PLANAPP 2023-00338 (Former Case 24640) - Amalfi Way and Timberlea Village Parkway, Timberlea

Request

ZZAP Consulting Inc., on behalf of the property owner, is requesting to amend an existing development agreement to allow for the construction of a nine-storey residential building containing up to 76 units on the lands located between Amalfi Way and Merlot Court, east of Timberlea Village Parkway, Timberlea (PID 41327222).

Proposal

The applicant is requesting a non-substantive amendment to the existing development agreement (DA) for the Links at Brunello to permit the construction of a nine-storey residential building with 76 dwelling units. The existing development agreement permits a mixed-use development consisting of a golf course, mixed residential uses, park and open space uses, and commercial areas. There have been several amendments to the existing agreement since its approval in 2001. Section 2.4.4 and 3.1(c) of the existing development agreement permits new multi-unit dwellings through a non-substantive amendment to the development agreement. 

The major aspects of the proposal are as follows:

• Nine-storey building with parking podium
• 76 dwelling units
• Accessed via Amalfi Way
• Surface parking for 17 vehicles and internal parking for 80 vehicles
• Landscaped yards with screening fence and vegetative buffer 

The applicant has submitted updated Development Plans (provided below). The updated plans include:

• Changes to the parking podium and addition of soft landscaping;
• Reconfiguration of turning circle and pedestrian walkways;
• Changes to surface parking areas to increase the amount of soft landscaping; and 
• Addition of vegetative buffer and retaining walls.
   

Frequently Asked Questions

These FAQs (Frequently Asked Questions) have been compiled by HRM staff to answer many of the common questions residents have about the proposal and non-substantive amending agreement process.

1.    What is a development agreement?

A development agreement is a contract between the landowner and the municipality which says how a piece of land can be used and may include details around land use, building design, the layout of streets and roads, and the density of various land uses. This contract is registered on title and, if the land is sold, all future owners will be responsible for the content of the agreement. Development agreements can be approved by Community Council as long as the proposal meets the rules held within local planning policy documents.

2.    Why can the developer ask to change an approved development agreement?

Changes (or amendments as they are often called) to existing development agreements are fairly common and are often permitted within the development agreement itself. Two categories of changes to an agreement are possible: “Non-Substantive” changes are specifically called out in the original agreement and need to meet the intent of both the policies of the Municipal Planning Strategy as well as the content of the agreement itself. Non-substantive amendments are changes that were contemplated at the time the agreement was originally approved.

This proposed amendment is a Non-Substantive Amendment. 

A Non-Substantive Amendment is a change to the agreement that does not require a formal Public Hearing. The Development Officer may approve non-substantive amendments to a development agreement. This is the case for most requests for non-substantive amendments. 

A ‘Substantive Amendment” are changes not contemplated by the original agreement, and therefore seen as more significant. These changes still need to meet the intent of the Municipal Planning Strategies and require a Public Hearing to be held before Council makes their decision on the changes.

3.    How can a multiple unit dwelling be permitted here?

The existing development agreement allows multiple unit dwellings in four different areas of this community, as identified on a map previously approved by Council. The site where this building is proposed is within one of the areas that allows multiple unit dwellings. While the use is already allowed, this non-substantive amendment process will specify the look, location, height, density, and other details of the building.

4.    What’s the role of the planner in the planning application process?

The central role of HRM’s planning staff in the planning application process is to compare an application against any Council approved policy and regulation that may apply and make a recommendation to the Development Officer (for non-substantive amendments) or Council for their final decision. As part of this process, HRM staff circulate applications to subject matter experts both within its organization (ie: Development Engineering, Traffic Services, etc.) as well as external to its organization (ie: Nova Scotia Power, Halifax Regional Centre for Education, etc.). Planning staff are available to answer questions and address concerns about the technical details of a project, as well as the planning process itself.

5.    The view I have from my home will be blocked by this new development. Is that allowed? What about shadows?

As a general rule, planning policies do not protect or guarantee private views nor the shadowing of private spaces like backyards, balconies, or solar panels. Some policies do however exist around the protection of public views from key locations such as the Halifax Citadel and the Dartmouth Common. Similarly, there are some policies within newer planning documents that limit the amount of shadow a new building can cast on key public parks such as the Halifax Common.

6.    Will a vegetative buffer (trees, shrubs, or other landscaping) or privacy screening (fence) be provided?

The existing development agreement requires that the parking area be screened by fencing, landscaping, or a combination of both, from the ground floor view of any abutting single unit dwellings. The existing development agreement requires that all areas of the lot not required for parking and access be landscaped, retained in natural vegetation, or a combination of the two. The proposal includes landscaping throughout the site and fencing along all lot boundaries abutting single unit dwellings.

7.    Can the existing water, wastewater and stormwater service systems capacity handle these additional units?

The existing development agreement establishes an overall maximum density for the development agreement area. The proposed amendment will not change nor increase the overall permitted residential density maximums set out in the existing agreement. Water, wastewater & stormwater design specifications and servicing capacity will be confirmed at the permitting stage when detailed drawings and servicing plans are submitted for review.

8.    Will a crosswalk be provided on Timberlea Village Parkway?

This application does not propose new crosswalks or other infrastructure located off the subject site. This would not prevent a reassessment of pedestrian connections and crossings in the area once development is completed.

9.    What is a traffic impact statement, who prepares them, and how does HRM review them?

A traffic impact statement, or TIS, is written at the expense of the applicant by professional engineers. These statements are submitted at the start of the planning application process and give HRM engineers a sense of how a project might impact the surrounding streets both from a safety and capacity perspective. Once submitted, statements are reviewed by HRM engineers to ensure they meet HRM policies, and that the findings in the report are supported by the evidence provided. Any needed changes to the TIS are outlined for the applicant, and this work continues until both sides are in agreement. In this case, no upgrades or changes to the surrounding streets were identified as being required at this time.

10.    How are construction activities monitored and regulated in the Municipality?

Construction activities in the Municipality are administered through several bylaws, which regulate various aspects of the construction process:
(i)    Blasting By-law B-600: Outlines minimum standards permitted when blasting within the Municipality. All blasting activities require a Blasting Permit from HRM.
(ii)    Grade Alteration and Stormwater Management Associated With Land Development By-law G-200: Applies to the grade alteration and Stormwater Management of the land.  
(iii)    Construction Management Administrative Order 2018-05-ADM: Outlines best management practices for development of sites in proximity to public streets.
(iv)    Noise By-Law N-200:  States that construction noise activity is permitted between the hours of 7:00am – 8:00 pm on weekdays, 8:00am-7:00pm on Saturdays, and 9:00 am-7:00 pm on Sundays, Statutory Holidays, Civic Holidays and Remembrance Day. 
(v)    Truck Routes By-Law T-400:  Controls the routes trucks must use and how trucks access a given site.  This by-law applies to trucks used for hauling construction material and commercially uses as well (i.e. moving vans, deliveries, etc.).

Process

The application will be considered under the non-substantive amending development agreement process.

Status

The decision of the Development Officer has been appealed to the Nova Scotia Utility and Review Board (NSUARB). More information on appeal process and how to participate can be found at the NSUARB webpage.  The reference number is M11340

Documents Submitted for Evaluation

The applicant has submitted updated plans and studies.  

Revised plans:
Elevations
Site Plan
Traffic Impact Statement

Original Submission: 

Building Drawings and Renderings (site plan, floor plans, elevations) 
Preliminary Landscape Plan
Traffic Impact Statement 
Application Letter