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HomeMy WebLinkAboutPSD-064-06 cw.pn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, May 29, 2006 Report #: PSD-064-06 File #: 18T - 89048 By-law #: Subject: REVIEW OF CONDITION 34 OF DRAFT APPROVED PLAN OF SUBDIVISION 18T -89048 OWNER: VELTRI & SONS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-064-06 be received; 2. THAT in consideration of the direction provided by General Purpose and Administration Committee to staff at their May 23, 2006 meeting, that Condition 34 of Draft Approved Plan of Subdivision 18T -89048, as Draft Approved on December 13, 2004 (Report PSD- 138-04) be deleted and replaced with a new Condition 34 as contained in the Attachment #4; 3. THAT the Region of Durham, Kawartha Pine Ridge District School Board and the interested parties listed to this report be advised of Council's decision. Submitted by: D vi . Crome, M.C.I.P., R.P.P. Director of Planning Services d~-kR Reviewed by: Franklin Wu, Chief Administrative Officer CS/CP/DJC/jd May 25, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-064-06 PAGE 2 1.0 INTRODUCTION 1.1 At the General Purpose and Administration Committee of May 23, 2006, Mr. Nick Mensink of Sernas Associates appeared before Committee on behalf of Mr. Mario Veltri requesting that the Condition 34 to Draft Approved Plan of Subdivision 18T 89048 (Newtonville Estates) be revised to allow Phase 1, containing 20 lots, to be developed without a walkway connection to the existing portion of Jones Avenue and Newtonville Public School. Committee passed the following resolution: "THA T the delegation of Nick Mensink, Sernas Associates, on behalf of Mario Veltri be referred to staff to report back to Council within one week concerning the request to proceed with phasing of the Newtonville Estates Development.". 1.2 Although it is not specifically stated in the resolution, it was the committee's intention to permit the phasing without the walkway connection being required for the first 20 lots. 2.0 BACKGROUND 2.1 On December 13, 2004, Council endorsed Report PSD-138-04 approving Plan of Subdivision 18T-89048 for a 39 unit residential plan of subdivision (Veltri's Newtonville Estates) and authorized the Director of Planning Services to issue Conditions of Draft Approval. Plan of Subdivision 18T-89048 is in the south east quadrant of Newtonville and is immediately abutting the east limits of draft approved plan of subdivision 18T- 87083 (Newtonville Gardens) (see Attachment No.1). 2.2 Comments from the Kawartha Pine Ridge District School Board, were contained in Staffs Report, requesting that adequate provision for sidewalks be made. Specifically, should the Veltri plan of subdivision proceed in advance of the draft approved plan of subdivision 18T-87083 to the west, a hard surfaced walkway from the westerly boundary of 18T-89048 at Jones Avenue to the easterly limit of the existing Jones Avenue was to be provided. The walkway would stay in place until Plan 18T-87083 is developed. The Owner is required to negotiate an easement over the intervening draft approved lands in order to facilitate such a walkway, if the necessary lands can not be purchased. Maintenance of the walkway is to be provided year round at no cost to the Board. Based on this comment condition of Draft Approval No. 34 was included (see Attachment No.2). The Municipality of Clarington is required to clear this condition of Draft Approval, not the Kawartha Pine Ridge District School Board. 3.0 STAFF COMMENTS 3.1 Mr. Veltri has been unsuccessful in his attempts to negotiate with the adjacent landowner (18T 87083) to obtain either an easement to provide the walkway or acquire the lands to provide for the extension of Jones Avenue. Mr. Veltri is requesting to proceed with twenty lots, in the first phase of the subdivision without implementing the REPORT NO.: PSD-064-06 PAGE 3 requirements of Condition 34, but deferring the condition until Mr. Veltri proceeds towards the registration of Phase II. Mr Veltri and Mr Mensick suggested a warning could be registered on title of the 20 lots advising that purchasers that children attending Newtonville Public School from a dwelling unit in Phase I would have to walk north to Highway 2, west to Regional Road 18 and than south to the school. 3.2 Staff discussed the matter with Staff at the Kawartha Pine Ridge District School Board and they offered no objection to Phase I proceeding without the installation of a pedestrian connection though Jones Avenue. 3.3 Staff from Planning Services and Engineering Services have reviewed the proposal and offer the following comments. 3.3.1 The walking distance from the mid-point of the draft approved plan of subdivision to the Newtonville Public School through Jones Avenue extension is approximately 710 metres. The walking distance from the mid-point of the draft approved plan via the extension of the road yet to be constructed between Lots 6&7 to Highway 2 and along Regional Road 18 is 1770 metres; a difference of approximately one (1) kilometre. There are no sidewalks along Highway 2 or Regional Road 18 (See Attachment No.3). It would be preferable to provide a more direct route to the school. The Engineering Services Department does not endorse directing pedestrians along Highway 2 and Regional Road 18 due to lack of sidewalks on these busy roads. 3.3.2 At the present time there are a number of pedestrian pathways through the both plans of subdivision 18T-89048 (Newtonville Estates) and 18T-87083 (Newtonville Gardens). Deferring the installation of this connection may increase trespassing through the privately owned lands or may trigger a request from future residents for the installation of a sidewalk connection. 3.3.3 All other Conditions of Draft Approval remain unchanged by the request, with the exception of Condition 34, and are to be fulfilled by the applicant. 4.0 RECOMMENDATIONS 4.1 The applicant suggested that a Condition be added to the purchase and sale agreements advising purchasers in Phase 1 that access to the school on Regional Road 18 will be by way of Payne Crescent and Highway 2. To facilitate the direction provide by the General Purpose and Administrative Committee, staff respectfully request that a revised Condition 34, as shown on Attachment 4 be approved. Attachments: Attachment No. 1 - Key Map Attachment NO.2 - PSD-138-04 Attachment No. 3 - Possible Commuting Routes Attachment NO.4 - Revised condition No. 34 REPORT NO.: PSD-064-06 PAGE 4 List of interested parties to be notified of Council's decision: Mario Veltri Nick J. Mensink, P. Eng Attachment No, 1 To Report PSD-064-06 .~~ ~~ Paynes Crescent "0 0:: ~ '> -I: o j Q) z d::J ...... \ ! I , ! i ! ~ I , , ! ! \ I i ~ "0 I ~ ! ~ l /,~! 0:: I \ \ , r-~4~~ / ~ \ I : \ . , I .~ _~_ ___ ~.____ __~~=::c_=-~ --'::1 ~. _...._..~.:.:.-.-;::;-- tv -- ;;r~. ~ ~~c~~~~-~-~-- Highway No. 401 1/ / I KEY MAP NEWTONVILLE ESTATES (18T-89048) NEWTONVILLE GARDENS (18T-87083) II I I I I I I I I I I ~ Attachment NO.2 To Report PSD-064-06 Cl!J!il1gtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTI;E Date: Monday, November15, 2004 &51:i~;4- - Lf~ 1-0'-( By-law #: Report #: PSD-138-04 File #: 18T -89048 and DEV 89-029 Subject: REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL DEVELOPMENT VELTRI AND SON LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-138-04 be received; 2. THAT the application for proposed Draft Plan of Subdivision 18T-89048, as amended and submitted by Sernas Associates on behalf of Veltri and Son Limited (Newtonville Estates) be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 3 be forwarded to Council for approval; THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time. that all the conditions for the related plan of subdivision have been fulfilled; THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington and at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; 3. 4. 5. 6. 7. THAT all interested parties and any delegations be advised of Council's decision. .. . t: IJUJ REPORT NO.: PSD-138-04 PAGE 2 Submitted by: D i . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: U~--LQ~~ Franklin Wu, Chief Administrative Officer BR*L T*DJC*df 4 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 1506 REPORT NO.: PSD-138-04 PAGE 3 1.0 APPLICATION DETAILS 1 ,1 Owner: Veltri and Son Limited 1.2 Applicant/Agent: Sernas Associates 1.3 Rezoning: from "Agricultural (A) Zone" to "Residential Hamlet Exception (RH- 17) Zone" in order to permit the proposed draft plan of subdivision. 1.4 Area: 30,336 hectares (74.96 acres) 1.5 Location: The area subject to the proposal is located in the south eastern quadrant of Newtonville, on the proposed easterly extension of Jones Avenue and south of Paynes Crescent. The legal description is Part Lot 7, Concession 1, former Township of Clarke. 2.0 BACKGROUND 2.1 On November 29, 2002, the Planning Services Department received the last of the revision documents required to circulate the revised proposed plan of subdivision and related zoning by-law amendment application. The subdivision application proposes to create 39 lots for single-family detached dwellings, a storm water management block, a block reserved by the owner and local roads. 2.2 A public meeting for the proposed plan of subdivision and rezoning was held on January ...... 6, 2003. Three neighbours spoke with concern for aspects of the subdivision proposal. 2.3 One neighbour was the organizer of a petition that was signed by eight households from Jones Avenue to oppose the proposal due to pre-maturity regarding lack of community services. '-" To the signers it appeared Jones Avenue would be the sole access to the entire subdivision placing an inappropriately large traffic burden on this street and imperilling emergency access. They foresaw approximately 80 vehicles per day using the street from the proposed subdivision. They said this figure would increase when the developer started building on Block 41 and that the Veltri lands plus the Quadrillium lands could generate as much as 250 vehicles per day travelling on Jones Avenue. It was noted these vehicles would be generally travelling past Newtonville Public Elementary School making the traffic situation at the school much worse. A second access was suggested using either the road allowance extending north to Paynes Crescent or a westerly extension to Street "B" to connect to Newtonville Road. REPORT NO.: PSD-138-04 PAGE 4 They stated septic systems for all of the above-mentioned houses would, in total, be an environmental nightmare. They suggested this housing was on the "Ganaraska Forest Watershed". Concern was expressed as to what the storm water runoff "would do" to Highway 401 and lands and wells to the south. They argued more houses in the area will necessitate more policing and taxes to pay for it, and specifically, additional youth from the new housing would generate a further policing problem given the area's relative lack of transit and recreational opportunities. 2.4 The other two neighbours agreed with the petitioners and one claimed approval of the proposal would double Newtonville's population. 2.5 No one spoke in support of the applications. The agent for the owners, G.M. Sernas & Associates, noted that the lands are designated residential and that a detailed hydrogeological analysis has been undertaken. Half-acre lots will be in the northern and western portions of the site and the owner is willing to use the unopened road allowance between Part Lots 6 and 7. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The topography of this now vacant property is relatively flat, with a gentle incline toward the southeast where the Bouchette Point Creek and its valleylands are situated. The property is almost completely within the Lake Iroquois Beach/Shoreline. A little over half the site - its east-central and southern portions (Block 41, reserved by the owner and the subdivision's nitrate dilution area) are generally covered with tableland woodlot. The subdivision's 39 dwellings are proposed for the northern portion of the property. ~ 3.2 The surrounding land uses are as follows: North: South: East: West: Hamlet Residential with frontage on Paynes Crescent Highway 401 Valleylands, Tableland Woodlot and Meadowlands 28 unit Draft Approved Plan of Subdivision on Valleylands, Tableland Woodlot and Meadowlands 4.0 OFFICIAL PLAN CONFORMITY 4.1 The Durham Regional Official Plan designates the property Hamlet. In Policy 13.3.5, new municipal water service to a Hamlet is intended for only the hamlet area delineated in the Area Municipal Official Plan. Municipal water service was extended to Newtonville in 1989. The application subject to complying with the relevant portions of Policy 13.3.9 would conform to the Regional Plan. Regional staff will be providing comments on these matters. --- REPORT NO.: PSD-138-04 PAGE 5 4.2 The Clarington Official Plan designates the southern portion of the property Environmental Protection Area and the remainder Hamlet Residential. A significant valleyland runs along the southern edge of the property and a tableland woodlot is located on the north side of the valleylands. Policies within the Plan stipulate an Environmental Impact Study is to be undertaken for any development applications located within or adjacent to any natural features identified in the Plan's Natural Features and Land Characteristics Map. An Environmental Impact Study is required and it is now complete. The draft Plan of Subdivision as submitted meets the policy requirements of the Official Plan. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part "Agricultural (A)" and in part "Environmental Protection (EP)". The proposed development does not conform, hence, the rezoning application. 6.0 AGENCY COMMENTS 6.1 The application was circulated to various agencies and other departments. Comments and requested conditions of draft approval received to date are as follows. 6.2 The Regional Police Service and Hydro One Networks Inc. had no concerns. ....... 6.3 The separate school board requested that adequate provision for sidewalks be made. 6.4 The public school board requested that adequate provision for sidewalks be made, Specifically, a hard surfaced walkway is requested from the westerly boundary of 18T- 89048 at Jones Avenue to the easterly limit of the existing Jones Avenue. This walkway shall stay in place until Plan 18T -87083 is developed. Maintenance of the walkway is to be provided year round at no cost to the Board. This request has been included in the Conditions of Draft Approval. 6.5 The Clarington Emergency and Fire Services Department noted that the maximum length of a dead end street without a turn-around is 90 metres. 6.6 The Engineering Services Department offered no objections to the application and provided a list of requirements which have been included in the list of Conditions of Draft Approval in Attachment 2. '-' 6.7 The Regional Planning Department commented the subject property is in the Hamlet of Newtonville and hamlets shall be the predominant location for rural settlement. Hamlet settlement shall have a potable water supply and soil that is satisfactory for private sewage systems for each proposed lot, all in compliance with the standards of the Region and the Ministry of the Environment. The Department further noted that a REPORT NO.: PSD-138-04 PAGE 6 hydrogeological report was provided by the owner and peer reviewed to the satisfaction of the Region. A site servicing plan and a final subdivision grading plan are to be submitted to the satisfaction of the Regional Health Department in accordance with Policy 13.3,9. The proposed plan of subdivision appears to conform to the Regional Official Plan. Regarding the Region's delegated review responsibilities for provincial interests, there may be a noise problem for the subdivision due to the proximity of Highway 401. A Noise Impact Study should be submitted to address noise from this highway, in accordance with provincial criteria and regional policy. The Region noted the preparation of the Environmental Impact Study (jointly coordinated by Clarington and the Ganaraska Conservation Authority) that examined the proposed subdivision's impact on the various environmental features and functions found in the woodlot and associated environmental protection area in the south portion of the property. Also noted was the proposed storm water management facility that was intended to mitigate impacts on the above environmental features and functions. The Region commented that the conservation authority must be satisfied in regards to the above issues. ....... Regional water service was to be accessed from the Jones Avenue watermain and the Paynes Crescent watermain. For the latter watermain the Owner will be required to extend it south on the Lots 6 & 7 unopened road allowance to the extended Jones Avenue and then westerly to the Jones Avenue watermain including through the future development of the Plan of Subdivision on the west (18T-87083). A 6.0 metre watermain easement will be required from the existing Jones Avenue through the future development of 18T-87083. Regarding regional development charges and water supply capacity charges, through agreement with the Region, the owner has a credit for 33 housing units. With the proposed 39 unit plan, the Owner will be required to purchase 6 units of water supply capacity at $6,000 per unit, and pay development charges at current rates, for the 6 units. Regional sanitary sewer service is not available to the Hamlet of Newtonville and there are no plans to make it available. Private sanitary service is the only feasible method of servicing. The Regional Health Department has stated that the necessary geo-technical information, including a peer review from the Region's hydro-geological consultant, confirmed that this proposed development can be serviced on the basis of private sewage disposal systems and a municipal water system. The Region has provided nine (9) conditions of draft approval, all of which are contained '-" in Attachment 2. 6.8 The Ganaraska Region Conservation Authority has reviewed the revised plan and noted their concerns for Lots 26 to 30 and Block 40 have been met. The Authority's five (5) conditions of draft approval are included in Attachment 2. REPORT NO.: PSD-138-04 PAGE 7 6.9 The Ministry of Transportation - Ontario (MTO) noted in preliminary comments, a Ministry Permit is required for all signs visible to Highway 401. A condition of draft approval was requested and subsequently included in Attachment 2, stating that prior to final approval, the owner was to submit to the Ministry for approval, a copy of a drainage/storm water management plan/report showing intended treatment of the calculated runoff. 6.10 Enbridge Consumers gas requested four (4) conditions be included in the list of Draft Conditions and subsequent entry in the Municipality's subdivision agreement (see Attachment 2). 6.11 Bell Canada noted that after detailed review of the plan, it was concluded that adequate telecommunication facilities exist in the area and therefore, Bell Canada does not require any easement or lease. Two conditions were requested for inclusion in the draft condit,ions (see Attachment 2). 6.12 Canada Mortgage and Housing Corporation, Canada Post Corporation, the French- language public school board, the French-language separate school board and the Local Architectural Conservation Advisory Committee did not send any comments. 7.0 STAFF COMMENTS 7.1 The concerns raised by residents have been addressed as follows: .-. a) ..... Jones A venue - Sole access to the Subdivision and overloaded with vehicular traffic. The Veltri Subdivision proposes 39 dwellings. The Ouadrillium Subdivision is draft approved for 28 dwellings. Each draft plan complies with the Official Plan designation and development density for the Hamlet of Newtonville. In the short term, all access for the Veltri subdivision will be accommodated through the use of the road allowance between Lots 6 and 7. The opening of the road allowance between the existing and proposed segments of Jones Avenue will be provided for through the development of the Ouadrillium Subdivision. While traffic will obviously increase, it is not significant and well within the traffic levels appropriate for a residential street. b) All the Septic Systems would be a niqhtmare in the "Ganaraska Forest Watershed". This area is not part of the Ganaraska River watershed. An Environmental Impact Study has been done for the Subdivision and the draft plan modified accordingly. A hydrogeological study, a peer review of this study, a Regional Health Department review of the peer review, and related conditions of draft approval are all designed to ensure that the septic systems will not endanger human health. REPORT NO.: PSD-138-04 PAGE 8 c) Approvinq the Veltri Subdivision would double Newtonville's population. The application as submitted complies to the Official Plan designation and the Official Plan density provisions for the lots. This growth has been anticipated and should have been understood by all residents of Newtonville because it was the funding mechanism that enabled water services to be extended to existing residents. 7.2 This plan of subdivision will be constructed to a semi-urban standard due to drainage constraints which would otherwise be problematic. 7.3 The Veltri Subdivision is abutted on the west by draft-approved plan of subdivision 18T- 87083 (Quadrillium). This plan was approved in 1992 and it has 28 single detached units and a park that is bordered by the school, Regional Road 18/Newtonville Road, Jones Avenue, and Street "A" of 18T-87083. This park, when built, will provide recreational opportunities for the residents of both subdivisions. 7.4 The Environmental Impact Study determined there are no features of special significance within the area proposed for development. To the south of the development area, the existing woodlot includes upland, lowland and wetland environments and two small drainage features. Discharge and seepage areas are within the woodlot feature, which has a slope break along its northerly perimeter adjacent the development area. The woodlot habitat is in excellent condition, forming a large, contiguous block of natural vegetation and providing excellent deer habitat. It is also connected to wooded and wetland features east and west of the property and if these connections are maintained interior forest habitat conditions may be possible, The condition of the vegetation, the limited disturbance of the woodlot and the general absence of invasive species support the need to protect the woodlot. Clearly the woodlot is linked to the headwaters of Bouchette Point Creek a coldwater stream, and is protecting a discharge area to the creek. '-' 7.5 At the time of the Study, the subdivision proposal impacted on the existing woodlot in a number of ways such as: · The proposed stormwater pond outleted into the cedars to the south, likely excessively watering them and causing them to decline; and · The above pond, Lots 26 and 27 encroached into the woodlot. 7.6 The Study concluded the proposed development could be accommodated within the environmental constraints of the site provided the environmental protection measures the proponent has agreed to are made conditions of approval, including: --.. · Revising the conceptual stormwater management design to address not the 1994 but the 2003 version of the MOE Stormwater Management Best Management Practices Manual (now Condition 36); REPORT NO.: PSD-138-04 PAGE 9 7.7 ..... 