HomeMy Public PortalAbout2015-05-27_Sherwood_Public_Hearing_AgendaMUNICIPALITY OF THE
DISTRICT OF CHESTER
A G E N D A
PUBLIC HEARING
Proposed Development Agreement between Richburg LP Management Inc. and the Municipality of the
District of Chester to construct thirty-two (32) residential dwelling structures (“vacation residences”) on
properties identified as PID numbers 60408077 and 60146511
27 May 2015, 7:00 p.m.
Chester Municipal Council Chambers
151 King Street, Chester, NS
1) CALL TO ORDER (CHAIRMAN)
a) The Agenda
b) General Rules of Conduct
c) Council’s decision governed by Chester Municipal Planning Strategy
2) REPORT OF THE CLERK
a) Applicant, application date, and nature of application
b) Meetings: Public Information Meeting, Municipal Area Advisory Committee, Citizens Planning
Advisory Committee, Council
c) Documentation: Reports, advertisements, fees paid
i) March 20, 2105 Report – Sherwood Golf & Country Club – Residential Condominium
Development.
ii) May 7, 2015 Supplementary Report – Proposed Development Agreement – Sherwood Golf
Village.
d) Written submissions received:
i) Michele Haddal
3) COMMENTS BY SOLICITOR
4) OVERVIEW BY PLANNER
a) Location and nature of proposal
b) Municipal Planning Strategy
c) Outstanding concerns
d) Recommendations
i) Copy of Draft Development Agreement
5) PRESENTATION BY DEVELOPER
6) COMMENTS BY THE PUBLIC ON THE PROPOSAL
a) Those in favour
b) Those opposed
c) Any other comments
7) CLOSING REMARKS (CHAIRMAN)
a) Next step: decision by Council
8) DECISION OF COUNCIL / DEFERMENT OF DECISION
MUNICIPALITY OF THE
DISTRICT OF CHESTER
CLERK’S REPORT
REPORT TO: Warden and Council
SUBMITTED BY: Pam Myra, Municipal Clerk
DATE: 20 May 2015
SUBJECT: Development Agreement: “Sherwood Golf Village”
ORIGIN: 2015-173: Decision of Council to give notice of intention to enter
into Development Agreement
______________________________________________________________________________________________________________________
(A) APPLICATION DETAILS
Applicant: Richburg LP Management Inc.
Application Date: 18 December 2014
Nature of Application: Request to enter into a Development Agreement with the Municipality to construct
thirty-two (32) residential dwelling structures on properties identified as PID 60408077 and PID 60146511.
(B) MEETING DATES
Public Information Meeting: 16 March 2015
Municipal Area Advisory Committee: 24 March 2015
Citizens Planning Advisory Committee: 13 April 2015
Council: 30 April 2015
2015-173 MOVED by Councillor Myra, SECONDED by Councillor Armstrong that Council give notice of
intention to enter into a Development Agreement with Richburg LP Management Inc. for the construction of 32
residential structures on the Sherwood Golf and Country Club property currently identified as PID 60408077 and
PID 60146511 and set a date for a public hearing. CARRIED.
Supplementary to Council: 14 May 2015 to discuss rationale for prescribed setback from watercourses and
water bodies of 8 metres (26 feet).
(C) DOCUMENTATION
Reports: 20 March 2014 (staff report)
Advertisements:
Progress Bulletin on 11 March 2015 (Public Information Meeting notice)
Progress Bulletin on 13 May and 20 May 2015 (Public Hearing Notice)
Notification of Public Information Meeting:
Property owners to 150 metres (500 feet) of the subject properties by addressed mail;
Property owners within Postal District by printed flyer.
Notification of Public Hearing:
Property owners to 150 metres (500 feet) of the subject properties by addressed mail.
Fees paid:
By cheque on 19 December 2014
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Page 2
(D) WRITTEN SUBMISSIONS RECEIVED
Michele Haddal, via e-mail, 15 April 2015
Prepared BY: Bill DeGrace Date: 20 May 2015
Reviewed BY: Pam Myra Date:
Authorized BY:
MUNICIPALITY OF THEDISTRICT OF CHESTER
REPORTREPORT TO Mary Ellen Clancey, Chair, and members of the Municipal AreaAdvisory CommitteeWarden Allen Webber, Chair, and members of the CitizensPlanning Advisory CommitteeSUBMITTED BY Bill DeGrace, Senior PlannerDATE23March 2015SUBJECTPublic Information Meeting for Sherwood Golf VillageORIGINCouncil direction to host Public Information Meeting______________________________________________________________________________________________________________________
CURRENT SITUATION:Richburg LP Management Inc. have made application to the Municipality to construct 32 vacationresidences at the Sherwood Golf and Country Club.This request requires a Development Agreementbetween the applicant and the Municipality.Council, at a meeting dated 26 February 2015,directedstaff to host a Public Information Meeting before consideration of the application by the advisorycommittees and Council.
RECOMMENDATION:To receive this report as information.
BACKGROUND:The proposal involves the construction of 32 dwellings on a lot within the Sherwood Golf and Count ryClub. To achieve this, the proponents will consolidate two lots within the golf course, and subdivideexisting cottages as separate lots. The 32 dwellings will function as a bare land condominium. Theproject includes ancillary recreational amenities and a realigned and upgraded portion of Sherwoodroad.
DISCUSSION:The Public Information Meeting was held on Monday evening,16 March 2014 at Bonny Lea Farm,beginning at 7:00 p.m.It was hosted by the undersigned and Garth Sturtevant of the CommunityDevelopment Department, with Ged Stonehouse, consultant for the Developer, as presenter. TheCouncillor for District 7, Sharon Church-Cornelius, attended. About a dozen people attended. Conceptand site plan information was on display.After a short introduction by staff, the consultant gave a short Power-point presentation. The ensuingquestions/comments were as follows:
Do you plan to build all units right away, or phase the development?Two model homes are anticipated (1800-3500 sq. ft.) and the developer will base the rest on demand.
Will the properties be permitted to be rented out on a short term basis?No,the development is intended to be for private owners with no rentals.
Will the houses be locally-built?They will be custom-built using local trades.
Will there be restrictive covenants on design?There will be basic requirements on size, shape and acceptable exterior materials.
How many owners of the Golf Course will there be?There will be 33 owners –the 32 vacation residences plus one more.The intent is that it would stillbe a public golf course. The owners could decide, however, to limit groups or types of events.
What about the water table, water resources and services?How will this affect water resources
for full-time residents in the area?This will be based on the hydrologist’s report, but advance knowledge is that there are sufficientresources and there will be drilled wells. There may in some circumstances be shared wells. Clustersystems will be primarily used for sewage. Roads will be to municipal specifications.
What recourse do residents have if there are water problems as a result of the development?Dept. of Environment has to approve the systems and there should not be any issues.
I am concerned about our history and heritage.This is a small settlement that will be quadrupled
in size.The tradition of building homes in a natural setting would continue with this development.
