planning & development department€¦ · comments were received from nova scotia environment....

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STAFF REPORT Planning & Development Department

Subject: Magnum Property Limited – Substantial Development Agreement Amendment To: CAO for Planning Advisory Committee, January 24, 2018 Date Prepared: January 9, 2018 Related Motions: PAC17(56) and C17(249) Prepared by: Debbie Uloth, Project Planner Approved by: John Woodford, Director of Planning & Development

Summary The Planning and Development Department has received an application from Magnum Property Limited to substantially amend their existing development agreement to permit a 480 square foot (44.6 m2) addition onto the south-west side of their existing commercial building. As proposed, the addition will be located in the Moderate Risk Floodplain Overlay (MF) Zone and Village Core (VC) Zone. In addition, the applicant is also proposing changes to the ingress/egress of the subject property. Initial consideration was given to the application at the November 29, 2017 meeting of Council. 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 final consideration and approve an application by Magnum Property Limited to substantially amend an existing development agreement to permit the addition of a 480 ft2 (44.6 m2) addition onto the south-west side of their existing commercial building and to change the ingress/egress to the subject property, for lands located at 601 Highway 2, Elmsdale, within one year of Council’s approval.

Recommended Motion That Planning Advisory Committee recommend that Council give final consideration and approve an application by Magnum Property Limited to:

• substantially amend an existing development agreement to permit the addition of a 480 ft2 (44.6 m2) addition onto the south-west side of their existing commercial building; and

• to change ingress/egress to the subject property, for lands located at 601 Highway 2, Elmsdale, • within one year of Council’s approval.

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Background The Planning and Development Department received an application from Magnum Property Limited in November 2017 to substantially amend an existing development agreement to allow for the construction of a 480 ft2 (44.6 m2) addition to their existing commercial building. In addition, the applicant is also proposing changes to the ingress/egress to the subject property. As per the 2016 East Hants Official Community Plan, the zoning for the property is Village Core (VC) Zone, Moderate Risk Floodplain Overlay (MF) Zone, and High Risk Floodplain (HF) Zone. Initially, the property had been developed and the existing development agreements would have been negotiated using the policies of the 2000 East Hants Official Community Plan. The substantial development agreement amendment will be reviewed using the 2016 planning policies. Therefore, Planning staff will be re-writing and replacing the existing agreement with a new agreement based on the 2016 East Hants Official Community Plan. Extensions to the commercial building occurred in 2012 when 4,160 square feet was added to the north-eastern end of the building and in 2016 when another 3,700 square feet was added to same end of the building when the neighbouring property was purchased. The proposed 480 square foot addition is proposed to be added to south-west end of the building to allow the end unit (Unit 7) to be enlarged.

Subject Property The subject property (PID 45225786) is located at 601 Highway 2, Elmsdale. An excerpt of the zoning map to the right shows the location of the property. The total size of the property is 1.3 acres and the property has approximately 478 feet (146 m) of frontage along Highway 2.

The property is designated Village Core (VC), Moderate Risk Floodplain Overlay (MF), and High Risk Floodplain (HF) and zoned Village Core (VC), Moderate Risk Floodplain Overlay (MF), and High Risk Floodplain (HF). Neighbouring properties are zoned Village Core (VC), Industrial Use (IU), Moderate Risk Floodplain Overlay (MF) and High Risk Floodplain (HF).

The property is extensively developed and has multiple commercial units including the Sweet Spot Chocolate Shop, Elmsdale Design and Print and Napa Auto Parts. Across Highway 2 from the subject property is Elmsdale Lumber, to the south of the subject property is the Canadian National Railway, to the south-west is a commercial strip development with multiple commercial units and across from the north-east end of the subject property is Elmwood Subdivision.

Development Proposal The purpose of the application is to permit the construction of a 480 square foot (44.6 m2) addition on to an existing commercial building and to change the ingress/egress to the subject site. The following site plan shows the location of the proposed addition and the location of the High Risk Floodplain (HF) Zone. As shown on the site plan, the addition abuts the HF Zone but is not proposed to be constructed in the zone. The purpose of the addition is to enlarge the end unit to allow for a take-out restaurant to rent the commercial unit.

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According to the LUB, additions to existing buildings under 100 m2 are not required to follow the form-based zone requirements for the Village Core (VC) Zone. However, as proposed by the applicant, the addition will match the style, cladding, and roof type of the existing building, and shall therefore blend into the existing structure. A wheelchair ramp is required to access the end unit due to the requirement for a higher floor level in the unit. A small part of the wheelchair ramp will be located in the High Risk Floodplain (HF) Zone; however, provision 10.2.1 of the LUB permits structures, accessory to the lawfully existing main use of the property, to be located in the HF Zone.

