PLANAPP 2023-01187 - Montague Road, Lake Loon

A: ‘Shared housing with special care’ is a type of ‘shared housing use’. The land use by-laws in HRM define shared housing use as:

Shared Housing Use means a use that contains 4 or more bedrooms, that meets one or more of the following:

1. that are rented for remuneration as separate rooms for residential accommodation; or
2. that are operated by a non-profit organization or a registered Canadian charitable organization that provides support services to the occupants of the shared housing use, and includes Shared Housing with Special Care but does not include short-term rental, hotel, motel, or tourist accommodation as defined in the Tourist Accommodation Regulation Act”

The land use by-laws in HRM define shared housing with special care as:

Shared Housing with Special Care means a type of Shared Housing Use that is designed to provide a level of care to residents with cognitive, physical or behavioural limitations, and for greater certainty, shared housing with special care may include individual dwelling units for occupants, and must meet the definition of Shared Housing Use.

In August 2022, Regional Council approved amendments to replace all definitions for “rooming house”, “boarding house”, “residential care facility”, “group care facility”, “senior citizens’ housing”, “nursing home”, or similar uses, with “shared housing use” and “shared housing with special care”. The majority of community engagement on these amendments took place in 2017. 

The purpose of these amendments was to provide greater consistency across the Municipality by creating a standardized name for this type of land use, and to continue to allow (or enable the consideration of) housing options for those who require additional care, without limiting the housing to a specific demographic.

In the Cole Harbour/Westphal plan area, “Residential Care Facility” was previously enabled by development agreement through Policy UR-15. This has been replaced by Policy UR-15A which enables consideration of shared housing with special care by development agreement. 

In the North Preston/Lake Major/Lake Loon/Cherry Brook/East Preston plan area, “Group Care Facility” and “Senior Citizen Housing” were both previously listed as permitted uses under the RA zone of the Land Use By-Law. These land use terms have been replaced by ‘Shared Housing Uses”, which includes shared housing with special care. 

A: A development agreement is a binding legal contract that clearly establishes what is permitted, where, and what conditions and standards must be adhered to. The HRM Community Plans (also known as Municipal Planning Strategies) establish what can be permitted as-of-right through zoning and regulations administered by the land use by-law, as well as what can be considered through a development agreement process. The policy that enables a type of development through the development agreement process typically includes a list of criteria that must be considered. HRM staff will evaluate the proposal against those criteria and may require revisions from the applicant or determine controls that are needed in the development agreement to ensure consistency with the policy. The development agreement process includes public engagement, and the decision for refusal or approval of the development agreement lies with Council. This application is enabled for consideration by Harbour East-Marine Drive Community Council under Policy UR-15A of the Cole Harbour/Westphal Community Plan. 

A: The project description submitted with this application describes the proposed development as being marketed toward the aging population, as an assisted living facility. However, shared housing with special care can be for a person of any age who needs particular care provided as part of their housing. Therefore, staff are evaluating the proposed development within the context of all shared housing with care uses, as the targeted demographic could change over time. 

A: This application has not been approved by Harbour East-Marine Drive Community Council. It is still under review by HRM staff. However, all development agreements include timeframes for commencement and completion that the developer has to meet, to ensure that local residents are not impacted by long periods of construction. Furthermore, all development is required to adhere to By-Law N-200, Respecting Noise. 

Q: Concerns have been raised regarding the scale of the proposed development. Will this be addressed? 

A: The proposed development is still under review by HRM staff, including aspects such as scale.  

A: The applicant submitted a Traffic Impact Study (TIS), completed by a transportation engineer, that evaluates the expected impacts of the proposed development on surrounding road networks. The study states that the proposed shared housing with special care land use is anticipated to have a minimal impact on local traffic and the surrounding road network, given that the residents are not likely to be working or travelling during peak hours. HRM Development Engineering reviewed the TIS, and no concerns were raised with respect to the evaluation method or conclusions. 

A: Halifax Fire and HRM Development Engineering reviewed this proposal, and no concerns were raised regarding access for emergency vehicles. 

A: This application has not been approved by Harbour East-Marine Drive Community Council. It is still under review by HRM staff. HRM planning staff have not been made aware of any changes to the local transit service that would occur as a result of this development.

Q: It was raised that the development is proposed within a historic African Nova Scotian (ANS) community. Does this change the planning process for this application? 

A: HRM staff have followed Administrative Order 2023-002-Adm Respecting Public Participation for Planning Documents, Certain Planning Applications, and Engagement With Abutting Municipalities to facilitate community engagement on this application. There are no changes to the planning process for this application at this time. However, engagement on planning topics, such as this, and discussions regarding future planning for ANS communities is being facilitated through the African Nova Scotian Community Action Program (ANSCAP). For more information about the ANSCAP, please reach out to Devon Parris, African Nova Scotian Action Planning Lead at devon.parris@halifax.ca or 902-399-5537.  