How much acreage of forest cover will be lost?Residents want plenty of tree cover and removal will be minimal. About 1/8 acre per dwelling.
Is there an impact on wetlands and watercourses?There are requirements to be set back from wetlands and watercourses.
Users of the golf course are littering our road. We have called the owners about this. We need a
good neighbour policy.We recognize this as an issue throughout Nova Scotia. Perhaps maintenance staff could be morevigilant in this regard.
What about pesticides, herbicides, fertilizers and storage of hazardous materials?The province legislates the use and handling of chemicals. Golf course uses as little of this product aspossible.
Is anyone looking at the “green”possibilities of this proposal, e.g. green stewardship, passive solar
heat etc.?The designer,Ekistics, has designed a layout that maximizes existing forest cover. Other greeninitiatives will be up to the homeowner.
Can we have a list of contacts in the company to call when we have concerns?Ged Stonehouse will be the primary contact.
How close is the preliminary road layout to being how it will actually be?We are fairly close now as we are at the first level of engineering drawings.
What are the co-ordinates of dwellings 31 and 32 (most northerly and closest to wind farm)?The Consultant advised to use the proximity of the units to a nearby pond.
We are concerned about speeding on the road (they had petitioned to bring it down to 50 km/hr),
and there is now a light at the end of the road where it meets Hwy 14.We understand this is an enforcement issue.
Will the road upgrade impact the waterway?Dept. of Environment regulates this.The meeting was adjourned at approximately 8:20 p.m.
Prepared BY Bill DeGrace / Garth Sturtevant Date 23 March 2014Reviewed BY Tara Maguire DateAuthorized BY Date
MUNICIPALITY OF THEDISTRICTOF CHESTER
R E P O R T
DATE:20 March 2015TO:Mary Ellen Clancey,Chair,Members of the Municipal Area AdvisoryCommitteeFROM:Garth Sturtevant, Building and Development AssistantDEPARTMENT:Community DevelopmentSUBJECT:Sherwood Golf & Country Club –Residential Condominium Development
BACKGROUNDRichburg LP Management Inc. is seeking to construct a vacation village of thirty-two (32)residentialhomeson lands that currently include the Sherwood Golf Course, located in the community of Sherwood.The land is within the General Basic (GB)zone (Maps 1 and 2).
MAPS1.Site Context2.Existing Land Use3.Site Plan
DISCUSSION
1.Site description and surrounding land usesThetwoparcelsof land for the proposed development are, taken together,approximately 129 hectares(319 acres)in area.There is an existing 18 hole golf course with ancillary club facilities, ten vacationcottages and two guest cottages on the site.Residential development in the surrounding area is limited .The Province operates Card Lake Provincial Park nearby.The majority of the surrounding uses areresidentialalongside forestry, Christmas tree cultivation and small-scale agricultural uses.However,the Kaiser Meadow Environmental Management Centre is approximately 5km to the east of theproposed development. Additionally, the South Canoe Wind Project is located to the north -west of thegolf course.The topography is typical of Lunenburg County:forest-covered land with primarily gentle slopes,where local drumlins influence the pattern of drainage via streams and wetlands.The surroundingareaischaracterizedaswoodlandwithsettlementaroundlakefrontsandalongthe maintransportation corridor,Highway #14.
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2.Project historyThe Sherwood Golf and Country Club has been in existence for over 20 years. Originally created as aprivate course, there has been a gradual shift over the past number of years, beginning with corporateevents and outings, to recently being opened to the public via greens fees.The existing developmentincludes 10 cottage rental units and 2 private guest cottages.The site is accessed via Sherwood Road,which is provincially owned. However,the improvement andmaintenance of Sherwood Road to provide access to the site is in question. Staff understand that thedeveloper is in discussions with the Department of Transportation and Infrastructure Renewal toclarify the improvement and maintenance of the road segment from which the project will requireaccess.
3. The proposalThis development is intended to complement the existing golf course with the addition of 32 residentialstructures. There are currently 10 vacation cottages and 2 guest cottages at the site.Staff understand thedeveloper intends to subdivide the lot in the future to separate the existing cottages onto their ownparcels. However,this development agreement will contemplate the existing residential development inaddition to the new vacation homes.A condominium corporation is planned and will be made up of theowners of the new 32 structures. This corporation will be responsible for the maintenance and upkeepof the golf course.The development is expected to be primarily a summer-seasonal recreation community, but it is possiblethat a number of owners will occupy residences in winter or even year-round.The developer hasproposed a number of recreational amenities for the development including basketball and shuffleboardcourts, fire pit and amphitheatre.Map 3 shows the plan in its entirety.Under Section 6B.1.1 b (iv) of the Chester Municipal Land Use By-law, residential developments in excessof12 dwelling units on any lot of land are permitted only by Development Agreement.Section 7.8.6 of the Chester Municipal Planning Strategy establishes the policies for the General Basic Zoneregarding Development Agreements and states they are subject to Policies 8.0.4, 8.0.5 and 8.0.6. Theproposed development is subject only to 8.0.4 and 8.0.6. The proposed development is not subject toPolicy 8.0.5 because there is no component of the development that is Commercial, Industrial orInstitutional. The commercial Golf Course is already in existence and therefore the provisions of 8.0.5 arenot applicable.This report examines the proposed use in the context of policies contained in the MunicipalPlanningStrategyandprovisionsoftheLandUseBy-law.
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4. AnalysisTheanalysis of this proposal is based the criteria for Development Agreements as describedinSection 8.0.4 and 8.0.6 of the MPS.
MPS
CRITERIA
POLICY 8.0.4
PROPOSAL
a)the proposal conforms to
the intent of the
M unicipal Planning
Strategy.
Official policy with regard to the proposed development is contained inSections6.1.4, 6.1.6 and Section 7.8 of the MPS (Appendix 1).Policy 6.1.4 states that “It is the intention of Council to control land use and development
to the minimum extent necessary to ensure that major developments are compatible with
existing land use and with the intent of the Municipal Planning Strategy.”Policy 6.1.6 states that “It is the intention of Council to encourage land use and development
in a manner that will preserve, enhance, and protect the natural environment and the living
environment of the District of Chester.”General Land Use policies in Section 7.8 have been established to maintain aframework of land use control for areas of the Municipality where morerestrictive zoning has not been requested by residents. Council intends toregulate only large or potentially disruptive developments through Site PlanApproval or Development Agreement.Policy 7.8.6 states:7.8.6 Within the General Basic Zone established by Policy 7.8.1 any residential building
containing more than twelve (12) dwelling units and the construction of more than twelve
(12) dwelling units on any lot of land are developments permitted only by development
agreement, in accordance with Policies 8.0.4, 8.0.5, 8.0.6 (a) to (i). Any such development
shall not exceed 12 dwelling units per hectare (5 per acre).The project site is a total of 129 hectares (319 acres). Given the existing 10vacation cottages and 2 guest cottages, the addition of 32 new residential unitswill bring the total number of dwellings on the site to 44 units. This gives adensity for the entire site of 0.34 units per hectare (0.14 units per acre)The proposal is consistent with the intent of the MPS and will add residentialunitsto the existing golf course, to create a residential community. As the golfcourse is pre-existing, the proposal will have very little impact on the naturallandscape, and is not likely to create any negative impacts given thesurrounding rural character.
