Common use of Halifax Regional Municipality Charter Clause in Contracts

Halifax Regional Municipality Charter. o Section 245A(1): Where a municipal planning strategy so provides, a land-use by-law may provide for incentive or bonus zoning agreements respecting the HRM by Design Downtown Plan Area; o Section 245B(1): The Council may, by resolution, adopt or amend an incentive or bonus zoning agreement; and o Section 245C(1): An incentive or bonus zoning agreement is in effect until discharged by the Council.  Section 12, Downtown Halifax Land Use By-law (LUB) (Attachment A) It is recommended that Halifax Regional Council adopt, and authorize the Mayor and Clerk to enter into and execute, the Incentive or Bonus Zoning Agreement as provided in “Attachment B” of this report for the mixed-used development at 0000 Xxxxxx Xxxxxx, Halifax. The developer, Dexel Developments, on behalf of the property owner, Ollive Properties Ltd., proposes to develop an 8-storey mixed-use building (43 residential units with commercial) located on the southeastcorner of Xxxxxx Streetand Xxxxxx Street. The proposed 8-storey mixed-use building will include the following: • Two partially underground levels containing 12 parking spaces, four residential units with direct access to Xxxxxx Street, a bike room, building storage rooms, and mechanical space; • Shared underground parking access with the neighbouring property to the south, the Waterford; • Level 1 (ground floor) contains a private landscaped courtyard, fitness and amenity rooms, and commercial space fronting on Xxxxxx Street (95 square metres); • A total of 38 residential units on levels 1 to 7, and a single penthouse unit within levels 8 and 9; • Landscaped open space is located on levels 1, 2, and 8 in the form of common landscaped terraces; and • Prominent exterior building materials include transparent and lightly coloured glass, sandstone or manufactured stone cladding, and small portions of granite cladding at street level. Charcoal metal shroud is also used to accentuate openings. Within the Downtown Halifax Plan Area, maximum permitted building heights may only be attained when a developer provides a public benefit. Where a public benefit is not provided, the developer may only build to a lower building height. This approach is often referred to as “density bonusing” but is enabled under the Halifax Regional Municipality Charter as “bonus zoning.” A list of eligible public benefits is found in subsection 12(7) of the LUB (Attachment A). The site is under two height precincts, a 22 metre pre-bonus precinct and 26 metre pre-bonus precinct. Only the 26 metre pre-bonus precinct allows for the post-bonus height of 34 metres. The proposed project exceeds the pre-bonus height of 26 metres for a portion of the building which is within the post-bonus height of 34 metres; therefore, a public benefit contribution is required. The proposed public benefit includes the provision of publicly accessible amenity space, and the provision of public art. Under clause 4(13)(c) of the LUB, the Design Review Committee (DRC) is responsible to provide the Development Officer with advice on matters pertaining to bonus zoning in relation to substantive site plan approvals. The DRC’s advice is provided in the form of a recommendation on the public benefit category for the development at the time the Committee makes its decision on the substantive site plan application. The Development Officer is responsible for determining if a proposal meets the land use and built form requirements of the LUB. Subsection 12(9) of the LUB requires that prior to the issuance of a development permit requiring a public benefit; the developer must enter into an agreement with the Municipality to specify the terms and conditions by which the public benefit is to be provided. The Halifax Regional Municipality Charter requires Council approval of the adoption of an incentive or bonus zoning (public benefit) agreement. This report seeks to obtain Council’s approval of the agreement.

