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Home My WebLink About07/29/1996 (Special) ... ... ... .. ... PRAYERS ... ROLL CALL _CJ/a;r;'g"';;n ONTARIO SPECIAL COUNCIL MEETING DATE: JULY 29, 1996 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS ... DELEGATIONS DECLARATIONS OF INTEREST II. l.. l.. 3 . f' l .. 4 . 5. , r: .. 1. Deputy Chief Jarvis and Inspector Jim Adams, Durham Regional Police Service - Introduction of Inspector Ross Smith; 2. Roy Forrester/Henry Sissons, Orono, LOB 1MO - Working Group - Orono Tree Nursery; John Hill, 159 Easthaven Street, Oshawa, L1G 6K4 _ Development Charges (Correspondence Item D - 2); Hugh Saunders, 19 Prince George Drive, Etobicoke, M9A 1X9 - Report PD-114-96; N. Jane Pepino, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, M5J 2T9 - Report PD-114-96; 6. Hugh Neill, 2111 Prestonvale Road, Courtice, LIE 2S2 _ Report PD-114-96; .... 7. Bill Manson, 20 Clematis Road, Willowdale, M2J 4X2 _ Report PD-114-96; and II. 8. .. Stephen Diamond, Box 48, Suite 4700, Toronto Dominion Bank Tower, Toronto, M5K 1E6 - Report PD-114-96. COMMUNICATIONS I L. Receive for Direction D - 1 ... II. Correspondence received from Howie Herrema, President, Durham Region Federation of Agriculture - Report PD-114-96; and @ l.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON .: -UAPERANCE STREET. BOWMANVILLE .ONTARIO. L1C 3A6. (905) 623-3379. FAX 623-4169 RECYCLED PAPER Special Council Agenda - 2 - July 29, 1996 COMMUNICATIONS D - 2 John Hill, 159 Easthaven Street, Oshawa, L1G 6K4 - Development Charges By-law 92-105. REPORTS .i' 1. Report PD-114-96 - Ontario Municipal Board Hearing - South West Courtice Proposed Plan of Subdivision, Official Plan Amendment Applications - Newcastle III Limited Partnership (formerly Stolp Homes (Newcastle) Ltd.); 289143 Ontario Limited; 765400 Ontario Limited; 2. Report ADMIN-24-~ - St. Marys Cement - Environmental Update; and 3. Addendum to Report ADMIN-14-96 - Older Adult Centre and Highway No. 2 Urbanization Work. OTHER BUSINESS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT j J J J j J j j j J J j j j J j J J J .. - - .. - - - - - - - .. .. .. .. - .. - - COUNCIL DIRECTION ~on Federation O! Agrlcultur~__ ---------- 4441 MaIoaIrn Ro.d, R.R..1 Nedeton. Ontarlo lOB 'LO ;(J5 9960357 Fax: 905 Q86..()Qe D-1 July 25, 19% .Qt~~ Mayor Diane Hamre Corporlltion of the Municipality ofClarington .1.0 T emperancc Strcct B.owmanviIlc. On. L1C 3A6 Via Fax: (905) 623-4169 j ttJ Dear Mayor Hamre: RE: Applications by Newcastle III Limited Partnershill (formerfy Stolp Homes (Newcastle) Ltd.) to amend the Official Plan, to amend the Zoning By-law and ror Draft Man of Subdivision Files: OPA89-OJ2IN; DEV89-041; 18T-89037 Applications by 289143 Ontario Limited to amend the Official Plan, to amend the Zoning By-law and for Draft PIa... ofSubdiyision Files: OrA 95-004/C; DEV 95-017; 18T-9562J Applications by 76S400 Ontario Limited to amend the Official Plan, to amend the Zoning By-law and for Draft Plan of Subdivision Files: OPt\ 95-OO3/C; DEV 95-016; 18T-9S026 Applications by 289143 Ontario Limited to amend the Durham Regional Official Plan and the Newcastle OfficiaJ Plan Files: ROPA 95-007; OPA 95-006fC The Durham Region Federation of Agricullure appreciate receiving nolice of the scheduled Special Meeting of Council ",ith regards to Council considering a Staff RepOrL pertaining to a tentative settlement concerning the applications noted above. At this time we arc unable to have represcnlation at the meeting but wish to have this correspondence includ~-d in consideration during the July 2l,l, 1996 meeting. In a brief conversation with Mr. Warren Munro, Planning Departmenl he indicated Some of the basie changes proposed The DRF A cautiously commends the adjuslment made to the number and mix in the st)'les of uses of the affected properties Still of partlculsr concern are the pressures which come from urban areas encroaching into other neighb-ouring agricultural areas creating incompatible land uses. New residents into areas abutting existing farm propertj~ must be made fully a,vuce of modem day fann practices. Present owner farmers must be able to COflUnue to operate their farm businesses wilhout fear of complaints or harassmenl from lhose who idealize about COtlntry pastoral scenes. Any ~. develO?rncnt requires proper buffering from those arcas which arc currently in agricultural produc:tioo and therefore allow both to function without disputes ....2 .. - 2 - The Durham Region Federation of Agriculture continues to support. higher density r~'Sidcntial development along wilh more efficient use of areas presently developed for urban areas. Any new development should take into consideration the prescot 3brrlculturlll use of lands and the wish\...'S of those landowners who wish to continue on their farming operations without urban conflict .. ... ... Yours truly, bURHAM REGION FEDERATION OF AGRICULTURE .. ~J,. Howie HClTettla. _ident ~ .. -........- IIIIi HHIky. ... '; .. ... ... ... ... ... .. ... IIIIii .. ... - - - - - - - - - - - - - - - - - - - u COUNCIL DIRECTION 0-2 Patti Barrie Planning Office, Durham Region RE: 7700 Carscadden Road, Kendal JUl 9 I ~~ f . ~~JIK&mfi~1ID JUL 1 6 1996 MUNJ,GJNiJJrt' or: CtARINGTON .~ . rLiu~;t~~~H) OFI'AR.rM[NT '. ,". ," ,- '-,-,,__ ,_. n_. Dear Patti, My wife and myself purchased the above mentio~ed property in January,1994. When we were making our offer to.Jpurchase this property, I called the planning office and asked them if a property had an existing home-which had been removed, would I have to pay development charges to build a new home? I was told no. Therefore, I proceeded to purchase the property at $135,000.00, in light of not having to pay the development charges. I now am told that the bylaw states, that if a property has been vacant for 2 years the charges apply again, but I did not know this at the time. Being a realtor, we have suffered hard times, as you are well aware. I am finally in a position to build on this property now, and I feel that the additional cost of development charges to be very onorus upon us. I am asking you, under the current circumstances, to have the charges waived. I do understand that ignorance is no excuse, but I based my purchase price on the property as if it had included levies, because the property at one time did have a home on it which was later moved to the Agricultural Museum in Milton. I was totally unaware that development charges would apply when I wanted to build. I appreciate your assistance ,in this matter. ~ C tJrfJ-J( ./ 0' rjJ John Hill - _ ON: SWC.COU - REPORT #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Special Council Monday, July 29, 1996 File # Res, # - Date: File #: See below Rep\:>rt #: PD-114-96 By-law # Subject: ONTARIO MUNICIPAL BOARD HEARING: SOUTHWEST COURTICE PROPOSED PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT APPLICATIONS NEWCASTLE III LIMITED PARTNERSHIP (FORMERLY STOLP HOMES) 289143 ONTARIO LIMITED AND 765400 ONTARIO LIMITED FILES: OPA 89-032/D/N, 18T-89037, DEV 89-041 OPA 95-003/C, __18T-95026, DEV 95-016 OPA 95-004/C, 18T-95023, DEV 95-017 - - - - Recommendations: It is respectfully recommended to Council the following: 1, THAT Report PD-114-96 be received; - 2. .. - - - - 3, .. 4. - 5. - - - THAT the Memorandum entitled "Principles of Understanding" prepared by the Municipality's Solicitor dated July 11, 1996 be endorsed as the Municipality's position with respect to the matters before the Ontario Municipal Board scheduled for a hearing to commence on September 16, 1996, specifically to request the Board to approve: i) Official Plan Amendment #59 to the Official Plan of the former Town of Newcastle as contained in Schedule 4 ii) Revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 subject to the conditions contained in Schedule 3 iii) Zoning by-laws to provide for the development contemplated in the draft Plans of Subdivision contained in Schedule 12; THAT Resolution #C-107-96 be rescinded; THAT the Regional Municipality of Durham be requested to modify the Clarington Official Plan as indicated in Attachments #8 and 9; THAT subject to 289143 Ontario Limited requesting, prior to August 15, 1996, the reference of its requested amendment to the Regional Municipality of Durham Official Plan respecting the designation of its lands at the southeast corner of Bloor Street and Prestonvale Road (Application OPA 95-007/0) to the Ontario Municipal Board, the Regional Municipality of Durham be requested to refer the designation of the lands contained in the proposed Clarington Official Plan to the REPORT NO.: PD-114-96 PAGE 2 Board to be considered at the same time as the Board considers the requested amendment on designation of the lands contained in the Regional Official Plan, and that the Board be requested to approve the provisions referred to it with the modifications set out in Attachment #8; 6, THAT in the event that: (i) the Regional Municipality of Durham does not initiate the amendment to the Durham Regional Official Plan requested by the Municipality of Clarington regarding the classification of Townline Road South (south of Bloor Street), Glenap\;:>ey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street); or (ii) the Minister of Municipal Affairs and Housing gives notice of decision that he will not approve the same or will approve the same with modifications; the Minister of Municipal Affairs be requested to refer the amendments to the Ontario Municipal Board; 7, THAT in the event that the Regional Municipality of Durham does not approve the proposed Clarington Official Plan with respect to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street), the Regional. Municipality of Durham be requested to refer those portions of the proposed Clarington Official Plan to the Ontario Municipal Board; 8, THAT the Solicitor be authorized to request the Ontario Municipal Board panel scheduled for the hearing to commence September 16, 1996 to be seized of issues relating to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road and Prestonvale Road (north of Bloor Street) and the lands subject to application OPA 95-007/0; 9. THAT staff be authorized to advertise a Public Meeting for September 30, 1996 to consider a proposed amendment to the Municipality's Development Charges By-law to identify two parkettes and one neighbourhood park in Bayview Neighbourhood in Courtice as a growth-related capital service; 1 O. THAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute an agreement which gives effect to the intent of the .Principles of Understandingll and contains such other provisions as are considered necessary to protect the Municipality's interests by the Directors of. Planning and Development and Public Works; ... ... ... ... - ... ... ... ... - ... ... - - - .. ... IIIIiIi .. - - REPORT NO.: PD-114-96 PAGE 3 - 11, THAT by-laws be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute option agreements for the Fire Station site and Community Park site as shown in this report; and - 12. THAT by-laws be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute the respective subdivision agreements with the respective _ owners of the lands within draft Plans of Subdivision 18T -89037, 18T -95023 and 18T-95026, in the event that the Ontario Municipal Board orders draft approval of these plans of subdivision. - - 1. INTRODUCTION 1,1 Newcastle III Umited Partnership ('Newcastle 111"), 289143 Ontario Limited and 765400 Ontario Limited have referred or appealed their applications for official plan amendment, rezoning and draft plans of subdivision for lands in the southwest portion of the expanded Courtice Urban Area to the Ontario Municipal Board (See Attachment # 1), The basis of their appeals was the Municipality's failure to deal with these applications within the statutorily prescribed timeframes, - - - - 1,2 On January 29, 1996, Council adopted the new Clarington Official Plan, Concurrently, through Resolution C-107-96, Council adopted the recommendations of Report PD-15-96 which requested the referral of portions of the proposed Clarington Official Plan and proposed amendments to the Durham Regional Official Plan in Southwest Courtice. The Report also: . approved the applicants' official plan amendment applications as provided for in the new Clarington Official Plan - - - . authorized the Solicitor to request consolidation of the relevant portions of the proposed Clarington Official Plan and the Regional Plan amendment application to the same hearing as the applicant's appeals and referrals - . requested the applicants to detail the proposed phasing of development and to prepare a Financial Impact Analysis, - _ 1.3 Through several prehearing conferences and mediation sessions, the Solicitor and municipal staff have been pursuing the consolidation of the new Official Plan to - - REPORT NO.: PD-114-96 PAGE 4 this hearing, In addition, Council authorized the solicitor and staff to undertake negotiations with the applicants with a view to avoiding a lengthy hearing, These negotiations have focused on concerns regarding the phasing of development, the staging and costs of municipal services and the financial impact of the Southwest Courtice development. Staff have attempted to address all issues of concern raised by Council with respect to previous reports (September 19, 1994 and May 5, 1995) on the applicants' official plan amendment application. 