HomeMy WebLinkAboutPD-85-99 M: PD-e5-99 -- UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # �7_q/a��
Date: Monday, July 5, 1999 Res. #L_y97 9 g
Report#: PD-85-99 File#: 18T-91004 By-law#
Subject: REVISIONS TO DRAFT PLAN APPROVAL
PORT OF NEWCASTLE DEVELOPMENT
APPLICANT: THE KAITLIN GROUP LTD.
PT. LOT 2812% 30 & 31, B. F. CONC., FORMER VILLAGE OF NEWCASTLE
FILE NO.: 18T-91004
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1. THAT Report PD-85 -99 be received;
2. THAT, as soon as is reasonably practical following the expiration of the
Unconditional Date defined in the Principles of Understanding attached to Report
PD-54-99, the Region of Durham be advised that the Municipality of Clarington
recommends:
a) approval of the further red-line revisions to draft plan of subdivision 18T-91004
as shown on the plans contained in Attachment No. 2 to this report; and
b) the amendment to the conditions of approval of draft plan of subdivision 18T-
91004 as set out in Attachment No. 4 to this report.
3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision
Agreement between the Owner of the revised draft plans of subdivision 18T-91004
and the Corporation of the Municipality of Clarington at such time as an agreement
has been finalized to the satisfaction of the Director of Public Works and the
Director of Planning and Development. -The revised Subdivision Agreement is to
reflect the revised conditions of draft approval contained in Attachment No. 4 to this
Report and the provisions of the Principles of Understanding attached to Report PD-
54-99; and,
4. THAT the Region of Durham Planning Department and all interested parties listed in
this report and any delegations be advised of Council's decision.
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REPORT PD-85-99 PAGE 2
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1. APPLICATION DETAILS
1.1 Applicant: The Kaitlin Group Ltd.
1.2 Agent: Bousfield, Dale-Harris, Cutler & Smith
1.3 Subdivisions:
18T-91004
Original Proposal: Originally sought approval for 363 units in the first phase of
the Port of Newcastle development consisting of:
• 260 single detached dwellings
• 53 street townhouses
• a 50 unit multiple residential block
Draft Approved for: Draft approved for 364 units consisting of:
• 92 single detached dwellings
• 198 semi-detached/link dwelling
• a 56 unit multiple residential block
• an 18 unit multiple residential block
• various blocks for reserves, future development etc.
Proposed revision to
Draft Approval: Seeking to revise the draft approval to allow for a total of 354
units consisting of:
94 single detached dwellings
• 204 semi-detached/link dwelling
• a 56 unit multiple residential block
1.4 Area 88.228 ha (218 acres)
2. BACKGROUND
2.1 Plan of Subdivision 18T-91004, which included the first phase of development of
the Port of Newcastle, was recommended for approval by Clarington Council in
June of 1996 and draft approved by the Region of Durham on September 9, 1996.
The second phase of development of the Port of Newcastle was recommended for
approval by Clarington Council in October of 1997 and draft approved by the
Region of Durham on November 18, 1997.
2.2 A draft subdivision agreement for 18T-91004 was prepared by Municipal staff and
the Solicitor and forwarded to Kaitlin in September of 1998. Kaitlin's solicitor
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REPORT PD-85-99 PAGE 3
appeared before Council in October 1998 regarding the securities required through
the subdivision agreement. He subsequently indicated that Kaitlin intended to
appeal the conditions of draft approval to the Ontario Municipal Board. This led to
a series of discussion which resulted in a proposed settlement referred to as the
Principles of Understanding.
2.3 Changes to the conditions of draft approval (modifications) and changes to the draft
Plans of Subdivision (revisions) have been negotiated by staff and Kaitlin pursuant to
the Principles of Understanding. This report deals with the modifications to the
conditions of draft approval and some of the revisions respecting Plan 18T-91004.
The balance of the revisions could not be dealt with within the context of this report
since they will require Public Meetings to be held in accordance with the provisions
of the Planning Act. The matter is addressed further in Section 3.3 of this Report.
