, the City will require the owner to enter into a development agreement which sets out specific conditions to ensure the removal of approximately 5.0 meters of pipe under the proposed building provides an addition and to cap the ends of the pipe to the satisfaction of the Director of Engineering. The easement will remain in place for the storm sewer in order to avoid further encroachment of a similar nature on the remainder of the unused sewer. This situation is a fairly unique situation. From a policy perspective Report No. E67/08 (Residential Drainage Assistance Program) addressed a variety of potential flooding/drainage problems on private properties. Scenario 6 of Appendix C of that report captures some similar aspects of this situation. (Attached her as “Appendix B”) Notwithstanding the respective responsibilities presented in Scenario 6, staff feel a homeowner’s contribution for this situation is appropriate response for two reasons. Firstly, the City already took steps at considerable expense in the 1960’s to surrounding land usesdivert the sewer and it’s outlet from this lot and secondly the easement for this sewer has in fact be in place since 1957. As part of the cost-sharing provisions within the development agreement, the owner will have to indemnify and save harmless the City from any future damages, claims or actions due to the construction of the addition and/or removal of the unused storm sewer pipe.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the proposed development it is reasonably consistent with the intent of the MPS. Attachment C B provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject siteCase 23293: Development Agreement Beaver Bank Road, which includes residentialBeaver Bank Community Council Report - 4 - December 12, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. 2022 Attachment B A contains the proposed development agreement for the subject site and which sets out the conditions under which the development may occur. In summary, the The proposed development agreement includes conditions that addressaddresses the following matters: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units)Site development details; • ground floor minor commercial usesArchitectural requirements; • building mass, architectural, signage, and lightingParking provisions for motor vehicles; • parking (bicycle and vehicular)Landscaping provisions, circulation and site accessincluding requirement for landscape plan to be prepared; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilitiesRequirements relative to maintenance; and • options for limited Matters able to be considered in future as non-substantive amendments by resolution of Councilchange to the agreement, including: signage requirements such as the landscaping requirements; and changes extensions to timeframes for developmentthe commencement and completion times. The attached development agreement will permit a mixed use development that is compatible and appropriate with four storey 46-unit apartment building, subject to the neighbourhoodconditions identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment CB, the following have been identified for more detailed discussion. One of Policies UR-8 and IM-13 both direct Council to ensure controls are placed on the key considerations when reviewing an application within Schedule Q is the compatibility proposed development to reduce conflict with any adjacent or nearby land uses in regards to height, bulk and lot coverage of the proposed land use with building. To reduce the existing neighbourhood visual perception of bulk, the roof line introduces a stepping form that varies in height. The lower portions of the stepped roof have corresponding recessed sidewalls that articulate the building and break up the mitigation overall mass. The proposed building uses traditional character forms of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8xxxxx-storey residential and mixed use buildings ended roofs which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied are predominant in the area, substantial building heights ; the pitched roof and massing are achievable on this site the stepped height respect local forms and throughout styles. The proposed development will be set within an area containing lot sizes and layouts of inconsistent character. This is likely due to the area as-of-right acute intersection of Beaver Bank Road and without the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing Windgate Road and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects a remnant of the proposal Old Beaver Bank Road (that edges the interior of the subject site) in this mixed use area; and • Due addition to the historic location of the railway. The proposed lot coverage of 25% is less than other residential lot coverage requirements under the LUB. Typical requirements are set at 35% for single detached, semi-detached and townhouses and 50% for multiple unit buildings, but because of the varied site characteristics surrounding the subject site on a corner lot, within a transitioning neighbourhood and in relation to local streets with moderate traffic volumessite, the proposed building provides an appropriate response to surrounding land usesdifference will likely be unnoticeable.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise determined that the proposed development is consistent with the intent of the MPS. Attachment C B provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B A contains the proposed development agreement for the subject site property and the conditions under which the development may occurapplicant must comply. In summary, The proposed agreement addresses the proposed development agreement includes conditions that addressfollowing matters: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architecturalarchitectural design, signage, lighting and lightingmaximum building height requirements; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areasthroughout the site; especially surrounding property lines; • building servicesthe accommodation for the future development of Active Transportation Linkages, maintenance such as a sidewalk and waste facilitiesmulti-use trail; and • options for limited various non-substantive amendments by resolution of Council, including: signage requirements including minor changes to the placement and architectural design of the building and changes to the timeframes for development. The In staff’s opinion, the attached development agreement will permit a mixed use multi-unit residential development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment Cagreement, the following have been identified for more detailed discussion. One The proposed building is terraced into three sections to reflect the grade of the key considerations when reviewing an application within Schedule Q is property. Although the compatibility overall height of the building is 7 storeys due to the grading on the site, the residential floors vary from 5-7 storeys, which is in keeping with heights of neighbouring multiple unit buildings. Further, the terraced design of the building provides the opportunity to use portions of the roof as landscaped open space. The proposed land use with development agreement requires a mix of building materials to further break up the existing neighbourhood and mass of the mitigation of potential impacts that could potentially arisebuilding. These aspects were considered as follows: • The site is located in close proximity proposed development agreement requires landscaping to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the commercial zoning that is applied in the area, substantial building heights and massing are achievable on this site and be provided throughout the area as-of-right and without property with an emphasis of landscaping along property lines to protect residential amenities; particularly the requirement for community consultation, Council, or design controls; • The development agreement reduces allowable massing and height below what is permitted as- of-right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due low density residential uses located to the location north of the subject site property. Policy 1.8.1(m) requires that proposed developments to be considered through Schedule R provide active transportation linkages where needed (see Attachment B). During the public information meeting it was noted that there is an informal walking path located on a corner lot, within a transitioning neighbourhood and the property. Although at this point there is little interest in relation to local streets with moderate traffic volumesHRM taking over the trail, the proposed development agreement includes a provision that would restrict development along the trail. This will enable the opportunity for HRM to place an easement over the trail, and the ability to develop a more formal trail if desired in the future. Further to this, through staff’s review of the application it was noted that a sidewalk may be warranted where the property abuts Bedford Highway. As such, the applicant has agreed to provide the required grading where the property fronts Bedford Highway to facilitate the development of a sidewalk in the future. The proposed development agreement will also require that a hard surface walkway be provided along the driveway to provide pedestrian connectivity to the proposed building provides an appropriate response and Bedford Highway. During the public information meeting, concerns were expressed regarding the safety of cyclists along Bedford Highway due to surrounding land usesthe increase of vehicular traffic accessing the property. A Traffic Impact Statement (TIS) was provided for this application which indicated the proposed development would generate a small increase in the number of trips along the Bedford Highway and would not have a significant impact on Bedford Highway. The TIS was reviewed by HRM staff who agreed with its conclusion. The TIS recommends that the bushes on the west side of the Bedford Highway need to be trimmed to improve visibility of the project’s driveway access. The proposed development agreement requires the developer to trim the bushes in this area. Additionally, the development agreement requires the portion of the property along Bedford Highway be graded to accommodate a future sidewalk. Together, these improvements will enhance pedestrian, cyclist and vehicular movements in this area.