Proposed Development Agreement Clause Samples

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Requires the building to meet the regulations of the LUB, with limited variations as identified in this report; • Requires a density bonusing contribution as per the policies of the SMPS and the requirements of the LUB; • Provides a pedestrian thoroughfare from Canal Street to Maitland Street and abutting landscaped open space on private land; • Requires the building to be designed to meet future grades of the Patuo’qn Street (formally Dundas Street) extension, Canal Street, and Maitland Street; and • Non-substantive amendments permitted to the development agreement including: o Changes to the grade requirements along the streets and transportation reserve; o Changes required to address land acquisition along the transportation reserve; and o Extension to the dates of commencement and completion of development. The attached proposed development agreement will permit two residential towers on a shared podium with commercial uses at street grades, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the SMPS criteria as shown in Attachment B, the following have been identified for detailed discussion. The site is zoned CDD-2 (Comprehensive Development District 2) however the enabling policies of the Regional Centre SMPS direct that the uses and building form be regulated by pre-existing zones in the LUB. With guidance from the SMPS Map 13: Future Growth Node Land Use Concept – Dartmouth Cove (Attachment C), staff have determined that the most appropriate zone for the site is the Centre 2 (CEN-2) zone. Policy further acknowledges that limited site-specific adjustments to meet the applicable site-specific Dartmouth Cove Future Growth Node (FGN) requirements and objectives may also be required within a development agreement. Several variations of the LUB requirements have been requested to achieve the objectives of the Dartmouth Cove FGN while also ensuring the permitted density is achieved. The applicant Case 2023-00453: Development Agreement ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ Community Council Report - 4 - January 11, 2024 has requested that the maximum height of a tall mid-rise building be increased from 26 metres to 38 metres (a difference of approximately 3-4 storeys), the maximum building dimensions...

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Additional uses permitted at the subject site other than what is permitted under the current zoning; • Buffering and screening from adjacent residential properties; • Outdoor storage; • Outdoor lighting; and • Hours of operation. The attached development agreement will permit the sale and installation of automotive accessories, retail and office uses, with associated outdoor storage, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion.

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Allows the existing commercial building/shopping centre to remain and for its gross floor area to be expanded up to a maximum of ten (10) percent of the existing floor area; • Permits a new, stand-alone commercial building with a maximum gross floor area of 510.97 square metres (5,500 square feet); • The permitted uses in the existing and new commercial buildings; • Height and siting of the buildings, and exterior design elements and lot coverage of the new building; • Subdivision of the lands; • Controls on vehicular parking and circulation, bicycle parking, and pedestrian access to the site; • Lighting and screening controls; and • Non-substantive amendments permitted within the agreement, including: Case 23684: Development Agreement ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ Community Council Report - 4 - February 13, 2023 o Changes to the type of permitted commercial uses; o Changes to the architectural requirements for the new building; o Changes to parking, circulation, and access requirements; and o Extensions to the dates of commencement and completion of development. The attached proposed development agreement will permit an existing commercial building and a new commercial building, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion.

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The development agreement would permit two child care centres for up to 80 children divided equally between the two sites, as follows: • A maximum of 40 children under care permitted at ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Road; • A maximum of 40 children under care permitted at ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇; • Both properties within the single subject site will be subject to one development agreement; • R-1 uses are permitted if child care centre is no longer operational; • Each building must retain residential characteristics; • Outdoor play area required with safety boundaries and screening; • Hours of operation from 7:00 a.m. to 6:30 p.m.; • 9 hard-surfaced vehicle on-site parking spaces, and dedicated walkways to the buildings; • A driveway loop connecting the properties to provide safer vehicular and pedestrian access, improve sightlines, and reduce congestion; • Bicycle parking as required by the Halifax Mainland Land Use By-law for recreation facilities, community centres and libraries; • Minimum standards for outdoor lighting, signage, refuse screening, and maintenance; and • Changes to dates of commencement and completion are listed as non-substantive matters. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion: Community concern expressed through the engagement process was primarily focussed on traffic, pedestrian activity and the supply of parking. The bulk of staff analysis focused on these aspects of the proposal in consultation with the Development Engineer and HRM Traffic Management. Child care centres rely heavily on unloading and loading children from vehicles. Pedestrian activity between vehicles and the buildings are a primary safety concern as noted in Implementation Policy 3.20.1 (e): “vehicular access to and egress from the child care centre and pedestrian movement shall be accommodated in a manner which encourages safety.” The proposal includes the addition of a driveway loop connecting 55 ▇▇▇▇▇▇▇ Lake Road and 4 Grosvenor Road as shown on the site plan (Attachment A, Schedule B). Off-street parking is also provided for 9 vehicles. Case 21389: Development Agreement ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Rd & 4 Grosvenor Rd, Halifax Community Council Report - 5 - October 15, 2019 These improvements are enabled by a change in the stree...