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b)the proposal conforms to
the applicable
requirements of all
M unicipal By-laws,except
where the application is for
a development agreement
when the Land Use By-law
requirements need not be
satisfied.
Land Use By-LawOfficial policy with regard to the proposed development is contained in Sections6B.1.1 (b) (iv) Land Use By-law (Appendix 2).Residential developments of more than 12 dwellings per lot are permitted onlyby development agreement within the General Basic (GB) zone.The GeneralBasic zone does not have specific zone standards on lot size or setback fromproperty boundaries, therefore any development would be required only to becontained within the property boundary upon which it is located.Through discussions with the Developer, staff have been made aware that 32vacation homes are planned to be constructed on the existing golf course.Withatotal lot area of approximately 129 hectares (319 acres),the project has anoveralldensityof0.34 units per hectare (0.14 units per acre).
c)the proposal is not premature or inappropriate due to:
i)financial ability of
the Municipality to
absorb costs related
to the development;
No major costs to the Municipality related to this development are anticipated.The proposed development would be serviced by a series of on -site septicsystemsand wells, with the potential for shared systems and wells in some cases.As the shared systems would be servicing less than 4 lots, the Municipality wouldbe under no obligation to take over maintenance or ownership of the systems.The only expected increased cost to the municipality as a result of the newvacation homes is due to the new residential structures requiring solid wastecollection.The golf course already receives this service. However, the increasednumber of residential structures will likely increase the waste output from thesite.
ii)adequacy of
Municipal services;
There are no municipal water or sewer services provided for the existing golfcourse.It is anticipated that the proposed residential development will beservedbyprivateindividualorprivatesharedwellsand on-site sewage disposalsystems.Municipal services also include solid waste collection, fire and policeservices which would have to be extended to the new residents.
iii)the adequacy of
physical site
conditions for on-site
services;
Based on information obtained from Nova Scotia Natural Resources andCanada’s National Forest Information system, the site is composed mainly of welldrained soils ranging from course to fine texture. The topography is a mix ofsmall rounded hills with the majority of slopes less than 15%.A report provided by the developer, dated February 6, 2015 prepared byOceanside Design & Inspection Services outlines a potential servicing plan foreach of the 32 new residential units. The report states that subject to limitationslisted in the report, it is feasible to provide on-site waste water disposal to all ofthe proposed residential units using conventional designs and to receiveapproval from Nova Scotia Environment.Approval from Nova Scotia Environment will be required for any on-site septicsystems.
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iv)creation or worsening
of a pollution problem
including soil erosion
and siltation;
Given that the golf course is an existing commercial use, staff do not foresee theresidential development of 32 vacation homes having a significant impact onpollution, or erosion of soils. The existing forest cover consisting mainly ofconiferous and mixed wood stands is expected to help control erosion and theDeveloper has indicated that they intend to retain much of the existingvegetation to provide privacy for the new residential units.
v)adequacy of storm
drainage and effects of
alteration to drainage
patterns including
potential for creation
of a flooding problem;
There is an existing water course and several artificial ponds within the site. Toensure that any alteration does not result in flooding or siltation intoneighbouring water courses and water bodies. Staff understand the Developeris having a storm drainage plan prepared for submission.A grading plan will berequiredto be submitted as part of the development agreement.
vi)adequacy and
proximity of school,
recreation,emergency
services,and other
community facilities;
There are on-site active and passive outdoor recreation facilities indicated in theproposal and plans submitted. These include: tennis courts, pool,basketballcourt,shuffleboard and a small amphitheatre.Additionally, the developer is proposing a series of walking or cycling trails of upto 3km that may connect to or utilize parts of the existing golf cart paths.Additional community facilities may be sought in Chester and Windsor.Fire services and an EHS depot are both located in Chester.
vii)adequacy of street
networks and site access
regarding congestion, traffic
hazards and emergency
access;
The site is accessed by an existing, Provincially owned road (Sherwood Road).The Developer is in discussions with Transportation and Infrastructure Renewalto ensure maintenance of the road to the project site.Written comments fromTransportation and Infrastructure Renewal will be required to confirm access andmaintenance of Sherwood Road.Within the site, residential units will be accessed by a network of privatedriveways(6m width) terminating in several cul-de-sacs.Private driveways arenotregulated by the Municipality. However, future subdivision of the propertywould require that each new lot adhere to the provisions of the Subdivision By -law and meet all access and frontage requirements.
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viii)adequacy of on-site
water supply for
domestic consumption
and for fire -fighting
purposes;
A report provided by the developer and dated February 14, 2014 prepared byEarth-water Concepts Inc. indicates the well yields in the project area appear tobe at or above average for wells drilled into granite. The report suggests thatwells drilled at the site should be sufficient to support at a minimum,a singleresidential unit and potentially multiple units per well. The report did notinclude field work which may be required to confirm adequate ground watersupply.The Developer has met with the local Chester Fire Department to discussemergency access to the site. A summary of the meeting has been provided tostaff. Turn around points were deemed acceptable and the proposed location ofa dry hydrant was received positively. There was some co ncern regarding watersupply for firefighting to the northern section of the development. TheDeveloper has committed to investigating the installation of a pressurizedhydrant (summer only). The location of this proposed second hydrant wouldsatisfy the concerns raised.Written comments from the Chester FireDepartment will be required to confirm that the proposed development canreceive emergency services.
ix)inadequate separation
from watercourses or
inadequate separation
from the ocean
shoreline;
The site plan submitted to staff shows the proposed residential development tobe set back from water courses and water bodies by approximately 10 metres.To ensure compliance, staff will add language to the development agreementrequiring a minimum buffer of 8 metres to be maintained between newdevelopment and all existing water courses.This setback is consistent withother rural zone setbacks from watercourses.
x)proximity to areas of
high archeological
potential as identified
on provincial
government mapping
The Nova Scotia Department of Communities, Culture and Heritage,which is therepositoryofprovincialgovernmentheritageresourcemapping, indicates thatthere are no recorded archaeological sites directly within the subject property.However, a recorded site does exist “fairly close by.”The Department generallyrecommendsa professional archaeological resource impact assessment prior todevelopment taking place.
d)the development site is
suitable regarding
grades,soils,geological
conditions,location of
watercourses,flooding,
marshes,bogs,swamps,
and susceptibility to
natural or man-made
hazards.
The location and physical conditions of the site appear to support the proposeddevelopment. The surficial geology is a mix of course to fine grained soils withhummocks, drumlins and flutes being the prominent geological features. Slopesgenerallydo not exceed 15%and the remaining forest cover is primarilyconiferous and mixed wood.
e)all other matters of
planning concern have
been addressed.
