Financial Impact Statement There are no immediate financial impacts associated with the adoption of this report.

Similar documents
STAFF REPORT. Financial Impact Statement There are no immediate financial impacts associated with the adoption of this report.

Community Facilities (CF) Zone Residential; community centre; post office; bed and breakfast

Planning & Development. Background. Subject Properties

Item No Halifax and West Community Council July 10, 2018

EXCERPTS FROM HALIFAX REGIONAL MUNICIPALITY CHARTER

Inverness Area Planning Advisory Committee Inverness County Planning Advisory Committee Inverness County Council Planning Staff (EDPC)

STAFF REPORT PLN September 11, 2017

PLANNING RATIONALE REPORT

Urban Design Brief Dundas Street. London Affordable Housing Foundation. November Zelinka Priamo Ltd.

DEVELOPMENT AGREEMENT APPLICATION

Planning and Building Department

P. H. Robinson Consulting Urban Planning, Consulting and Project Management

PIN , Part 1, Plan SR-713 in Lot 2, Concession 5, Township of McKim (1096 Dublin Street, Sudbury)

Cover Letter with Narrative Statement

P.O. Box 1749 Halifax, Nova Scotia B3J 3A5 Canada Item No Halifax and West Community Council December 16, 2015

Glades County Staff Report and Recommendation Unified Staff Report for Small Scale Plan Amendment and Rezoning

3.1. OBJECTIVES FOR RESIDENTIAL LAND USE DESIGNATIONS GENERAL OBJECTIVES FOR ALL RESIDENTIAL DESIGNATIONS

Village of Glenview Plan Commission

ARTICLE 15 - PLANNED UNIT DEVELOPMENT

O-I (Office-Institutional) and AG-1(Agricultural)

Plan Dutch Village Road

Understanding the Conditional Use Process

Staff Report for Council Public Meeting

COUNTY OF BRANT DEVELOPMENT SERVICES DEPARTMENT COMMITTEE OF ADJUSTMENT. Chair and Members of the Committee of Adjustment

Urban Design Brief. Italian Seniors Project 1090, 1092, 1096 Hamilton Road City of London

Z O N I N G R E G U L A T I O N S. City of New London, Connecticut

CITY OF KAMLOOPS BYLAW NO A BYLAW TO AMEND THE ZONING BYLAW OF THE CITY OF KAMLOOPS

Appendix1,Page1. Urban Design Guidelines. Back to Back and Stacked Townhouses. DRAFT September 2017

Glades County Staff Report and Recommendation REZONING

City of Valdosta Land Development Regulations

Section 7.22: Multifamily Assisted Housing in AA-30 Residential Zone (MAHZ) [Note: an additional line will be added to the Table in Article 3, 3.1.

SUBJECT: Official Plan and Zoning By-law Amendment Applications for 4853 Thomas Alton Boulevard

PERMITTED USES: Within the MX-1 Mixed Use Neighborhood District the following uses are permitted:

PLANNING REPORT Gordon Street City of Guelph. Prepared on behalf of Ontario Inc. March 17, Project No. 1507

CHAPTER 14 PLANNED UNIT DEVELOPMENTS

Planning Advisory Committee Wednesday, May 17 th, :30 PM Council Chambers, Town Hall 359 Main Street, Wolfville, NS

AMENDED ZONING BY-LAW ARTICLE SENIOR LIVING COMMUNITY

1 Application Form 4

250, 252, 254 and 256 Royal York Road and 8 and 10 Drummond Street - Zoning By-law Amendment Application - Preliminary Report

MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 ELBOW VALLEY WEST DIRECT CONTROL DISTRICT BYLAW C

Town of Niagara-on-the-Lake Official Plan Review. Discussion Paper: Second Residential Units. Prepared for: The Town of Niagara-on-the-Lake

Rezoning. Rezone from RA to RF-12 to allow subdivision into approximately 8 small single family lots. Approval to Proceed

111 Wenderly Drive Official Plan and Zoning By-law Amendment Applications - Preliminary Report

1. Allow a workable, interrelated mix of diverse land uses;

Infrastructure, Development and Enterprise Services

RP-2, RP-3, RP-4, AND RP-5 PLANNED RESIDENTIAL DISTRICTS

AMENDMENT NUMBER 38 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF WEST LINCOLN (COMPLIANCE)