1.4 Additional planning and transE9rtation issues have also resulted in revisions to the applicants' proposed plans of subdivision, The revised draft plans of subdivision are shown on Attachments #2 to #4 inclusive; the details on the revised proposed units are described in Section 2, 1 ,5 As a result of the negotiations between Staff and the applicants, a tentative settlement has been reached on the major issues. The settlement is documented in a Memorandum prepared by the Solicitor dated July 11, 1996 (Attachment #5), The purpose of this report is to present the revised applications and proposed settlement for Council's consideration. 1,6 Several parties to the upcoming hearing are not participants in the settlement. The City of Oshawa and Courtice Heights Developments are not included. Some of the residents of Prestonvale Road were represented at many of the meetings by Mr, Hugh Neill but they are not a party to the settlement. 2. REVISED APPLICATIONS 2.1 OFFICIAL PLAN AMENDMENTS Newcastle III File: OPA 89-032/D/N 765400 Ontario Ltd. File: OPA 95-003/C 289143 Ontario Ltd. File: OPA 95-004/C The applications propose to expand the boundary of the Courtice Urban Area and designate the lands for residential and related land uses. The proponents submitted a draft secondary plan in preparation for the hearing. ... ... ... ... .. .... .. .. .. ... .. ... ... .. ... III ... .. .. .. - REPORT NO.: PD-114-96 PAGE 5 - 2,2 PLANS OF SUBDIVISION Newcastle III File: 18T -89037 - As submitted As revised Single detached units 272 246 - Semi-detached units 56 94 Street townhouse units 76 111 Block townhouse units 78 0 - Total 482 451 - 765400 Ontario Ltd. File: 18T -95026 - As submitted As revised Single detached units 105 112 - Single detached (Shallow lots) 0 60 Semi-detached units 158 188 Street townhouse units 187 48 ... Total 450 238 - 289143 Ontario Ltd. File: 18T -95023 As submitted As revised - Single detached units 166 222 Semi-detached units 134 114 .. Street townhouse units 18 112 Block townhouse units 100 * 0 Apartment units 100 * 50 ... Total 518 498 ... * includes units contained within the Planning Precinct - 2.3 REZONING APPLICATIONS Newcastle III File: DEV 89-041 - 765400 Ontario Ltd. File: DEV 95-016 289143 Ontario Ltd. File: OPA 95-017 - Appropriate zoning changes to implement the above-noted developments. - REPORT NO.: PD-114-96 PAGE 6 3. ADDITIONAL STUDIES 3.1 In response to Council's resolution of January 29, 1996, the applicants prepared two inter-related studies, G, M, Sernas & Associates Ltd. prepared a Development Phasing Document: South-West Courtice and C,N. Watson prepared the Financial Impact Analysis: South-West Courtice. 3,2 Development Phasinq Document The Development Phasing Document was prepared to address how development within the proponents' draftpfans of subdivision would be phased and how the extension of services, the construction of external roads and the construction of parks would be staged accordingly. The phasing of development is proposed to be based on the following principles: rational expansion to the existing urban areas sequential phasing in terms of physical layout and value-engineered design each module to be accessible by a least two routes The phasing of residential units for each developer is shown below. TABLE 1 I PHASING OF RESIDENTIAL UNITS I Application Phase 1 Phase 2 Phase 3 Total Newcastle III 204 183 64 451 289143 Ontario Ltd. 143 267 88 498 765400 Ontario Ltd. 191 47 -- 238 TOTAL 538 497 152 1187 Phase 1 of development (538 units) proceeds with minimal improvements to external roads. The developer is responsible for extending sewer and water services, constructing a stormwater management pond, extending new Bloor ... ... ... ... - - - ... ... ... - ... ... ... - ... III .. ... .. - REPORT NO.: PD-114-96 PAGE 7 - Street from Bruntsfield to Street A in 18T-95026 and constructing one parkette and the neighbourhood park, The Municipality is responsible for constructing a sidewalk on Townline Road. - - Phase 2 of development (497 units) includes the extension of new Bloor Street to Prestonvah3 Road, effectively completing the Bloor Street Realignment. The Municipality would be responsible for the completion of the urbanization of Townline Road to the south l1mit of the Newcastle III lands and the urbanization of Prestonvale Road (north of Bloor Street). The developer would continue to extend sanitary sewer and water supply services with development, construct a second parkette and reconstruct Old Bloor Street as a local road. - - - - Phase 3 comprises only 152 units, The Municipality would be responsible for the urbanization of Prestonvale Road south of Bloor Street. .. .. The revised Development Phasing Document was submitted on July 23, 1996. As of the writing of this report, Staff has not completed its review of the DevelopmElnt Phasing Document. - - 3,3 The Financial Impact Analvsis In response to Council's resolution and the requirements of the proposed Clarington Official Plan, the proponents hired the firm of C,N. Watson and Associates to produce an initial financial analysis. The draft report was reviewed by Staff and discussed at length with Mr.Watson. The report provided assumptions and conclusions by the analyst on the financial impact related to the Municipality's operating and capital budgets as well as other financial considerations. Subsequent to these discussions, a revised report has been submitted by C.N. Watson as the final report. The revised report is substantially in the form of the initial report but does contain some qualifying remarks and explanations for some of the methods used. .. - .. - - - REPORT NO.: PD-114-96 PAGE 8 The report makes reference to the cost implications over the growth period and qualifications are made with respect to the short term potential, however, it does not provide a time related cash flow analysis to match costs with revenues. Had a development charge accumulation and operating cash flow analysis been completed to match the costs attached to the development at each stage of the phasing plan, it may have been more relevant to the cost implications to the Municipality, However, the Municipality's financial risk is reduced by the element of control imposed through the agreement. The Municipality ultimately retains the ability to budget and forecast into its future budgets, those expenditures it deems necessary and affordable at the time. Despite the lack of cash flow analysis provided in the C, N. Watson study, Staff are of the opinion, based on the four year operating forecast provided through TR-87-94, that the Municipality will be in a position to appropriately adjust the timing of the capital works, and subsequently any resulting operating implications, in the normal annual budgetary process. Municipal staff comments on the report are outlined in Attachment #6 and a summary of the financial implications of this development is included in Section 5.6 of this Report. 4. SETTLEMENT The settlement is contained in a Memorandum prepared by the Municipality's Solicitor ~ated July 11, 1996 entitled "Principles of Understanding" (Attachment #5). The settlement was initialed by the parties, including the Assistant Regional Solicitor on July 12, 1996. The Memorandum contains the various elements summarized below. Phasina Plan and Phasina Document The Phasing Plan forms the central component of the settlement. It provides for ... ... ... ... .. .. ... ... """ ... ... ... ... ... .. """ .. IIIIiI """ .. - REPORT NO.: PD-114-96 PAGE 9 .. the phasing of development and the staging of capital works related to each phase of development. The Phasing Plan provides for three phases of development. The Memorandum provides for Phase 1 to be constructed without major improvements to the external roads or revisions to the Development Charges By-law, save and except for the neighbourhood park and parkettes. - - - Phase 2 and 3 lands would be dependent on the Municipality in its discretion incorporating any required 'Capital works within either its current year capital budget or 4 year capital works forecast. In the Municipality's standard practice, this would only be done after incorporating the works in the replacement Development Charges By-law. Expenditures eligible for inclusion in the development charge will be included in the revised development charge calculations. - - .. - Arterial Roads and External Roads There are six arterial or external roads which need to be constructed or reconstructed to facilitate this development as follows: . Townline Road South . New Bloor Street (Realignment) . Old Bloor Street . New East-West Type C Arterial (New Street A in Draft Plan 18T-95026) . Prestonvale Road (north of Bloor Street) . Prestonvale Road (south of Bloor Street) - - .. - - The Memorandum includes a description of the work required, the responsibility for the works, the timing of dedication and construction, the posting of security for the works and the use of development charges revenues where appropriate, The costs are detailed in Section 5.6. .. -- Stormwater Manaqement Works Stormwater management works will be constructed at the owners' expense, Provision is made for a front-ending agreement at the owners request to allow - - REPORT NO.: PD-114-96 PAGE 10 .... .. recovery of a portion of the front-ending payment from other benefitting owners, .. Neiqhbourhood Park and Parkettes .. The lands to the north of new Bloor Street will be serviced by the existing Penfound Park and Gatehouse Parkette. .. The lands to the south of new Bloor Street will be serviced by a Centra! .. Neighbourhood Park located--on the lands owned by 289143 Ontario Ltd. Two parkettes are also to be constructed located on the Newcastle III and 289143 .. Ontario Ltd, lands respectively. The park facilities will be constructed at the owners' expense. The timing of park construction is related to development phasing. Security is to be posted prior to executing a subdivision agreement on anyone of the draft plans of subdivision, The Development Charges By-law is proposed to be amended to add to the By- law the park and parkettes as growth-related services without increasing the quantum of the development charge, The Memorandum provides that if the By- law is so amended, credits will be provided to the owners against their payment of that portion of the development charge for the development of neighbourhood parks and parkettes, The financial implications are reviewed under Section 5,6. Draft Approval of Plans of Subdivision Conditions of draft approval are incorporated as Schedule 3 to the memorandum, These conditions, if endorsed by Council, would be presented to the Ontario Municipal Board for