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Rezoning of 425 and 435 Hammonds Plains Road, Bedford

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Rezoning of 425 and 435 Hammonds Plains Road, Bedford P.O. Box 1749 Halifax, Nova Scotia B3J 3A5 Canada Item No. 10.1.1 North West Community Council March 11, 2019 April 8, 2019 TO: Chair and Members of North West Community Council Original Signed SUBMITTED BY: ____________________________________________ Kelly Denty, Director of Planning and Development Original Signed ___________________________________ Jacques Dubé, Chief Administrative Officer DATE: January 11, 2019 SUBJECT: Case 21873: Rezoning of 425 and 435 Hammonds Plains Road, Bedford ORIGIN Application by Halifax Regional Municipality. LEGISLATIVE AUTHORITY Halifax Regional Municipality Charter (HRM Charter), Part VIII, Planning & Development. RECOMMENDATION It is recommended that North West Community Council: 1. Give First Reading to consider approval of the proposed amendment to Schedule A – Zoning Map of the Land Use By-law for Bedford, as set out in Attachment A, to rezone a portion of 425 and 435 Hammond Plains Road, Bedford from the US (Urban Settlement) Zone to the SI (Institutional) Zone and schedule a public hearing; and 2. Adopt the amendment to Schedule A – Zoning Map of the Land Use By-law for Bedford, as set out in Attachment A. Contingent upon the amendment to the Land Use By-law for Bedford being approved by Community Council and becoming effective pursuant to the requirements of the Halifax Regional Municipality Charter, it is further recommended that North West Community Council: 3. Approve, by resolution, the proposed Discharge Agreement, which shall be substantially of the same form as set out in Attachment B of this report; and 4. Require the Discharge Agreement be signed by the property owner within 120 days, or any extension thereof granted by Council on request of the property owner, from the date of final approval by Council and any other bodies as necessary, including applicable appeal periods, whichever is later; otherwise this approval will be void and obligations arising hereunder shall be at an end. Case 21873: LUB Amendment 425 and 435 Hammonds Plains Road, Bedford Community Council Report - 2 - March 11, 2019 BACKGROUND Halifax Regional Municipality is seeking to rezone the southern portion, 15.25 hectares (37.68 acres), of 425 and 435 Hammonds Plains Road from the US (Urban Settlement) Zone to the SI (Institutional) Zone. The intent of this rezoning is to reinstate the previously approved SI zoning, which was inadvertently removed through the Regional Plan adoption in 2006. Subject Site 425 and 435 Hammonds Plains Road, Bedford Location 0.6km northwest of the Hammonds Plains Road and Highway 102 interchange. Abuts the southwestern shore of Sandy Lake Regional Plan Designation Urban Settlement Community Plan Designation Residential Reserve in the Bedford Municipal Planning Strategy (Map 1) Zoning (Map 2) US (Urban Settlement) and RR (Residential Reserve) Size of Site 19.9 hectares (49.2 acres) Street Frontage Approx. 289.6 metres (950 feet) Current Land Use(s) Educational Institution Surrounding Use(s) Single unit residential to the east and southeast; Light industrial to the southwest; HRM Parkland (Sandy Lake Park) to the north; Commercial to the west and southwest History Multiple changes to the zoning, permitted uses, and development rights have occurred on the subject site over the course of the past 45+ years. A summary of these processes and approvals is as follows: • In 1973 permits for a school (Sandy Lake Academy) and student residence at 425 and 435 Hammonds Plains Rd, Bedford (formerly 35 and 36 Killarney Drive) were issued under the former County Halifax By-law 24. At that time the property was zoned Secondary Reserve and permitted institutional uses. • September 19, 1988 the Town of Bedford Council approved a development agreement to allow the development of a senior citizens’ retirement lodge, nursing home, convenience centre, staff housing near nursing home, church, and outdoor recreation facility. This development was never constructed. • In 1991 the Town of Bedford Council approved the renaming of the Secondary Reserve to Residential Reserve and removed institutional uses from the list of permitted uses through a Bedford MPS review. This resulted in the existing school and student residence becoming non-conforming uses. • April 8, 2003 North West Community Council adopted various amendments to the Bedford Land Use By-law, which included acknowledgment of the existing educational institution use by rezoning a portion of the subject site from the RR (Residential Reserve) Zone to SI (Institutional) Zone. • June 27, 2006 the Regional Plan was adopted, which included the rezoning of a large area of land around Sandy Lake, as well as the entire subject site, to the US (Urban Settlement) and