Common use of Proposal Details Clause in Contracts

Proposal Details. The applicant proposes to enter into a development agreement to enable conversion of vacant commercial space on the ground floor of the existing building at #0000 Xxxxxxx 0, Xxxxxxxxxxxx Harbour to residential use and to enable a five-unit dwelling within the existing building. The applicant has expressed that there is no demand for commercial space in the area, but there is demand for apartment units which is an appropriate adaptive reuse of the existing building. The current zoning allows a range of commercial uses but only permits two residential units in the building. The existing building is currently occupied by two residential units. A building with three or more residential units is considered a multiple unit dwelling and is only enabled through the development agreement process. While the current proposal is for a multiple unit dwelling, the applicant requests that the agreement allows limited compatible commercial uses on the ground level of the existing building if the market changes in the future. History The existing building at #0000 Xxxxxxx 7 was constructed prior to 1991. A history of the use of the building is as follows: • 1991 - The building was used for a medical clinic. • May 2013 - The building was no longer used as a medical clinic and a permit was issued for renovations for a daycare and office on the main level, and two residential units above. • October 2018 - Staff became aware that renovations to convert the commercial ground floor space to residential units were underway without a permit. A compliance case was opened soon after, Case 21856: Development Agreement #0000 Xxxxxxx 0, Xxxxxxxxxxxx Harbour Community Council Report - 3 - February 6, 2020 and a development agreement application was submitted to legalise five residential units within the existing building. During the Public Participation portion of the March 7, 2013 Harbour East-Marine Drive Community Council meeting, Xxx Xxxxx and Xxxxx Xxxxxx of Kendar Enterprises Ltd. spoke about a need for more opportunities to allow mixed-use developments in Polling District 2 with up to six residential units. Harbour East-Marine Drive Community Council (HEMDCC) requested a staff report outlining what amendments would be required to allow mixed-use zoning with the intent of rural densification in District 2. A staff information report was provided to HEMDCC on January 9, 2014, advising that consideration of multiple unit dwellings with three or more units was enabled for most lands in Polling District 2 through the development agreement process. Development agreements were considered an appropriate mechanism as they ensure the design conforms to the surrounding area, maintains rural character and that the offsite impacts of larger developments are properly assessed and mitigated. There was no further discussion on this matter subsequent to the provision of the staff information report.

Proposal Details. The applicant proposes to enter into a amend the existing development agreement to enable conversion of vacant commercial space replace the multiple unit dwelling permitted on the ground floor southern portion of the existing building at #0000 Xxxxxxx 0site with a townhouse development. The proposed townhouses would be a cluster development, Xxxxxxxxxxxx Harbour to residential use and to enable a five-unit dwelling within the subject site would not be subdivided. Townhouse clusters are permitted by the existing buildingdevelopment agreement; however, an amendment is required to change the permitted use on this specific subject site. The applicant has expressed that there is no demand also requesting the following amendments to the design criteria for commercial space townhouse clusters on this site in the areaexisting development agreement: • Reduce the minimum width of each townhouse unit; and • Remove requirements for individual driveways and garages. If the amendment is approved, but there the number of single-unit dwellings, two-unit dwellings and townhouse units permitted in Sub-Area 5 would not change. Enabling Policy and LUB Context The development agreement is demand for apartment units which is an appropriate adaptive reuse enabled by Policy BW-20 (b) of the existing building. The current zoning allows a range of commercial uses but only permits two residential units Bedford Municipal Planning Strategy, and the criteria for Council’s consideration are provided in the building. The existing building is currently occupied by two residential units. A building with three or more residential units is considered a multiple unit dwelling and is only enabled through the development agreement process. While the current proposal is for a multiple unit dwelling, the applicant requests that the agreement allows limited compatible commercial uses on the ground level Policy BW-32 of the existing building if the market changes in the futureBedford MPS (Attachment B). History The existing building at #0000 Xxxxxxx 7 was constructed prior to 1991. A history of the use of the building is as follows: • 1991 - The building was used for a medical clinic. • May 2013 - The building was no longer used as a medical clinic and a permit was issued for renovations for a daycare and office on the main level, and two residential units above. • October 2018 - Staff became aware that renovations to convert the commercial ground floor space to residential units were underway without a permit. A compliance case was opened soon after, Case 2185622980: Development Agreement #0000 000 Xxxxxxxxx Xxxx, Xxxxxxx 0, Xxxxxxxxxxxx Harbour North West Community Council Report - 3 - February 6June 14, 2020 and a development agreement application was submitted to legalise five residential units within the existing building. During the Public Participation portion of the March 7, 2013 Harbour East-Marine Drive Community Council meeting, Xxx Xxxxx and Xxxxx Xxxxxx of Kendar Enterprises Ltd. spoke about a need for more opportunities to allow mixed-use developments in Polling District 2 with up to six residential units. Harbour East-Marine Drive Community Council (HEMDCC) requested a staff report outlining what amendments would be required to allow mixed-use zoning 2021 COMMUNITY ENGAGEMENT The community engagement process is consistent with the intent of rural densification in District 2the HRM Community Engagement Strategy. The level of community engagement was consultation, achieved through providing information and seeking comments through the HRM case webpage, and signage posted on the subject site. From June 23, 2020, when the case webpage was published, to April 20, 2021, the case webpage received 405 pageviews, of which 325 were unique pageviews. Additionally, 177 post cards were mailed to property owners within the notification area, and a virtual public information meeting was held on December 10, 2020. Five people attended the virtual public information meeting; attachment C contains a summary of the meeting. Public comments received included the following topics: • Clarification on the process; • Concern that sufficient parking be provided on site; and • Requests that trees on the site be maintained as much as possible. A staff information report was provided public hearing must be held by North West Community Council before it can consider approving the proposed amending development agreement. Should Community Council decide to HEMDCC proceed with a public hearing on January 9this application, 2014, advising that consideration of multiple unit dwellings with three or more units was enabled for most lands in Polling District 2 through the development agreement process. Development agreements were considered an appropriate mechanism as they ensure the design conforms addition to the surrounding areapublished newspaper advertisements, maintains rural character and that property owners within the offsite impacts of larger developments are properly assessed and mitigated. There was no further discussion notification area shown on this matter subsequent to the provision Map 2 will be notified of the staff information reporthearing by mail.

