REPORT TO COMMUNITY DEVELOPMENT

Transcription

REPORT TO COMMUNITY DEVELOPMENT
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
APPLICANT
Bill and Pauline Redden
PROPOSAL
Rear addition to a single unit dwelling
LOCATION
186 Main St.
LOT SIZE
ZONE
DESIGNATION
SURROUNDING USES
NEIGHBOUR
NOTIFICATION
31,322 square feet (2909.1 square metres)
R-1A
Low Density Residential
Residential - Single Unit Dwellings, Commercial – Blomidon Inn
Newspaper ads and notices mailed to surrounding property owners within
100 metres
1) PROPOSAL
Bill and Pauline Redden are seeking a development agreement to allow for an addition to the rear of
their home at 186 Main Street to accommodate an expanded living and storage space.
2) STAFF RECOMMENDATION
Staff considers the development proposal to be consistent with the relevant policies of the Municipal
Planning Strategy and should be submitted to Council for their review and decision.
3) PROCESS
The proposal will be subject to a Public Hearing prior to a decision by Council to approve or reject the
proposal. The decision by Council may be appealed to the Nova Scotia Utility and Review Board by an
aggrieved or by the applicant within 60 days of approval.
The Town held a public information meeting on July 16th, 2014 and the notes from the session are
attached for review. Property owners within 100 metres of the property were notified by mail of the
application, a sign was placed on the property indicating that the site was subject to a development
agreement application and notification was placed on our website and twitter feed regarding the
application. In addition, the Design Review Committee provided positive feedback on the proposed
addition.
CDC Report, Page 1 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
4) BACKGROUND AND CONTEXT
The property was purchased from Kenneth Blake by Bill and Pauline Redden in 2013. It is zoned R-1A
and designated as Low Density Residential. The property is 31322 square feet and is located within the
East Main St A architectural control area.
The dwelling is well-screened from the eastern side by existing vegetation and is surrounded primarily
by other low density residential as well as a significant commercial use – The Blomidon Inn – and an
institutional use – St. John’s Anglican Church.
5) POLICY REVIEW & DISCUSSION
The Municipal Planning Strategy (MPS) provides a number of policies that Council is to consider when
reviewing such an application. A summary chart is provided at the end of this report of relevant
policies that staff examined as part of the review for this development agreement.
CDC Report, Page 2 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
This project must go through a development agreement, as the MPS requires any addition over 25% of
the existing square footage be regulated in this manner. Poliicy 12.1.6 states:
Policy 12.1.4 and 12.1.5 provide guidance when considering a development agreement in the
architectural control areas:
Policy 18.6.1 provides the general criteria for any development agreement. A summary is provided in
the appendix.
6) ANALYSIS
The proposed addition will be to a dwelling sited along Main Street within the East Main Street “A”
Architectural Control Area. This area of the Town is characterized by large, well-maintained homes that
present a visual statement of prosperity to those entering town from the east. This section of Main
Street is lined with mature trees and contains a variety of architectural styles, many of which are
amongst the oldest in town. Classical Revival and Modified Queen Anne styles are common in this area,
as well as the Town’s largest example of the Mansard style, giving this section of Main Street a distinct
early colonial character.
186 Main Street is typical of the early Georgian style with large, simple rectangular portions, two storeys
and originally built without a porch or verandah. As noted in the Residential Architectural Guidelines,
large additions to this style are often seen in the East Main Street Area of town.
CDC Report, Page 3 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
The addition will add approximately 1300 square feet to the approximately 2000 square foot dwelling,
consisting of an expanded kitchen/family room, master bedroom with ensuite and storage in the
basement, part of which may eventually become a recreation room as shown in Schedule “A”. The
addition is intended to be of the same style and use the same materials as the existing dwelling to
maintain consistency. While considerable attention was paid to the design of the proposed addition, the
width and height are less than those of the existing dwelling and the intent is that it will not be visible
from the street. The existing fir tree along the western boundary of the property, as shown in Schedule
“A”, will remain in place as visual screening between the addition and the existing neighbours.
The addition will have little or no impact on the Main Street streetscape.
7) DISCUSSION – ISSUES
In this case, the primary concerns of development within the Architectural Control Area would relate to
the impact of development on streetscape character. However, because this addition will not be visible
from the street and is intended to match the style of the existing home, no other issues arose during
staff’s review.
8) DESIGN REVIEW & PUBLIC INFORMATION MEETING
The Design Review Committee provided comment on the building on June 26th, 2014 as follows:


The Town appreciates the attention given to this addition. It was well thought out and considerate.