approval. Secondary Plan A Secondary Plan has been prepared as an amendment to the Official Plan of the former Town of Newcastle. The Board would be requested to approve the Secondary Plan substantially in the form contained in Schedule 4 to the ... .. ... ... .. .. .. ... .. ... .. .. - REPORT NO.: PD-114-96 PAGE 11 - - memorandum. The Region would not object to the Board's approval of the Secondary Plan save and except for the classification of Glenabbey Drive, Townline Road (south of Bloor Street) and Prestonvale Road (north of Bloor Street), These classifications would be deferred until the Municipality's application to amend the Durham Regional Official Plan is finalized, - - - Community Park The Memorandum proposes_ a relocation of the new Community Park site identified in the new Clarington Official Plan at the southeast corner of Bloor Street and Prestonvale Road, These lands are also owned by 289143 Ontario Ltd, The northerly 17 acres of their lands would be designated for residential purposes while the southerly 25 acres would be designated as a Community Park site, The Municipality would be given a 15 year option to purchase the land at market value, If the Municipality did not acquire the lands within 15 years from the time of approval of the Official Plan, the lands could be used for residential purposes. - - .. - - - Fire Station Site 289143 Ontario Ltd. will provide the Municipality with a five year option to purchase 1 .85 acres of land near the intersection of Trulls Road and Sand ring ham Drive at full market value for the relocation of the Courtice Fire Station to better serve the southern portions of the Courtice Urban Area. This is reviewed further in Section 5.5. - - - - Implementation The process of implementing the settlement is detailed in the Memorandum including the convening of the Special Council meeting, the actions by the owners and the consent of the owners not to object to the provisions of the new Official Plan. - - - REPORT NO.: PD-114-96 PAGE 12 5. IMPLICATIONS OF PROPOSED SETTLEMENT 5.1 Secondary Plan The Municipality's position, as provided for in Council's resolution of January 29, 1996 (Resolution C-107-96), is that the proponents' applications to amend the Official Plan of the former Town of Newcastle should be approved as provided for in the new Clarington Official Plan. Although the hearing was originally scheduled for July, the Board adjourned the hearing until September 16, 1996 on the consent of all parties to enable the processing of the Official Plan and to enable the parties to narrow the issues. The Region's tentative timetable has been somewhat delayed such that Regional Council will not consider the new Official Plan until September 25, 1996. ... ... .... .... .... .. .... .. If Council does not approve the proposed settlement, with the hearing ... commencing on September 16, 1996, the Municipality could appeal the relevant section of the new Official Plan to the Ontario Municipal Board on the basis of the ... Region's failure to give notice of its proposed decision within 150 days, The Board has reserved August 9, 1996 for the hearing of Clarington's motion to .... consolidate the Clarington Official Plan to the scheduled hearing. If the settlement is approved by Council, it would be presented by the parties to the Board for approval and implementation on September 16, 1996 at a shortened hearing, The proposed settlement provides, in part, that the Municipality recommend that the Board approve an amendment to the Newcastle Official Plan (OPA# 59) in the form of a Secondary Plan for the south-west Courtice area. This Secondary Plan would be a transitional measure only until the new Official Plan is approved, To alleviate the Municipality's concern that the south-west Courtice lands be subject to the policy direction of the new Official Plan, the proposed Secondary Plan contains the relevant policies of the new Official Plan almost verbatim. .... ... .. .... ... .. .. .. .. - REPORT NO.: PD-114-96 PAGE 13 - - .. - - - - - 5,2 .. - - - - - - - - It is the intent of the Memorandum that when the new Official Plan comes into force the Secondary Plan would be subsequently rewritten to include only the site specific policies for this area and incorporated into the new Official Plan. OPA# 59 would subsequently be rescinded by Council. While this course of action proves to be very inefficient from an administrative and legal perspective, the applicants are not willing to adjourn the hearing date and the Region is unable to appr.ove the new Official Plan in time. In order to proceed with this course of action, it is necessary for Council to rescind resolution C-1 07-96. This resolution included Council's approval of the proponents' applications as provided for in the new Clarington Official Plan and Council's authorization to seek the consolidation of the relevant portions of the Clarington Official Plan to this hearing. Road Network The Secondary Plan and the plans of subdivision provide for the road network as shown in the Clarington Official Plan, specifically Townline Road South as a Type B arterial, a new east-west Type C arterial (Street A in 18T-95026) and Prestonvale as a local road. Prestonvale Road Council's resolution of September 26, 1994 is that Prestonvale Road, north of Bloor Street, should be classified as a local road in the Official Plan. However, Prestonvale Road between Glenabbey Drive and Bloor Street is currently designated as a Type C arterial in the Regional Official Plan. The Municipality's amendment request to reclassify Prestonvale Road will not be considered by Regional Council until September 25, 1996 and, if adopted, would then be forwarded to the Ministry of Municipal Affairs for approval. As a result, the settlement discussions had to account for the existing status of Prestonvale Road and the contingency that the Municipality's requested change may not be approved, REPORT NO.: PD-114-96 PAGE 14 Accordingly, the draft plan of subdivision proposed by 765400 Ontario Limited includes a 3 metre widening for a possible upgrade to a Type C arterial road or collector road onlv if the Municipality's amendment request or Official Plan is not approved. It is desirable to have the road classification issue settled by the O,M,B, panel established for the purpose of the South-west Courtice development. Therefore, in the event that the Municipality's Official Plan or the Regional Plan amendment request are not approved, it is recommended that Council reconfirm its request for referrals, Townline Road The Municipality's Official Plan proposes to upgrade the classification of Townline Road South from a Type C arterial to a Type B arterial. The City of Oshawa has now concurred with the designation provided that this does not have a financial impact on the City, To this end, Newcastle III will dedicate a 7 metre widening to bring the road allowance up to the desired 30 metre right-of-way. In addition, they will be responsible for reimbursing the Municipality for approximately $80,000 which is due to the City of Oshawa for road reconstruction work previously undertaken by the City. This amount was due in the event of development occurring on the east side of Townline Road. The Municipality will be responsible for the urbanization of the east side of Townline Road including installing curb and gutter, sidewalks and boulevards. Much of this work can be incorporated in Mure updates of the Development Charges By-law, The costs are included in Section 5.6, Old Bloor Street All plans of subdivision include lots which front onto Old Bloor Street, currently Regional Road #22. The Official Plan and the plans of subdivision provide for the realignment of Bloor Street and the transfer of the regional road function to realigned 'Newll Bloor Street. As a result, the existing road will revert to a local - ... ... ... - ... ... IIIlIl ... ... ... ... ... ... ... .. .II ... .. - - REPORT NO.: PD-114-96 PAGE 15 - road function with lots fronting directly onto this road. The phasing plan provides for this to be undertaken at the developers' expense in Phase 2. - - Street A in 18T -95026 Street A in draft plan of subdivision 18T-95026 has been incorporated into the development as the first segment of a new east-west Type C arterial road, It is to be built at the developers' expense, This road will eventually extend to Courtice Road, functioning-as a mid-block arterial. The new Official Plan proposes this as an alternative to extending Glenabbey Drive to Courtice Road. Residential lots do not have direct access to Street A since it will be performing an arterial function. - - - - Grandview Drive Connection The City of Oshawa has been concerned with respect to the connection of a collector road and subsequently with even the connection of a local road to Grandview Drive, The City is concerned that drivers will attempt to short-cut traffic congestion on Bloor Street by using Grandview Drive as an alternative route. The draft plans of subdivision have a local road connection to Grandview Drive but they have been designed in a manner that it provides a strong disincentive to drivers to other parts of the neighbourhood from trying to short-cut through on Grandview Drive. Staff have not been able to resolve this issue with the City of Oshawa staff, Both the proponent and Clarington staff are not prepared to make further changes. Consequently, this matter will need to be resolved by the Ontario Municipal Board. - - - - .. - - Grid Road System for Collector and Local Roads The draft plans of subdivision have been designed on a grid road pattern taking into account existing constraints, In an effort to pre-empt possible future speeding problems in the vicinity of school and parks, the developers are required to examine traffic calming measures with a view to incorporating these measures at the time of the development. - - - REPORT NO.: PD-114-96 PAGE 16 .. .. 5.3 Community Park .. The Clarington Official Plan identifies a 30 acre Community Park site on the south- east corner of Bloor Street and Prestonvale Road. The balance of the lands are .. designated Light Industrial Area. All of the lands are designated as an Employment Area in the Regional Official Plan, .. These lands are not subject to the hearing but the 42 acre parcel is owned by 289143 Ontario Ltd, The owners have indicated that they intend to object to the designation of the Community Park site in the new Official Plan, On the other hand, the Municipality wanted to be assured of a Community Park location prior to approving residential development in South-west Courtice. In the negotiations, a 25 acre community park site was secured on the southerly portion of the proponents' lands in consideration for a residential designation for the northerly portion of the lands (approximately 17 acres). Both parcels would have slightly less developable area since they contain portions of the Robinson Creek valleylands, However, the Municipality would only have 15 years to acquire the lands, otherwise they could be used for residential purposes, The later the purchase, the cost of acquisition will increase to more closely reflect residential land values, The proposed Community Park site has been reviewed by Public Works and they are considered appropriate for Community Park purposes, However,the lands include a portion of a former gravel pit and have been partially regraded by the proponent. The settlement includes an option to purchase which would include consideration of the regrading required and a review of soils for contamination, The option site location is shown on Attachment #7. To implement the settlement, the Regional Official Plan needs to be amended and the proposed Clarington Official Plan needs to be modified to redesignate the lands in question. The proposed modification to the Clarington Official Plan is included in Attachment # 8. .. .. .. .. IIlIII IIlIII .. IIIIIi .. IIlIII .. .. ... .... .. REPORT NO.: PD-114-96 PAGE 17 - 5.4 Schools The secondary plan for the South-west Courtice Area includes two