[Halifax] 2254 Barrington | ? m | 7 fl | Approved

[fenwick16]

This one is being delayed for about a year because of a conflict between HRM and Polycorp. According to the allnovascotia.com, Polycorp bought the land with the understanding that the city would allow construction but now the city is saying that it must remain as green space. However, Polycorp has a letter from the HRM Development Services office stating that the land was clear for development. Polycorp has filed an appeal with the NS Utility and Review Board. Apparently Polycorp is so confident of winning the appeal that they plan to start preselling units in the 5 storey, 62 unit Jazz condo, without a building permit.

It also states that all but one unit in the Spice condo has been sold.

[Jonovision]

Where exactly is this one to be located?

[planarchy]

Originally Posted by Jonovision

Where exactly is this one to be located?

I think it is on the empty lot directly across cornwallis street from Spice (so, it would be the south-west corner of the Cornwallis/Barrington intersection). It is suppose to be almost a mirrored image of spice from my understanding.

[phrenic]

Originally Posted by planarchy

I think it is on the empty lot directly across cornwallis street from Spice (so, it would be the south-west corner of the Cornwallis/Barrington intersection).

This is true. Slightly closer to the sewage treatment plant and directly beside the homeless shelter. There is a billboard on this property now. The article almost makes it sound like the the new building is supposed to go on the green space between Spice and Ocean Towers instead.

[Keith P.]

Originally Posted by phrenic

This is true. Slightly closer to the sewage treatment plant and directly beside the homeless shelter.

My, what a lovely location.

At the rate it took them to finish Spice, I expect that we will see this completed in about 10 years time, what with the bureaucratic delay the city has thrown into the mix.

[sdm]

The site is not the corner, its the vacant land between spice and transglobes buildings.

The site is North of Spice.

[DigitalNinja]

So it's between spice and ocean towers?

[sdm]

Originally Posted by DigitalNinja

So it's between spice and ocean towers?

Correct.

I'd pull the aerial up, but don't have the time

[phrenic]

I stand corrected. I always assumed it was across Cornwallis st. The issue of green space for Ocean Towers makes more sense now.

[Keith P.]

Originally Posted by phrenic

The issue of green space for Ocean Towers makes more sense now.

Not if the owners of Ocean Towers have already sold the lot. If the land registry had no record of the requirement one wonders how the buyer could have known. The sale sounds like it should be voided if they sold it under false pretenses; otherwise the city needs to back down.

[sdm]

Originally Posted by Keith P.

Not if the owners of Ocean Towers have already sold the lot. If the land registry had no record of the requirement one wonders how the buyer could have known. The sale sounds like it should be voided if they sold it under false pretenses; otherwise the city needs to back down.

All depends on how the deal was written but i tend to agree.

If the city produces the facts then they have a case. If not well should be pretty easy to prove and subsequantly be approved.

[macgregor]

From the Polycorp website:

http://www.polycorp.ca/jazz/

[Dmajackson]

According to Explore HRM the lot is zoned R-3 (the same as Spice) so I don't see a clear reason why a condo building would not be allowed there that fits the zone criteria. Unless it was explicitly mentioned in the sale agreement the city has no chance in winning the appeal.

Also apparently both lots fall within the MacDonald Bridge viewplane (#1).

[someone123]

I guess there could be more details here but the HRM has a bad history of being inconsistent with developers. The system just doesn't work fairly if people have to play roulette whenever they purchase a piece of property.

Does anybody know what the status is of the other site across Cornwallis? In some ways that would be a good place for another residential development, but it is next to busy Barrington Street and across from the unfortunate sewage plant.

[fenwick16]

Originally Posted by someone123

I guess there could be more details here but the HRM has a bad history of being inconsistent with developers. The system just doesn't work fairly if people have to play roulette whenever they purchase a piece of property.

Does anybody know what the status is of the other site across Cornwallis? In some ways that would be a good place for another residential development, but it is next to busy Barrington Street and across from the unfortunate sewage plant.