A: Under the Cemeteries & Monuments Protection Act (C&MPA), grave sites are protected, and if discovered, the area becomes a designated cemetery. According to the Act, no land used as a cemetery can be used for anything else, including development. If a cemetery is impacted through development, the responsible body can be held liable. It has been recommended by the Provincial Department of Communities, Culture, Tourism & Heritage that an Archeological Resource Impact Assessment (ARIA) be conducted to confirm or refute the presence of grave sites. An ARIA may result in the recommendation for Ground Penetrating Radar (GPR) survey work to be conducted, which has proven to be an effective, non-intrusive method of locating burials. If the location of a grave site is known, this information can be shared with the Nova Scotia Department of Communities, Culture, Tourism and Heritage to begin the process of registration. 

Q: Will the proposed development impact the water pressure of Municipal water that services surrounding properties?

A: If approved, the proposed development should not impact the water pressure of Municipal water that services surrounding properties. If there are changes in water pressure, regardless of proposed development, Halifax Water should be notified. 

Q: Will this development require blasting? What are the impacts to surrounding properties, specifically on the water table and on private wells? 

A: The proposal includes an underground parking area. If approved, there are various methods of facilitating construction of the underground parking area, one of which is blasting. Obtainment of a blasting permit in accordance with By-Law B-600, Respecting Blasting is required prior to any blasting In cases where there are nearby existing wells, the by-law requires the Blaster to complete a Pre-Blast Survey of surrounding properties, including a report on the age and condition of existing wells. Bacteriological and general chemical analyses are required to be performed on water from the wells before Blasting has commenced and after Blasting has been completed. However, blasting is not required and other methods of facilitating underground construction can also be used, such as excavation and rock-breaking. These methods are commonly used when there are nearby wells.

Q: What is the proposed form of wastewater management? Will there impacts to neighbouring properties? 

A: The proposed development is located outside of the Municipal sewer service boundary and is therefore proposed to be serviced with an on-site wastewater management system. Preliminary plans have been submitted to HRM and can be viewed below. However, review and approval of wastewater management systems is within the jurisdiction of Nova Scotia Environment and Climate Change (NSECC). HRM does not require the applicant to complete a detailed design and obtain Provincial approval until the building permit stage, and building permits for this development cannot be obtained unless the development is granted approval by Harbour East-Marine Drive Community Council. Any approved wastewater management system would need to meet all provincial regulations with respect to installation and maintenance. Approved and properly installed and maintained systems should not impact neighbouring properties. If someone is aware of a failed system, NSECC is the appropriate contact for investigation. If approval is not obtained, then HRM cannot issue a building permit.

A: Extension of the sewer service boundary is not typically considered for individual projects. It is a significant amendment to the Regional Plan, as it would open up opportunities for development that would otherwise not be permitted without both central services. Policy SU-4 of the Regional Plan outlines what HRM shall have regard to when considering extensions to the Urban Service Boundary.

Q: Will an environmental study be completed/is one required? Will an Environmental Assessment be completed/is one required?

A: An environmental study is typically performed when there is an existing issue that needs to be explored, or if more information is required in order to satisfy the enabling planning policy. There are several different types of environmental studies (for example, watercourse delineation assessment, endangered species assessment, groundwater assessment, etc.), and a particular study may be required by HRM, depending on the issue and how it relates to the proposed development. In this case, there are currently no known existing issues that warrant a particular environmental study. Although concerns were raised regarding the ability of the proposed on-site wastewater management system to service this scale of development, staff are not aware of existing issues that need to be studied, and the approval of the system is within Provincial jurisdiction. 

Some developments are required by the Province to go through an Environmental Assessment process in accordance with the Environmental Assessment Regulations. However, that particular process typically applies to industrial operations, and is not necessary for shared housing with special care and/or the proposed wastewater management system. 
 

Q: What is the status of the Montague Gold Mine Environmental Site Assessment? Is remediation required on the subject property?

A: The subject property is located outside the Montague Gold Mine Environmental Site Assessment area, and therefore remediation of the subject property is not required. However, those looking for more information on this topic can find the Phase 1& 2 Environmental Site Assessments here: https://buildns.ca/projects/historic-gold-mine-remediation/

A: The subject property is located outside the Lake Major Watershed. If the proposed development is approved, there should not be any impacts to surrounding properties or watersheds, including the Lake Major Watershed, due to the stringent requirements for grade alteration and stormwater management. Prior to development, a grade alteration permit would be required, in accordance with the provisions of By-Law G-200 Respecting Grade Alteration and Stormwater Management Associated with Land Development. This does not include tree clearing but does include grubbing. An application for grade alteration must include a Stormwater Management Plan and Report prepared by a professional engineer in accordance with the Halifax Stormwater Management Standards, which includes minimum standards for pre and post development stormwater balance, stormwater water quality, and erosion and sedimentation control. 

Q: How does the feedback received through public engagement impact the planning process for this development? 

A: HRM staff use the feedback received through public engagement to learn about the community context, determine what issues need further review, and assess whether changes to the proposal are necessary or beneficial. The feedback is summarized in a staff report to Community Council for further consideration. 

Q: Will there be a second public information meeting? Is it possible to include experts who can speak to wastewater management, geology, groundwater, local habitat, etc.?

A: At this time, HRM staff do not have additional information to share on this proposal, beyond the responses of this FAQ. Public feedback will continue to be accepted and utilized in the evaluation of the proposal, and concerns will continue to be investigated. A second public information meeting may be warranted if significant changes are made to the proposal. However, it is not possible to include experts at the public information meetings, unless the applicant chooses to hire them for that purpose.