Ingress/egress to the site is proposed to change by closing the most northern ingress/egress and creating an opening across from Elmwood Drive that will only permit traffic to exit the subject property. There would be no ingress to the site from this driveway. Parking onsite is also proposed to change. The increased area of the proposed addition will require two additional parking stalls for a minimum of 40 required parking stalls. In addition, the developer has asked for a second ground sign that is proposed to be as per size requirements for the Village Core (VC) Zone. Below is a site plan of the subject property.

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Policy Analysis The application has been reviewed based on the applicable policies contained in the Municipal Planning Strategy. To address potential compatibility issues with neighbouring properties, and to comply with criteria applied to consideration of this application, Staff have received comments from internal departments. A detailed table of the evaluative criteria from the enabling policies and corresponding comments from Staff and reviewing agencies has been attached to this report.

The subject property is appropriately zoned. Policy UD15 of the Municipal Planning Strategy allows Council to consider applications for developments over 835 m2 gross floor area by development agreement. Due to the site being already extensively developed, staff will only be able to evaluate the addition based on the 2016 planning policies.

A new development agreement has been written to replace the existing agreement. This is due to the change in planning documents and the developer need to substantially amend the existing development agreement. Section 7.0 of the draft development agreement discharges the existing agreement and amending agreement. The existing development was previously evaluated under the 2000 planning policies. As stated, the application will be evaluated using the 2016 Planning Documents where the development agreement amendment is enabled by Policy UD15 of the MPS. In addition, staff will refer to the Policies IM27 to IM28 which are used to evaluate rezoning applications.

Comments have been received by the applicant from NSTIR supporting the proposed change to the ingress/egress to the subject property. Essentially, the Access Management Engineer has indicated that the limit of three access points to the site shall be maintained; however, the applicant is able to close the most northerly access which is currently open, combined with opening the currently chained off access across from Elmwood and using an exit-only would be acceptable to TIR. “Do not enter” signage would have to be posted to ensure the driveway operates as desired. Along with the posted signage would be the requirement for pavement markings and indicating one way travel in a northerly direction along the constricted frontage. Full comments have been posted to Council Chambers Online for the review of Councillors.

Regulations in for the Moderate Risk Floodplain Overlay (MF) Zone permit construction in the zone based on permitted uses in the underlying zone. However, the MF zone does have flood proofing requirements and the requirement for the applicant to have an Environmental Study completed by a professional engineer. This has been completed, and the engineer’s report has been attached as Appendix C. The engineer concludes that the 480 ft2 addition is a minor change and can be done in a manner to protect the new addition from flooding and have no negative impacts on the existing floodplain.

In accordance with the floodproofing requirements of the Land Use Bylaw the developer will have to construct the slab of the addition to a minimum height of 0.1 m above the established 1:100 year flood elevation indicated on mapping prepared by CBCL in 2013. The Engineer who prepared the Environmental Study recommends that the slab be constructed at 0.6 m above the 1:100 year elevation. As per the LUB requirements, the Developer will be required to follow the LUB floodproofing requirements, including slab construction. If the applicant wishes to follow the advice of his engineer he may do so, the 0.1m is a minimum. Both recommendations for slab elevations have come from Engineering firms, the 0.1 m from CBCL during the floodplain study and the 0.6 m from Design Point Engineering and Consulting, from the Environmental Study. There is no requirement in the LUB that directs the applicant to follow the recommendations for slab elevation in the required Environmental Study. The purpose of the Environmental Study is to show that there will be no increase in flood elevation affecting other lands or areas. Therefore, the intent of the LUB is met as long as the slab elevation is at minimum 0.01 m above the 1:100 year elevation.

Comments were received from Nova Scotia Environment. NSE did not identify any specific issues with further development of the site and simply provided staff with their standard form letter for general requirements related to land development.

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The Municipal Department of Infrastructure and Operations did not identify any issues with the proposed development and deferred to NSTIR for Transportation related issues.

Public Participation Planning staff have complied with Public Participation Policies of the Municipal Planning Strategy when processing this application. An advertisement outlining the application and indicating that it had been received and was under review by staff was placed in the November 22nd edition of the Weekly Press. A questionnaire and a summary of the application was mailed to property owners within 300 m of the subject property. Results of the questionnaires have been provided to Council for their review. A notice advising the public of the January 24, 2018 hearing will be placed in the January 10th and 17th editions of the Weekly Press for two consecutive weeks prior to the hearing. As well, the date and time of the public hearing has been mailed out to all property owners within 300 m of the subject property. In general most comments from property owners related to issues surrounding the ingress/egress to Elmwood Subdivision and ensuring that the change to the ingress/egress of the Magnum Property development would not negatively impact people exiting or entering the Elmwood subdivision. Matters dealing with the intersection at Elmwood Drive and Highway 2 are under provincial jurisdiction. Nova Scotia Transportation and Infrastructure Renewal has permitted the developer to change the arrangement of the ingress/egress for the subject property and will permit an exit only across from Elmwood Subdivision. Therefore, Planning staff will defer to the expertise of NSTIR as the change relates to access of a Provincially owned road.