No other matters.
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MPS
CRITERIA
POLICY 8.0.6
PROPOSAL
a)any residential building is
located on a site that is not
subject to nuisances or a
degraded living
environment caused by
existing land use activities.
Existing land use activities include residential, woodlot management, outdoorrecreational activity in the nearby Provincial Park and on private land, the SouthCanoe wind farm to the north/north-west, and the Kaiser Meadow EnvironmentalManagement Centre to the east. Residential use, woodlot harvesting andactivities associated with active recreation and a rural lifestyle such as hunting,fishing and trail-riding typically occur in this environment.With regard to the South Canoe Wind Farm, a minimum distance of 1.2 kilometreswas set between turbines and residences existing as of October 15, 2012.Thisterm and condition does not apply to any residential development occurring afterthat date.As depicted, the northernmost dwelling of the proposed development islocated 1.43 km from the wind turbine closest to the property.Additionally, nowind turbine shall be constructed within 200 metres of any adjacent third partyboundary.At this site, ongoing maintenance activity is expected.With regard to the Kaiser Meadow site, prevailing winds and the surroundingwoodland generally prevent undue noise, dust or odours from reaching this areaand any nuisance along these lines is expected to be minimal.The development ofthe Kaiser Meadow site as a business park will continue to follow best practices inenvironmental management.
b)the development shall
include usable outdoor
recreation space that is
suitable for erection of
playground equipment, or
for other active and
passive recreational uses;
The proposed development is intended as a vacation and/or active lifestylecommunity. The development will include both structured and passive recreationopportunities. The existing golf course will provide opportunities to residents andthe public. Additionally, the developer is proposing facilities such as swimmingpool, basketball courts, shuffleboard, amphitheatre and expanded walking/cyclingtrails which may connect into the existing cart paths.The large project site will also allow for future expansion to recreationalopportunities and the undeveloped forested landscape will provide passiverecreation activities in its current state.
c)the site shall be
landscaped with trees,
shrubs, lawns, fences, and
hard surfaced walkways,
as necessary to create a
residential living
environment;
Given the existing golf course, the majority of the project site is alreadylandscaped. Through discussions with the Developer, staff understand theentranceway to the golf course will receive some landscaping. Individual homesmay also receive minor landscaping but the intent is to retain and utilize as muchof the natural vegetation as possible to create private residences.Staff understand the Developer intends to provide refuse collection within the siteto each residential unit. Screening is not anticipated for refuse and will becollected in a central location in a dumpster(s).
d)sufficient parking and
adequate safe access to
parking lots shall be
provided for residents and
guests;
The site plan shows a parking lot for guests adjacent to the main entryway to thesite.Staff do not anticipate issues with providing adequate space for parking ofboth residents as well as visitors to the development.There are no anticipated concerns with parking on the site for the residents orpatrons of the golf course.
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e)all areas intended for
vehicular traffic shall be
surfaced with materials
that remain stable and
dust free during all
seasons and shall allow for
adequate drainage and
snow removal;
The private roads within the project site will be gravel surfaces. Cart paths andrecreational trails will also be primarily gravel with some paved sections.
f)fencing or screening of
driveways, parking areas,
or recreational areas shall
be required where
activities or conditions in
these areas would
diminish the privacy and
enjoyment of abutting
residential uses;
The intent of the Developer is to create private residences within the existing golfcourse. This will be accomplished by retaining existing vegetation and utilizingsignificant separation distances between dwellings as shown on the site plan.
g)the traffic resulting from
the development will
neither create undue
traffic hazards. Traffic
congestion, or pedestrian
hazards., nor unduly
degrade the accustomed
environment of existing
residential uses;
There will be an increase in traffic during construction but staff is proposing aprovisionin the Development Agreement to limit days and hours of constructionactivity.
h)where municipal sewer
services are not available,
Council shall be satisfied
that any requirements for
on-site sewage disposal
systems have been met
and a permit has been
obtained to install such a
system;
The on-site sewage disposal system described in this policy analysis under 8.0.4 c(i) will be subject to Department of Environment approval.
i)the building or buildings
shall be compatible with
adjacent and nearby
buildings in terms of
design, architecture, roof
shape, bulk, height, scale,
window and door design
and exterior cladding
materials;
The developer has provided architectural renderings to illustrate the type ofresidences contemplated.These are large residences with exposed timbers andrubble stone masonry which together give a highly rustic effect.These residenceswill be isolated from one another, standing alone in green space with substantialvegetative buffers.They will be mutually compatible, but given their separationfrom each other and from neighbouring buildings, need not meet a test ofcompatibility in the same sense as that required for a suburban subdivision.
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CONCLUSIONThe proposed development of 32 new residential units on the site of an existing golfcourse is in keeping with the intent of the Municipal Planning Strategy as it relates to theGeneral Basic Zone. No major costs to the Municipality or other obstacles are apparent.
RECOMMENDATIONThattheMunicipal Area Advisory Committee recommend to the Planning Advisory Committee torecommend to Council that a Development Agreement for 32 new residential structures be prepared.
Garth SturtevantBuilding and Development Assistant
j)the development density
on the subject lot shall not
exceed twenty (20)
dwelling units per acre;
The proposed development is well below the allowed density.
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APPENDIX 1
Municipal Planning Strategy Extracts
6.0 INTENT AND METHOD
6.1 INTENT
In 1995-96 Council had requests from five separate areas for municipal control over land use.
Instead of adopting five separate By-laws,Council agreed to draft:a By-law which would contain all the
necessary elements,but would be applied only in those areas which requested it.In addition,in 2002,in
response to a request for land use control at Mill Cove Park,Council agreed to amend the Municipal
Planning Strategy and Land Use Bylaw to incorporate specific policies and bylaw provisions tailored to
the development issues and opportunities at Mill Cove Park.In 2003,Council responded to pressures
throughout the Municipality by adopting basic land use controls which apply throughout the whole
Municipality.
The following policies express Council's policies for the control of land use within the District of
Chester:
6.1.1 It is the policy of Council to refrain from imposing detailed land use control through a Land Use
By-law on any part of the District unless that part of the District specifically requests Council for
land use control that is more restrictive than the general basic zoning in place throughout the
District.
6.1.2 Notwithstanding Policy 6.1.1,Council may apply the appropriate provisions of the Planning
Strategy and the Land Use By-law on its own initiative where Council deems that such land use
control is in the best interests of the community and of the Municipality.
6.1.3 It is the intention of Council to control land use and developments in a manner that will
minimize conflicts between land uses and in a manner that is compatible with the existing pattern
of land use in the District of Chester.
6.1.4 It is the intention of Council to control land use and development to the minimum extent
necessary to ensure that major developments are compatible with existing land use and with the
intent of the Municipal Planning Strategy.
6.1.5 It is the intention of Council to control land use and development in a manner which is
compatible with the adequate provision of public services.