I would think that all the heritage groups opposing development and other uncertainties in the HRM area would scare a lot of developers away (especially from the downtown Halifax or South End peninsula area). Is there less risk in developing sites in Dartmouth or the suburbs?.

[DigitalNinja]

Originally Posted by someone123

I guess there could be more details here but the HRM has a bad history of being inconsistent with developers. The system just doesn't work fairly if people have to play roulette whenever they purchase a piece of property.

Does anybody know what the status is of the other site across Cornwallis? In some ways that would be a good place for another residential development, but it is next to busy Barrington Street and across from the unfortunate sewage plant.

And it's next to the halfway house. IMO not the best place for a development right now.

[Dmajackson]

City nixes condo project
Developer paid $1 million for lot, only to learn it’s for a playground
By CHRIS LAMBIE Business Editor
Tue. Mar 30 - 4:53 AM

Peter Polley is sitting on a very expensive Halifax playground but he’s not having any fun.

The developer wants to build a $15-million, 63-unit condominium project on Barrington Street. He paid more than $1 million for the lot last April after performing several checks to make sure it was zoned for high-density development.

"One of the fundamental rules in real estate is that important agreements must be registered so that new property owners are made aware of them," said Polley, president of Polycorp Properties Inc.

But he said a development officer with the city recently ruled the project, dubbed Jazz Condominiums, could not go ahead because the land is supposed to be a playground for the adjacent Ocean Towers highrise on Brunswick Street.

"This is something you would literally see in some banana republic where they have no respect for property rights," Polley said Monday.

He believes the old documents in question that stipulate the land must be a playground didn’t come to light until after he bought the vacant lot.

"It just got buried in the archives and they lost track of it," Polley said of the city.

He’s now appealing the Halifax Regional Municipality’s decision refusing his condo development to the Utility and Review Board.

"HRM confirmed by letter dated Feb. 19, 2009, that the property is zoned multiple dwelling zone (R-3) and that HRM had no records on file respecting the authorized (legal) use of the property. Polycorp Properties Inc. relied upon this letter in completing the transaction to acquire the property," say documents the developer filed with the board.

Mary Ellen Donovan, director of legal services for the municipality, refused to discuss the case Monday.

"The normal position of the city with respect to any litigation is that the matter is before the courts and it’s not appropriate for us to comment," Donovan said. "The UARB falls into that same category."

Polley’s expecting a "no-holds-barred battle" from the city that will be expensive for him to fight.

"Based on the aggressive position that we’ve seen so far, we could chew through $100,000 here relatively quickly," he said.

"But the main thing is it’s more the delay in getting in the ground than the cost. I’m more concerned about the delay."

He also intends to take the Jazz Condos case to Nova Scotia Supreme Court this week.

"We’re looking for a court order to say that the old agreement is not binding on us and that the city cannot try to enforce it using their zoning power," he said.

Polley bought the empty lot from DDP-Brunswick Ltd. That company is related to Mississ-auga, Ont.-based TransGlobe Property Management Services Ltd., which owns the adjacent Ocean Towers.

But TransGlobe didn’t build the towers and they’ve been owned by several entities since they went up 40 years ago.

"For all I know, they didn’t know," Polley said of the playground stipulation.

"We don’t want to sue anybody. We just want to be able to build our building."

Polycorp built the nearby 85-unit Spice Condominiums and the Mont Blanc, which consists of almost 200 apartments and townhouses on Mont Blanc Terrace. It is also working on a 76-house development called Ravenscraig at Fleming Park.

"I’m just frustrated from the point of view of nobody at the city is looking at this saying, ‘How can we make this happen? This is a good developer. Let’s solve the problem here,’ " Polley said.

( clambie@herald.ca )

[halifaxboyns]

Originally Posted by Bedford_DJ

City nixes condo project
Developer paid $1 million for lot, only to learn it’s for a playground
By CHRIS LAMBIE Business Editor
Tue. Mar 30 - 4:53 AM

Peter Polley is sitting on a very expensive Halifax playground but he’s not having any fun.