Conclusion Staff have completed the review of the proposal by Magnum Property Limited to substantially amend their existing development agreement to permit a 480 square foot (44.6 m2) addition onto the south-west side of their existing commercial building and the proposal to change the ingress/egress to the subject property. Magnum Property Limited’s proposal has been evaluated using all applicable policies in the Municipal Planning Strategy. Staff find the proposed development consistent with the spirt and intent of the Municipal Planning Strategy.

Recommendation That Planning Advisory Committee recommend that Council give final consideration and approve an application by Magnum Property Limited to substantially amend an existing development agreement to permit the addition of a 480 ft2 (44.6 m2) addition onto the south-west side of their existing commercial building and to change the ingress/egress to the subject property, for lands located at 601 Highway 2, Elmsdale, within one year of Council’s approval.

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Appendix A – Site Plan, Aerial Photo, and Elevation Drawing

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Appendix B – NSTIR Comments

Sent from my iPhone

Begin forwarded message:

From : “Cross, Dwayne” <DwayneCross@novascotiaca>Date : November 2, 201 7 at I :43:59 PM ADTT o: ‘Keith Sullivan’ <keithsu IIivanO(iIou U .com>Subject: RE: KeithSullivan, Magnum PropertyLimited

Glad to contribute Keith.Dwayne

From: Keith Sullivan [mailto:keithsullivanO@)icloud.comlSent:Thursday, November02, 2017 12:14 PMTo : Cross, Dwayne <Dwayne .Cross@ novascotia.ca>Subject: Re: Keith Sullivan, Magnum Property Limited

Good afternoon DwayneI appreciate the turn around time on this issue , the proposal for changes would help our traffic flow andwith the signage for direction to avoid confusion I believe it’s very workable.I’m including this information with our package for Debbie atthe municipal planning deptfor ouramendmentto our development agreementThanks Keith

Sentfrommy iPad

On Nov 2, 2017, atll:58 AM, Cross, Dwayne <[email protected]> wrote:

Hi Keith,

Itwas nice meeting you and your wife lastweek Please find below and attached somecomments and suggestions for parking and site access improvements thatTlR is willing topermit. Note you are notobligated to implementthese, butcould be ofvalue forconsiderafion.

Attached is an aerial view ofthe site, including some markups indicating modifications forsite access and parking utilization. As you know, frontage along the site becomesincreasingly constrictive toward the north end. A limitofthree access points has beenhistorically imposed by TIR, and still needs to be maintained. However, closing thenortherly access which is currently open, combined with opening the currently chained offaccess across from Elmwood and using as an exit-only, would be acceptable to TIR. Thisexit-only requires posted “do notenter” signage to ensure itoperates as desired, alongwith signage for one way travel in a northerly direction along the constricted frontage.Parallel parking could then be considered. The newly closed access pointcan be blockedwith low height barriers similar to the others along your frontage, spaced close enough toensure vehicles cannotfit between them.

TIR also recommends encouraging the business owners who lease your business spaces to

parkatthe southern end ofthe building. This would maximize the number of parkingopportunities for patrons visiting the site, and for accommodating commercial drop-offs andpick-ups.

Finally, the barrier placements along Trunk 2 are adequately set back from the public road.Shifting closer to Trunk 2 would not be permitted.

Let me or Mark know ifyou have any queslions.

Dwayne

Dwayne Cross, P. Eng.Access Management EngineerNS DeptofTransportation and Infrastructure Renewal902-424-2940

<Napa Enfield.pdf>

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Appendix C – Environmental Study

