Case 01290

Open Space Subdivision, Westphal

(updated 18 January 2012)

Request

Proposed Regional Plan Amendment, Water Service Extension and Open Space Subdivision, Westphal.

Proposal - Area Map
The proposal is comprised of three components, all of which must be approved by Council in order for the proposed subdivision to proceed:

1) An application to amend the Regional Municipal Planning Strategy (RMPS) by redesignating the subject property from Urban Reserve to Rural Commuter;

2) An application to extend the existing water service boundaries from Westmount Plains and Colridge Estates to the subject property; and

3) An application to enter into to a development agreement to permit approximately 106 single unit dwellings. As currently proposed, the development would be held under some form of single ownership such as a condominium corporation. One reason for this type of ownership arrangement is to enable use of a shared and privately owned sewage treatment system.

The Applicants wish to service the proposed development with municipal water and a shared sewage treatment system.  The systems would be owned by the future residents of the subdivision, potentially through the establishment of a condominium corporation.

Status - Information Sheet

A report dated September 16, 2009 and a report dated October 21, 2009 were presented to Regional Council on November 10, 2009, at which time the application process was initiated.

A public information meeting was held on January 18, 2010.  Minutes

An information report dated March 2, 2010 was submitted to Regional Council on March 23, 2010, indicating that a resident petition had been submitted requesting that consideration of Case 01290 be stopped. 

A second public information meeting was held on September 21, 2011 at Ross Road Elementary School, Westphal.  Minutes

Future steps in the planning process will also include a review by the Regional Plan Advisory Committee (RPAC) and the Halifax Watershed Advisory Board (HWAB).

Once the full staff report is complete and the proposal has been reviewed by RPAC and HWAB, the report will be submitted to Marine Drive, Valley and Canal Community Council (MDVCCC) which will review the proposal and provide a recommendation to Regional Council.  Regional Council will then review the recommendations from staff, MDVCCC, RPAC and HWAB and decide whether or not to schedule a Public Hearing.

If Council schedules a Hearing to consider the proposal, notices advertising the date, time and location of the Hearing will be advertised in the Chronicle Herald.  Those who received a direct notice of the public information meeting, those who signed the sign-up sheet at the meeting, and those who signed the resident petition will be notified by mail of the public hearing.

Documents Submitted for Evaluation
The applicant has submitted plans and studies required by HRM staff to properly evaluate the application.  All documents, including those listed below, are also available for viewing at the Planning Services office in Dartmouth.

Concept Plan (Includes Exclusive Use/Build Areas for Condominium) - REVISED SEPTEMBER 2011

Contact Information

For further information, or to be added to the mailing list for the public hearing, please contact:

Frequently Asked Questions

What do "Urban Reserve" and "Rural Commuter" mean and how are they relevant to this proposal?

What is a development agreement?

What is an open space subdivision?

In addition to the new design approach, how does the approval process differ between the new open space approach and the old as-of-right subdivision approval process?

How can I stay informed of the process and the status of the application after the Public Meeting?

What are the potential outcomes, generally speaking, related to the future decision that Council may make for this proposal?

What do "Urban Reserve" and "Rural Commuter" mean and how are they relevant to this proposal?

The Urban Reserve designation was applied to several large land assemblies in HRM which abut fully serviced areas and which showed the potential for fully serviced development in the future. To ensure that these lands are not developed prior to careful consideration of their long term development potential, unserviced residential development has been limited in the short term. The subject property is part of a larger Urban Reserve area that is approximately 850 acres of interior land generally located between Ross Road, Broom Road, Highway #7 and Highway #207. An analysis of the existing Urban Reserve areas may be carried out during the 5 year review of the RMPS.

The primary intention of the Rural Commuter designation is to focus low to medium-density uses within defined centres which are within easy commuting distance to the Regional Centre, to support the delivery of convenience services to the surrounding settlement area, protect the natural resource base and preserve the natural features that foster the traditional rural community character. Residential development within this designation has historically been characterized by large lot residential developments. Many residents who reside here commute to the urban and suburban centres for employment.

Limited residential development is permitted within the Urban Reserve designation. Therefore, in order for the proposed subdivision to proceed, the land must first be taken out of the Urban Reserve and placed in the Rural Commuter designation. If this request is approved, the Council would also have to approve a development agreement in order for the subdivision to be built.

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What is a development agreement?

• A legally binding contract between HRM and a landowner that permits specific land uses according to specific conditions;

• The agreement runs with the land and all future landowners/homeowners are bound by its terms; and

• A development agreement may regulate features such as road layout, setbacks, parks, trails, land uses, etc.

