2024-00990 | Amending Development Agreement | Dartmouth

Updated: September 3, 2024

Request

Request for substantive amendments to the existing development agreement for Blocks C, D, F, and G off of Morado Lane within the Penhorn Special Planning Area to allow for increased building heights, and reduced side yard requirements and balcony encroachments from an abutting Park and Community Facility (PCF) Zone.

Proposal

Clayton Developments Limited wishes to substantively amend the existing development agreement for Blocks C, D, F, and G (PIDs 41538364, 41538372, and, 00222844) on Morado Lane within the Penhorn Special Planning Area.

The proposed amendments are as follows:

Increasing the maximum buildings storeys to be consistent with recent Housing Accelerator Fund Amendments which have redefined “mid-rise building” as up to 7 storeys;
Reducing the minimum setback from a side lot line abutting a PCF Zone from 6 metres to 3 metres; and,
Allowing for balconies to encroach into the minimum setbacks from a side lot line abutting a PCF Zone. .

The Development Plans (provided below) outline the development proposal in detail, and include information related to proposed building siting, heights, and balcony encroachments.

Process

In accordance with the Housing for the Halifax Regional Municipality Act and the Minister of Municipal Affairs and Housing for the Province of Nova Scotia, Penhorn has been designated as a Special Planning Area. In accordance with this new Provincial Act, planning decisions for the area inclusive of changes to policy, zones, or the application of Development Agreements to these lands will no longer be considered via the Public Hearing process and a Council decision. Instead, applications will be seen by the newly established Executive Panel on Housing in the Halifax Regional Municipality and decided upon by the Minister of Municipal Affairs and Housing. Once made, this decision will then be posted to this website.

Status

Currently this application is at the review team stage of the process where the request is reviewed by internal municipal staff. The next step will be public consultation, which will include notification signage posted on-site and a mailout notification to nearby residents.

Documents Submitted for Evaluation

The applicant has submitted plans and studies required by HRM staff to properly evaluate the application. The documents are also available for review at the Planning Applications office in Downtown Halifax.