3. PROPOSED REVISIONS TO DRAFT PLAN OF SUBDIVISION
3.1 The revisions recommended in this report will not result in an increase in the
population of the neighbourhood. They represent a reallocation and a relotting of the
approved number of units as well as the addition of lands that were previously
excluded from the subdivision. Kaitlin has been advised that the total number of units,
developed for the Port of Newcastle Neighbourhood is not to exceed 1006. Draft plan
of subdivision 18T-91004, as revised and subsequently red-lined by staff, totals 336
units and does not offend the target population of the Clarington Official Plan. Key
elements of the revised plan are:
• the inclusion of Block 209 in 18T-91004, which is part of the Wilmot Creek
wetlands complex, a 12 hectare Class II Provincially significant wetland. This
Block is to be transferred to the Municipality within 30 days of the unconditional
date identified in the Principles of Understanding;
• the redesignation of Block 198 in 18T-91004 from a clubhouse to parkland along
the waterfront. This is an additional .715 hectares of parkland over the parkland
included in the currently approved draft plan. These lands will be transferred at
the same time as Block 209. The clubhouse would be relocated within Future
Use Block 215 on the east side of Toronto Street across from the Water Pollution
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REPORT PD-85-99 PAGE 4
Control Plant and would require an amendment to the Comprehensive Zoning By-
law;
• the inclusion of Block 202 in 18T-91004, which is 1.0 hectares in size, over
which the Owner will transfer to the Municipality a perpetual non-exclusive
easement for the purpose of use by members of the public as a waterfront
promenade and access to the beach as well as use by pedestrians and vehicles to
allow ingress and egress, together with the right to install appropriate surfaces and
landscaping on the easement area;
• the enlargement of Block 199 in 18T-91004 to incorporate a portion of the park
previously reserved for Phase II. It will represent the 5% parkland dedication
requirement for both 18T-91004 and 18T-96013.
The benefits to the Municipality are the significantly increased parkland dedication
along the waterfront as well as the transfer of the Wilmot Creek Wetlands. The
dedication and transfer of these lands will help to facilitate the development of the
waterfront trail and its associated linkages.
3.2 The balance of the proposed revisions involve:
• relotting along Caldwell and Rosemeadow Crescents as a result of grading
considerations in 18T-91004;
• the relotting of Block 193 in 18T-91004 from an 18 unit coastal villa block to
single detached and semi-detached lots.
3.2 The relotting along Caldwell and Rosemeadow Crescents is necessary due to grading
considerations which were not discovered until the detailed engineering was
completed. This relotting results in a reduction of the number of dwelling units in this
area. It can be considered at this time since the relotting does not require an
amendment to the Comprehensive Zoning By-law.
3.3 Block 193 in the current draft approved plan of subdivision is zoned Urban Residential
Type four Special Exception (R4-16). This zone category would not allow for the
development of the lands with single detached and semi-detached dwellings as
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REPORT PD-85-99 PAGE 5
desired by the applicant. As a result, staff have advised Kaitlin that an application to
amend Comprehensive Zoning By-law 84-63 is required. Since this process requires a
Public Meeting, staff cannot recommend the approval of the relotting at this time. As a
result, staff have created Block 211, as a future development Block, which may be
relotted should Kaitlin be successful in obtaining a zoning amendment on the lands.
4. OPEN SPACE BLOCKS
4.1 In discussions with Kaitlin, Municipal staff expressed a desire to obtain ownership of or
easements over all the Open Space lands with the development of the first phase of
the Port of Newcastle development. This would include all open space lands along
Lake Ontario between the Toronto Street road allowance and the mouth of Graham
Creek.
4.2 Kaitlin's response was that they were willing to dedicate Block 201 to the Municipality
at this time, but preferred to dedicate the balance of the waterfront Open Space lands
as future phases are developed. In the interim, Kaitlin was prepared to accommodate
the future waterfront trail in the following manner
• Temporary easements over future use Block 207 along the waterfront for the
purposes of a waterfront trail for use by members of the public, which temporary
easement shall terminate on the transfer to the Municipality of Blocks 211 and 213
in 18T-96013;
• Dedication of Block 201 on 18T-91004;
• Transfer in escrow of Block 210, to be held by the Municipality's solicitor until
either the Municipality has approved the capital expenditure for the construction of
the Waterfront Trail on Block 201 in 18T-91004 or the day on which development
of any one or more portions of Block 204 in 18T-91004; and
• A perpetual non-exclusive easement over Block 202 in 18T-91004 for the purpose
of use by the members of the public as a waterfront promenade with access to the
beach and vehicular parking as well as use by the pedestrians and vehicles to
allow ingress and egress together with the right to install appropriate surfaces and
landscaping on the easement.
