Common use of Discussion Clause in Contracts

Discussion. Staff has reviewed the proposal relative to the applicable policies of the MPS and are of the opinion that the proposal is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is consistent with the intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategy.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion has determined that the proposal proposed development is consistent with all applicable the MPS, particularly Implementation Policy 3.14. HRM Building Officials have reviewed the proposed plans and indicated that at the building permit stage, the building and the proposed unit will require detailed review and may need upgrades to meet current building code standards. Attachment B provides an evaluation of the proposed development agreement in relation to the relevant MPS policies. The following matters have been identified issues are highlighted for more detailed discussion: Residential uses are typically considered less intensive than commercial uses, as commercial uses generate a higher frequency of visits to the property, and may have impacts from increased traffic, commercial signage, and garbage. Staff are The proposed fifth unit is in keeping with the residential character of the opinion that neighbourhood. To ensure compatibility with the scale of neighbourhood, the proposed development proposed is will be generally consistent with the intent of the Village designation given Peninsula North Secondary Plan, which allows internal conversions of existing buildings provided that there is no increase in the buildings on the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour height or volume of the building. AlsoUnder the present zoning, existing buildings in this area may be converted to up to 4 residential units, provided that there is no increase in the addition will height or volume of the building and at least one of the units in the converted building contains two or more bedrooms. Although this proposal would allow one additional residential unit than what would be used as a foyer for permitted under the existing zoning, staff advise that five residential units are appropriate given the size of the site and the existing building. As additional parking is not required for an internal conversion for residential units in the Peninsula North area and the area is well-served by public transit, therefore, staff have no concerns with only the adequacy existing three parking spaces are required under the proposed development agreement. The portion of the on-site services. The proposed rear yard not used for parking area includes 9 vehicular parking spaces including one barrier free shall be maintained as landscaped open space. The existing parking conditions are similar proposal was reviewed by the Districts 7 & 8 Planning Advisory Committee (PAC) on September 22, 2014. A report from the PAC will be submitted to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchangedCommunity Council under separate cover. The parking standards of the LUB would require a minimum of 35 parking spaces Committee had no recommendations for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas inclusion within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategydevelopment agreement.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of proposed development proposed is consistent with the intent MPS. Attachment C provides an evaluation of the Village designation given that proposed development agreement in relation to the buildings on relevant MPS policies. Given the same side large size of the highway are used site which enables substantial stepbacks of upper floors, and its context to the block and surrounding areas, greater height is generally appropriate subject to detailed design controls; the site presents an opportunity for commercial uses and are relatively similar in style and contain a mix of front façadescomprehensive site planning. The proposed addition building height continues to fall within the medium rise range as required by MPS policy and, as such, can be considered through the development agreement process enabled by Schedule Q. The inclusion of the site within Schedule Q will ensure that Council has control over the design of the project on the site in order to protect the amenity and development potential of abutting properties and the character of the streets. Attachment A contains the proposed amendments for this to occur. The site does represent a substantial opportunity for major infill development that can contribute to the Home Hardware store will not substantially change the look ongoing revitalization of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used Gottingen Street as a foyer major commercial node, however the proposed additional height must be considered carefully to ensure it is appropriate for the existing building, therefore, staff have no concerns with the adequacy of the on-site servicesand surroundings. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. following considerations apply: • Unlike most other areas of Gottingen Street, there are no designated low density neighbourhoods (which are most sensitive to taller development) in close proximity; • The entire block is designated and zoned for commercial development, meaning that existing parking conditions are similar to that being proposed with housing on the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an block can be replaced by as-of-right application. Howevercommercial and high density development with no ability for public input or council control; • Unlike in other portions of Peninsula North, staff feels that this parking requirement is unnecessary policies 1.4.8 and 2.9 do not prescribe actual height limits, which gives Council discretion in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by process as to what comprises a medium rise form; and • Policies 1.4.8 and 2.9 do not prescribe actual height limits; this provides Council on September 28, 2011. There are other parking areas within very close proximity with discretion through the development agreement process to determine an appropriate medium rise form for the site. This includes a vacant lot across the street that is owned by the Developer project; and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning• By comparison, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- ofDowntown Halifax LUB considers mid-right. To minimize impacts on parking and access due rise buildings to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategy.be up to

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal proposed development is consistent with all applicable the intent of the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional type uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposed development represents a small expansion of the area under the Schedule (Map 3). The proposal will benefit from the controls and flexibility that the development agreement process provides, in turn reducing the potential for land use and design conflicts. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 35 units, with a minimum of 13 two-bedroom units and 2 two-bedroom+den units); • ground floor minor commercial uses; • building mass, architectural, signage, and lighting; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping for terrace/rooftop landscaped areas; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: signage requirements and changes to timeframes for development. The attached development agreement will permit a mixed use development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following matters have been identified for more detailed discussion. Staff are One of the opinion that key considerations when reviewing an application within Schedule Q is the scale compatibility of development the proposed is consistent land use with the intent existing neighbourhood and the mitigation of potential impacts that could potentially arise. These aspects were considered as follows: • The site is located in close proximity to properties that recently received Council’s approval for development agreements under Schedule Q (Map 3). Approved proposals include 7 to 8-storey residential and mixed use buildings which consist of townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the Village designation given commercial zoning that is applied in the buildings area, substantial building heights and massing are achievable on this site and throughout the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. Howeverand without the requirement for community consultation, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking Council, or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflowdesign controls; however, this site cannot be used for parking overflow under the • The development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that reduces allowable massing and height below what is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses permitted as- of-right. To minimize impacts right in the C-2 Zone, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on parking a corner lot, within a transitioning neighbourhood and access due in relation to a change in uselocal streets with moderate traffic volumes, the proposed agreement limits the uses on the properties building provides an appropriate response to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategysurrounding land uses.

