July 31, 2023
January 16, 2023 NORTH WEST COMMUNITY COUNCIL refused the application for the development agreement at Beaver Bank Road, near the intersection with Windgate Drive in Beaver Bank, Nova Scotia.
The land owners appealed the refusal to the Nova Scotia Utility and Review Board in accordance with the provisions of the Halifax Regional Municipality Charter.
The Board issued its decision on July 21, 2023.
The Board allows the appeal and orders North West Community Council to approve the Development Agreement.
WM Fares Architects, on behalf of property owners, is requesting to enter into a Development Agreement to build an apartment building on lands located near the intersection of Beaver Bank Road and Windgate Drive.
The site is located at Beaver Bank Road, near Windgate Drive, Beaver Bank. The major aspects of the proposal are as follows:
- An apartment building containing 46 units
- Approximately 4.5 storeys (18.8m in height)
- A mix of one- and two-bedroom apartments are proposed with 1120 sq. ft of amenity space
- Driveway access off Beaver Bank Road
- 68 parking spaces (a combination of surface parking lots and underground spaces)
The Development Plans (provided below) outline the development proposal in detail, and include information related to the site and building design, traffic, and servicing.
The application will be considered under the Development Agreement Process.
A public hearing was held by North West Community Council on Monday, January 16, 2023 at 6:00 p.m.. View the staff report. At that time North West Community Council refused the application for a development agreement.
AG Property Holdings Limited and 4378018 Nova Scotia Limited appealed to the Board from the decision of North West Community Council refusing a development agreement to build a 46-unit four-storey apartment building on property located on Beaver Bank Road, near the intersection with Windgate Drive, in Beaver Bank, Halifax Regional Municipality (HRM), Nova Scotia.
The HRM Staff Report recommended Community Council approve the development agreement. Policy UR-8 of the Sackville MPS enables Community Council to consider multiple unit buildings with more than six units by development agreement. In staff’s opinion, the development agreement addressed all relevant policy matters in the MPS.
Having reviewed the evidence and submissions, the Board concluded that Community Council’s decision does not reasonably comply with the intent of the MPS. Accordingly, the appeal is allowed and the Board orders Community Council to approve the development agreement.
Documents Submitted for Evaluation
The applicant has submitted plans and studies required by municipal staff to properly evaluate the application. The relevant documents are linked below but may also be provided either by email or regular mail by making this request to the planner list below.