Common use of Proposed Development Agreement Clause in Contracts

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. Signing Period and Subdivision 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. Mix of Residential Uses 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 and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.

Proposed Development Agreement. Attachment B 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: • Maximum A maximum limit of 104 dwelling units, with a minimum of 55% of the total number containing at least two bedrooms and a minimum of 5% of the total number of residential unitsunits containing three or more bedrooms; • Mix of permitted uses; • Number of units per dwelling type; • Phasing; • New public street connections and private shared driveways; • Provisions regarding the locationHeight, numbersiting, massing, and height exterior design elements of single unit dwellingsthe building; Case 23862: Development Agreement 0000-0000 Xxxx Xxxxxxx Road, Xxxx Harbour Community Council Report - 4 - February 2, 2023 • Required indoor and outdoor amenity space, including the minimum size of indoor space and landscaping for the outdoor space; • Controls regarding on site access location and requirements for vehicular parking; • Landscaping and lighting controls, including the locationrequirement for a minimum 1.5 metre tall opaque fence along the eastern property boundary; • Requirements for a non-disturbance area around the watercourse; • Requirement for Lot Grading and Erosion and Sedimentation Control Plans in accordance with By- law G-200; and • Non-substantive amendments permitted within the agreement, numberincluding: o Changes to accommodate commercial uses on the ground floor; o Changes to accommodate potential improvements to Xxxx Harbour Road; o Changes to the parking, heightcirculation, and design access requirements; o Changes to the landscaping requirements; and o Extension to the dates 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-multiple unit Open Space Design developmentdwelling, 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 CB, the following have been identified for detailed discussion. Signing Period and Subdivision Height 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. Mix of Residential Uses 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 and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement also include homewill enable a six-based offices and privately-owned community facilitiesstorey building. Secondary and backyard suites are not permitted as the relevant policy is specific Other apartment buildings in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the communityare 3 storeys, which staff advise to be reasonably consistent with is approximately the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations maximum height achievable as-of-right. Staff advise that There is one four- storey apartment building located to the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% west of the lands subject site, which is proposed subject to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parklanddevelopment agreement. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that While the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets significantly taller than other buildings in the adjacent subdivisions and are in proximity area, staff think there is merit to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.consider a taller building at this location for a number of reasons:

Proposed Development Agreement. Attachment B A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses would permit two child care centres for up to 80 children divided equally between the following matterstwo sites, as follows: • Maximum number A maximum of residential units40 children under care permitted at 00 Xxxxxxx Xxxx Road; • Mix A maximum of 40 children under care permitted usesat 0 Xxxxxxxxx Xxxx; • Number of units per dwelling typeBoth properties within the single subject site will be subject to one development agreement; • PhasingR-1 uses are permitted if child care centre is no longer operational; • New public street connections and private shared drivewaysEach building must retain residential characteristics; • Provisions regarding the location, number, Outdoor play area required with safety boundaries and height of single unit dwellingsscreening; • Controls regarding the location, number, height, and design Hours of the senior citizen housingoperation from 7:00 a.m. to 6:30 p.m.; • Retention of 60% of the lands as open space; • Parkland dedication; • Servicing the development with central water and private 9 hard-surfaced vehicle on-site septicparking spaces, and dedicated walkways to the buildings; and• A driveway loop connecting the properties to provide safer vehicular and pedestrian access, improve sightlines, and reduce congestion; • Deadlines 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 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 374are listed as non-unit Open Space Design development, subject to the controls identified abovesubstantive matters. Of the matters addressed by the proposed development agreement to satisfy the MPS and RMPS criteria as shown in Attachment CB, the following have been identified for detailed discussion: Traffic, Parking, and Pedestrians Community concern expressed through the engagement process was primarily focussed on traffic, pedestrian activity and the supply of parking. Signing Period The bulk of staff analysis focused on these aspects of the proposal in consultation with the Development Engineer and Subdivision 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 COVID-19 pandemic has resulted proposal includes the addition of a driveway loop connecting 55 Xxxxxxx 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 00 Xxxxxxx Xxxx Rd & 4 Grosvenor Rd, Halifax Community Council Report - 5 - October 15, 2019 These improvements are enabled by a change in difficulties the streetline through a municipal real estate transaction recently approved by Regional Council that enlarged the 0 Xxxxxxxxx Xxxx property to provide the additional on-site space required for the driveway and