The developer wants to build a $15-million, 63-unit condominium project on Barrington Street. He paid more than $1 million for the lot last April after performing several checks to make sure it was zoned for high-density development.

"One of the fundamental rules in real estate is that important agreements must be registered so that new property owners are made aware of them," said Polley, president of Polycorp Properties Inc.

But he said a development officer with the city recently ruled the project, dubbed Jazz Condominiums, could not go ahead because the land is supposed to be a playground for the adjacent Ocean Towers highrise on Brunswick Street.

"This is something you would literally see in some banana republic where they have no respect for property rights," Polley said Monday.

He believes the old documents in question that stipulate the land must be a playground didn’t come to light until after he bought the vacant lot.

"It just got buried in the archives and they lost track of it," Polley said of the city.

He’s now appealing the Halifax Regional Municipality’s decision refusing his condo development to the Utility and Review Board.

"HRM confirmed by letter dated Feb. 19, 2009, that the property is zoned multiple dwelling zone (R-3) and that HRM had no records on file respecting the authorized (legal) use of the property. Polycorp Properties Inc. relied upon this letter in completing the transaction to acquire the property," say documents the developer filed with the board.

Mary Ellen Donovan, director of legal services for the municipality, refused to discuss the case Monday.

"The normal position of the city with respect to any litigation is that the matter is before the courts and it’s not appropriate for us to comment," Donovan said. "The UARB falls into that same category."

Polley’s expecting a "no-holds-barred battle" from the city that will be expensive for him to fight.

"Based on the aggressive position that we’ve seen so far, we could chew through $100,000 here relatively quickly," he said.

"But the main thing is it’s more the delay in getting in the ground than the cost. I’m more concerned about the delay."

He also intends to take the Jazz Condos case to Nova Scotia Supreme Court this week.

"We’re looking for a court order to say that the old agreement is not binding on us and that the city cannot try to enforce it using their zoning power," he said.

Polley bought the empty lot from DDP-Brunswick Ltd. That company is related to Mississ-auga, Ont.-based TransGlobe Property Management Services Ltd., which owns the adjacent Ocean Towers.

But TransGlobe didn’t build the towers and they’ve been owned by several entities since they went up 40 years ago.

"For all I know, they didn’t know," Polley said of the playground stipulation.

"We don’t want to sue anybody. We just want to be able to build our building."

Polycorp built the nearby 85-unit Spice Condominiums and the Mont Blanc, which consists of almost 200 apartments and townhouses on Mont Blanc Terrace. It is also working on a 76-house development called Ravenscraig at Fleming Park.

"I’m just frustrated from the point of view of nobody at the city is looking at this saying, ‘How can we make this happen? This is a good developer. Let’s solve the problem here,’ " Polley said.

( clambie@herald.ca )

Very strange - I checked HRM's gis and it is zoned R-3 which does allow apartment buildings, but also allows playgrounds. I'm wondering if there is more to this than what he's saying?

I could see them refusing it if there are safety issues - that parcel is on a bad spot for access!

[Empire]

Originally Posted by halifaxboyns

Very strange - I checked HRM's gis and it is zoned R-3 which does allow apartment buildings, but also allows playgrounds. I'm wondering if there is more to this than what he's saying?

I could see them refusing it if there are safety issues - that parcel is on a bad spot for access!

I hope the developer has some recourse. Having said that, I hope we don't have to endure another eyesore like spice in the adjacent lot.

[spaustin]

The City is being ridiculous. The site in question is a vacant lot with nothing, but a few small trees, grass and a sidewalk on it. There is no playground. Does anyone know if there ever was? This is privately-owned land and there is obviously no legal way to force the current owner to build a playground on the site. The City should either buy the land and build the playground or amend whatever development agreement or zoning law designates this land as a playground so Jazz can proceed. Dragging the developer to court to protect a vacant lot that has no hope of ever becoming public space makes no sense and is a waste of time and money for all concerned.