The project is a positive one and has no impact on the streetscape.
The PIM was attended by Bill and Pauline Redden who, after a brief presentation by staff, answered a
single question from the public regarding the slope of their parcel. An accurate description of the slope
of their parcel was established and the public presented no further questions or comments.
9) COMMENTS & CONCLUSIONS
The proposal for 186 Main Street has given considerable thought to the outward appearance and
positioning of the addition to compliment the architectural styling of the dwelling and diminish its
influence on the character of the East Main Street “A” streetscape.
With a positive recommendation from the Design Review Committee and an absence of public concern
the proposed is an appropriate addition to the dwelling at 186 Main Street.
CDC Report, Page 4 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
10)
APPENDIX “A”
MPS POLICY
8.4.4
STAFF COMMENT
to ensure the following criteria are met
when Council is considering development
proposals in the Residential
Comprehensive Development District
(RCDD) zone:
8.4.4(a) a minimum EnerGuide rating of 80 is
achieved by all new single unit and two
unit residential dwellings; and
N/A
8.4.4(b) the maximum density of residential
dwelling units shall be an average of 12
dwellings per acre and the minimum
density shall be an average of 5 dwelling
units per acre; and
N/A
8.4.4(c) require all power and communication
infrastructure to be located underground
(both primary and secondary); and
N/A
MPS POLICY 18.6.1 REVIEW
MPS POLICY
STAFF COMMENT
18.6.1 to consider the following in addition to all
other criteria set out in the various policies of this
MPS, when considering proposals for development
agreement and Land Use By-Law (LUB)
amendments:
(a) to ensure that the proposal conforms to the Proposal is considered by staff to be consistent with
intent of the MPS and to all other applicable MPS policies.
CDC Report, Page 5 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Town By-Laws and regulations, except where
the application for a development agreement
modifies the requirements of the LUB or
Subdivision By-Law.
(b) to ensure that the development does not
cause conflict with adjacent land uses, disturb
the quiet enjoyment of adjacent lands, or
alter the character and stability of
surrounding neighbourhoods through:
i)
the type and intensity of use
ii)
the height, mass or architectural design of The proportions and design of the proposed addition
are common for this architectural style within the
proposed buildings
No issues anticipated
Town.
iii) hours of operation of the use
NA
iv) outdoor lighting
No issues anticipated
v)
noise, vibration, or odour
No issues anticipated
vi) vehicles and pedestrian traffic
No issues anticipated
vii) alteration of land levels/or drainage There is not anticipated to be any change in land levels
patterns
after the addition is completed and no landscaping will
be undertaken that could alter drainage patterns.
viii) deprivation of natural light
NA
(c) to ensure that the capacity of local services is
adequate to accommodate the proposed
development and such services will include,
but not be limited to the following:
i) sanitary and storm sewer systems
No issues
ii) water systems
No issues
iii) schools
No issues
iv) recreation and community facilities
No issue
v) fire and police protection
No issues
vi) street and walkway networks
No issues
vii)solid waste collection and disposal systems
No issues
(d) to ensure that the proposal is not premature
or inappropriate by reason of the financial
ability of the town to absorb capital and/or No costs to be incurred by the Town.
maintenance
costs
related
to
the
development.
CDC Report, Page 6 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
(e) to ensure that the proposal does not cause
environmental damage or damage to adjacent
properties through:
i) pollution of soils, water or air
No issues anticipated
ii) erosion or sedimentation
No issues anticipated
iii) interference with natural drainage systems
No issues anticipated
iv) flooding
No issues anticipated
(f) to ensure that the proposal protects and
preserves matters of public interest such as,
but not limited to:
i) historically significant buildings
No issues
ii) public access to shorelines, parks and
No issues
public and community facilities
iii) important and significant cultural features, Landscape Plan shows the preservation of existing tree
along the western boundary line.
natural land features and vegetation
(g) to ensure that the proposed site and building
design provides the following:
i) useable active transportation networks
that contribute to existing active
N/A
transportation links throughout the
community
ii) functional vehicle circulation and parking
and loading facilities designed to avoid
congestion on or near the property and to N/A
allow vehicles to move safely within and
while entering and exiting the property
iii) facilities for the safe movement of
N/A
pedestrians and cyclists
iv) adequate landscaping features such as
trees, shrubs, hedges, fences, flower beds
No significant changes to landscaping are being
and lawns to successfully integrate the
propsed.
