Common use of Proposed Development Agreement Clause in Contracts

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:

Proposed Development Agreement. Attachment A 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 limit Maximum number of 104 residential units; • Mix of permitted uses; • Number of units per dwelling unitstype; • Phasing; • New public street connections and private shared driveways; • Provisions regarding the location, with a minimum number, and height of 55single unit dwellings; • Controls regarding the location, number, height, and design of the senior citizen housing; • Retention of 60% of the total number containing at least two bedrooms lands as open space; • Parkland dedication; • Servicing the development with central water and a minimum of 5% private on-site septic; and, • Deadlines for commencement and completion of the total number of units containing three or more bedrooms; • Height, siting, massing, development. Case 20110: Rezoning and exterior design elements of the building; Case 23862: Development Agreement 0000-0000 Xxxx Xxxxxxx RoadWindgate Drive, Xxxx Harbour Beaver Bank Community Council Report - 4 7 - February 2November 8, 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 2021 The application was originally submitted 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 2014. Multiple revisions have been made to the parkingproposal over the years to satisfy the policy criteria, circulationaddress concerns raised by the public, and access requirements; o Changes to the landscaping requirements; meet technical requirements of HRM and o Extension to the dates of commencement and completion of developmentother government agencies. The attached development agreement will permit a multiple 374-unit dwellingOpen Space Design development, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS and RMPS criteria as shown in Attachment BC, the following have been identified for detailed discussion. Height Signing Period and Subdivision The COVID-19 pandemic has resulted in difficulties in having legal agreements signed by multiple parties in short periods of time. To recognize this difficulty in these unusual circumstances, staff are recommending extending the signing period for agreements following a Council approval and completion of the required appeal period. While normally agreements are required to be signed within 120 days, staff recommend doubling this time period to 240 days. The recommended extension would also provide time for completion of the subdivision application required to register the proposed development agreement. This extension would have no impact on the development rights held within the agreement, and the agreement could be executed in a shorter period of time if the situation permits. Mix of Residential Uses A maximum of 374 residential units is enabled under the Open Space Design policies. Residential units are generally clustered on common condominium parcels to maximise retention of open space and minimize road development while providing for safe and adequate road connections. The single unit dwelling is the predominant housing form proposed in keeping with the adjacent neighbourhoods. Senior citizen housing in the form of townhouses and multiple unit dwellings is also proposed in specific locations of the development. The types of land uses enabled under the proposed development agreement will enable a sixalso include home-storey buildingbased offices and privately-owned community facilities. Other apartment buildings Secondary and backyard suites are not permitted as the relevant policy is specific in the maximum density permitted within the proposed development. Senior citizen housing offers a land use that is not currently available in the immediate area are 3 storeys– it would fulfil a special need in the community, which staff advise to be reasonably consistent with the intent of enabling new seniors housing developments in the Plan area. Controls are included in the proposed development agreement relating to topics including building design, building location, building scale, and amenity area. These controls strive to reduce conflict with surrounding lower density neighbourhoods and to ensure the senior citizen housing is approximately designed appropriately for occupancy by senior citizens. Senior citizen housing also allows for greater clustering of units to protect open space as intended by the maximum height achievable Open Space Design policies. Although the Municipality does have some authority to create policy aimed at addressing social conditions, such as senior citizens housing, it is not able to regulate tenancy. Any restriction to tenancy based on age would be a violation of the Nova Scotia Human Rights Act. While the Developer may market buildings for senior citizens, tenancy based on age cannot be enforced by the Municipality. Staff advise that the proposed mix of residential uses is more in keeping with the surrounding area than the types of land uses permitted under the current I-1 and MR-1 zoning. The current zoning permits a wide range of commercial, industrial, and resource operations including warehousing and manufacturing, heavy machinery sales and service, trucking and landscaping, general contracting, agriculture, forestry, and composting operations as-of-right. There is one four- storey apartment building located to Staff advise that the west proposed Open Space Design development offers a more appropriate use of land in keeping with the surrounding area than the existing as-of-right development options. Open Space and Parkland A minimum of 60% of the subject sitelands is proposed to be maintained as common open space in the ownership of a condominium corporation or by the Municipality as parkland. Open Space areas are intended to maintain a connected open space system, which is subject protect primary conservation features such as riparian buffers, natural corridors, and wetlands, and identify secondary conservation features to a be carefully developed including Case 20110: Rezoning and Development Agreement Windgate Drive, Beaver Bank Community Council Report - 8 - November 8, 2021 mature forests. As enabled under the Open Space policies, active and passive recreation uses for residents of the development agreementas well as facilities to service the development are permitted within the open space areas. While Uses proposed within the common open space areas include amenity areas for the senior citizen housing and private wastewater treatment plants. Staff advise that the proposed building sites are strategically located in areas best suited for development. Furthermore, the proposed development is significantly taller than other buildings connected through a road system that supports protection and connectivity of open space while minimizing impacts on primary and secondary conservation features. Primary conservation areas are generally retained as non-disturbed open space. There is only one location where proposed public Road “A” crosses Duck Lake Brook. A minimum of 5% parkland dedication is required for the proposed Open Space Design development. An expansion of Monarch-Rivendale Park, a trail running along Duck Lake Brook, and a new park at the end of Xxxxxxx Court connecting to the existing Duck Lake Xxxxx Xxxxxxxx in Capilano Estates subdivision are proposed. These parks and trail allow for connectivity of existing park assets in the area, staff think there is merit adjacent subdivisions and are in proximity to consider a taller building at this location for a number of reasons:the Second Lake Regional Park. Any additional parkland dedication required would be accepted as cash or equivalent value as determined by the Development Officer through the subdivision approval process.

Proposed Development Agreement. Attachment 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 Allows a 3-storey multiple unit building containing 18 residential 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 buildingcontrols; Case 23862: Development Agreement 0000-0000 Xxxx Xxxxxxx Road, Xxxx Harbour Community Council Report - 4 - February 2, 2023 • Required indoor Minimum amenity space requirements; • Landscape and outdoor amenity space, including the minimum size of indoor space and landscaping for the outdoor spacelighting controls; • Controls on site access parking location and requirements for vehicular parkinga parking minimum of 14 spaces; • 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 Minimum bicycle parking requirements in accordance with By- law G-200the requirements of the Xxxx Harbour/Xxxxxxxx LUB; • Includes the ability to construct accessory buildings in accordance with the requirements of the Xxxx Harbour/Xxxxxxxx LUB; and • Non-substantive amendments permitted within the agreement, agreement including: o Changes Minor changes to accommodate commercial uses on siting, bulk, or scale of the ground floor; o Changes to accommodate potential improvements to Xxxx Harbour Roadbuilding; o Changes to the parking, circulation, and access requirements; o Changes to exterior architectural design of the landscaping requirementsbuilding which are not minor nor consistent with the general architectural intent of the Schedules; and o Extension to the dates of commencement and completion of development. The attached proposed development agreement will permit a multiple unit dwellingresidential 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. Height Parking and Site Access The proposed development agreement will enable requires fewer vehicle parking spaces than would be required for multiple unit dwellings under the Xxxx Harbour/Xxxxxxxx Land Use By-law. The LUB requirement would result in a six-storey buildingminimum 27 spaces for this development as it requires that 1.5 spaces be provided per unit. Other apartment buildings in the area are 3 storeysThe proposal includes a minimum of 14 vehicular parking spaces, which is approximately the maximum height achievable as-of-rightresults in a parking ratio of 0.8 spaces per unit. There is one four- storey apartment building located Staff advise that this lower parking ratio can be supported due to the west reasonable distance from the site to active transportation routes, bus service, and shops and services including schools, Xxxx Harbour Place recreation centre, and a grocery store. The applicant has provided that Dartmouth Housing’s experience with their existing housing stock is that anticipated tenants have fewer cars than a market unit PLANAPP 2023-00339 (formerly Case 24496): Development Agreement 0 Xxxxxxxxxx Xx, Xxxx Xxxxxxx Community Council Report - 4 - July 6, 2023 building would, thereby reducing the impact of the subject site, which is subject to a development agreement. While the proposed building is significantly taller than other buildings on traffic and parking demand in the area, staff think there . It is merit to consider a taller building at this location for a number of reasons:also noted that additional bicycle parking will be provided.

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 permits a 167-unit residential subdivision comprising of single unit and semi-detached dwellings and addresses the following matters: • A Type, maximum limit number, and siting of 104 dwelling residential 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, Secondary and exterior backyard suites; • Minimum lot sizes; • Configuration and 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 spacenew public streets; • Controls on site access location and requirements for vehicular parkinghome business uses; • Landscaping Location and lighting controls, including size of neighbourhood park as parkland dedication for the requirement for a minimum 1.5 metre tall opaque fence along the eastern property boundarysubdivision; • Requirements for a non-disturbance area around Location and size of tree buffers between the watercoursedevelopment and existing residential uses; • Requirement for Lot Grading Servicing and Erosion and Sedimentation Control Plans in accordance with By- law G-200stormwater management requirements; 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 aboveSignage provisions. 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 Mix of Unit Types Staff advise that the proposed mix of single unit dwellings and semi-detached dwellings provides different housing options while sustaining the character of the existing community. The proposed development agreement will enable unit types and various lot sizes are characteristic of a sixcentrally serviced low-storey density residential neighbourhood. Larger single unit dwelling lots that satisfy or exceed the minimum lot standards of the abutting Rural Residential (R-6) Zone are located along the perimeter of the lands, where the property abuts existing low-density residential development. Smaller single unit dwelling lots are planned toward the interior of the lands and offer a transition to the smallest semi-detached dwelling lots in the centre of the lands. Case 21355: Development Agreement Lively Road, Middle Sackville Community Council Report - 5 - April 12, 2021 Secondary and Backyard Suites A secondary suite is a subordinate dwelling unit located entirely within the main dwelling, whereas a backyard suite is a subordinate dwelling unit located within an accessory building. Other apartment buildings Staff recommend permitting secondary suites and backyard suites under the proposed agreement. Each lot would be permitted a total of one secondary or backyard suite. Allowing secondary and backyard suites offers the option for subordinate dwelling units that is enabled across all zones of the Municipality accessory to single unit, semi-detached and townhouse dwellings. Useable Public Lands Staff advise that the proposed 1,789 sq. m neighbourhood park at the corner of Solar Court and Dusk Drive satisfies the definition of useable land under the Regional Subdivision By-law for acceptance as public parkland. Any additional parkland dedication required at the final subdivision stage would be 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 form of the subject site, which is subject to a development agreement. While the proposed building is significantly taller than other buildings cash in the area, staff think there is merit to consider a taller building at this location for a number lieu or local site improvements of reasons:equivalent value.

Proposed Development Agreement. Attachment A 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 limit of 104 dwelling units, Allows for a 10 storey multi-unit residential building with ground floor commercial uses; • Requires 146 interior parking spaces; • Requires a minimum of 5550% of the total number containing at least units be two bedrooms and a minimum of 5% of the total number of units containing three or more bedrooms; • HeightRequire a minimum of 110 square metres of indoor amenity space, 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 which shall include space above ground with access to outdoor amenity space, including the ; • Require a minimum size of indoor space and landscaping for the 340 square metres of outdoor amenity space; • Controls on site access location building siting, massing, exterior design and requirements for vehicular parkingmaterials; • Landscaping and lighting controls, including the requirement for a minimum 1.5 metre tall opaque fence Require landscaping plan which will include landscaping along the Demone St frontage, south- western and north- 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-200boundaries; and • Non-substantive amendments permitted within include 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 granting of an extension to the parkingdate of commencement, circulation, length of time for completion of the development and access requirements; o Changes changes to the landscaping requirements; and o Extension to the dates of commencement and completion of developmentunit mix. The attached development agreement will permit a multiple unit dwellingmixed-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 BC, the following have been identified for detailed discussion. Height Building Massing and Design The proposed development agreement will enable building is well articulated and utilizes materials, colours and recesses to define the space and break up the massing. The building is well defined into a six-storey base, middle and top, and materials have been chosen to visually lighten the appearance of the top. The portions of the building that front on a street are made of glass and light colours to reduce the visual impact of the building. Other apartment buildings The building is proposed in the an area are 3 storeysthat transitions from commercial and industrial use, which is approximately the maximum to a more stable low density residential neighbourhood. The height achievable as-of-right. There is one four- storey apartment of this building located steps down as it approaches Young Street, providing that transition to the west of the subject site, which is subject to a development agreementexisting R-2 neighbourhood. 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:Amenity Space

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 Requires the building to meet the regulations of 104 dwelling unitsthe Regional Centre LUB, with limited variations as identified in this report; • Requires a minimum of 55% density bonusing contribution as per the policies of the total number containing at least two bedrooms Regional Centre Secondary Planning Strategy and a minimum of 5% the requirements of the total number of units containing three or more bedroomsLand Use By-law; • HeightProvides pedestrian-oriented ground uses along Martins Park, siting, massingCanal Street, 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 spacePatuo’qn Street Extension; • 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 Cohesive grade interaction with By- law G-200Martins Park; and • Non-substantive amendments permitted within to the agreement, development 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 grade requirements along the parking, circulation, and access requirements; o Changes to the landscaping requirementsshared property line with Martins Park; and o Extension to the dates of commencement and completion of development. The attached proposed development agreement will permit two residential towers on a multiple unit dwellingshared podium with commercial uses at street grades, subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS SMPS criteria as shown in Attachment B, the following have been identified for detailed discussion. Height Variations to the Land Use By-law The proposed development agreement will enable a sixsite is zoned CDD-2, however, the enabling policies of the Regional Centre SMPS direct that the uses and building form be regulated by pre-storey building. Other apartment buildings existing zones in the area are 3 storeys, which is approximately Regional Centre Land Use By-law. Policy further acknowledges that limited site-specific adjustments to meet the maximum height achievable asapplicable site-of-right. There is one four- storey apartment building located to the west of the subject site, which is subject to specific Dartmouth Cove FGN requirements and objectives may also be required within a development agreement. While With guidance from the proposed building is significantly taller than other buildings in the areaRegional Centre SMPS Map 13: Future Growth Node Land Use Concept – Dartmouth Cove (Attachment C), staff think there have determined that the most appropriate zone against which to evaluate the proposal for the site is merit the Centre 2 (CEN-2) Zone. In addition, several proposed variations of the LUB requirements have been requested to consider achieve the objectives of the Dartmouth Cove FGN. Specifically, the Floor Area, Building Dimensions, Streetwall Stepback, Tower Side Yard Setback, and Balcony variations are provided to ensure a taller building at this location built form that permits the density allowed for a number of reasons:the site (which is established under Policies F-11(d), F-11(l), and Map 13); xxx Xxxxxxx Park Setback variation is to ensure Policy F-11(d)(iv) is met, which requires appropriate setbacks from Martins Park. Floor Area This variation request seeks an alteration to how maximum floor area is distributed on the site. The Regional Centre SMSP sets the maximum floor area ratio (FAR) for the Dartmouth Cove area through 4 distinct Case 22875: Development Agreement 00 Xxxxx Xxxxxx, Xxxxxxxxx Community Council Report - 4 - December 1, 2022

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 Legalize the existing salvage yard operation; • Establish a vegetative buffer through existing treed areas from adjacent properties; • Establish visual screening from Clam Harbour Road; • Establish watercourse buffers; • Regulate access and parking; • Allocate areas for vehicle, tire storage and crushing sites; • Confirm adherence to Provincial standards; • Provide for non-substantive amendments including: - the granting of 104 dwelling units, with a minimum an extension to the date of 55% commencement of development; and - the length of time for the completion 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; development. Case 2386222198: Development Agreement 0000-0000 Xxxx Xxxxxxx RoadXxxx, Xxxx Harbour Xxx Community Council Report - 4 - February 2March 4, 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. 2021 The attached development agreement will permit a multiple unit dwelling, legalize the existing salvage yard operation subject to the controls identified above. Of the matters addressed by the proposed development agreement to satisfy the MPS criteria as shown reviewed in Attachment B, the following items have been identified for detailed discussion. Height Buffering and Screening Measures Clause (f) of Policy MU-14 directs consideration be given to adequate buffering and screening measures to reduce any visual and/or noise intrusion to surrounding residential development. Through the proposed development agreement (Attachment A) this is achieved with the following measures: • Limit the hours of operation to 8:00 am to 9:00 pm daily. The business currently keeps business hours flexible depending on clients needs but generally these hours reinforce a daytime use of the property which helps maintain compatibility with surrounding uses; • Retain and maintain the existing wooded areas and natural tree buffering on both sides of the subject property, as shown on the Map 3, between the operations of the site and the adjacent properties and Clam Harbour Road; and • Limit the operation and storage of vehicles to the area behind the existing single unit dwelling and attached garage. Any future proposed decrease to the wooded area buffers to adjacent properties would be considered a substantive amendment to the proposed development agreement and would need to be approved by Council via a subsequent application. Impact on Environment /Watercourse Buffers Clause (g) of Policy MU-14 requires adequate measures to protect the natural environment. A small intermittent stream has been identified at the south western portion of the subject site as shown on Map 3. The proposed development agreement will enable addresses the proximity of the salvage yard operation to any known watercourse and stipulates that no outdoor storage facility use, building, use of land associated with the salvage yard, and automotive repair shop shall be within 20 metres (61 feet) of a six-storey buildingwatercourse. Other apartment buildings in In addition, the area are 3 storeysapplicant is required to submit a detailed site disturbance plan, which is approximately the maximum height achievable as-of-right. There is one four- storey apartment building located erosion and sedimentation control plan, and stormwater management plan prior to the west issuance of the subject site, which is subject to a development agreementpermit. While This will ensure the proposed building watercourse setback is significantly taller than other buildings being met and that the vehicles are placed only in the area, staff think there is merit to consider a taller building at this location for a number of reasons:allocated locations as shown on Map 3.