RR (Residential Reserve) Zones. This rezoning inadvertently removed institutional uses as permitted uses. Since that date, Sandy Lake Academy has operated as a non-conforming use. • August 1, 2018: Case #21873 was opened with the intent to reinstate the SI Zone that was inadvertently removed to permit future as-of-right development for the existing institutional use. Proposal Details Staff propose that Council rezone the subject property with the intent to reinstate the previously approved SI (Institutional) zoning. This zoning was inadvertently removed through the Regional Plan adoption in 2006, and reflects the current use of the property by the Sandy Lake Academy. Case 21873: LUB Amendment 425 and 435 Hammonds Plains Road, Bedford Community Council Report - 3 - March 11, 2019 Existing Development Agreement On September 19, 1988, the Town of Bedford approved a development agreement to allow the development of a senior citizens’ retirement lodge, nursing home, convenience centre, staff housing near nursing home, church, and outdoor recreation facility. Development did not commence within twelve months of the date of execution of the agreement, therefore the development agreement is considered null and void. However, this development agreement is still registered on title. Staff recommends discharging this agreement by resolution of Council, conditional on the approval of the proposed rezoning. Enabling Policy and LUB Context The subject site is located within the Residential Reserve of the Bedford Plan Area Municipal Planning Strategy (MPS). The designation intends to provide neighbourhood stability for existing residential areas outside of the Residential Development Boundary, while limiting new residential development until full services can be provided. This application can be considered in accordance with Policy S-3 of the MPS, which enables Council to consider permitting new institutional uses on any land use designation (except Comprehensive Development District designations) through the rezoning process. The subject property is zoned US and RR. The US Zone permits single unit dwellings on large lots, and public parks and playgrounds. The RR Zone permits single unit dwellings on large lots, neighbourhood parks, and special care homes (up to 10 residents). The proposed SI Zone permits a range of institutional uses (See Attachment C). The existing educational institution on the subject site is a permitted use in this zone. COMMUNITY ENGAGEMENT The community engagement process is consistent with the intent of the HRM Community Engagement Strategy. The level of community engagement was consultation, achieved through providing information and seeking comments through the HRM website, signage posted on the subject site, letters mailed to property owners within the notification area and a public information meeting held on September 17, 2018. Attachment D contains a copy of the summary from the meeting. The public requested clarification on the following topics: • Permitted uses if rezoned to the SI Zone; • Concern with no public consultation required though as-of-right permitting process; and • If the application will be reviewed under Green Network Plan and Watershed Study. A public hearing must be held by North West Community Council before they can consider approval of the proposed LUB amendment. Should Community Council decide to proceed with a public hearing on this application, in addition to the published newspaper advertisements, property owners within the notification area shown on Map 2 will be notified of the hearing by regular mail. The HRM website will also be updated to indicate notice of the public hearing. North West Planning Advisory Committee On October 4, 2018, the North West Planning Advisory Committee (PAC) recommended that the application be approved as presented. A report from the PAC to Community Council will be provided under separate cover. DISCUSSION Staff has reviewed the proposal relative to all relevant policies and advise that the rezoning carries out the intent of the MPS. Attachment E provides an evaluation of the proposed development agreement in relation to the relevant MPS policies. The existing use on the property (Sandy Lake Academy) is currently a non-conforming use as defined in the HRM Charter. As a non-conforming use, Sandy Lake Academy is permitted to continue in it’s current configuration but expansions and changes of use are very limited. This situation was created through an Case 21873: LUB Amendment 425 and 435 Hammonds Plains Road, Bedford Community Council Report - 4 - March 11, 2019 oversight when the Regional Plan was adopted in 2006 and staff advises that no public interest is served by retaining the existing zoning and continuing to apply the non-conforming use limitations on the current use. Attachment A contains the proposed amendment
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