Council seeking legal advice as municipality considers six-storey apartment in Windsor, N.S.

WINDSOR, N.S. — An advocate for preserving local history is questioning a proposed six-storey development that could obstruct the view of one of Nova Scotia’s oldest forts.

Shirley Pineo, the president of the West Hants Historical Society, has been lobbying to have the sightlines around Fort Edward National Historic Site preserved for almost two years.

The organization wants to build a heritage interpretation centre on adjacent open space land that the municipality has deemed surplus and was looking to sell to a developer who wants to build residential units. While the municipality is still determining which entity will be given a green light to develop on the site, Pineo noticed another development was being proposed that could also impact the view.

At a public hearing for 8 Upper Water St., Pineo brought up a study that the former Town of Windsor had commissioned. The study noted council’s concern over protecting the Fort Edward view plane was addressed “by the existing zoning requirements, which impose a three-storey height restriction over the downtown area.”

Pineo asked: “So I guess my question is, when did that (zoning) change?”

The answer municipal staff provided was that three-storey builds are allowed as a right anywhere in Windsor. However, should a developer want to construct something larger, they must seek a development agreement and approval from the municipality.

More questions 

The information Pineo brought forward gave some councillors pause at the conclusion of the second reading of the Oct. 24 public hearing.

“Was there any elevation studies done to show what the view plane would look like from Fort Edward looking out over this building?” Coun. John Smith asked.

As was noted in previous meetings, planner Alex Dunphy said the county’s planning documents don’t require Fort Edward’s view planes to be taken into consideration. As such no preliminary drawings were done or data collected to show how it could impact the view from the fort.

Mark Phillips, the chief administrative officer for West Hants, reminded council that protecting the view is something it could consider doing.

“There’s no language within our environment that restricts or that requires us to consider that. Ethically, morally, historically, that’s something that you can consider, something that can influence your decision making, something that might influence future policy,” he said.

“But from the planning world… we are mindful of it, but it’s not something that you have to adhere to at the current time by regulation or by requirement.”

Several other councillors chimed in, saying they would like to have a visual representation of what a six-storey apartment building would look like in downtown Windsor, with a focus on how it fits with the fort.

“I wouldn’t mind knowing the elevation difference between the top of the sixth storey and Fort Edward,” said Coun. Jeff Hartt, noting it shouldn’t be difficult data to compile.

Hard to visualize

“I think we’ve spent two years discussing Fort Edward, and we have talked about the view plains as it relates to Fort Edward,” said Coun. Jim Ivey, referencing the other lot of land that the historical society is interested in.

Ivey noted it would be prudent to get the elevation information before deciding on the development agreement.

“If you’re about to put something up that’s going to block the view, whether it’s from the fort or whether it’s from the ground level looking towards the fort, I think you want to know that in advance,” Ivey said.

Coun. Scott McLean said he’d like to see a 3D rendering so council could better visualize what a six-storey building in downtown Windsor would look like.

The tallest building is currently three storeys.

“I’m not against this development. There’s been some concerns here with the slight line,” said McLean. “I’d like to see this building in the whole landscape… just so we could all grasp how large it is going to be compared to everything else.”

Aside from the potential impact the building may have on Windsor’s landscape, there are still outstanding questions relating to the impact it could have on water and wastewater resources, parking availability and traffic flows. These concerns were also all raised earlier in the fall.

Both Smith and Ivey asked about parking.

Ivey noted there hasn’t been a traffic study conducted in downtown Windsor and where this development proposes 95 rental units, with 89 parking spaces and 10 bicycle spots, that would increase traffic.

Dunphy noted that while the municipality generally requires a 1:1 ratio for parking, the development officer felt what was proposed was adequate.

“But in this case, the only way to meet the one parking space per dwelling unit ratio would be to reduce the total number of units in the proposal, and reducing the total number of units would negatively affect the developer and would also reduce the potential amount of housing that we would be able to provide for this location,” Dunphy said.

Ivey noted most motorists currently travel along King, Gerrish and Stannus Streets to get onto Water Street. With this development proposed for the corner of Water and King, he wondered what the traffic impact would be.

“I’m just saying that I’d like to have these uncertainties cleared out as part of this process, and given where we’re at, at the present time, I think now is the time to have that done,” he said.

Seeking legal advice

Coun. Debbie Francis asked if council could even entertain new information since the public hearing had closed and they were due to vote on second reading for the development agreement.

She added that since view planes are not in the planning documents it’s really not something council should consider. She said she was concerned if they don’t vote in favour of the development agreement then the developer could appeal the decision.

Mayor Abraham Zebian reminded council that any decision it makes regarding a development agreement can be appealed, regardless of which way councillors vote.

After much discussion, it was determined council would seek legal advice on if they are allowed to request more information after the conclusion of second reading. If they are, staff would then request a 3D rendering to show how the proposal might fit in downtown Windsor.

It’s anticipated council will discuss this again at the Nov. 28 meeting.

Fast facts

What: A Halifax-based developer is proposing a six-storey, mixed-use apartment complex in Windsor. The proposal would see 95 apartment units, 89 parking spaces and 10 bicycle spaces, and up to 4,165 square feet of commercial space.

Where: At 8 Upper Water St., Windsor.

About the site: The lot is approximately 27,000 square feet and currently houses a single storey office building on the corner of Upper Water Street and King Street. There is a parking lot as well as undeveloped land fronting on the residential Cobbett Street. It was the site of the former Black Bear Tavern. It is located southeast of the Fort Edward National Historic Site.

Under existing planning policies, a developer could build up to three storeys on the site as a right. Instead, the property owner is seeking a development agreement to build a six-storey apartment complex.