7.8 ....... · Providing storm water infiltration within the pond and in the swales that convey runoff to the pond thereby generating protection from: ~ Downstream erosion, increased stream water temperatures that harm coldwater fish, decreased base flows in Bouchette Point Creek and decreased water table elevations (now Condition 37); · Adhering to 39 lots as the maximum number for the site as evidenced by nitrate and water balance calculations (now Condition 1); · Modifying the stormwater management pond, Lots 26 and 27 to protect the woodlot (now in the plan referenced in Condition 1); and · Fencing the north edge of the woodlot across the entire width of the property, or as a minimum, the edge along the stormwater management pond and Lots 27-30 inclusive (now Condition 38). The Applicant has verbally indicated that he does not agree with two conditions, one being a Regional Health Department condition - Condition 33. f), and specifically, the final clause in the condition that states: "... Block 41, shall become a part of the subdivision and may not be developed for any purpose." Approximately 1 0.85 ha (65%) of Block 41 is a woodlot. The remaining 5.84 ha (35%) is open field. Planning Staff is of the opinion that use of the nitrate dilution area, even for agricultural use, may impact the nitrate dilution function and/or diminish the residential atmosphere of the subdivision, whether by the use of crop planting, grazing cattle or a golf course /driving range. To this end, zoning that would protect the nitrate dilution function and permit enjoyment of the use of the residential lots has been adopted for Block 41 and Block 40 (stormwater management pond). The zoning is "Environmental Protection (EP- 9)" and it permits only "conservation, bird sanctuaries, wildlife reserves or other similar uses which provide for the preservation of the natural environment, and flood and erosion control works". As well, staff will not alter a condition set down by the Regional Health Department. Staff notes Regional Health, through Regional Planning, circulated, copies of their draft conditions, including the disputed clause, in early February 2004 to the Applicant and the Applicant's consultant. The other disputed condition, one that was drafted by Planning and Ganaraska Region Conservation Authority Staff, is Condition 38, and specifically, the second sentence in the condition which states: "Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority," The Applicant has expressed particular concern with fencing the woodlot across the entire width of the property and notes that the related recommendation's wording in the Environmental Impact Study is not exactly the same, that is: "the north edge of the woodlot across the entire width of the property should be fenced, or as a minimum, the edge along the stormwater management pond and Lots 27 - 30 inclusive." Planning Staff is of the opinion that access from the subdivision to the REPORT NO.: PSD-138-04 PAGE 10 woodlot needs to be minimized, the fencing requirement is consistent with the Study recommendations. Staff concur with the Ganaraska Region Conservation Authority. 7.9 The Finance Department advises that there are no taxes owing on the subject lands. 7.10 The northern and central portions of the property are designated for Hamlet Residential uses and the requisite background studies such as the Peer-reviewed Hydrogeological Study and the Environmental Impact Study have been completed and found satisfactory. The proposed plan of subdivision appropriately implements the Municipality's Official Plan policies. 8.0 CONCLUSION 8.1 Prior to scheduling a recommendation report to Committee and Council on a draft Plan of Subdivision application a list of the proposed conditions of draft approval are submitted to the Applicant for their review and concurrence with same. The Applicant had signed the letter concurring with the Conditions of Draft Approval, but as discussed, two conditions are now being challenged. 8.2 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. The owner has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of draft approval as contained in Attachment 2; and that the re-zonings as contained in Attachment 3 be APPROVED. -....... Attachments Attachment 1 - Site Location Key Map and Plan of Subdivision Attachment 2 - Conditions of Draft Approval Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Nick J. Mensink, P. Eng. Kim Williams Eileen and William Hackett Sandy Lyall ~ Ray and Doris Tompkins Steven Fuller '. ATTACHMENT 1 LOT CONceSSION 2 AtLOWANCC BcrW'111f COft/CrSSION , (NOT Oprll) A NO Z . at G. .... . r>> CD 0" = JONeS A VeNUe c . , . ., .~ <. I t= :; .....~ E, .. III ;~ I r-:- : ~I~ LiIO ~ < ~ II~ I 0 u~ Gl :c c. "i ... ~ .. ;;; iii ~ ;;; co - 0 . l/J .... ::a !:l e.., !:! .., II: .... ~ III e . .. III ... ~ ~ Ii BLOCK .1 IUSEIMD BY OWNER (111.587 ho - 41.23 ac:.) ILOQ( 40 - (0.919 her- 2..42 IIC.) . \ .\ l ( T H € KIN G . S HIGHWAY No. .01 "\ \ D€POSIT~o. J 6 6 f 9 PLAN N~ Dev.89-029 Zoning By-law Amendment 18T -89048 Draft Plan of Subdivision UlO Z <( W 0 e; 0:: Owner: 1044960 Ontario Limited ( Veltri and Son Limited) CONCESSION ROAD 1 \I 1\ II Ir-- 1\ 1515 ATTACHMENT 2 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION 18T -89048 1. This approval applies to Draft Plan of Subdivision 18T -89048, prepared by Sernas Associates, identified as Project Number 88230, dated and revised September 15, 2004 showing Lots 1 to 39 inclusive for single detached dwellings, Block 40 for a Storm Water Management Pond, Block 41 for nitrate dilution purposes and is reserved by the Owner, and roadways. 2. The Owner shall enter into a Subdivision Agreement with the Municipality of Clarington that meets all of the requirements of the Director of Engineering Services, and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 3. All streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 4. All land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 5. Block 40, being a storm water management block, shall be dedicated free and clear of all encumbrances to the Municipality. Furthermore, the Owner shall provide an easement to the Municipality over Block 41 for the purposes of conveying overland flow. Additionally the Owner agrees to install chain link fencing along both sides of the access to Block 40 fronting Street liB" and along the southerly property line of lots 27 to 30 abutting the storm water management block. '-" 6. All streets shall be named to the satisfaction of the Municipality of Clarington and the Regional Municipality of Durham, and shown on the final plan. 7. All streets shall be constructed in accordance with Municipality of Clarington standards. 8. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 9. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning Services and to the Ganaraska Region Conservation Authority for review and approval, and that, the Draft Plan of Subdivision 181-89048 must have regard for the recommendations in the Tree Preservation Plan. .... 