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REPORT PD-85-99 PAGE 6
4.3 The above-noted transfers or easements will allow for the development of the
waterfront trail which will connect the Graham and Wilmot Creeks. Although some of
the connections are being made by easements or transfers in escrow, it is noted that,
with the exception of Block 202, all of the lands will end up in municipal ownership
given the fullness of time.
4.4 In the meetings with Kaitlin, staff requested that the Graham Creek valleylands be
included within 18T-91004 as a Block to be transferred to the Municipality prior to the
registration of 18T-91004. As of the writing of this report, Kaitlin has refused to
include these lands within the limits of the plan of subdivision and has indicated that it
intends to retain ownership of the lands and investigate possible recreational
opportunities for their associated Marina. Generally, developers dedicate valleylands
to the Municipality gratuitously. The acquisition of these lands would be beneficial to
the Municipality's development of a waterfront trail which is open and accessible to
the public with linkages to other areas of interest.
Staff have red-line revised Block 200 to reflect the size of Block 200 in the current draft
approved plan. Block 200 represents a 5.0 metre walkway abutting the rear lot lines
along Caldwell, Rosemeadow and Carveth Crescents. As a condition of draft
approval, the developer will be required to install a 1.2 metre chain link fence at the
rear of residential properties along the open space blocks.
5. MODIFICATIONS TO THE CONDITIONS OF DRAFT APPROVAL
5.1 In order to implement the Principles of Understanding, forwarded by Report PD-54-99,
several conditions of draft plan approval require modification. To assist Council in
reviewing the Conditions as proposed for modification a complete list of the
Municipality's conditions have been attached to this report as Attachment No. 4 and
the modified conditions have been bolded. The following is a brief synopsis of the
proposed modifications:
n
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REPORT PD-85-99 PAGE 7
Condition No. 1
The proposed modification to this Condition reflects the addition of new Open Space
Blocks, a new Park Block along Lakebreeze Drive and revised lotting in the vicinity of
Caldwell and Rosemeadow Crescents.
Condition No. 7
The proposed modification to this Condition reflects the addition of the new Park
Block along Lakebreeze Drive and addresses its dedication to the Municipality.
Condition No. 8
The proposed modification to this Condition reflects the addition of Block 209
(Wilmot Creek Wetlands Complex) to the plan of subdivision and its dedication to the
Municipality. In addition, the Conditions addresses the transfer of Block 210 to the
Municipality in escrow, to be held by the Municipality's solicitor until
Condition No. 26
This condition is proposed for deletion to reflect that, without fettering Council's
ability to deal with the proposed new development charge by-law in any way, the
intention of the Principles of Understanding is to add the chargeable portion of the
Mill Street Grade Separation Improvement Works in the new development charge by-
law.
Condition No. 27 d)
This is a new condition which has been added to reflect that Kaitlin is responsible for
making improvements to the existing Mill Street grade separation to accommodate the
traffic anticipated from the development of Phase One.
Condition No. 29
This Condition is proposed for deletion in order to remove the reference to the
$750,000.00 security deposit currently required for the Toronto Street Grade
Separation Construction Works.
Condition No. 31
This Condition is proposed for deletion in order to remove the reference to a
construction agreement regarding the Toronto Street Grade Separation Works and the
Toronto Street Road Reconstruction Works.
Condition No. 37
This Condition is proposed for deletion to remove the reference to the construction of
the Park Block which is now proposed for inclusion in the new development charge
by-law.
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REPORT PD-85-99 PAGE 8
Conditions 40 to 51 are all new conditions, a brief synopsis of which is provided in
the following.
Condition No. 40
The new condition requires the preparation of an Open Space Master Plan for the
use of and improvements to the Open Space Blocks. The plan is to address access,
fencing, walkways, signage, landscaping etc.