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What is an open space subdivision?

This is a new form of residential subdivision now required where new roads are proposed in locations not serviced by both municipal sewer and water. The concept is intended to protect features of natural or cultural significance, provide a connected system of open space, as well as minimize extensive road development and the loss of important resource lands

Open space subdivisions may be based on either of two approaches:

1) The traditional form of individual on-site well and septic systems but with the requirement that only 20% of each lot may be disturbed; or

2) In areas with piped water, a more compact layout may be considered where 60% of the site is maintained as open space and dwellings are clustered together in a tighter lot fabric than traditional rural subdivisions but where overall density is limited to a maximum of 1 unit per acre. This is the approach proposed by the Developer in this application.

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In addition to the new design approach, how does the approval process differ between the new open space approach and the old as-of-right subdivision approval process?

In the past, subdivisions such as the one proposed in this application would be approved through the "as-of-right process", which included a review by HRM staff to ensure the proposed roads, lots, and parks met all municipal requirements. Now, open space subdivision proposals go through a more rigorous and public process which includes several key features:

1) Public input, including a Public Meeting and a Public Hearing, where residents can advise HRM of their concerns or ask questions;

2) Approval by Council (as opposed to staff) is now required; and

3) The new subdivisions are now subject to development

agreements which bind the Developer and future homeowners to terms related to land use, parks, preservation of open space, lot standards and engineering matters.

How can I stay informed of the process and the status of the application after the Public Meeting?

• This website.
• Contact HRM (Mitch Dickey: 490-5719 or 490-4472, or by email)

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What are the potential outcomes, generally speaking, related to the future decision that Council may make for this proposal?

If Council approves the proposal to redesignate the land from Urban Reserve to Rural Commuter:

• The land will be designated Rural Commuter (the same designation applied to the surrounding residential subdivisions). This will enable Regional Council to consider the proposed expansion of the municipal water service area to the subject property; and it will also enable Marine Drive, Valley and Canal Community Council to consider the proposed open space subdivision by development agreement. The decision on the development agreement is guided by policies S-15 and S-16 of the Regional Plan which are included below.

If Council does not approve the proposal to redesignate the land from Urban Reserve to Rural Commuter:

• The land would remain within the Urban Reserve designation, and as such, there would be limited development potential for the property in the short term.

• It is important to note that, regardless of the outcome of this specific application, the subject property and the surrounding undeveloped lands will not remain as Urban Reserve land indefinitely.

As noted above, the purpose of the Urban Reserve designation is to ensure that Urban Reserve areas are not developed prior to consideration of their potential for fully serviced development (sewer and water). Council will eventually decide whether or not to a) pursue fully serviced development within this Urban Reserve; or b) redesignate the land to enable its use and development according to the policies and objectives of another land use designation, such as the Rural Commuter designation.

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EXCERPTS FROM THE REGIONAL MUNICIPAL PLANNING STRATEGY:

3.2 URBAN RESERVE DESIGNATION

The primary intent of the Urban Reserve Designation is to ensure there is a continuous supply of land that can be serviced with central (municipal wastewater and water distribution) services beyond the 25 year time horizon of this Plan. The Urban Settlement Designation identifies those lands which HRM intends to service within the next 25 years. The Urban Reserve Designation focuses on those lands abutting the Urban Settlement Designation which could be serviced beyond the next 25 years to ensure the Municipality has a long-term supply of serviceable lands. Providing services to these lands may be considered within the 25 year time frame of this Plan subject to Policy IM-18. The following seven areas of land have been designated as Urban Reserve:

1. interior lands bounded by Highway 7, Ross Road, Highway 207 and Broom Road (Cole Harbour/Westphal);

Policy S-4: HRM shall establish the Urban Reserve Designation for those lands situated outside the Urban Settlement Designation where central services (municipal wastewater and water distribution) may eventually be provided, as shown on the Generalized Future Land Use Map (Map 2). The primary intent of this designation shall be to retain sufficient lands which shall provide an adequate supply of serviceable land beyond the time horizon of this Plan.

3.3.1 Rural Commuter Designation

The primary intention of the Rural Commuter Designation is to focus low to medium-density uses within defined centres which are within easy commuting distance to the Regional Centre, to support the delivery of convenience services to the surrounding settlement area, protect the natural resource base and preserve the natural features that foster the traditional rural community character. Residential development within this designation has historically been characterized by large lot residential developments. Many residents who reside here commute to the urban and suburban centres for employment.