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: November 3, 2016

UPPER MOUNT BETHEL TOWNSHIP NORTHAMPTON COUNTY, PENNSYLVANIA

NCP Amendment Rezoning Development Variance Permit

Director, Community Planning, Scarborough District ESC 44 OZ & ESC 44 SB

Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department

PLANNING COMMISSION REPORT Regular Agenda -Public Hearing Item

Conditional Use Permit case no. CU 14-06: Bristol Village Partners, LLC

I. Requirements for All Applications. C D W

Part 4.0 DEVELOPMENT REGULATIONS

Request for Decision STAFF REPORT. Recommendation. Applicant: Location: Application: Proposal: Presented To: Planning Committee

CHAPTER XVIII SITE PLAN REVIEW

Appendix J - Planned Unit Development (PUD)

8.5.1 R1, Single Detached Residential District

Rapid City Planning Commission Conditional Use Permit Project Report

111 Plunkett Road (formerly part of 135 Plunkett Road) - Zoning By-law Amendment Application and Plan of Subdivision Application - Preliminary Report

Address: 2025 Agassiz Road Applicant: Cristian Anca. RM5 Medium Density Multiple Housing

836 St Clair Ave W - Zoning Amendment Application - Preliminary Report

In order to permit maximum applicability of the PUD District, PUD-1 and PUD-2 Districts are hereby created.

Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department

PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: April 18, 2019

PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: July 20, 2017

STAFF REPORT. City of Ormond Beach Department of Planning. Exception for Outdoor Activity

ARTICLE IV DISTRICT REGULATIONS

(a) Commercial uses on Laurel Avenue, abutting the TRO District to the

P. H. Robinson Consulting Urban Planning, Consulting and Project Management

Multi-family dwellings (including assisted living facilities), Public buildings, facility or land; and,

Chapter 100 Planned Unit Development in Corvallis Urban Fringe

The following regulations shall apply in the R-E District:

Planning Justification Report

Medical Marijuana Special Exception Use Information

Greenfield Development Requirements

City and County of Broomfield, Colorado

Planning Justification Report

MINTO COMMUNITIES INC. AVALON WEST STAGE 4 PLANNING RATIONALE. July Prepared for:

DEVELOPMENT APPLICATION PRE-CONSULTATION FORM

ZRTD , Glenn Drive. M. Tyler Klein, AICP, Project Manager, Planning and Zoning John Merrithew, Acting Director, Planning and Zoning

Waseca County Planning and Zoning Office

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF MAY 7, 2007

CITY OF NAPLES STAFF REPORT

ARTICLE XI CONDITIONAL USE PERMITS

These can be obtained at the City s Engineering Department or on the City s website (

Please be advised that the Town does not enforce private covenants or deed restrictions. I. SUBJECT ADDRESS: Zoning District. Palm Beach County:

71 RUSSELL AVENUE. PLANNING RATIONALE FOR SITE PLAN CONTROL APPLICATION (Design Brief)

Council Public Meeting

CITY OF CAMPBELL RIVER PUBLIC HEARING AGENDA

RURAL SETTLEMENT ZONE - RULES

TOTTENHAM SECONDARY PLAN

507, 509 and 511 Kingston Road - Official Plan and Zoning By-law Amendment Applications - Preliminary Report

CHAPTER 7 PROVISIONS GOVERNING USE DISTRICTS

THE REDEVELOPMENT PLAN

ARTICLE V Section Age Restricted Housing Community

ACCESSORY DWELLING UNITS

EVALUATION REPORT PLANNING DEPARTMENT

Transcription:

STAFF REPORT Planning and Development Department Subject: Application by RYC Property to rezone a portion of lands on John Murray Dr. and Megan Lynn Dr. from R2 to R3 and to enter into a Development Agreement to permit the construction of a 16 unit apartment building. To: CAO for Planning Advisory Committee, October 20, 2015 Date Prepared: October13, 2015 Related Motions: PAC15(41) and C15(221) Prepared by: Debbie Uloth, Project Planner Approved by: John Woodford, Director Summary The Planning and Development Department has received an application by RYC Property Ltd. to rezone a portion of lands identified as PID 45395613 and PID 45395621 from Single and Two Unit Dwelling (R2) to Multiple Unit (R3) and to enter into a development agreement to permit construction of a 16 unit apartment building. The properties are currently partially zoned Multiple Unit (R3) and have frontage on John Murray Drive and Megan Lynn Drive, Enfield. Initial reading and consideration were passed by Municipal Council at their September 23, 2015 meeting. Staff have found the application to be consistent with the spirit and intent of the Municipal Planning Strategy and are recommending approval. Financial Impact Statement There are no immediate financial impacts associated with the adoption of this report. Recommendation That Planning Advisory Committee recommend that Council give second reading and approve an application by RYC Property Ltd. to rezone a portion of lands identified as PID 45395613 and PID 45395621 from Single and Two Unit Dwelling (R2) to Multiple Unit (R3) and to give final consideration and approve entering into a development agreement with RYC Property Ltd. to permit construction of a 16 unit apartment building, within one year of Council s approval, and contingent upon Council s approval of the rezoning not being appealed to the Nova Scotia Utility and Review Board or any appeal being dismissed. Recommended Motion Planning Advisory Committee recommends that Council: give second reading and approve an application from RYC Property Ltd. to rezone a portion of lands identified as PID 45395613 and PID 45395621 from Single and Two Unit Dwelling (R2) to Multiple Unit (R3); and give final consideration and approve entering into a development agreement with RYC Property Ltd. to permit construction of a 16 unit apartment building, within one year of Council s approval, and contingent upon Council s approval of the rezoning not being appealed to the Nova Scotia Utility and Review Board or any appeal being dismissed. Page 1 of 18

Background Planning and Development staff received an application from RYC Property Ltd. in September 2015. The application seeks to rezone a portion of two properties (PID 45395613 and PID 45395621) from Single and Two Unit Dwelling (R2) to Multiple Unit (R3). The properties are currently split zoned Multiple Unit (R3) and Single and Two Unit Dwelling (R2). The rezoning would permit the developer to enter into a development agreement with East Hants to permit the construction of a 16 unit apartment building. Under the current zone and regulations the developer is permitted, as-of-right, to develop an eight unit apartment building on each of the properties. However, the applicant wishes to consolidate the properties, through the subdivision process, and construct one 16 unit apartment building, which requires a development agreement. Subject Property The subject properties have frontage on John Murray Drive and Megan Lynn Drive in Enfield and are identified as PID 45395613 and PID 45395621. An excerpt of the zoning map to the left shows the location of the subject property. The total size of the subject property is approximately 50,935 square feet. The subject site is part of a larger development that is currently under construction. The subject properties are designated Residential Subdivision (RS) and split zoned Multiple Unit (R3) and Single and Two Unit Dwelling (R2). Neighbouring property zones include Multiple Unit (R3), Single and Two Unit Dwelling (R2), and Village Core (C6). Property to the east, south, and west is either owned by RYC Property Ltd. or is part of the larger Megan Lynn Drive/John Murray Drive development. Privately owned residences are located to the north of the subject property and front onto Highway 2. Development Proposal The purpose of the rezoning and development agreement application is to permit RYC Property Ltd. to construct a 16 unit apartment building. Fourteen of the units are proposed to be one bedroom units and the two end units are proposed to be two bedrooms, each unit is proposed to have its own entrance to the outside and there would be no main corridor. The apartment building would look similar to a townhouse development, as can be seen by the drawings on the following page. Each unit will have its own patio. The apartment building would have frontage on both Megan Lynn Drive and John Murray Drive but would be accessed by the shared driveway that services the newly constructed apartments off of John Murray Drive that are also owned by RYC Property Ltd. and form a part of a much larger development. The applicant is also proposing to construct a storage building to be used by tenants. Currently, the applicant is permitted as-of-right to construct two eight unit apartment buildings, one building on each lot. However, the applicant wishes to change the design of the buildings already being constructed on the neighbouring properties. In order for this to occur the two lots have to be consolidated and a development agreement is required for any proposal over eight (8) units. The applicant is not proposing any additional units to the number that would be permitted as-of-right if he constructed two separate buildings. Page 2 of 18

Attached as Appendix A is a site plan of the proposed development, Appendix B has photos of the subject site and on the following page is an illustration of the front elevation of the 16 unit apartment building. Page 3 of 18

