Common use of Proposed MPS and LUB Amendments Clause in Contracts

Proposed MPS and LUB Amendments. Staff considered the existing MPS policy context, the principles put forward in the June 13, 2017 Centre Plan document, and appropriate development tools for the scale of development in drafting the proposed MPS and LUB amendments. Attachments A and B contain the proposed MPS and LUB amendments. A summary of the proposed amendments are as follows: • Changes to MPS Policy C-20 to remove the reference to 000 Xxxxx Xxxx Xxxx from the original section as it is currently relevant only to the Petro Canada at 000 Xxxxxxxx Xxxx; • Addition of Policy C-20(2), which will allow the existing building at 000 Xxxxx Xxxx Xxxx to be used for anything permitted by the zone applied to the property, and to enable its use as an automotive repair garage by development agreement; and • Corresponding LUB amendments. Of the matters addressed by the proposed MPS and LUB amendments, the following has been identified for detailed discussion: Appropriateness of the automotive use The proposed change to the MPS is appropriate given that the existing Policy C-20 is no longer relevant to 000 Xxxxx Xxxx Xxxx. Staff advise that using the existing commercial building for an automotive repair garage is appropriate given the site’s location and context, the proposed access from Victoria Road and Albro Lake Road, and the building’s orientation away from the residential properties on Xxxxxxxx Street. Although the June 13, 2017 Centre Plan document identifies Corridors as areas where automotive uses should be discouraged, the proposed MPS and LUB amendments are minor changes that enable appropriate reuse of an existing commercial building. Policy C-20 originally envisioned both properties at 000 Xxxxxxxx Xxxx xxx 000 Xxxxx Xxxx Xxxx would be developed together with a gas bar. However, 000 Xxxxx Xxxx Xxxx was never developed as a gas bar, and the applicant would like to establish an automotive repair garage within the existing building. When compared to a gas bar, this proposal is smaller in scale and generally aligns with the direction of the Centre Plan document which speaks to “fully-enclosed” automotive uses. The proposed policy enables the proposed use by development agreement, which provides an additional level of control over the site design and conditions for the development, such as hours of operation. The policy envisions that any other uses will follow the zoning applied to the site. There is no change proposed to the development agreement criteria under existing Policy C-20, as the existing criteria remain relevant for any development on either 102 Albro Lake or 000 Xxxxxxxx Xxxx. An evaluation of the proposal against these criteria is provided in Attachment D. Proposed Development Agreement Attachment C 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: • An automotive repair garage contained within the building is permitted, as well as any uses permitted by the zoning applied to the site. “Automotive repair garage” is defined so that neither auto body work nor fuel sales are permitted; Case 20436: Amendments to the Dartmouth MPS/LUB and DA 000 Xxxxx Xxxx Xxxx, Xxxxxxxxx Community Council Report - 5 - January 11, 2018 • The automotive repair garage is limited to the footprint and volume of the existing building. Service bay installation and changes to the façade of the building will be permitted, but any additions or expansions to the building will be permitted only for a use permitted by the zone applied to the site; • Outdoor storage will require screening; • Any non-operating vehicles that require servicing may only be kept within the parking area temporarily, and otherwise must be stored indoors; • The driveways will be limited to the existing driveways on Albro Lake Road and Victoria Road, with no access from Xxxxxxxx Street permitted; and • Hours of operation permitted for the automotive repair garage use are 7:00 am to 8:00 pm.

