HomeMy Public PortalAbout2019-08-14_Public Hearing Package_Development_Phase 1_Aspotogan RidgeMUNICIPALITY OF THE
DISTRICT OF CHESTER
A G E N D A
PUBLIC HEARING
Consideration of a development agreement with 3314299 NOVA SCOTIA LIMITED to regulate the development of
Phase 1 which includes a 52 unit apartment building and an additional 120 dwelling units, comprised of single
unit, two-unit and townhomes (maximum 4 units per structure).
14 August 2019, 10:30 a.m.
Chester Municipal Council Chambers
151 King Street, Chester, NS
1. CALL TO ORDER (CHAIR)
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, Citizen’s Planning Advisory
Committee, Council
c. Documentation: Reports, advertisements, fees paid
d. Written Submissions:
i. Bayit Property Group Inc.
ii. Aspotogan Tunas Bike Polo Association and Mill Cove Ultimate Frisbee players
iii. Krystal and Jeff Frellick
3. COMMENTS BY MUNICIPAL SOLICITOR
4. OVERVIEW BY PLANNER
a. Location and nature of proposal
b. Municipal Planning Strategy
c. Outstanding Concerns
d. Recommendations
i. Draft Development Agreement for Phase 1
5. PRESENTATION BY DEVELOPER
6. COMMENTS BY THE PUBLIC ON THE PROPOSAL
a. In Favour
b. Opposed
c. Any other comments
7. CLOSING REMARKS (CHAIR)
8. DECISION OF COUNCIL / DEFERMENT OF DECISION
MUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
REPORT TO: Dan McDougall, CAO
SUBMITTED BY: Pam Myra, Municipal Clerk
DATE: 14 August 2019
SUBJECT: 2019-318 - MOVED by Councillor Hector, SECONDED by Deputy Warden Shatford
that the Committee of the Whole recommend to Council to give notice of intent to
enter into a Development Agreement with 3314299 Nova Scotia Limited to facilitate
the Phase 1 development of a 52 unit apartment complex and 120 additional
residential units at Mill Cove. And further that Council set a date for the Public
Hearing for August 15, 2019. ALL IN FAVOUR. MOTION CARRIED.
2019-324 CHANGE OF DATE OF PUBLIC HEARING ON AUGUST 14, 2019
MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the date of
the Public Hearing for a Development Agreement for Aspotogan Ridge be changed
from August 15, 2019 to August 14, 2019 at 10:30 a.m. ALL IN FAVOUR. CARRIED.
______________________________________________________________________________________________________________________
(A) DETAILS OF PROPOSED AMENDMENTS
Request from: Council directed staff to draft a Development Agreement at a meeting held on January 31, 2019 –
2019-022 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the
Whole recommend to Council to give direction to staff to move forward with the zoning amendment as per the
request of 3314299 Nova Scotia Limited in the Aspotogan Ridge development area. CARRED.
2019-030 MOVED by Councillor Church, SECONDED by Councillor Hector the motions from the January 24, 2019
meeting of Committee of the Whole be approved as follows:
Request date: 24 January 2019 – Application Fee’s received with Application for Development dated Dec. 14, 2018.
Nature of development agreement:
The draft development agreement contains terms relating to:
1. Development of a 52 unit apartment complex and an additional 120 dwelling units, comprised of single
unit, two-unit and townhomes (maximum 4 units per structure);
2. Access, servicing, emergency services, landscaping and setbacks;
3. The creation and deeding to the Municipality, an 8.7 acre parcel to be used for public recreation purposes;
4. Regulation of proposed Commercial, Institutional or Light Industrial Uses to ensure the development
maintains a desirable residential living environment.
Purpose of amendments: The draft development agreement contains terms and provisions to regulate the
development of the apartment complex and an additional 120 dwelling units.
(B) MEETING DATES
24 January 2019: Committee of the Whole considers the request of applicant and makes recommendation
that Council give direction to staff to proceed;
1
Pam Myra
From:philip@freewheeling.ca
Sent:Thursday, August 8, 2019 11:07 AM
To:Pam Myra
Cc:Gordon Tate
Subject:Development agreement with 3314299 Nova Scotia Limited
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Pamela Myra, Municipal Clerk, Chester
We, the regular weekly users of Mill Cove playing field, respectfully request that, if a development
agreement is created impacting the existing field, the agreement includes a condition that a
replacement field of equal playability is completed before the existing field is affected, in the interests
of our regular, uninterrupted use.
Thank you for your consideration.
Aspotogan Tunas Bike Polo Association, and
Mill Cove Ultimate Frisbee players
8 August 2019
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Municipality of the District of Chester
Community Development Department
Staff Report #2
APPLICANT Ged Stonehouse on behalf of 3314299 Nova Scotia Limited
PROPOSAL Development Agreement to facilitate Aspotogan Ridge Phase 1
Development
LOCATION Mill Cove, Phase 1 Area as shown on attached Site Plan
LOT SIZE Lots are proposed to be subdivided, resulting in the following:
Lot 1: 29.25 Acres
Parcel A-1: 7.24 Acres
Parcel P-10: 8.77 Acres
Remainder of PID 60613452: 234.5 Acres
DESIGNATION Neighbourhood Comprehensive Development District (NCDD)
ZONE Neighbourhood Comprehensive Development District (NCDD) Zone
SURROUNDING USES Commercial (golf course), Institutional (elementary school), Low
Density Residential (Homes & Cottages), Vacant land
NEIGHBOUR NOTIFICATION None to date. Public Information Meeting held at Aspotogan
Consolidated Elementary on March 6th, 2019. Notification packages will
be mailed to neighbours once a date for a Public Hearing is set.
Recommendation
1. That Municipal Council give notice of intent to enter into a Development Agreement with
3314299 Nova Scotia Limited to facilitate the Phase 1 development of a 52 unit apartment
complex and 120 additional residential units at Mill Cove. And further, that Council set a date for
the Public Hearing for August 15, 2019;
Prepared for: Municipal Council
Submitted by: Garth Sturtevant, Senior Planner
Date: July 25, 2019
Subject: Aspotogan Ridge Draft Development Agreement for Phase 1
Staff Report #1 Page 2
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Background
In 1996 the Mill Cove Development Association (now the Aspotogan Heritage Trust) acquired the former
Canadian Services Station at Mill Cove, now known as Mill Cove Park. The intent was to reuse and further
develop the lands for the benefit of the community. In 1999, Aspotogan Heritage Trust made the decision
to divest the lands through sale to a private developer. AHT commissioned a Land Use Development Plan
to ensure some protections and controls remained to reflect the desire of the community for how the
lands would be developed. Prior to selling the lands, AHT requested Municipal Council rezone the Mill
Cove Park Lands to facilitate and regulate the development as envisioned through the Land Use
Map 1 - Area to be Rezoned NCDD
Staff Report #1 Page 3
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Development Plan. Council agreed and proceeded with a rezoning, approved in 2002. Several concept
plans and attempts to begin development have occurred since that time, with minimal progress being
made. Amendments to the Municipal Planning Strategy and Land Use By-law in 2015 reflect a revised
concept plan submitted in an attempt to restart the project. The requested zoning was implemented,
however, the project and planned residential development did not proceed at that time.
To date half (nine holes) of the planned 18 hole golf course has been constructed, opening to the public
in 2018. In addition, 43 lots (ranging between 0.8 acres and 2.4 acres) have been granted subdivision
approval. Some of these lots have been sold to individuals, while others remain under the ownership of
3314299 Nova Scotia Limited.
Ged Stonehouse has recently been authorized by the owners to make an application to proceed with a
proposed “Phase 1” development which would renew activity on the site and work toward an eventual full
build-out of the community. Due to changing market conditions, the proposal submitted does not align
with the Mill Cove Park zones mentioned earlier in this report. As a result, Council has given staff direction
to pursue a rezoning to a zone that would facilitate and regulate the revised concept.
At a meeting of the Committee of the Whole, held on January 24th, staff received direction to proceed
with the implementation of a new Comprehensive Development District Zone. This zone will be applied to
the entire site, including lands owned by 3314299 Nova Scotia Limited in addition to the subdivided lots
held by other owners. The intent of the zone is to allow flexibility in layout and design for larger, more
complex developments by Development Agreement. The zone will allow Phase 1 (as proposed) to be
regulated under a single Development Agreement if desired by the applicant. Should further development
be proposed, a new Development Agreement would be required, but will be governed under the same
enabling policies that are established today for the NCDD Zone.
Subject Properties
The site is located in Mill Cove and currently is comprised of two PIDs 60613452 and 60077799. The Site
Plan attached to the draft Development Agreement indicates the Developers intent to subdivide the existing
PIDs, resulting in Parcel A-1, Lot 1, Parcel P-10 and the remainder of PID 60613452. Parcel A-1 is proposed
to house the Fifty-Two (52) unit apartment complex, with the remaining residential units to be located on
Lot 1. Parcel P-10 is the Recreation Area which is to be deeded to the Municipality as detailed within the
draft Development Agreement.
Discussion - Considerations
To facilitate the proposed Phase 1 development as envisioned, staff have created the Neighbourhood
Comprehensive Development District (NCDD) zone. This zone is designed to accommodate large, phased
developments that will occur over several years. The zone requires a Development Agreement, which is
Staff Report #1 Page 4
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
applied to one or more parcels of land with a total area of at least five (5) Hectares for all development
other than Municipally owned parks.
In order for the draft Development Agreement to be approved and implemented, Council must approve
the Amendments to the Municipal Planning Strategy and Land Use By-law to establish the NCDD zone
and to rezone the identified lands at Mill Cove. This amendment file is proceeding in conjunction with the
draft Development Agreement. If the amendment is rejected by Council, the draft Development
Agreement cannot be approved.
Map 2 - Showing NCDD Zone & Phase 1 Area (red hatched area)
Staff Report #1 Page 5
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
The following discussion outlines various sections and provisions contained within the draft Development
Agreement.
Use of Land
The draft Development Agreement, attached to this report, contains terms and conditions to facilitate the
development of Phase 1 as proposed by the Developer. Phase 1 includes:
Apartment Complex (52 units);
Townhomes (12 units);
Single Unit Dwellings (40-50 units);
Semi-Detached, Duplex (40-48 units)
The numbers listed above have been provided by the Applicant, however, the Phase 1 Development is
expected to occur over several years and flexibility has been requested to adapt the specific unit mix to
market conditions. The draft Development Agreement permits up to three Multi-unit Dwellings, not to
Figure 1 - Site Plan Phase 1 Area (Bold)
Staff Report #1 Page 6
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
exceed fifty-two (52) residential dwelling units (the Apartment Complex) and one-hundred and twenty
(120) additional residential units comprised of a mixture of Single Unit and Multi-Unit Dwellings, not
exceeding four (4) dwelling units per structure.
The draft Development Agreement also allows Commercial, Institutional and Light Industrial uses to be
developed within the Phase 1 area subject to provisions.
Finally, this section of the draft Development Agreement requires that all access right-of-way’s maintain a
minimum twenty (20) metres width. All travelled access routes must also be constructed in a manner to
permit access for adequate fire protection and emergency services and maintain a six (6) metre travelled
way. Staff have consulted with the fire chief for the Hubbards Volunteer Fire Department, who has
reviewed the attached Site Plan and indicated his satisfaction with the road layout as proposed.
Construction Timelines
The timelines and hours for construction are an important consideration for any development. Long term
and large-scale developments, such as the proposed Phase 1, must find a balance between providing
flexibility and leniency to adapt to market demands and build-out over several years. This must be
balanced against the competing interests of the community where a long, drawn out construction period
can have negative impacts related to noise, disruption, dust, access, security concerns and the general
negative impacts and perceptions of living in or near an active construction site.
The draft Development Agreement includes various timelines regulating the construction schedule,
creation and transfer of the Recreation Area space and ensuring localized landscaping is tied to each
structure. This avoids a situation where the entire site is cleared and left without ground covering or
landscaping for a sustained period.
Recreation Area
The draft Development Agreement includes provisions to ensure that the development is served by
adequate recreation opportunities. The agreement also conforms with policy requirements of the
Neighbourhood Comprehensive Development District (NCDD) zone as follows:
7.7.4.6 that developments proceeding without subdivision approval, or those which are exempt from Part
11 Public Open Space of the Subdivision By-law shall provide appropriately scaled recreational
opportunities generally in keeping with the Subdivision By-law. For greater clarity, these lands are not
required to be deeded to the Municipality and Council shall also have greater ability to consider assets
and physical site improvements as contributions to the overall value of the recreational space;
Staff Report #1 Page 7
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
The Developer has identified an 8.77 acre parcel of land that will be deeded to the Municipality at the
time of signing the Development Agreement. The Development Agreement also states that within twenty-
four months of the date of signing, the Developer shall create a driveway access, parking area for 10
vehicles and a grass field
with an area of 8600 m2
(approximately 2 acres).
Staff note that the
Developer has also met
with community members
and representatives from
the area in an attempt to
develop the site in a
manner desirable to the
surrounding community.
These discussions and
additional features (such
as trails, wooded park area
and connection to the
school) are not codified in
the Development
Agreement and have not
received a funding
commitment from either
the Municipality or the
Developer. These
discussions fall outside of the scope of the Development Agreement and should be distinguished from
commitments and requirements included in the Agreement.
Site Plans (setbacks, parking, landscaping, accessory structures)
This draft Development Agreement introduces and utilizes the concept of a “localized site plan”. This term
is defined in the draft Development Agreement and constitutes the area surrounding a structure,
extending as far as necessary to confirm that all setbacks are met. The site plan will also be required to
show roads, driveways, wetlands, watercourses or waterbodies, proposed landscaping and any planned
grading and infill.
The Development Agreement includes requirements that all structures maintain a minimum separation
distance of three metres between structures. Additionally, all structures must maintain a 7.5 metre setback
from the boundary of the Phase 1 Area shown on the Site Plan. Finally, structures must maintain a 20
metres setback from any watercourse, waterbody or wetland.
Figure 2 - Recreation Area to be deeded to MOC. This image is for illustrative purposes only and
is intended to convey the concept and vision for the site, some features shown have not
received a financial commitment from the Developer or the Municipality.
Staff Report #1 Page 8
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Subdivision (planned & future unknown)
The Developer has stated intention to subdivide the existing lots and adjust property boundaries,
resulting in four lots. The apartment complex would occupy the first lot (Parcel A-1), the recreation lands
that will be deeded to the Municipality form the second lot (Parcel P-10), the single unit and multi-unit
dwellings which comprise the remainder of Phase 1 will be located on the third lot (Lot 1) and the
remaining lands will fall outside of the Phase 1 Development Agreement Area (Remainder of PID
60613452).
Servicing
One of the most significant discussions relating to this project is how Phase 1 will be served with water
and sewer services. There is an existing Municipal wastewater system in Mill Cove, and the Developer has
expressed an interest in connecting to this system. Discussions between the Developer, Municipal Public
Works and Council are underway.
While critical to establish prior to
construction, the Developer has engaged an
engineer and confirms they are fully capable
of servicing the Phase 1 development with
an on-site or series of on-site systems if
necessary. The draft Development
Agreement states that prior to issuing a
Development Permit for any structure, the
Developer shall submit a Servicing Plan and
any necessary documentation to confirm
that an on-site system is designed and will
be constructed to meet Nova Scotia
Department of Environment specifications,
or that the Development will connect to and
be served by the Municipal Sewer System,
subject to approval of the Municipal
Engineer. This approach allows the
Development Agreement process to move
forward while the Developer continues discussions with Public Works and Council.
The current understanding of staff is that the Apartment Complex and several duplex units will be
connected to the existing Mill Cove Wastewater Treatment System in the short term. Once these units are
constructed and connected, the Development Agreement outlines options for bonding, provided by the
Developer, to partially cover the costs of upgrading the Mill Cove Wastewater Treatment System to add
additional capacity and connect additional Single Unit, Duplex and Townhomes.
Figure 3 - Existing Mill Cove Park Wastewater Treatment System - area
for possible expansion to add capacity
Staff Report #1 Page 9
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Commercial/Institutional and Light Industrial
There are currently no proposed Commercial/Institutional or Light Industrial uses within the Phase 1 area,
with the exception of service-oriented businesses that may locate within the Apartment Complex.
However, as the full build-out of Phase 1 is expected to occur over several years, the growth of the
residential component may create opportunities and desire to locate Commercial/Institutional and/or
Light Industrial uses within the Phase 1 Development Agreement Area.
The draft Development Agreement
includes provisions to regulate this type
of development should it be requested in
the future. Requirements preventing uses
which create a hazard or nuisance
through dust, noise and similar concerns
are in place. Additionally, separation
distances of 20 metres from all other
structures and screening requirements for
all parking, loading and outside storage
areas is required. The intent is to permit
business and services which are a benefit
to the development and surrounding
community are encouraged, without
degrading the overall residential living
environment promoted by the Neighbourhood Comprehensive Development District zone.
Roads, Acess and Parking
With the exception of 730 meters of Parkwood Drive, which is Municipally owned, the Phase 1
development is proposed to be
served entirely by private roads.
The draft Development Agreement
requires that all private roads
maintain a minimum Right-of-Way
of Twenty (20) meters to provide
adequate access to emergency
vehicles. In addition, the travelled
portion of any access right-of-way
must be a minimum of six (6)
meters.
Figure 4 - Existing Commercial – Golf Course Clubhouse (not located within
Phase 1 Area)
Figure 5 - Parkwood Drive. Municipal (left) Private (right)
Staff Report #1 Page 10
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Parking is required at a rate of one (1) space per residential dwelling unit and one (1) space for every Fifty
(50) square metres of floor area for Commercial, Institutional and Light Industrial uses.
Items Outstanding
The draft Development Agreement attached to this report has received a legal review and comments from
the Director of Public Works, Director of Recreation & Parks and the Development Officer.
Most relevant policy has been addressed in the table below, however, staff would like to note several
items that remain outstanding. Discussions are proceeding, and the Developer has indicated that the
missing information will be provided soon, with much of the work currently underway.
The Developer is continuing negotiations and discussions with Municipal Public Works to determine the
most desirable method to provide water for fire protection to the development. A report submitted states
that ground and surface water on the property should be sufficient to meet the residential need but does
not speak to fire protection. Consultation with the Chief of the Hubbards Volunteer Fire Department has
included a review of the road layout and access to water for fire protection. The Developer must provide
an accessible water source for fire protection and any solution proposed, which could involve a dry
hydrant, creation of a pond or connection to the Municipal System to serve a hydrant will be reviewed by
the Chief. The Developer has committed to supplying a dry hydrant or pond if access to the Municipal
system is determined not to be feasible.
The second outstanding item relates to policy within the Municipal Planning Strategy to ensure
development does not alter or negatively impact archeological sensitive areas. A copy of the site plan was
submitted to Nova Scotia Special Places. Comments from Special Places recommended that an
Archeological Resources Impact Assessment be completed. The Developer has hired a consult to
undertake this work. A draft report has been submitted to staff and Special Places which indicates no
archeologically sensitive sites within the Phase 1 Development Agreement area. Special Places will review
the report and provide a final comment once this review is complete. This is anticipated to occur prior to
the Development Agreement being signed.
Policy Analysis
Policy Analysis
7.7.2.1 establish the Neighbourhood Comprehensive
Development District (NCDD) Zone within the Municipal
Land Use By-law as indicated on the GFLUM and Zoning
Maps;
N/A
Staff Report #1 Page 11
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
7.7.2.2 facilitate the phased build-out of medium to large
scale residential developments. These lands may be under
multiple ownership or owned by a single entity;
Phase 1 of the development is proposed to
include up to one-hundred and seventy (170)
residential dwelling units. Property ownership is
common among the lands, future subdivision and
sale could result in multiple owners within the
Phase 1 area.
7.7.2.3 ensure that before entering into a Development
Agreement within the NCDD Zone, Council shall be
satisfied that the proposed development is primarily
residential in character. The intent of the NCDD Zone is to
facilitate the development of innovative, residentially
oriented communities through more flexible, alternate
development opportunities;
The proposed development includes up to one-
hundred and seventy (170) residential dwelling
units, with ancillary services and recreation
amenities. Service orientated, Commercial,
Institutional and Light Industrial uses shall be
permitted by Development Permit subject to the
Development Agreement conditions to ensure
adequate screening, landscaping and separation
distances from residential uses.
7.7.2.4 only be applied to one or more properties with a
minimum contagious total area of 5 Hectares;
The rezoning of the Mill Cove Park Lands included
3 large PIDs and 43 smaller lots, resulting in the
NCDD area covering over 226.7 hectares (560
acres).
7.7.2.5 primarily facilitate residential uses, however,
ancillary commercial, institutional and light industrial uses,
appropriately scaled to the development, shall be
permitted by Development Agreement;
The draft development agreement outlines the
requirements and ability for
Commercial/Institutional and Light Industrial uses
to be developed. Requirements include
landscaping, screening and separation distances.
7.7.2.6 allow, by Development Permit, up to two dwelling
units per lot for existing lots listed in the Land Use By-law;
The area covered by Phase 1 does not include the
smaller existing lots which have already been
subdivided. These existing lots are offered special
consideration by the NCDD zone and are
permitted to construct up to two dwelling units
per lots through application for a Development
Permit.
7.7.2.7 allow, by Development Permit, Municipal Parks and
recreation areas and amenities
This will allow the Recreation Area to be deeded
to the Municipality for ongoing ownership and
maintenance without requiring a Development
Agreement specific to the construction and
regulation of the Recreation Area.
Staff Report #1 Page 12
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
7.7.2.8 by Development Agreement, consider flexibility
relating to density, dwelling type, servicing by cluster
system and private water systems;
Total Density for Phase 1 is 4.7 units per acre,
density for Apartment complex on Parcel A-1
equals 7.2 units per acre, density for Lot 1 equals
4.1 units per acre. The development Agreement
allows for an approved on-site septic system,
approved connection to the Municipal Wastewater
Treatment System or a combination of the two.
The Development Agreement outlines
requirements and milestones for bonding and
sewer connections to potentially enable the
expansion of the Mill Cove Wastewater Treatment
System to provide additional capacity to the
project.
7.7.2.9 prohibit all forms of Heavy Industrial development
within the NCDD Zone;
The proposed development does not contain any
Heavy Industrial uses, furthermore, the draft
Development Agreement prohibits all Heavy
Industry within the Development Agreement Area.
7.7.2.10 control the subdivision of land within the NCDD
Zone through a Development Agreement and subject to
the Subdivision By-law. Known subdivisions shall be
addressed in the initial Development Agreement, any
additional consolidation or division of property will require
amendment to the Development Agreement, while
boundary adjustments to existing parcels do not require a
Development Agreement or amendment.
The Developer intends to subdivide, resulting in
the apartment complex being located on its own
lot, separate from the remainder of Phase 1.
Further, the recreational area shall be subdivided
to create a third lot so that the Recreational lands
may be deeded to the Municipality.
7.7.4.1 that the proposal conforms to the intent of the
Municipal Planning Strategy;
Yes.
7.7.4.2 that the Development Agreement includes
provisions regulating the maximum density, unit mix,
period of construction and the type, size and scale of
appropriate ancillary Commercial, Institutional or Light
Industrial uses;
Yes, the draft Development Agreement outlines
the permitted unit mix (52 unit Apartment
complex and 120 additional dwelling units, with
up to 4 per structure), no maximum density has
been set for this site, however, regulating the
number of units does control this aspect. The
average density of Phase 1 is 4.7 units per acre.
Commercial, Institutional and Light Industrial uses
are limited in size, setbacks and screening
requirements.
7.7.4.3 that the Development Agreement includes
provisions requiring an application for a Development
Permit be accompanied by a Stormwater Management
The Development Agreement requires a
Stormwater Management Plan, prepared by a
qualified person, to verify that storm and drainage
Staff Report #1 Page 13
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Plan, prepared by a qualified professional. The plan shall
confirm that the development meets the standards outlined
within the Development Agreement related to stormwater
management, sediment and erosion control and infill or
removal of topsoil;
patterns are adequate to avoid flooding and so
that storm-water is not directed onto adjacent
property other than road ditches.
7.7.4.4 that the Development Agreement includes
provisions requiring an application for a Development
Permit be accompanied by a permit or approval from the
authority with Jurisdiction confirming that the proposed
development can be serviced through on-site or central
sewer.
Prior to a Development Permit being issued, the
DEVELOPER(S) must submit a Servicing Plan to
confirm that onsite sewage disposal systems are
designed and will be constructed to meet Nova
Scotia Department of Environment specifications,
or that the Development will connect to and be
served by the Municipal Sewer System, subject to
approval of the Municipal Engineer.
7.7.4.5 all structures shall be located at least twenty (20) m
from the ordinary high water mark of any wetland,
watercourse, water body and the Ocean Shoreline. This
setback shall not be applied to fire-fighting impoundments,
accessory structures less than 20m2 and structures related
to water systems;
These setbacks have been codified in the
Development Agreement, in order to receive a
Development Permit for a structure a Localized
Site Plan will be required which shall confirm all
setbacks are met.
7.7.4.6 that projects proceeding without subdivision
approval, or those which are exempt from Part 11 Public
Open Space of the Subdivision By-law shall provide
appropriately scaled recreational opportunities generally in
keeping with the Subdivision By-law. For greater clarity,
these lands are not required to be deeded to the
Municipality and Council shall also have greater ability to
consider assets and physical site improvements as
contributions to the overall value of the recreational space;
The area shown on the Site Plan and indicated as
Proposed Active Play Park, which is 8.77 acres in
area, is to be deeded to the Municipality at the
signing of this Development Agreement. Once
the land has been deeded, the Developer will
create a 2+ acre grassed, levelled area field and
will ensure a viable and safe access point is
created from Parkwood Drive or Aspotogan
Consolidated Elementary School property.
7.7.4.7 the proposal conforms to the applicable
requirements of all Municipal By-laws, except where the
application is for a development agreement when the Land
Use By-law requirements need not be satisfied.
No anticipated issues.
7.7.4.8 the project shall not generate emissions such as
noise, dust, radiation, odours, liquids or light to the air,
water, or ground so as to create a recognized health or
safety hazard, and that the impact of such emissions on the
No anticipated issues as the development is
primarily residential in nature. The draft
Development Agreement contains provisions
which prohibit any Commercial/Institutional or
Staff Report #1 Page 14
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
development potential and value of properties in the
vicinity has been minimized;
Light Industrial uses that create a hazard or
nuisance.
7.7.4.9 subject to the physical characteristics of the site,
any commercial, institutional or industrial development
shall achieve optimum separation from adjacent properties
which are not in commercial or industrial use, and
screening in the form of fences, vegetation, or berms as
appropriate shall be constructed or installed to minimize
impact on the abutting uses;
The current proposal calls for ancillary
institutional/commercial space within the
apartment complex designed to serve residents.
Any new Commercial/Institutional or Light
Industrial Uses is subject to the provisions of the
draft Development Agreement which requires a
minimum 20 metre separation distance between a
residential structure. The draft Development
Agreement also requires screening (1.2m fence or
equivalent berms etc).
7.7.4.10 that the project can be serviced with central or on-
site sewer and that the disposal of sewage and other
effluents will not have a negative impact on the quality and
quantity of the water resources of the area;
Before a Development Permit is issued, the
Developer must confirm the servicing proposed.
This could be on-site with approval from Nova
Scotia Environment, or connection to the
Municipal system, with approval from the
Municipal Engineer. It is also possible that
portions of the development will connect to the
Municipal System while others will be served on-
site.
7.7.4.11 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;
The site is currently vacant. The nature of the
development is a phased, residential community
with ancillary services available. The Development
Agreement also includes basic landscaping and
construction requirements with timelines to help
promote a pleasant living environment.
7.7.4.12 the site shall be landscaped with trees, shrubs,
lawns, fences, and hard surfaced walkways, as necessary to
create a residential living environment;
The Development Agreement includes
landscaping requirements with timelines to help
promote a pleasant living environment. The
existing golf course provides nearby recreation
opportunities and the Developer intends to create
a new recreation area near the Elementary School.
7.7.4.13 sufficient parking and adequate safe access to
parking lots shall be provided for residents and guests;
The draft Development Agreement requires each
residential dwelling unit provide one parking
space. Commercial/Institutional and Light
Industrial uses must provide one space for every
50 sq.m. of floor area. This must be shown on the
Staff Report #1 Page 15
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
Localized Site Plan which is required to obtain a
Development Permit.
7.7.4.14 all areas intended for vehicular traffic shall be
surfaced with materials that remain stable and prevent dust
during all seasons and shall allow for adequate drainage
and snow removal;
The developer indicates that all roads will be
paved, parking areas will be paved or gravelled
and trails will be gravelled or otherwise surfaced
to prevent dust.
7.7.4.15 the proposal is not premature or inappropriate due
to:
a. financial ability of the Municipality to absorb
costs related to the project;
The potential financial impacts relate mainly to the
cost of providing sewer services if the Developer
opts to connect to the Municipal system. These
discussions are ongoing between Public Works,
the Developer and Council.
b. creation or worsening of a pollution
problem including soil erosion and siltation;
The draft Development Agreement requires
stormwater management controls, setbacks from
wetlands, watercourses and waterbodies and
grading plans before receiving a Development
Permit.
c. adequacy of storm drainage and effects of
alteration to drainage patterns including
potential for creation of a flooding problem;
The draft Development Agreement requires that a
stormwater management plan be submitted
before a Development Permit is issued.
d. adequacy and proximity of school,
recreation, emergency services, and other
community facilities;
The community is served by the
Aspotogan Consolidated Elementary
School (Elementary), Chester Area Middle
School (Middle School) and Forest
Heights Community School (High School).
Some existing recreational space
(ballfields) will be lost through
development of the apartment complex,
however, the Developer will create new
recreation space, adjacent to the
Elementary School.
Fire Protection is provided primarily by
the Hubbards Volunteer Fire Department.
Policing Services are provided by the
RCMP with the Chester Detachment
located at Exit 8, providing service to the
Staff Report #1 Page 16
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
development. EHS Ambulance Depots are
located in Chester Village and Upper
Tantallon.
e. adequacy of street networks, on-site traffic
circulation and site access regarding
congestion, traffic hazards and emergency
access, including fire vehicles;
Comments received from Hubbards Fire Chief
confirm no concerns with emergency access or
road layout. Consultation on the location of water
supplies for fire-fighting purposes will be ongoing
between the Developer and the Hubbards Fire
Department.
f. inadequacy of on-site water supply for
domestic consumption and for fire-fighting
purposes;
A letter of opinion prepared and submitted by
Richard P. Gagne, P.Geo (earth-water Concepts
inc.) outlines a table top study which reviewed
available data and made estimates based on
standard practice. The letter concludes that
sufficient groundwater capacity appears to exist at
the site. This study looked at the entire build-out
beyond Phase 1, and the comments relate to
providing water for 382 new dwellings in addition
to the needs of the Golf Course. The report states
groundwater storage reservoirs may be needed to
meet peak demand, however, this will be
confirmed when actual flow rates are known.
g. proximity to areas of high archaeological
potential as identified on provincial
government mapping
Special Places Nova Scotia has confirmed that an
Archaeological Resource Impact Assessment
should be carried out prior to construction. The
Developer has committed to undertake this work
and the draft Development Agreement will not be
approved until the assessment is complete and
any actionable items have been adequately
addressed. A Draft report submitted recently
indicates no archeologically sensitive areas are
located within the Phase 1 Development
Agreement Area.
7.7.4.16 all other matters of planning concern have been
addressed.
None.
Advisory Committee Meetings
This project and draft development agreement were considered by the Municipal Area Advisory
Committee at a meeting held on May 28th, 2019. Following discussion, the Committee passed the
following motion:
Staff Report #1 Page 17
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
2019-270 MOVED by Leslie Taylor, SECONDED by Herb Fraser to recommend that Municipal
Council enter a Development Agreement with 3314299 Nova Scotia Limited to
facilitate the Phase 1 development of a 52-unit apartment complex and 120
additional residential units at Mill Cove. CARRIED
The report and draft Development Agreement were next considered by the Citizen’s Planning Advisory
Committee at a meeting held on June 10, 2019. The Committee was supportive of the project and wished
to move the file forward to Council with one caveat, that a professional wetland delineation be done on
the proposed Recreation Area. The Committee passed the following motion:
MOVED by Trevor Hume, SECOND John Carol by That Municipal Council enter into a Development
Agreement, subject to a wetland delineation being conducted on the Recreation Area, with 3314299 Nova
Scotia Limited to facilitate the Phase 1 development of a 52 unit apartment complex and 120 additional
residential units at Mill Cove. CARRIED.
Wetland Delineation Results
Following the motion made by the Citizen’s Planning Advisory Committee, the Developer contracted a
professional wetland delineator to assess the Recreation Area. Figure 6 is the result of this assessment and
did find evidence that a wetland exists covering a significant area on the western portion of the lot.
Figure 6
Staff Report #1 Page 18
Aspotogan Ridge Phase 1 Development Agreement July 11, 2019
This result was not surprising given anecdotal evidence and staff observations during a site visit to the
property. While unlikely to be useable or developable land, there is sufficient area to create the grass field
and parking area without encroaching on the wetland. Staff are satisfied with the delineation and do not
feel that this expected result warrants change to the proposed Recreation Area or overall proposal.
Public Information Session
Staff and the Developer held a Public Information Session on March 6, 2019 at the Aspotogan
Consolidated Elementary School. This session was advertised as an opportunity to learn about the
proposed development, ask questions and raise any concerns. The intent was to cover both the rezoning
and amendment request as well as the draft Development Agreement.
No members of the public attended the meeting. Staff, the Developer, a representative for the golf course
operator and the Deputy Warden were present. The meeting was closed at 7:30 p.m.
Options
1. That Municipal Council give notice of intent to enter into a Development Agreement with
3314299 Nova Scotia Limited to facilitate the Phase 1 development of a 52 unit apartment
complex and 120 additional residential units at Mill Cove. And further, that Council set a date for
the Public Hearing for August 15, 2019;
2. That Municipal Council not give notice of intent to enter into a Development Agreement with
3314299 Nova Scotia Limited for Phase 1 of the residential development as detailed;
3. That Municipal Council not give notice of intent to enter into a Development Agreement with
3314299 Nova Scotia Limited for Phase 1 and further that the discussion be tabled pending
additional information or research.
Development Agreement with
3314299 Nova Scotia Limited to
facilitate Phase 1 residential
development – Aspotogan Ridge
The Proposal
•Ged Stonehouse on behalf of
3314299 Nova Scotia Limited
made application for a Rezoning
and Development Agreement to
facilitate Phase 1 development
•Municipal Council received
application and directed to staff
at a meeting held January 24,
2019
The Proposal
•Phased in residential development to occur over several years for full build-out:
•52 Unit Apartment Complex
•120 additional dwelling units, comprised of a mixture of Single Unit, Duplex and Townhomes(not to exceed 4 dwelling units per structure)
Site Context
•The project site is located in Mill
Cove
•Surrounding uses include low density
residential, institutional (elementary
school), commercial (golf course) and
vacant land (woodland)
•The lands shown in brown/orange
have been rezoned to the new
Neighbourhood Comprehensive
Development District zone
•Hatched area indicates Phase 1
covered under the draft
Development Agreement
Phase 1
Area
Location of
52 Unit Apartment
Building
Location of
120 Single Unit,
Duplex and
Townhomes
Location of
Active Play Park (to
be deeded to MOC)
7.7.2. Neighbourhood Comprehensive Development District Zone Policies
The NCDD Zone shall:
Policy 7.7.2.2 facilitate the phased development of medium to large scale residential developments. These lands may be under multiple ownership or owned by a single entity;
Policy 7.7.2.3 ensure that before entering into a Development Agreement within the NCDD Zone, Council shall be satisfied that the proposed development is primarily residential in character. The intent of the NCDD Zone is to facilitate the development of innovative, residentially oriented communities through more flexible, alternate development opportunities;
Policy 7.7.2.4 only be applied to one or more properties with a minimum continuous total area of 5 Hectares;
Enabling Policy:
(Municipal Planning Strategy)
Land Use By-Law:
(Neighbourhood Comprehensive Development District zone)
6A.1 NEIGHBOURHOOD COMPREHENSIVE DEVELOPMENT DISTRICT (NCDD) ZONE
6A.1.1 Development in NCDD by Development Agreement
The Neighbourhood Comprehensive Development District zone is designed to facilitate larger scale,
phased developments through one or more Development Agreements. No Development Permit shall be
issued within the NCDD zone unless it is in accordance with an approved Development Agreement
pursuant with Section 7.7 of the Municipal Planning Strategy.
6A.1.2 Existing Lots in Mill Cove Park NCDD Zone
Within the Mill Cove Park area (former Canadian Forces Station), previous attempts to develop the lands
as a Golf Course with surrounding residential uses has resulted in the subdivision and creation of 43
moderately sized undeveloped properties. These properties are listed in are provided special protection,
being that a Development Permit may be issued for a up to two dwelling units per lot. No Development
Agreement shall be required, and the development of these properties shall be in conformance with the
Zone Standards for the Low Density Residential Zone.
Policy Review and Development Agreement
Planning Policy Staff Comment
7.7.4.5 all structures shall be located at least twenty (20) m from
the ordinary high water mark of any wetland, watercourse, water body
and the Ocean Shoreline. This setback shall not be applied to fire-
fighting impoundments, accessory structures less than 20m2 and
structures related to water systems;
These setbacks have been codified in the Development Agreement, in
order to receive a Development Permit for a structure a Localized Site
Plan will be required which shall confirm all setbacks are met.
7.7.4.4 that the Development Agreement includes provisions
requiring an application for a Development Permit be accompanied by
a permit or approval from the authority with Jurisdiction confirming
that the proposed development can be serviced through on-site or
central sewer.
Prior to a Development Permit being issued, the DEVELOPER(S) must
submit a Servicing Plan to confirm that onsite sewage disposal systems
are designed and will be constructed to meet Nova Scotia Department
of Environment specifications, or that the Development will connect to
and be served by the Municipal Sewer System, subject to approval of
the Municipal Engineer.
Policy Review and Development Agreement
Planning Policy Staff Comment
7.7.4.6 that developments
proceeding without subdivision
approval, or those which are exempt
from Part 11 Public Open Space of the
Subdivision By-law shall provide
appropriately scaled recreational
opportunities generally in keeping
with the Subdivision By-law. For
greater clarity, these lands are not
required to be deeded to the
Municipality and Council shall also
have greater ability to consider assets
and physical site improvements as
contributions to the overall value of
the recreational space;
The area shown on the Site Plan and
indicated as Proposed Active Play
Park is 8.77 acres in area. The land
and a 20m Right-of-way providing
access from Parkwood Drive is to be
deeded to the Municipality at the
time the Development Agreement is
signed.
Within 2 years of the date of the
Development Agreement, the
Developer will create a 2+ acre
grassed, levelled area and will ensure
a driveway access from Parkwood
Drive and parking area is created.
•The draft Development Agreement contains the following
requirements relating to roads:
7.1 that all Private Roads shall maintain a minimum Right-of-Way width of Twenty (20)
metres (66 ft) and must provide adequate access for emergency vehicles.
7.2 that the travelled portion of any access right-of-way is at least six (6) metres (19 ft) in
width and is constructed in such a fashion as to permit access for adequate fire protection
and emergency services. The final road design and layout, including turning radii, shall
include consultation with the Hubbard’s Volunteer Fire Department Chief.
7.3 that any future discussions between the DEVELOPER and the MUNICIPALITY regarding
the take-over of ownership and maintenance of existing and new Private Roads is subject to
Part 15 CHANGES AND ALTERATIONS.
Roads and Access
•Phase 1 is proposed to be served by Private
Roads, except for the initial 730m of
Parkwood Drive which is Municipally owned Parkwood Drive – Municipal Parkwood Drive – Private
Commercial, Institutional and
Light Industrial Uses
Commercial, Institutional and Light Industrial uses are permitted by the Development Agreement subject to the following
•Limit of 2000m2 (21,500 ft2) gross floor area or 6000m2 (64,500 ft2) of land area;
•Shall not generate noise, radiation odours and shall not create a health concern or nuisance to adjacent uses;
•Must maintain 20m (66 ft) setback from all other structures (includes any outdoor storage areas);
•Parking areas and outside storage must be screened with a 1.2m (3.9 ft) fence;
•Must include landscaping (trees, shrubs, garden beds) or maintain natural state on a minimum of 25% of total area.
Existing Commercial – Golf Course Clubhouse &
Restaurant (not located in Phase 1 Area)
Vacant Commercial/Light Industrial (not located in Phase 1 Area)
Connection to Mill Cove Park Wastewater
Treatment Plant
•The draft Development Agreement allows for on-site servicing approved by NSE, connection to the Municipal Sewer approved by PW, or a combination of the two. Before a Development Permit is issued, a servicing plan must be provided;
•Discussions to date indicate the Developer will connect the 52 unit Apartment Building and several duplex units to the existing MCPWWTP in the near term;
•Any extension of sewer lines on private property by the Developer will be built to the Municipal Specifications and taken over by MOC;
•Following connection of the Apartment Building, Council may consider expansion of the MCPWWTP (two possible expansions of 40 units each), subject to the Developer providing a bond to cover 50% of the current estimated cost ($100,000 & $200,000 respectively). The bonded amount is returned to the Developer when half of the units (20 for each expansion) have received a Sewer Connection Permit.
Existing Mill Cove Park Wastewater Treatment System
Existing Mill Cove Park Wastewater Treatment System
- area for possible expansion to add capacity
Review and Recommendations by Advisory
Committees
•Municipal Area Advisory Committee – May 28
th, 2019
Following discussion, the Committee passed the following motion:
2019-270 MOVED by Leslie Taylor, SECONDED by Herb Fraser to recommend that Municipal Council enter a
Development Agreement with 3314299 Nova Scotia Limited to facilitate the Phase 1 development of a 52-unit
apartment complex and 120 additional residential units at Mill Cove. CARRIED
•Citizen’s Planning Advisory Committee – June 10, 2019
The Committee was supportive of the project and wished to move the file forward to Council with one caveat, that a
professional wetland delineation be done on the proposed Recreation Area. The Committee passed the following motion:
MOVED by Trevor Hume, SECOND John Carol by That Municipal Council enter into a Development Agreement, subject
to a wetland delineation being conducted on the Recreation Area, with 3314299 Nova Scotia Limited to facilitate the
Phase 1 development of a 52 unit apartment complex and 120 additional residential units at Mill Cove. CARRIED.
Recreation Area – Wetland Delineation
•Staff conducted a site visit and walk-
through on June 10, 2019 and noted
low/wet area, uncertain whether this
was officially considered a wetland
•In response to CPAC Motion, McCallum
Environmental Limited was engaged to
perform a wetland delineation on the
8.77 acre parcel
•Image showing extent of wetland
•Described as mixed-wood, treed
swamp
•Land remains for grass field and
parking
Recreation
Area
Wetland
Delineation
Items Outstanding
•Water Source for Fire Protection:
•discussions ongoing with PW;
•if not possible to connect to Municipal system, Developer
confirms dry hydrants and/or ponds will be installed;
•Hubbard’s Fire Chief has reviewed road layout and is
satisfied, but would like to see water source once
determined;
•Subdivision and Deeding of Right-of-Way and
Recreation Area:
•At the time of signing the Development Agreement, the
Recreation area and a 20 m Right-of-Way must be
deeded to the Municipality;
•Discussions and survey work are underway;
•Developer will wait until Rezoning & DA are approved
before turning over the lands.
Public Information Meeting
•Staff and the Applicant hosted a joint Public Information Meeting
•Held on March 6, 2019 at Aspotogan Consolidated Elementary School
•Meeting to cover both Rezoning and Development
Agreement applications
•No Members of the public attended
Questions or Comments?
Garth Sturtevant, MCIP, LPP, Senior Planner
Municipality of Chester
902-275-4135
gsturtevant@chester.ca
1
THIS DEVELOPMENT AGREEMENT made in duplicate this day of , A.D. 2019
BETWEEN:
ASPOTOGAN RIDGE GOLF VILLAGE 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(S)”
OF THE FIRST PART
-AND –
MUNICIPALITY OF THE DISTRICT OF CHESTER, a duly incorporated municipal body, hereinafter
called the “MUNICIPALITY”
OF THE SECOND PART
WHEREAS the DEVELOPER(S) intends to develop property(s) within the bounds of the MUNICIPALITY
identified as PID number(s) 60613452 and 60077799, described in Schedule “A” attached hereto;
AND WHEREAS the DEVELOPER(S) has applied to the MUNICIPALITY for a Development Agreement to use
the lands described in Schedule “A” attached hereto (Development Agreement Area), to develop Phase 1
of a residential community, that may also include complimentary commercial, institutional and light
industrial uses, hereinafter referred to as the Proposed Development;
AND WHEREAS the DEVELOPER(S) intends to form one or more condominium corporations, pursuant to
the Condominium Act, for all or part of the property;
AND WHEREAS the Site Plan attached hereto as Schedule “B” dated March 2016 depicts the layout and
project area of the Proposed Development;
AND WHEREAS the property(s) described in Schedule “A” are situated in an area which is both designated
Neighbourhood Comprehensive Development District (NCDD) on the Land Use Designation Map of the
Municipal Planning Strategy and zoned Neighbourhood Comprehensive Development District (NCDD)
Zone on the Zoning Map of the Land Use By-law;
AND WHEREAS the Council of the MUNICIPALITY, by resolution passed at the meeting on the day of
, A.D. 2019, approved the execution of this agreement by the parties hereto;
2
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the foregoing recitals and for
other goods and valuable consideration the parties hereto agree as follows:
1. DEFINITIONS
The words and phrases defined in Part 1 shall apply to this Agreement. When interpreting words or
phrases not defined in Part 1 of this Agreement, the Definitions section of the Chester Municipal Land
Use By-law shall apply. Terms and phrases undefined in Part 1 of this Agreement and in the Definitions
section of the Land Use By-law shall carry their customary meaning.
1.1 APARTMENT COMPLEX means, up to three structures, whether attached or detached and
containing a maximum of fifty-two (52) self-contained dwelling units;
1.2 LAND USE BY LAW means, the Chester Municipal Land Use By-law;
1.3 LOCALIZED SITE PLAN means, with reference to a structure, a Site Plan showing the location of
the structure, property lines, roads, driveways, the location of any wetlands, watercourses or
waterbodies and grading and infill. The plan shall extend outward from the structure as far as
required to confirm that all setback requirements from property lines, other structures and
wetlands, watercourses and waterbodies are met.
1.4 MILL COVE WASTE WATER SYSTEM means the Municipal sewer system located in Mill Cove. This
term includes all Municipally owned infrastructure associated with the system including but not
limited to service mains and maintenance-holes;
1.5 PERMIT FOR SEWER CONNECTION means the approval issued by the Municipal Engineer giving
permission to connect a structure to a Municipally owned sewer system;
1.6 WATERBODY means the bed and shore of a freshwater lake, pond or other still body of water;
1.7 WATERCOURSE means the bed and shore of a river, stream, creek, brook or similar;
1.8 WETLAND means a land surface that is periodically or permanently saturated with water and
sustains biological activities adapted to wet conditions, and may be commonly referred to as a
marsh, swamp, bog, or similar or as otherwise defined in the Provincial Environment Act.
2. GENERAL REQUIREMENTS AND ADMINISTRATION
2.1 The MUNICIPALITY hereby agrees that Development Permits may be issued to the DEVELOPER(S)
for the Proposed Development subject to Part 2.2, Part 2.3 and the terms and conditions of this
Development Agreement;
2.2 Nothing in this Agreement shall exempt the DEVELOPER(S) from complying with Federal,
Provincial and Municipal laws, by-laws and regulations in force within the MUNICIPALITY,
including the 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.
2.3 The development can demonstrate adequate access for emergency vehicles, solid waste
collection, approval by the authority having jurisdiction for access to any public street and
approval by the authority having jurisdiction for sewage disposal that the development can be
adequately served by a sewage disposal system.
3. USE OF LAND
3
3.1 Subject to Part 12 below, the DEVELOPER(S) undertakes to ensure that the use of the lands
described in Schedule “A” attached hereto shall be limited to:
3.1.1. Construction and occupation of one (1) Apartment Complex, not to exceed Fifty-Two (52)
self-contained, residential dwelling units, that may also include service oriented
Commercial or Institutional uses located on the Ground Floor. The structure may also
include amenities and services for the use of residents including but not limited to: meeting
rooms, pools, library, fitness rooms, craft rooms, shared kitchen, pickle ball courts and
other similar features;
3.1.2. Construction and occupation of an additional One Hundred and Twenty (120) residential
dwelling units, comprised of a mixture of Single Unit and Multi-Unit Dwellings, not
exceeding four (4) dwelling units per structure;
3.1.3. Construction and occupation of Commercial, Institutional and Light Industrial
developments, that meet the criteria outlined in Part 6 STRUCTURES A of this Agreement.
3.1.4. Construction of the Proposed Active Play Park to be subdivided and deeded to the
MUNICIPALITY as shown on Schedule “B” and in compliance with Part 5 RECREATION
AREA.;
3.1.5. Construction of associated private roads, recreation amenities, driveways, drainage works,
and landscaping elements as shown on Schedule “B” attached hereto;
4. PERIOD OF CONSTRUCTION
The DEVELOPER(S) undertake to ensure:
4.1 that construction work on the property shall not begin earlier than 7:00 a.m. and shall not
continue past 9:00p.m.
4.2 that within Twenty-four (24) months of the date of this Agreement, the DEVELOPER(S) shall
complete construction of the features proposed for the Active Play Park, in compliance with Part
5 RECREATION AREA. Should the DEVELOPER(S) fail to meet this timeline, no further
Development Permits or Building Permits shall be issued until this provision is satisfied, this
includes permits that have been applied for but have not yet been issued;
4.3 that landscaping, at a minimum sodding or seeding of lawns, within the area covered by the
Localized Site Plan submitted for each structure is completed within thirty-six (36) months of the
start of construction of the structure. Any areas left in a natural, undisturbed state need not be
landscaped.
4.4 that a progress update meeting with the MUNICIPALITY will occur no less than once per annum.
The purpose being to review progress at the site and discuss upcoming work that may require
inspections by the MUNICIPALITY or budget approval and planning related to expansion of the
Mill Cove Wastewater System outlined in Part 12 SANITARY SERVICES and development of the
Active Play Park outlined in Part 5 RECREATION AREA. Should the DEVELOPER fail to arrange a
meeting within any given year, the MUNICIPALITY may issue a notice to the DEVELOPER that a
progress update meeting is required. If no meeting has occurred within 30 days of the date of
the notice, the MUNICIPALITY may specify the date and time of the meeting.
5. RECREATION AREA
4
5.1 The DEVELOPER(S) undertake to Subdivide PID 60613452, thereby creating the Proposed Active
Play Park indicated on Schedule “B” as a new lot. The lot, encompassing the whole of the
Proposed Active Play Park in addition to a 20m Right-of-Way, in favour of the Municipality of
Chester to provide legal access to the property from Parkwood Drive, shall be deeded free and
clear of encumbrances to the MUNICIPALITY upon the signing of this AGREEMENT;
5.2 The DEVELOPER(S) undertakes to ensure that in compliance with Part 4 PERIOD OF
CONSTRUCTION, that the Active Play Park shall include:
5.1.1. a cleared, levelled and grassed field of at least 8600 square metres. The design and
construction of which shall account for slope, drainage and subsurface materials and which
shall be developed in consultation with the MUNICIPALITY;
5.1.2. driveway or road to provide access, approved by the MUNICIPALITY, from Parkwood Drive,
with a minimum travelled width of six (6) metres, constructed in such a fashion to permit
access for adequate fire protection and emergency services;
5.1.3. a stable, dust free parking area with a minimum of ten (10) 2.75m X 5.5m parking spaces.
6. STRUCTURES
The DEVELOPER(S) undertake to ensure:
6.1 STRUCTURES, GENERAL:
6.1.1. that the minimum setback distance between structures shall be three (3) metres;
6.1.2. that all structures be located a minimum of three (3) metres from all property lines,
exclusive of ownership;
6.1.3. notwithstanding 6.1.2, that all structures be located a minimum of seven and one half (7.5)
metres from the boundary of the Phase 1 Development Agreement Area, described in
Schedule “A”, whichever is greater;
6.1.4. that all structure be located a minimum of twenty (20) metres from a watercourse,
waterbody or wetland with exceptions for fire-fighting impoundments and structures
related to water systems;
6.1.5. that prior to any Development Permit being issued, the DEVELOPER(S) shall submit a
Stormwater Management Plan, prepared by a qualified person, to the satisfaction of the
MUNICIPALITY verifying that storm and drainage patterns are adequate for the subject
development, including downstream infrastructure, to avoid flooding, and that storm-water
is not directed onto any adjacent property other than road ditches. The DEVELOPER(S) shall
ensure that the construction, maintenance and operation of Stormwater Management
features on the site adheres to the submitted Stormwater Management Plan;
6.1.6. that prior to any Development Permit being issued, the DEVELOPER(S) shall submit a
Localized Site Plan, showing the location of the structure to ensure compliance with setbacks
from other structures, property lines, grading and infill and to confirm sufficient parking will
be provided;
6.2 RESIDENTIAL STRUCTURES:
6.2.1. That each residential dwelling unit shall be permitted one accessory structure;
6.2.2. That the Apartment Complex shall include screening of any outside storage, including waste
containers, from adjacent properties and from the street by an opaque fence at least 1.2m
in height or an equivalent combination of berms or landscaping
5
6.3 COMMERCIAL/INSTITUTIONAL & LIGHT INDUSTRIAL STRUCTURES:
Commercial/Institutional and Light Industrial uses which satisfy all other criteria within this
Agreement shall be permitted by Development Permit subject to the following:
6.3.1. No single development shall exceed 2000 m2 of gross floor area or 6000 m2 of land area;
6.3.2. The development shall not generate emissions such as dust, noise, radiation, odours, liquids,
or light to the air, water, or ground so as to create a recognized health or safety hazard or
to create a nuisance to adjacent uses;
6.3.3. The development, including outdoor storage and display areas, must maintain a minimum
twenty (20) metre separation distance from all other structures. Commercial or Institutional
uses located within the Apartment Complex are exempt from this setback requirement;
6.3.4. The development shall ensure screening of parking and loading areas and any outside
storage, including waste storage, from adjacent properties and from the street by an opaque
fence at least 1.2m in height or an equivalent combination of berms or landscaping;
6.3.5. The development shall include landscaping, such as trees, shrubs and garden beds, either
retained from the natural state or replanted, to cover a minimum of 25% of the total area
shown by the Localized Site Plan. Commercial or Institutional uses located within the
Apartment Complex are exempt from this setback requirement;
7. ROADS AND ACCESS
Phase 1 of the proposed development will be served by Private Roads, the sole exception being a
Seven Hundred and Thirty (730) metre portion of Parkwood Drive which is a Municipal Road.
Therefore, the DEVELOPER(S) undertake to ensure:
7.1 that all Private Roads shall maintain a minimum Right-of-Way width of Twenty (20) metres and
must provide adequate access for emergency vehicles.
7.2 that the travelled portion of any access right-of-way is at least six (6) metres in width and is
constructed in such a fashion as to permit access for adequate fire protection and emergency
services. The final road design and layout, including turning radii, shall include consultation with
the Hubbard’s Volunteer Fire Department Chief.
7.3 that all access connections to Municipally owned streets require approval by the MUNICIPALITY.
Such approval shall require that the portion of any private street that falls within the Municipal
Right-of-Way shall be constructed to the Municipal Specifications for Private Roads. Any section
of a private road outside of the Municipal Right-of-Way need not meet this standard;
7.4 that any future discussions between the DEVELOPER(S) and the MUNICIPALITY regarding the
take-over of ownership and maintenance of existing and new Private Roads is subject to Part 16
CHANGES AND ALTERATIONS;
7.5 that any future subdivision within the Phase 1 Development Agreement Area that requires road
design and construction, shall comply with the requirements of the Subdivision By-law.
8. PARKING
The DEVELOPER(S) undertakes to ensure:
8.1 that each residential dwelling unit is provided with a minimum of one (1) parking space
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8.2 that all Commercial, Institutional and Light Industrial Developments provide a minimum of one
(1) parking space for every Fifty (50) square metres of floor area, excluding washrooms and
storage areas.
9. SUBDIVISION OF LANDS
That without amendment to this Agreement, the DEVELOPER(S) undertakes to ensure:
9.1 that the subdivision of land shall adhere to the Municipal Subdivision By-law;
9.2 that the subdivision of PID 6005689440 resulting in the creation of a new lot, identified on
Schedule “B” as Proposed Active Play Park, be deeded to the MUNICIPALITY in compliance with
Part 4 PERIOD OF CONSTRUCTION.
9.3 that the Proposed Active Play Park be deemed a contribution in calculations for Public Open
Space as required by the Subdivision By-law. The Active Play Park shall serve as a land-bank,
which shall be drawn down as required by future subdivision undertaken by the DEVELOPER(S)
within the Neighbourhood Comprehensive Development District zone.
10. ILLUMINATION
The DEVELOPER(S) undertakes to ensure that all outdoor lighting fixtures use the lowest wattage
consistent with safety, use fixtures that reduce or eliminate glare and use fixtures that do not project
glare or direct illumination onto adjacent properties.
11. SIGNS
The DEVELOPER(S) undertakes to ensure that all permanent exterior advertising or project
identification signs shall comply with the Land Use By-law.
12. SANITARY SERVICES
12.1 Prior to a Development Permit being issued, the DEVELOPER(S) shall submit a Servicing Plan and
any documentation necessary to confirm that onsite sewage disposal systems are designed and
will be constructed to meet Nova Scotia Department of Environment specifications to serve the
proposed development;
12.2 Notwithstanding 12.1, a Development Permit may be issued if the DEVELOPER(S) has received a
Permit for Sewer Connection to the Mill Cove Waste Water System to serve a portion or all of the
Phase 1 Development Agreement Area.
12.3 The MUNICIPALITY agrees to extend the service lines of the Mill Cove Wastewater System from
the current location to the edge of the DEVELOPER(S)’s property on Parkwood Drive to Service
Phase 1, shown on Schedule “B” as Parcel A-1 Proposed Apartment Site;
12.3.1. All wastewater infrastructure that connects to the Mill Cove Wastewater System shall be
designed and constructed as outlined in the Municipal Specifications and subject to review
and approval by the Municipal Engineer;
12.3.2. Ownership and maintenance for any wastewater infrastructure, built in compliance with
12.3.1, may be turned over to the MUNICIPALITY provided all required easements and
inspections have taken place;
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12.4 Upon receiving a request from the DEVELOPER(S), Council may consider expansion of the Mill
Cove Wastewater System to provide additional capacity, once the Apartment Complex has
received a Permit for Sewer Connection. This expansion is subject to the following:
12.4.1. To connect up to Forty (40) residential dwelling units described in Part 3.1.2, a
performance bond, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) must
be submitted to the MUNICIPALITY. The bond shall be returned to the DEVELOPER(S) when
Twenty (20) of the residential dwelling units have received a Permit for Sewer Connection.
Should the DEVELOPER(S) fail to achieve this standard, the bonded monies may be forfeit;
12.4.2. To connect up to an additional Forty (40) residential dwelling units described in Part 3.1.2,
a performance bond, in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000)
must be submitted to the MUNICIPALITY. The bond shall be returned to the DEVELOPER(S)
when Twenty (20) of the residential dwelling units have received a Permit for Sewer
Connection. Should the DEVELOPER(S) fail to achieve this standard, the bonded monies may
be forfeit.
13. OPERATION AND MAINTENANCE
13.1 The DEVELOPER(S)(S) undertakes to ensure that all structures are maintained in good repair and
in a tidy and useable state;
13.2 The DEVELOPER(S)(S) undertakes to ensure that 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;
13.3 The DEVELOPER(S)(S) undertakes to ensure that 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,
including wells, in the area;
13.4 The MUNICIPALITY shall, upon acceptance of the deeds and prior inspection and approval of the
Proposed Active Play Park, roadways, or sewer infrastructure, together with all required
easements being in place and free of encumbrances, assume responsibility for their upkeep and
maintenance.
14. FIRE PREVENTION
14.1 The DEVELOPER(S) undertakes to ensure that water sources, either ponds, dry hydrants or a
suitable equivalent shall be located on the property to provide adequate access to water for fire
protection purposes. The location and placement of water sources shall be determined after
consultation between Hubbards Volunteer Fire Department Chief and the DEVELOPER(S);
14.2 An adequate driveway access, parking area for fire vehicle use and signage shall be provided at
the water source (s) as specified by the Hubbards Volunteer Fire Department Chief.
15. LIABILITY
15.1 The DEVELOPER(S) 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 DEVELOPER(S) on accordance with this Agreement.
15.2 The indemnity above does not cover acts of negligence or misconduct on the part of the
MUNICIPALITY.
8
16. CHANGES AND ALTERATIONS
16.1 That all matters in this Agreement not specified in Sub-clause 16.2 below, are substantial matters
which shall not be changed or altered except by amendment to this Agreement in accordance
with the relevant statutes; and
16.2 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 this aspects of the agreement:
16.2.a the precise location of the Apartment Complex shown on Schedule “B”;
16.2.b the precise placement of roads, driveways, trails and guest parking as shown
on Schedule “B”;
16.2.c the ownership transfer from the DEVELOPER(S) to the MUNICIPALITY of the
private portion of Parkwood Drive and/or future private roads that provide
access to the development;
17. TERMINATION OF AGREEMENT
17.1 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”;
17.2 That should the DEVELOPER breach any of the terms outlined in this Agreement, the
MUNICIPALITY may pursue any remedy specified by the Municipal Government Act, specifically
Section 264.
17.3 That the Council of the MUNICIPALITY may discharge this Development Agreement if the
development described herein has not been commenced within twenty-four (24) months of this
Agreement;
17.4 That the Council of the MUNICIPALITY may discharge this Development Agreement if the use
described herein is discontinues for a period of no less than twenty-four (24) months;
17.5 That the Council of the MUNICIPALITY retains the option of discharging this development
agreement should any fact provided to the MUNICIPALITY by the DEVELOPER(S) or its agents
constitutes a material misrepresentation of the facts upon which this Agreement is based; and
17.6 That the Council of the MUNICIPALITY may discharge this Agreement if the DEVELOPER(S) breach
any terms of the Agreement and the DEVELOPER(S) have not proceeded to remedy any such
breach in a timely fashion to the satisfaction of the MUNICIPALITY within ninety (90) days of
written notice from the MUNICIPALITY.
17.7 That the Council of the MUNICIPALITY may discharge this Agreement or reallocate capacity
within the Mill Cove Wastewater System to other users should a period of twenty-four (24)
months elapse where no Development Permits are issued. This provision shall take effect when
the first Development Permit has been issued in accordance with this Agreement.
18. 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.
9
19. EFFECT
19.1 That, in accordance with Section 229 of the Municipal Government Act, this Agreement shall
continue to apply to the property until discharged by Council of the MUNICIPALITY;
19.2 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(S), its heirs, executors, administrators, and assigns, the owner or owners from time
to time of the property described in Schedule “A”, until discharged by the Council;
19.3 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.
20. OWNERSHIP
The DEVELOPER(S) hereby certifies by the signatures affixed below that ASPOTOGAN RIDGE GOLF
VILLAGE INC. is the sole owner of the properties identified as PID number(s) 60613452 and 60077799
as described in the attached Schedule “A”. The DEVELOPER(S) further certifies that he has not
disposed of any interest in the property and there are no judgements, mortgages or other liens or
encumbrances except as disclosed by registered title affecting the property in addition to those
described herein.
10
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: ASPOTOGAN RIDGE GOLF VILLAGE INC.
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
MUNICIPALITY OF THE DISTRICT OF CHESTER
Per:
ALLEN B. WEBBER, Warden
Signature:
Per:
Print Name:
PAMELA MYRA, Municipal Clerk
WITNESS
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG,
11
ON THIS this day of , A.D. 2019, 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 ASPOTOGAN
RIDGE GOLF VILLAGE INC. thereto signed and delivered the same in h_____ presence.
A BARRISTER/COMMISSIONER OF THE SUPREME
COURT OF NOVA SCOTIA
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG,
ON THIS this day of , A.D. 2019, 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, 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 this day of , A.D. 2019, 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 in
h_____ presence by affixing thereto its corporate seal identified by the signature of Allen B.
Webber, its Warden and Pamela Myra, Municipal Clerk., duly authorized officers in that regard.
A BARRISTER/COMMISSIONER OF THE SUPREME
COURT OF NOVA SCOTIA
12
SCHEDULE “A”
Legal Description - DEVELOPMENT AGREEMENT AREA
PHASE 1
ASPOTOGAN RIDGE GOLF VILLAGE
ALL that certain lot, piece or parcel of land situate, lying and being at Parkwood
Drive, in the County of Lunenburg, Province of Nova Scotia, being LOT 1 and
PARCEL A-1 as shown on a plan entitled “Site Plan Showing PROPOSED
LOT RE-CONFIGURATION Showing LOT 1, PARCEL P-10, PARCEL A-1
Lands of 3314299 NOVA SCOTIA LIMITED” prepared by Design Point
Engineering & Surveying Ltd., dated the 9th day of April, 2019, being more
particularly described as follows:
BEGINNING at a survey marker at southwestern corner of Lot 5A (PID
60615994), also being on the northern limits of Parkwood Drive,
THENCE westerly along the northern limits of the public and private portions
of Parkwood Drive a distance of 937.4 metres more or less to a point on the
northern limits of the private portion of Parkwood Drive;
THENCE northerly a distance of 98.2 metres more or less to the southern
boundary of PID 60425030;
THENCE easterly along the southern boundary of PID 60425030 a distance of
661.8 metres more or less to a survey marker at the northwestern corner of
PID 60501277;
THENCE southerly along the western boundary of PID 60501277 and PID
60077781 a distance of 94.6 metres more or less to a survey marker at the
southwestern corner of PID 60077781;
THENCE easterly along the southern boundary of PID 60077781 a distance of
187.2 metres more or less to a survey marker at the northwestern corner of
Lot 5A;
THENCE southerly along the western boundary of Lot 5A a distance of 125.7
metres more or less to the point of beginning;
CONTAINING 147,637.3 square metres more or less.
