Antigonish County Council
Antigonish County Planning Advisory Committee
Planning Staff (RCBDPC)
February 3, 2005
Application by Antigonish Condominiums Incorporated to Rezone Lands
of Jovin Enterprises Limited, Thorne Ridge Subdivision, Vincent’s Way,
Antigonish County (PID#10091536) from Residential (R-1) to Residential
Multi Unit (R-2).
It is recommended that Council approve the
rezoning of the subject property on Vincent’s
Way from Residential (R-1) to Residential
Multi Unit (R-2) to permit the development
of a condominium complex containing 3
buildings, each with 5 units, totalling 15
Residential (R-1)
Identification: Vincent’s Way, Antigonish,
Antigonish County (PID#
40,051 sq/ft
An application has been submitted on behalf Location Map: Appendix A, Page 5
of Antigonish Condominiums Inc. to re-zone Site Visit:
November 30, 2004
a parcel of land located on Vincent’s Way,
Antigonish County, from Residential Zone (R-1) to Residential Multi Unit Zone (R-2).
The applicant is proposing to construct 3 condominium buildings containing a total of 15
units on the subject property. The development
Fig. 1.0 – Previous Architectural Design
will require a short northern extension to
Vincent’s Way. In addition, the proponent is in
the process of increasing the depth of the
property by 7’ and therefore changing the
dimensions of the site from 312’ x 125’ to 312’ x
132’. (See Appendix A.) Figure 1.0, to the left,
construction project by the proponent. The
current development proposal will adopt the
same architectural design as shown in Figure 1.0
with the exception of a minor change in the
roofline. Figure 2.0 indicates the proposed façade
for the current development proposal.
The 0.92 acre site fronts Vincent’s Way and
abuts a single family dwelling to the south and
vacant land to the north and west. Across
Vincent’s Way to the east are two single family
dwellings. Currently, the proposed site is vacant.
The elevation of the site rises very slightly from Vincent’s Way. The parcel has little
vegetation with some alders and shrubs found around the perimeter of the site.
Photographs of the parcel are presented in Figures 3.0 and 4.0.
Antigonish Condominiums requires an amendment to the Zoning By-law to permit the
proposed development. A policy amendment is not required as the Municipal Planning
Strategy’s Residential Development designation is supportive of residential multi-unit rezonings provided specific criteria can be met. A summary of the evaluation criteria is
included as Appendix B to this document.
Fig. 2.0: Proposed Façade – Antigonish Condominiums
Within the Antigonish County Plan Area, the Municipal Planning Strategy (MPS)
supports multi-unit buildings as a means of providing an affordable source of housing for
residents of the Town and County. Further, the Antigonish County Planning Area Land
Use By-Law (LUB) establishes a Residential Multi-Unit Zone. A rezoning to the
Residential Multi-Unit (R-2) Zone is required for the development of three or more
residential units.
Re-zonings to the R-2 use are subject to Policies 7(b), (c) and (d) of the MPS. These
policies outline the criteria which must be met in order to permit this multi-unit use.
According to the MPS, these criteria were designed to direct multi-unit uses to suitable
locations and to reduce the possibility of pollution from on-site sewage disposal systems.
Importantly, all amendments to the LUB must also satisfy the criteria set out in Policy 31
(a) of the MPS. These criteria are presented in Appendix B.
In addition to the criteria presented in Appendix B, the development will be subject to
landscaping and amenity space requirements as stipulated in Policies 7(c) and (d)
respectively. Specifically, with regard to landscaping and amenity space requirements,
the Special Requirements included in Part 9 (pg. 36) – Residential Multi-Unit Zone of the
Antigonish County Planning Area LUB,
Landscaping of not less than five (5) feet [1.5 m] in height must be maintained
along any R-2 boundary that abuts an existing residential, recreational or
institutional use.
Amenity space of 50 ft2 [4.6m2] per unit must be provided on the same lot as the
multi-unit residential building.
Figure 3.0: Lands of Antigonish Condominiums
The plans submitted by the
proponent fulfill these
conditions will ensure that
the privacy of adjacent
property owners will be
respected and that future
development and will have
adequate amenity space for
their active and passive
recreational needs.
The proposed development
has access to municipal
water and sewer services.
As such, the development
proposal makes efficient
use of existing municipal services. School, recreation and other community facilitates are
within close proximity to the proposed development. The proposal will require a short
extension to Vincent’s Way beyond the point of intersection with Annie’s Bluff. This
extension will include a temporary turning area. Following construction, the road will be
deeded to the municipality.
The provincial Department of Transportation and Public Works has indicated that the
development proposal has appropriate frontage on a municipal roadway off a town street
and that it meets department stopping sight distance requirements. They had no concerns
with the extension.
The Nova Scotia Department of Environment and Labour has expressed concerns over
erosion and sedimentation control with the proposed development. As a mitigation
strategy, the Department has suggested that the developer follow and demonstrate good
environmental stewardship during the pre-construction and construction phases. In doing
so, the Department has recommended that an Erosion and Sedimentation Control Plan be
designed by a qualified person, be implemented by the developer and monitored by the
qualified person. The Provincial Building Regulations, made under the Building Code
Act R.S.N.S. 1989, c. 46, requires a professional Geotechnical analysis. Together, these
strategies will ensure that the proposed site is suitable in terms of steepness of grades, soil
and geological conditions.
With the development application conforming to the Antigonish County Planning Area
MPS and LUB, and with no adverse environmental impacts anticipated, this development
proposal is suitable for the location.
Staff feel that the applicant’s
development proposal will
have a positive impact on the
is of the
appropriate scale for the
subject property and it meets
the MPS policy objectives and
criteria for a multi-unit
building. As such, staff
application to be appropriate
and therefore recommend that
it be approved.
Fig. 4.0: Lands of Antigonish Condominiums
Location Map: Lands of Jovin Enterprises Limited
Summary of Evaluation Criteria:
Policy 7(b)
It is the intention of council to permit new
residential multi-unit uses subject to the
following criteria:
(i) the proposed development is compatible
with adjacent residential uses with respect to
scale, mass and use;
(ii) the location of the proposed development
does not create any major traffic problems;
(iii) the lot on which the proposed development
is sited is adequately served by a centralized
sewer system and/or central water system of if
on-site services are to be used, these services
are adequate for R-2 Zone uses.
Complies – (Staff Review)
Complies – (Comments from
Department of Transportation and
Public Works)
Complies – (Comments from
Municipality’s Public Works
Policy 30(a)
That the proposal is in conformance with
the intents of this Strategy;
Policy 30(b)
Complies – (Staff Review)
The proposal is not premature or inappropriate
by reason of:
(i) the financial capability of the Municipality to
absorb any costs relating to the development;
Complies – (Comments from
Municipality’s Finance Department)
(ii) the adequacy of sewer and/or water
services to support the proposal;
Complies – (Comments from Public
Works Department)
(iii) the adequacy and proximity of school,
recreation and other community services;
Complies – (Recreation Department
& Staff Review)
(iv) the adequacy of road networks, in,
adjacent to, or leading to the development and
the adequacy of proposed accesses and
parking facilities;
(v) the potential for the contamination of
abutting watercourses or the creation of
erosion or sedimentation as a result of the
(vi) suitability of the proposed site in terms of
steepness of grades, soil and geological
conditions, marshes, swamps or bogs.
Complies – (Comments from
Department of Transportation and
Public Works)
Complies – (Guidelines from
Department of Environment and
Complies – (Erosion and
sedimentation controls required as
per National Building Code).