Discussion. Staff has reviewed At today’s meeting, the proposal relative to City Council is not considering whether or not the applicable policies electrical generating facility should be approved; that task is solely the responsibility of the MPS State of California. The Council is considering the terms under which CPV will have the right to use City-owned property at the Easterly Wastewater Treatment Plant and treated wastewater effluent. The two proposed Leases under consideration at this time are for two separate but adjacent sites. The Ground Lease for the Plant applies to a 25+ acre site on which the electric generating facility is proposed to be located. That site is located on the southeast corner of the opinion that the proposal is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is consistent with the intent of the Village designation given that the buildings Easterly WWTP property and fronts on the same side of the highway are used for commercial uses both Fry and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇Roads. The second lease is for a construction laydown area that will be used during construction of the Plant and supporting facilities as a staging area. That site, which fronts on ▇▇▇▇▇ #▇ Road, is 21+ acres in area and is north and adjacent to the Plant site. The third agreement, the Effluent and Potable Water Services Agreement, which includes a Memorandum of Understanding (Map 2Design, Construction and Operations of Pump Station and Effluent and Potable Water Pipelines), covers the terms under which treated wastewater and potable water will be supplied to the Plant. As mentioned above, the project, if it proceeds, will have to go through an extensive public environmental review process conducted by the CEC. There will be ample opportunity for both the public and the City to comment once the California Environmental Quality Act (CEQA) was one process is initiated by the CEC. That process will provide the public and other interested parties, such as the City of Vacaville, to discover potential impacts of the sites utilized project on the environment and then identify ways to mitigate those impacts. While the CEC has the primary responsibility for occasional parking overflow; howeverpermitting and licensing the electric generation plant, this site cannot the City intends to take an active role in minimizing the visual impacts of the proposed plant. Toward that end, the City has moved the boundaries of the leasehold back 70 feet from the ▇▇▇▇▇ and ▇▇▇ Road frontages. In that strip, the City proposes to develop a Landscape Buffer of medium and tall trees to screen the view of the Plant. The Ground Lease requires CPV to pay $400,000 to the City to cover the cost of installing the trees. The landscape screen will be used for parking overflow under installed as soon as it is known that the development agreement approved by Council project will proceed and where the various elements of the facility will be placed on September 28, 2011. There are other parking areas within very close proximity to the site. This includes Planting could begin as early as next summer. One of the positive features of the proposed project is that California needs more and cleaner sources of electrical generation. Natural gas-driven plants are the cleanest, in terms of emissions, of the thermal plants. While the amount of electricity produced by renewable sources is growing, those efforts are not nearly sufficient by themselves to meet Statewide power demands. Consequently, a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Rightnew state-of-Way” permit the-art natural gas-driven plant is preferable to other alternatives. The proposed Plant, if approved, will generate a significant revenue stream for the City of Vacaville. A portion of that indicates no concerns with will be derived from the proposed parking alignment or access sale of reclaimed wastewater from the Easterly WWTP, which currently is being released into Old Alamo Creek. Depending upon a variety of factors, a 500 MW Plant could produce about $3.3 million of annual revenue for the City. These funds are needed to cover the site (Map 3)rising costs of services; both for the General Fund and for the Utility operation. In terms of zoningBecause the revenue is tied to inflation indexes, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturingpayments will increase over time. The property is currently zoned for Community Facilities use, and assembly uses as- of-right. To minimize impacts on parking and access due to a change thermal electrical generation plant is a permitted use in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategythat district.

Discussion. Staff has have reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal it is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is reasonably consistent with the intent of the Village designation given that the buildings on the same side MPS. Attachment C provides an evaluation of the highway are used proposed rezoning and development agreement in relation to the relevant MPS policies. Attachment A contains the proposed amendment to the Land Use By-law for commercial uses and are relatively similar Eastern Passage/ Cow Bay, which includes an amendment to Schedule A (zoning map) to rezone the subject site to CDD (Comprehensive Development District). The proposed rezoning of the site meets the criteria found in style and contain Policy UR-13 of the MPS (Attachment C). Specifically, the proposed development: • is capable of utilizing existing services; • includes a minimum land area of 5 acres; • contains a mix of front façadeshousing types found in the Eastern Passage area, which does not detract from the community’s residential character; and • provides adequate and useable lands for community facilities and private parks on-site, and benefits from public open space immediately adjacent the site. 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: • the scale of the proposed multi-unit buildings, which are limited to 4 storeys in height and a maximum of 12 residential units per building; • detailed provisions regarding the location and size of the buildings and lots on the site, including but not limited to minimum lot area, frontage, maximum lot coverage, minimum setbacks from the property lines; • the exterior design of the multi-unit buildings and stacked townhouse dwellings, which will be subject to schedules in the agreement; • allowances for phasing and subdivision of the land where frontage is provided by the new public street, including exemptions for two townhouse-style dwellings, which will not have frontage on the street; • the agreement includes a conceptual site plan to address the location of useable landscaped areas, driveway and vehicular parking areas, pedestrian walkways, in addition to proposed building locations; • limits on the Home Hardware store will not substantially change size and use of commercial spaces in the look multi-unit buildings; • requirements for minimum parking space numbers, sizes, location and access; • landscaping requirements for the private landscaped areas and screening along the southeast property line to help reduce impacts on abutting residential development; and • minor changes, if necessary, to various aspects of the existing store particularly as development, including potentially replacing the front façade of the store (Schedule B of Attachment A) will be consistent 6-unit stacked townhouses with the current design and colour of the building. Also12-unit multiple-unit dwellings, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for provided the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It footprint and height is not anticipated that increased in size, through the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond prenon-existing levelssubstantive amendment process. It should also be noted that the site of the future Home Hardware property at Case 23724: Rezoning/ Development Agreement ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; howeverCommunity Council Report - 6 - July 6, this site cannot be used for parking overflow under the 2023 The attached development agreement approved by Council on September 28will permit the proposed development, 2011. There are other parking areas within very close proximity subject to the sitecontrols identified above. This includes a vacant lot across Of the street that is owned matters addressed by the Developer and a community parking area proposed development agreement to satisfy the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoningMPS criteria as shown in Attachment B, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategyfollowing have been identified for detailed discussion.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion determined that the proposal proposed development is consistent with all applicable policiesthe MPS. Attachment E provides an evaluation of the proposed development agreement in relation to the relevant MPS policies (P-100 and P-155). Attachment A contains the proposed development agreement for the subject property and the conditions under which the applicant must comply. The proposed agreement addresses the following matters: • addition of new lands; • outdoor storage; • landscaping; • hours of operation; and • parking. Attachment B contains the proposed discharging development agreement for the subject property which would remove the existing use (truck maintenance yard) as a permitted land use from the lands. Staff advises that the attached development agreement will permit a commercial development that is appropriate for the site while balancing the needs of the surrounding community. Of the matters addressed by the proposed development agreement, the following have been identified for more detailed discussion. Staff There is an existing development agreement applied to the subject lands and an adjacent parcel (1495 Cobequid Road) which enables storage of construction equipment and operation of a maintenance facility. The lands covered by the agreement are no longer in the original ownership and neither current owner wishes to operate the land use enabled by the existing development agreement. Thus, it is appropriate to discharge the existing development agreement (Attachment B). Due to the industrial nature of the opinion existing buildings on the lands, and their lack of frontage on major roads in the area (Rocky Lake Drive and Cobequid Road) they are not ideally suited for most commercial land uses permitted in the C-2 (Community Commercial) Zone. Policy P-100 (Attachment E) enables consideration of either a change of use or an expansion of the existing use. The proposal is to enable uses which are appropriate for the current building and staff have reviewed the I-3 (Light Industrial) in the Planning Districts 14 and 17 Land Use By-law for guidance on light industrial land uses which may be appropriate for the buildings. Staff recommend that in addition to the uses permitted in the C-2 (Community Commercial) Zone, the following uses are appropriate for the existing site and the existing buildings: • Parking Lot; • Building Supply Outlet; • Warehousing; • Wholesale operations; • Service Industry1 not including heavy equipment repair, auto body repair shop, truck depot or paint shop; • Service and repair of automobiles; and • Light manufacturing, assembly uses which are not obnoxious. Land uses such as truck depots, paint shops, heavy equipment repair and auto body shops were specifically excluded due to concerns with compatibility. Further staff have included limits to the number of commercial vehicles on the lands (maximum 10) to restrict the scale of development proposed is consistent with the intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategydevelopment.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the applicable policies proposed development is reasonably consistent with the intent of the MPS and are MPS. Attachment C provides an evaluation of the opinion proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposal proposed development represents a small expansion of the area under the Schedule (Map 3). Once the site is included within Schedule Q, Community Council will be able to exercise control over the design of any project containing more than four residential units, reducing the potential for land use and design conflicts that can arise with as of right development in the C-2 zone. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address:  permitted residential uses (maximum of 66 units, with a minimum of 3 three-bedroom units, 19 two-bedroom units, and the remainder being one-bedroom and studio units);  ground floor minor commercial uses with a floor area up to 4000 square feet;  building massing, architectural design, and lighting;  parking (bicycle and vehicular), circulation and site access;  landscaped areas and amenity space;  building services, maintenance and waste facilities; and  options for limited non-substantive amendments by resolution of Council, including: the ability to increase the unit count by no more than 6 units provided there is no increase in the height or mass of the building, changes to hours of operation and times for service deliveries and waste collection, and changes to timeframes for development. The attached development agreement will permit a mixed use development that, on balance, is compatible and appropriate with the neighbourhood and consistent with all applicable policiesother approved Schedule Q projects in the area. The Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following matters have been identified for more detailed discussion. Staff are One of the opinion that key considerations when reviewing an application within Schedule Q is the scale compatibility of development the proposed is consistent land use with the intent existing neighbourhood, and the mitigation of the Village designation given potential impacts that the could potentially arise. These aspects were considered as follows:  The site is located in close proximity to other properties which have received Council approval for development agreements under Schedule Q (Map 3). Approved proposals include 5 to 8-storey residential and mixed use buildings on the same side of the highway are used for commercial uses and are relatively similar in style and which contain a mix of front façades. The proposed addition to townhouse units, commercial ground floors and/or office spaces with residential units on upper floors;  Given the Home Hardware store will not substantially change commercial zoning that is applied in the look of area, substantial building heights and massing are achievable on this site and throughout the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. Howeverand without the requirement for community consultation, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflowno design controls, and no review by Council; however, this site cannot be used for parking overflow under the  The development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that reduces allowable massing and height below what is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses permitted as- of-right. To minimize impacts right in the C-2 Zone for commercial uses, and mitigates the effects of the proposal in this mixed use area; and  Due to the location of the subject site on parking a corner lot, within a transitioning neighbourhood, and access due in relation to a change in uselocal streets with moderate traffic volumes, the proposed agreement limits the uses on the properties building provides an appropriate response to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategysurrounding land uses.

Discussion. Staff has reviewed In order to allow the proposal relative proposed addition to the applicable policies proceed, a portion of the MPS abandoned storm sewer must be removed. Staff will support this development if the applicant takes responsibility for removal of the sewer under the proposed addition and are cap and fill the remaining sewer pipe section under the existing house with concrete. The applicant has requested that the City pay for the entire cost for removal of the affected portion of sewer pipe. The applicant was aware of the easement at the time of purchase of the subject property, however, staff is of the opinion that a contribution by the proposal City for removal is consistent with all applicable policies. The following matters have been identified for more detailed discussionwarranted as the unused sewer pipe was part of the City’s infrastructure and was not fully decommissioned when the diversion sewer was constructed. Staff are limited in understanding the rationale taken by municipal staff at that time; however a large sewer such as this should have been filled at the time of decommissioning. In discussion with staff who have been employed with the City for some time, there may be two or three homes in older areas of the opinion City that the scale of development proposed is consistent with the intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and are relatively have a similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the existing store particularly situation as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right applicationthis one. However, staff feels that those locations may be a non-issue as there may be no pending conflict between house and the abandoned sewers. Staff contacted neighbouring municipalities and they do not have a standard for this parking requirement is unnecessary in this case given that this business type of situation. The applicant has operated at this location submitted two quotes for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site removal of the future Home Hardware property at ▇▇▇▇▇ sewer and staff also obtained two quotes. The bid from ▇▇▇▇▇▇▇ #▇ (Map 2) Construction has been selected as this was one the lowest quote. This is acceptable to staff and it is further recommended that the City pay 75% towards the cost for removing the storm sewer under the proposed addition. The applicant will be responsible for the remaining amount. As part of the sites utilized for occasional parking overflow; howeversite plan approval process, this site cannot be used for parking overflow the City will require the owner to enter into a development agreement which sets out specific conditions to ensure the removal of approximately 5.0 meters of pipe under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity proposed addition and to cap the ends of the pipe to the sitesatisfaction of the Director of Engineering. The easement will remain in place for the storm sewer in order to avoid further encroachment of a similar nature on the remainder of the unused sewer. This includes situation is a vacant fairly unique situation. From a policy perspective Report No. E67/08 (Residential Drainage Assistance Program) addressed a variety of potential flooding/drainage problems on private properties. Scenario 6 of Appendix C of that report captures some similar aspects of this situation. (Attached her as “Appendix B”) Notwithstanding the respective responsibilities presented in Scenario 6, staff feel a homeowner’s contribution for this situation is appropriate for two reasons. Firstly, the City already took steps at considerable expense in the 1960’s to divert the sewer and it’s outlet from this lot across and secondly the street that is owned by easement for this sewer has in fact be in place since 1957. As part of the Developer cost-sharing provisions within the development agreement, the owner will have to indemnify and a community parking area save harmless the City from any future damages, claims or actions due to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 construction of the Eastern Shore East Municipal Planning Strategyaddition and/or removal of the unused storm sewer pipe.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal it is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is reasonably consistent with the intent of the Village designation given MPS. Attachment C provides an evaluation of the proposed LUB amendment and amending development agreement in relation to the relevant MPS policies. Considering the mixed nature of the surrounding land uses and the abutting existing development agreement, the property has been assessed by staff as appropriate for mixed use development. As Schedule “Q” is currently applied to large portions of Peninsula North that are designated Major Commercial, application to the property at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ represents a relatively small expansion of the area under the Schedule (Map 3). However, the incorporation of the property at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ into the abutting development presents a significant opportunity for further comprehensive site planning along Gottingen Street between ▇▇▇▇▇ and Macara Streets. The proposal will benefit from the controls and flexibility that the buildings on development agreement process provides to reduce future land use conflicts. Attachment B contains the same side of proposed amending development agreement for the highway are used for commercial uses subject site and are relatively similar in style and contain a mix of front façadesthe conditions under which the development may occur. The proposed addition amending agreement addresses the following matters: • Residential uses limited to the Home Hardware store will not substantially change the look a maximum of the existing store particularly as the front façade 63 units with a minimum of the store 25 of those units containing two or more bedrooms); • Maximum building height of 25.9 metres (Schedule B 85 feet); • Minimum 232.2 square metres (2,500 square feet) of Attachment Aa combination of landscaped open space and recreational space. A minimum 107.7 square metres (1,160 square feet) will be consistent with the current design of landscaped open space required on level 2; • Minimum of 41 vehicular parking spaces; • Bicycle parking requirements; and colour • Time extensions to commencement of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site servicesconstruction and completions dates. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access amending development agreement will permit a mixed-use building, subject to the site remaining open controls identified above. Of the matters addressed by the proposed development agreement to Highway #7 along its full frontagesatisfy the MPS criteria as shown in Attachment C, the following have been identified for detailed discussion. This parking Case 21321: LUB and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at Development Agreement Amendments ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ #▇ (Map 2) was one Community Council Report - 6 - September 12, 2018 To achieve investment in commercial and residential redevelopment, the MPS requires that Council consider “the relationship of new development to adjacent properties and uses” and “the sites utilized for occasional parking overflow; howevermitigation of impacts on the amenity, this site cannot be used for parking overflow under convenience and development potential of adjacent properties through effective urban design and landscape treatment”. Substantial building heights and massing are achievable through the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Rightas-of-Way” permit right permitting process in this area. However, the existing development agreement addresses design and compatibility issues, resulting in a building of greater density with less massing and height than could be achieved in an as-of-right situation. The addition of the property at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and the addition of an eighth storey enabled under the amending development agreement still results in a building of less massing and potentially height (depending on setbacks) that indicates could be achieved in an as-of-right situation. The proposed height is consistent with building height recently approved by Community Council on the adjacent property at the corner of Gottingen and Macara Streets (Case 20149). The MPS encourages effective urban design treatments and the use of high quality exterior building materials. These elements were regulated through the existing development agreement and no concerns changes have been made to the existing requirements for building materials, streetwall height, or signage. To minimize potential land use conflicts, commercial uses were limited in the existing agreement to those permitted in the C-2A (Minor Commercial) Zone (with the exception of service stations and billboards). No changes to these limitations are proposed. The design of the proposed building also includes measures to reduce land use conflict such as larger setbacks from the neighbouring property line for the upper stories of the building. A further increased setback of 20 feet at the eighth level is proposed to mitigate impacts from the additional storey. Setbacks for all other stories have remained the same as those approved in the existing development agreement. MPS policy encourages vehicular traffic to use principal streets and discourages traffic from infiltrating through existing neighbourhoods. However, the Streets Bylaw S300 requires driveways to be on the lower volume street whenever possible. A traffic impact statement prepared by the applicant’s consultant was reviewed by HRM and was deemed acceptable. While the primary residential access and parking entrance is proposed on ▇▇▇▇▇ Street, commercial customers accessing the building will use the entrance from Gottingen Street. The site is located along major transit routes. MPS policy calls for on-site open space and leisure areas which are adequate for the building residents. The original agreement requires a minimum of 153.66 square metres (1,654 square feet) of a combination of indoor and outdoor common amenity space, including a minimum of 112.41 square metres (1,210 square feet) being located on a second-floor outdoor patio. The proposed amending development agreement requires an increase of amenity area/landscaped space proportional to the larger building size and increased unit count. This results in a minimum of 232.2 square metres (2,500 square feet) of landscaped open space and recreational space, including a minimum of 107.7 square metres (1,160 square feet) of landscaped open space required to be located on the 2nd level of the development. Additional roof top amenity space is permitted on the upper levels. The existing development agreement requires a detailed landscaping plan prepared by a landscape architect when applying for the development permit. The development agreement requires a minimum of 41 interior parking spaces which equates to approximately 0.65 parking spaces per unit. Staff consider the need for parking in a building based on it’s location in relation to transit connections, opportunities for active transportation and the community desire for less costly housing. This building is well located with regular and frequent bus service on Gottingen and ▇▇▇▇▇ Streets. Minimizing the required number of parking spaces can reduce construction costs which can contribute to less costly units. Under these circumstances, staff support the proposed parking alignment or access to requirements. Case 21321: LUB and Development Agreement Amendments ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Community Council Report - 7 - September 12, 2018 Staff have reviewed the site (Map 3). In application in terms of zoning, all relevant policy criteria and advise that the MU zone permits a full range proposal is reasonably consistent with the intent of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, the Halifax MPS. Staff recommend that the Halifax and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, West Community Council approve the proposed land use by-law amendment (Attachment A) and proposed amending development agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategy(Attachment B).

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal proposed development is consistent with all applicable the MPS. Attachment C provides an evaluation of the proposed LUB amendment and development agreement in relation to the relevant MPS policies. The following matters issues have been identified for more detailed discussion. Staff are The inclusion of the opinion subject site in Schedule L will allow the development to benefit from comprehensive site planning, which is achieved through the development agreement process. The subject site is within a minor commercial node and the development proposal will benefit from the controls and flexibility that are provided through the scale development agreement process. 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: • the types of development proposed is consistent with the intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and their location at the ground-level along Oxford Street; • a maximum of 29 residential units are relatively similar in style and contain permitted, which includes a mix of front façades. The proposed addition to three bedroom; two bedroom; one bedroom and bachelor units; • architectural, signage, lighting and maximum building height requirements; • parking (bicycle and vehicular), circulation and site access; • detailed landscaping requirements for at grade amenity space and the Home Hardware store will not substantially change requirement of planter boxes where the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design property abuts Oxford Street; • building services, maintenance and colour of the building. Also, the addition will be used as a foyer waste facilities; and • options for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a various non-substantive amendment subject amendments by resolution of Community Council, including: a small increase in residential units, changes to Policies V-6 the parking requirements, landscaping details, and IM-10 of changes to timeframes for development. The attached development agreement will permit a mixed use development that is anticipated to be compatible and appropriate with the Eastern Shore East Municipal Planning Strategyneighbourhood. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for more detailed discussion.

Discussion. Staff has reviewed the proposal relative to the applicable policies The project consists of the MPS and are of the opinion that the proposal is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is consistent with the intent of the Village designation given that the buildings on the same side of the highway are used for commercial uses and are relatively similar in style and contain a mix of front façades. The proposed addition to the Home Hardware store will not substantially change the look of the replacing an existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at single span 22’ steel ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) bridge with a 2 barrel 13’ x 6’ cast-in- place RCBC. The proposed box culvert will be in the same location as the existing bridge location. The existing surfacing on the road is gravel and will be resurfaced with gravel upon completion. Minimal grading at the proposed box culvert location is anticipated, therefore, the material shall be compacted using the Ordinary Compaction Method. A subsurface investigation was one conducted for the proposed RCBC. The subsurface investigation consisted of placing a boring near both the proposed inlet and outlet ends of the sites utilized structure and logging the material to 3 feet below the flow line. Samples were collected from below the flow line for occasional parking overflow; however, this soils classification. A dynamic cone penetrometer was used at both the inlet and outlet ends to identify the change in relative density of the subsurface material below flow line. Subsurface soils at the proposed site cannot consist of brown silt-clay to 3’ below the existing flow line. The 2’ undercut depth is recommended to remove the low strength soils with high shrink-swell potential from below the box culvert. The following paragraphs shall be used for parking overflow under placed in the development agreement approved plans: Compaction of earth embankment and box culvert backfill material shall be governed by Council on September 28, 2011the Ordinary Compaction Method. There are other parking areas within very close proximity Any questions about the recommendations or the subsurface conditions can be directed to the siteCONSULTANT CONTACT NAME AND PHONE NUMBER. This includes Bridge Improvement Grant Initial NBI Inspection Requirement The County / City will require the construction engineering firm or their subconsultant, either of which must be on the SDDOT’s current consultant retainer for local bridge inspection, to perform an initial NBI inspection of the structure, ensuring a vacant lot across qualified Team Leader is on site for the street that is owned by inspection. Within 90 days of the Developer structure being opened to traffic, the County / City will submit the completed report, BrM coding sheets, plans, applicable load ratings, and a community parking area approved shop plans for girders, reinforced concrete box culverts, and other applicable items, to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning StrategySDDOT’s LGA Bridge Inspection Engineer.

Discussion. Staff has reviewed the proposal relative to all relevant policies and advise that the applicable policies proposed development is reasonably consistent with the intent of the MPS and are MPS. Attachment C provides an evaluation of the opinion proposed LUB amendment and development agreement in relation to the relevant MPS policies. Considering the mixed nature of land uses located on and around the subject site, which includes residential, commercial and institutional uses, the proposed development presents an appropriate and beneficial opportunity for comprehensive site planning. As Schedule Q is currently applied to a large area of Peninsula North that is designated Major Commercial, the proposal proposed development represents a small expansion of the area under the Schedule (Map 3). Once the site is included within Schedule Q, Community Council will be able to exercise control over the design of any project containing more than four residential units, reducing the potential for land use and design conflicts that can arise with as of right development in the C-2 zone. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. In summary, the proposed development agreement includes conditions that address: • permitted residential uses (maximum of 66 units, with a minimum of 3 three-bedroom units, 19 two-bedroom units, and the remainder being one-bedroom and studio units); • ground floor minor commercial uses with a floor area up to 4000 square feet; • building massing, architectural design, and lighting; • parking (bicycle and vehicular), circulation and site access; • landscaped areas and amenity space; • building services, maintenance and waste facilities; and • options for limited non-substantive amendments by resolution of Council, including: the ability to increase the unit count by no more than 6 units provided there is no increase in the height or mass of the building, changes to hours of operation and times for service deliveries and waste collection, and changes to timeframes for development. The attached development agreement will permit a mixed use development that, on balance, is compatible and appropriate with the neighbourhood and consistent with all applicable policiesother approved Schedule Q projects in the area. The Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following matters have been identified for more detailed discussion. Staff are One of the opinion that key considerations when reviewing an application within Schedule Q is the scale compatibility of development the proposed is consistent land use with the intent existing neighbourhood, and the mitigation of the Village designation given potential impacts that the could potentially arise. These aspects were considered as follows: • The site is located in close proximity to other properties which have received Council approval for development agreements under Schedule Q (Map 3). Approved proposals include 5 to 8-storey residential and mixed use buildings on the same side of the highway are used for commercial uses and are relatively similar in style and which contain a mix of front façades. The proposed addition to townhouse units, commercial ground floors and/or office spaces with residential units on upper floors; • Given the Home Hardware store will not substantially change commercial zoning that is applied in the look of area, substantial building heights and massing are achievable on this site and throughout the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site services. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. Howeverand without the requirement for community consultation, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflowno design controls, and no review by Council; however, this site cannot be used for parking overflow under the • The development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that reduces allowable massing and height below what is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses permitted as- of-right. To minimize impacts right in the C-2 Zone for commercial uses, and mitigates the effects of the proposal in this mixed use area; and • Due to the location of the subject site on parking a corner lot, within a transitioning neighbourhood, and access due in relation to a change in uselocal streets with moderate traffic volumes, the proposed agreement limits the uses on the properties building provides an appropriate response to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategysurrounding land uses.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal it is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is reasonably consistent with the intent of the Village designation given that the buildings on the same side MPS. Attachment B provides an evaluation of the highway are used proposed amending development agreement in relation to the relevant MPS policies. Attachment A contains the proposed amendments to the existing development agreement for commercial uses the subject site and are relatively similar in style and contain a mix of front façadesthe conditions under which the development may occur. The proposed addition amended development agreement addresses the following matters: • The maximum number of dwelling units; • The location of driveways, location of surface parking areas and number of parking spaces; • The location of landscaping and pedestrian features; • Schedule changes to the Home Hardware store will not substantially change the look architectural detail of the existing store particularly building to update the window placement to correspond with internal changes to the layout; and • Amendments to commencement and completion of development dates. The attached amending development agreement will permit a multi-unit building, subject to the controls identified above. Of the matters addressed by the proposed amending development agreement to satisfy the MPS criteria as shown in Attachment B, the front façade following have been identified for detailed discussion. Case 22708: Amending Development Agreement Fourth St, Bedford Community Council Report - 4 - December 14, 2020 The MPS policy requires that any multi-unit building be developed in accordance with the RMU Zone. The RMU Zone has density requirements that require 1,500 sq. ft of lot area per bachelor and 1 bedroom unit and 2,000 sq. ft for units with two or more bedrooms. In order to meet this requirement with the increased number of units, the applicant must increase the size of the store (Schedule B of Attachment A) lot. To accommodate this, they are proposing a boundary alteration to add land from an adjacent property that is located on Bedford Highway to this lot. This will be consistent happen prior to permits being issued for the proposal. Staff have reviewed the proposal and note that it does comply with the current design and colour all of the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy requirements of the on-site servicesRMU Zone. The proposed parking area includes 9 vehicular parking spaces including one barrier free spaceMPS policy recommends that significant vegetation stands be retained, where possible. This concern was also brought up by the public at the PIM. The existing applicant updated the proposal after the public and PAC meetings to reduce the number of parking conditions are similar to that being proposed with spaces, thus reducing the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards size of the LUB would require a minimum of 35 surface parking spaces for lot in order to enlarge the building if the project was an as-of-right applicationlandscape area. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated Staff advise that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that proposal meets the site intent of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategypolicy.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion advise that the proposal it is consistent with all applicable policies. The following matters have been identified for more detailed discussion. Staff are of the opinion that the scale of development proposed is reasonably consistent with the intent of the Village designation given that the buildings on the same side MPS. Attachment B provides an evaluation of the highway are used proposed development agreement in relation to the relevant MPS policies. Case 23293: Development Agreement Beaver Bank Road, Beaver Bank Community Council Report - 4 - December 12, 2022 Attachment A contains the proposed development agreement for commercial uses and are relatively similar in style and contain a mix of front façadesthe subject site which sets out the conditions under which the development may occur. The proposed addition development agreement addresses the following matters: • Site development details; • Architectural requirements; • Parking provisions for motor vehicles; • Landscaping provisions, including requirement for landscape plan to be prepared; • Requirements relative to maintenance; and • Matters able to be considered in future as non-substantive change to the Home Hardware store agreement, such as the landscaping requirements; and extensions to the commencement and completion times. The attached development agreement will not substantially change permit a four storey 46-unit apartment building, subject to the look conditions identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Policies UR-8 and IM-13 both direct Council to ensure controls are placed on the proposed development to reduce conflict with any adjacent or nearby land uses in regards to height, bulk and lot coverage of the existing store particularly as proposed building. To reduce the front façade visual perception of bulk, the roof line introduces a stepping form that varies in height. The lower portions of the store (Schedule B of Attachment A) will be consistent with stepped roof have corresponding recessed sidewalls that articulate the current design building and colour of break up the building. Also, the addition will be used as a foyer for the existing building, therefore, staff have no concerns with the adequacy of the on-site servicesoverall mass. The proposed parking area includes 9 vehicular parking spaces including one barrier free space. The existing parking conditions are similar to that being proposed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchanged. The parking standards building uses traditional character forms of the LUB would require a minimum of 35 parking spaces for the building if the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary in this case given that this business has operated at this location for many years without parking or traffic conflict. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one -ended roofs which are predominant in the area; the pitched roof and the stepped height respect local forms and styles. The proposed development will be set within an area containing lot sizes and layouts of inconsistent character. This is likely due to the acute intersection of Beaver Bank Road and Windgate Road and a remnant of the sites utilized for occasional parking overflow; however, this site cannot be used for parking overflow Old Beaver Bank Road (that edges the interior of the subject site) in addition to the historic location of the railway. The proposed lot coverage of 25% is less than other residential lot coverage requirements under the development agreement approved by Council on September 28LUB. Typical requirements are set at 35% for single detached, 2011. There are other parking areas within very close proximity to semi-detached and townhouses and 50% for multiple unit buildings, but because of the varied site characteristics surrounding the subject site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 of the Eastern Shore East Municipal Planning Strategydifference will likely be unnoticeable.

Discussion. Staff has reviewed the proposal relative to the applicable all relevant policies of the MPS and are of the opinion determined that the proposal proposed development is consistent with all applicable the MPS. Attachment B provides an evaluation of the proposed development agreement in relation to the relevant MPS policies. Attachment A contains the proposed development agreement for the subject property and the conditions under which the applicant must comply. The proposed agreement addresses the following matters: • architectural design, signage, lighting and maximum building height requirements; • parking (bicycle and vehicular), circulation and access; • landscaping throughout the site; especially surrounding property lines; • the accommodation for the future development of Active Transportation Linkages, such as a sidewalk and multi-use trail; and • options for various non-substantive amendments by resolution of Council, including minor changes to the placement and architectural design of the building and changes to the timeframes for development. In staff’s opinion, the attached development agreement will permit a multi-unit residential development that is compatible and appropriate with the neighbourhood. Of the matters addressed by the proposed development agreement, the following have been identified for more detailed discussion. Staff are The proposed building is terraced into three sections to reflect the grade of the opinion that property. Although the scale of development proposed is consistent with the intent overall height of the Village designation given that building is 7 storeys due to the buildings grading on the same side site, the residential floors vary from 5-7 storeys, which is in keeping with heights of neighbouring multiple unit buildings. Further, the terraced design of the highway are used for commercial uses and are relatively similar in style and contain building provides the opportunity to use portions of the roof as landscaped open space. The proposed development agreement requires a mix of front façades. The proposed addition building materials to further break up the Home Hardware store will not substantially change the look of the existing store particularly as the front façade of the store (Schedule B of Attachment A) will be consistent with the current design and colour mass of the building. AlsoThe proposed development agreement requires landscaping to be provided throughout the property with an emphasis of landscaping along property lines to protect residential amenities; particularly the low density residential uses located to the north of the subject property. Policy 1.8.1(m) requires that proposed developments to be considered through Schedule R provide active transportation linkages where needed (see Attachment B). During the public information meeting it was noted that there is an informal walking path located on the property. Although at this point there is little interest in HRM taking over the trail, the addition proposed development agreement includes a provision that would restrict development along the trail. This will be used as enable the opportunity for HRM to place an easement over the trail, and the ability to develop a foyer for more formal trail if desired in the existing buildingfuture. Further to this, therefore, staff have no concerns with the adequacy through staff’s review of the on-site servicesapplication it was noted that a sidewalk may be warranted where the property abuts Bedford Highway. As such, the applicant has agreed to provide the required grading where the property fronts Bedford Highway to facilitate the development of a sidewalk in the future. The proposed parking area includes 9 development agreement will also require that a hard surface walkway be provided along the driveway to provide pedestrian connectivity to the proposed building and Bedford Highway. During the public information meeting, concerns were expressed regarding the safety of cyclists along Bedford Highway due to the increase of vehicular parking spaces including one barrier free spacetraffic accessing the property. A Traffic Impact Statement (TIS) was provided for this application which indicated the proposed development would generate a small increase in the number of trips along the Bedford Highway and would not have a significant impact on Bedford Highway. The existing parking conditions are similar to that being proposed TIS was reviewed by HRM staff who agreed with the driveway access to the site remaining open to Highway #7 along its full frontage. This parking and access arrangement has functioned well over the years and is intended to remain unchangedconclusion. The parking standards TIS recommends that the bushes on the west side of the LUB would require a minimum Bedford Highway need to be trimmed to improve visibility of 35 parking spaces for the building if project’s driveway access. The proposed development agreement requires the project was an as-of-right application. However, staff feels that this parking requirement is unnecessary developer to trim the bushes in this case given that this business has operated at this location for many years without parking or traffic conflictarea. It is not anticipated that the new 490 square foot store front addition will generate vehicular traffic flows to this destination beyond pre-existing levels. It should also be noted that the site of the future Home Hardware property at ▇▇▇▇▇ ▇▇▇▇▇▇▇ #▇ (Map 2) was one of the sites utilized for occasional parking overflow; howeverAdditionally, this site cannot be used for parking overflow under the development agreement approved by Council on September 28, 2011. There are other parking areas within very close proximity to requires the site. This includes a vacant lot across the street that is owned by the Developer and a community parking area to the east beside the existing Home Hardware Store and behind the RBC building. These areas are currently utilized by the community for parking purposes. Nova Scotia Transportation and Infrastructure Renewal (NSTIR) have issued a “Work Within Highway Right-of-Way” permit that indicates no concerns with the proposed parking alignment or access to the site (Map 3). In terms of zoning, the MU zone permits a full range of commercial uses including restaurants, offices, grocery stores, service stations, auto repair shops, manufacturing, and assembly uses as- of-right. To minimize impacts on parking and access due to a change in use, the proposed agreement limits the uses on the properties to the existing hardware retail store, furniture retail store and storage/warehousing operations. Should the applicant require a minor increase in the existing building footprints on the site, which may impact parking and other issues, Council can consider a non-substantive amendment subject to Policies V-6 and IM-10 portion of the Eastern Shore East Municipal Planning Strategyproperty along Bedford Highway be graded to accommodate a future sidewalk. Together, these improvements will enhance pedestrian, cyclist and vehicular movements in this area.