Halifax Regional Municipality Charter. o Section 245A(1): Where a municipal planning strategy so provides, a land-use by-law may provide for incentive or bonus zoning agreements respecting the HRM by Design Downtown Plan Area; o Section 245B(1): The Council may, by resolution, adopt or amend an incentive or bonus zoning agreement; and o Section 245C(1): An incentive or bonus zoning agreement is in effect until discharged by the Council.  Section 12, Downtown Halifax Land Use By-law (LUB) (Attachment AB) It is recommended that Halifax Regional Council adopt, and authorize the Mayor and Clerk to enter into and execute, the Incentive or Bonus Zoning Agreement as provided in “Attachment BA” of this report for the mixed-used use development at 0000 Xxxxxx xxx 0000 Xxxxx Xxxxxx, HalifaxXxxxxxx. The developer, Dexel Developments, on behalf of the property owner, Ollive Properties Ltd., applicant proposes to develop an 8-a 7 storey mixed-mixed use building (43 residential units with commercial) located on the southeastcorner of Xxxxxx Streetand Xxxxxx bounded by Spring Garden Road, Queen Street, Xxxxx Street and Brunswick Street. The proposed 8applicant has demolished the existing buildings on site and the lands have been excavated to prepare them for building construction. The following major elements of the proposal have been specifically highlighted by the applicant:  Ground floor retail-storey mixedcommercial and restaurant uses;  Office and retail uses on the second floor;  107 dwelling units on floors 3-use building will include 7;  A restaurant/bar on the following: • Two partially underground levels containing 12 seventh floor with rooftop access;  Underground parking spaces, four residential with 209 vehicular parking spaces providing both private parking for the dwelling units with direct access and accessible public parking available to Xxxxxx Street, a bike room, building storage rooms, and mechanical space; • Shared the Spring Garden Road Commercial District. The underground parking access with the neighbouring property is to the south, the Waterford; • Level 1 (ground floor) contains a private landscaped courtyard, fitness and amenity rooms, and commercial space fronting on Xxxxxx Street (95 square metres); • A total of 38 residential units on levels 1 to 7, and a single penthouse unit within levels 8 and 9; • Landscaped open space is located on levels 1, 2, and 8 in the form of common landscaped terracesbe accessed from Xxxxx Street; and •  Prominent exterior building materials that include transparent and lightly coloured high transparency storefront glass in aluminium frame, grey tinted curtain wall vision glass in aluminium frame with grey tinted spandrel glass, sandstone or manufactured stone claddingprecast concrete panels with a limestone finish, phenolic panels, and small portions of granite cladding at street level. Charcoal metal shroud is also used to accentuate openingsaluminium wood grain finish siding. Within the Downtown Halifax Plan Area, maximum permitted building heights may only be attained when a developer provides a public benefit. Where a public benefit is not provided, the developer may only build to a lower building height. This approach is often referred to as “density bonusing” but is enabled under the Halifax Regional Municipality Charter as “bonus zoning.” A list of eligible public benefits is found in subsection 12(7) of the LUB (Attachment AB). The site is under two height precincts, a 22 metre pre-bonus precinct and 26 metre pre-bonus precinct. Only the 26 metre pre-bonus precinct allows for the post-bonus height of 34 metres. The proposed project exceeds the pre-bonus height of 26 22 metres for a portion of the building which is within the seventh floor, therefore a post-bonus height of 34 metres; therefore, a public benefit contribution agreement is required. The proposed public benefit includes undergrounding of overhead electrical and communication distribution systems along the provision Xxxxx Street and Brunswick Street frontages. It is expected that this will improve aesthetic of publicly accessible amenity space, the streetscape in this area and the provision of public artprovide for a more positive pedestrian experience. Under clause 4(13)(c) of the LUB, the Design Review Committee (DRC) is responsible to provide the Development Officer with advice on matters pertaining to bonus zoning in relation to substantive site plan approvals. The DRC’s advice is provided in the form of a recommendation on the public benefit category for the development at the time the Committee makes its decision on the substantive site plan application. The Development Officer is responsible for determining if a proposal meets the land use and built form requirements of the LUB. Subsection 12(9) of the LUB requires that prior to the issuance of a development permit requiring a public benefit; the developer must enter into an agreement with the Municipality to specify the terms and conditions by which the public benefit is to be provided. The Halifax Regional Municipality Charter requires Council approval of the adoption of an incentive or bonus zoning (public benefit) agreement. This report seeks to obtain Council’s approval of the agreement.

Halifax Regional Municipality Charter. o Section 245A(1): Where a municipal planning strategy so provides, a land-use by-law may provide for incentive or bonus zoning agreements respecting the HRM by Design Downtown Plan Area; o Section 245B(1): The Council may, by resolution, adopt or amend an incentive or bonus zoning agreement; and o Section 245C(1): An incentive or bonus zoning agreement is in effect until discharged by the Council.  