PROFILE Glenn has been the lead senior engineer working on many projects delivering innovative solutions consistently making them a success. Glenn has gained experience working on many storm water modelling projects throughout Nova Scotia, New Brunswick, Newfoundland, and Alberta. EDUCATION Environmental Regulations for Managers, Daltech (2006) Designing Stormwater Quality Management Practices, University of Wisconsin-Madison (1994) Certificate, Cost Effective Storm Drainage System Design, University of Wisconsin-Madison (1992) Bachelor of Engineering, Civil, Technical University of Nova Scotia, Halifax, NS (1989) Diploma, Engineering, Saint Mary's University, Halifax, NS (1986) PROFESSIONAL AFFILIATIONS Member: Engineers Nova Scotia, Professional Engineers and Geoscientists of New Brunswick, and Professional Engineers and Geoscientists of Newfoundland and Labrador Former President and Director: Consulting Engineers of Nova Scotia Certificate in Honour of Distinguished Service to the industry as President, Consulting Engineers of Nova Scotia, (2009) CAREER Founder/Principal, DesignPoint (2014 - Present) Vice President, Nova Scotia, GENIVAR (now WSP), (2010 - 2014) Vice President, Nova Scotia, Terrain Group Inc. (GENIVAR acquisition), (2008 - 2010) Partner/Project Manager, Engineering, Terrain Group Inc. (1993 - 2008) Design Engineer, Engineering, Terrain Group Inc. (1991 - 1993) Engineer in Training, Engineering, Terrain Group Inc. (1989 - 1991) PROFESSIONAL EXPERIENCE New Germany I&I Mitigation, New Germany, NS (2017): Project Manager responsible for studying existing sanitary sewer system to identify and quantify sources of inflow and infiltration and prepare designs for remediation measures to reduce peak wet weather flows. Client: Municipality of the District of Lunenburg. Project Fee: $200,000 Lakeside Pumping Station Diversion and Trail Improvements, Halifax, NS (2013-2014): Project Manager (while at WSP Canada) responsible for the linear asset and trail upgrade design. Project included 3 km of force main and 5.4 km of large diameter wastewater pipe along former railway corridor from the existing Lakeside wastewater pumping station to Joseph Howe Drive. Project also included significant trail reinstatement and upgrades along the Chain of Lakes and Beechville Lakeside Timberlea trail networks. Client: Halifax Water. Project Fee: $1.9M

GLENN WOODFORD, P.Eng. PRINCIPAL - Senior Civil Engineer

EXPERTISE Water and Wastewater

Systems Stormwater Systems River Engineering Flood Studies Public Consultation Municipal Planning and Land

Development

PROFESSIONAL EXPERIENCE CONTINUED Carriagewood Estates Subdivision Development, Beaverbank, NS (2014-2015): Design Engineer responsible for wastewater review of existing infrastructure (gravity pipes, force mains, and pumping station) for a 250-unit development and for the detailed design of a 39-unit phase of the development. Client: Mo-Par Developments. Project Fee: $50,000 Elmwood Inflow and Infiltration Study (2014-2015): Glenn served as the Senior Advisor on the project being directly involved with the study including many site visits. The focus of the study was to find specific locations where leaks are evident and implement remediation immediately such that the system is made tighter thus reducing the I/I and associated problems, and creating capacity for additional development. Client: City of Moncton Halifax Water IRP (Integrated Resource Plan), Halifax, NS (2011-2013): Project Director (while at WSP Canada) responsible for coordinating the completion of the Integrated Resource Plan for Halifax Water. This plan included a review of all of the infrastructure in HRM and will be used by Halifax Water to define its overall program and resource needs for the next 30 years. Work included managing the design team and sub-consultant, and liaison with Halifax Water. Client: Halifax Water. Project Construction Value: $1M Fall River Water Main Extension & Water Infrastructure Study, Fall River, NS (2017): Project Manager responsible for overseeing the detailed design and tender document preparation for the project, as well as leading the public communication and construction administration components. DesignPoint was retained by Halifax Water to provide engineering services for a water-only service extension to properties in the Fall River area. The project includes approximately 6.5 km of new water main. The project consists of the installation of new water main, hydrants, and all appurtenances and associated connections to provide domestic and fire flows for residential, industrial, commercial, and institutional uses in the identified service area. In conjunction with, and in support of the water system extension, a key project deliverable is the completion of a Water Infrastructure Master Plan for the Fall River Water Service Area, the boundary of which is to be established by HRM. Client: Halifax Water. Project Fee: $300,000 Ellenvale Run Retaining Wall Assets Condition Assessment, Dartmouth, NS (2016): Glenn was the Senior Engineer and Project Manager for the project to complete an assessment of the deteriorating Ellenvale Run channel. Work included detailed hydraulic and hydrologic modelling, identification and assessment of alternative options for replacement of channel sections, cost estimates, and preparation of a report to be used as the basis for detailed design. Client: Halifax Water. Project Fee: $170,000 Connolly Street, Jubilee Court, and Baker Street Reconstruction, Halifax, NS and Sackville, NS (2016): Senior Engineer responsible for overseeing the detailed design and tender document preparation for these streets in HRM. The project included full street reconstruction, including asphalt, curb, sidewalk, and select storm water infrastructure upgrades. Client: Halifax Regional Municipality. Project Fee: $20,000 Crown Drive Water Main Renewal, Halifax, NS (2015-2016): Project Manager responsible for the design of three new sections of transmission mains on a site that was part of original water supply system for Halifax dating back to the 1800s. Glenn assisted with inspection and contract administration during construction of the project. Client: Halifax Water. Project Construction Value: $600,000 Chester Avenue Upgrades, Kentville, NS (2015-2016): Senior Design Engineer and Contract Administrator for street reconstruction in Kentville. The project included complete upgrades to the existing sanitary, water, and storm systems (including culverts) as well as full street reconstruction and intersection upgrades. The total road length is approximately 1.4 km. Significant retaining wall replacement was also required as part of the project. DesignPoint provided the topographic survey, sanitary, water and storm system design, retaining wall layout, construction administration and review, and coordination with geotechnical sub-consultant. Client: Town of Kentville. Project Construction Value: $3M