Policy Analysis The Planning and Development Department has completed their review of the application from RYC Property Ltd. based on the applicable policies contained in the Municipal Planning Strategy. The site is designated Residential Subdivision (RS) and split zoned Multiple Unit (R3) and Single and Two Unit Dwelling (R2). Policies P5-11, P5-11(a) and P13-4 permits Council to consider the rezoning of Single and Two Unit Dwelling (R2) zoned lands to Multiple Unit (R3). Policy P5-14 and P13-7 enables Council to consider multiple unit dwelling proposals in excess of eight units by development agreement, for lands within the Residential Subdivision (RS) designation that are zoned Multiple Unit (R3), subject to the criteria of the East Hants Official Community Plan. Policy 5-11(a) was passed by Council and added to the Residential Community Policies in December 2011. The new policy identifies criteria that Council must take into consideration when considering a rezoning to the Multiple Unit (R3) zone. Policy 5-11(a) states that: P5-11(a) When considering re-zoning (R2) to (R3), in addition to all other criteria in these policies, Council shall consider the following criteria: The proposed location for higher density development should satisfy all or most of the following criteria: a. Within the serviceable boundaries b. Near existing multiple-unit residential areas c. Near major residential or collector roads d. Near commercial, community or institutional uses The proposed development is located within the serviceable boundaries, there are already multiunit buildings located on the neighbouring properties, John Murray Drive accesses a major collector road, in addition John Murray Drive has been recently paved. Within an easy walking distance is the Enfield Village Core which contains various shops and services. Staff consider that the criteria of policy P5-11(a) have been satisfied by the proposed development. Page 4 of 18

To address potential compatibility issues with neighbouring residences and businesses, and to comply with criteria applied to consideration of this application, Staff have requested comments from internal departments and external agencies. A detailed table of the evaluative criteria from the enabling policies and corresponding comments from Staff and reviewing agencies have been attached as Appendix C. Transportation and Infrastructure Renewal have commented that they have no concerns regarding impact to the Provincial road network. The Municipal Department of Infrastructure and Operations (I&O) has not identified any issues with the proposal. Due to the proposed application being part of a much larger development the Departments of I&O and Recreation and Culture will work with the developer to build facilities that will respond to the overall design of the RYC Property Ltd. development. The storage location of refuse is shown on the site plan; however, the development agreement is written in such a manner that the applicant has to work with the Manager of Solid Waste to identify a location for the refuse storage that will allow the waste management company to service the entire development efficiently. Recreation and Culture also have a provision in the Development Agreement to work with the applicant to identify amenity space for the proposed apartment building that would work with Open Space that is being developed as part of the Open Space Agreement for the original subdivision process. The goal is that the amenity space will not only benefit residents in the proposed building but will also benefit residents in neighbouring buildings. The applicant will not receive a development permit for the proposed apartment building until an acceptable amenity space has been identified. The final area will have to be cleared, leveled, landscaped, to create an attractive and useable outdoor amenity space to meet the tenant demographics. Due to the application having two steps (rezoning and development agreement) Planning Staff are recommending that Council approve both the rezoning and development agreement amendment at the same public hearing but state that the development agreement approval is contingent on the rezoning portion of the application not being appealed to the Nova Scotia Utility and Review Board or any appeal being dismissed. Public Participation Planning Staff have complied with the Public Participation Policies of the Municipal Planning Strategy when processing this rezoning and substantial development agreement amendment request. An advertisement outlining the application and indicating that it had been received and was under review by staff has been placed in the September 9 th edition of the Weekly Press. As part of the review process, the preliminary report outlining the development proposal and a questionnaire was mailed out to all residents within 1000 feet of the subject property. Questionnaire responses have been provided to Council for their review. A notice advising the public of the October 28, 2015 hearing will be placed in the October 14 th and 21 st editions of the Weekly Press for two consecutive weeks prior to the hearing. As well, the date and time of the public hearing will be mailed out to all property owners within 1000 feet of the subject property. Conclusion Staff have completed their review of the proposal by RYC Property Ltd. to rezone a portion of lands identified as PID 45395613 and PID 45395621 from Single and Two Unit Dwelling (R2) to Multiple Unit (R3) and to give final consideration to entering into a development agreement with RYC Property Ltd. to permit construction of a 16 unit apartment building. The applicant s proposal has been evaluated using all applicable policies in the Municipal Planning Strategy. Based on this evaluation, Staff find the proposed development consistent with the spirit and intent of the Municipal Planning Strategy. Page 5 of 18