Condition No. 41 & 42
These new conditions address the transfer of permanent easements over Block 202
and temporary easements over other waterfrontlopen space lands as well as
temporary easements over future road allowances. These easements will allow for
the timely construction of a waterfront trail. The temporary easements terminate on
the transfer of the lands to the Municipality or on the issuance of an Authorization
to Commence Works for the Stormwater Management Facility.
Condition No. 43 & 44
These new conditions addresses the issue of fencing around open space blocks,
parks and Block 203, the stormwater management facility.
Condition No. 45
This new condition requires the owner to prepare an environmental guide in
accordance with the recommendation of the Management Plan for the Samuel
Wilmot Nature Area.
Condition No. 46
This new condition requires the submission of a site development plan for Blocks
202, 205 and 206. The plan is to address such matters as parking, boat storage,
landscaping and recreational facillities
Condition No. 47 to 50
These new conditions reflect the recommendations of Report PD-36-99, the Parking
in Residential Areas report.
Condition No. 51
This new condition requires the owner to establish a geodetic benchmark in the
vicinity of Lakebreeze Drive and Port of Newcastle Drive.
Condition No. 52
This condition requires that the owner install signage along the Graham Creek
valleyland area on the east side of Block 200 to the satisfaction of the Director of
Public Works.
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REPORT PD-85-99 PAGE 9
6. CONCLUSION
Notwithstanding that a satisfactory resolution was not achieved with respect to the
Graham Creek valleylands, it is recommended that the revised draft plan of
subdivision be recommended for approval as further revised in red as detailed in
Attachment No. 2. In addition, it is recommended that the conditions of draft approval
of draft plan of subdivision 18T-91004 be amended as provided for in Attachment No.
4 to this report. For the sake of clarity, a comprehensive list of the Revised Conditions
of Draft Approval has been prepared and the new and/or revised conditions have been
highlighted.
Respectfully submitted, Reviewed by,
David Wome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
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Attachment No. 1- Key Map
Attachment No. 2 — Red line revised Plan of Subdivision — 18T-91004
Attachment No. 3- Extracts of Phase 1 of Plan of Subdivision 18T-91004
Attachment No. 4 —Revised Conditions of Draft Approval — 18T-91004
Interested parties to be notified of Committee's and Council's decision:
The Kaitlin Group Ltd. Mr. Douglas Cronk
1029 McNicoll Avenue Bond Head Community Association
Scarborough, Ontario R.R.#8
M1W 3W6 40 Boulton Street
Newcastle, Ontario L1 B 1 L9
Bousfield, Dale-Harris, Cutler& Smith
3 Church Street Mr. Dave Rickard
Toronto, Ontario Newcastle Rate Payers Association
M5E 1M2 80 Given Road
Newcastle, Ontario L1B 1G9
699034
ATTACHMENT NO. 1
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EXTRACT OF PHASE I OF DRAFT PLAN OF
SUBDIVISION 18T-91004
699u � 1
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
ATTACHMENT NO. 4
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That draft Plan of Subdivision 18T-91004 prepared by Bousfield, Dale-Harris,
Cutler and Smith Inc. dated May 26, 1999, as per the attached plan showing 92
lots for single detached dwellings, 188 lots for semi-detached or linked dwellings,
Block 197 for 56 medium density units, Blocks 198 and 199 for a Park, Blocks
200, 201, 202, 205, 209 and 210 for Open Space, Blocks 203 and 208 for
Stormwater Management facilities, Blocks 204, 207 and 211 for future
development, Block 206 for a marina and various Blocks for reserves, road
widenings, site triangles etc.
FINAL PLAN REQUIREMENTS
2. That all streets shown within the Plan of Subdivision shall be dedicated as public
highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the design
criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria
as amended from time to time.
6. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of Planning and Development for review and
approval.
7. The Owner shall transfer to the Municipality, Blocks 198 and 199 for Park purposes,
free and clear of all encumbrances.
8. The Owner shall transfer to the Municipality, Blocks 200, 201 and 209 for Open
Space purposes, free and clear of all encumbrances. The Owner shall also deliver to
the Municipality's Solicitor, in escrow, a transfer of Block 210 to be held in escrow
until either the Municipality has approved the capital expenditure for the
construction of the Waterfront Trail on Block 201 of the Draft Plan or the day on
which development of any one or more portions of Block 204 on the draft plan of
subdivision is commenced.