off-street vehicle parking. Users of both facilities will enter the site from the Grosvenor Road driveway serving 55 Xxxxxxx Lake Road and exit from the 4 Grosvenor Road driveway. The points of access and egress are both on Grosvenor Road providing adequate sight lines and more efficient traffic flow. Implementation Policy 3.20.1(c) requires on-site parking for child care centre employees. The proposed development agreement anticipates providing one parking space for every two employees. Staff are satisfied that this ratio will be satisfactory because the site is located on a transit route and is embedded within a residential neighbourhood, making it possible for employees to take transit, walk or cycle to work. Concentration of Child Care Centres Implementation Policy 3.20.1 g. directs Council to consider whether approving the development agreement would produce a concentration of child care centres within a particular neighbourhood. A child care centre operated by the same property owner is located at 00 Xxxxxxx Xxxx Road, across the street from the subject site. Halifax and West Community Council approved a development agreement to increase the number of children permitted at that site from 14 to 16 after a public hearing on August 6, 2019 (Case 21795). This approval combined with the two child care centres proposed in having legal agreements signed this application would result in three child care operations in the immediate area around the intersection of Xxxxxxx Lake Road and Grosvenor Road. Notwithstanding their physical proximity, staff do not consider the two proposed child care centres to be in the same neighbourhood as the recently approved operation at 00 Xxxxxxx Xxxx Rd. These operations are separated by multiple parties in short periods of timeXxxxxxx Lake Road which is a busy arterial street that provides a substantial barrier between the sites. To recognize this difficulty in Under 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. Mix of Residential Uses 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 and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under advise that approving the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil expected to generate negative impacts that are typically associated with a special need in the community, which staff advise to be reasonably consistent with the intent concentration of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be child care centres within a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval processparticular neighbourhood.

Proposed Development Agreement. Attachment B 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: • Maximum number of residential units; • Mix of permitted Permitted land uses; • Number of units per dwelling typeDwelling types and maximum density; • PhasingSubdivision; • New public street connections Non-disturbance areas 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 common open space; PLAN APP 2023-00563: Development Agreement 000 Xxxxxxx Xxxx Road, Xxxxxxx Cove Community Council Report - 4 - May 14, 2024 • Parkland dedication; • Servicing the development with central water Sidewalk connections; 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 Requirements prior to the proposal over the years to satisfy the policy criteria, address concerns raised by the public, and meet technical requirements issuance of HRM and other government agenciespermits. The attached development agreement will permit a 374-unit Open Space Design developmentsubdivision consisting of 37 residential lots on new public streets allowing a total of 56 main dwelling units, plus secondary and backyard suites, 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 CB, the following have been identified for detailed discussion. Signing Period Intent of Plan The MPS was amended in 2001 to include the subject policies which enable subdivision on new public streets (RES-2C, RES-2D, and Subdivision RES-2E). These policies were created in response to the extension of the municipal water and sewer boundary to allow for low density residential infill development to occur within the Xxxxxxx Cove community. The COVID-19 pandemic corresponding 2001 staff report (case 00098) describes how the community sought to maintain their village character by limiting dwelling types to single and two-unit dwellings, and by including various design criteria that protect the environment. The proposed development has resulted been designed to achieve the goals of the community and meets each of the design criteria set out in difficulties the policies. The proposed layout reflects the best option by considering slope, hydrology, stormwater management, road connectivity, and parkland dedication. These features are further discussed in having legal agreements signed by multiple parties in short periods this report. Density and Housing Form Policy RES-2D prescribes a net density of timefour units per net developable acre, while policy RES-2E limits the housing forms to single and two-unit dwellings, with secondary or backyard suites. To recognize this difficulty in these unusual circumstancesThrough public engagement, staff received requests for both tiny houses and multiple unit dwellings to maximize development and increase density, with additional protection of green space in the surrounding area. However, the policy is clear in its intent regarding housing form and density. Therefore, the development includes a mix of single and two-unit dwellings, with secondary and backyard suites, to a maximum of 56 main dwelling units. In accordance with the general provisions of LUB, secondary and backyard suites are recommending extending not main dwelling units, meaning that one secondary or backyard suite is permitted per lot. As there are 37 lots proposed, there is potential for a total of 37 secondary or backyard suites, in addition to the signing period for agreements following a Council approval 56 main dwelling units permitted through this agreement. Policy RES-2E enables the reduction of lot frontage and completion area as compared to the minimum requirements of the required appeal period. While normally agreements are required underlying HCR zone, provided