Proposal Details. The applicant proposes to enter into a development agreement with the Municipality to enable conversion permit the construction of vacant a new two-storey commercial space on building at the ground floor site. The major aspects of the existing building at #0000 Xxxxxxx 0proposal are as follows:  A development agreement to allow for a 2-storey commercial building;  Approximately 5,000 square feet in gross floor area over two floors; and  Proposed uses are inclusive of retail, Xxxxxxxxxxxx Harbour personal service, and office. Enabling Policy and LUB Context Policy UR-31 enables Council to residential use consider Community Commercial (C-2) Zone land uses by development agreement on properties located on Sackville Drive, Middle Sackville, to the east of Xxxxxxxx Drive and to enable a five-unit dwelling west and north of the Atlantic Gardens Properties (PID#40150856, 40150815). The site is located within the existing buildingR-6 (Rural Residential) Zone. The applicant has expressed that there is no demand for commercial space in the area, but there is demand for apartment units which is an appropriate adaptive reuse of the existing building. The current zoning allows C-2 Zone permits a range of commercial uses including, but only permits two residential units in the buildingnot limited to retail stores, food stores, service and personal service uses, offices and banks and financial institutions. The existing building proposed uses are C-2 uses. COMMUNITY ENGAGEMENT The community engagement process is currently occupied by two residential unitsconsistent with the intent of the HRM Community Engagement Strategy. A building with three or more residential units is considered a multiple unit dwelling The level of community engagement was consultation, achieved through providing information and is only enabled seeking comments through the HRM website, signage posted on the subject site, postcards mailed to property owners within the notification area and a public information meeting held on April 26, 2017. Attachment D contains a copy of the minutes from the meeting. The public comments received include the following topics:  Environmental impacts of development agreement process. While the current proposal is for a multiple unit dwelling, the applicant requests that the agreement allows limited compatible on Xxxxxxxxx’s Brook;  Landscaping and buffering of surrounding uses;  Lighting;  Reduction of hard surfaces;  Snow storage areas; and  Impact of specific commercial uses on the ground level of the existing building if the market changes considered not appropriate at this location in the futureproximity to residences; specifically, a licensed bar, lounge, beverage room or food establishment with liquor license. History The existing building at #0000 Xxxxxxx 7 was constructed prior to 1991. A history of the use of the building is as follows: • 1991 - The building was used for a medical clinic. • May 2013 - The building was no longer used as a medical clinic and a permit was issued for renovations for a daycare and office on the main level, and two residential units above. • October 2018 - Staff became aware that renovations to convert the commercial ground floor space to residential units were underway without a permit. A compliance case was opened soon after, Case 2185620332: Development Agreement #0000 Xxxxxxx 0Sackville Drive, Xxxxxxxxxxxx Harbour Middle Sackville Community Council Report - 3 - February 6December 11, 2020 and 2017 A public hearing must be held by North West Community Council before they can consider approval of the proposed development agreement. Should Community Council decide to proceed with a development agreement application was submitted public hearing on this application, in addition to legalise five residential units the published newspaper advertisements, property owners within the existing building. During the Public Participation portion notification area shown on Map 2 will be notified of the March hearing by regular mail. The HRM website will also be updated to indicate notice of the public hearing. The proposal will potentially impact local property owners. North West Planning Advisory Committee On June 7, 2013 Harbour East-Marine Drive 2017, the North West Planning Advisory Committee (PAC) recommended that the application be approved. A report from the PAC to Community Council meeting, Xxx Xxxxx and Xxxxx Xxxxxx of Kendar Enterprises Ltd. spoke about a need for more opportunities to allow mixed-use developments in Polling District 2 with up to six residential units. Harbour East-Marine Drive Community Council (HEMDCC) requested a staff report outlining what amendments would will be required to allow mixed-use zoning with the intent of rural densification in District 2. A staff information report was provided to HEMDCC on January 9, 2014, advising that consideration of multiple unit dwellings with three or more units was enabled for most lands in Polling District 2 through the development agreement process. Development agreements were considered an appropriate mechanism as they ensure the design conforms to the surrounding area, maintains rural character and that the offsite impacts of larger developments are properly assessed and mitigated. There was no further discussion on this matter subsequent to the provision of the staff information reportunder separate cover.