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: • Maximum number of residential units; • Mix of permitted uses; • Number of units per dwelling type; • Phasing; • New public street connections and private shared driveways; • Provisions regarding the location, number, and height of single unit dwellings; • Controls regarding the location, number, height, and design of the senior citizen housing; • Retention of 60% of the lands as open space; • Parkland dedication; • Servicing the development with central water and private on-site septic; and, • Deadlines for commencement and completion of the development. Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 7 - November 8, 2021 The application was originally submitted in 2014. Multiple revisions have been made to the proposal over the years to satisfy the policy criteria, address concerns raised by the public, and meet technical requirements of HRM and other government agencies. The attached development agreement will permit a 374-unit Open Space Design development, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS and RMPS criteria as shown in Attachment C, the following have been identified for detailed discussion. 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 in these unusual circumstances, 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 recommend doubling this time period to 240 days. The recommended extension would also provide time for completion of the subdivision application required to register the proposed development agreement. 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. A maximum of 374 residential units is enabled under the Open Space Design policies. Residential units are generally clustered on common condominium parcels to maximise retention of open space and minimize road development while providing for safe ...
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: • Location of the residential care facility on the subject site; • Provision for outdoor amenity area; • Location of driveway access and number of parking spaces (24); • Landscaping and signage; • Non-substantive amendments; and • Time allotted for commencement and completion. The attached development agreement will permit the proposed redevelopment of the existing residential care facility, subject to the controls 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 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 000 Xxxxxxxx Xxxxx, Xxxxxxx 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 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 Xxxxx 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 0000 Xxxxx Xx, 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 and the conditions under which the development may occur. The amending development agreement will permit 12 residential dwelling units and a commercial fitness centre on the ground floor of 00 Xxxxxx Xxxxxx Drive. 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. The fitness centre is not a required amenity area under the existing development agreement. It is a space provided by the property owner of their own accord. Commercializing the fitness centre is supported by policy as it allows the space to be utilized by the surrounding neighbourhood as a local commercial use.
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 and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address the following: • Permitted residential uses (maximum of 53 units, with a minimum of 27 two-bedroom units and a maximum number of 8 studio units, the remainder to be one bedroom units); • Provisions of appropriate transitions in scale to respect the pedestrian realm and the enjoyment of adjacent properties; • Controls on architectural design, signage, and lighting; • Required parking (bicycle and vehicular), circulation and site access; • Landscaping requirements for street trees, at grade areas of the site and for terrace/rooftop areas; • Site servicing, maintenance, and waste management facilities; • Requirement for commencement of development, defined as installation of foundation footings, within three years of the date of registration of the agreement; and • Options for limited non-substantive amendments by resolution of Council, including: minor modifications to design, and changes to timeframes for development. The attached development agreement will permit a residential development that is appropriate for the major commercial node that is established by the MPS along Pleasant Street and also compatible with the adjacent neighbourhood. 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 more 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 attached development agreement will permit a child care centre for up to 16 children, and the development agreement addresses the following matters: • A maximum of 16 children under care permitted; • R-1 uses are permitted if the child care centre use is no longer operational; • Outdoor play area is required with safety parameters and screening; • Hours of operation set for 7:00 a.m. to 6:30 p.m.; • Parking is set at 3 stalls minimum on site, hard surfaced, with a pedestrian path to the building; • Minimum standards are set for outdoor lighting, signage, refuse screening, and maintenance to mitigate nuisance; and • Changes to commencement and completion dates are deemed non-substantive. 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: • A maximum of 20 children under care; • Permitted uses, building and site requirements; • Architectural Requirements; • Parking and access; • Options for non-substantive amendments; • Hours of operation set for 6:30am to 7:00pm; and • Lighting and signs. Staff has reviewed the proposal relative to all relevant policies and advise that it is reasonably consistent with the intent of the Halifax MPS. Attachment B provides an evaluation of the proposed development agreement in relation to the relevant MPS policies. Implementation Policy 3.20 encourages the establishment of childcare centres in a variety of locations to meet the varied needs of families and states that childcare centres which would not meet LUB regulations may be considered by development agreement. The attached proposed development agreement will permit expanded child care centre uses, subject to the controls identified above. Implementation Policy 3.20.1 lists criteria for consideration when evaluating development agreements for childcare centres. 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 single unit dwelling on the property without frontage on a public street using an existing easement for access; and • Clarifies the required setback to the lot line facing Bellarosa way as 2.44m (8ft), which would be defined as a side yard setback (rather than a front yard setback) under the LUB, because the lot line is not facing a public street. The attached development agreement will permit a single unit dwelling, 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. Bellarosa Way is a named, private, shared driveway that has historically served 3 dwellings. Bellarosa Way intersects with another shared driveway, St Xxxxxxx Xxxx, which serves an additional 2 units. HRM records dating back as far as 1974 show that PID 40459992 (6 and 14 Bellarosa Way) historically had a third dwelling on it, which was torn down and received a development permit to rebuild in 2009. Since acquiring these properties, the applicant has completed work to widen and level Bellarosa Way and St Xxxxxxx Xxxx. Xxxxxxxxx Way and St Xxxxxxx Xxxx are named shared, privately-owned driveways serving multiple properties under the same ownership. The site will be accessed through Bellarosa Way, which crosses PIDs 40459992 (6 and 14 Bellarosa Way) and 00269290 (00 Xx. Xxxxxxx Xxxx). An easement that covers both properties used for access will be registered prior to permit issuance. This development agreement will allow land uses typical of the Holding Zone, including single unit dwellings and accessory uses, which include secondary and backyard suites, as well as home business uses as permitted in the Holding (H) zone of the LUB. All other adjacent existing homes or lots that abut onto a public street would be permitted to have these accessory uses as well.