that an equal area 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. Mix of Residential Uses A maximum of 374 residential units that which 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 and adequate road connections. The single unit dwelling reduced is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing provided in the form of townhouses a contiguous common open space. The applicant has reduced many of the lots from the required 929 square metres (10,000 square feet) to as small as 557.4 square metres (6000 square feet), and multiple unit dwellings is also provided an undisturbed common open space in return, in accordance with this policy. This encourages a more compact design and reduction in the length of required public road while maintaining overall allowable density, along with preservation of vegetated green space. The proposed in specific locations dwelling types and density are consistent with the policies. Environmental Protection and Stormwater Management Policy RES-2D outlines several design criteria to be encouraged by Council that relate to environmental protection. These include reproducing pre-development hydrogeological conditions, allocating development to the areas most suitable and avoiding areas that are environmentally sensitive, minimizing changes to the existing topography, preserving and utilizing natural drainage systems, and retaining natural vegetation. The proposed development’s design evolved throughout the course of review to achieve a design that best meets these environmental design criteria, along with the required standards for other aspects of the development. The types of land uses enabled under proposed development avoids the steepest sloped areas, as well as the three existing wetlands that were identified. In particular, the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as features approximately 24% vegetation retention (of the relevant policy is specific entire subject area) in the maximum density permitted within form of non-disturbance areas along the rear property lines of several proposed development. Senior citizen housing offers a land use lots and the 6886 square metre common open space that is not currently available to be left permanently undisturbed. The proposal also features the requirements minimum 10% park dedication in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use form of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% northwestern portion of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parklandsubject area. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110PLAN APP 2023-00563: Rezoning and Development Agreement Windgate Drive000 Xxxxxxx Xxxx Road, Beaver Bank Xxxxxxx Cove Community Council Report - 8 5 - November 8May 14, 2021 mature forests. As enabled under 2024 Through the Open Space policiescommunity engagement, active and passive recreation uses for residents some members of the community raised concerns about the protection of watercourses and the potential for flooding on adjacent properties. While this is typically confirmed during the permitting process, the applicant contracted a third-party environmental watercourse specialist to assess the subject properties and provide a report to HRM on the findings. The report determined that there are no watercourses, but confirmed the presence of intermittent drainage channels that occur during high precipitation in areas of low topography. The applicant further provided a report regarding the proposed stormwater management for this development which explains how it will generally mimic the existing drainage characteristics of the site. Access and Traffic Generation Implementation policy IM-10 directs Council to consider the adequacy of road networks leading to and from the development, as well as facilities the controls that are in place to service reduce conflicts that may arise from traffic generation, access to and egress from the site, and parking. A Traffic Impact Study was completed for this proposal and was reviewed and accepted by HRM Development Engineering, with no concerns raised with respect to traffic generation, access, egress, or parking. Through community engagement, concerns were raised regarding the single access to Angler Drive. A second access is not required for road networks serving less than 100 dwelling units and the proposal includes two potential future street connections to abutting lands. The proposed layout of the roads meets all Municipal Design Guideline Standards, including standards for access and egress. Priorities Plans In accordance with Policy G-14A of the Halifax Regional Plan, this planning application was assessed against the objectives, policies and actions of the priorities plans, inclusive of the Integrated Mobility Plan, the Halifax Green Network Plan, HalifACT, and Halifax’s Inclusive Economic Strategy 2022-2027. While these priority plans often contain policies which were originally intended to apply at a regional level and inform the development of Municipal Planning Strategy policies, there are permitted within still components of each plan which can and should be considered on a site by site basis. Where conflict between MPS policy and priority plan policy exists, staff must weigh the open space areasspecificity, age, and intent of each policy, and consider how they would be applied to a specific geographic context. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. FurthermoreIn this case, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brookfollowing policies were identified to be most relevant to this application, and a new park at as such were used to inform the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.recommendation within this report:

Proposed Development Agreement. Attachment B 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: • Maximum number Type, maximum number, and siting of residential units; • Mix Secondary and backyard suites; • Minimum lot sizes; • Configuration and design of permitted new public streets; • Controls on home business uses; • Number Location and size of units per dwelling typeneighbourhood park as parkland dedication for the subdivision; • Phasing; • New public street connections Location and private shared driveways; • Provisions regarding size of tree buffers between the location, number, development 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 dedicationexisting residential uses; • Servicing the development with central water and private on-site septicstormwater management requirements; and, 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 aboveSignage provisions. Of the matters addressed by the proposed development agreement to satisfy the MPS and RMPS criteria as shown in Attachment CB, the following have been identified for detailed discussion. Signing Period and Subdivision 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. Mix of Residential Uses 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 and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Unit Types 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 uses 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 Secondary and Backyard Suites A secondary suite is more in keeping with a subordinate dwelling unit located entirely within the surrounding area than the types of land uses permitted 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 current I-1 proposed agreement. Each lot would be permitted a total of one secondary or backyard suite. Allowing secondary and MR-1 zoningbackyard 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. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Useable Public Lands Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options1,789 sq. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new m neighbourhood park at the end corner of Xxxxxxx Solar Court connecting to and Dusk Drive satisfies the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow definition of useable land under the Regional Subdivision By-law for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Parkacceptance as public parkland. Any additional parkland dedication required at the final subdivision stage would be accepted as in the form of cash in lieu or local site improvements of equivalent value as determined by the Development Officer through the subdivision approval processvalue.

Proposed Development Agreement. Attachment B 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: • Maximum number Requires the building to meet the regulations of residential unitsthe LUB, with limited variations as identified in this report; • Mix Requires a density bonusing contribution as per the policies of permitted usesthe SMPS and the requirements of the LUB; • Number of units per dwelling typeProvides a pedestrian thoroughfare from Canal Street to Maitland Street and abutting landscaped open space on private land; • Phasing; • New public street connections and private shared driveways; • Provisions regarding Requires the locationbuilding to be designed to meet future grades of the Patuo’qn Street (formally Dundas Street) extension, numberCanal Street, and height of single unit dwellingsMaitland Street; and • 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 Non-substantive amendments permitted to the development with central water agreement including: o Changes to the grade requirements along the streets and private on-site septictransportation reserve; and, • Deadlines for o Changes required to address land acquisition along the transportation reserve; and o Extension to the dates of 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 proposed development agreement will permit two residential towers on a 374-unit Open Space Design developmentshared 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 MPS and RMPS SMPS criteria as shown in Attachment CB, the following have been identified for detailed discussion. Signing Period Proposed Zoning and Subdivision Variation to the Land Use By-law The COVID-19 pandemic has resulted 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 difficulties in having legal agreements signed by multiple parties in short periods of timethe LUB. To recognize this difficulty in these unusual circumstancesWith guidance from the SMPS Map 13: Future Growth Node Land Use Concept – Dartmouth Cove (Attachment C), staff are recommending extending have determined that the signing period most appropriate zone for agreements following 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 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 Several variations of the LUB requirements have no impact on been requested to achieve the development rights held within objectives of the agreement, and Dartmouth Cove FGN while also ensuring the agreement could be executed in a shorter period of time if the situation permits. Mix of Residential Uses A maximum of 374 residential units permitted density 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 and adequate road connectionsachieved. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement also include homeapplicant Case 2023-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 2011000453: Rezoning and Development Agreement Windgate Drive00 Xxxxx Xxxxxx, Beaver Bank Xxxxxxxxx Community Council Report - 8 4 - November 8January 11, 2021 mature forests2024 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 be increased from 27 metres by 27 metres to 35 metres by 35 metres, and the maximum tower floor area be increased from 750 square metres to 1175 square metres. As enabled under These variations are requested for the Open Space policiestall mid-rise building only. The high- rise building does not require and will not receive any variations. These variations are required to ensure the permitted density, active and passive recreation uses for residents as outlined in Map 13 of the development Regional Centre SMPS, is achieved while also providing a significant portion of the site as well as facilities landscaped open space to service accompany the pedestrian throughfare. Staff believe the variations are relatively minor and result in the development are permitted within achieving the intent and objectives of the Dartmouth Cove Future Growth Node by providing open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required otherwise would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval processnot exist.