699oSd
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT
9. That the Owner shall enter into a Subdivision Agreement with the Municipality
dealing with matters financial and otherwise which the Municipality considers to be
appropriate and agrees to perform all terms and conditions of the Municipality's
Subdivision Agreement, including but not limited to, the requirements that follow.
required 10. That all easements, road widenings and reserves as r ed by the Municipality shall
I
be granted free and clear of al I encumbrances.
11. That the Owner shall pay to the Municipality, the development charges in accordance
to the Development Charges By-law, as amended from time to time.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including hydro, telephone, Cable T.V., etc. to
be buried underground.
14. That the Owner shall deposit with the Municipality, unconditional and irrevocable
Letters of Credit, acceptable to the Municipality's Treasurer, with respect to
Performance Guarantees, Maintenance Guarantees, Occupancy Deposits and other
guarantees or deposits as may be required, respecting the particular work or works.
15. That the Owner shall comply with the architectural control requirements of the
Municipality.
16. That 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 operational. Further, 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 Subdivision
2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
17. That the Owner agrees that where the well or private water supply of any person is
interfered with as a result of the 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 supply system so that
water supplied to the affected party shall be of the quality and quantity at least equal to
the quality and quantity of water enjoyed by the affected party prior to the
interference.
18. That the Owner supply on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved.
699u ) 9
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT- Cont d
19. Prior to registration of any portion of this draft plan, any portions of existing road
allowances between the Broken Front Concession and Concession 1 adjacent to this
plan of subdivision, with the exception of lands for municipal purposes (ie. roads,
parks, etc.) shall be closed and conveyed in accordance with the Municipality's Road
Closure Policy and integrated into the plan of subdivision. The costs for the closure
and conveyance of this road allowance and the land costs shall be borne 100% by the
developer.
20. The Owner will be responsible for 100% of all costs associated with the road opening
by By-law and the reconstruction of the unopened section of the Toronto Street road
allowance. The required section will be the portion deemed necessary to serve as a
direct connecting roadway access between the existing limit of Toronto Street and the
subdivision.
21. The stormwater drainage works and facilities necessary for this development must be
constructed in accordance with the Port of Newcastle Stormwater Management
Report, dated March 1996 (latest revision) prepared by Cosburn Patterson Mather Ltd.
and as finally approved by the Director of Public Works.
22. The Owner must provide the Public Works Department with a Stormwater
Management Implementation Report which provides for the sequential construction of
the stormwater management works necessary for the entire watershed and addresses
the impacts of 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 Public Works. The
Owner must demonstrate through detailed engineering that all external drainage can
be adequately accommodated within the proposed road pattern. All overland flow
routes must be clearly identified and adequately sized.
23. The lot grading of all lots within this plan of subdivision must be designed with rear to
front grading in accordance with the Public Works Department's Lot Grading
Guidelines and Design Criteria and Standard Drawings.
24. The Owner will be responsible for providing a functional report which demonstrates
that the lands designated for stormwater management facilities have been adequately
sized for the ultimate need of the entire watershed. The report must also demonstrate
that the facilities can accommodate any anticipated phasing of the subdivision. No
temporary facilities located outside of the designated blocks will be permitted.
25. This plan of subdivision may only be developed provided that the Owner assume full
responsibility financial or otherwise for all construction of external and/or oversized
services that are required in the opinion of the Director of Public Works to service this
development.
6 99140
REVISED CONDITIONS OFAPPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT- Cont'd
26. DELETED
27. That the Owner is responsible for the "Toronto and Mill Street Improvement Works".
These works include:
a) the reconstruction and/or construction of Mill Street to a collector road standard
from the Mill Street grade separation northerly to the Toronto Street/401
interchange;
b) the reconstruction and/or construction of Mill Street to a collector road standard
from the Mill Street grade separation southerly to align with Street "A" of this
plan of subdivision. This would include all costs involved in the construction
of Mill Street (ie. land, relocation of utilities, connection or termination of
existing streets, etc.) on a road alignment external to this plan of subdivision
and based on a design satisfactory to the Director of Public Works;
C) the reconstruction of the Mill Street/Toronto Street/401 interchange intersection
including signals, additional lanes eastbound, westbound and southbound etc.
to the satisfaction of the Director of Public Works; and,
d) making improvements to the existing Mill Street grade separation to
accommodate the traffic anticipated from the development of Phase One,
including but not limited to the signalization of the underpass for one way
operation and for the provision of pedestrian and cyclist traffic.
