Existing Development Agreement. The existing development agreement registered on the subject site was approved in April of 1996. The agreement was written to enable the construction of an addition to the IGA grocery store that was in operation at the time. It permits the site to be developed and used as a shopping centre, and the development must substantially conform to plans filed with the Municipality. The language in the agreement is outdated, and the schedules that control the use and site development were not registered with the agreement and are missing. Rather than amending the existing agreement, the applicant has chosen to discharge the existing agreement and enter into a new agreement that continues to permit the existing commercial development, as well as allow the construction of a new commercial building. In accordance with recent changes to the HRM Charter, a separate request to discharge the existing development agreement will be forwarded to the Chief Administrative Officer. The subject site is zoned C-2 under the Halifax Mainland Land Use By-law. The C-2 Zone permits C-1 and C-2A uses, as well as any commercial enterprise except where the operation would cause a nuisance or Case 23684: Development Agreement 000 Xxxxxxxx Xxxxx, Xxxxxxx Community Council Report - 3 - February 13, 2023 hazard to the public, adult entertainment uses, junk yards, and amusement centres. The C-1 Zone permits some residential uses and commercial uses limited primarily to retail and services. The C-2A Zone is the Minor Commercial Zone and permits a wider range of commercial and residential uses. In any area designated Schedule “L”, commercial uses are permitted. However, any commercial uses exceeding a gross floor area of 5,000 square feet and on lots greater than 15,000 square feet can only be considered through the development agreement process and are subject to Policies 3.7 of Part II, Section II and Policy 3.12 of the Implementation Policies of the Halifax Municipal Planning Strategy. The proposed addition to the existing commercial building in 1996 triggered the need for the existing development agreement. Policy 3.7 set out guidelines for Council to evaluate applications made pursuant to Implementation Policy
Existing Development Agreement. The original development agreement (2002) allows a mixed residential and commercial community surrounding the Brunello Golf Course in Timberlea. The existing development agreement permits 3,200 dwellings in a mix of single unit dwellings, two-unit dwellings, townhouses and apartment buildings and provides a conceptual layout of the planned community. The agreement sets up the parameters of the planned community, and then requires non-substantive amendments to the agreement to implement the Case 24123: Amending Development Agreement The Links at Brunello, Timberlea Community Council Report - 3 - January 17, 2023 development as envisioned. As this request would modify what the original concept envisioned, the amendment would follow the substantive amendment process and require a public hearing. Since its original approval, the development agreement has been amended upwards of a dozen times, most recently by Halifax and West Community Council on July 19, 2022 (Case 23016), to allow residential development fronting on certain golf holes within the Links at Brunello planned community development and changes to certain Golf Course Safety Margin boundaries. The enabling policy is Policy UR-27 of the Timberlea-Lakeside-Beechville MPS, which reads as follows: The subject lands are split zoned C-2 (General Business) and CDD (Comprehensive Development District) under the LUB. Development within the C-2 zoned portion of the lands is permitted as-of-right in accordance with the provisions of the C-2 Zone and consistent with the intent of the development agreement. No development is permitted in the CDD zoned portion except by development agreement. The C-2 (General Business) Zone permits retail and food stores; service shops; offices; commercial schools; financial uses; restaurants (and drive-in and take-out); car lots; shopping plazas and malls; lodging and associated entertainment uses; commercial recreation; service stations; taxi and bus depots; parking lots; greenhouses and nurseries; veterinary uses; recycling depots; theatres and cinemas; trades contracting services and shops; and local fuel distribution facilities.
Existing Development Agreement. There is an existing development agreement registered on the subject site that was approved on September 10, 2008 (Case 01083). The agreement permits an 1,858 square metre (20,000 square foot) commercial building. The permitted uses are those uses permitted in the underlying C-2 Zone. The agreement required development to commence within five years from the date the agreement was registered which was December 23, 2008. As the developer has requested to discharge the existing development agreement and enter into a new agreement, a separate request to discharge the existing development agreement has been forwarded to the Chief Administrative Officer.
Existing Development Agreement. The existing development agreement was approved by the former Council of the Municipality of the County of Halifax on September 22, 1982. The agreement permitted the expansion of the X.X. XxxXxxxxxx Sheet Metal Co., which is no longer in operation. At the same public hearing in 1982, the former council also adopted policies to enable the expansion of the use through development agreement. Policy RR-8 of the Sackville Municipal Planning Strategy enables expansion of the use through development agreement. Staff identified that the original 1982 agreement was not registered with the Registry of Deeds, however, the original agreement was approved by the former County and remains legally binding. Discharge of the agreement is therefore necessary to return the property to its underlying zoning.
Existing Development Agreement. On December 9, 1999, North West Community Council approved the existing development agreement, which allowed Clearwater Seafoods to use the property for “retail and wholesale sales of seafood products, associated office and service space, associated parking and landscaping.” The development agreement allowed the addition of second, third, and fourth storeys to the building, to be constructed in two phases (Attachment E). The site plan included in the development agreement shows parking and landscaping within the municipal right-of-way of the Bedford Highway; this was permitted through an associated encroachment agreement approved by Council. Although the policies applied to the portion of the site within the Halifax Plan Area envision highway commercial uses through zoning, the development agreement was applied to the entire site. As the Halifax MPS policy directs the use of highway commercial zoning for the portion of the site within the Halifax Plan Area, the existing development agreement must be discharged to allow for development under the existing C-2B Zone already applied. Whereas an amendment to the existing agreement would require a change to Halifax MPS policy, a discharge to enable the existing zoning would be consistent with the Halifax MPS.