Policy S-6: HRM shall establish the Rural Commuter Designation, shown on the Generalized Future Land Use Map (Map 2), as the area within commuting distance of the Regional Centre that has been heavily influenced by low-density residential development. The primary intent of this designation shall be to protect the character of rural communities and conserve open space and natural resources by focussing growth within a series of centres, as shown on Settlement and Transportation Map (Map 1), and carefully controlling the amount and form of development between centres. The three types of centres within the designation are the Rural Commuter, Rural Commuter District and Rural Commuter Local centres.

Policy S-15: HRM shall permit the development of Open Space Design residential communities, as outlined in this Plan, within the Rural Commuter and Rural Resource designations and within the Harbour designation outside of the Urban Service Area, but not within the portions of the Beaver Bank and Hammonds Plains communities as identified in the Subdivision By-law under Policy S-25 and within the Rural Area Designation under the Eastern Passage/Cow Bay Plan Area. HRM will consider permitting the maximum density of such developments to one unit per hectare of gross site area. In considering approval of such development agreements, HRM shall consider the following:

(a) where the development is to be serviced by groundwater and as determined through a hydrogeological assessment conducted by a qualified professional, that there is an adequate supply of ground water to service the development and that the proposed development will not adversely affect groundwater supply in adjacent developments;

(b) that there is sufficient traffic capacity to service the development;

(c) the types of land uses to be included in the development which may include a mix of residential, associated public or privately-owned community facilities, home-based offices, day cares, small-scale bed and breakfasts, forestry and agricultural uses;

(d) whether soil conditions and other relevant criteria to support on-site sewage disposal systems can be met;

(e) the lot frontages and yards required to minimize the extent of road development, to cluster building sites on the parcel and provide for appropriate fire safety separations;

(f) that the building sites for the residential units, including all structures, driveways and private lawns, do not exceed approximately 20% of the lot area;

(g) approximately 80% of the lot is retained as a non-disturbance area (no alteration of grades, except for the placement of a well or on-site sewage disposal system in the non-disturbance area shall be permitted and provision shall be made for the selective cutting of vegetation to maintain the health of the forest);

(h) that the development is designed to retain the non-disturbance areas and to maintain connectivity with any open space on adjacent parcels;

(i) connectivity of open space is given priority over road connections if the development can be sited on the parcel without jeopardizing safety standards;

(j) trails and natural networks, as generally shown on Map 3 or a future Open Space Functional Plan, are delineated on site and preserved;

(k) parks and natural corridors, as generally shown on Map 4 or a future Open Space Functional Plan, are delineated on site and preserved;

(l) that the proposed roads and building sites do not significantly impact upon any primary conservation area, including riparian buffers, wetlands, 1 in 100 year floodplains, rock outcroppings, slopes in excess of 30%, agricultural soils and archaeological sites;

(m) the proposed road and building sites do not encroach upon or are designed to retain features such as any significant habitat, scenic vistas, historic buildings, pastoral landscapes, military installations, mature forest, stone walls, and other design features that capture elements of rural character;

(n) that the roads are designed to appropriate standards as per Policy T-2;

(o) views of the open space elements are maximized throughout the development;

(p) opportunities to orient development to maximize the capture of solar energy;

(q) the proposed residential dwellings are a minimum of 800 metres away from any permanent extractive facility;

(r) the proposed development will not significantly impact any natural resource use and that there is sufficient buffering between any existing resource use and the proposed development to mitigate future community concerns; and

(s) consideration be given to any other matter relating to the impact of the development upon surrounding uses or upon the general community, as contained in Policy IM-15.

Policy S-16: Further to Policy S-15, within the Rural Commuter, Rural Resource and Agricultural Designations, HRM shall permit an increase in density for Open Space Design Developments up to 1 unit per 4000 square metres, or greater in centres as may be provided for in secondary planning strategies, where approximately 60% or more of the site is retained in single ownership of an individual, land trust, condominium corporation or the Municipality. Notwithstanding Policy E-5, the parkland dedication shall be relaxed to a minimum of 5% for this type of development. In considering approval of such development agreements, HRM shall consider the following:

(a) the criteria specified in Policy S-15, with the exception of items (f) and (g); and

(b) that the common open space cannot be used for any other purpose than for passive recreation, forestry, agriculture or conservation-related use except for a portion of which may be used as a village common for active recreation or the location of community facilities designed to service the development.