10. The Owner shall retain a qualified Engineer to prepare and submit a Hydro-geological Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 11. The Owner shall meet all requirements of the Engineering Services Department and the Ganaraska Region Conservation Authority regarding the engineering and construction of all internal and external works and services related to this development. 12. Development of this subdivision must accommodate a future road access to Regional Road 18. Construction of Jones Avenue within the subject site must be designed to connect with the future portion of Jones Avenue within approved draft plan of subdivision 18T -87083. A temporary turning circle will be required at the west end of Jones Avenue until such time as it connects with Regional Road 18. 13. The Owner is required to make application to obtain the approval of the Council of the Municipality of Clarington for the legal opening of a portion of the unopened road allowance situated between Lot 6 and Lot 7 north of the south limits of the intersection of Jones Avenue extension and said road allowance. The Owner shall be responsible for constructing a new road to municipal standards from the proposed Jones Avenue extension to Paynes Crescent. 14. The Owner shall be responsible to make any improvements or upgrades to Jones Avenue or Paynes Crescent that are deemed necessary by the Director of Engineering Services and that serve as a connection between the subject development and the nearby arterial roads (Durham Highway 2 and Regional Road 18). 15. The Owner shall provide the Engineering Services Department with a Storm Water Management Implementation Report which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. This report shall be subject to the approval of the Director of Engineering Services. The Owner will be responsible for 100% of the cost of any external drainage '-' improvements that are deemed necessary by the Director of Engineering Services to service this development. 16. The Owner's engineer is required to prepare engineering drawings that detail the configuration of the conveyance of the overland flow (major system) from this subdivision, The required Plan must demonstrate how storm flows will be conveyed to the proposed storm water management facility. 17. The Owner must demonstrate that Block 40 (Storm Water Management Facility) has been adequately sized to accommodate the ultimate need for the overall watershed area. 18. The Owner shall be responsible for installing temporary turning circles in any location deemed necessary by the Director of Engineering Services. All lots that front onto temporary turning circles will remain frozen with no building permits issued. ,.... 19. The Owner shall be responsible for the removal of any temporary turning circles adjacent to this site that exist at the time of the development of the subdivision. The Owner will be responsible for 100% of all costs associated with the removal of any temporary turning circles. 20. The Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five per cent (5%) cash-in-lieu of parkland dedication for residential development. 21. All works and services including but not limited to street lights and temporary turning circles, must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 22. The Owner shall meet all the requirements of the Municipality of Clarington, financial or otherwise. 23. The Owner shall provide the Municipality, through the terms and conditions of the subdivision agreement, unconditional and irrevocable Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 24. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1 .2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. ....... 26. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall, at his expense, either connect the affected party to the municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 27. The Owner shall submit plans showing the proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. 28. The Owner shall grant to the Region, any easements required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. .... 29. The Owner shall submit to the Regional Municipality of Durham for review and approval, a noise report prepared by an acoustical engineer, based on projected traffic volumes provided by the Region's Planning Department, recommending any necessary noise attenuation measures. The Owner shall provide the Region with a copy of the local subdivision agreement containing such provisions prior to final approval of the plan. The recommendations of the report are to be incorporated in the Municipality's subdivision agreement as a notice to all purchasers. 30. The Owner shall provide for the extension of such water supply facilities which are external to, as well as within, the limits of the plan that are required to service this plan, In addition, the Owner shall provide for the extension of water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed subdivision. 32. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of subsurface sewage disposal systems, municipal water supply, and other Regional services. The implementation of this condition shall involve the inclusion of appropriate provisions in the Regional subdivision agreement. 33. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: ...... a) The Owner agrees to retain a qualified sewage system designer or engineer who specializes in the design of private sewer systems. The designer shall complete and provide the design of individual private sewage systems for each lot for review to the Regional Health Department for approval, in strict compliance with the Ontario Building Code. b) The Owner agrees that the Owner's consultant shall conduct on-site soil tests on the primary sewage system area for all lots to determine the soil's permeability. The consultant shall provide analysis of the soil tests describing grain size analysis, co-efficient of permeability and estimated percolation 'T" times to the Health Department for review and approval prior to the submission of the application for building permit for a sewage system. In the event that sand fill is required for raised title beds, the engineer shall provide certification to the Health Department that the proper amount and type of sand fill has been provided and properly constructed for the private sewage systems. '-' c) The Owner agrees that the builder will only build houses to a maximum living area of 200 sq. m with a maximum of 20 fixture units on Lots 1-10, 19-23 and 36-39 inclusive. It is acknowledged that if prior to construction the soils are proved to exhibit improved or higher percolation rates than those assigned on the Servicing Plan, then the buildings may be adjusted to take advantage of the increased percolation rate. d) The Owner agrees to register on title that there shall be no construction of accessory buildings or swimming pools in the prime and reserve title bed areas, or in locations less than the minimum setbacks in accordance with the Ontario Building Code. e) The Owner agrees to adhere to the Newtonville Estates Functional Servicing Plan as submitted by Sernas Associates, Project Number 88230, Drawing No. FS-1. f) The Owner agrees that the nitrate dilution area delineated as Block 41, shall become a part of the subdivision and may not be developed for any purpose. ,....., g) The Owner agrees that all monitoring wells shall be properly abandoned by a licensed well contractor in accordance with O. Reg. 903. There shall be no potable water supply wells established within the boundaries of the subdivision. h) The Owner agrees that this subdivision shall be limited to 39 lots and that all of these lots must be serviced by the municipal water system. i) The developer agrees to submit a copy of the final grading to the Region of Durham Health Department. In the event that there are significant differences in the final grading plan and the site servicing that may affect the location of the proposed private sewage system areas, the developer shall make the necessary revisions to the satisfaction of the Region of Durham Health Department. 34. The Owner agrees that prior to the registration of the first phase of the draft plan of subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: --- i) Obtain an easement over the future right-of-way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 18T -87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T -89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T-89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan of subdivision 18T -87083 has been constructed to municipal standards and transferred to Municipal ownership; -OR- ii) The lands required for the extension of Jones Avenue within draft plan of subdivision 18T -87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development within draft plan of subdivision 18T -89048. Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the extension of Jones Avenue. 35. Prior to commencement of any grading or construction on site or final registration of the plan, the Owner shall submit and obtain approval of the Ganaraska Conservation Authority (GRCA) for reports describing the following: c) d) .... a) a detailed storm water management plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; the intended means of conveying storm water flows from the site, including the location and design of water quality and quantity controls using storm water management techniques outlined in provincial guidelines; an assessment of the major and minor flow systems, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; and an Erosion and Sediment Control Plan detailing the means by which erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on site, or other related works, to comply with the Canada Fisheries Act. It is noted that temporary sediment control ponds must be capable of accommodating 125 cubic metres per hectare of contributing drainage area for a period of not less than 12 hours, or removing particle sizes down to 40 microns. b) 36. The Owner agrees to update the conceptual storm water management design associated with the 1994 version of the Ministry of Environment Storm Water Management Best Management Practices Manual to conform to the 2003 version of the manual. 37. The proposed storm water design should provide infiltration within the pond and along the drainage swales that convey runoff to the pond in order to provide protection from: downstream erosion, increased stream water temperatures that harm coldwater fish, decreased base flows in Bouchette Point Creek, and decreased water table elevations. 38. The Owner shall install a 1.8m chain link or wooden privacy fence along the easterly limit of Lot 12 and the Municipality's road allowance as shown on the draft plan of subdivision, Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority. '-' 39. The Owner shall satisfy all the conditions of the Ganaraska Region Conservation Authority, financially or otherwise. 40. The Owner agrees to include a clause in any Agreement of Purchase and Sale advising future owners of the Municipality's Gate Access Policy to Municipal Open Space. 41. The Owner shall adhere to architectural control requirements of the Municipality. 42. The Owner shall agree to incorporate the recommendations of the noise report in the subdivision agreement between the Owner and the Municipality of Clarington. 43. The Owner must place in all agreements of purchase and sale for the lots, a warning: "That existing and potential future agricultural operations are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law, other municipal and regional by-laws and provincial legislation". 44. The Owner must provide in the sales facility, to the satisfaction of the Municipality of Clarington, information to advise potential purchasers about the Port Granby Project and where to get further information. 45. Prior to final approval, the owner shall submit to the Ministry of Transportation for its review and approval, a copy of a drainage/storm water management plan/report indicating the intended treatment of the calculated runoff. 46. The subdivision agreement between the Owner and the Municipality of Clarington shall contain provision satisfactory to Bell Canada, that any easements that may be required for telecommunication services shall be granted. ....... 