Common use of Existing Development Agreement Clause in Contracts

Existing Development Agreement. The original development agreement (2002) allows a mixed residential and commercial community surrounding the Brunello Golf Course in Timberlea. The existing development agreement permits 3,200 dwellings in a mix of single unit dwellings, two-unit dwellings, townhouses and apartment buildings and provides a conceptual layout of the planned community. The agreement sets up the parameters of the planned community, and then requires non-substantive amendments to the agreement to implement the Case 24123: Amending Development Agreement The Links at Brunello, Timberlea Community Council Report - 3 - January 17, 2023 development as envisioned. As this request would modify what the original concept envisioned, the amendment would follow the substantive amendment process and require a public hearing. Since its original approval, the development agreement has been amended upwards of a dozen times, most recently by Halifax and West Community Council on July 19, 2022 (Case 23016), to allow residential development fronting on certain golf holes within the Links at Brunello planned community development and changes to certain Golf Course Safety Margin boundaries. Enabling Policy and LUB Context The enabling policy is Policy UR-27 of the Timberlea-Lakeside-Beechville MPS, which reads as follows: Within the area as shown on Map UR-1, Council may consider permitting a mixed use development, with a range of land uses including a golf course, low density residential, townhousing, multiple unit dwellings, a town centre, various commercial development, and an office campus. Such development may only be considered through the development agreement process, and pursuant to the policies outlined specific to this site and having regard to the provisions of Policy IM- 12. The subject lands are split zoned C-2 (General Business) and CDD (Comprehensive Development District) under the LUB. Development within the C-2 zoned portion of the lands is permitted as-of-right in accordance with the provisions of the C-2 Zone and consistent with the intent of the development agreement. No development is permitted in the CDD zoned portion except by development agreement. The C-2 (General Business) Zone permits retail and food stores; service shops; offices; commercial schools; financial uses; restaurants (and drive-in and take-out); car lots; shopping plazas and malls; lodging and associated entertainment uses; commercial recreation; service stations; taxi and bus depots; parking lots; greenhouses and nurseries; veterinary uses; recycling depots; theatres and cinemas; trades contracting services and shops; and local fuel distribution facilities.

Existing Development Agreement. The original On April 22, 2002 the former Western Region Community Council approved a development agreement (2002Case 00439) allows under policy UR-17 of the Municipal Planning Strategy for Timberlea/ Lakeside/ Beechville (MPS) to allow a mixed residential care facility for up to 20 persons (woman and commercial community surrounding their children, youths) at the Brunello Golf Course subject site1. An occupancy permit was issued in Timberleaearly 2004 and the facility was originally branded as the Nahum Centre. The Under the terms of the existing development agreement, the residential care facility is limited by both the number of persons able to reside at the facility (20) and a requirement that the facility conform to a site plan and elevation drawings which reflect the use and building configuration. As a result, the expansion or redevelopment of the facility is not permitted under the existing agreement. However, the proposed changes can be considered through an amendment to the existing agreement or a discharge of the existing agreement and the creation of a new one in accordance with Policies UR-17 and IM-11 of the MPS. Given the existing development agreement permits 3,200 dwellings was written and approved by Community Council approximately 18 years ago, and the changes required to amend the existing agreement to enable the proposal are extensive, the creation of a new agreement with updated, standardized language has been the approach taken in this application. Should Community Council choose to approve the proposed development agreement (Attachment A), a mix of single unit dwellings, two-unit dwellings, townhouses and apartment buildings and provides a conceptual layout discharge of the planned communityexisting agreement from the property must be jointly approved (Attachment B). The agreement sets up the parameters Recommendations section of the planned community, and then requires non-substantive amendments to the agreement to implement the Case 24123: Amending Development Agreement The Links at Brunello, Timberlea Community Council Report - 3 - January 17, 2023 development as envisioned. As this request would modify what the original concept envisioned, the amendment would follow the substantive amendment process and require a public hearing. Since its original approval, the development agreement has been amended upwards of a dozen times, most recently by Halifax and West Community Council on July 19, 2022 (Case 23016), to allow residential development fronting on certain golf holes within the Links at Brunello planned community development and changes to certain Golf Course Safety Margin boundariesreport accommodates that approach. Enabling Policy and LUB Context The enabling policy subject site is Policy UR-27 designated Urban Residential under the Timberlea/Lakeside/Beechville Municipal Planning Strategy (MPS). Within this designation, the MPS prioritizes the continuation, and protection, of established low-density residential development, but also acknowledges that compatible institutional uses support a more diverse residential environment. The MPS states it is common for many types of community facility uses to locate in residential neighbourhoods to facilitate the social and physical integration of the Timberlea-Lakeside-Beechville MPS, which reads as follows: Within people served by the area as shown on Map UR-1, Council facilities. The proposed development agreement contained within Attachment A may consider permitting a mixed use development, with a range of land uses including a golf course, low density residential, townhousing, multiple unit dwellings, a town centre, various commercial development, and an office campus. Such development may only be considered by Community Council in accordance with Policies UR-17 and IM-11 of the MPS (Attachment C). Policy UR-17 allows Council to consider residential care facilities through the development agreement process to ensure any compatibility concerns are adequately addressed. Policy criteria includes items such as: the design and scale of the buildings relative to the surrounding neighbourhood; and other considerations relative to the needs and services provided by the specific facility. Policy IM-11 contains general implementation policy criteria such as: the adequacy or proximity to schools, recreation or other community facilities; the adequacy of road networks serving the development; signage; and, site suitability with respect to environmental considerations (locations of watercourses etc.). The applied zoning that underlies the existing development agreement is the R-2 (Two Unit Dwelling) Zone of the Timberlea/ Lakeside/ Beechville Land Use By-law (LUB). The R-2 Zone permits limited residential uses and most institutional uses. Residential care facilities are not permitted within the R-2 Zone through an as-of-right process. This is consistent with MPS policy which provides for residential care facilities through the development agreement process, and pursuant to the policies outlined specific to this site and having regard to the provisions of Policy IM- 12. The subject lands are split zoned C-2 (General Business) and CDD (Comprehensive Development District) under the LUB. Development within the C-2 zoned portion of the lands is permitted as-of-right in accordance with the provisions of the C-2 Zone and consistent with the intent of the development agreement. No development is permitted in the CDD zoned portion except by development agreement. The C-2 (General Business) Zone permits retail and food stores; service shops; offices; commercial schools; financial uses; restaurants (and drive-in and take-out); car lots; shopping plazas and malls; lodging and associated entertainment uses; commercial recreation; service stations; taxi and bus depots; parking lots; greenhouses and nurseries; veterinary uses; recycling depots; theatres and cinemas; trades contracting services and shops; and local fuel distribution facilities.

