Updated:
Request
Fathom Studio, on behalf of the property owner has applied to amend the Regional Centre Secondary Municipal Planning Strategy (SMPS) and Regional Centre Land Use By-Law (LUB) to reduce the minimum side setback for the portion of the main building above the streetwall at PID 00077313. The amendment will allow for the development of a 9 storey, mixed-use, tall mid-rise building.
Proposal
The applicant is proposing to develop a 9-storey, mixed-used use building. The building will be in a tall mid-rise form. The proposal includes residential dwelling units and commercial space. Included within the building will be amenity space, bicycle parking spaces and underground vehicle parking spaces.
The major aspects of the proposal are as follows:
- 9 storey mixed-use building;
- 168 dwelling units:
- 47 two-bedroom units;
- 121 one-bedroom or studio units;
- 12 of the dwelling units will be grade related dwelling units; and
- 8 of the dwelling units will be barrier free.
- Ground floor commercial;
- 102 on-site underground vehicle parking spaces;
- 86 bicycle parking spaces:
- 70 Class A; and
- 16 Class B.
The amendment requests an exemption from subsection 135(4) of the LUB which states:
135(4) Any portion of any main building above the streetwall height, but less than 33.5 metres in height, shall be required to be set back from side lot lines of no less than 4.5 metres. This requirement may be reduced to 0.0 metre where:
(a) abutting lots are under common ownership and developed over a continuous foundation, footing, or underground parking structure; or
(b) any main building is located within the Downtown Halifax Central Blocks (DHCB) Special Area, as shown on Schedule 3B.
The requested amendment is to permit a side yard setback of 0.0 metres for the portion of the proposed building above the street wall height and less than 33.5 metres in height. The change to side yard setback requirements above the street wall height, from 4.5 metres to 0.0 metres, would enable the applicant to achieve an additional 16 dwelling units.
The proponent submitted the following rationale in support of the request:
- The LUB defines the tower portion of a building differently for the DH Zone than all other zones, as shown under the RCLUB Definitions (258).
- Other high-density zones (DD, CEN-1, CEN-2, COR) do not require such side setbacks, making the DH rules inconsistent with the MPS intent for the most intense urban growth.
- Exemption of LUB Section 135 to permit a 0 metres side setback above the streetwall will enable an additional 16 dwelling units on-site.
- The building architecture advances the Regional Centre SMPS goals of complete communities, strategic growth, and human-scale development.
- A 0-metre side yard setback would match the nearby Bond Building and Vertu Suites.
- Human-scale design and pedestrian first core concepts of the Regional Centre SMPS are supported by ground floor commercial, grade related dwelling units and a generous streetwall stepback with varied facade articulation.
- Shadow and light impacts from removing setbacks above the street wall are minimal, with design elements (light bays, shallower unit depths) enhancing livability for residents.
- Adjacent properties will not be negatively affected. The building to the south has a blank wall, and shadow studies show limited to no impact on surrounding properties.
- Strong transit access and walkability support sustainable urban growth.
- Generous streetwall stepbacks, façade articulation, and grade-related uses contribute to an active, pedestrian-friendly streetscape.
- The site is designated as a View Terminus. Proposed architecture emphasizes sightlines and creates a distinctive landmark.
The Development Plans and Staff Report (provided below) outline the development proposal in detail, and includes information related to site design, building elevations, and a shadow impact study.
Process
The application will be considered under the Municipal Planning Strategy & Development Agreement process.
Status
This application is currently in the Detailed Team Review Stage where the request is reviewed by internal municipal staff as well as external agencies. Following this stage, Public Engagement will be conducted in early 2026.
Once all public engagement has been completed, staff will incorporate all feedback into a staff report to be considered by the Regional Centre Community Council at a Public Hearing. For more information regarding this case, please see the Planner’s contact information at the bottom of the page.
Documents Submitted for Evaluation
Contact Information
For further information, please contact:
Justin Smith LPP MCIP
Planner III
Community Planning – Centre Plan
Telephone: 902.497.2579
Email: Justin.Smith@halifax.ca
Mailing Address
HRM Planning and Development
PO Box: 1749,
Halifax,
Nova Scotia,
B3J 3A5
Attention: Justin Smith LPP MCIP