Enabling Policy and Zoning Context. During the review of this application, the 2014 Regional Plan was approved by Regional Council. Policy G-18 of the 2014 Regional Plan is as follows: “G-18 Where any completed development agreement application was received by HRM prior to Council’s first notification to adopt this Regional Plan, the application shall be considered in accordance with the Regional Plan policies in effect at the time the application was received.” As the application was received by HRM prior to May 31, 2014, the first notification ad for the adoption of the 2014 Regional Plan, the application is considered under the policies of the 2006 Regional Plan. Policies S-15 and S-16 of the 2006 Regional Plan set out the criteria by which Council must consider Classic Open Space Design Development proposals (Attachment C). The policies focus on minimizing the overall disturbance to the site and the importance of retaining important ecological and cultural features, while demonstrating that there is sufficient groundwater to serve both the proposed and existing developed properties. Open Space Design Development With the adoption of the Regional Plan and Regional Subdivision Bylaw in 2006, the as-of-right subdivision of land in most unserviced areas throughout HRM is limited to 8 lots on a new public road unless the subdivision was on file prior to 2004. New subdivisions involving more than 8 lots on a new public road are now only considered in the form of Open Space Design Developments through the development agreement process. Case 19004 – Three Xxxxxx Amending Development Agreement - 3 - March 23, 2015 An Open Space Design Development is a creative form of subdivision design that conserves open space in a contiguous form. The basic principal is to locate homes on portions of the property which are best suited for development while retaining the remainder of the property as undisturbed open space. It is important to note that open space is different from public parkland. The Classic form of Open Space Design Development involves the entire development being under a single ownership. The key objective of open space design developments is to minimize road development and focus development on areas that are most appropriate from an ecological and cultural stand point. Therefore, only 40% of the property can be developed while the remaining 60% must be retained as common open space. Dwellings are to be clustered together and services such as septic systems and driveways are to be shared.
Enabling Policy and Zoning Context. Prior to the application of the RC-1 zone in the 1960’s, the subject property was developed with two buildings. The RC-1 Zone allows only a grocery store or a drug store, and as such the laundromat in the building that fronts on Xxxxx Street is understood to be a non-conforming use (Attachment B). The grocery store in the other building on the property, fronting on South Street, is a permitted use in the zone. As a non-conforming use, the laundromat use is permitted to continue, provided that the use is not discontinued for a period of longer than six continuous months. A non-conforming use may only be changed to a use that is permitted within the zone in which the property is located. This development agreement application is made pursuant to Implementation Policy 3.14 of the Halifax MPS which enables Community Council to consider conversions of non-conforming uses to another use, provided that the new use is considered to be less intensive than the existing use (see Attachment C). Proposal The proposal is to allow the internal conversion of the existing building at 0000/0000 Xxxxx Xxxxxx from a laundromat to a small scale restaurant with approximately 63 square metres (680 square feet) of gross floor area. No expansion to the floor area of the existing building is proposed. However, the applicant is proposing extensive exterior renovations to improve the appearance of both buildings on the property. Case 19695 – Non-conforming Use DA 0000/00 Xxxxx Xx, Halifax Community Council Report - 3 - December 16, 2015 DISCUSSION Staff has reviewed the proposal relative to all relevant MPS policies and advise that it is consistent with the intent of the MPS, as the restaurant use is a less intensive land use than the existing laundromat use. Attachment C provides an evaluation of the proposed development agreement in relation to the relevant MPS policies. The following issues have been identified for more detailed discussion. Restaurant Use vs. Laundromat Use Both uses are similar in function as they intend to serve the local neighbourhood and due to the constraints created by lot and building size, they are small scale operations. The proposed restaurant use has the potential to attract more customers especially during certain hours of the day. However, through the development agreement, controls will be placed on the use to mitigate potential impacts that could arise. Aspects of the development agreement include the following: • Requirements for renovations to all...
Enabling Policy and Zoning Context. The C-2B Zone permits a mix of commercial and residential uses. As the property is located within Schedule R, it is subject to a height of 10.67 metres (35 feet). Policy 1.8 of the Secondary Plan allows for the consideration of developments over 10.67 metres (35 feet) through the development agreement process (see Attachment B). Schedule R was approved by Regional Council in 2011 as part of a larger planning study for the Bedford Basin and amendments for the Bedford Highway Secondary Plan. Schedule R was applied to two areas of the Bedford Highway Secondary Plan; the lands surrounding the intersections along Bedford Highway and Xxxxx Xxxxx Boulevard, and the lands at the north end of the Halifax Plan Area (see Map 3). Case 17760: 000 Xxxxxxx Xxxxxxx Community Council Report - 3 - September 9, 2013 Proposal The application is for a 7 storey multi-unit residential development at 000 Xxxxxxx Xxxxxxx, Xxxxxxx. The proposal includes: • a 52 unit residential building incorporating both indoor and outdoor amenity space; • a building that is terraced along the grade and designed to incorporate three 5-7 storey sections; • a combination of underground and surface parking; and • vehicular access to the building from Bedford Highway.
Enabling Policy and Zoning Context. The site is within that area of Gottingen Street (between Xxxxxxxx Street and Prince Xxxxxxx Street) identified by the MPS as a major commercial area for Peninsula North and the broader community. MPS policy encourages commercial and residential intensification in this area, in recognition of the street’s historic role as a major shopping street and to once again strengthen this role. Policy also encourages the development of new housing stock that appeals to all income levels. This application largely concerns a proposed increase in height for the site.
Enabling Policy and Zoning 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 D). 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 E) 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 E).