school - campuses. The southerly campus comprises a public and a separate elementary school in association with the neighbourhood park. This arrangement is generally - the same as the previous plans. - - North of Bloor Street as realigned, a campus comprised of a public elementary school and a public secondary school is proposed, These schools would have access from Street A in Plan_1_8T-95026. This campus arrangement differs from the proposed Clarington Official Plan, which designates the elementary school north of Street A and separate from the secondary school. While staff do not favour this arrangement, the Public School Board has endorsed "in principle" the campus arrangement for this site, - - - - In order to accommodate the proposal, a modification to the Clarington Official Plan is required to relocate the school site (see Attachment #9). - 5.5 Fire Protection Services The Fire Department has indicated that fire service to this area could not meet the recommended urban response time of 3 - 5 minutes. In order to provide the desired level of service, either the Courtice Fire Station needs to be relocated or a second station built. The preferred alternative will depend on the overall pattern of growth within the Municipality. - - - - The developers' group indicated a willingness to assist the Municipality in improving fire services in Courtice, The settlement provides for a five year option for a station site in the vicinity of the intersection of Sand ring ham Drive and Trulls Road as shown on Attachment #10, The lands would be acquired at full market value. Further study would be required to confirm if this is the best location. There would be no cost to the Municipality to secure this option. Therefore if the suitability of this site was confirmed and financial priorities warranted, the Municipality could proceed to exercise this option. - - - - l REPORT NO.: PD-114-96 PAGE 18 5.6 Financial Implications The direct service capital costs to the Municipality associated with the Southwest Courtice development required over and above the capital works program in the current Development Charges By-law is approximately $ 1.4 million comprising of the road, sidewalk, streetlight and parks development as identified on Table 2 below: TABLE 2 CAPITAL-B-DSTS FOR ROADS TO SERVICE SOUTH-WEST COURTICE Description of Works Phase Works Portion Tax Cost covered by supported DC* Portion* _~I::ill~:::~I:::ll~I~I:::P2:::I~fjll::::::::i::::'::::::::::::::::::::: Townline Road (i) New Bloor to Old Bloor 1A 30,000 23,220 6,780 (ii) Old Bloor to south Limit Phase 1A 1A 82,000 63,468 18,532 (iii) Phase 2A 2A 152,000 1 17,648 34,352 New Bloor Street Reconstruction (i) Town line to Bruntsfield 1C 297,000 229,878 67,122 (ii) Bruntsfield to Street A 1C 70,000 60,200 9,800 (iii) Street A to Prestonvale 2C 76,000 65,360 10,640 ENJ Type 'C' Arterial Street A (i) New Bloor to Prestonvale 1 C/2C 6,000 5,160 840 Prestonvale Road (ii) South of Bloor Street 3B 713,000 551 ,862 161 ,138 SUBTOTAL 1,426,000 1,1 16,796 309,204 ;~,I~li:..~hli,qll:..~I,::'I~ti1~1,~:m~i::I~I~.::::i.:.: Prestonvale Road 2C 696,000 538,704 157,296 Bloor to Glenabbey TOTAL 2,122,000 1,655,500 466,500 * Note: Assumes the same formula as the existing Development Charges By-law. These numbers are subject to change in the revisions to the Development Charges By- law. .. ... .. ... .. ... ... ... ... ... ... .. ... ... ... .. .. .. ... .. REPORT NO.: PD-114-96 PAGE 19 - - The works required on Prestonvale Road from Bloor Street to Glenabbey Drive are included in the existing Development Charges By-law, All other works are not currently included. Staff intend to recommend that the growth-related portion of the costs of the above-noted road works should be incorporated into a future development charge update (not necessarily under the same formula as the existing Development Charges By-law). - - - Although most of the road works would be dependent on future amendments to the Development Charges By.: law , The settlement provides that the Municipality would construct a portion of the sidewalk on Townline Road for future residents when required. If this would be required prior to the enactment of the revision to the development charge by-law, the sidewalk and boulevard treatment would need to be tax-supported at a cost less than $112,000, The growth-related portion of this sidewalk could be incorporated in a future revision to the Development Charges By-law and recovered, - - - - - Under the terms of the settlement, the developers are responsible for constructing the parkettes and neighbourhood park at their expense, However as noted above, the settlement provides for the Municipality, if it considers it appropriate to do so, to amend its Development Charges By-law to list the park services but not adding the costs of parks development to the quantum of the existing development charge. This would enable the Municipality to provide a credit against the development charge otherwise payable for the participating developers to a maximum of the neighbourhood park development component. The park acquisition component and the community park development component would not be eligible for the credit. The intent of the credit is to avoid the developers being double-charged for park development costs, up to the maximum of the neighbourhood park development component of the development charge. - - - - - - - Under the proposed credit arrangement, the Municipality is not at financial risk as the agreement provides for only the value of the parks component of the - REPORT NO.: PD-114-96 PAGE 20 .. .. development charge quantum to be credited, This may result in a shortfall to the developers because the existing quantum standards are different than that ... required in this development due to the density of development. Adjusted standards under the revised Development Charges By-law may lessen or .. eliminate the shortfall. 7. RECOMMENDED ACTIONS TO IMPLEMENT SETTLEMENT 7.1 Staff have proceeded to negotiate a settlement with a view to avoiding the hearing scheduled to commence orl--Beptember 16, 1996. If this settlement is not acceptable to Council, Council should authorize the appeal to the Ontario Municipal Board the provisions of the new Official Plan for which referral had been previously requested, The Solicitor should be authorized to consolidate these appeals with the other matters before the Board, Staff and the Solicitor will continue to prepare for the hearing. 7.2 If the settlement is acceptable, it is recommended that: . the Memorandum be endorsed and the Mayor and Clerk be authorized to execute an agreement incorporating the 'Principles of Understanding"; . the previous referral requests and other matters addressed in Resolution #C-107-96 be rescinded; . the Region be requested to modify the proposed Clarington Official Plan as indicated in Attachments #8 and 9; . the Region be requested to refer the portions of the Clarington Official Plan for the lands owned by 289143 Ontario Ltd, subject to the referral of their Regional amendment application; . that in the event that the Municipality's proposed road classifications for Townline Road South, Glenabbey Drive and Prestonvale Road are not approved, that appropriate actions be requested of the approving authorities to refer the Municipality's application to amend the Durham Regional Official Plan and the related portions of the new Clarington Official Plan to the Ontario Municipal Board; ... ... ... ... ... ... ... ... ... ... ... .. .. .. IlIII - - - - - - - - - - .. - - - - - - - - REPORT NO.: PD-114-96 . . PAGE 21 a Public Meeting be scheduled for September 30, 1996 to consider proposed amendments to the Development Chargles By-law to include the parkettes and neighbourhood park in Bayview Neighbourhood as a growth-related service; that the Mayor and Clerk be authorized by by-law to enter into appropriate agreements. Respectfully submitted, t Fra~., RP.P., Director of Planning and Development Reviewed by, w.~~ Chief Administrative Officer ~.V'~ Stephen A. Vokes, p, Eng., Director of Public Works ~ I arano, H.BSc., AM.C.T. Treasurer DC*FW*cc July 25, 1996 Attachment #1 - Attachment #2 - Attachment #3 - Attachment #4 - Attachment #5 - Attachment #6 - Attachment #7 - Attachment #8 - Attachment #9 - Attachment #10 - Location Map Draft Plan of Subdivision 18T-89037 Draft Plan of Subdivision 18T-95023 Draft Plan of Subdivision 18T-95026 Memorandum on Principles of Understandin!;;J Municipal Comment on Financial Impact Annalysis Location Map of Community Park Option Sitl3 Proposed Modification to the Clarington Official Plan (Community Park) Proposed Modification to the Clarington Official Plan (Schools) Location Map of Fire Station Option Site .. 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':'.'.' ~ ~ '.:. · ~ s c~ ~ ~ .',' ,\ II r' ," .; ~ 'I' 'j " :~ 'J ~ 8 u .. ~ ~ ~. ~~ ,',"".. ~ 1 ' 1 II ,ll ~,' t _. ~J ,~ t" ~~; ~ ~ r ~j ~~ ~ w . ~ H! 2' i : ; ~ ~w! e ~ i:; i ~ ~ I~ h /; I; :;: i ~ I~ ~~ ! i i ~ e ~! ~a ! l ~ l I 1\ 8: ~ :, ;;:~)tgi::; :~ttHU~ii~ '::~!il i~h~!~pw'. r' !'It,;1 I" ;:~ ~J'~ ~ ~~ ~~ ~~ ~ : ~''3 ;' ~ ,j:!:: d' , '" :'.. '": , " ~ r, r; !.. '.. I ,. ~ ,I . I t ,~ ,~ ~ I" /" ~ ::;;~ f. , I j / - / ) I ) ) \ \ ~ ( ) c. l ('J ~ I.; , ~ ~ , \ i ./ II I . i I I I \...\1 I I I -, I I I I " I ,,' I I ~~: I '''I I I I '" 1 ~"l I I 'Y I '" 0- n ? \':': I i :U I u, " I I\~ I " ') I I I 'I, " ci ~ .L); !:i i I~ 9 J . a:: ~t I ~ -c ~. 1" l~ I- 'S Z >. o ~i j g i."' V .F~ :g( (! ) ...... ,~t& .. .. .. .. ... ... " WIll ... ... .. ... ... I , I .. ... .. ... ... IlIIIIIi III - . Attachment No.5 MEMORANDUM - - WITHOUT PREJUDICE - DA TE: July 11, 1996 MEMO TO: Andrew Allison - Hugh Saunders Jane Pepino Steven Zakem - Stephen Diamond John Dawson -- - FROM: Dennis C. Hefferon - SUBJECT: PRINCIPLES OF UNDERSTANDING (Draft #8) - 1. Introduction - The purpose of this Memorandum is to set out the principles that have been agreed to by th~ parties as a result of the negotiations to date between the Regional MuniCipality of Durham (the "Region"), the Municipality of Clarington (the "Municipality"), the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 (the "draft Plans of Subdivisions"), and the owner of the lands within draft Plan of Subdivision 1 8T -95037. The negotiations have been conducted in order to resolve all issues between the parties and to avoid the necessity of lengthy Ontario Municipal Board hearings respecting the lands within the draft Plans of Subdivision which are now before the Board as well as the lands within draft Plan of Subdivision 18T-95037. .. - - - - Each of the statements and principles that follow are interdependent and none of them shall be taken to be accepted by any of the parties unless each of them is accepted by all of the parties. Acceptance of the Principles contained in this Memorandum by the parties is conditional on the outstanding issues and zoning set out below, the "Phasing Plan" and "Phasing Document" (as hereafter defined), and a final agreement to implement these Principles which will be set out in greater detail the intent of the parties, each being settled to the satisfaction of the parties. - - - - ... - Page 2 - ... Certain subdivision design issues as well as the Municipality's conditions of draft approval of the Plans of Subdivision are being worked out in discussions by the owners of the lands with relevant staff of the Municipality. The form and content of implementing zoning amendments have not been settled by the parties as yet. ... ... The Phasing Plan South-West Courtice Plate 1 prepared by Tunney Planning Inc. and G.M. Sernas & Associates Ltd. dated June, 1996 (the "Phasing Plan") is intended to replace the corresponding Plate 1 dated April, 1996 which is contained in the "South-West Courtice Neighbourhood Plan Development Phasing Docurmmt" prepared by G.M. Sernas & Associates Ltd. and dated April, 1996 (the "Phasing Document"). The Phasing Plan requires further amendment to reflect the results of negotiations to date and remains to be settled to the satisfaction of the Municipality. The text of the Phasing Document also requires amendment to reflect the content of the Phasing Plan dated June, 1996 as finally settled by the parties. .. ... ... - In this Memorandum, references to the Phasing Plan and the Phasing Document in this Memorandum shall be taken to be references to the Plan and Document as finally settled to the satisfaction of the parties. References to Phases and Stages shall be taken to be references to Phases and Stages shown on the Phasing Plan. References to subsequent Phases or Stages to the Phase(s) and Stage(s) specified shall be taken to be references to the Phase(s) and Stage(s) set out following the Phase(s) and Stage(s) in question so specified on the legend shown on the Phasing Plan. Copies of the Phasing Plan and the Phasing Documents will be contained in Schedules 1 and 2 hereto. Reference to a subdivision agreement(s) shall be taken to be a reference to a subdivision agreement(s) in the Municipality's current standard form on file with the Municipality's Director of Public Works. .. ... ... ... ... The parties agree that minor amendments to the Phasing Plan and Phasing Document approved by the Municipality's Director of Public Works and the owners may be made without amendment being made to the Principles contained in Schedule 1 and 2. ... ... 