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Building siting, size and height- The siting of the main building is proposed at the east corner of the lot. The impact on adjacent land uses is expected to be negligible as the building will back onto the parking lot and side yard of an existing church. The height and bulk of the proposed main building will be similar to the existing main building at 1.5 storey, with a hipped roof and a slight decrease in floor area (275m2 to 255m2). The scale is similar to or smaller than most adjacent and surrounding land uses, with any smaller scale residential uses buffered by either other land uses (commercial and institutional) or Connaught Avenue, which has five traffic lanes and a boulevard. Further, the number of fuel pump bays have been reduced from eight (8) to six (6). • Access locations- The proposal includes a reduction in access locations from four (4), two on each of ▇▇▇▇▇▇ ▇▇ and Connaught Ave, to two (2), one on each of ▇▇▇▇▇▇ ▇▇ and Connaught Ave. • Parking supply and location- Proposed parking spaces are located at the front and side of the building, which reduces the need for pedestrian movement within the parking lot. There are 11 parking spaces proposed which is appropriate for the use, size, and location of the redevelopment. • Waste management storage- Appropriate setbacks and screening requirements are set out within the development agreement. • Signage- Signage is aligned with LUB requirements, with the addition of one permitted, freestanding ground sign, which is consistent with the current signage on site. Case 2023-00534: Development Agreement ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, Halifax Community Council Report - 4 - January 16, 2024 The attached proposed development agreement will permit a gas station and convenience store, subject to the controls and design regulations identified above. As mentioned previously, the redevelopment of the site results in several site improvements, including but not limited to a reduced building footprint, a reduced number of fuel pumps and improved site access. The controls contained in the development agreement make for a less intense non-confirming use that is consistent with the relevant policies contained within the MPS. Staff have recommended an extended time allowance (to 240 days) for signing of the Agreement in order to...

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement permits a 167-unit residential subdivision comprising of single unit and semi-detached dwellings and addresses the following matters: • Type, maximum number, and siting of residential units; • Secondary and backyard suites; • Minimum lot sizes; • Configuration and design of new public streets; • Controls on home business uses; • Location and size of neighbourhood park as parkland dedication for the subdivision; • Location and size of tree buffers between the development and existing residential uses; • Servicing and stormwater management requirements; and • Signage provisions. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Staff advise that the proposed mix of single unit dwellings and semi-detached dwellings provides different housing options while sustaining the character of the existing community. The unit types and various lot sizes are characteristic of a centrally serviced low-density residential neighbourhood. Larger single unit dwelling lots that satisfy or exceed the minimum lot standards of the abutting Rural Residential (R-6) Zone are located along the perimeter of the lands, where the property abuts existing low-density residential development. Smaller single unit dwelling lots are planned toward the interior of the lands and offer a transition to the smallest semi-detached dwelling lots in the centre of the lands. Case 21355: Development Agreement Lively Road, Middle Sackville Community Council Report - 5 - April 12, 2021 A secondary suite is a subordinate dwelling unit located entirely within the main dwelling, whereas a backyard suite is a subordinate dwelling unit located within an accessory building. Staff recommend permitting secondary suites and backyard suites under the proposed agreement. Each lot would be permitted a total of one secondary or backyard suite. Allowing secondary and backyard suites offers the option for subordinate dwelling units that is enabled across all zones of the Municipality accessory to single unit, semi-detached and townhouse dwellings. Staff advise that the proposed 1,789 sq. m neighbourhood park at the corner of Solar Court and Dusk Drive satisfies the definition of useable land under the Regional Subdivision By-l...