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 Allows for a 10 storey multi-unit residential units; • Mix of permitted building with ground floor commercial uses; • Number of units per dwelling typeRequires 146 interior parking spaces; • PhasingRequires a minimum of 50% of the units be two or more bedrooms; • New public street connections and private shared drivewaysRequire a minimum of 110 square metres of indoor amenity space, which shall include space above ground with access to outdoor amenity space; • Provisions regarding the location, number, and height Require a minimum of single unit dwellings340 square metres of outdoor amenity space; • Controls regarding the locationon building siting, numbermassing, height, exterior design and design of the senior citizen housingmaterials; • Retention Require landscaping plan which will include landscaping along the Demone St frontage, south- western and north- eastern property boundaries; and • Non-substantive amendments include the granting of 60% an extension to the date of the lands as open space; • Parkland dedication; • Servicing the development with central water and private on-site septic; andcommencement, • Deadlines length of time for commencement and completion of the development. Case 20110: Rezoning development 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 changes 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 agenciesunit mix. The attached development agreement will permit a 374mixed-unit Open Space Design developmentuse building, 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. Signing Period Building Massing and Subdivision Design The COVID-19 pandemic has resulted in difficulties in having legal agreements signed by multiple parties in short periods of timebuilding is well articulated and utilizes materials, colours and recesses to define the space and break up the massing. To recognize this difficulty in these unusual circumstancesThe building is well defined into a base, staff are recommending extending middle and top, and materials have been chosen to visually lighten the signing period for agreements following a Council approval and completion appearance of the required appeal period. While normally agreements are required to be signed within 120 days, staff recommend doubling this time period to 240 daystop. The recommended extension would also provide time for completion portions of the subdivision application required building that front on a street are made of glass and light colours to register reduce the proposed development agreement. This extension would have no visual impact on of the development rights held within the agreement, and the agreement could be executed in a shorter period of time if the situation permits. Mix of Residential Uses 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 and adequate road connectionsbuilding. The single unit dwelling building is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses an area that transitions from commercial and multiple unit dwellings is also proposed in specific locations of the developmentindustrial use, to a more stable low density residential neighbourhood. The types height of land uses enabled under the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted this building steps down as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use it approaches Young Street, providing that is not currently available in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting transition to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposedR-2 neighbourhood. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.Amenity Space

Proposed Development Agreement. Attachment B 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: • Maximum number of Allows a 3-storey multiple unit building containing 18 residential units; • Mix of permitted usesHeight, siting, massing, and exterior design controls; • Number of units per dwelling typeMinimum amenity space requirements; • Phasing; • New public street connections Landscape and private shared driveways; • Provisions regarding the location, number, and height of single unit dwellingslighting controls; • Controls regarding on parking location and a parking minimum of 14 spaces; • Minimum bicycle parking requirements in accordance with the locationrequirements of the Xxxx Harbour/Xxxxxxxx LUB; • Includes the ability to construct accessory buildings in accordance with the requirements of the Xxxx Harbour/Xxxxxxxx LUB; and • Non-substantive amendments permitted within the agreement including: o Minor changes to siting, numberbulk, height, and or scale of the building; o Changes to the exterior architectural design of the senior citizen housing; • Retention of 60% building which are not minor nor consistent with the general architectural intent of the lands as open spaceSchedules; • Parkland dedication; • Servicing and o Extension to the development with central water and private on-site septic; and, • Deadlines for dates of 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 proposed development agreement will permit a 374-multiple unit Open Space Design developmentresidential building, 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 CB, the following have been identified for detailed discussion. Signing Period Parking and Subdivision Site Access 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 agreement requires fewer vehicle parking spaces than 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. Mix of Residential Uses 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 required for safe and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of under the developmentXxxx Harbour/Xxxxxxxx Land Use By-law. The types LUB requirement would result in a minimum 27 spaces for this development as it requires that 1.5 spaces be provided per unit. The proposal includes a minimum of land uses enabled under the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the community14 vehicular parking spaces, which staff advise to be reasonably consistent with the intent results in a parking ratio of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality0.8 spaces per unit. Staff advise that this lower parking ratio can be supported due to the proposed mix of residential uses is more in keeping with reasonable distance from the surrounding area than the types of land uses permitted under the current I-1 site to active transportation routes, bus service, and MR-1 zoningshops and services including schools, Xxxx Harbour Place recreation centre, and a grocery store. The current zoning permits applicant has provided that Dartmouth Housing’s experience with their existing housing stock is that anticipated tenants have fewer cars than a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations asmarket unit PLANAPP 2023-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including 00339 (formerly Case 20110: Rezoning and 24496): Development Agreement Windgate Drive0 Xxxxxxxxxx Xx, Beaver Bank Xxxx Xxxxxxx Community Council Report - 8 4 - November 8July 6, 2021 mature forests. As enabled under 2023 building would, thereby reducing the Open Space policies, active and passive recreation uses for residents impact of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing on traffic and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets parking demand in the adjacent subdivisions and are in proximity to the Second Lake Regional Parkarea. Any It is also noted that additional parkland dedication required would bicycle parking will be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval processprovided.