PROFESSIONAL EXPERIENCE CONTINUED Cow Bay Road Deep Storm Sewer, Eastern Passage, NS (2013-2014): Project Advisor (while at WSP Canada) for the detailed design of approximately 1000 m of large diameter deep storm sewer and associated road upgrades, including new pedestrian sidewalks. Client: Halifax Water. Project Construction Value: $5M Devon Storm Drainage Study, Devon, AB (2012-2013): Glenn (while at WSP Canada) was retained to complete a Storm Water Drainage study for the Town of Devon. The study included a background review of storm intensity histories, including the major rainfall event that occurred in July 2012. Information gathered was analyzed utilizing computer-based hydrologic and hydraulic modelling. The results were analyzed and used to identify and confirm problem areas. The model was then modified to reflect several remedial alternatives. The recommendations included suggestions for increased maintenance, updates to the current Town of Devon design standards, as well as diversion options for low areas that flooded in 2012. Client: Town of Devon. Project Fee: $35,000 Preparation of a Storm Drainage Criteria Manual, Moncton, NB and Saint John, NB (2002): Senior Engineer (while at Terrain Group) responsible for recommending methodologies and standard criteria for engineers to follow when designing storm drainage works in Moncton and Saint John. Deliverable was a full storm drainage criteria manual which is still in use today. Client: City of Moncton / City of Saint John Moncton North End Storm Drainage Study, Moncton, NB (1998): Project Engineer (while at Terrain Group) responsible to study the potential causes of flooding in various locations in Moncton’s North End and to design solutions to help to mitigate flooding. Work included detail modelling of the proposed drainage systems as well as detailed design and construction review services. Client: City of Moncton Review Hydraulic Capacity of Twin 3 m Diameter Structure at Kearney Lake Road, Halifax, NS (2009): Project Manager (while at WSP Canada) responsible for a study including hydrology and hydraulic modelling of large watershed with over 30 lakes and 2 dams. Models were calibrated using the existing permanent flow gauge data for historical extreme events. Client: Halifax Regional Municipality. Project Fee: $30,000 Marsh Creek Watershed Study, Saint John, NB (2006): Lead Engineer (while at Terrain Group) responsible for the installation of river gauges and rain gauges along Marsh Creek (having a watershed area of approximately 42 sq. kms), preparation of hydrology model using SCS TR20, and a hydraulic model using HEC-RAS to predict the water levels from various rainfall events. The models were calibrated using the information from the flow and rain gauges installed along the brook. The final deliverable to the City included a water surface profile and 1:100 year flood limit mapping. Client: City of Saint John HRM Municipal Services System (Red Book) Design Guidelines Manual - Member of Advisory Committee, Halifax, NS (2002): Met with advisory committee over a several year period to review and update municipal servicing specifications for HRM (while at Terrain Group). Client: Halifax Regional Municipality First Lake Drive Major Drain, Sackville, NS (2014): Glenn (while at WSP Canada) lead a team that was hired by Halifax Water (in association with HRM) to study the problem, prepare a report recommending options to solve the problem, and to prepare the detailed design of a new major drain for the low area prone to flooding. Client: Halifax Water. Project Fee: $30,000 Warren Brook Bridge, Cape Breton, NS (2015): Project Manager responsible for the hydrologic and hydraulic modelling of Warren Brook in order to determine the peak flows and water levels at the existing bridge. Work included regression analysis and allowances for climate change and a large upstream lake as well as HEC-RAS modelling. Client: Harbourside Engineering. Project Fee: $15,000