new development into the surrounding
area
v) screening of utilitarian elements, such as
but not limited to; mechanical and
N/A.
electrical equipment, and garbage storage
bins
CDC Report, Page 7 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
vi) safe access for emergency vehicles
No issues.
vii) adequate
separation
from,
and
consideration of, public and private utility
N/A
corridors to ensure their continued safe
and functional operation
viii) architectural features, including but not
limited to, mass, scale, roof style, trim
elements, exterior cladding materials, and
the shape, size and relationship of doors
and windows; that are visually compatible
with surrounding buildings in the case of a
new building or with the existing building
in the case of an addition
ix) useable outdoor amenity space for use of
residents in a residential development
Proposed mass, proportions and materials to be used in
this addition match those of the pre-existing dwelling to
which large additions are common within this segment
of the ACA.
N/A
x) accessible facilities for the storage and
N/A
collection of solid waste materials
xi) appropriate consideration
conservation
for
energy The proposed addition will be constructed to National
Building Code standards.
xii) appropriate consideration of and response
to site conditions , including but not The site is relatively flat and grassy with consideration
limited to; slopes, soil, and geological being given to a pre-existing tree nearest the proposed
conditions, vegetation, watercourses, we addition.
lands, and drainage
(h) where Council determines, on the advice of a
licensed professional, that there is a
significant risk of environmental damage from
any proposed development which does not
require
an
assessment
under
the No issues identified.
Environmental
Assessment
Act,
environmental studies shall be carried out at
the expense of the developer for the purpose
of determining the nature and extent of any
environmental impact and no agreement shall
CDC Report, Page 8 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
be approved until Council is satisfied that the
proposed development will not create or
result in undue environmental damage
11)
1.
2.
3.
4.
5.
ATTACHMENTS
Architectural Description of East Main Street “A”
Site Plan and Elevations
Floor Plans
PIM Notes
Draft Development Agreement
CDC Report, Page 9 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
CDC Report, Page 10 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
CDC Report, Page 11 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
CDC Report, Page 12 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Public Information Meeting
Development Agreement Proposal
186 Main Street
Attending:
Staff - Chrystal Fuller, James Collicutt
CDC and Council Members - Jim Morgenstern, Scott Roberts, Dale Gruchy, Mercedes Brian, David
Mangle and 4 members of the public
Bill and Pauline Redden have made application to construct an addition to their home at 186 Main
Street.
James presented an overview of the proposal:
- Addition to a single unit dwelling in an architectural control area.
- Proposal for the addition follows the Architectural Guidelines.
- The addition will not be visible from the street.
- The proposal has been reviewed by the Design Review Committee which provided positive
feedback.
- Overview of the process and relevant MPS policy was provided.
Public Comments and Questions
A member of the public enquired about the slope of their parcel. An accurate description of the slope of
the parcel was established by Bill Redden and the public presented no further questions or comments.
Hearing nothing further the Public Information Meeting was closed.
CDC Report, Page 13 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
This Development Agreement is made this ____ day of _________________, 2014.
BETWEEN:
WILLIAM DALE REDDEN AND MARIE PAULINE BARTLETT-REDDEN
- and TOWN OF WOLFVILLE,
A municipal body corporate,
(Hereinafter called the “Town”)
OF THE SECOND PART
WHEREAS the Developer has requested that the Town enter into a Development
Agreement relating to the use and development of the lands pursuant to the provisions of the
Municipal Government Act and the Municipal Planning Strategy for the Town of Wolfville;
AND WHEREAS a condition of granting approval for the development of the lands is that
the parties enter into this Development Agreement;
AND WHEREAS the Town Council of the Town, at its meeting on *******, 2014, approved
entering into this Development Agreement to permit the establishment of a single unit dwelling
on the lands, subject to the registered owner of the land entering into this Development
Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the covenants made
in this Development Agreement and other valuable consideration the Developer and the Town
agree to the following terms.
CDC Report, Page 14 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
1.
Schedules
1.1
The following schedules form part of this Development Agreement:
Schedule “A” - Plans and Specifications:


Site Plan – Drawings prepared by Vincent den Hartog
Architect.
Elevations – Drawings prepared by Vincent den Hartog
Architect.
Schedule “B” - Legal description of the Lands.
2.
Definitions
2.1
In this Development Agreement:
“Building By-Law” means Chapter 65 of the By-Laws of the Town of Wolfville.
“Building Code Act” means an Act to adopt and implement a building code for
the Province of Nova Scotia RSNS 1989 Chapter 46, as amended.
