Common use of Proposed Development Agreement Clause in Contracts

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. The development agreement sets out site and the conditions under which the development may occur. It The development agreement would permit two child care centres for up to 80 children divided equally between the two sites, as follows: • A maximum of 40 children under care permitted at 00 Xxxxxxx Xxxx Road; • A maximum of 40 children under care permitted at 0 Xxxxxxxxx Xxxx; • Both properties within the single subject site will permit be subject to one development agreement; • R-1 uses are permitted if child care centre is no longer operational; • Each building must retain residential characteristics; • Outdoor play area required with safety boundaries and screening; • Hours of operation from 7:00 a.m. to 6:30 p.m.; • 9 hard-surfaced vehicle on-site parking spaces, and dedicated walkways to the buildings; • A driveway loop connecting the properties to provide safer vehicular and pedestrian access, improve sightlines, and reduce congestion; • Bicycle parking as required by the Halifax Mainland Land Use By-law for recreation facilities, community centres and libraries; • Minimum standards for outdoor lighting, signage, refuse screening, and maintenance; and • Changes to dates of commencement and completion are listed as non-substantive matters. 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, Parking, and Pedestrians Community concern expressed through the engagement process was primarily focussed on traffic, pedestrian activity and the supply of parking. The bulk of staff analysis focused on these aspects of the proposal in consultation with the Development Engineer and HRM Traffic Management. Child care centres rely heavily on unloading and loading children from vehicles. Pedestrian activity between vehicles and the buildings are a mixed use commercial primary safety concern as noted in Implementation Policy 3.20.1 (e): “vehicular access to and residential buildingegress from the child care centre and pedestrian movement shall be accommodated in a manner which encourages safety.” The proposal includes the addition of a driveway loop connecting 55 Xxxxxxx Lake Road and 4 Grosvenor Road as shown on the site plan (Attachment A, Schedule B). Off-street parking is also provided for 9 vehicles. Case 21389: Development Agreement 00 Xxxxxxx Xxxx Rd & 4 Grosvenor Rd, Halifax Community Council Report - 5 - October 15, 2019 These improvements are enabled by a change in the streetline through a municipal real estate transaction recently approved by Regional Council that enlarged the 0 Xxxxxxxxx Xxxx property to provide the additional on-site space required for the driveway and off-street vehicle parking. Users of both facilities will enter the site from the Grosvenor Road driveway serving 55 Xxxxxxx Lake Road and exit from the 4 Grosvenor Road driveway. The points of access and egress are both on Grosvenor Road providing adequate sight lines and more efficient traffic flow. Implementation Policy 3.20.1(c) requires on-site parking for child care centre employees. The proposed development agreement regulates anticipates providing one parking space for every two employees. Staff are satisfied that this ratio will be satisfactory because the following: • Building heightsite is located on a transit route and is embedded within a residential neighbourhood, up making it possible for employees to 8 storeys take transit, walk or cycle to work. Concentration of Child Care Centres Implementation Policy 3.20.1 g. directs Council to consider whether approving the development agreement would produce a concentration of child care centres within a particular neighbourhood. A child care centre operated by the same property owner is located at 00 Xxxxxxx Xxxx Road, across the street from the subject site. Halifax and West Community Council approved a development agreement to increase the number of children permitted at that site from 14 to 16 after a public hearing on August 6, 2019 (plus penthouse) next to Quinpool Case 21795). This approval combined with the two child care centres proposed in this application would result in three child care operations in the immediate area around the intersection of Xxxxxxx Lake Road and 3 storeys next to Pepperell Street; • Streetwall heightGrosvenor Road. Notwithstanding their physical proximity, 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 staff 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 consider the two proposed child care centres to be in the same neighbourhood as the recently approved operation at 00 Xxxxxxx Xxxx Rd. These operations are separated by Xxxxxxx Lake Road which is a busy arterial street that must be two bedrooms or more (at least 30%)provides a substantial barrier between the sites. At-grade parking option (Quinpool Road) The Under these circumstances, staff advise that approving the proposed development agreement contains an option for enclosed, at-grade parking accessible from Quinpool Road. This parking area would be screened is not expected to complement the commercial store fronts. The driveway would line up opposite Xxxxxx Street, subject to final approval from Engineering staff. Staff recommends generate negative impacts that this option is reasonably consistent are typically associated 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-lawa concentration of child care centres within a particular neighbourhood.

Proposed Development Agreement. Attachment A contains the proposed development agreement for the subject site. The development agreement sets out site and the conditions under which the development may occur. It The development agreement would permit two child care centres for up to 80 children divided equally between the two sites, as follows: • A maximum of 40 children under care permitted at 00 Xxxxxxx Xxxx Road; • A maximum of 40 children under care permitted at 0 Xxxxxxxxx Xxxx; • Both properties within the single subject site will permit be subject to one development agreement; • R-1 uses are permitted if child care centre is no longer operational; • Each building must retain residential characteristics; • Outdoor play area required with safety boundaries and screening; • Hours of operation from 7:00 a.m. to 6:30 p.m.; • 9 hard-surfaced vehicle on-site parking spaces, and dedicated walkways to the buildings; • A driveway loop connecting the properties to provide safer vehicular and pedestrian access, improve sightlines, and reduce congestion; • Bicycle parking as required by the Halifax Mainland Land Use By-law for recreation facilities, community centres and libraries; • Minimum standards for outdoor lighting, signage, refuse screening, and maintenance; and • Changes to dates of commencement and completion are listed as non-substantive matters. 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, Parking, and Pedestrians Community concern expressed through the engagement process was primarily focussed on traffic, pedestrian activity and the supply of parking. The bulk of staff analysis focused on these aspects of the proposal in consultation with the Development Engineer and HRM Traffic Management. Child care centres rely heavily on unloading and loading children from vehicles. Pedestrian activity between vehicles and the buildings are a mixed use commercial primary safety concern as noted in Implementation Policy 3.20.1 (e): “vehicular access to and residential buildingegress from the child care centre and pedestrian movement shall be accommodated in a manner which encourages safety.” The proposal includes the addition of a driveway loop connecting 55 Xxxxxxx Lake Road and 4 Grosvenor Road as shown on the site plan (Attachment A, Schedule B). Off-street parking is also provided for 9 vehicles. Case 21389: Development Agreement 00 Xxxxxxx Xxxx Rd & 4 Grosvenor Rd, Halifax Community Council Report - 5 - November 13, 2019 These improvements are enabled by a change in the streetline through a municipal real estate transaction recently approved by Regional Council that enlarged the 0 Xxxxxxxxx Xxxx property to provide the additional on-site space required for the driveway and off-street vehicle parking. Users of both facilities will enter the site from the Grosvenor Road driveway serving 55 Xxxxxxx Lake Road and exit from the 4 Grosvenor Road driveway. The points of access and egress are both on Grosvenor Road providing adequate sight lines and more efficient traffic flow. Implementation Policy 3.20.1(c) requires on-site parking for child care centre employees. The proposed development agreement regulates anticipates providing one parking space for every two employees. Staff are satisfied that this ratio will be satisfactory because the following: • Building heightsite is located on a transit route and is embedded within a residential neighbourhood, up making it possible for employees to 8 storeys take transit, walk or cycle to work. Concentration of Child Care Centres Implementation Policy 3.20.1 g. directs Council to consider whether approving the development agreement would produce a concentration of child care centres within a particular neighbourhood. A child care centre operated by the same property owner is located at 00 Xxxxxxx Xxxx Road, across the street from the subject site. Halifax and West Community Council approved a development agreement to increase the number of children permitted at that site from 14 to 16 after a public hearing on August 6, 2019 (plus penthouse) next to Quinpool Case 21795). This approval combined with the two child care centres proposed in this application would result in three child care operations in the immediate area around the intersection of Xxxxxxx Lake Road and 3 storeys next to Pepperell Street; • Streetwall heightGrosvenor Road. Notwithstanding their physical proximity, 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 staff 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 consider the two proposed child care centres to be in the same neighbourhood as the recently approved operation at 00 Xxxxxxx Xxxx Rd. These operations are separated by Xxxxxxx Lake Road which is a busy arterial street that must be two bedrooms or more (at least 30%)provides a substantial barrier between the sites. At-grade parking option (Quinpool Road) The Under these circumstances, staff advise that approving the proposed development agreement contains an option for enclosed, at-grade parking accessible from Quinpool Road. This parking area would be screened is not expected to complement the commercial store fronts. The driveway would line up opposite Xxxxxx Street, subject to final approval from Engineering staff. Staff recommends generate negative impacts that this option is reasonably consistent are typically associated 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-lawa concentration of child care centres within a particular neighbourhood.