Recommendation That Planning Advisory Committee recommend that Council give second reading and approve an application by RYC Property Ltd. to rezone a portion of lands identified as PID 45395613 and PID 45395621 from Single and Two Unit Dwelling (R2) to Multiple Unit (R3) and to give final consideration and approve entering into a development agreement with RYC Property Ltd. to permit construction of a 16 unit apartment building, within one year of Council s approval, and contingent upon Council s approval of the rezoning not being appealed to the Nova Scotia Utility and Review Board or any appeal being dismissed. Page 6 of 18

Appendix A Site Plan Page 7 of 18

Appendix B Photos of Subject Property Page 8 of 18

Appendix D Policy Analysis Municipal Planning Strategy Policy Staff Comments Policy P5-31 Subject to the satisfaction of the criteria of Policy P13-1, Council shall consider rezonings for Single Unit Dwelling (R1), and Multiple Unit Dwelling (R3) proposals on Single and Two Unit Dwelling (R2) zoned lands, and single and Two Unit Dwelling (R2) proposals on Single Unit Dwelling (R1) zoned lands. This is the enabling policy which allows Council to consider the rezoning proposal. Policy P13-1 Council shall, in considering amendments to the Land Use By-law, in addition to all other criteria as set out in the policies of this Strategy, have regard for the following matters: a. the proposed development is in conformance with the intents of this Strategy and with the requirements of all other Municipal By-laws and regulations as applicable matters: The designation of the property will remain Residential Subdivision. The proposed Multiple Unit (R3) Zone is compatible with the Residential Subdivision Designation. b. the proposal is not premature or inappropriate by reason of: Page 9 of 18

i. the adequacy of municipally approved sewer and water services or if services are not provided, the adequacy of physical site conditions for private on-site septic and water system. Council shall consider comments from the Municipal Operational Services Department or the Provincial Department of the Environment as applicable; MEH Infrastructure and Operations (I&O) has provided comments to the applicant regarding the servicing of the development. I&O have noted that the property would be subject to available capacity at the time the Development Agreement is entered into. ii. the adequacy and proximity of school, recreation, and any other community facilities. Council shall consider comments from the Department of Leisure Services and the appropriate School Board as applicable; The Chignecto-Central Regional School Board has been notified about the proposal. No comments have been received. A walking trail and a small Municipal Park will be within easy walking distance from the proposed apartment building, and are a part of the design for the overall development. iii. the potential for significantly reducing the continuation of agricultural land uses; Not applicable. iv. the adequacy of existing or proposed road networks in, adjacent to, or leading to the development and ability of the proposed development to satisfy applicable stopping sight distances. Council shall consider comments from the appropriate Municipal Transportation Authority and/or the Provincial Department of Transportation and Public Works as applicable; The Department of Transportation and Infrastructure Renewal has reviewed the application and have no concerns regarding impact to the Provincial road network. v. the potential for the contamination of watercourses or the creation of erosion or sedimentation. Council shall consider comments from the Provincial Department of the Environment as applicable; and The Developer is not proposing to infill any environmentally sensitive lands and there are no watercourses adjacent to the subject property. vi. creating a leap frog, scattered, or ribbon development pattern as opposed to compact and orderly development. The development site is within the Regional Serviceable Boundary and served with Municipal sewer and water services therefore is not indicative of a leap frog or scattered development pattern. In addition, neighbouring properties are also zoned Multiple Unit (R3). c. the proposed development is shown on a professionally drawn site plan as being in compliance with the applicable sections of the Subdivision By-law and with the following matters in the applicable sections of the Land Use By-law: A professionally drawn site plan has been submitted. Page 10 of 18