“Developer” means the owner(s) of the lands (one of the parties to this
Development Agreement), their heirs, agents, successors, assigns, and all
subsequent owners of the lands.
“Development” means the construction of a single unit dwelling and other as-ofright development permitted on the Lands in accordance with the Land Use ByLaw.
“Development Officer” means the Development Officer appointed by the Town
of Wolfville under the provisions of the Municipal Government Act.
“Engineer” means the Engineer appointed by the Town of Wolfville under the
provisions of the Municipal Government Act.
“Effective date” means the date on which this Development Agreement is
deemed to be entered into under the terms of this Development Agreement.
CDC Report, Page 15 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
“Lands” means the real property owned by the Developer and as described in
Schedule “B”.
“Landscaped area” means an area with any combination of living plants, such as
trees, shrubs, vines, ground covers, flowers, or grass; natural features such as
rock, stone, bark chips or shavings; and structural features, including but not
limited to, fountains, reflecting pools, outdoor art work, screening walls, fences,
or benches; which are designed to enhance the visual amenity of a property or
screen any objectionable features which may detrimentally affect adjacent land;
but not including features defined as hard surface in this Development
Agreement.
“Land Use By-Law” means the Land Use By-Law of the Town of Wolfville in force
from time to time, adopted and amended by the Wolfville Town Council under
the provisions of the Municipal Government Act.
“Municipal Planning Strategy” means the municipal planning strategy of the
Town of Wolfville in force from time to time, adopted and amended by the
Wolfville Town Council under the provisions of the Municipal Government Act.
“MGA” means the Municipal Government Act, S.N.S. 1998, c. 18, as amended.
“Planning Documents” means Land Use Bylaw, Municipal Planning Strategy,
Residential Architectural Guidelines and Subdivision Bylaw.
“Subdivision Bylaw” means the Subdivision Bylaw and the Subdivision
Regulations of the Town of Wolfville.
“Town” means the Town of Wolfville, a body corporate with head office at the
Town Hall in the Town of Wolfville, County of Kings and Province of Nova Scotia.
2.2
Where terms (words or phrases) are not defined in this Development
Agreement, definitions in the Town’s planning documents shall apply. Where
terms are not defined in the planning documents, definitions in the MGA shall
apply. Where terms are not defined in the aforementioned sources, their
ordinary meaning shall apply.
CDC Report, Page 16 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
3.
4.
Relevance of Planning Documents and Other Regulations
3.1
This Development Agreement contains definitions and regulations for the
Development. It complements the Town’s planning documents. Unless specified
in this Development Agreement, requirements in the Town’s Planning
Documents shall apply. Where there is a conflict between this Development
Agreement and the Planning Documents, this Development Agreement shall
prevail.
3.2
Legislation outside of this Development Agreement or the Town’s Planning
Documents may be applicable to the Development. However, the terms of this
Development Agreement shall not be materially changed in order to comply with
such legislation without an amendment to this Development Agreement.
Background
The Developer wishes to construct an addition to a single unit dwelling on the Lands.
The dwelling is sited within the Architectural Control Area which requires all additions to
be approved by a Development Agreement, as per Section 12 of the Municipal Planning
Strategy. The parties have therefore agreed to enter into this Development Agreement
with Council on *******, 2014.
5.
Terms
5.1
Development Conditions
5.1.1 Permits and Approvals
5.1.1.1 This Development Agreement allows the Developer to obtain
development permits, other permits, and permissions to construct the
following:
 Any use permitted within the R1-A zone, as amended from time
to time, that complies with the zone standards
 Additions to the single unit dwellings up to 1500 square feet
5.1.1.2 The Developer shall be responsible for providing detail construction
drawings in substantial compliance with the Plans and Specifications of
CDC Report, Page 17 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Schedule “A” and obtaining all necessary permits and approvals
required by law for the Development, including but not limited to
development permits, building permits, and any approvals required
from the Province of Nova Scotia.
5.1.1.3 Obligations or other requirements in this Development Agreement are
those of the Developer, unless otherwise specified.
5.1.2 Landscaping & Site Improvements
5.1.2.1 Pre-existing trees on the Lands, as shown in Schedule “A”, must be preserved.
5.1.2.2 Repairs to the lawn where excavation was necessary for the construction
of the addition must be completed at the soonest possible opportunity
after construction is completed.
5.1.3 Surface Drainage
5.1.3.1 The Developer shall not increase the amount of surface drainage that is
directed onto any property surrounding the lands, including Town
Streets) beyond the amount of surface drainage in existence at the
Effective Date of the Development Agreement.
5.1.4 Architecture & Building Specifications
5.1.4.1
Exterior cladding, trim and roofing materials shall match that of the
pre-existing dwelling in material type and colour.
5.1.4.2
Fenestrations must be constructed as shown in Schedule “A”
notwithstanding adjustments to size, type and/or location necessary to
meet the Nova Scotia Government’s EnerGuide Program minimum
standards.
5.1.5 Timing
5.1.5.1 This Development Agreement shall be deemed to be entered into on
the day following the day on which the time for appeal of Town
Council’s approval to enter it has elapsed, or the day on which any
appeals have been disposed of and the policy of the Wolfville Town
CDC Report, Page 18 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Council approving this Development Agreement has been affirmed by
the Nova Scotia Utilities and Review Board, under the provisions of the
MGA, or other judiciary body as applicable. All other time requirements
imposed in this Development Agreement shall be calculated from that
date, the effective date.
5.1.5.2 All development enabled by the Development Agreement shall be
completed within 5 (five) years of the signing of this Development
Agreement.
5.1.6 Amendment
5.1.6.1 With the exception of matters which the Town and the Developer do
not consider to be substantive, the amendment of any other matter in
this Development Agreement can only be made under the provisions of
Section 230 of the MGA, including the holding of a Public Hearing.
5.1.6.2 Following are matters in this Development agreement which the Town
and the Developer do not consider to be substantive:
(a) The requirements for completion imposed by paragraph 5.1.10.2
5.1.6.3 The Development Officer may approve a request by the Developer for a
minor variation or modification to the plans and specifications of the
Development as included in Schedule “A”, provided the requested
change is substantially compliant with the terms and intent of the
Development Agreement.
5.1.7 Expenses
5.1.7.1 The Developer shall pay all costs and expenses incurred by the Town
related to this Development Agreement including but not limited to;
advertising; notification of adjoining landowners; and solicitor's fees
and disbursements incurred in drafting this Development Agreement.
5.1.8 Liability
5.1.8.1 The Developer shall be liable for any damage caused to persons or
public or private property by the Developer or any contractor or other
individual doing work related to the Development. The Developer shall
indemnify the Town and save it harmless from any claim, cause of
CDC Report, Page 19 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
action, or liability in any way relating to the Development. The
Developer shall obtain and maintain in force throughout the course of
construction on the Development, liability insurance coverage to insure
the responsibilities which the Developer is assuming in this section.
5.1.9 Default
5.1.9.1 Any expenses the Town incurs to enforce the terms of this
Development Agreement are payable to the Town.
5.1.9.2 If the Developer breaches any of the terms of this Development
Agreement, the Town, at its sole option, may:
(a) Terminate this Development Agreement;
(b) Exercise its rights under paragraph 5.1.9.1 above; or,
(c) Take no action.
5.1.9.3 Any election by the Town to take no action on a breach of this
Development Agreement by the Developer shall not bar the Town from
exercising its rights under this Development Agreement on any other
breach.
6.
Warranties by the Developer
6.1
Title and Authority
6.1.1 The Developer warrants as follows:
(a) The Developer has good title in fee simple to the Lands or good
beneficial title subject to a normal financing encumbrance, or is the
sole holder of a Registered Interest in the Lands. No other entity has an
interest in the Lands which would require their signature on this
Development Agreement to validly bind the Lands or the Developer has
obtained the approval of every other entity which has an interest in the
Lands whose authorization is required for the Developer to sign this
Development Agreement to validly bind the Lands.
(b) The Developer has taken all steps necessary to, and it has full authority
to, enter this Development Agreement.
CDC Report, Page 20 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
7.
Full Agreement
7.1
Other Agreements
7.1.1 This Development Agreement constitutes the entire agreement and
contract entered into by the Town and the Developer. No other
agreement or representation, whether oral or written, shall be binding.
8.
Notice
Any notice to be given under this Development Agreement shall be made in writing and
either served personally or forwarded by courier or by registered mail, postage prepaid, if
to the Town to:
Town of Wolfville
Town Hall
359 Main Street
Wolfville, Nova Scotia
B4P 1A1
Attention: Development Officer
and if to the Developer:
Bill and Pauline Redden
23 Sherwood Drive
Stillwater Lake, NS
B3Z 1G9
9.
Headings
The headings used in this Development Agreement are for convenience only. If any of
the headings are inconsistent with the provisions of the Development Agreement which
it introduces, the provisions of the Development Agreement shall apply.