28. That the Owner is responsible for the extension of Toronto Street from the railway
crossing southerly to connect to the road network in Phase One, in a manner and to a
standard that provides a construction and emergency access for Phase One satisfactory
to the Director of Public Works.
29. DELETED
30. That the Owner shall provide the Public Works Department with a Traffic Monitoring
Report prepared by the Owner's transportation engineer. This report shall be required
for the duration of the development of the subdivision to determine:
a) the actual traffic volumes being generated from this development in
comparison to the traffic volumes determined in the Traffic Impact Study;
b) the level of service of which the Mill Street grade separation is operating;
C) the nature and distribution of the traffic generated from Phase One, in
comparison to the assumptions made in the Traffic Impact Study.
6 9 9 u 4 1
REVISED CONDITIONS OFAPPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT-Cont'd
This Traffic Monitoring Report shall be implemented at the commencement of Phase
One and prepared and submitted in a timely manner, satisfactory to the Director of
Public Works.
31. DELETED
32. A temporary turning circle will be required at the western limit of Shipway Avenue.
The turning circle must be constructed in a manner that provides a proper access to
the park situated on Block 199.
33. The pavement widths for Port of Newcastle Drive, Lakebreeze Drive and Shipway
Avenue will be determined at the detailed engineering stage.
34. The Owner must provide detailed engineering on the Street islands located on Port of
Newcastle Drive and demonstrate that these islands can be safely accommodated
within the road allowance and that they will be a useable asset which adds additional
value to the overall streetscape and neighbourhood.
35. The Owner is responsible to construct a new access to the existing Newcastle marina.
The location of the entrance shall be determined at the sole discretion of the Director
of Public Works. The Owner shall be responsible for 100% of the cost of constructing
a new connecting access road between the Newcastle Marina and the subject draft
plan.
36. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, the provisions of
the Municipality of Clarington Development By-law #92-015 and all applicable
legislation and to the satisfaction of the Director of Public Works.
37. DELETED
38. The Owner agrees that the Street islands in Port of Newcastle Drive shall be deeded
gratuitously to the Municipality and shall not be included for the calculation or
satisfaction of the parkland dedication requirements.
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REVISED CONDITIONS OFAPPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT- Cont'd
39. That the Owner satisfy all the conditions financial or otherwise of the external agencies
listed below:
a) the Northumberland and Clarington Public School Board;
b) the Ganaraska Region Conservation Authority;
c) the Ministry of Natural Resources;
d) the Ministry of the Environment;
e) the Ministry of Citizenship, Culture and Recreation;
f) Ontario Hydro;
g) Bell Canada; and
h) the Regional Municipality of Durham Works Department.
40. That the owner shall prepare an Open Space Master Plan for the improvement and
use of Open Space Blocks on the Draft Plan and Draft Plan 18T-96013, other than
Block 209 on this Draft Plan. The owner shall submit a draft open space master plan
to the Director of Public Works for his approval not later than 1 year after the date
on which the building permit for the first dwelling unit on the draft plan is issued.
The Plan shall address, among other matters, access to the water's edge, erosion,
public safety, fencing, location of walkways, viewing locations, fencing of any
hazardous areas, and design specifications for trails, materials, signage, and
landscaping to the satisfaction of the Municipality.
41. That Block 202 be revised to provide 1.0 hectares in lot area in accordance with the
Principles of Understanding. In addition, the owner shall agree to transfer to the
Municipality a perpetual non-exclusive easement in Block 202 on draft Plan of
Subdivision 18T-91004 for the purpose of use by members of the public as a
waterfront promenade with access to the beach and vehicular parking as well as use
by pedestrians and vehicles to allow ingress and egress from Part 2 on Reference
Plan 10R-191, at all times, together with the right to install appropriate surfaces and
landscaping on the easement area.