47. The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, 48. The Owner shall co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 49. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution Inc. 50. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. ....... 51. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Reqional Municipalitv of Durham, how Conditions 1, 6, 27, 28, 29, 30, 31, 32 and 33 a) to i) have been satisfied; b) The Ganaraska Reqion Conservation Authoritv. how Conditions 9, 11, 35, 36, 37, 38, and 39 have been satisfied; c) The Ministry of Transportation - Ontario (MTO). how Condition 45 has been satisfied; d) Bell Canada. how Conditions 46 and 47 have been satisfied; and e) Enbridqe Consumers Gas. how Conditions 48, 49 and 50 have been satisfied. --... '-'" NOTES TO DRAFT APPROVAL 1 . If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted providing valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) '-' b) c) '-' Durham Region Planning Department Lang Tower, West Bldg., 4th Floor Whitby Mall 1615 Dundas Street East Whitby, ON L 1N 6A3 (905) 728-7731 Ganaraska Region Conservation Authority PO Box 328 Port Hope, ON L 1A 3W4 (905) 885-8173 Ministry of Transportation - Ontario Corridor Management Office 7th Floor, "Building D" 1201 Wilson Avenue Downsview, ON M3M 1 J8 (416) 235-4572 d) Bell Canada Right of Way 100 Borough Drive, Floor 3 Scarborough, ON M1 P 4W2 (416) 296-6291 e) Enbridge Consumers Gas 500 Elgin Mills Road East Richmond Hill, ON L4C 5G1 (905) 883-2613 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for DEV 89-029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "17" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Residential Hamlet Exception (RH-17) Zone"; "Agricultural (A) Zone" to "Environmental Protection Exception (EP-9) Zone"; and "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP-9) Zone" 2. Schedule "A" attached hereto shall form part of this By-law. ...... 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 --- John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2004- passed this day of ~ 2004 A.D. \~-ldtL ~ =..~,,~,=,,~,~,~,,= ~o ~ d DO,l qr- Tl n I - - - If !l I ."". . I I S ;~ ~~1 ':1 ~ ~ ;1 sl ~ J ~ I, ;; L. " _. ~ --1....-- ___ ~ :;..J THE KING'S HIGHWAY No. 401 ~~ ~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~ DEPoSITeD '-10 '":' --- John Mutton, Mayor ~ ~ - Zoning Change From "A" To "RH-17" Zoning Change From "A" To "EP-9" Zoning Change From "EP" To "EP-9" Patti L, Barrie, Municipal Clerk '-" . '....1- .....1 i I~; "":J1\...tr" . "i. ..1 . i... r-j , I . 'Jone 1\ 1fT] ''i; '. ......]J! ~ I' 6' I 'li i I \ . I' /11< :, . i I , , : I \ ,_::-,-_..,:-,._'.-, ~"'.I , / \ I I .\ 'i i , , I ...) I , j ii i I ! I . I" , . 1 .. ...1, I : I I !. I i ill .'."'1 , I I~,j:"fuua'''h....-i 11m : ii, i I ~T1fS~ I! ,."..,.'.'''~'mwm~'i...~t.;.... / Attachment No, 3 To Report PSD-064-06 r I ~ ~~1 I \Tl W"t"ll' . ,,"'; j I, I I . I I I ' \ I _-.- . I I: j': I: .-------.=:...::: ~ E~0ffn "':""~: ---',: rl~I/" I ~,_/:~~~ l/- /C "'.w"! . ~J/ ._~~-I ;?; .).-<' \ ~./ -;;;...---r I r~~'--~m__~ I - ;~-\ >, '\ \ ~/- ::'':'~;r-'''---I ~i J----- L II ; . (Q' \ \ mY" ........_- ' " . 'So I.~;;:::;..~-..l 1\ \ ----.-- - -- -- I r' -'- , ~~>-'~~-- \ \ ;! 1 II' : " ~~' -:::;-.1 l \ I l ' ~ i 1 I;;;';;;;;;"'~--g?\ >', '. I \ 1\ \ pa' nes C' : I [---I --a--~' ._"._._\--L,~l~,____....,....,..~___..,."y___L..J........ ---.i. I ~ ..-- \ \ \T:~m_._ '-...-.-,j'..m. - - -......:- . L,i . , 'n! T. -T-Ti-T-r1 'r---" .. , I I, I i I I .~ Rbse Cr i I 'II 1..-1 I I I I I ' ~........'-"~-.1 L_____l Ii' i I I . I I .] j Trr'-'-'-'-' . . i ! J 37 21 36 22 35 23 34 24 25 31 32 33 \ \ \ '" , "', ..... I ~ '"' -l!' :_.._.- ,Jl:-'::-':::-'::-":::-':::-'::-':. .,.....,.:-. .~~~~:=~~~;-:;:~':::~:__,......,...:~~~""..:.~_"..~~."....~.,.,:-:::-:~= Z r- Highway No. 401 (!) .r./'. ........................,...,......-...-.. --...--...--....,.,....,. ~ i/ g 1./ ~ //1 ,.., ....,<.<--.........._'-",.....J. _'B:"_.c..._.;.;.;.:_..""'-,If :::0 ....._ e. .........-....-'.f I I II NEWTONVILLE ESTATES Possible Commuting Routes to NewtonviIle Public School Legend .... Proposed Route (Length = 1770m) e_e_ Preferred Route (Length = 710m) Attachment No 4 To Report PSD-064-06 REVISED CONDITION OF APPROVAL OF FINAL PLAN REGISTRATION "34. The Owner agrees that should development of 18T-89048 proceed in advance of Draft Approved Plan of Subdivision 18T-87083, the Owner shall be responsible to construct and maintain a pedestrian connection from the west limits of the proposed extension to Jones Avenue, as shown on Draft Approved Plan of Subdivision 18T-898048, to the existing limits of Jones Avenue. a) Prior to the registration of the first phase of the Draft Plan of Subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: i) Obtain an easement over the future right-of-way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 18T-87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T- 89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T-89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan of subdivision 18T-87083 has been constructed to municipal standards and transferred to Municipal ownership; -OR- ii) The lands required for the extension of Jones Avenue within draft plan of subdivision 18T-87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development within draft plan of subdivision 18T-89048. Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the extension of Jones Avenue." b) Notwithstanding the requirements of Condition 34 a) above, registration of the first phase of development, up to a maximum of 20 lots, may proceed without provision of the walkway provided that the Owner registers the following clause on the title of each lot within the first phase: "NOTICE TO PARENTS Children attending Newtonville Public School will be required to walk to school going north from Jones Avenue and Paynes Crescent to Durham Highway No. 2, east on Durham Highway No.2, and then south on Regional Road 18 to the school,"