PROFESSIONAL EXPERIENCE CONTINUED Black Brook Bridge, Cape Breton, NS (2015): Project Manager responsible for the hydrologic and hydraulic modelling of Black Brook in order to determine the peak flows and water levels at the existing bridge. Work included regression analysis and allowances for climate change as well as HEC-RAS modelling. Client: Harbourside Engineering. Project Fee: $15,000 Teed Bridge, Wentworth Centre, NS (2015): Project Manager responsible for the hydrologic and hydraulic modelling of Wallace River in order to determine the peak flows and water levels at the existing bridge. Work included regression analysis, HEC-RAS modelling, and allowances for climate change. Client: Harbourside Engineering. Project Fee: $15,000 Margeson Bridge Preliminary Design, Middle Sackville, NS (2013): Acting in a Project Advisor and Quality Assurance role (while at WSP Canada), Glenn was involved with the hydrological and hydraulic modelling for the preliminary design of Margeson Bridge that is currently planned to cross the Sackville River just downstream from the outlet of McCabe Lake. SCS TR20 hydrological modelling was completed using computer software to estimate 100 year flows at the proposed bridge location. HEC-RAS was used to model the hydraulic conditions at the bridge as well as upstream and downstream conditions. Client: Halifax Regional Municipality. Project Fee: $50,000 Expert Witness Reports (various sites next to rivers experiencing flooding) (2014-Present): Senior Stormwater Engineer responsible for hydrological and hydraulic modelling of various rivers and comparisons of water surface profiles for various bridge construction scenarios. Work also included directing detailed topographical survey, retrieving historical flow gauging station data from the “Water Survey of Canada”, and researching elevated sea levels as a result of storm surge and sea level rise. West Bedford Servicing Master Plan, Bedford, NS (2008-2013): Project Manager (while at WSP Canada) responsible for existing infrastructure capacity review and preparation of an overall servicing master plan with pipe sizes for both the water distribution system and the wastewater collection system. Client: Clayton Developments. Project Fee: $100,000 Design of Numerous Stream Crossings: Work included hydrologic and hydraulic modelling to size the various structures (i.e. culverts, bridges), determining the approximate 1:100 year flood limit along the streams/brooks/rivers, and required permitting with the applicable regulatory agencies (i.e. Nova Scotia Environment, Department of Fisheries and Oceans, Navigable Waters, Transport Canada). Client: Various Private Land Developers North Dartmouth Trunk Sewer, Dartmouth, NS (2008): Project Manager (while at Terrain Group) responsible for design and installation of new 1200 mm diameter sanitary trunk sewer along the shores of Lake Banook. Project included a study of Lake Banook and preparation of a Lake Level Management plan. Client: Halifax Water. Project Fee: $500,000 Port Wallace Servicing Master Plan, Dartmouth, NS (2016): Project Manager responsible for the overall servicing master plan design for the Port Wallace subdivision in Dartmouth, NS. Work includes a review of the existing water and sanitary systems and the identification of upgrades required to accommodate the proposed 3500-unit, 450-acre development. Client: Clayton Developments. Project Fee: $30,000 Bedford South Water System Master Plan and Water Booster Station, Bedford, NS (2005): Project Manager (while at Terrain Group) responsible for overseeing the design of the Water System Master Plan for the Bedford South Development. Work included design of a booster station and coordination with approval agencies. Client: Clayton Developments Ltd. Project Fee: $50,000 Ragged Lake Industrial Park Concept Plan, Halifax, NS (2014-2015): As Project Manager and Lead Engineer, Glenn worked with the team to prepare a concept plan along with servicing schematics, and other related studies, to support the concept plan. This work was done for HRM to examine the feasibility of expanding the Ragged Lake Industrial Park. Client: Halifax Regional Municipality. Project Fee: $100,000

PROFESSIONAL EXPERIENCE CONTINUED P3 Design/Build Schools, Halifax Regional Municipality, NS (2002): Project Manager (while at Terrain Group) responsible for site servicing, grading design, water system modelling, sanitary sewer calculations, and stormwater modelling. Client: Various General Contractors. Project Fee: $200,000 Kingswood Elementary School, Hammonds Plains, NS (2004): Project Manager (while at Terrain Group) responsible for site servicing, including water system, on-site sanitary system, and storm water management as well as grading design for the new facility. Also responsible for approx. 400 m of new public road and water system extension. Client: WHW Architects. Project Fee: $50,000 Cole Harbour Storm Drainage Study, Cole Harbour, NS (1996): Project Engineer (while at Terrain Group) responsible to study hydrology and hydraulics of an urban area prone to flooding and to develop design solutions. Work included a hydrological and hydraulic model of a long, flat, open watercourse known as Bissett Run. Client: County of Halifax Sackville Greenway Project, Lower Sackville, NS (2013-2014): Senior Civil Advisor (while at WSP Canada) responsible for detailed design for approximately 2 km of new and upgraded active transportation greenway trail adjacent to the Little Sackville River. Consultation with the local stakeholders and HRM was also required as part of the project. Client: Sackville Rivers Association. Project Fee: $100,000 Berry Hills, Phase 6, Upper Sackville, NS (2017): Project Manager and Senior Engineer responsible for the detailed design and construction administration of a fully serviced 14 acre subdivision with approximately 70 single family homes. Work included road plan and profiles and full water, storm, and wastewater servicing, as well as inspection and survey services. Client: Armco Capital. Project Fee: $150,000 Lantz Transmission Main, Lantz, NS (2017): Project Engineer responsible for the design of 2.5 km of PVC water main and preparation of design drawings. Work included layout of water main, coordination with regulatory bodies, crossing of a large watercourse, and cost estimates. Client: Municipality of East Hants. Project Fee: $95,000 South Dartmouth School Retaining Wall Design, Dartmouth, NS (2015): Glenn was the Senior Engineer responsible for overseeing the detailed design of this retaining wall. Work included detailed design of a Stone Strong Precast Segmental Retaining Wall with a length of approximately 100 m and a height of approximately 4 m. Client: Shaw Precast. Project Fee: $5,000 Recreation Park Storm Sewer, Bible Hill, NS (2017): Project Manger responsible for overseeing the detailed design and tender document preparation for the project, as well as leading the construction administration components. DesignPoint was retained by the Town of Bible Hill to provide civil engineering services for the design, tender, and contract administration services for Phase II Guest Drive storm sewer upgrades. Phase I of the project, to increase the capacity and replace deteriorated pipe, was completed in 2012. Client: Town of Bible Hill. Project Fee: $50,000 West Bedford, Sandy Lake, Jack Lake Wastewater Infrastructure Plan, Bedford, NS (2017): Project Advisor for the review of the existing and proposed wastewater infrastructure required for the ongoing development of the Bedford West development as well as proposed developments at the Sandy Lake Lands and Jacks Lake Lands. The DesignPoint team worked with Halifax Water staff as well as the local stakeholders to identify any system constraints as well as estimated cost of the required capital works. Client: Halifax Water. Project Fee: $30,000