6.1.6 It is the intention of Council to encourage land use and development in a manner that will
preserve,enhance, and protect the natural environment and the living environment of the District
of Chester.
6.1.7 It is the intention of Council to encourage land use and development at Mill Cove Park in a
manner that will preserve,enhance,and protect the natural environment and the living
environment as well as encourage the specific residential,commercial,and institutional
development potentials unique to that area.
6.2 METHOD
In order to carry out the intentions and purposes set out in Subsection 6.1,Council adopts the
following policies.
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6.2.1 The Land Use By-law adopted in accordance with this Municipal Planning Strategy applies to the
whole of the District of Chester.
6.2.2 The Land Use By-Law for the District of Chester,prepared and adopted by Council in
conjunction with this Municipal Planning Strategy,is a primary control mechanism for land use
and development, through which the intent of this Planning Strategy is put into effect.
6.2.3 As set out in Section 10 of this Municipal Planning Strategy,the existing Planning Strategy and
Land Use By-law for the Chester Village area will be retained in their present form as a
Secondary Planning Strategy and Land use By-law.
6.2.4 As set out in Section 7.7 of this Municipal Planning Strategy,special planning policies and zoning
provisions will be established to address the specific development issues and opportunities at Mill
Cove Park.
7.8 GENERAL LAND USE
Most areas in the District of Chester have not asked Council to review the land use
patterns in their area and provide specific detailed zoning.In these areas,Council intends to
regulate those very large or potentially disruptive industrial developments which require an
environmental assessment in accordance with the Environmental Assessment Regulations
under the Environment Act.In those areas,Council also intends to regulate certain
disruptive land uses,including those subject to regulation under the Environment Act and
others identified by community groups.
To carry out this intention Council adopts the following policies :
7.8.1 All areas of the District of Chester which are not subject to other designations in this
Municipal Planning Strategy are designated as General Land Use@ areas within which
the land uses which are regulated are those land uses which require an
environmental assessment under the Environmental Assessment Regulations@ as well
as certain other major disruptive land uses and to establish in the Land Use By-law a
corresponding General Basic Zone.
7.8.2 Within the General Basic Zone established by Policy 7.8.1,those land use which require
an environmental assessment under the Environmental Assessment Regulations@ and
those certain land uses contained in a Schedule to the Land Use By-law based on
the Provincial Activities Designation Regulations@ are permitted only by Development
Agreement in accordance with Policies 7.8.5,8.0.4 and 8.0.5.
7.8.3 Within the General Basic zone,any residential building containing more than four (4)
dwelling units and the construction of more than four (4)dwelling units on any lot of land
are developments permitted only through the site plan process in accordance with Policies
7.8.5 and 8.0.11,but subject to Policy 7.8.6.
7.8.4 Within the General Basic Zone established by Policy 7.8.1 but only on the properties
associated with the Oak Island Resort (36 Treasure Drive, Western Shore,PID 60411089
and adjacent properties),expansions of the existing buildings, new commercial
developments,and residential developments exceeding a density of 12 dwelling units
per hectare (5 per acre)may be considered by development agreement in accordance
12
with Policies 8.0.4,8.0.5,and 8.0.6 (a)to (i).Any such development shall not exceed 35
dwelling units per hectare (14 per acre).
7.8.5 Within the General Basic Zone established by Policy 7.8.1,any development within 3200 metres of
the radio antennae at Canadian Forces Base Mill Cove as shown on Map 1, shall be referred to
the Department of National Defence for comment on the effect of the development on the
operation of the Base.
7.8.6 Within the General Basic Zone established by Policy 7.8.1 any residential building containing
more than twelve (12)dwelling units and the construction of more than twelve (12)dwelling
units on any lot of land are developments permitted only by development agreement,in
accordance with Policies 8.0.4,8.0.5,and
8.0.6 (a)to (i).Any such development shall not exceed 12 dwelling units per hectare (5 per acre
13
APPENDIX 2
Land Use By-law Extracts
PART6B GENERAL ZONES
6B.l GENERAL BASIC ZONE
6B.1.1 Permitted Developments
a)Developments for which no development permit is required
i)All developments other than those listed in Clauses (b) and (c)
below. b)Developments permitted only by Development Agreement
(i)All commercial and industrial developments listed in Schedule C according to the
provisions of Municipal Planning Strategy Policy 7.8.2.
(ii)All commercial and industrial developments listed in Schedule D according to the
provisions of Municipal Planning Strategy Policy 7.8.2.
(iii)Expansion of existing buildings,new commercial developments,and new
residential developments in excess of 12 dwelling units per hectare (5 per acre)but
not to exceed 35 dwelling units per hectare (14 per acre)on the properties at 36
Treasure Drive,Western Shore according to the provisions of Municipal Planning
Strategy Policy 7.8.4.
(iv)Residential developments in excess of 12 dwelling units per structure or 12 dwelling
units on any lot of land,with a density not exceeding 12 units per hectare (5 per acre).
c)Developments permitted by site plan
In accordance with Municipal Planning Strategy policy 7.8.3,but subject to Municipal Planning
Strategy Policy 7.8.6,the following residential developments are permitted only through the site
plan process in accordance with Section 4.4.10 above:
i)Dwellings containing more than four
dwelling units;
ii)The development of more than four dwelling units on any lot of land.
C
a
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L
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Sou th Can oe Lake
W h i t n e y
L a k e
K a i zerMeadowRd
S h e rwood Rd
H
i n g l e y
R d
H i l b erAve
New Ru s s e l l R d
Ar
m
strongRd
H i g h w a y 1 4
Canaan
Leville
NewRussell
WindsorRoad
EastRiver
Sherwood
Seffernville
Halifax Regional Municipality
Municipality of the District of Chester
H a l i f a x R e g i o n a l M u n i c i p a l i t yMunicipality o f t h e D i s t r i c t o f W e s t H a n t s
Municipality of the District of Chester
Municipality of the District of West Hants
MUNICIPALITY OF THE DISTRICT OF CHESTER
Map 1: Sherwood Golf and Country Club Context
1,500 0 1,500750
Metres
Scale: 1:70,000
Sources:Digital Base Map Data from ServiceNova Scotia and Municipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRSZONE 20N
Map Disclaimer:Information shown on these drawings iscompiled from numerous sources and may not be complete or accurate. The Municipality of the District of Chester isnot responsible for any errors, omissionsor deficiencies in these drawings. Actual Map Size: w 8.5" x h 11"
Representation of "MODC in Nova Scotia"Scale: 1:17,000,000
South Canoe Wind Farm
Kaizer MeadowLandfill and EcoPark
Sherwood Golf& Country Club
Wind Turbine
Roads
Municipal Boundary
Water
Digital Folders and File Name:Development Agreement Case Files\Chester Municipality\2015\CM_DA_2015_010_Sherwood Golf Course_IN PROGRESS\Maps"SherwoodGolfContext"
From Date: 2015/03/12
To Date: n/a
Date Printed: 2015/03/16
Map 1
CardLake
WhitneyLake
H i g h w a y 1 4
Sherwood Rd
MUNICIPALITY OF THE DISTRICT OF CHESTER
Map 2: Zoning and Land Use for Sherwood Golf Village and Area
400 0 400200
Metres
Scale: 1:20,000
Sources:Digital Base Map Data from ServiceNova Scotia and Municipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRSZONE 20N
Map Disclaimer:Information shown on these drawings iscompiled from numerous sources and may not be complete or accurate. The Municipality of the District of Chester isnot responsible for any errors, omissionsor deficiencies in these drawings. Actual Map Size: w 8.5" x h 11"
Representation of "MODC in Nova Scotia"Scale: 1:17,000,000
General Basic
Proposed locationfor Sherwood GolfVillage
Wind Turbine
Roads
Property Boundary
Water
Digital Folders and File Name:Development Agreement Case Files\Chester Municipality\2015\CM_DA_2015_010_Sherwood Golf Course_IN PROGRESS\Maps"SherwoodGolZoning"
From Date: 2015/03/12
To Date: n/a
Date Printed: 2015/03/16
Classification #: n/a
Project ID: n/a
Status: Exists
General Basic
Map 2
2
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0 40 80
1:2000
1 Starr Lane, Dartmouth, NS B2Y 4V7
902.461.2525 www.ekistics.net
GENERAL NOTES:
1. PROPOSED PROPERTY BOUNDARIES ARE
PRELIMINARY ONLY. (REQUIRES FINAL SURVEY)
2. VACATION HOME LOCATIONS ARE
PRELIMINARY ONLY.