i. type of use; The proposed use is multiple unit residential building. ii. yard setbacks; The application is a two-step application. The first step is to amend the Land Use By-law by rezoning a portion of the subject properties to Multiple Unit (R3). The second step is to enter into a development agreement to permit the 16 unit apartment building. The proposed yard setbacks meet the minimum requirements of the (R3) Zone. iii. iv. height, bulk, and lot coverage of any proposed structures external appearance of any structure where design standards are in effect; Unless defined by the proposed development agreement, all applicable requirements under the LUB must be met. Unless defined by the proposed development agreement, all applicable requirements under the LUB must be met. v. street layout and design; No new roads are proposed by this development. vi. access to and egress from the site, parking; Access to the proposed 16 unit apartment building is by a shared drive way extension of John Murray Drive. vii. open storage and outdoor display; No outdoor storage or display is proposed. However, storage sheds will be provided onsite for the use of tenants. viii. signage, and; All applicable requirements under the LUB must be met. ix. similar matters of planning concern. Unless defined by the development agreement all applicable requirements under the LUB must be met. d. the suitability of the proposed site in terms of the environmental features of the site, particularly susceptibility to flooding and other nuisance factors, and where applicable, comments from the Provincial Department of Environment concerning the suitability of the site for development. The site is suitable in terms of environmental features. This application is considered infill development, and no environmentally sensitive lands or watercourses should be disturbed with the development of the subject property. e. the provision of buffering, screening, and access control to minimize potential incompatibility with adjacent and nearby land uses and traffic arteries;; Unless defined by the proposed development agreement, all applicable requirements under the LUB must be met. f. the extent to which the proposed development, where applicable, provides for efficient pedestrian circulation and integrates pedestrian walkways and sidewalks within adjacent developments; There will be a walking trail that runs along the front of the subject property that is part of the open space requirement for the Meagan Lynn Drive Development. The walking trail is connected to Municipally owned open space that will be developed as part of the open space requirements for Megan Lynn Drive. Page 11 of 18

g. the proposed development is shown to manage stormwater on-site in a manner which does not negatively impact on other properties; and A lot grading plan is required in accordance with the Lot Grading and Drainage By-law. h. the proposed development incorporates design elements including, but not limited to roof type, exterior cladding materials, and overall architectural style that is reasonably consistent with the style and character of the community or compliments the character of the community. The design elements of the proposed apartment building will be in keeping with the design of the apartment buildings already developed as RYC Property Ltd. currently under construction on John Murray Drive and Megan Lynn Drive. Municipal Planning Strategy Policy Staff Comments Policy P5-32 Council shall consider the following development agreements within the Residential Subdivision (RS) Designation subject to the criteria of Policy P13-9: a. Open Space(OS) and Institutional Use (IU) proposals. b. Multi-unit (R3) proposals over 4 units on (R2) and (R3) zoned lands. LUB 6.4.3 a. Multiple-unit dwellings in excess of four (4) eight (8) units up to a maximum of thirty-two (32) units; b. Institutional Use (IU) proposals and Open Space (OS) proposals not listed as a permitted use in Section 6.4.1; The property s future land use designation is Residential Subdivision (RS) and the property is split zoned Multiple Unit (R3) and Single and Two Unit Dwelling (R2). The applicant has applied to rezone the (R2) portion of the subject property as part of this application. The Multiple Unit (R3) zone only permits up to eight (8) units as-of-right. Therefore, a development agreement is required to permit multiple-unit dwellings in excess of eight (8) units. Policy P13-9 Council shall consider the following evaluation criteria, terms, and conditions for development agreements for land uses referenced in P13-7: d. evaluation criteria consistent with the policies of this strategy: Page 12 of 18