2. Phasing Plan and Phasing Document ... Subject to (1) amendments to the Phasing Plan and the Phasing Document referred to above being made which are acceptable to the Municipality, (2) III ... III _. - - Page 3 - - to the settlement of draft Plans of Subdivision, conditions of draft approval and zoning which are acceptable to the Municipality, and (3) to the agreement of the owners of the lands within draft Plans of Subdivision 18T- 89037, 18T-95023 and 18T-95026 that they will comply with the Phasing Plan and the Phasing Document as part of a comprehensive settlement of all issues between the parties the Municipality's representatives (the "Staff") will recommend to the Municipality's Council that it approve the Phasing Plan dated June, 1996 and the Phasing Document. - - - The Phasing Plan and the Phasing Document assign the lands within the draft Plans of Subdivision, the services, the roads including certain arterial and external roads, the stormwater management works, and the neighbourhood park and parkettes which are to be constructed to Phases and Stages which are shown on the Phasing Plan and are described in the Phasing Document. Except as otherwise provided herein, although the Phases shown on the Phasing Plan are to be developed or constructed sequentially in conjunction with the works for the corresponding Stages, it is not necessary for the lands within Phases and Stages 1 A, 1 8 and 1 C and the works assigned to them to be developed or constructed sequentially, provided that the works to be constructed in conjunction with each of Phase and Stage 1 A, 1 8 and 1 C, respectively, are developed or constructed in conjunction with the development of lands within the corresponding Phase. The parties acknowledge that timing of the construction of the sidewalk on Townline Road South referred to in paragraph 3(b)(ii) is in the discretion of the Municipality and that the rights of the owners to develop the lands with Phases and Stages 1 A, 1 8 and 1 C are neither dependent nor conditional on the construction of this sidewalk. - - - - - - - Certain of the works shown on the Phasing Plan and described in the Phasing Document are or are intended to be under the jurisdiction of the Regional Municipality of Durham (the Region). Other works are under the Municipality's jurisdiction and will require financing and expenditure decisions to be made by the Municipality's Council. Except as provided below, each of the works under the jurisdiction of either the Region or the Municipality is intended to be undertaken when the Region or the Municipality, as the case may be, determines that there is a need for the work(s) in question and moneys are or will be available for the particular work(s). - - - - With respect to those capital works that under this Memorandum are the responsibility of the Municipality, it is understood and agreed that no - - - Page 4 - development shall take place in Phase and Stage 2A, shown on the Phasing Plan, or on lands within any subsequent Phase and Stage either (1) until such time as the Municipality's Council has included the works necessary for the Stage in question within its capital works forecast, or (2) until the Municipality has approved a budget allocating funds necessary for each such specific work that involves the expenditure of the Municipality's funds including but not limited to development charge revenues. Notwithstanding the assignment of a capital work which is the responsibility of the Municipality under this Memorandum, to a particular Stage, the parties agree that the Municipality may in its discretion provide a work or part of a work in conjunction with an earlier Phase and Stage. Further, the owners of the lands within the draft Plans of Subdivision and the Municipality agree that provided that the capital works which are the Municipality's responsibility under this Memorandum have been included in either the Municipality's capital works forecast or in the Municipality's budget, the development of lands within Phase and Stage 2A or a subsequent Phase and Stage shown on the Phasing Plan may be undertaken before the particular capital work(s) is constructed. The reconstruction of the intersections of New Bloor Street with T own line Road South and Prestonvale Road are the responsibility of the Region. Although portions of their reconstruction is shown on the Phasing Plan to be undertaken as Phases and Stages 1 A and 2A, the Municipality and the owners acknowledge that the Region in its discretion will determine when these intersections will be reconstructed and that with the exception of the lots fronting on Old Bloor Street, the owners' exercise of their rights to develop lands within a subsequent Phase and Stage will not be deferred until the Region reconstructs the intersections in question, nor will their exercise be conditional on such action by the Region. The owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 acknowledge that the development of lots fronting onto Old Bloor Street will not take place until the intersections of New Bloor Street with T ownline Road South and Prestonvale Road has been constructed, New Bloor Street between Bruntsfield Street and Prestonvale Road has been constructed and Bruntsfield Street has been stopped up and closed. For the avoidance of doubt, the parties acknowledge and agree that nothing contained herein is intended to fetter in any way the discretion of the Region's Council and the Municipality's Council to make financing and expenditure decisions respecting any of the works under their respective .. .. .. .. .. .. .. .. .. ... ... ... ... ... .. ... .. .. ... -. - - Page 5 - - jurisdictions which are identified in the Phasing Plan and the Phasing Document. - 3.. Arterial and External Roads - (a) New Bloor Street (i) Intersection with T ownline Road South - - The Region confirms that the reconstruction of this intersection is a Regional responsibility. Reconstruction will be undertaken when the Region determines that it is needed. The cost of this work is a Region responsibility, all or any part of which may be included in the Region's development charge at the Region's discretion. - - (ii) T own line Road South to Bruntsfield Street - The parties acknowledge that the timing and terms of the assumption by the Region of this section of New Bloor Street are matters to be settled by the Region and the Municipality. , - (iii) Bruntsfield Street to Easterly Limit of New Street" A" and New Street "B" - On registration of the first phase of the final Plan Subdivision respecting draft Plan of Subdivision 18T-95026, the owner will dedicate to the Municipality a 36 metre wide right-of-way for this portion of New Bloor Street from the westerly limit of the draft Plan of Subdivision 18T-87041 to the easterly limit of New Street" A" as shown on the draft Plan of Subdivision. - - - The Region confirms that an 11.1 metre wide roadway curb to curb is acceptable to it for the purpose of the Region's assumption of New Bloor Street when it is realigned and constructed from the Townline Road South intersection to the Prestonvale Road intersection. - - The owners will pay for the construction of the equivalent of a 10 metre wide roadway through this section of New Bloor - - - - Page 6 - ... Street at their expense. The Region will, subject to Regional Council approval, pay the incremental cost to widen the roadway from a 10 metre to an 11.1 metre wide roadway. The Municipality will pay the cost of additional granular material and asphalt within the 10 metre road to accommodate future widening of the road in excess of 10 metres. This road will be constructed as a Phase and Stage 1 C work in accordance with the Phasing Plan and the Phasing Document. ... ... ... Provision will be made in the subdivision agreement respecting the lands within-draft Plan of Subdivision 18T-95026 for the posting of security with the Municipality to secure the construction of this section of New Bloor Street prior to the issuance to the owner by the Municipality's Director of Public Works of the necessary Authorization to Commence Works. .. .. ... (iv) New Street "A" and New Street "B" to the Intersection with Prestonvale Road ... On registration of the first phase of its final Plan of Subdivision of the lands within draft Plan of Subdivision 18T-95026, the ... owner will dedicate a 36 metre wide right-of-way to the Muhicipality as shown on the draft Plan of Subdivision. ... The Region confirms that a 11.1 metre wide roadway curb'to curb is acceptable to it for the purpose of its assumption of New Bloor Street when it is constructed from the T own line Road intersection to the Prestonvale Road intersection. ... The owners will pay for the construction of the equivalent of a 10 metre wide roadway through this section of New Bloor Street at their expense. The Region will, subject to Regional Council approval, pay the incremental cost to widen the roadway from a 10 metre to an 11. 