Originally Posted by Empire
If may be interesting to discover the rampart restriction is merely a recommendation. This proposal will certainly get clarifaction.
The rampart maximum is not a reccomendation, it is policy. It is part of the Land Use By-law for the Peninsula. It has been continued, along with the viewplanes, as part of the new Planning Strategy for Downtown (HRMbyDesign).
This is the single biggest thing stopping this proposal. Council can not legally enter into a development agreement that violates the Municipal Planning Strategy or Land Use By-law. That's what all the URB appeals and court cases from the Heritage Trust have been about
: will the development violate the by-laws? So far only one development, the Midtown, was overturned on appeal. The Midtown was overturned based on it's height in relation to the Citadel, not view planes.
This project (I'm assuming it breaks the rampart maximum by quite a bit) can only be approved if Council first changes both documents to remove or amend the rampart maximum. That's a long process - minimum a couple of months, realistically probably six or more. Plus, are councillors going to jump on board and rework a long-standing provision, that they just reapproved a couple of years ago through HRMbyDesign? I find it unlikely.
If United Gulf is under the impression that the rampart maximum is a mere recommendation, they are delusional and wasting a lot of time and money. Since this is a $350 million 'proposal' I would hope they know the basic policy they're dealing with, which leads me to believe this is not a very serious propsal. As many others have pointed out they might be hoping to leverage an extension on the Twisted Sisters, or maybe trying to pump up the value of their property. If this turns into a real proposal I guess they like going to court and the URB, or waiting endlessly for unlikely by-law amendments.
For those who like policy:
Halifax Peninsula Land Use By-law
CITADEL RAMPARTS 26B
In addition to all other provisions of this by-law, no development permit shall be issued for any development
within Schedule A that is greater than 90 ft. in height, unless such development will not be visible above the topmost line of the earthworks of the Citadel ramparts from an eye level 5.5 ft. above ground level at any of the specified viewing positions in the Parade Square of the Citadel. Elevations and coordinate values for the viewing positions in the Parade Square of the Citadel and elevations to the topmost line of the earthworks on the Citadel ramparts are shown on ZM-17 (Height Precinct Map).
Downtown Halifax Secondary Municipal Planning Strategy
[u] 3.3.1 Heights Framework [u/]
The maximum heights framework provides a rational and balanced height pattern resulting from the synthesis of a complex set of urban design considerations tailored to the downtown Halifax context including:
(g) upholding the Citadel View Planes and Ramparts requirements from the Land Use Bylaw for Halifax Peninsula.