i. the impact of the proposed development on existing uses in the area with particular regard to the use and size and of the proposed structure(s), buffering and landscaping, hours of operation for the proposed use, and other similar features of the proposed use and structure(s); As-of-right, the applicant is permitted to construct two eight (8) unit buildings on each of the subject properties for a total of 16 units. However, the applicant wishes to consolidate the properties to allow for one 16 unit apartment building to be constructed. There is no increase in the number of dwelling units that would be permitted as-of-right. In addition, properties to the north-east and south-west also contain multiple unit developments. Therefore, it is not expected that the proposed 16 unit apartment building will further impact the neighbouring properties. i. the impact of the proposed development on existing infrastructure with particular regard to Municipal piped sewer and water systems, fire protection, refuse collection, schools capacities, and recreation amenities. Council shall consider comments from the Municipal Department of Operational Services and other agencies applicable; The Municipal Department of Infrastructure and Operations has commented that the property would be subject to available capacity at the time the Development Agreement is entered into. Prior to a development permit being issued the applicant has to work with the Manager of Solid Waste to develop a waste management plan for the apartment building. This may be combined with other apartment buildings being constructed as-of-right by RYC Property Ltd. ii. the impact of the proposed development on pedestrian and motor traffic circulation with particular regard to ingress and egress from the site, traffic flows and parking, adequacy of existing and proposed road networks to service the proposed development, adequacy of pedestrian infrastructure including walkways and sidewalks were required. Council shall consider comments from the Nova Scotia Department of Transportation and Public Works, and/or the Municipal Department of Operational Services as applicable; Nova Scotia Transportation and Infrastructure Renewal (NSTIR) has reviewed the application and has no concerns regarding impact to the Provincial road network. Parking will meet the requirements of the Land Use By-law thereby providing 1.5 parking stalls for each dwelling unit. There are no sidewalks along John Murray Drive; however there is a walking trail that residents may use that connects to Municipally owned open space that will be developed into a park. In addition, John Murray Drive connects to Highway 2 which has sidewalks. iii. the suitability and availability of other appropriately zoned sites for the proposed use; The subject site is adequate for multiple unit dwelling use. Adjacent properties are zoned for and used for multiple until dwellings and the subject site is partially zoned to permit multiple until development. Page 13 of 18

iv. the submission of a professionally drawn site plan showing the location of all new and existing structures on the lot, parking areas, proposed and existing walkways, areas of tree retention, watercourses or environmentally sensitive areas, buffering, and landscaping and building plans, including signage plans, if applicable, showing the nature and design of the proposed structure; The applicant has submitted a professionally drawn site plan that exhibits all the required information. v. adequacy of the size of the lot to ensure required buffering and screening can be carried out; and The size of the subject property is adequate for the proposed use. vi. potential for significantly reducing the continuation of agricultural land uses. NA e. terms and conditions of the agreement to ensure consistency with Strategy Policies and the employment of sustainable development practices shall include the following where applicable: i. specific use and size of any new structures or any expansions of existing structures; The developer is proposing to construct a 16 unit apartment building. ii. the compatibility of the structure in terms of design elements including, but not limited to roof type, exterior cladding material, and overall architecture form and elements that are reasonably consistent with the style and character of the community, or compliments the character of the community; The proposed apartment building is proposed to match the design and colour of the other apartments being built as-of-right as part of the RYC Property Ltd. Development. This requirement will be reflected in the terms of the development agreement. iii. the provisions for adequate buffering and screening to minimize the impacts of the development on adjacent uses, such as buffering and screening to be designed with consideration given to the types of impacts that may be felt by adjacent properties (i.e., noise, headlights, dust, etc.); The LUB does not have buffering and screening requirements for (R3) Zone Uses. Page 14 of 18

iv. any matter that may be addressed in the Land Use By-law, such as yard requirements, outdoor storage, height, bulk and lot coverage, etc.; Details not addressed in the development agreement will be subject to the LUB requirements. v. time limits for the application for a development permit and the initiation and completion of construction; The applicant has one year to enter into the agreement, one year to apply for all building and development permits after entering in the agreement, and one year to complete construction and to meet the terms of the DA once the building permit has been issued. vi. vii. viii. ix. the establishment of hours of operation and maintenance of the proposed use; the provision of adequate parking and parking lot design to include the maximum ease and safety of traffic flow and dust control; provisions regarding signage that may be sensitive to the overall visual amenity of the immediate area and safety issues; methods of protection of the land and watercourses and mitigation practices during and after construction of the proposed development; NA The developer has provided for 1.5 parking stalls per each unit, as per the requirements of the LUB. The driveway and parking lot shall be paved. Signage provisions as per the Land Use By-law. No environmentally sensitive lands or watercourses are located adjacent to the subject site. x. methods of stormwater management onsite during and after construction and methods to control erosion and sedimentation; and A lot grading plan is required in accordance with the Lot Grading and Drainage By-law. xi. provisions regarding tree removal, devegetation, and tree planting on the site and overall adequacy of landscaping The subject property has been cleared, once complete the property will be landscaped. Policy P5-14 Council shall consider multiple unit dwelling proposals in excess of four (4) eight (8) units, up to a maximum of thirty two (32) units, by development agreement, for lands within the Residential Subdivision (RS) Designation that are zoned Single and Two Unit Dwelling (R2) or Multiple Unit Dwelling (R3). In considering such proposals, Council shall have particular regard for the following criteria: Page 15 of 18