1 metre wide roadway. This road will be constructed as a Phase and Stage 2A work in accordance with the Phasing Plan. Provision will be made in the subdivision agreement respecting the lands within draft Plan of Subdivision 18T-95026 for the posting of security with the Municipality to secure the construction of this section of New Bloor Street prior to the commencement of the development of lands within Phase and Stage 1 C sho~n on the Phasing Plan, ... ... ... ... ... .. .. - - - - - - (v) - - - - Page 7 - provided that provIsion shall be made in the aforesaid subdivision agreement for the use of part of the security posted for the development of local roads and other works to be completed in conjunction with Phase and Stage 1 C as security for the cost of construction of this portion of New Bloor Street as the local roads and other works are completed and the performance guarantee respecting them could otherwise be reduced in accordance with the subdivision agreement. Intersection with Preston vale Road The Region confirms that the reconstruction of this intersection is a Regional responsibility. Reconstruction will be undertaken when the Region determines that it is needed. The cost of this work is a Regional responsibility all or any part of which may be included in the Region's development charge in the Region's discretion. (b) Townline Road South - (i) - - - - - - - - - Widening of Right-of-Way Tha parties acknowledge that a 6.83 metre wide widening of Townline Road South is required from the lands within draft Plan of Subdivision 18T-89037. The widening shall "be identified as a Block on the draft Plan of Subdivision. The subdivision agreement respecting the draft Plan of Subdivision 18T-89037 will provide that the owner of the lands within the Plan of Subdivision will dedicate the entire widening to the Municipality for a nominal consideration. (ii) Easterly Side of Townline Road South from Grandview to New Bloor Street The Municipality is responsible for the completion of construction of this portion of Townline Road South to an urban profile including the construction of a sidewalk on the east side of T own line Road South from the walkway in Phase and Stage 1 A of the development of the lands within draft Plan of Subdivision 18T-89037 when the Municipality determines that the sidewalk is needed. The Municipality acknowledges - Page 8 - that the sidewalk maybe required to accommodate residents in Phase and Stage 1 B of the development of the lands within draft Plan of Subdivision 18T -95023 in advance of the development of Phase and Stage 1 A. The Municipality may include the growth-related portion of the cost of these services in its Development Charge By-law or in a replacement of its Development Charge By-law in the Municipality's discretion. Additionally, the. conditions of approval of draft Plan of Subdivision 18T -89037 will provide that the owner of the lands within draft Plan of Subdivision 18T -89037 shall pay to the Municipality approximately $27,000.00 (the exact amount to be confirmed by the Municipality) for remittance to the City of Oshawa as part of the Municipality's share of the cost of the reconstruction of the easterly half of T own line Road South abutting this Plan of Subdivision which had been incurred by the City of Oshawa. Staff will consider whether the amount of this payment could be included in the Municipality's development charge when the Municipality's present Development Charge By-law (By-law No. 92-105, as amended) is amended or replaced and will advise the other parties of their determination as soon as possible. ... .. .. ... .. ... ... .. .. .. .. (iii) Easterly Side of Townline Road South from the southerly limit of Plan 18T -89037 to Grandview .... The Municipality is responsible for the completion of construction of this portion of Townline Road South to an urban profile. The Municipality may include the growth-related portion of the cost of this service in its Development Charge By-law or in a replacement of its Development Charge By-law in the Municipality's discretion. Additionally, the conditions of draft approval will provide that the owner of the lands within draft, Plan of Subdivision 18T- 89037 shall pay the Municipality approximately $53,000.00 (the exact amount to be confirmed by the Municipality) for remittance tG the City of Oshawa as part of the Municipality's share of the cost of the reconstruction of the easterly half of .. .. .. ... .. .. .. - - - - - - (c) - - - - - (d) - - - - - - - - - Page 9 - Townline Road South abutting this Plan of Subdivision which had been incurred by the City of Oshawa. Staff will consider whether the amount of this payment could be included in the Municipality's development charge when the Municipality's present Development Charge By-law (By-law No. 92-105, as amended) is amended or replaced and will advise the other parties of their determination as soon as possible. Prestonvale Road south of New Bloor Street On registration of the..f-irst phase of its final Plan of Subdivision the owner of the land within draft Plan of Subdivision 18T -95023 will dedicate a strip of land abutting Prestonvale Road which is to be identified as a Block shown on the draft Plan of Subdivision to provide for the future widening and realignment which is required to bring the alignment to a Type C arterial road standard. The Municipality will be responsible for the reconstruction of Preston vale Road when it is needed. The Municipality may include the cost or an appropriate portion of it in an amendment to its Development Charge By-law or a replacement of its Development Charge By-law in the Municipality's discretion. Prestonvale Road North of the Intersection with New Bloor Street On registration of the first phase of its final Plan of Subdivision the owner of the land within draft Plan of Subdivision 18T-95026 will dedicate a strip of land abutting this section of Prestonvale Road which is to be identified as a Block shown on the draft Plan of Subdivision to provide for one-half of the widening required to bring it to a local road standard if the Amendment to the Region's Official Plan to reclassify this section of Prestonvale Road is approved. If this Amendment is not approved the owner will dedicate an additional strip of land 3 metres wide, also to be identified as a Block on the draft Plan of Subdivision, to provide for one-half of the widening required for a Type C arterial road. The Municipality will be responsible for reconstructing this section of Preston vale Road to an urban profile when the Municipality determines that the reconstruction is needed. (f) .. - Page 10 - .. (e) New Street "A" and New Street "B" North of Old Bloor Street - On registration of the first phase of its final Plan of Subdivision, the owner of the lands within draft Plan of Subdivision 18T-95026 will dedicate to the Municipality a right-of-way 26 metres wide to the Municipality for New Street "A" and a right-of-way 23 metres wide for New Street "B" as shown on the draft Plan of Subdivision. The owner will also construct 10 metre wide roads on these streets at its expense as Phase and Stage 1 C works as shown on the Phasing Plan. The Municipality will pay the cost of any additional widening to the 10 metre road to accommodate intersection movements at New Street "A" and New Bloor Street. .. .. .. ... Old Bloor Street from Townline Road South to Intersection with New Street "B" lIIII The owners of the lands within draft Plans of Subdivision 1 8T -89037, 18T-95023 and 18T-95026 at their expense will reconstruct Old Bloor Street to an urban profile for a local road from T ownline Road South to the westerly limit of New Street "B". ... Without fettering the Municipality in the exercise of its discretion, if the reconstruction of Old Bloor Street is commenced after title to and responsibility for Old Bloor Street is transferred to the Municipality, at the request of the owners of the lands within the draft Plans' of Subdivision, Staff will recommend that the Municipality enter into a front-ending agreement with the owners pursuant to the provisions of Part II of the Development Charges Act, so that portions of the front- ending cost of the reconstruction may be recovered from other benefiting owners. tIIIl .. .. .. The subdivision agreements respecting the lands within draft Plans of Subdivision 18T-95023 and 18T-95026 shall provide that the lands within Phase 3 shown on the Phasing Plan shall not be developed until Old Bloor Street has been reconstructed in accordance with this paragraph. .. .. .. tIIIl .. .. .. - - Page 1 1 - - (g) Extension of Old Bloor Street as East-West Section of Street "F" (E- W Street "F" - The owners of the lands within draft Plans of Subdivision 18T-95023 and 18T-95026 at their expense will reconstruct E-W Street "F" to an urban profile for a local road from the intersection of New Street "B" to the westerly limit of New Bloor Street. .. - Without fettering the Municipality in the exercise of its discretion, if the reconstruction of Old Bloor Street is commenced after title to and responsibility for Old BJ.a.or Street is transferred to the Municipality, at the request of the owners of the lands within the draft Plans of Subdivision, Staff will recommend that the Municipality enter into a front-ending agreement with the owners pursuant to the provisions of Part II of the Development Charges Act, so that portions of the front- ending cost of the reconstruction may be recovered from other benefiting owners. - - - .. The subdivision agreements respecting the lands in draft Plans of Subdivision 18T-95023 and 18T-95026 shall provide that the lands within Phase 3 shown on the Phasing Plan shall not be developed until E-W Street "F" has been reconstructed in accordance with this paragraph~ .. 4. Storm water Management Works - - The storm water management works described in the Phasing Document will be provided for by the relevant owners at their expense in accordance with the provisions of the subdivision agreements for their respective Plans of Subdivision. Without fettering the Municipality in the exercise of its legislative discretion, at the owners' request, Staff will recommend that the Municipality's Council enter into a front-ending agreement with the owners to recover an appropriate portion of the cost from other benefiting persons. - .. 5. Neiahbourhood Park and Parkettes - (a) Parkette "A" (Plan 18T-89037) - - - - Page 1 2 - Subject to paragraph 5(g), the owner of the lands within Plan of Subdivision 1 8T -89037 shall construct at its expense Parkette "A" shown on the Phasing Plan in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the dwelling unit representing 25 % of the dwelling units to be constructed on Phase and Stage 1 A of the lands within this plan of subdivision. (b) Parkette "S" (Plan 18T-95023) -- Subject to paragraph 5(g), the owner of the lands within Plan of Subdivision 18T-95023 shall construct at its expense Parkette "8" shown on the Phasing Plan in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the dwelling unit representing 25 % of the dwelling units to be constructed on Phase and Stage 28 of the lands within this plan of subdivision. - (c) Neighbourhood Park Subject to paragraph 5(g), the owners of the lands within Plans of Subdivision 18T -89037, 18T -95023 and the portion of Plan of Subdivision 18T-95026 located southerly from New Sloor Street (the "southerly portion of Plan 18T-95026") shall construct at their expense the Neighbourhood Park shown on the Phasing Plan in accordance with the subdivision agreement for draft Plan of Subdivision 18T-95023 and the park development plan approved by the Director of Public Works. The construction shall be commenced prior to: (i) the issuance of the building permit for the 262nd dwelling unit (representing 25 % of the dwelling units in Plans 18T- 89037 and 18T-95023 and the southerly portion of Plan 18T- 95026) to be constructed on its combination of Plans of Subdivision 18T -89037, 18T -95023 and the southerly portion of Plan 18T -95026; and (ii) the issuance--of the building permit for the 159th dwelling unit (representing 35 % of the dwelling units on this Plan) to ... ... ... ... ... ... III .. .. ... ... - - ... - ... .. ... .. .. . - - - - - - - - - - - - - .. - - - - . ' - Page 1 3 - be constructed on the lands within Plan of Subdivision 18T- 89037; or (iii) the issuance of the building permit for the dwelling unit (representing 35 % of the dwelling units on this Plan) to be constructed on the lands within Plan of Subdivision 1 8T- 95023. (d) Security for Estimated Costs of Construction Prior to the day on Wt},i9h the first subdivision agreement respecting anyone or more of draft Plans of Subdivision 18T -89037, 18T -95023 or 18T-95036 is executed by the Municipality, (i) with respect to Parkette "A", the owner of the lands within draft Plan of Subdivision 18T-89037, (ii) with respect to Parkette "S", the owner of the lands within draft Plan of Subdivision 18T-95023, and (iii) with respect to the Neighbourhood Park, the owners of the lands within draft Plans of Subdivision 18T-89037 and 18T- 95026 and the southerly portion of Plan 18T-95026 shall deposit with the Municipality unconditional and irrevocable letter(s) of credit (the "Security") issued by a bank(s) listed in Schedule "I" of the Sank Act for the estimated costs of the Parkettes and Neighbourhood Park as approved by the Municipality's Director of Public Works, provided that without the prior written consent of the owner or owners of the lands in question the amount of the estimated costs of construction and the Security shall not exceed $65,000.00 for Parkette "A", $47,450.00 for Parkette "S" and $442,000.00 for the Neighbourhood Park which amounts shall be indexed using the same index and dates of calculation as