42. The owner shall also agree to transfer the following easements to the Municipality:
i) a temporary easement over the lands shown as Lakebreeze Drive within draft
Plans of Subdivision 18T-91004 and 18T-96013 located easterly from Port of
Newcastle Drive and in the lands shown as Parts 1 to 8, inclusive, on Plan
40R-18236, for the purpose of use by members of the Public and the
Municipality for pedestrian and vehicular ingress and egress from Block 202
on draft Plan 18T-91004 and to and from Part 2 on Reference Plan tOR-191,
which temporary easements shall terminate on the completion of
construction and dedication as public highways of the aforesaid portions of
Lakebreeze Drive as a public highway.
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REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT- Cont'd
42
ii) temporary easements in the lands shown on draft plan 18T-91004 as the
portion of Shipway Avenue located easterly from Port of Newcastle Drive,
Waterview Lane and Carveth Crescent from Shipway Avenue to the south-
westerly corner of Lot 130 on Plan 18T-91004 for use by members of the
public and the Municipality for pedestrian and vehicular access to and egress
from Block 200 on draft Plan of Subdivision 18T-91004 and which shall
terminate on the completion of construction and dedication as public
highways of the aforesaid portions of Shipway Avenue, Carveth Crescent and
Waterview Lane, respectively.
iii) a temporary easement of access and use of members of the public over Block
217 on draft Plan of Subdivision 18T-96013 for the purpose of gaining ingress
to and egress from Block 209 on draft Plan of Subdivision 18T-91004, which
temporary easement shall terminate on the issuance of an Authorization to
Commence Works respecting the construction of the stormwater
management works on Block 217 by the Owner pursuant to the conditions of
approval of draft Plan of Subdivision 18T-96013;
iv) a temporary easement in an area selected by the Director by written notice
given to the Owner having a minimum width of 15 metres on Blocks 211 and
213 on draft Plan of Subdivision 18T-96013 for the purposes of a waterfront
trail for use by members of the public, which temporary easement shall
terminate on the delivery to the Municipality of transfers of Blocks 211 and
213.
43. That the Owner shall also agree to install a 1.2 metre chain link fence along the
property lines between residential properties and all park lands and 1.2 metre chain
link fence along the property lines between residential and open space lands.
44. That the Owner shall also agree to install fencing around Block 203 to the
satisfaction of the Director of Public Works.
45. That the Owner prepare a homeowner's environmental guide in accordance with
the recommendations of the Management Plan for the Samuel Wilmot Nature Area.
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REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT-Cont'd
46. That the Owner agrees that prior to the submission to the Municipality of an
application for approval of plans and drawings for development on Blocks 205 and
206 on draft Plan of Subdivision 18T-91004 under Section 41 of the Planning Act,
the Owner in consultation with the Municipality shall prepare and submit to the
Director of Planning and Development for his approval a site development plan for
Block 202 and Blocks 205 and 206. Among other matters, the development shall
address the issues of parking on Blocks 205 and 206 including parking by members
of the public using Block 202, the seasonal use of parking areas for boat and
equipment storage in connection with the operation of the marine facilities on Block
205, recreational facilities, landscaping principles including materials and
development design principles.
47. That the Owner or builder include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations.
48. That the Owner ensure that on-street parking spaces are appropriately located in the
vicinity of dwelling units and are not adversely affected by road geometrics.
49. That the Owner agrees that any parking space with a garage shall have a minimum
width of 3.0 metres and a minimum area of 18.58 square meters.
50. That the Owner agrees that in all registrations of final plans subsequent to the first
registration all single detached and semi-detached/linked dwelling units be
constructed with two (2) outdoor parking spaces. Where the two outdoor parking
spaces are provided side by side, the combined minimum width of the two spaces
may be reduced to 4.6 metres provided the minimum landscaped open space within
the front yard is thirty percent (30%)
51. That the Owner agrees to establish a geodetic benchmark in the vicinity of the
intersection of Lakebreeze Drive and Port of Newcastle Drive which will serve as
vertical control for the Port of Newcastle Neighbourhood. The Owner will be
responsible for 100% of the cost of establishing this benchmark.
52. That the Owner agrees to install appropriate signs and/or delineation along the east
limit of Block 200 to the satisfaction of the Director of Public Works.
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