3. EMERGENCY VEHICLE TURN AROUND
POINTS TO BE PROVIDED.
CONDO CORPORATION #3
GROUP B COTTAGES
(NEW PID)
CONDO CORPORATION #2
GROUP A COTTAGES
(NEW PID)
EXISTING
ESTATE HOME
ESTAT
E
H
O
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N
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W
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DRY HYDRANT
FIRE TRUCK
TURNAROUND
EXISTING
COURTS
EXISTING REC. CENTER
PROPOSED FIRE PIT,
AMPHITHEATHRE &
SWIMMING POOL
BASKETBALL &
SHUFFLE BOARD
COURT
SINGLE VACATION
COTTAGE C (NEW PID)
EMERGENCY
VEHICLE
TURNAROUND
SINGLE VACATION
COTTAGE D (NEW PID)
CONDO CORPORATION #1
SHERWOOD GOLF VILLAGE
INCLUDES: PID 60408077;
AND, PID 60146511
LESS 12 COTTAGES
CONDO CORPORATION #1
SHERWOOD GOLF VILLAGE
INCLUDES: PID 60408077;
AND, PID 60146511
LESS 12 COTTAGES
CONDO CORPORATION #1
SHERWOOD GOLF VILLAGE
INCLUDES: PID 60408077;
AND, PID 60146511
LESS 12 COTTAGES
CONDO CORPORATION #1
SHERWOOD GOLF VILLAGE
INCLUDES: PID 60408077;
AND, PID 60146511
LESS 12 COTTAGES
HOLE #1
HOLE #2
HOLE #3
HOLE #4
HOLE #5
HOLE #6
HOLE #7
HOLE #8
HOLE #9
HOLE #10
HOLE #11
HOLE #12
HOLE #13
HOLE #14
HOLE #15
HOLE #16
HOLE #17
HOLE #18
m
LEGEND:
- 5m MAJOR CONTOUR INTERVAL
- 1m MINOR CONTOUR INTERVAL
- EXISTING PROPERTY LINE
- PROPOSED PROPERTY LINE
- EXISTING BUILDING
- PROPOSED BUILDING
- EXISTING ROAD TO BE UPGRADED
- PROPOSED ROAD
- EXISTING GOLF CART PATH
- PROPOSED DRIVEWAYS
- 9m POND BUFFER
Map 3
MUNICIPALITY OF THEDISTRICT OF CHESTER
SUPPLEMENTARY REPORTREPORT TO Tammy Wilson, CAOSUBMITTED BY Bill DeGrace, Senior PlannerDATEMay 7,2015SUBJECTProposed Development Agreement: Sherwood Golf VillageORIGIN2015-173:Decision of Council to give notice of intention to enter intoDevelopment Agreement
2015-174: Decision of Council to set Public Hearing Date______________________________________________________________________________________________________________________
CURRENT SITUATION:Council, at its meeting of April 30, 2015, decided to give notice of its intention to enter into aDevelopmentAgreement with Richburg LP Management Inc.to allow for the construction of thirty-two(32)residential structures on the Sherwood Golf and Country Club property .Noting that one of the concerns expressed by residents at the Public Information Meeting was aboutwatercourses,Council sought clarification, prior to the Public Hearing,about the 8-metre (26-foot)setback from water bodies,given that a 15-metre (50-foot) vegetative buffer is required in the case ofthe“Aspotogan Ridge”golf course development.
RECOMMENDATION:Retain the existing 8-metre (26-foot) setback standard.
DISCUSSION:This matter warrants a comparison of the two golf course developments and the correspondingapplication of setbacks and buffers:
“Aspotogan Ridge”
This is a new course nearing completion.There are pockets of wetlands and watercoursesthroughout the area. Most watercourses drain into nearby Fox Point Lake and Farm Lake.
The 50-foot vegetative buffer is listed as a “special requirement” in the MCP-SR and MCP-RRzones.Under this provision,no structure shall be erected,and no person shall cut or removenatural vegetation,within 15 metres (50 feet) of any water body.The origin of this requirementis the Land Use Development Plan,prepared for the Municipality in 1999 by Sperry and Partners.Its intent was to protect undeveloped wetlands and flow channels.This intent is reflected inchangesto the Municipal Planning Strategy and the Land use By-law.
The rationale for the buffer requirement is that the land has existed in its natural state(notwithstanding the fact that some portions were already cleared),and the wetlands andstreams need protection from new development, which is relatively intense (500± units in thewhole development).Neither the golf course nor any other use may occupy these areas.
“Sherwood Golf Village”
What is currently known as the Sherwood Golf and Country Club has existed for over twentyyears. Its ponds, fed by a wetland area north of the golf course,are all man-made,and the mainpond at the north end is bordered by manicured fairways and golf greens.The main pond isalsobordered by dirt roads and cart paths,and is the location of the dry hydrant. A natural
stream runs southward from this pond.It is joined by a smaller stream that originates onneighbouring land to the south-east, and which is seasonal (dries up in summer).Much of thestream areas are subject to selective thinning of trees and undergrowth because they areessentially part the managed landscape of the golf course.
The site plan for the Sherwood Golf Village shows the approximate location of the thirty-tworesidential structures.Most are set back well over 15 metres from water bodies. Dirt roadsappear to skirt ponds in a two places, and dirt roads and cart paths cross the stream in placesas well.
