MINORREV 2024-01201 - Regional Centre Annual Housekeeping Amendments 2024

Request

Amendments to the Regional Centre Land Use By-law to address housekeeping changes.

Proposal

Staff wish to make several amendments to the Regional Centre Land Use By-law (LUB) to better reflect the intention of the Urgent Changes to Planning Documents for Housing, along with other housekeeping changes. The major aspects of the proposal are as follows:

Reducing the minimum parking requirement of a self-storage facility use from 1 space for every 35 square metres of floor area to 4 spaces per lot to more accurately reflect the minimum amount of parking required for this use. 

This number aligns with the minimum parking requirement for industrial uses (4 spaces per lot), which was the intended requirement for self storage facilities when this use changed from being classified as ‘industrial’ to ‘commercial’ in the Regional Centre LUB. 

Creating a ‘duplex apartment use’ and permitting it in the ER-3 and other higher density zones. 

With the Regional Centre LUB no longer regulating secondary suites as of June 2024, semi-detached and duplex style dwellings with more than one unit in each dwelling can fall under the “townhouse” or “multi-unit” dwelling definitions. This was not intentional as these higher density dwelling types are subject to additional requirements that can affect the affordability of a development.

Update the definition of small shared housing use to permit up to 20 bedrooms per lot in the ER-3 zone. 

The Housing Accelerator Fund amendments increased the maximum number of bedrooms in a dwelling with a small shared housing use in the ER-3 zone from 10 to 20 (Section 57(2)). However, the ER-3 zone only permits ‘small’ shared housing uses, which are limited to a maximum of 10 bedrooms by definition; this amendment would permit more than one small shared housing use on a lot to permit the intended maximum of 20 bedrooms per lot, depending on lot size, in the ER-3 Zone.  

Restoring limitations for balcony encroachments into low-density residential and park zones.

This requirement is based on an urban design principle to provide a gradual transition high-density to low-density zones. Previous amendments to the Regional Centre Land Use By-Law were intended to reinforce this principle, however, a change to the wording of this section is being recommended to enable more clear interpretation of these transition requirements.

Allow a retaining wall and staircase within 9 metres of the reference line of the Northwest Arm. 

The Regional Centre LUB currently limits structures located within 9 metres of the reference line of the Northwest Arm to public infrastructure, utility uses, boathouses, publicly owned or operated ferry terminals, parks on public land, water access structures, gazebos and municipal, provincial, and national historic sites and monuments. This amendment adds retaining walls and staircases to this list of permitted uses.

Exempt low density dwelling uses in the ER zones from maximum building dimensions. 

The Housing Accelerator Fund amendments implemented maximum building dimensions in the ER-3 zone to discourage lot consolidations and demolitions of existing homes. This amendment would exempt low density dwellings (1 - 4 units) from maximum building width (20 metres) and depth (30 metres) restrictions. Other density controls, such as lot coverage and bedroom counts, will continue to apply. 

Clarify how a storey is measured (streetline grade versus average finished grade). 

The Housing Accelerator Fund amendments introduced the measuring of building height by storeys instead of metres in certain high density and mixed-use zones in the Regional Centre. This amendment clarifies that each streetwall is measured from its respective streetline grade, and the overall building height is measured from average finished grade. 

Update the boundaries of the bonus rate district in Schedule 50. 

Currently, the map identifies each bonus rate district by indicating the DD, DH, CEN-2, CEN-1, COR, HR-2, and HR-1 zoned properties in Regional Centre. This map is based on 2019 zoning and will be updated to simplify the boundaries of the bonus rate districts.

Implement the new policy IM-9 to enable a site plan approval process that permits a building in HR-1 to exceed the maximum building dimensions. 

An objective of the Housing Accelerator Fund initiative was to enable a building in the HR-1 zone to exceed maximum building dimensions (typically 40 to 64 metres) through site plan approval, however, an amendment is required to carry out the intent of this policy. The approval process ensures that the massing and design of a building is broken up to add variety to the streetscape, while allowing for a building with larger massing. 

Clarifying in what circumstances transition requirements from high-density to low-density zones apply. 

One of the key principles of urban design in the Centre Plan is expressed through transition requirements between more and less intense land uses, and between higher-density to lower-density zones. In the LUB, transition requirements are implemented through increased setbacks and building stepbacks in a context where there is a high-density zone situated next to a low-density zone. The exact transition requirements differ between zones and are tied to the built form of a mid-rise, tall mid-rise, or high-rise building, with taller buildings requiring greater transition from abutting zones. A change in wording is being proposed that will account for abutting properties that have a ‘split zone’, containing both a high density and a low-density use. In these cases, transition requirements will continue to apply to the abutting property. 

Maintaining unique conditions within the Young Avenue Special Area and Sub-Area. 

The LUB provides for certain unique conditions related to residential densities within the Young Avenue Sub-Area. With recent zoning changes as part of the Urgent Changes to Planning Documents for Housing, properties within the Young Avenue Special Area have been rezoned from ER-1 to ER-2. To ensure that these unique considerations to continue to exist within the new zoning framework, the footnotes related to the Young Avenue Sub-Area need to be brought into the ER-2 column in Table 1B, along with some additional minor administrative changes to the footnotes 

Process

The application will be considered under the LUB Amendment process.

Status

SEPTEMBER 18, 2024

Under section 262 of the Halifax Regional Municipality Charter, these amendments to the Regional Centre Land Use By-law are appealed to the Board. A hearing will be taken place before the end of November 2024 unless the Board determines otherwise.

Under subsection 261(3) of the Charter, a development permit that is inconsistent with the proposed amendments to a land-use by-law continues to be not issued until mid-January 2025.             

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SEPTEMBER 5, 2024

TAKE NOTICE THAT Regional Centre Community Council did, on Wednesday, September 04, 2024, approve the following application:

MINORREV 2024-01201 – HRM-Initiated application to to make several amendments to the Regional Centre Land Use By-law (LUB) to better reflect the intention of the Urgent Changes to Planning Documents for Housing, along with other housekeeping changes.

Any aggrieved person, the Provincial Director of Planning, or the Council of any adjoining municipality may, within fourteen (14) days of the publishing of this notice, appeal to the Nova Scotia Utility and Review Board (902.424.4448) in accordance with the provisions of the Halifax Regional Municipality Charter.

This notice was posted to this site on September 5, 2024, in accordance with the requirements of the Halifax Regional Municipality Charter.