PROFESSIONAL EXPERIENCE CONTINUED Long Lake Village Phase 4 and 5, Halifax, NS, (2017): Project Advisor for the assessment of the downstream wastewater system. The assessment included field verification of critical pipe connections, calculating anticipated flows to each section of the downstream wastewater system, calculating the pipe capacity for each relevant pipe run, and modelling hydraulic gradelines for critical pipe runs. Glenn was also responsible for the storm water management system for the project. Client: Atlantic Developments Inc. Project Fee: $100,000 Bedford-Sackville Trunk Sewer, Bedford/Sackville, NS (2010): Project Manager (while at WSP Canada) responsible for field investigations of approximately 130 manholes and 10km of wastewater trunk sewer, SWMM hydraulic model preparation, report preparation, manhole data sheets, plan/profile drawings, and access route design and tendering. Client: Halifax Water. Project Fee: $200,000 Green Acres, Spryfield, NS (2015): Senior Engineer responsible to support the concept plan preparation and approval of a proposed 1000-unit development. Project also included water system and wastewater system master planning and modelling. Water modelling completed using Bentley’s WaterCAD. Detailed design, a large-scale traffic study, as well as liaison with the applicable approval agencies was included as part of the project. Client: Armco Capital Inc. Project Fee: $400,000 Sanitary and Stormwater Master Plan, Bridgewater, NS (2017): Senior Engineer responsible for the development of a sanitary and stormwater master plan for the Town of Bridgewater. The plan included the assessment of several large pumping stations as well as modelling of the existing pipe network based on current demands and for anticipated future demands. Client: Town of Bridgewater. Project Fee: $100,000

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Appendix A – Policy Analysis Policy Comments UD15 Council shall consider the following by development agreement in the Village Core (VC) Designation, subject to the criteria of the implementing policies and the Village Core Form-Based Zone Requirements:

a) VC uses beyond 835 m2 of gross floor area; …

This is the policy that permits Council to consider development agreements for uses over 835 m2 on land designated and zoned Village Core (VC).

IM26. Council shall consider the evaluation criteria, terms, and conditions for development agreements enabled by this Strategy, and specifically in this subsection.

IM27. Council shall consider the following evaluation criteria for any development agreement application:

a) The impact of the proposed development on existing uses in the area with particular regard to the use and size and of proposed structure(s), buffering and landscaping, hours of operation for the proposed use, and other similar features of the proposed use and structures.

There is an existing commercial development that is currently permitted by development agreement in the Village Core (VC) Zone on the subject property. The addition of 480 ft2 (44.6 m2) is not a large addition and is expected to have a minimum impact on the property other than for issues related to the floodplain. Issues related to floodplain have been addressed by the Environmental Study that was completed for the property.

b) The impact of the proposed development on existing infrastructure with particular regard to Municipal piped water and wastewater systems, fire protection, refuse collection, school capacities, and recreation amenities. Council shall consider comments from the Municipal Engineer and other agencies as applicable.

The addition of 480 ft2 (44.6 m2) is not expected to impact Municipal services. A take-out restaurant is expected to occupy the end unit where the addition is taking place. The occupier of the unit will have to pay infrastructure fees in accordance with the Municipal Infrastructure Fees Bylaw.

c) 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 where required. Council shall consider comments from Municipal Engineer(s) and/or the Provincial Transportation Departments as applicable.