Staff believes that the application of setbacks and buffers should occur on a site-specific basis,given that the features and characteristics of each development site will vary. Staff consideredthatthe Sherwood golf course is a prior existing use within a managed landscape where“natural” characteristics are already compromised. Therefore, staff applied a setback of 8metres (26 feet) from watercourses and water bodies. This is the same standard applied torural lands in Chester District that are designated and zoned Residential.Staff believes thisstandard to be a reasonable setback for new structures in this case.No structure may be builtwithin this setback.Staff predicts that the application of a 15-metre (50-foot) vegetative buffer to all water bodies in“Sherwood Golf Village”development would result in a redesign of the roadway/fire truck turnaroundin the main pond area (access to the dry hydrant would still be required), as well as downstream wherean existing road is about 10 metres from a small pond.Alternatively the two streams,being the onlynatural water bodies,could accommodate a 15-metre buffer more easily, but there remain constraintswhere an existing road and an existing parking area/golf cart pavilion do not meet the 15-metreminimum distance.In either case, the change would entail revisions to the site plan and draft Development Agreement.This may require that the matter be brought back to a second Public Information Meeting prior to aPublicHearing. Referral back to the two advisory committees,as well,would be a matter for Councildiscretion.
ATTACHMENT:1.Site plan showing 15-metre distance from watercourses and water bodies.
OPTIONS:a)Retain the existing 8-metre (26-foot) setback standard;b)Apply an alternative standard, such as a 15-metre (50-foot) vegetative buffer per the initialinquiry made at the Council meeting of April 30th.
Prepared BY Bill DeGrace Date May 5, 2015Reviewed BY Tara Maguire Date May 5, 2015Authorized BY Tammy Wilson Date
D R A F T
THIS DEVELOPMENT AGREEMENT made in duplicate this day of , A.D. 2015
BETWEEN:
RICHBURG LP MANAGEMENT INC. . of the Region of Halifax in the Province
of Nova Scotia, a body corporate having its head office in the City of Halifax and in the
Province of Nova Scotia,
( hereinafter called the "DEVELOPER")
OF THE FIRST PART
- AND -
MUNICIPALITY OF THE DISTRICT OF CHESTER one of the Municipalities under
the laws of the Province of Nova Scotia;
( hereinafter called the “MUNICIPALITY")
OF THE SECOND PART
WHEREAS the DEVELOPER intends to develop properties within the bounds of the MUNICIPALITY
identified as PID numbers 60408077 and 60146511 and described in Schedule “A” attached hereto;
AND WHEREAS the DEVELOPER has applied to the MUNICIPALITY for a permit to use that part of
the lands described in Schedule “A” attached hereto (Development Agreement Area), to construct thirty-
two (32) dwelling structures, hereinafter referred to as the Proposed Development;
AND WHEREAS the Map attached hereto as Schedule “B” dated March 2015 depicts the layout and
project area of the Proposed Development;
AND WHEREAS the properties identified at PID numbers 60408077 and 60146511 contain a prior
existing use as described in Schedule “C” attached hereto;
AND WHEREAS the properties described in Schedule "A" are situated in an area which is both designated
General Basic (GB) on the Land Use Designation Map of the Municipal Planning Strategy of the
MUNICIPALITY and zoned General Basic (GB) on the Zoning Map of the Land Use By-law of the
MUNICIPALITY, hereinafter referred to as the Land use By-law;
AND WHEREAS Policy 7.8.6 of the Municipal Planning Strategy and Clause 6B.1.1(b)(iv) of the Land
Use By-law enable development in excess of twelve (12) dwelling units on any lot of land with a density
not exceeding twelve (12) units per hectare by development agreement on this land;
AND WHEREAS the Council of the MUNICIPALITY, by resolution passed at a meeting on the ___day
of ___ 2015, approved the execution of this agreement by the parties hereto;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the foregoing
recitals and for other good and valuable consideration the parties hereto agree as follows:
2
1. GENERAL REQUIREMENTS AND ADMINISTRATION
1.1 The MUNICIPALITY hereby agrees that a Development Permit shall be issued to the
Developers for the Proposed Development subject to the terms and conditions of this
Development Agreement;
1.2 Nothing in this Agreement shall exempt the DEVELOPERS from complying with Federal,
Provincial and Municipal laws, by-laws and regulations in force within the
MUNICIPALITY, including By-law 81 (Building By-law), or from obtaining any federal,
provincial or municipal license, permission, permit, authority or approval required
thereunder including any permission required under the Fire Prevention Act and The
Environment Act;
2. USE OF LAND
2.1 The DEVELOPER undertakes to ensure that the use of the lands described in Schedule “A”
attached hereto shall be limited to:
(a) Prior existing uses as outlined in Schedule “C”, which shall be subject to the
requirements of the General Basic Zone;
(b) Residential uses of up to thirty-two (32) dwelling structures, and their
associated accessory uses and structures;
(c) Associated private roads, recreational amenities, driveways, drainage works, and
landscaping elements as shown generally on Schedule “B” attached hereto;
2.2 The DEVELOPER undertakes to ensure that the lands to be subdivided from existing PID
numbers 60408077 and 60146511 shall not contain a density of greater than 12 units per
hectare;
2.3 The DEVELOPER shall submit a grading plan to the satisfaction of the MUNICIPALITY
verifying that storm and drainage patterns are adequate for the subject development so as
to avoid flooding, and that storm-water is not directed onto any adjacent property other
than road ditches;
2.4 The DEVELOPER undertakes to ensure that the travelled portion of any access right-of-
way is at least 6 metres in width, and further undertakes to ensure that the engineered design
and layout of access right-of-ways, including turning radii, meet the requirements of the
Chester Volunteer Fire Department Chief including a typical fire response apparatus that
is 8’6” in width and 30-35 feet in length with a gross weight in the range of 14,000
kilograms.
3. CONSTRUCTION
Construction work on the property shall not begin earlier than 7:00 a.m., shall not continue past
8:00 p.m., and no construction work shall be undertaken on Sundays.
4. STRUCTURES
The DEVELOPERS undertake to ensure:
(a) That the dwelling structures shown on the Map attached hereto as Schedule “B” shall be
constructed and used for residential purposes;
(b) That the dwelling structures constructed on the property shall each not exceed a total of
3
3,500 square feet in ground floor area;
(c) That no structure be located less than 8 metres (26 feet) from a water course, or water body
as identified on Schedule “B”;
(d) That the maximum height of structures shall not exceed 13.5 metres (45 feet) as measured
according to the definition of HEIGHT in the Land Use By-law of the MUNICIPALITY.
(e) That the maximum number of dwelling units per dwelling structure shall not exceed two
(2).
5. LANDSCAPING
The DEVELOPER undertakes to ensure that natural vegetation shall be removed only when
necessary for building construction and associated private outdoor living space, so as to provide a
visual barrier between dwelling structures.
6. SIGNS
The DEVELOPER undertakes to ensure that all permanent exterior advertising or project
identification signs shall comply with Part 7 (“SIGNS”) of the Land Use By-law of the
MUNICIPALITY.