a. the submission of a site plan prepared by a qualified professional such as an Engineer, Architect, Surveyor or Planner that shows all features of the development including the building layout and setbacks, parking areas, driveway locations, separation distances from other nearby structures, landscaping and any other element necessary to evaluate the proposal: A site plan has been submitted showing all elements necessary for evaluation. b. proposed landscaping and revegetation of the property, particularly with the area between the proposed structure(s) and parking area(s) and abutting residential development, with the intent of providing a level of visual amenity consistent with surrounding lands and providing screening where appropriate; Landscaping will take place in the areas identified on the site plan. c. in the serviced areas, the Municipality s Department of Operational services advises that sewer and water are adequate for the development; Engineering Services has indicated that sewer and water capacity for the development would be subject to availability at the time of entering into Development Agreement. d. the Provincial Department of Transportation and Public Works, and where applicable, the Municipal Department of Operational Services advises the road network is adequate to service the proposed development. In no case shall Council consider a development agreement pursuant to this policy unless the proposed development abuts and is accessed by a public arterial and/or collector road.; The Provincial Department of Transportation and Infrastructure Renewal have reviewed the proposed development and have raised no concerns regarding the impact to the Provincial road network. e. the Municipality s Department of Leisure Services advises that community and recreational facilities are adequate for the increase in population created by the development; There is an open space agreement in place for the development on Megan Lynn Drive that will provide for a walkway and a small Municipal Park for nearby residents to use once complete. f. the provision of active recreational equipment on-site to service the needs of the residents of the proposed development, and maintenance plans in relation to same; The Municipal Recreation and Culture Department have indicated that they will work with the developer to provide outdoor amenity space to the tenants that will benefit the entire development that RYC Property is developing on John Murray Drive. The applicant will not receive a development permit until an agreement on amenity space has been achieved. Page 16 of 18

g. the extent to which the proposed development is designed to link with existing walking trails and sidewalks to maximize the efficiency of pedestrian movement to and from the proposed development; There is a walkway that fronts the subject property that connects the development with Municipally owned lands that will be developed into a park. h. the local school board advises that the local school system can accommodate the anticipated increase in school age children; The Chignecto-Central Regional School Board has not provided comments at this time. i. the design of the proposed building is consistent with all applicable National, Provincial, and Municipal fire regulations; The proposed apartment building is subject to all applicable codes and regulations as per review by Municipal Building and Fire Inspector(s) at time of building permit application process. j. site and building design shall be given strong consideration taking into account how the architectural design, roofline, colour, exterior materials, height, signage, building size, location on the lot and parking and open-space layout and design can be incorporated to blend in with the surrounding community to the greatest extent possible. The location of parking areas in the rear yard away from public view is preferred where practical; and The design of the apartment building will be similar to those already constructed by the applicant on adjoining properties being developed by RYC Property Ltd. k. all other provisions of this strategy are satisfied, in particular, the applicable criteria of Policy P13-9. Comments noted above on Policy P13-9 as applicable. P12-26 Council shall require, through the development agreement process, that multi-unit residential structures over four (4) units provide for a minimum of 10% of the minimum required lot area for open-space and/or other recreational purposes. RYC Property Ltd. will provide at least 1000 square feet of amenity space for the development, as per the minimum 10% requirement. The location of the amenity space will be decided upon in conjunction with Recreation and Culture to try to create amenity space that will also benefit residents of the apartment buildings that have been constructed as-of-right. This requirement has been reflected in the terms of the development agreement. Page 17 of 18

Proposed Amendment Sheet The Municipality of East Hants Official Community Plan Land Use By-law Land Use By-law Map 1 Regional Serviceable Boundary Growth Management Area Land Use By-law Map 9 Official Community Plan Area LUB Map 1 Regional Serviceable Boundary Growth Management Area and LUB Map 9 Official Community Plan Area is amended by rezoning a the remaining portion of PID 45395613 and PID 45395621 Enfield, shown on the map below, from Single and Two Unit Dwelling (R2) to Multiple Unit (R3). Page 18 of 18