provided in the Municipality's Development Charge By-law from the date of this Memorandum. The letter(s) of credit shall be in a form and have a content which is satisfactory to the Municipality's Treasurer. - Page 1 4 - (e) Use by Municipality of the Security The Security may be drawn upon by the Municipality to permit it to undertake or to complete the Parkette(s) or Neighbourhood Park to which it relates in accordance with the relevant provisions of the Municipality's standard form of subdivision agreement on file with the Municipality's Director of Public Works. (f) Amendment to Municipality's Development Charge By-law (i) Without fettering_ the Municipality's Council in the exercise of its legislative discretion, it is the intention of the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 and Staff that the Municipality's Council will consider enacting an amendment to its Development Charge By-law (the "Development Charge Amendment") to add to it Parkette "A", Parkette "B" and the Neighbourhood Park as growth-related capital services. Staff will recommend that the Municipality's Council enact the Development Charge Amendment as soon as possible, subject to compliance with the Development Charges Act. If the Development Charge Amendment is enacted, the Municipality will use its best efforts to obtain the approval of the Development Charge Amendment by the Minister of Municipal Affairs and Housing as soon as possible if the Municipality considers that such approval" is required to bring the Development Charge Amendment into force. (ii) If the Development Charge Amendment is not enacted or is not approved, without fettering the Municipality's Council in the exercise of its legislative discretion, it is the intention of the owners of the lands within draft Plan of Subdivision 18T- 89037, 18T-89023 and 18T-89026 and Staff that the Municipality's Council will consider incorporating in a replacement of its Development Charge By-law (the "Development Charge Replacement") reference to Parkette "A", Parkette "B" and the Neighbourhood Park as growth-related capital services. If the Development Charge Replacement is enacted, the Municipality will use its best efforts to obtain the approval of .-the Development Charge Amendment by the Minister of Municipal Affairs and Housing as soon as possible .. .... .. .. .. .... .... .... .. .. .... .... .. .. .. .. .... - III - - - - - (g) - - - - - - - - - - - - - - - Page 1 5 - if the Municipality considers that such approval is required to bring the Development Charge Replacement into force. If the Development Charge Replacement is enacted, the provisions of paragraph 5 except paragraph 5 (f)(i) which refer to the Development Charge Amendment shall be taken to refer to the Development Charge Replacement. Development Charge Credit If the Development Charge Amendment referred to in paragraph 5 (f) is enacted and comes into and remains in force until the completion of construction of Parkettes "A" and "B" and Neighbourhood Park, it is the intention of the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and the southerly portion of Plan 18T-95026 and the Municipality that, (i) subject to paragraph 5(g)(ii), the Municipality will regard the services in fact provided as being provided in lieu of the payment of a portion of the development charge for the provision of Parkette "A", Parkette "B" and the Neighbourhood Park, respectively, and shall give the owners of lands within draft Plans of-Subdivision 18T-89037 and 18T-95023 and the southerly portion of Plan 18T -95026 a credit against the development charges otherwise payable under the Municipality's Development Charge By-law in an amount equal to the reasonable cost to the owners of providing these services and up to the maximum of the parkette and neighbourhood park development components of the Municipality's development charge that is payable by the owners under the Municipality's Development Charge By-law. If the Development Charge Amendment is not enacted, or does not come into and remain in force until completion of the construction of the latest of Parkettes .. A" and .. B" and the Neighbourhood Park required to be constructed by paragraphs 5(a), 5(b) and 5(c), it is understood and agreed that the Municipality shall not be under any duty to the owner or owners who constructed them either'to give credits against the development charge otherwise payable under the Development Charge By-law for the cost of constructing the aforesaid Parkettes and Neighbourhood Park or any of them or to otherwise compensate the owner or owners or anyone claiming (ii) - Page 1 6 - through or under them who construct any of the Parkettes and Neighbourhood Park for any part of the cost thereof; and the Municipality and the owner of the lands within draft Plans of Subdivision 18T-89037 and 18T-95023 and the southerly portion of draft Plan of Subdivision 18T -95026 will enter into an agreement pursuant to subsection 13(2) of the Development Charges Act substantially in the form and with the content of the draft agreement contained in Schedule 4 hereto which provides that the Neighbourhood Park referred to in paragraph 5 (c) will be ov.e!sized to accommodate development of the "Other Benefiting lands" identified on the map also contained in Schedule 4 hereto, and also provides that a credit against the development charges otherwise payable under the Municipality's Development Charge By-law by the aforesaid owners will be given to them for an amount up to the reasonable cost to the owners of providing the oversized portion of the Neigh.bourhood Park and up to the maximum of the neighbourhood park development component of the Municipality's development charge that is payable under the Municipality's Development Charge By-law, provided that the Neighbourhood Park is constructed by the owners in accordance with paragraph 5(c). If the Development Charge Amendment is not enacted, or does not come into and remain in force until completion of the construction of the Neighbourhood Park required to be constructed by paragraph 5(c), it is understood and agreed that the Municipality shall not be under any duty either to give credits against the development charge otherwise payable under the Development Charge By-law for the cost of constructing the Neighbourhood Park to the owner or owners who constructed them, or otherwise to compensate the owner or owners or anyone claiming through or under them or any of them who construct the Neighbourhood Park for any part of the cost thereof. (h) Alternative Front-Ending Agreement .. .. .. .. .. .. .. .. .. .. .. - .. ... - Without fettering the Municipality in the exercise of its discretion, .. alternatively to the development charge credit referred to in paragraph 5(g), at the request of the Owners of the lands within Plans of Subdivision 18T -89037, 18T -95023 and the southerly portion 1ST - .. .... ~ - - - - - - 6. - - - - - - - - - - - - - - Page 1 7 - 95026, Staff will recommend that the Municipality enter into a front ending agreement with the Owners pursuant to the provisions of Part II of the Development Charges Act so that portions of the front- ending cost of the construction of the Neighbourhood Park will be paid by other benefitting persons in addition to the development charges otherwise payable by them under the Municipality's Development Charge By-law. Draft Aooroval of Plans of Subdivision The respective owners hereby acknowledge that the revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 on file with the Municipality when settled to the satisfaction of the Municipality's Director of Planning and Development and the proposed conditions of draft approval which are to be contained in Schedule 3 hereto when settled by the parties will be satisfactory to each of them and agree that nothing contained in paragraph 5 hereof shall be deemed to derogate from the Municipality's aforesaid conditions of approval. 7. Secondary Plan ., The owners of the lands within draft Plans of Subdivision 18T-89037, 18T- 95023 and 18T -95026 and the Municipality will request that the Ontario Municipal Board order that the former Town of Newcastle Official Plan be amended by adding thereto a Secondary Plan substantially with the content of the Secondary Plan contained in Schedule 4 hereto. The Region will not object to such an order being made by the Ontario Municipal Board with the exception of the classifications of Glenabbey Drive between Townline Road South and Prestonvale Road, Townline Road South south of New Bloor Street and Preston vale Road north of New Bloor Street. 8. Community Park 289143 Ontario Limited, the owner of the lands within draft Plan of Subdivision 18T-95037 and Municipality will consent to the approval of the provisions of the Municipality's proposed Official Plan as they apply to those lands provided that they are modified as set out in Schedule 5 hereto. The owner will request the Minister of Municipal Affairs and Housing to refer its ... - Page 1 8 - .. request to the Region to initiate an amendment to the Regional Official Plan under Application # to the Ontario Municipal Board. The owner and the Municipality will consent to the approval by the Board of the amendments to the Regional Official Plan which are referred to the Board subject to the modifications set out in Schedule 6 hereto. For a nominal consideration the owner shall grant the Municipality the option to purchase the community park site shown on the plan contained in Schedule 7 at any time from the date on which the provisions of the proposed Official Plan and the provisions of the proposed amendments to the Region's Official Plan modified as contemplated by the paragraph come into force for 15 years. The purchase price shall be the market value of the community park site at the date of the exercise of the option to purchase determined by the owner and the Municipality by agreement or failing agreement, by arbitration. The option to purchase shall be in the form and have the content of the option to purchase contained in Schedule 8 hereto. ... ... ... .. l1li .. 9. Fire Station Site .... For a nominal consideration 289143 Ontario Limited as well will grant to the Municipality an option to purchase the lands more particularly described in Schedule 9 hereto for the purpose of constructing thereon a fire station. The option may be exercised by the Municipality at any time until the expiry of the 5 year period commencing with the date of registration of the first phase of the final Plan of Subdivision implementing any of draft Plans .of Subdivision 18T -89037, 18T -95023 and 18T -95026. The purchase price shall be the market value of the land at the date of the exercise of the option to purchase determined by 289143 Ontario Limited and the Municipality by agreement or failing agreement, by arbitration. The option to purchase shall be in the form and have the content of the option to purchase contained in Schedule 10 hereto. ... ... ... ... ... 