Existing Development Agreement. The On February 23, 2015, North West Community Council approved the original development agreement agreement1 (2002Case 19206) allows a mixed residential and commercial community surrounding for the Brunello Golf Course in Timberleasubject site. The development agreement: • Allows for the existing development agreement permits 3,200 dwellings in buildings to remain; • Allows a mix of single unit dwellings, two-unit dwellings, townhouses and apartment buildings and provides a conceptual layout limited amount of the planned community. The agreement sets up existing buildings to be converted to a limited selection of commercial uses in addition to the parameters existing motel use; • Allows the subdivision of the planned communitylands in accordance with the Bedford Land Use By-law and Regional Subdivision By-law, however, does not specify the minimum lot area or frontage required for a new lot; and then requires non-substantive amendments to the agreement to implement the 1 February 23, 2015 North West Community Council Agenda | Xxxxxxx.xx Case 2412321826: Amending Development Agreement The Links at BrunelloEsquire and Travelers Motel, Timberlea Bedford Highway, Bedford Community Council Report - 3 - January 17, 2023 development as envisioned. As this request would modify what the original concept envisioned, the amendment would follow the substantive amendment process and require a public hearing. Since its original approval, the development agreement has been amended upwards of a dozen times, most recently by Halifax and West Community Council on July 19June 20, 2022 (Case 23016), to allow residential development fronting on certain golf holes within • Requires a non-disturbance area in the Links at Brunello planned community development and changes to certain Golf Course Safety Margin boundariesrear yard. Enabling Policy and LUB Land Use By-law (LUB) Context The enabling policy subject site is Policy UR-27 designated Commercial Comprehensive Development District (CCDD). Subject to policies C-7, C-8, C-9, and C-13 of the Timberlea-Lakeside-Beechville Bedford Municipal Planning Strategy (MPS), which reads as follows: Within the area as shown on Map UR-1, Community Council may consider permitting a mixed applications for commercial and mixed-use development, with a range of land uses including a golf course, low density residential, townhousing, multiple unit dwellings, a town centre, various commercial development, and an office campus. Such development may only be considered through the development agreement processprocess for CCDD designated lands. In addition to Implementation Policy Z-3, the enabling policies provide criteria for considering the development of the site including regard for the scale, compatibility, and pursuant built form of the development, availability of services, conservation of the natural environment, and delineation of a road reserve to provide a connection between the Bedford Highway and the waterfront lands to the policies outlined specific to this site and having regard to north of the provisions of Policy IM- 12site. The subject lands are split site is zoned C-2 (General Business) and CDD (Comprehensive Development District) CCDD under the LUBBedford Land Use By-law. Development within in the C-2 zoned portion of the lands CCDD Zone is only permitted as-of-right if it is in accordance conformance with the provisions of the C-2 Zone and consistent with the intent of the an approved development agreement. No development is A variety of uses may be permitted in the CDD zoned portion except by development agreementzone, including residential, commercial, and institutional uses, and existing uses including the Travelers and Esquire Motels. The C-2 (General Business) Zone permits retail and food stores; service shops; offices; commercial schools; financial uses can include neighbourhood commercial uses; restaurants (and drive-, office buildings, uses permitted in and take-out); car lots; shopping plazas and malls; lodging and associated entertainment uses; commercial recreation; service stations; taxi and bus depots; parking lots; greenhouses and nurseries; veterinary uses; the CGB Zone, recycling depots; theatres , and cinemas; trades contracting services and shops; and local fuel distribution facilitiesbilliard/snooker clubs.