Comments have been received by the applicant from NSTIR supporting the proposed change to the ingress/egress to the subject property. Essentially, the Access Management Engineer has indicated that the limit of three access points to the site shall be maintained; however, the applicant is able to close the most northerly access which is currently open, combined with opening the currently chained off access across from Elmwood and using it as an exit-only would be acceptable to TIR. “Do not enter” signage would have to be posted to ensure the driveway operates as desired. Along with the posted signage would be the requirement for pavement markings and indicating one way travel in a northerly direction along the constricted frontage.

d) Council shall consider, where appropriate, the impact of the development on the comfort and design of proposed streets and existing street users. This shall include whether the proposed development is human-scaled, is easily accessible to active transportation

The application will not impact the design of the current road network and active transportation network requirements are not applicable to this application. NSTIR has given the applicant permission to change the access points to the proposed development.

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users, and if it promotes visual variety and interest for active transportation users. e) The suitability and availability of other appropriately zoned sites for the proposed use.

The subject property is appropriately zoned for the proposed use.

f) 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.

A site plan has been submitted showing the location of the proposed addition, parking areas, and ingress/egress to the subject property.

g) Adequacy of the size of the lot to ensure required buffering and screening can be carried out.

The size of the subject property is 1.3 acres (5,261 m2). The minimum lot size in the Village Core (VC) Zone is 700 m2; therefore, the lot exceeds the minimum lot size requirements. However, the lot is extensively developed and if the proposed addition is permitted the property may be maxed out on its development potential. The existing High Risk Floodplain (HF) Zone also limits development on the subject property.

h) Potential for significantly reducing the continuation of agricultural land uses.

There are no agricultural uses in the area.

i) The proposed density and urban form, including height, massing, bulk, stepbacks and setbacks, are compatible with (not necessarily the same as) existing development forms.

The 480 ft2 (44.6 m2) addition will match the exterior of the existing building in its architectural style. The addition is not expected to greatly impact the massing and bulk of the existing building.

IM28. Terms and conditions of the agreement to ensure consistency with Strategy policies and the employment of sustainable development practices shall include, but are not limited to the following where applicable:

a) The use and size of any new structures or any expansions of existing structures.

The proposed addition to the existing structure is proposed to be 480 ft2 (44.6 m2). The addition is proposed to be added to the end unit which may be used as a take-out restaurant.

b) The compatibility of the structure in terms of design elements including, but not limited to roof type, exterior cladding material, and overall architectural form and elements that are reasonably consistent with the style and character of the community.

The addition to the existing structure is proposed to be consistent with the design of the existing structure. The exterior cladding material, roof type, and overall architectural form and elements will match the existing structure. Form-based zone requirements are not required to be followed for additions under 100 m2.

c) Provisions for adequate buffering and screening to minimize the impacts of the development on adjacent uses, such buffering and screening to be designed with consideration given to the types of impacts

The site is already extensively developed with very little vegetation remaining. Form-based zone requirements are not required to be followed for additions under 100 m2. Therefore, there is no requirement to add more vegetation to the site. Any vegetation already located in the High Risk Floodplain (HF) Zone will not be removed.

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that may be felt by adjacent properties (ie. noise, headlights, dust, etc.).

d) Any matter that may be addressed in the Land Use Bylaw, such as yard requirements, outdoor storage, height, bulk and lot coverage, etc.

All items not identified in the development agreement shall be applicable to the LUB.

e) Time limits for the application for a development permit and the initiation and completion of construction.

One year to enter into the agreement, one year to apply for a building permit for the addition. After the building permit has been issued the applicant has six months to make the property consistent with the terms of the development agreement.

f) The establishment of hours of operation and maintenance of the proposed use.

No hours of operation have been established.

g) The provision of adequate parking and parking lot design to include maximum ease and safety of traffic flow and dust control.

As shown on the site plan, parking on the subject property is mainly limited to the south-west end of the property due to the layout of the property. In the past the parking layout of led to vehicles being parked where they are not permitted. However, the applicant meets the minimum number of parking stalls (40) required for the subject property. Therefore, it is up to the property owner to ensure the property is used in accordance with the elements identified on the site plan.

h) Provisions regarding signage that may be sensitive to the overall visual amenity of the immediate area and safety issues.

Signage has been permitted as per the existing development agreement which permits the existing 20 foot (6 m) ground sign to be enlarged to a maximum height of 25 feet (7.6 m) and the maximum sign area shall be 180 square feet (16.7 m2). The developer has also request a second ground sign that conforms to the requirements for ground signs in the Village Core (VC) Zone. In addition, each business premises is permitted to have one facial wall sign that complies with the LUB size and area requirements.

i) Methods of protection of the land and watercourses and mitigation practices during and after construction of the proposed development.

As per NSE regulations.

j) Methods of stormwater management on-site during and after construction and methods used to control erosion and sedimentation.

A Lot Grading Permit is required as per the Municipal Bylaw Respecting Lot Grading and Drainage. In addition NSE regulations shall be followed.

k) Provisions regarding tree removal, devegetation, and tree planting on the site and overall adequacy of landscaping.

There is limited treed vegetation on the subject site. The subject property is extensively developed.