Section 12, Downtown Halifax Land Use By-law (LUB) (Attachment AB) It is recommended that Halifax Regional Council adopt, and authorize the Mayor and Clerk to enter into and executeby resolution, the Incentive or Bonus Zoning Agreement as provided in “Attachment BA” of this report for the mixed-used development at 0000 xxx 0000 Xxxxxxxxx Xxxxxx Xxxxxxxxx 0000 Xxxxxx Xxxxxx xx Xxxxxxx, Halifax. The developer, Dexel Developments, on behalf of and authorize the Mayor and Clerk to enter into and execute an agreement with the property owner, Ollive Properties Ltd., owner regarding sustainable building practices The applicant proposes to develop an 8-8 storey mixed-mixed use building (43 residential units with commercial) at the corner of Market Street and Sackville Street. The applicant plans to demolish the existing buildings on the subject properties but will maintain the 3 storey façade of the building at 0000 xxx 0000 Xxxxxxxxx Xxxxxx. The additional 5 storeys will be stepped back from the main facade. The following major elements of the proposal have been specifically highlighted by the applicant:  approximately 8,050 sq. ft. of commercial area located on the southeastcorner of Xxxxxx Streetand Xxxxxx Street. The proposed 8-storey mixed-use building will include the following: • Two partially underground levels containing 12 parking spaces, four ground level and basement level;  39 residential units through a mix of bachelor, 1-bedroom and 2-bedroom units;  pedestrian entrances will be provided along Market and Sackville Streets and at the corner of Market and Sackville Street;  a landscaped flat roof with direct access to Xxxxxx Street, a bike room, amenity area;  weather protection at sidewalk level via recessed building storage rooms, entrances and mechanical spacecanopies; • Shared underground parking access with the neighbouring property to the south, the Waterford exterior cladding material includes granite panels and metal panels; • Level 1 (ground floor) contains a private landscaped courtyard, fitness and amenity rooms, and commercial space fronting on Xxxxxx Street (95 square metres); • A total of 38 residential units on levels 1 to 7, and a single penthouse unit within levels 8 and 9; • Landscaped open space is located on levels 1, 2, and 8 in the form of common landscaped terraces no vehicular parking; and • Prominent exterior building materials include transparent and lightly coloured glass, sandstone or manufactured stone cladding, and small portions  bicycle parking facilities as per requirements of granite cladding at street level. Charcoal metal shroud is also used to accentuate openings. the LUB Within the Downtown Halifax Plan Area, maximum permitted building heights may only be attained when a developer provides a public benefit. Where a public benefit is not provided, the developer may only build to a lower building height. This approach is often referred to as “density bonusing” but is enabled under the Halifax Regional Municipality Charter as “bonus zoning.” A list of eligible public benefits is found in subsection 12(7) of the LUB (Attachment AB). The site is under two height precincts, a 22 metre pre-bonus precinct and 26 metre pre-bonus precinct. Only the 26 metre pre-bonus precinct allows for the post-bonus height of 34 metres. The proposed project exceeds the pre-bonus height of 26 22 metres for and proposes a portion height of the building 28 metres, which is within the may be considered as a post-bonus height of 34 metres; therefore, a public benefit contribution is requiredheight. The proposed public benefit includes sustainable building practices through the provision retention of publicly accessible amenity spacethe existing façade and through the re-utilization of some building materials in the project of the new addition. Through retaining the existing façade, the energy required to demolish the building will be reduced as well the energy and resources required for new material. The development also proposes the provision reuse and salvage of public artportions of the building that will be demolished which will reduce the overall waste produced as part of the development. Further information about the approach to the design of the building has been provided by the applicant (Schedule B of Attachment A). Under clause 4(13)(c) of the LUB, the Design Review Committee (DRC) is responsible to provide the Development Officer with advice on matters pertaining to bonus zoning in relation to substantive site plan approvals. The DRC’s advice is provided in the form of a recommendation on the public benefit category for the development at the time the Committee makes its decision on the substantive site plan application. The Development Officer is responsible for determining if a proposal meets the land use and built form requirements of the LUB. Subsection 12(9) of the LUB requires that prior to the issuance of a development permit requiring a public benefit; , the developer must enter into an agreement with the Municipality to specify the terms and conditions by which the public benefit is to be provided. The Halifax Regional Municipality Charter requires Council approval of the adoption of an incentive or bonus zoning (public benefit) agreement. This report seeks to obtain Council’s approval of the agreement. The LUB requires projects that exceed the maximum pre-bonus height limitations provide a public benefit as part of the project. In this case, the developer proposes that the public benefit contribution be in the form of sustainable building practices. The DRC recommended that the Development Officer accept the provision of sustainable building practices as the public benefit for the project. Specifically, their motion in this regard is as follows: The LUB lists the required public benefit categories, and establishes a public benefit value that is the equivalent of $4.401for every 0.1 square metres of gross floor area created by extending above the pre- bonus height. The maximum pre-bonus height for the project is 22 metres and the maximum post-bonus height is 28 metres. The project is approximately 28 metres in height, with the exception of the elevator access to the rooftop amenity space. The post bonus height would allow an additional 2 storeys or approximately 876.82 square metres in gross floor area. This would result in a public benefit value of approximately $38,580. The estimated cost of retaining the existing façade is $400,000.00. This estimate includes the added costs for structural engineering for the design of the retention system to keep the façade in place during the construction of the rest of the building andmaterials and labour to appropriately attach the old façade to the new building and to repair the existing façade, which includes repointing the old brick work and polishing the old granite stone. The proposal from the developer to provide $400,000 in value relative to exemplary sustainable building practices exceeds the LUB’s minimum public benefit requirement. Therefore, staff recommend that Regional Council adopt, by resolution, the Incentive or Bonus Zoning Agreement as provided in Attachment “A” of this report for the mixed-use development located at 0000 xxx 0000 Xxxxxxxxx Xxxxxx xxx 0000 Xxxxxx Xxxxxx xx Xxxxxxx.