Common use of Discretionary Approvals Clause in Contracts

Discretionary Approvals. Policy IM-7 In considering proposals to amend the Land Use By-law, amend the zoning boundaries, or enter into development agreements, Council shall consider that: a) the proposal is consistent with the Vision, Core Concepts, Urban Design Goals, and all applicable objectives and policies set out in the Regional Plan and this Plan; The proposal meets the objectives of the Dartmouth Cove Future Growth Node policies and is consistent with the intent of both the Regional Plan and this SMPS. b) the proposal is appropriate and not premature by reason of: i) On August 23, 2022 Regional Council approved By-Law D-600, which is a Development Charge By-law to fund the i) the financial capacity of the Municipality to absorb any costs relating to the development, ii) the adequacy of municipal wastewater facilities, stormwater systems or water distribution systems, iii) the proximity of the proposed development to schools, parks, and community facilities, and the capability of these services to absorb any additional demands, iv) the adequacy of transportation infrastructure for pedestrians, cyclists, public transit and vehicles for travel to and within the development, and v) the impact on registered heritage buildings, heritage streetscapes, and heritage conservation districts; Patuo’qn Street (formally Dundas Street) Extension. The subject property is required to contribute to the cost sharing, as per the formula in the By-law. ii) No concerns were identified regarding the capacity of sewer or water. A detailed review will be completed at the permitting stage and any required upgrades will be the responsibility of the property owner/developer. iii) The site is within the Dartmouth High Family of Schools which, according to the HRCE 2022 Outlook, have capacity. The site is centrally located within greater Downtown Dartmouth with access to recreation facilities, parks, and community facilities. iv) the site is well serviced and in proximity to active transportation, transit, and collector roads/infrastructure. v) There are no heritage resources in proximity to this development. c) the subject lands are suitable for development in terms of the steepness of grades, soil and geological conditions, locations of watercourses, wetlands, and susceptibility to flooding; No concerns identified. The property will be subject to the coastal elevation, sea level rise, and storm surge provisions of the RCLUB. d) that development regulations in the proposed rezoning or development agreement will adequately mitigate potential conflict between the proposed development and nearby land uses, by reason of: i) type of use(s), ii) built form of the proposed building(s), iii) impacts on adjacent uses, including compatibility with adjacent residential neighbourhoods, parks, community facilities, and railway operations, iv) traffic generation, safe access to and egress from the site, and parking, v) open storage and signage, and vi) impacts of lighting, noise, fumes and other emissions. i) Use is regulated by the development agreement, which requires the property adhere to the requirements of the Centre-2 Zone of the RCLUB. ii) the development agreement requires the built form to adhere to the requirements of the Centre-2 Zone, with the exception of the variations already outlined. iii) the proposal meets the intent and objectives of the Dartmouth Cover Future Growth Node and the redevelopment policies. iv) no concerns identified. Parking will be required to meet the regulations of the LUB. v) regulated and controlled under the provisions of the LUB vi) regulated and controlled under the LUB and standard HRM by-laws including for noise. Policy G-14A In considering development agreements or amendments to development agreements, or any proposed amendments to the Regional Plan, secondary planning strategies, or land use by- laws, in addition to the policies of this Plan, HRM shall consider the objectives, policies and actions of the priorities plans approved by Regional Council since 2014, including: (a) The Integrated Mobility Plan; (b) Halifax Green Network Plan; (c) HalifACT; (d)