Lindsay Construction is requesting a Municipal Planning Strategy amendment, Land Use By-law amendment, and non-substantive amendment to an existing development agreement on lands at 5558 Bilby Street (PID no.00161406), Halifax, to allow an extension to the date of commencement of construction by one year.
The existing development agreement requires construction to be commenced five years after the date of registration of the agreement, which occurred July 6, 2018. Lindsay construction is asking to extend the commencement date by one year from the date the amending agreement is registered at the Land Registry. “Commencement” is defined in the existing agreement as “installation of the footings and foundations”.
The applicant’s rationale for asking for the time extension is due to unforeseen contaminated soils which had to be removed before starting construction. The environmental remediation was completed in August 2019, which exceeded the five-year commencement date in the agreement.
Due to the Halifax Municipal Planning Strategy (MPS) policy that enabled the development being removed in 2019, an MPS amendment is required to enable a non-substantive time extension to an existing agreement.
This application was initiated at Halifax Regional Council by Councillor Lindell Smith on January 14, 2020. See the meeting agenda for more information.
A virtual joint public hearing will be held on Tuesday, July 21, 2020 at 6:00 p.m. All oral and written submissions will be considered at that time. This meeting will occur in a virtual setting and attending in person is not possible. Given the ongoing COVID-19 pandemic, written submissions are welcomed and encouraged in advanced of the hearing itself. These submissions are distributed to all Councillors and considered at the time of their decision. Written submissions may be forwarded to the Municipal Clerk by e-mail; by fax, 902-490-4208; or by mail, P.O. Box 1749, Halifax, Nova Scotia, B3J 3A5. Written submissions must be received by the Municipal Clerk’s office as early as possible and not later than 3:00 p.m. on July 21, 2020. Please allow sufficient time for delivery given slower than typical mail delivery times during the COVID-19 Pandemic.
The virtual joint public hearing will be webcast and may be viewed online. For individuals seeking to speak at the hearing, members of the public may contact the Municipal Clerk’s office no later than 4:30 p.m. on July 20, 2020 to be added to the speakers list to speak by telephone. We encourage all residents who have any desire to speak at the meeting to ask to have their name added to the list. Individuals who do not want to speak at a later time may ask to have their name removed from the speakers list.
To be placed on the speakers list, individuals may:
• Send an email; or
• Call and leave a voicemail at 902.490.4210; or
• Send a fax to the clerk at 902.490.4208.
In your message, please include the meeting body, the planning Case number or civic address, in addition to your name, community of residence, email address, and telephone number. Should you have questions about the nature of application itself, please email the planner or call 902-223-6154.
Should you have questions about the process of the virtual joint public hearing, please email the Municipal Clerks Office or call 902.490.4210.
Documents Submitted for Evaluation
The applicant has submitted plans and studies required by municipal staff to properly evaluate the application.