7. SANITARY SERVICES
The DEVELOPER undertakes to ensure that onsite sewage disposal systems shall be constructed
to meet Nova Scotia Department of Environment specifications.
8. OPERATION AND MAINTENANCE
The DEVELOPER undertakes to ensure that:
(a) all structures are maintained in good repair and in a tidy, attractive and useable state;
(b) all access roads, service roads, driveways, parking areas and any areas used for open storage
of equipment or stock shall be surfaced with stable materials to prevent dust from blowing
onto adjacent properties and to prevent erosion;
(c) all on-site sewage disposal systems shall be operated so as not to have a negative impact
on the quality or quantity of water resources in the area.
9. FIRE PROTECTION
9.1 The DEVELOPER shall install and maintain at least one dry hydrant on the property to
specifications determined by the Chester Volunteer Fire Department Chief.
9.2 The DEVELOPER shall maintain year-round access to the hydrant site[s] by ensuring
appropriate maintenance, winter ploughing, and adequate parking.
9.3 The DEVELOPER shall ensure that service roads and cart paths are accessible to residents
for use as alternate emergency access/egress.
10. LIABILITY
The DEVELOPER undertakes to indemnify and save harmless the MUNICIPALITY from any
claims, damages, expenses or costs arising out of or in connection with or incurred with respect to
anything required to be done by the DEVELOPERS in accordance with this Agreement.
4
11. CHANGES AND ALTERATIONS
(a) That all matters in this Agreement not specified in Sub-clause 11(b) below, are substantial
matters which shall not be changed or altered except by amendment to this Agreement in
accordance with the relevant statutes; and
(b) That the following matters are not substantial matters and may be changed or altered
without amendment to this Agreement but with the written consent of the Council of the
MUNICIPALITY provided that the Council of the MUNICIPALITY determines that the
changes do not significantly alter the intended effect of these aspects of this agreement:
(i) the precise location of the buildings shown on Schedule “B”;
(ii) the precise ground floor area of the buildings as shown on Schedule “B”;
(iii) the location of the dry hydrant[s] as required by the Chester Volunteer Fire
Department;
(iv) subj ect to the provision of satisfactory water and on-site sewage services, an
increase in the number of dwelling structures in the Proposed Development as
shown on Schedule “B” of 10% or less;
(v) the precise placement of roads, driveways, trails, and guest parking as shown on
Schedule “B”;
12. TERMINATION OR REVIEW OF AGREEMENT
(a) That this Agreement shall be in effect until discharged by resolution of the Council of the
MUNICIPALITY in accordance with the relevant statutes, whereupon the Land Use By-
law shall apply to the lands described in Schedule "A";
(b) That the Council of the MUNICIPALITY may discharge this Development Agreement if
the development described herein has not commenced with eighteen (18) months of the
date of this Agreement;
(c) That the Council of the Municipality may discharge this Development Agreement if the
use described herein is discontinued for a period of no less than twelve (12) months;
(d) That, if the DEVELOPER fails to complete the development or portions thereof after a
period of thirty-six (36) months from the date of registration of this Agreement at the
Registry of Deeds, the Council of the MUNICIPALITY may review this agreement in
whole or in part, and may
(i) retain the Agreement in its present form;
(ii) negotiate a new Agreement;
(iii) discharge the agreement on the condition that for those portions of the
development that are deemed complete by the Council of the MUNICIPALITY,
the DEVELOPER’s rights shall be preserved;
(e) That the Council of the MUNICIPALITY retains the option of discharging this
Development Agreement should any fact provided to the MUNICIPALITY by the
DEVELOPER or its agents constitutes a material misrepresentation of the facts upon which
this Agreement is based; and
(f) That the Council of the MUNICIPALITY may discharge this Agreement if the
DEVELOPER breaches any term of the Agreement.
13. APPLICATION OF LAND USE BY-LAW
That without restricting the generality of the foregoing any aspect of any development on the
property not specified above is subject to the requirements of the Land Use By-law.
5
14. EFFECT
(a) That, in accordance with Section 229 of the Municipal Government Act, this Agreement
shall continue to apply to the property until discharged by Council;
(b) That this Agreement shall enure to the benefit of, and be binding upon the
MUNICIPALITY and its successors and assigns and shall enure to the benefit of and be
binding upon the DEVELOPER, its heirs, executors, administrators, and assigns, the owner
or owners from time to time of the property described in Schedule "A", until discharged by
Council;
(c) The provisions of this Agreement are severable from one another and the invalidity or
unenforceability of one provision shall not affect the validity or enforceability of any other
provision.
15. OWNERSHIP
The DEVELOPER hereby certifies by the signatures affixed below that Richburg LP Management
Inc. is the sole owner of the properties identified as PID numbers 60408077 and 60146511 as
described in the attached Schedule “A”. The DEVELOPER further certifies that he has not
disposed of any interest in the property and there are no judgements, mortgages or other liens or
encumbrances affecting the property in addition to those described herein.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands and seals on the day
and year first above written.
IN THE PRESENCE OF: RICHBURG LP MANAGEMENT INC.
Witness
Witness
Witness
Per
Witness
Per
MUNICIPALITY OF `THE DISTRICT OF
CHESTER
Per
ALLEN B. WEBBER, Warden
Per
Witness PAMELA MYRA, Municipal Clerk
6
,
PROVINCE OF NOVA SCOTIA )
COUNTY OF LUNENBURG, SS )
On this day of , A.D., 2015 before me, the subscriber, personally came and appeared
a subscribing witness to the foregoing Indenture, who having been by me duly sworn, made oath
and said that RICHBURG LP MANAGEMENT INC., one of the parties thereto, duly executed
the same in h presence by affixing thereto its corporate seal identified by the signature of ____
_____________________ its __________________, and ___________________________, its
___________________ , duly authorized officers in that regard.
__________________________________
A Barrister/ Commissioner of the
Supreme Court of Nova Scotia
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG,
ON THIS day of A.D., 2015, before me, the subscriber personally came and
appeared , a subscribing witness to the
foregoing Indenture, who having been by me duly sworn, made oath and said that the
MUNICIPALITY OF THE DISTRICT OF CHESTER, one of the parties thereto, duly executed
the same in h__ presence by affixing thereto its corporate seal identified by the signature of Allen
B. Webber, its Warden and Pamela Myra its Municipal Clerk, duly authorized officers in that
regard.
A BARRISTER/ COMMISSIONER OF THE
SUPREME COURT OF NOVA SCOTIA
7
SCHEDULE “A”
DEVELOPMENT AGREEMENT AREA
[description of property minus four lots subdivided out: two lots each containing five dwelling
units; two lots each containing one dwelling unit]
8
SCHEDULE “B” – SITE PLAN
9
SCHEDULE “C” PRIOR
EX ISTING USES
Description
Assessment Account Number/Property
Identification Number
1. Golf Course
06239722 / 60408077
2. Golf Course
09752536 / 60146511