Proposed Development Agreement Sample Clauses

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • A maximum limit of 104 dwelling units, with a minimum of 55% of the total number containing at least two bedrooms and a minimum of 5% of the total number of units containing three or more bedrooms; • Height, siting, massing, and exterior design elements of the building; Case 23862: Development Agreement 0000-0000 Xxxx Xxxxxxx Road, Xxxx Harbour Community Council Report - 4 - February 2, 2023 • Required indoor and outdoor amenity space, including the minimum size of indoor space and landscaping for the outdoor space; • Controls on site access location and requirements for vehicular parking; • Landscaping and lighting controls, including the requirement for a minimum 1.5 metre tall opaque fence along the eastern property boundary; • Requirements for a non-disturbance area around the watercourse; • Requirement for Lot Grading and Erosion and Sedimentation Control Plans in accordance with By- law G-200; and • Non-substantive amendments permitted within the agreement, including: o Changes to accommodate commercial uses on the ground floor; o Changes to accommodate potential improvements to Xxxx Harbour Road; o Changes to the parking, circulation, and access requirements; o Changes to the landscaping requirements; and o Extension to the dates of commencement and completion of development. The attached development agreement will permit a multiple unit dwelling, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Height The proposed development agreement will enable a six-storey building. Other apartment buildings in the area are 3 storeys, which is approximately the maximum height achievable as-of-right. There is one four- storey apartment building located to the west of the subject site, which is subject to a development agreement. While the proposed building is significantly taller than other buildings in the area, staff think there is merit to consider a taller building at this location for a number of reasons:
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Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site. The development agreement sets out the conditions under which the development may occur. It will permit a mixed use commercial and residential building. The proposed development agreement regulates the following: • Building height, up to 8 storeys (plus penthouse) next to Quinpool Road and 3 storeys next to Pepperell Street; • Streetwall height, up to 3 storeys next to Quinpool Road; • Ground floor commercial design facing Quinpool Road; • At-ground residential unit design facing Pepperell Street; • Building setbacks and step-backs; • Permitted land uses, including a mix of residential, commercial, cultural and institutional uses; • Permitted uses facing Pepperell Street, which do not include: restaurants and licensed alcohol establishments; micro brewery or micro distillery; banks and office uses; retail uses and pharmacies; and commercial recreation uses; • Prohibited cladding materials; • Indoor and outdoor amenity space; and • The percentage of units that must be two bedrooms or more (at least 30%). At-grade parking option (Quinpool Road) The proposed development agreement contains an option for enclosed, at-grade parking accessible from Quinpool Road. This parking area would be screened to complement the commercial store fronts. The driveway would line up opposite Xxxxxx Street, subject to final approval from Engineering staff. Staff recommends that this option is reasonably consistent with the MPS policy, specifically Policy 10.2.1 (2e), which states that driveways should minimize their impact on pedestrians and streetscapes. This at-grade parking is separate from the main driveway and underground parking entrance, which is off Pepperell Street. Throughout the public engagement program, the main driveway and underground garage entrance was shown near this location on Quinpool Road. A driveway and underground garage entrance facing Quinpool Road was also shown to Halifax Peninsula PAC. Later, the applicant moved the main driveway and underground garage entrance to Pepperell Street to comply with the HRM Streets By-law.
Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Location of the residential care facility on the subject site; • Provision for outdoor amenity area; • Location of driveway access and number of parking spaces (24); • Landscaping and signage; • Non-substantive amendments; and • Time allotted for commencement and completion. The attached development agreement will permit the proposed redevelopment of the existing residential care facility, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for detailed discussion.
Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Allows the existing commercial building/shopping centre to remain and for its gross floor area to be expanded up to a maximum of ten (10) percent of the existing floor area; • Permits a new, stand-alone commercial building with a maximum gross floor area of 510.97 square metres (5,500 square feet); • The permitted uses in the existing and new commercial buildings; • Height and siting of the buildings, and exterior design elements and lot coverage of the new building; • Subdivision of the lands; • Controls on vehicular parking and circulation, bicycle parking, and pedestrian access to the site; • Lighting and screening controls; and • Non-substantive amendments permitted within the agreement, including: Case 23684: Development Agreement 000 Xxxxxxxx Xxxxx, Xxxxxxx Community Council Report - 4 - February 13, 2023 o Changes to the type of permitted commercial uses; o Changes to the architectural requirements for the new building; o Changes to parking, circulation, and access requirements; and o Extensions to the dates of commencement and completion of development. The attached proposed development agreement will permit an existing commercial building and a new commercial building, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion.
Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters:  Maximum building height of five storeys, four storey street wall with three storeys for all portions of the building within 12 metres of the north property boundary;  The primary residential entry shall be located on Coburg Road with main floor units featuring individual entries;  A minimum 25% of the units shall contain two or more bedrooms, with each floor of the building containing a minimum of two 2-bedroom units; and  Matters for non-substantive amendment include changes to the proposed landscaping, and extensions to the date of commencement and completion of the development. Case 19858: Development Agreement 0000 Xxxxxx Xxxx, Xxxxxxx Community Council Report - 4 - July 25, 2017 The attached development agreement will permit a multi-unit residential development, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Building Height The maximum building height is 17.5 metres, to a maximum of five storeys as per controls in the development agreement. The Larch Street and Coburg Road streetwall height is limited to 14 metres, to a maximum of four storeys. Additionally, controls have been implemented as per the site-specific MPS policy which requires upper floors of the building to be setback 12 metres from the north property boundary. This will aid in transitioning the building form to the existing low density neighbourhood to the north. Building Stepbacks Appropriate transition to the existing abutting low density neighbourhood north of the site and consistency of the streetwall along Coburg Road is accomplished by a required building stepback of a minimum of 2.43 metres in depth on Larch Street and Coburg Road.
Proposed Development Agreement. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters:  The number, placement, gross floor area, use, and height of buildings;  parking, circulation and access;  landscaping;  signage; and  non-substantive amendments including: - changes to the location of landscaped areas; - changes to the requirements related to signage; - the granting of an extension to the date of commencement of development; and - the length of time for the completion of the development. The attached development agreement will permit the proposed uses subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion: Servicing The subject site is proposed to be serviced with municipal water services as it is within the Water Service Boundary. The site however, is not currently within the Urban Service Boundary as established under the Regional Subdivision By-law. While municipal sanitary lines exist within the Prospect Road, to serve the Exhibition Centre at 000 Xxxxxxxx Xxxx the proposed development is not currently eligible to connect to Case 20725: Development Agreement 000 Xxxxxxxx Xxxx, Xxxxxxx Community Council Report - 4 - December 13, 2017 the municipal sanitary system. This matter is being dealt with under a separate planning application (Case 20748). In the meantime, the development is proposed to be serviced with an onsite sewage disposal system. Should the Urban Service Boundary be amended, the proposed development agreement provides the flexibility for the development to be serviced with municipal sanitary sewer.
Proposed Development Agreement. Attachment B contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • A maximum building height of 26 m excluding the mechanical penthouse; • Provision for a 3 storey streetwall facing Xxxxx Street; • The streetwall transitions from three to two storeys on the sides and one storey in the rear; • A requirement for a detailed landscaping plan including outdoor amenity space; • A requirement to provide 110 square metres of interior amenity space with direct access to outdoor amenity space; Case 20719: Development Agreement 5516, 5530 and 0000 Xxxxx Xx, Halifax Community Council Report - 5 - May 22, 2018 • A requirement that a minimum of 50% of the units to be two or more bedrooms; • A requirement for 45 interior parking spaces which must integrated into the building; and • Controls on the materials and exterior design. The following items in the development agreement are identified as non-substantive and can be amended by motion of Community Council: • The granting of an extension to the date of commencement of construction; • Changes to the unit mix; and • Changes to the permitted uses and schedules to allow ground floor commercial use. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria in Attachment C, the following have been identified for detailed discussion.
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Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject property and the conditions under which the development may occur. The proposed development agreement addresses the following matters:  The proposed uses on the property;  The design of the proposed new building and its location on the property;  Requirements for landscaping and screening; and  Requirements for the maintenance of the heritage character of the property. The proposed development agreement also identifies amendments that would be considered non- substantive and may be amended by resolution of Council. In this case, non-substantive amendments include changes to the footprint of the new building as long as the setbacks from property lines and the heritage building are not reduced, changes to the interior of the new building, and extensions to the date of commencement or the time for completion. The attached development agreement would permit the construction of a new three storey, twelve unit residential building in the westerly side yard of the subject property, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment C, the following have been identified for detailed discussion.
Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site and the conditions under which the development may occur. The proposed development agreement addresses the following matters: • Maximum building height of 85 feet (25.91 metres); • Permits maximum 86 dwelling units; • Location, maximum area and types of permitted commercial uses; • Permitted building materials; • Number of parking spaces and location of access to below grade parking; • Signage; • Requires landscaping plan; • Non-substantive amendments; and • Time allotted for commencement and completion. Case 22177: Development Agreement Almon and Gladstone Streets, Halifax Community Council Report - 4 - January 21, 2020 The attached development agreement will permit an eight storey mixed use building, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Traffic The proposed development fronts on Almon and Gladstone Streets. Xxxxx Street is a two-lane collector street with curb and gutter and sidewalk both sides with time limited on-street parking permitted on both sides. Gladstone Street is a two-lane local street with curb and gutter and sidewalk both sides with on- street parking permitted.
Proposed Development Agreement. Attachment A contains the proposed amending development agreement for the subject site. The proposed amending agreement allows for an extension to the commencement and completion dates by two years. The commencement date is five years from the date the original agreement was registered. The completion date is seven years from the date the original agreement was registered. The extensions of time provided in the proposed amending agreement meet the intent of the policy. The amendment development agreement does not enable any other changes to the existing development agreement. The proposed time extensions can be considered by Community Council as non-substantive amendments as provided for in Section 6.2 (h) and (i) in the existing development agreement. Section IM-33 of the RCSMPS enables the application to be considered against the enabling policies in effect at the time the original agreement was approved. These enabling policies - 2.3.1, 2.3.2, and 2.3.3 of Section XI of the HMPS – have been repealed, but Policy IM-33 of the RCSMPS enables this application to be considered against these policies. The proposal remains consistent with the enabling policies that were in effect at the time the original agreement was approved. Timeframe for Agreement Execution The COVID-19 pandemic has resulted in difficulties in having legal agreements signed by multiple parties in short periods of time. To recognize this difficulty these unusual circumstances present, staff are recommending extending the signing period for agreements following a Council approval and completion of the required appeal period. While normally agreements are required to be signed within 120 days, staff Case 23936: Amending Development Agreement Gottingen and Macara Street, Halifax Community Council Report - 4 - January 18, 2022 recommend doubling this time period to 240 days. This extension would have no impact on the development rights held within the agreement, and the agreement could be executed in a shorter period of time if the situation permits.
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