CDC Report, Page 21 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
10.
Binding Effect
This Development Agreement shall endure to the benefit of and be binding upon the parties to
this Development Agreement, their respective successors, administrators, and assigns.
11.
Execution
In witness of this Development Agreement the parties have signed, sealed and delivered
it to each other on the date set out at the top of the first page.
SIGNED, SEALED AND DELIVERED )
In the presence of:
)
)
) TOWN OF WOLFVILLE
)
)
) By _____________________________
)
MAYOR
________________________________ )
Witness
)
)
) By _______________________________
)
CHIEF ADMINISTRATIVE OFFICER
)
)
SIGNED, SEALED AND DELIVERED )
In the presence of:
)
)
)
________________________________ ) By _______________________________
Witness
)
WILLIAM DALE REDDEN
)
)
________________________________ ) By _______________________________
Witness
)
MARIE PAULINE BARTLETT-REDDEN
)
CDC Report, Page 22 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
CANADA
PROVINCE OF NOVA SCOTIA
COUNTY OF KINGS
I certify that on ______________________,2014, _____________________________________
a witness to this agreement came before me, made oath, and swore that the TOWN OF
WOLFVILLE, caused the same to be executed by its proper officers who affixed its Corporate
Seal and subscribed their hands in its name and in its behalf in his/her presence.
__________________________________________
A Commissioner of the Supreme Court of Nova Scotia
CANADA
PROVINCE OF NOVA SCOTIA
COUNTY OF KINGS
I certify that on ___________________________,2014, ________________________________
a witness to this agreement came before me, made oath, and swore that WILLIAM DALE
REDDEN AND MARIE PAULINE BARTLETT-REDDEN caused the same to be executed by its
authorized representatives and subscribed their hand in his/her presence.
__________________________________________
A Commissioner of the Supreme Court of Nova Scotia
CDC Report, Page 23 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Schedule “A”
CDC Report, Page 24 of 25
REPORT TO COMMUNITY DEVELOPMENT COMMITTEE
Development Agreement Proposal – Addition to 186 Main St.
Date:
Department: Planning
Schedule “B”
Parcel Description
ALL that lot of land situate on the Northern side of Main Street in the Town of Wolfville in the County
of King in the Province of Nova Scotia, which may be bounded and described as follows:
BEGINNING on the Northern side of Main Street and at the Southwestern angle of lands of one
Maneely;
THENCE to run North thirteen degrees east along the line of lands of the said Maneely 419.2 feet;
THENCE to run North thirty-eight and one-half degrees West, 104.9 feet;
THENCE to run South eleven degrees West 461.3 feet or to the Northern side of Main Street aforesaid
at a point 72.8 feet in a Northwesterly direction from the place of beginning;
THENCE to run in a Southeasterly direction along the said Main Street 72.8 feet or to the place of
BEGINNING.
THE SAID LANDS AND PREMISES BEING the greater part of Lot No. 2 and a small portion of Lot No. 1
as delineated upon a Plan of the said lands made by Seth W. Crowell P.L.S. dated August 9, 1924, and
on the file in the Office of the Registrar of Deeds, Kentville, in the said County of Kings as of
September 2, 1924 under Plan A-16, the Western boundary of the lands hereby conveyed being fixed
as South eleven degrees West and not being the division line between Lot No. 1 and Lot No. 2 as
shown upon said Plan.
BEING AND INTENDED TO BE the same land as conveyed to Alvin B. Benjamin and Beulah M.
Benjamin as Joint Tenants from Charles Townsend and Lila Townsend by Deed dated July 21, 1978,
and recorded in the Kentville Registry of Deeds Office in Book 446 at Page 70.
THE ABOVE BEING AND INTENDED TO BE those same lands and premises conveyed by Alvin B.
Benjamin and Beulah M. Benjamin, spouses, to Kenneth William Blake and Mildred Blake, spouses, as
Joint Tenants, by Warranty Deed dated July 6, 1982 and recorded on July 19, 1982 in the King County
Registry of Deeds in Book 545 at Page 74 as Document No. 6326. Mildred Blake died on October 11,
1986, leaving her husband Kenneth William Blake as sole surviving Joint Tenant and owner of the
above described lands by right of survivorship.
*** Municipal Government Act, Part IX Compliance ***
Not Subject To:
The parcel was created by a subdivision that predates subdivision control or planning legislation or bylaws in the municipality and therefore no subdivision approval was required for creation of this parcel.
CDC Report, Page 25 of 25