Proposed MPS and LUB Amendments. Staff considered the existing MPS policy context, the principles put forward in the June 13, 2017 Centre Plan document, context and appropriate development tools for the scale of development in several policy approaches when drafting the proposed MPS and LUB amendments. Attachments A and B contain the proposed MPS and LUB amendments. A summary of the proposed amendments are as follows: • Changes to MPS Policy C-20 to remove the reference to 000 Xxxxx Xxxx Xxxx from the original section as it is currently relevant only to the Petro Canada at 000 Xxxxxxxx Xxxx; • Addition  use of Policy C-20(2), which will allow the existing building at 000 Xxxxx Xxxx Xxxx to be used as a restaurant is permitted;  use of the existing building for anything permitted by neighbourhood commercial uses and select local commercial uses is permitted;  use of the zone applied to the propertyexisting building for motor vehicle dealers, vehicle repair shops, and to enable its use as an automotive repair garage by development agreement; and • Corresponding LUB amendments. service stations is prohibited Of the matters addressed by the proposed MPS and LUB amendments, the following has been identified for detailed discussion: Appropriateness . The original Residential Development District for Melville Ridge restricted the use of the automotive use The proposed change 00 Xxxxxxxx Xxxxx to a complimentary Referral Centre and Day Care related to the MPS is appropriate given that assisted living facility. The policy did not envision subsequent changes in use. The relocation of a former drugstore to another commercial site on Xxxxxxx Cove Road again resulted in vacant commercial space, which remains restricted to health care related uses. In fact, permitting the existing Policy C-20 is no longer relevant drugstore use in 1994 required an amending development agreement to 000 Xxxxx Xxxx permit health care related uses. Case 19722: Amendments to the Halifax MPS, Halifax Mainland LUB and DA 00 Xxxxxxxx Xxxx. Staff advise that using the existing commercial building for an automotive repair garage is appropriate given the site’s location , Xxxxxxxxx Halifax and context, the proposed access from Victoria Road and Albro Lake Road, and the building’s orientation away from the residential properties on Xxxxxxxx Street. Although the June 13West Community Council Report - 5 - July 25, 2017 Centre Plan document identifies Corridors as areas where automotive uses should be discouraged, the The proposed MPS and LUB amendments are minor changes that would enable appropriate reuse neighbourhood commercial uses and select local commercial uses, including a restaurant within a portion of an existing commercial building. Policy C-20 originally envisioned both properties at 000 Xxxxxxxx Xxxx xxx 000 Xxxxx Xxxx Xxxx would be developed together with a gas bar. However, 000 Xxxxx Xxxx Xxxx was never developed as a gas bar, and the applicant would like to establish an automotive repair garage within the existing building, while ensuring significant building space remains for health care related uses. When compared to a gas bar, this proposal This approach is smaller in scale and generally aligns keeping with the direction SPS’ general policies for RDD development in the Mainland South area, and would provide reasonable re-use of the Centre Plan document which speaks to “fully-enclosed” automotive usesbuilding, should occupants change. The proposed policy enables the proposed use by development agreement, which provides an additional level of control over the site design and conditions for the development, such as hours of operation. The policy envisions that any other uses will follow the zoning applied to the site. There is no change proposed to the development agreement criteria under existing Policy C-20, as the existing criteria remain relevant for any development on either 102 Albro Lake or 000 Xxxxxxxx Xxxx. An evaluation of the proposal against these criteria is provided in Attachment D. Proposed Development Agreement Attachment C contains the proposed amending development agreement for the subject site and the conditions under which the development may occur. The proposed amending development agreement addresses the following matters: • An automotive repair garage contained within the building is permitted, as well as any uses permitted by the zoning applied to the site. “Automotive repair garage” is defined so that neither auto body work nor fuel sales are permitted; Case 20436: Amendments to the Dartmouth MPS/LUB and DA 000 Xxxxx Xxxx Xxxx, Xxxxxxxxx Community Council Report - 5 - January 11, 2018 • The automotive repair garage is limited to the footprint and volume  Allowing re-use of the existing building. Service bay installation and changes to the façade of the building will be permitted, but any additions or expansions to the building will be permitted only for a use permitted by the zone applied to the site; • Outdoor storage will require screening; • Any non-operating vehicles that require servicing may only be kept within the parking area temporarily, and otherwise must be stored indoors; • The driveways will be limited to the existing driveways on Albro Lake Road and Victoria Road, with no access from Xxxxxxxx Street permitted; and • Hours of operation up to 6,000 square feet permitted for neighbourhood commercial uses and select local commercial uses, including a restaurant. Specifically, the automotive repair garage use are 7:00 am to 8:00 pm.proposed amending development agreement would permit the following uses:

Proposed MPS and LUB Amendments. Staff considered the existing MPS policy context, the principles put forward in the June 13, 2017 Centre Plan document, context and appropriate development tools for the scale of development in several policy approaches when drafting the proposed MPS and LUB amendments. Attachments A and B contain the proposed MPS and LUB amendments. A summary of the proposed amendments are as follows: • Changes to MPS Policy C-20 to remove the reference to 000 Xxxxx Xxxx Xxxx from the original section as it is currently relevant only to the Petro Canada at 000 Xxxxxxxx Xxxx; • Addition use of Policy C-20(2), which will allow the existing building at 000 Xxxxx Xxxx Xxxx to be used as a restaurant is permitted; • use of the existing building for anything permitted by neighbourhood commercial uses and select local commercial uses is permitted; • use of the zone applied to the propertyexisting building for motor vehicle dealers, vehicle repair shops, and to enable its use as an automotive repair garage by development agreement; and • Corresponding LUB amendments. service stations is prohibited Of the matters addressed by the proposed MPS and LUB amendments, the following has been identified for detailed discussion: Appropriateness . The original Residential Development District for Melville Ridge restricted the use of the automotive use The proposed change 00 Xxxxxxxx Xxxxx to a complimentary Referral Centre and Day Care related to the MPS is appropriate given that assisted living facility. The policy did not envision subsequent changes in use. The relocation of a former drugstore to another commercial site on Xxxxxxx Cove Road again resulted in vacant commercial space, which remains restricted to health care related uses. In fact, permitting the existing Policy C-20 is no longer relevant drugstore use in 1994 required an amending development agreement to 000 Xxxxx Xxxx permit health care related uses. Case 19722: Amendments to the Halifax MPS, Halifax Mainland LUB and DA 00 Xxxxxxxx Xxxx. Staff advise that using the existing commercial building for an automotive repair garage is appropriate given the site’s location , Xxxxxxxxx Halifax and context, the proposed access from Victoria Road and Albro Lake Road, and the building’s orientation away from the residential properties on Xxxxxxxx Street. Although the June 13West Community Council Report - 5 - July 25, 2017 Centre Plan document identifies Corridors as areas where automotive uses should be discouraged, the The proposed MPS and LUB amendments are minor changes that would enable appropriate reuse neighbourhood commercial uses and select local commercial uses, including a restaurant within a portion of an existing commercial building. Policy C-20 originally envisioned both properties at 000 Xxxxxxxx Xxxx xxx 000 Xxxxx Xxxx Xxxx would be developed together with a gas bar. However, 000 Xxxxx Xxxx Xxxx was never developed as a gas bar, and the applicant would like to establish an automotive repair garage within the existing building, while ensuring significant building space remains for health care related uses. When compared to a gas bar, this proposal This approach is smaller in scale and generally aligns keeping with the direction SPS’ general policies for RDD development in the Mainland South area, and would provide reasonable re-use of the Centre Plan document which speaks to “fully-enclosed” automotive usesbuilding, should occupants change. The proposed policy enables the proposed use by development agreement, which provides an additional level of control over the site design and conditions for the development, such as hours of operation. The policy envisions that any other uses will follow the zoning applied to the site. There is no change proposed to the development agreement criteria under existing Policy C-20, as the existing criteria remain relevant for any development on either 102 Albro Lake or 000 Xxxxxxxx Xxxx. An evaluation of the proposal against these criteria is provided in Attachment D. Proposed Development Agreement Attachment C contains the proposed amending development agreement for the subject site and the conditions under which the development may occur. The proposed amending development agreement addresses the following matters: • An automotive repair garage contained within the building is permitted, as well as any uses permitted by the zoning applied to the site. “Automotive repair garage” is defined so that neither auto body work nor fuel sales are permitted; Case 20436: Amendments to the Dartmouth MPS/LUB and DA 000 Xxxxx Xxxx Xxxx, Xxxxxxxxx Community Council Report - 5 - January 11, 2018 • The automotive repair garage is limited to the footprint and volume Allowing re-use of the existing building. Service bay installation and changes to the façade of the building will be permitted, but any additions or expansions to the building will be permitted only for a use permitted by the zone applied to the site; • Outdoor storage will require screening; • Any non-operating vehicles that require servicing may only be kept within the parking area temporarily, and otherwise must be stored indoors; • The driveways will be limited to the existing driveways on Albro Lake Road and Victoria Road, with no access from Xxxxxxxx Street permitted; and • Hours of operation up to 6,000 square feet permitted for neighbourhood commercial uses and select local commercial uses, including a restaurant. Specifically, the automotive repair garage use are 7:00 am to 8:00 pm.proposed amending development agreement would permit the following uses:

Proposed MPS and LUB Amendments. Staff considered the existing MPS policy context, the principles put forward in the June 13, 2017 Centre Plan document, context and appropriate development tools for the scale of development in several policy approaches when drafting the proposed MPS and LUB amendments. Attachments A and B contain the proposed MPS and LUB amendments. A summary of the proposed amendments are as follows: • Changes to MPS Policy C-20 to remove the reference to 000 Xxxxx Xxxx Xxxx from the original section as it is currently relevant only to the Petro Canada at 000 Xxxxxxxx Xxxx; • Addition  use of Policy C-20(2), which will allow the existing building at 000 Xxxxx Xxxx Xxxx to be used as a restaurant is permitted;  use of the existing building for anything permitted by neighbourhood commercial uses and select local commercial uses is permitted;  use of the zone applied to the propertyexisting building for motor vehicle dealers, vehicle repair shops, and to enable its use as an automotive repair garage by development agreement; and • Corresponding LUB amendments. service stations is prohibited Of the matters addressed by the proposed MPS and LUB amendments, the following has been identified for detailed discussion: Appropriateness . The original Residential Development District for Melville Ridge restricted the use of the automotive use The proposed change 00 Xxxxxxxx Xxxxx to a complimentary Referral Centre and Day Care related to the MPS is appropriate given that assisted living facility. The policy did not envision subsequent changes in use. The relocation of a former drugstore to another commercial site on Xxxxxxx Cove Road again resulted in vacant commercial space, which remains restricted to health care related uses. In fact, permitting the existing Policy C-20 is no longer relevant drugstore use in 1994 required an amending development agreement to 000 Xxxxx Xxxx permit health care related uses. Case 19722: Amendments to the Halifax MPS, Halifax Mainland LUB and DA 00 Xxxxxxxx Xxxx. Staff advise that using the existing commercial building for an automotive repair garage is appropriate given the site’s location , Xxxxxxxxx Xxxxxxx and context, the proposed access from Victoria Road and Albro Lake Road, and the building’s orientation away from the residential properties on Xxxxxxxx Street. Although the June 13West Community Council Report - 5 - July 25, 2017 Centre Plan document identifies Corridors as areas where automotive uses should be discouraged, the The proposed MPS and LUB amendments are minor changes that would enable appropriate reuse neighbourhood commercial uses and select local commercial uses, including a restaurant within a portion of an existing commercial building. Policy C-20 originally envisioned both properties at 000 Xxxxxxxx Xxxx xxx 000 Xxxxx Xxxx Xxxx would be developed together with a gas bar. However, 000 Xxxxx Xxxx Xxxx was never developed as a gas bar, and the applicant would like to establish an automotive repair garage within the existing building, while ensuring significant building space remains for health care related uses. When compared to a gas bar, this proposal This approach is smaller in scale and generally aligns keeping with the direction SPS’ general policies for RDD development in the Mainland South area, and would provide reasonable re-use of the Centre Plan document which speaks to “fully-enclosed” automotive usesbuilding, should occupants change. The proposed policy enables the proposed use by development agreement, which provides an additional level of control over the site design and conditions for the development, such as hours of operation. The policy envisions that any other uses will follow the zoning applied to the site. There is no change proposed to the development agreement criteria under existing Policy C-20, as the existing criteria remain relevant for any development on either 102 Albro Lake or 000 Xxxxxxxx Xxxx. An evaluation of the proposal against these criteria is provided in Attachment D. Proposed Development Agreement Attachment C contains the proposed amending development agreement for the subject site and the conditions under which the development may occur. The proposed amending development agreement addresses the following matters: • An automotive repair garage contained within the building is permitted, as well as any uses permitted by the zoning applied to the site. “Automotive repair garage” is defined so that neither auto body work nor fuel sales are permitted; Case 20436: Amendments to the Dartmouth MPS/LUB and DA 000 Xxxxx Xxxx Xxxx, Xxxxxxxxx Community Council Report - 5 - January 11, 2018 • The automotive repair garage is limited to the footprint and volume  Allowing re-use of the existing building. Service bay installation and changes to the façade of the building will be permitted, but any additions or expansions to the building will be permitted only for a use permitted by the zone applied to the site; • Outdoor storage will require screening; • Any non-operating vehicles that require servicing may only be kept within the parking area temporarily, and otherwise must be stored indoors; • The driveways will be limited to the existing driveways on Albro Lake Road and Victoria Road, with no access from Xxxxxxxx Street permitted; and • Hours of operation up to 6,000 square feet permitted for neighbourhood commercial uses and select local commercial uses, including a restaurant. Specifically, the automotive repair garage use are 7:00 am to 8:00 pm.proposed amending development agreement would permit the following uses: