Enabling Policy and LUB Context. The Community Centre land use designation constitutes the primary areas where commercial and offices uses are encouraged within the Planning Districts 14 and 17 plan area. The C-2 Zone implements this and permits a mix of commercial and residential uses (Attachment B). The property is subject to an existing development agreement which enables the storage of construction equipment and operation of a maintenance facility. This agreement was enabled by the same policy (P-100) that is being considered for the current request. Policy P-100 (Attachment C) of the MPS allows for the continued use of existing commercial and industrial uses which would not otherwise be permitted, to the extent they existed on the effective date of this plan. Further, it enables the consideration of either a change of use or an expansion of the existing use through a development agreement process and subject to consideration of specific criteria (Attachment C). Case 20597: Development Agreement 0 Xxxxxxx Xxxx, Xxxxxxxx Community Council Report - 3 - July 11, 2016 COMMUNITY ENGAGEMENT The community engagement process is consistent with the intent of the HRM Community Engagement Strategy. The level of community engagement was consultation, achieved through providing information and seeking comments through the HRM website, signage posted on the subject site, letters mailed to property owners within the notification area and a public information meeting held on July 8, 2009. A copy of the minutes from the meeting can be found attached to the staff report for Case 167421. An additional mail out was completed in the summer of 2011 to identify if surrounding property owners had any additional issues. Case 16742 was considered by North West Community Council at a public hearing on March 23, 2015, which provided an additional opportunity for public comment, and the proposed development agreement was approved by Community Council but was not signed within the required time and therefore is null and void. The previous community engagement outlined above sufficiently achieves the goals of the Community Engagement Strategy and is sufficient for this application. A public hearing must be held by North West Community Council before they can consider approval of the proposed development agreement. Should Community Council decide to proceed with a public hearing on this application, in addition to the published newspaper advertisements, property owners within the notification area shown on Map 2 wil...
Enabling Policy and LUB Context. The Halifax Mainland Land Use By-law allows a “Day Care Facility” (called a “child care centre” in the MPS) for up to eight children in the R-1 Zone in conjunction with a dwelling. Halifax Municipal Planning Strategy Implementation Policy 3.20 enables consideration of child care centres not in compliance with the By-law by development agreement: In order to encourage the establishment of child care centres in a variety of locations to meet the varied needs of families, and to allow the consideration of the specific circumstances of an individual location, a child care centre which does not meet applicable land use bylaw regulations may be permitted by development agreement. Halifax MPS Policy 3.20.1 includes criteria that Community Council must consider (Attachment B).
Enabling Policy and LUB Context. The subject site is designated Community Commercial (CC) under the Xxxx Harbour / Xxxxxxxx Municipal Planning Strategy. Policy CC-4 enables Council to consider multiple unit residential uses containing more than twelve dwelling units within the CC Designation by development agreement. This policy, along with Case 23862: Development Agreement 0000-0000 Xxxx Xxxxxxx Road, Xxxx Harbour Community Council Report - 3 - February 2, 2023 Implementation Policy IM-11, provide criteria for Council’s evaluation of applications for such development agreements. The subject site is zoned General Business (C-2) under the Xxxx Harbour / Xxxxxxxx Land Use By-law. The C-2 Zone permits a range of commercial uses including retail stores, service and personal service shops, offices, eat-in restaurants, motels and hotels, and veterinary hospitals and indoor kennels. The zone also permits shared housing with 30 or fewer bedrooms, multiple unit dwellings containing no more than twelve dwelling units, and community uses such as institutional uses.
Enabling Policy and LUB Context. The site is designated and zoned Mixed Use in the MPS and Land Use By-law (LUB) for Musquodoboit Valley/Dutch Settlement. The Mixed Use Designation recognizes a mix of residential, commercial, institutional, industrial, and resource uses that coexist to create flexible opportunities for local small and larger scale business. The intent of the Mixed Use Designation is Case 19117: Development Agreement Old Truro Road, Enfield Community Council Report - 3 - September 14, 2020 also to accommodate a broad range of land uses including the support of single unit and two unit dwellings and also mobile homes. The MPS states: “There are no existing mobile home parks within the Plan Area. However, mobile home parks have the potential to form an important component of the housing stock in the area provided that there is an adequate living environment for park residents and that the mobile home park makes a positive contribution to community development.” (Attachment B) To achieve this, the MPS directs that mobile home parks be developed through development agreement (Attachment A) and indicates that Council shall have regard for: • landscaping or buffering from adjacent land uses; • adequacy of storm drainage plans; • the impact of the proposed development on the existing road network in terms of traffic generation and vehicular and pedestrian safety; • park layout and design including the design of the internal road networks and separation distances from maintenance buildings; and, • the provisions of the Mobile Home Park By-law1(MHPB).
Enabling Policy and LUB Context. The subject property is within the Low-Density Residential Designation, and zoned R-2 under the Halifax Municipal Planning Strategy (MPS) and Mainland Land Use Bylaw (LUB). The commercial use of the property is non-conforming, which allows Council’s consideration of expansion of the structure through the development agreement process in accordance with Section 71(5) of the LUB and Policy 3.14 of the MPS. A detailed analysis of the proposal with respect to the policy considerations in included in Attachment B.
Enabling Policy and LUB Context. This proposal is being considered under Policy 6.8 of the Halifax MPS. This policy allows owners of registered heritage properties to apply for a development agreement to permit a use not allowed by the underlying zone. In this case, the proposed multi-unit residential use is not permitted under the existing zoning. The subject property is designated Medium Density Residential in the South End Plan Area of the Halifax Municipal Planning Strategy. This designation encourages a mix of family and non-family dwellings. Buildings are limited to a maximum of four storeys and fourteen dwelling units. The property is currently zoned Single Family Dwelling (R1) by the Halifax Peninsula Land Use By-law which permits single detached dwellings, home occupations and professional offices, parks, churches, day Case 20928: Development Agreement 5720-0000 Xxxxxx Xxxxxx, Xxxxxxx Heritage Advisory Committee Report - 3 - January 31, 2019 care facilities and special care homes. The existing heritage building on the subject property is a five unit apartment dwelling. This legal non-conforming use was established prior to the adoption of the existing zoning.
Enabling Policy and LUB Context. The subject property is designated Major Commercial under the Halifax Municipal Planning Strategy (MPS), Peninsula North Secondary Planning strategy and it is zoned C-2 (General Business) Zone under the Halifax Peninsula Land Use By-law (LUB). These properties are currently identified in Schedule Q and the current zoning permits commercial buildings up to 24.4 m (80 feet) in height, with an allowance for additional height if stepped back from the property lines above 24.4 m (80 feet). Policies 2.3.1, 2.3.2 and 2.3.3 of Section XI of the Halifax MPS allow Community Council to consider residential or mixed-use buildings for lands located within this commercial designation through the development agreement process. The provisions of Schedule “Q” were established to address the challenge of introducing new residential uses into existing commercial and industrial areas by negotiating, on a site by site basis, the conditions of a development agreement including: • the creation of an adequate environment for residential living on sites which may be surrounded by commercial and industrial uses; and • providing for the continued operation of adjacent commercial and industrial uses without being encumbered by new residential uses. The majority of Schedule "Q" is currently applied on the west side of Xxxxx Street between Young Street and North Street but it has also been applied to select sites in general proximity to the subject property (Map 3). The policy is intended to control the potential land use conflicts, ensure adequate road connections, provide high quality design and have appropriate, high quality amenity space. Approval Process The approval process for this application involves two steps:
Enabling Policy and LUB Context. The subject properties are located within the Musquodoboit Harbour Rural District Growth Centre under the Regional Plan. Low to medium densities and alternative housing forms are generally encouraged. At the community plan level, the subject site is designated Mixed Use under the Eastern Shore (West) MPS. This designation intends to support the continuation of the existing rural land use pattern, providing for a wide range of residential, commercial, resource, traditional and community facility uses. This application can be considered in accordance with Policy MU-3 of the MPS, which enables Council to consider multiple unit dwellings through the development agreement process. The subject property is zoned MU (Mixed Use) under the Eastern Shore (West) Land Use By-law (LUB). This zone permits residential development under three dwelling units and a wide range of commercial, resource, traditional and community uses.
Enabling Policy and LUB Context. The subject property is within the Low Density Residential Designation of the Halifax Mainland Municipal Planning Strategy (MPS), and the Holding (H) Zone of the Halifax Mainland Land Use By-law (LUB), which allows single unit dwellings. Section 5 of the LUB requires that all lots abut a public street, and the zone requires a minimum of 15.24m (50ft) of frontage. The subject site does not abut a public street, so a permit cannot be issued as-of-right for a single unit dwelling. However, Section 71 (1) of the LUB enables Council to consider development agreements for residential uses on lots that do not abut a publicly owned and maintained street in accordance with policy 2.12 of the MPS.
Enabling Policy and LUB Context. The subject property is designated Urban Residential under the Sackville Municipal Planning Strategy (MPS) and is zoned R-6 (Rural Residential) under the Sackville Land Use By-law (LUB). The R-6 zone permits single unit dwellings and, in conjunction with dwellings, day care facilities, bed and breakfasts, business uses, and pet care facilities. Resource and community uses are also permitted under the R-6 Zone. Commercial uses are not permitted as-of-right within the R-6 Zone; however, Policy UR-20 of the Sackville MPS enables Council to consider permitting commercial uses, by development agreement, on lands located along Sackville Drive, between Millwood Drive and the Plan Area boundary. Historically, this area has consisted of scattered low-density residential uses interspersed with several commercial properties. The MPS allows for the consideration of a small range of commercial service uses which provide services to the immediate area, as well as the more urban portions of the Plan Area.
