Designation and Zoning Clause Samples
Designation and Zoning. The subject properties are located within Area 6 of the South End SMPS, which was adopted in 1983, and are: • designated Medium Density Residential (MDR) as shown on Map 1. The designation is intended to support a mixed residential environment with both family-oriented units and smaller housing units in buildings not exceeding four storeys. Family units are defined as those with more than 800 square feet of floor area, and 50% of units in any building must be of this form. There are no density limits established within this designation; • zoned R-2A (General Residential Conversion Zone) under the LUB as shown on Map 2. This zone seeks to implement the MPS intent by establishing limits on lot coverage, setbacks, building height, unit mix and size, and a cap of 14 units per building. There are no density limits established within this zone; and • within the 35 foot height precinct as shown on Map 3. This height limit is established within the MPS for much of the nearby district. Regional Council’s initiation of the MPS amendment process for this application was satisfied through the previously proposed Case 18565 which proposed 12 and 10 storey towers atop of a shared podium. Staff recommended refusal of this application at the initiation stage. Council instead decided to approve initiation, requesting that feedback of the community and planning advisory committee be gathered to fully assess the appropriateness of the development. Through discussions with the applicant, feedback received from the community, and site analysis, staff previously recommended new planning policy which would allow development of a building with a maximum height of 23.0 metres (75.46 feet) and a maximum of 95,000 square feet of gross floor area. Council indicated that these limitations would satisfy neither the community nor the applicant and as such passed a motion cancelling the public hearing. In light of the previous case never reaching a public hearing, a new case number was assigned to this new application which proposes the development of 8 and 10 storey residential towers atop a shared main floor. Amendments to an MPS are generally not considered unless it can be shown that circumstances have changed since the document was adopted to the extent that the original land use policy is no longer appropriate. Site specific MPS amendment requests, in particular, require significant justification to be considered. To support the request to amend the MPS in this case, the applicant ...
Designation and Zoning. The subject area is: • designated Mixed Use B within the Municipal Planning Strategy (MPS) for Planning Districts 1 & 3 (Map 1); • zoned MRR-1 (Mixed Rural Residential) in the Land Use By-law (LUB) for Planning Districts 1 and 3 (Map 2); and • further designated Rural Commuter in the Regional Municipal Planning Strategy (Regional Plan).
Designation and Zoning. The subject property; • lies within Area 5 of the Peninsula North Secondary Planning Strategy (Section XI of the Halifax Municipal Planning Strategy [MPS]), is designated for Major Commercial development (Map 1), and falls within the Regional Centre designation of the Regional MPS; and • is zoned C-2 (General Business) by the Halifax Peninsula Land Use By-law (Map 2). The subject application is made pursuant to Policy 2.3.1 of Section XI of the MPS which allows Council to identify areas designated Major Commercial for comprehensive site planning through the development agreement process. This process is achieved through the application of Schedule “Q” of the Halifax Peninsula Land Use By-law. Schedule “Q” was established to address the challenge of introducing new residential uses into existing commercial and industrial areas by negotiating, on a site by site basis, the conditions of a development agreement including; • the creation of an adequate environment for residential living on sites which may be surrounded by commercial and industrial uses; and • providing for the continued operation of adjacent commercial and industrial uses without being encumbered by new residential uses. The majority of Schedule "Q" is currently applied to lands on the west side of ▇▇▇▇▇ Street between Young Street and North Street, and has also been applied more recently to select sites in general proximity to the subject property (Map 3). The C-2 Zone permits commercial buildings with no restrictions on front, side or rear yards but limits the height to 24.4 metres (80 feet), with an allowance for additional height if the building is set back from the property line. Residential uses are also permitted within the C-2 Zone subject to the requirements of the R-3 (Multiple Dwelling) Zone. The application of Schedule “Q” to a property supersedes the requirements of the C-2 Zone by requiring projects of greater than four dwelling units to be considered by development agreement. This provides flexibility by enabling the modification of the standard land use by-law requirements for development on a site-by-site basis through the development agreement process.
Designation and Zoning. The subject property: • is located on ▇▇▇▇▇▇ Terrace in the North End area of Halifax; • has a lot area of 6,402 square feet (twice the size of most lots in the area) and 66 feet of frontage on ▇▇▇▇▇▇ Terrace; • has three parking spaces in rear yard, accessed via a private easement over the driveway at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; • is surrounded by two unit dwellings, with some three and four unit dwellings in the neighbourhood; • is designated Medium Density Residential under Area 5 of the Peninsula North Secondary Plan of the Halifax Municipal Planning Strategy; and • is zoned R-2 (General Residential) Zone under the Halifax Peninsula Land Use By-Law. Although the R-2 Zone does not permit commercial uses, the subject property was developed with a grocery store as far back as 1959, prior to the application of the R-2 Zone on the property. As a result, the non-conforming use of the existing building is 4 apartment units and 1 commercial use. As a non- conforming use, a commercial business is permitted to continue, provided that the use is not discontinued for a period of longer than six continuous months. At the time this application was made, the property’s non-conforming status would allow a commercial use to be reinstated. Generally, a non-conforming use may not be changed to another use that is not permitted within the zone in which the property is located. However, Implementation Policy 3.14 of the MPS for Halifax allows Council to permit, by development agreement, a use that is not permitted in the existing zone, as long as the use can be considered less intensive than the non-conforming use (see Attachment B).
Designation and Zoning. The subject property is: • designated RB (Residential B) by the Municipal Planning Strategy for Planning District 4 (MPS) (Map 1); and • zoned CR-1 (Commercial Recreation 1) by the Land Use By-law for Planning District 4 (LUB) (Map 2). Policy RB-10 of the MPS enables Council to consider general business zone uses (C-2 Zone uses) and service stations through the development agreement process. In addition to Policy RB- 10, the application is subject to the general policy evaluation criteria as contained in Policy IM- 11, which applies to all discretionary planning approvals under the MPS. Attachment B of this report contains the policies by which Council may consider this proposal.
Designation and Zoning. The subject property: • has a lot area of 0.91 hectares (2.25 acres), with approximately 57 metres (188 feet) of frontage on ▇▇▇▇▇▇’▇ Road; • is surrounded by vacant lots to the west and north, and a single detached dwelling to the south which is buffered by a significant amount of forest cover; • is designated Residential under the Municipal Planning Strategy for Planning Districts 1&3 (MPS)(Map 1); and • is zoned R-2 (Two Unit Dwelling) Zone under the Land Use By-law for Planning Districts 1&3 (LUB)(Map 2).
Designation and Zoning. The subject property; • is designated Medium Density Highway Commercial in the Bedford Highway Secondary Plan of the Halifax Municipal Planning Strategy (Map 1); • is zoned C-2B (Highway Commercial Zone) in the Halifax Mainland Land Use By-law (Map 2); and • is located within Schedule R (Map 3).
Designation and Zoning. The subject property is: • designated Mixed Use A (MU-A) by the Municipal Planning Strategy for Planning Districts 1 and 3 (MPS) (Map 1); and • zoned Mixed Use 1 (MU-1) by the Land Use By-law for Planning Districts 1 and 3 (LUB) (Map 2). The MPS allows Community Council to consider multi-unit dwellings, including townhouse style dwellings, in the MU-A designation subject to the development agreement process. When considering a development agreement, policy requires consideration be given to the compatibility of architectural design and scale with nearby land uses. As a result, the Agreement includes specific provisions related to architectural design as noted above. Case 18944: DA Amendments - 3 - April 28, 2014 26 French Village Station Rd.