Proposed Development Agreement. Attachment B 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: • Maximum number of residential unitsLegalize the existing salvage yard operation; • Mix of permitted usesEstablish a vegetative buffer through existing treed areas from adjacent properties; • Number of units per dwelling typeEstablish visual screening from Clam Harbour Road; • PhasingEstablish watercourse buffers; • New public street connections Regulate access and private shared drivewaysparking; • Provisions regarding the locationAllocate areas for vehicle, number, tire storage and height of single unit dwellingscrushing sites; • Controls regarding the location, number, height, and design of the senior citizen housingConfirm adherence to Provincial standards; • Retention Provide for non-substantive amendments including: - the granting of 60% an extension to the date of commencement of development; and - the lands as open space; • Parkland dedication; • Servicing length of time for the development with central water and private on-site septic; and, • Deadlines for commencement and completion of the development. Case 2011022198: Rezoning and Development Agreement Windgate Drive0000 Xxxx Xxxxxxx Xxxx, Beaver Bank Xxxx Xxx Community Council Report - 7 4 - November 8March 4, 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, legalize the existing salvage yard operation subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS and RMPS criteria as shown reviewed in Attachment CB, the following items have been identified for detailed discussion. Signing Period Buffering and Subdivision The COVID-19 pandemic has resulted in difficulties in having legal agreements signed by multiple parties in short periods Screening Measures Clause (f) of time. To recognize this difficulty in these unusual circumstances, staff are recommending extending the signing period for agreements following a Council approval Policy MU-14 directs consideration be given to adequate buffering and completion of the required appeal period. While normally agreements are required screening measures to be signed within 120 days, staff recommend doubling this time period reduce any visual and/or noise intrusion 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. Mix of Residential Uses A maximum of 374 surrounding 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 and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under Through the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy (Attachment A) this is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area – it would fulfil a special need in the community, which staff advise to be reasonably consistent achieved with the intent following measures: • Limit the hours of enabling new seniors housing developments in operation to 8:00 am to 9:00 pm daily. The business currently keeps business hours flexible depending on clients needs but generally these hours reinforce a daytime use of the Plan areaproperty which helps maintain compatibility with surrounding uses; • Retain and maintain the existing wooded areas and natural tree buffering on both sides of the subject property, as shown on the Map 3, between the operations of the site and the adjacent properties and Clam Harbour Road; and • Limit the operation and storage of vehicles to the area behind the existing single unit dwelling and attached garage. Controls are included in Any future proposed decrease to the wooded area buffers to adjacent properties would be considered a substantive amendment to the proposed development agreement relating and would need to topics including building design, building location, building scale, and amenity areabe approved by Council via a subsequent application. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering Impact on Environment /Watercourse Buffers Clause (g) of units Policy MU-14 requires adequate measures to protect open space as intended by the Open Space Design policiesnatural environment. Although A small intermittent stream has been identified at the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation south western portion of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based subject site as shown on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoningMap 3. The current zoning permits a wide range proposed development agreement addresses the proximity of commercialthe salvage yard operation to any known watercourse and stipulates that no outdoor storage facility use, industrialbuilding, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping associated with the surrounding area than the existing as-of-right development options. Open Space salvage yard, and Parkland A minimum of 60% of the lands is proposed to automotive repair shop shall be maintained as common open space in the ownership within 20 metres (61 feet) of a condominium corporation or by watercourse. In addition, the Municipality as parkland. Open Space areas are intended applicant is required to maintain submit a connected open space systemdetailed site disturbance plan, protect primary conservation features such as riparian buffers, natural corridorserosion and sedimentation control plan, and wetlands, stormwater management plan prior to the issuance of a development permit. This will ensure the watercourse setback is being met and identify secondary conservation features to be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites vehicles are strategically located placed only in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts allocated locations as shown on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval processMap 3.