ALL bearings are grid derived from the Nova Scotia Coordinate Survey System and
are referred to Central Meridian 64 degrees 30 minutes West.
ALL bearings are grid derived from the Nova Scotia Coordinate Survey System and
are referred to Central Meridian 64 degrees 30 minutes West.
LOT 1PID 60533171Now or Formerly Lands ofBPC PENCO (NOVA SCOTIA) INC.Book 740 Page 958RO Plan 11338LOT P-10(Proposed Park and Recreation Area)Easement in favour of H.M. in right of Canada foracess to power and communication lines.RO Doc No. 8969(Book 671 Page 145)RO Plan 1407PR
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)LOT MC-1A-R(REMAINDER OF LOT MC-1A)PID 60613452Area = 97.5 HectaresNow or Formerly Lands of3314299 NOVA SCOTIA LIMITEDLRO Doc. No. 112345450RO Plan P-1406(Subject to Survey)35,453.0 Sq. Metres ±(8.76 Acres ±)N79° 23' 14"E 289.602mN13° 48' 20"W 150.108mN69° 49' 22"W 103.514mN2
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m PROPOSED PRIVATE ROADN79°23'14"E 30.365m (M)N79°23'14"E 30.480m (P)Fd.(TC)PCFd.(455)Fd.(WML)N34°18'07.1"W 7304.563mNSHPN 210309N:4932877.360E:25538036.536NAD83 (CSRS) Epoch 2010.0Found Blazed LineFound Blazed LinePARKWOOD DRIVE (Private)(Width Varies)LRO Plan Reference 89071576End
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N73°40'17"WC=37.850mA=37.938mR=160.000mFd.(WML)Fd.(TC)25.5
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mFd.(455)LOT 4LOT 29LOT 32LOT 33LOT 34PID 60425030PID 60077799PID 60077781PID60501277PID 60501269PID 60501251 LOT 1-BPID 60425048LOT 5APID 60615994 PID 60423266PID 60423506LOT MC-1PID 60072816PID 60077591PID 60077583LOT 1PID 60533171PROPOSED PRIVATE ROADLOT 38LOT 37LOT 36LOT 35LOT 31LOT 30LOT 23LOT 22LOT 21LOT 20LOT 41LOT 40LOT 39LOT 28LOT 27LOT 42LOT 43LOT 26LOT 25LOT 24LOT 19LOT 18LOT 17LOT 16LOT 15LOT 14LOT 13LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 6LOT 5LOT 3
LOT 2
LOT 1PID 60077450FARM LAKELOT MC-1A-R(REMAINDER OF LOT MC-1A)PID 60613452Area = 97.5 Hectares ±Now or Formerly Lands of3314299 NOVA SCOTIA LIMITED(Subject to Survey)A=93.7mA=183.0mA=211.2mEasement in favour of H.M. in right of Canadafor acess to power and communication lines.RO Doc No. 8969(Book 671 Page 145)RO Plan 1407LOT P-10A=117.7mAPPROXIMATE
L
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MILL COVE LAKE ANDCRANBERRY LAKEPROTECTED WATER AREA(SEE NOTE 4)GRID NORT
H KEYPLANSCALE1:50,000PLAN OF SUBDIVISIONPlan of Survey ofLOT P-10,being a Subdivision ofLOT MC-1ALands of3314299 NOVA SCOTIA LIMITEDPARKWOOD DRIVE,MILL COVEMUNICIPALITY OF CHESTERCOUNTY OF LUNENBURGPROVINCE OF NOVA SCOTIADATE: JUNE 26, 2019DWG NO: 19-037-SV-L3NAD-83 (CSRS) 2010.0 3° MTMCENTRAL MERIDIAN 64° 30'FOX POINTMILL COVEROUTE 329ST. MARGARETS BAYSITE OFSURVEYFOX POINTLAKEMILL COVEBIG LAKECLAYTON DRIVEFOUND SURVEY MARKERNOVA SCOTIA HIGH PRECISION NETWORK MONUMENTFd.LANDS DEALT WITH BY THIS PLANOTHER LANDSLEGEND:REMAINING LANDSEASEMENTS(TC)THOMPSON CONN & ASSOCIATES(WML)WALLACE MACDONALD LIVELY LTD. (455)GARRY S. PARKER NSLS #45560Scale: 1:750 (Metric)3015015NAD-83 (CSRS) 2010.0 3° MTMCENTRAL MERIDIAN 64° 30'INSET SHOWING REMAINING LANDSSCALE 1:5000PCPOINT OF CURVATURELROLAND REGISTRATION OFFICEPIDPROPERTY IDENTIFICATION NUMBERNSLSNOVA SCOTIA LAND SURVEYORALL BEARINGS AND DISTANCES ARE GRID DERIVED FROM NRTK GNSS OBSERVATION TONSHPN 210309, REFERENCED TO THE NOVA SCOTIA 3° MODIFIED TRANSVERSE MERCATORPROJECTION, ZONE 5, CENTRAL MERIDIAN 64°30' W; BASED ON THE HORIZONTALREFERENCE FRAME NAD83 (CSRS), EPOCH 2010.0.FIELD SURVEYS WERE CARRIED OUT DURING THE PERIOD MARCH 22, 2019 TO JUNE 12,2019.ALL DISTANCES SHOWN ARE GRID UNLESS NOTED OTHERWISE. GROUND DISTANCES MAYBE DETERMINED BY APPLYING A COMBINED SCALE FACTOR OF 1.000092 (AT SITE OFSURVEY).FIELD MEASUREMENTS HAVE NOT BEEN ADJUSTED.APPROVAL STAMPSSURVEYOR'S CERTIFICATEI, LUKE J. SARGINSON, NOVA SCOTIA LAND SURVEYOR, HEREBY CERTIFY THATTHE SURVEY REPRESENTED BY THIS PLAN WAS CONDUCTED UNDER MYSUPERVISION AND THAT THE SURVEY AND PLAN WERE MADE IN ACCORDANCE WITH THELAND SURVEYORS ACT, REGULATIONS AND STANDARDS MADE THEREUNDER.DATED THIS 26TH DAY OF JUNE, 2019__________________________________________LUKE J. SARGINSON, N.S.L.S.LAND SURVEYORSOF NOVA SCOTIATHE ASSOCIATION
No. 59439DRAFTNOTES:1. LOT P-10, PARCEL AE-1 AND PARCEL AE-2 ORIGINATES WITH THIS PLAN.2. FINAL APPROVAL IS REQUESTED FOR LOT P-10.3. A WETLAND AND WATERCOURSE SUMMARY REPORT DATED OCTOBER 30, 2015 WASCOMPLETED BY McCALLUM ENVIRONMENTAL LIMITED. THIS REPORT SHOWS NO WETLANDS ORWATERCOURSES ON LOT P-10.4. APPROXIMATE LIMITS OF MILL COVE LAKE AND CRANBERRY LAKE PROTECTED AREA TAKENFROM LRO PLAN 91519877PLACED SURVEY MARKERCALCULATED TIE LINESPARKWOODDRIVETOHUBBARDSTOASPOTOGANFARMLAKELONG LAKE400Scale: 1:5000 (Metric)200100010050NSHPN(C); (M); (S)CALCULATED; MEASURED; SET(P); (D); (T)PLAN OF PREVIOUS SURVEY; DEED; TOTALFOX POINTLAKE ROADLAKE ROAD
A Great Place to Live and Play
A Little HistoryThe former Mill Cove Forces BaseA Centre of Activity for the CommunityBase was mostly closed downAspotogan Heritage Trust A Challenged DevelopmentNew Life Breathed into the projectExciting times ahead
The New Ownership Triple E Living - BelgiumImmobel- BelgiumThey are Developers– quality development groups in Belgium working mainly in EuropeThey want to create something special here at Aspotogan Ridge Golf VillageThis is their first project in CanadaUnique – Quality - EfficiencyImmobel
The Development Plan
The Development PlanPhase 1 – 50+ / Seniors Development – Apartments – Duplex - Bungalows
The 50+ / Seniors Development An exciting all inclusive “Lifestyle Community”Bayview Apartments -48 – 52 units – two bedroom two bath – underground parking – view of the BayDuplex Units 40 – two bedroom – two bath –garage – single level livingBungalows 40 – 50 – single level living – 1,000 –1,400 sq. ft. Amenities – there will be a number of Social and Recreational amenities on site in Phase 1 Full Maintenance Free Living
Amenities Golf – Robert LeBlanc Design Golf Course –Partnering with Aspotogan Heritage TrustTrails – walking - jogging - bikingPickle Ball / Lawn SportsPlay Field – recreation field for the larger community Social Centre – Gathering Area – Reading –Crafts – Hobby Shop – Fitness Area – Games AreaFarm Lake – Paddle – Canoes - KayaksLive and Play at Aspotogan Ridge
Community Recreation AreaLocation – plans for a new recreation area next to the Elementary SchoolA Cooperative Effort – partnering with the School – the Larger Community – the DevelopmentWhat to Build – a brand new field – with facilities that the community wants – will use – plan is to ask the Municipality Recreation to Maintain A Great Addition to the Community
First Phase of Development50+ / Seniors DevelopmentLow Rise Apartments – Bayview VillageDuplex Units Bungalow UnitsSingle Family Homes18 Pre-Sold lots from 10 years ago21 Lots Ready for DevelopmentNew Clusters of Homes will be added as needed Total Buildout expected to be 300+ Units
Thank YouAspotogan Ridge Project CoordinatorGed StonehouseTel: 902-858-4444Ged@AspotoganRidge.comLive and Play at Aspotogan Ridge