PLANAPP 2023-00991 - 86 Ochterloney Street, Dartmouth

Request

Application by Zzap, to enter into a heritage development agreement on the registered property at 86 Ochterloney Street. The proposed development also includes 61 Queen Street (building), and 39 (vacant lot) and 43-45 Dundas Street (building). The existing building at 43-45 Dundas Street is proposed to be demolished and replaced with a 13-storey mixed-use building.

Background

86 Ochterloney Street, also known as George Shiels House, was registered as a heritage property in 1982. The property contains a one-and-a-half storey Gothic Revival vernacular house constructed circa 1863. 

Character-defining elements of the building include, but are not limited to: 
•    One-and-a-half storey, wood frame dwelling;
•    Local rubblestone foundation;
•    Centre gable with triangular window;
•    Scottish dormers on either side of centre gable; 
•    Six-over-six pane windows;
•    Two single stack brick chimneys; and, 
•    Main entrance with sidelights and transom.

The applicant intends to rehabilitate and preserve George Shiels House at its current location.

Proposal

View the site in Google Maps.

The applicant has applied to enter into a Development Agreement on the property to permit the construction of a 13-storey building on a registered heritage property. This development agreement is being sought in accordance with Policy CHR-7 of the Regional Centre Secondary Municipal Planning Strategy (Regional Centre SMPS), which permits Council to consider a development agreement on any lot containing a registered heritage building that exceeds the requirements of the underlying zone in order to encourage the preservation and adaptive re-use of registered heritage buildings. 

A key element of the proposal is the rehabilitation and continued use of the registered heritage building. The rehabilitated building will be incorporated into the proposed development as a stand-alone building. The site will feature another rehabilitated residence at 61 Queen Street in addition to the registered heritage building, pedestrian circulation, and landscaping and buffering. 

If approved, the development agreement would allow the property owner to: 
-    Construct a 13-storey mixed-use building at the current location of 39 and 43-45 Dundas Street (PIDs 00109124 and 40280703).

If approved, the development agreement would require the property owner to: 
-    Rehabilitate the registered heritage building known as George Shiels House to its original form and design, including: 
    o    the rehabilitation of original architectural features that have been removed; 
    o    the rehabilitation of character-defining elements which have fallen into disrepair, such as windows, doors, structural elements, etc. 

The applicant’s proposal also requires a second application which staff are processing concurrently – a substantial alteration application. This type of application is a heritage-focused application which is required by the Nova Scotia Heritage Property Act when significant changes are proposed to a registered heritage property. The substantial alterations must be reviewed by HRM’s Heritage Advisory Committee and approved by Regional Council.

Both applications must be approved before the applicant can pursue the proposed development.

Process

Staff are currently reviewing the development agreement application and will ultimately prepare a recommendation for Community Council to consider. Before Community Council can make any decision about the proposal, a public hearing shall be held. 

Staff are simultaneously processing an application to substantially alter George Shiels House. In accordance with the Nova Scotia Heritage Property Act, a substantial alteration application must be reviewed by the Heritage Advisory Committee and approved by Regional Council before any registered heritage property is substantially altered. 

Status

The public open house was held on January 15th, 2024. Staff will proceed in processing the Substantial Alteration application, which needs to be approved by Heritage Advisory Committee and Regional Council. If approved, the heritage development agreement process will continue, and a staff report will be drafted for consideration by Heritage Advisory Committee and Harbour East – Marine Drive Community Council. Please check the website for information on the public hearing once scheduled. 

Documents Submitted for Evaluation

The applicant has submitted plans and studies required by municipal staff to properly evaluate the application. The details of this application may change before consideration or approval by Regional Council. Updates or changes to the application will be posted on this website.