Proposed Development Agreement. Attachment B 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: • Maximum number Requires the building to meet the regulations of residential unitsthe Regional Centre LUB, with limited variations as identified in this report; • Mix Requires a density bonusing contribution as per the policies of permitted usesthe Regional Centre Secondary Planning Strategy and the requirements of the Land Use By-law; • Number of units per dwelling typeProvides pedestrian-oriented ground uses along Martins Park, Canal Street, and Patuo’qn Street Extension; • PhasingCohesive grade interaction with Martins Park; and • 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 Non-substantive amendments permitted to the development agreement including: o Changes to the grade requirements along the shared property line with central water Martins Park; and private on-site septic; and, • Deadlines for o Extension to the dates of 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 proposed development agreement will permit two residential towers on a 374-unit Open Space Design developmentshared 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 MPS and RMPS SMPS criteria as shown in Attachment CB, the following have been identified for detailed discussion. Signing Period and Subdivision Variations to the Land Use By-law 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 circumstancessite is zoned CDD-2, staff are recommending extending however, the signing period for agreements following a Council approval and completion enabling policies of the Regional Centre SMPS direct that the uses and building form be regulated by pre-existing zones in the Regional Centre Land Use By-law. Policy further acknowledges that limited site-specific adjustments to meet the applicable site-specific Dartmouth Cove FGN requirements and objectives may also be 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 a development agreement. With guidance from the Regional Centre SMPS Map 13: Future Growth Node Land Use Concept – Dartmouth Cove (Attachment C), staff have determined that the most appropriate zone against which to evaluate the proposal for the site is the Centre 2 (CEN-2) Zone. In addition, several proposed variations of the LUB requirements have been requested to achieve the objectives of the Dartmouth Cove FGN. Specifically, the Floor Area, Building Dimensions, Streetwall Stepback, Tower Side Yard Setback, and Balcony variations are provided to ensure a built form that permits the density allowed for the site (which is established under Policies F-11(d), F-11(l), and Map 13); xxx Xxxxxxx Park Setback variation is to ensure Policy F-11(d)(iv) is met, which requires appropriate setbacks from Martins Park. Floor Area This extension would have no impact variation request seeks an alteration to how maximum floor area is distributed on the development rights held within the agreement, and the agreement could be executed in a shorter period of time if the situation permits. Mix of Residential Uses 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 and adequate road connectionssite. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement also include home-based offices and privately-owned community facilities. Secondary and backyard suites are not permitted as the relevant policy is specific in Regional Centre SMSP sets the maximum density permitted within floor area ratio (FAR) for the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate Dartmouth Cove area – it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. Staff advise that the proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the lands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to be carefully developed including through 4 distinct Case 2011022875: Rezoning and Development Agreement Windgate Drive00 Xxxxx Xxxxxx, Beaver Bank Xxxxxxxxx Community Council Report - 8 4 - November 8December 1, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development as well as facilities to service the development are permitted within the open space areas. Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the adjacent subdivisions and are in proximity to the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.2022