Proposed Development Agreement. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • A maximum building height of 26 m excluding the mechanical penthouse; • Provision for a 3 storey streetwall facing ▇▇▇▇▇ Street; • The streetwall transitions from three to two storeys on the sides and one storey in the rear; • A requirement for a detailed landscaping plan including outdoor amenity space; • A requirement to provide 110 square metres of interior amenity space with direct access to outdoor amenity space; Case 20719: Development Agreement 5516, 5530 and ▇▇▇▇ ▇▇▇▇▇ ▇▇, Halifax Community Council Report - 5 - May 22, 2018 • A requirement that a minimum of 50% of the units to be two or more bedrooms; • A requirement for 45 interior parking spaces which must integrated into the building; and • Controls on the materials and exterior design. The following items in the development agreement are identified as non-substantive and can be amended by motion of Community Council: • The granting of an extension to the date of commencement of construction; • Changes to the unit mix; and • Changes to the permitted uses and schedules to allow ground floor commercial use. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria in Attachment C, the following have been identified for detailed discussion.

Proposed Development Agreement. Attachment A contains the proposed amending development agreement for the subject site. The proposed amending agreement allows for an extension to the commencement and completion dates by two years. The commencement date is five years from the date the original agreement was registered. The completion date is seven years from the date the original agreement was registered. The extensions of time provided in the proposed amending agreement meet the intent of the policy. The amendment development agreement does not enable any other changes to the existing development agreement. The proposed time extensions can be considered by Community Council as non-substantive amendments as provided for in Section 6.2 (h) and (i) in the existing development agreement. Section IM-33 of the RCSMPS enables the application to be considered against the enabling policies in effect at the time the original agreement was approved. These enabling policies - 2.3.1, 2.3.2, and 2.3.3 of Section XI of the HMPS – have been repealed, but Policy IM-33 of the RCSMPS enables this application to be considered against these policies. The proposal remains consistent with the enabling policies that were in effect at the time the original agreement was approved. The COVID-19 pandemic has resulted in difficulties in having legal agreements signed by multiple parties in short periods of time. To recognize this difficulty these unusual circumstances present, staff are recommending extending the signing period for agreements following a Council approval and completion of the required appeal period. While normally agreements are required to be signed within 120 days, staff Case 23936: Amending Development Agreement Gottingen and Macara Street, Halifax Community Council Report - 4 - January 18, 2022 recommend doubling this time period to 240 days. This extension would have no impact on the development rights held within the agreement, and the agreement could be executed in a shorter period of time if the situation permits.

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site. The development agreement sets out the conditions under which the development may occur. It will permit a mixed use commercial and residential building. The proposed development agreement regulates the following: • Building height, up to 8 storeys (plus penthouse) next to Quinpool Road and 3 storeys next to Pepperell Street; • Streetwall height, up to 3 storeys next to Quinpool Road; • Ground floor commercial design facing Quinpool Road; • At-ground residential unit design facing Pepperell Street; • Building setbacks and step-backs; • Permitted land uses, including a mix of residential, commercial, cultural and institutional uses; • Permitted uses facing Pepperell Street, which do not include: restaurants and licensed alcohol establishments; micro brewery or micro distillery; banks and office uses; retail uses and pharmacies; and commercial recreation uses; • Prohibited cladding materials; • Indoor and outdoor amenity space; and • The percentage of units that must be two bedrooms or more (at least 30%). The proposed development agreement contains an option for enclosed, at-grade parking accessible from Quinpool Road. This parking area would be screened to complement the commercial store fronts. The driveway would line up opposite ▇▇▇▇▇▇ Street, subject to final approval from Engineering staff. Staff recommends that this option is reasonably consistent with the MPS policy, specifically Policy 10.2.1 (2e), which states that driveways should minimize their impact on pedestrians and streetscapes. This at-grade parking is separate from the main driveway and underground parking entrance, which is off Pepperell Street. Throughout the public engagement program, the main driveway and underground garage entrance was shown near this location on Quinpool Road. A driveway and underground garage entrance facing Quinpool Road was also shown to Halifax Peninsula PAC. Later, the applicant moved the main driveway and underground garage entrance to Pepperell Street to comply with the HRM Streets By-law.