Existing Development Agreement. The existing development agreement allows for a classic open space design development consisting of 25 single unit dwellings in three phases: • phase 1 allows for 10 dwellings; • phase 2 allows for 8 dwellings; and • phase 3 allows for 7 dwellings. A hydrogeological assessment was completed for the first phase of the development and the existing agreement requires supplementary assessments also to be conducted for phases 2 and 3. Ownership of the lands is to be retained under a single entity, such as a private land owner or condominium corporation. As a classic open space design development, 60% of land is to be reserved as common open space and can only be developed for common use purposes. The 25 single unit dwellings are to share a common shared driveway, which will provide access to Granite Cove Drive. Individual home site driveways will provide access to each dwelling or home site. The existing development agreement establishes requirements for development within the common space area, building size and location, the amount of units to be accessed from a home site driveway, phasing, landscaping and information for development permit applications.
Existing Development Agreement. On April 22, 2002 the former Western Region Community Council approved a development agreement (Case 00439) under policy UR-17 of the Municipal Planning Strategy for Timberlea/ Lakeside/ Beechville (MPS) to allow a residential care facility for up to 20 persons (woman and their children, youths) at the subject site1. An occupancy permit was issued in early 2004 and the facility was originally branded as the Nahum Centre. Under the terms of the existing development agreement, the residential care facility is limited by both the number of persons able to reside at the facility (20) and a requirement that the facility conform to a site plan and elevation drawings which reflect the use and building configuration. As a result, the expansion or redevelopment of the facility is not permitted under the existing agreement. However, the proposed changes can be considered through an amendment to the existing agreement or a discharge of the existing agreement and the creation of a new one in accordance with Policies UR-17 and IM-11 of the MPS. Given the existing development agreement was written and approved by Community Council approximately 18 years ago, and the changes required to amend the existing agreement to enable the proposal are extensive, the creation of a new agreement with updated, standardized language has been the approach taken in this application. Should Community Council choose to approve the proposed development agreement (Attachment A), a discharge of the existing agreement from the property must be jointly approved (Attachment B). The Recommendations section of this report accommodates that approach. The subject site is designated Urban Residential under the Timberlea/Lakeside/Beechville Municipal Planning Strategy (MPS). Within this designation, the MPS prioritizes the continuation, and protection, of established low-density residential development, but also acknowledges that compatible institutional uses support a more diverse residential environment. The MPS states it is common for many types of community facility uses to locate in residential neighbourhoods to facilitate the social and physical integration of the people served by the facilities. The proposed development agreement contained within Attachment A may be considered by Community Council in accordance with Policies UR-17 and IM-11 of the MPS (Attachment C). Policy UR-17 allows Council to consider residential care facilities through the development agreement process to ensure any comp...
Existing Development Agreement. North West Community Council approved the existing development agreement on July 5, 2007 to permit the creation of a flag lot. A flag lot is a lot that is irregularly shaped and has reduced street frontage. It often resembles a fully outstretched flag, where the “pole” portion provides the frontage and driveway access and the “flag” portion serves as the developable area of the lot. HRM approved the subdivision for the flag lot (00 Xxxxxxxxx Xxxx) on September 21, 2010. The development agreement further permits the development of a single unit dwelling on the flag lot and includes requirements related to the siting and scale of the building, access and parking, and landscaping and buffering. The existing development agreement anticipates that the development will be complete within 9 years from its registration. The existing development agreement was registered on January 10, 2008, which means the 9 year time frame will expire on January 10, 2017. The applicant is requesting a 10 year extension to the date of completion. The applicant has expressed that the amendment is needed due to the downturn in the real estate market. The additional time will provide ample time to enable the applicant to sell the property and have it developed.
Existing Development Agreement. City and Developer acknowledge that City and the prior owner of the Property entered into that certain Development Agreement dated June 28, 2007, and recorded October 3, 2007 as Instrument No. 2007-10887879, records of Maricopa County, Arizona, as amended by that certain First Amendment to Development Agreement dated December 11, 2008, and recorded December 18, 2008 as Instrument No. 2008-1067570, records of Maricopa County, Arizona (as amended, the “Existing Development Agreement”). City and Developer agree that this Agreement furthers the original purpose of the Existing Development Agreement and as such, supersedes and replaces in its entirety the Existing Development Agreement.
Existing Development Agreement. On September 21, 2015, North West Community Council approved the original development agreement1 (Case 19060) to allow the development of two (2) mixed-use multiple unit buildings. The development agreement: • Permits a total of 124 residential units containing of a mix of 2 and 3-bedroom units (68 units in one building, 56 units in the other); • Permits 10,000 sq. ft. of commercial floor space (5,000 sq. ft. per building); • Requires a minimum of 110 underground parking spaces accessed via the northwest side of Xxxxxx Avenue, and a surface parking lot with a minimum of 90 spaces accessed from Old Sackville Road and southwest side of Xxxxxx Avenue; • Permits a maximum building height of four (4) storeys; • Allows construction materials that include horizontal fibre cement siding, vinyl shakes, composite metal panels, and glass; Case 22691: Amending Development Agreement 0 Xxxxxx Xxx., Lower Sackville Community Council Report - 3 - November 21, 2022 • Requires an at-grade courtyard amenity space located between both buildings that is connected to the ground level pedestrian sidewalk system. The courtyard is accessible by the commercial uses from commercial entrances; • Requires a landscaping plan to be prepared by a landscape architect; • Requires commencement of construction within 3 years from the date of registration of the agreement; • Requires completion of construction within 8 years from the date of registration of the agreement; and • Lists non-substantive amendments as changes to the location of buildings and site layout, changes to ground-floor square footage of commercial to allow for up to 100% residential dwelling units, changes to the architectural design of the building, changes to the location of underground parking, and the granting of future time extensions to commencement and completion of construction.