10. Imolementation (a) Actions to be Recommended to Municipality's Council ... Staff intend to recommend that, conditional on the owners preparing .. (1) final copies of the Phasing Plan and Phasing Document acceptable to Staff, and (2) final copies of the Financial Impact Study prepared by C.N. Watson and Associates Ltd. in sufficient time to allow l1li l1li liliiii - - - Page 1 9 - - members of the public not less than 7 clear days in which to examine them and this Memorandum before the date of the Special Meeting of Council to consider them, the Municipality's Council hold a special meeting to consider an agreement to implement the Principles contained in this Memorandum as soon as is convenient. At the Special Meeting, Council will be requested to: - - (i) Vary its request for referrals to the Ontario Municipal Board in accordance with Schedule 11 hereto, - and to approve the folffiwing other actions: - (ii) Request the Ontario Municipal Board to order the amendment of the former Town of Newcastle Official Plan by adding a Secondary Plan substantially with the content of the Secondary Plan contained in Schedule 4; - - (iii) Request the Ontario Municipal Board to become seized of the issues of the proper classification of Townline Road South, South of New Bloor Street, Glenabbey Drive and Prestonvale Road north of New Bloor Street which are shown on the Secondary Plan contained in Schedule 4 hereto and to defer coMsideration of these classifications until the amendments to the Regional Official Plan respecting the classifications of these pUblic highways which the Municipality has requested the Regional Council to initiate pursuant to Section 17 of the Planning. Act either are initiated and approved by the Minister of Municipal Affairs and Housing, or are brought to the Board by reference or appeal to the Board, pursuant to the Planning Act. The intention of the parties hereto is that all persons interested in the issue of the proposed classifications of the aforesaid public highways whether on respect of the Secondary Plan or the proposed amendments to the Regional Official Plan will be heard by the Board contemporaneously. The parties will cooperate to implement their intention in this regard; - - - - - - - (iv) Request the Ontario Municipal Board to approve revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 when settled to the satisfaction of the Municipality's Director of Planning and Development subject to the conditions to be - - - ... - Page 20 - ... contained in Schedule 3 hereto when they have been settled to ... the satisfaction of the parties; (v) Request the Ontario Municipal Board to enact an amendment to the Municipality's Zoning By-law (By-law No. 84-63, as amended) substantially with the content of the draft By-law contained in Schedule 12 hereto; and ... ... (vi) Authorize the giving of notice of a public meeting to consider a proposed amendment to the Municipality's Development Charge By-Iaw.as contemplated by paragraph 5(f) of this Memorandum. ... ... (b) [Note: Provisions dealing with lands on the east side of Prestonvale Road and the south side of Regional Road No.22 to be settled and included here.] ... 11 . Actions by Owners ... The owners of the lands within draft Plans of Subdivision 18T-89037, 18T- 95023 and 18T-95026 and draft Plan of Subdivision 18T-95037 will support all by-taw and actions by the Municipality's Council which are referred to in this Memorandum. Further, the owners will support the disposition of all of their references and appeals which are before the Ontario Municipal Board that is consistent with the actions of the Municipality's Council referred to in paragraph 10. ... ... ... 12. Owners Not To Object to ProDosed Official Plan. etc. ... Subject to the actions referred to in paragraph 10 being approved and undertaken by the Municipality, the owners of the lands within Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 will not object to the approval of the road classifications shown on the Secondary Plan contained in Schedule 6, and to the approval of the provisions of the Municipality's proposed Official Plan insofar as the proposed Official Plan applies to the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T- 95026 subject to the modifications to it, if any, which may be required by the Region. The aforesaid owners also will not object either to the amendments to the Region's Official Plan which are referred to in paragraph ... ... .. ... III IIIIiii - - Page 21 - - - 9 of the Affidavit of David John Crome affirmed on April 15, 1996, or to the rescission of the proposed Secondary Plan and the amendment of the Municipality's proposed Official Plan, when it is approved, to incorporate in the proposed Official Plan only those provisions of the proposed Secondary Plan the substance of which is not contained in the proposed Official Plan as approved pursuant to the Planning Act, provided that there is no impact on the approved draft Plans of Subdivision and zoning necessary to implement this Memorandum and the Secondary Plan. - - - 1 3. Authoritv of Municipalitv - The owners of the lands within the Plans of Subdivision acknowledge and agree that the Municipality has authority (1) to enter into an agreement to implement, (2) to enact by-laws, (3) to give credits against the development charge otherwise payable by the owners under the Municipality's Development Charge By-law, and (4) to undertake the other actions provided in this Memorandum, including but not restricted to the actions contemplated by paragraph 5 hereof. - - - 14. Time to be of Essence - Time shall be of the essence of these Principles. - 1 5. Bindina Effect - These principles shall enure to the benefit of and be binding on the parties and their respective successors and assigns. - 1 6. Coooeration - The parties will continue to cooperate with each other and act in good faith to give effect to the intent of this Memorandum and in settling the matters that remain to be settled. - NOTE: The contents of the Schedules to this Memorandum remain to be settled by the parties. - - - ... - Page 22 - IIIlII Initialled in counterparts this 11th day of July, 1996. .. .. for the Region of Durham tW\ ality of Clarington .. .. for Newcastle III Limited Partnership and Stolp Homes (Newcastle) Developers Inc. for ~ limited f~ntariO limited IIIlII ... ... ... - ... .... ... - ... IlII ... ... .. - SCHEDULES TO PRINCIPLES OF UNDERSTANDING - ~ Descriotion Page - Phasing Plan 2 - 2 Phasing Document 2 3 Conditions of Draft Approval 16 - 4 Secondary Plan-- 17 - 5 Modifications to Municipality's Proposed 18 Official Plan respecting Community Park Site, - etc. 6 Modifications to Regional Official Plan 18 .. respecting Community Park, etc. 7 Description of Community Park Site 18 .. 8 Option to Purchase Community Park Site 18 - 9 Description of Fire Station Site 18 10 Option to Purchase Fire Station Site 18 - 1 1 Amendments to Municipality's Referral Requests 19 respecting its proposed Official Plan - 12 Proposed Zoning By-law 20 - - - - - - ... ... SCHEDULE "1" ... ... PHASING PLAN ... ... To be completed lllIiII till ... ... ... ... ... ... ... .. ... .. ... - - SCHEDULE "2" - - DEVELOPMENT PHASING DOCUMENT - - - To be completed and attached - - - - - - - - - - - - SCHEDULE "3-1" 18T -95023 289143 ONTARIO LTD. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION Revised July 19, 1996 PLAN IDENTIFICATION 1, That draft Plan of Subdivision 18T-95023 prepared by Tunney Planning Inc. dated January 1995 as revised in -July 1996, and further revised in red as per the attached plan showing 222 lots for single family detached dwellings on Lots 1-59, 66-74, 84-202, 209-233, 253-257 and 271-275 all inclusive, 57 lots (114 units) for semi-detached/link dwellings on Lots 60-65, 75-83, 203-208, 234-252, 258-270 and 276-279 all inclusive, 112 street townhouse dwellings on Blocks 280-299 all inclusive, Block 300 for 50 apartment units, Block 303 for Separate School, Block 304 for Public School, Block 305 for Neighbourhood Park, Block 306 for Parkette, Block 307 for storm water management, Block 308 for open space and various Blocks for reserves, road widenings, site triangles etc., subject to the following conditions. FINAL PLAN REQUIREMENTS 2. That all streets shown within the Plan of Subdivision shall be dedicated as public highways 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 a Noise Control Report be undertaken, to the satisfaction of the Region of Durham and the Municipality, addressing among other matters, the feasibility of achieving acceptable levels of noise attenuation. 5, 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. ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... ... .. III .. - - - 2 - REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT - Cont'd. - 6. 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. - - 7. 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. - 8. That the Owner shall undert.5ll<e, to the satisfaction of the Directors of Public Works and Planning and Development, a study identifying appropriate measures which are effective in providing traffic calming techniques for the proposed plan of subdivision, particularly in the vicinity of the school, park and collector road intersections. - - 9. That the Owner shall transfer to the Municipality, Blocks 305 and 306 for park and parkette purposes respectively. - - 10. That the Owner shall grant a temporary easement of access to the Municipality, satisfactory to the Directors of Planning and Public Works, providing for accE?ss by municipal staff, contractors and members of the public over (1) Lots 99 to 103 inclusive, on draft Plan of Subdivision 18T-95023, and (2) the abutting portion of proposed Street A, if a final plan of subdivision on the lands which includes proposed Streets A and C has not been registered on title. The owner shall improve Street A to make it appropriate as a temporary easement area. The temporary easement of access shall terminate on the issuance of a certificate by the Municipality's Director of Public Works that the base asphalt on proposed Street C on draft Plan of Subdivision 18T-95023 has been completed to his sati sfacti on. - - - .. 11. That the Municipality's Development Charge By-law be amended or replaced to add to it the Parkette in draft Plan of Subdivision 18T-89037 and the Parkette and the Neighbourhood Park, on draft Plan of Subdivision 18T-95023, as growth- related capital services, - 12. That the Owner shall dedicate Blocks 314 and 315, for the purpose of road widening for the full length of Prestonvale Road from Bloor Street to the south - limits of the proposed plan of subdivision. 13. That Blocks as red-line revised for all flankage lots abutting proposed Street B - being 0.3 metre reserves and Blocks 309 to 312 inclusive be conveyed to the Municipality. - - ... - 3 - ... REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT ... 14. 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 agree to perform all terms and conditions of the Municipality's Subdivision Agreement, including but not limited to, the requirements that follow. ... 15, That no development shall take place in Phase and Stage 2B, shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works, or on lands within any subsequent Phase and Stage either (1) until such time as the Municipality's Council has included the works necessary for the Phase and Stage in question within its four year capital works forecast, or (2) until the Municipality has approved a budget allocating funds necessary for each such specific work that involves the expenditure of the Municipality's funds including but not limited to development charge revenues. ... ... .. llllII 16, That all easements, road widenings and reserves as required by the Municipality shall be granted free and clear of all encumbrances and restrictions. tIIIIl 17, 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, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. ... 18. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc, as per the Municipality's standards and criteria. ... 19, That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. - 20. 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 tIIIIl other guarantees or deposits as may be required, respecting the particular works or works. tIIIIl 21. That the Owner shall comply with the architectural control requirements of the Municipality. - tIIIIl 22, That the Owner shall, through its acoustical engineer, certify to the Director of Planning and Development that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington, III III llllII 24. 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. - - - - - - - - - 25. - 26. - 27, - - - - 4 - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT - Cont'd. 23. 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 for the relevant Phase and Stage shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works 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 Subsection 2.4,1.1 and open burning as per Subsection 2.6,3.4 of the Ontario Fire Code. 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. That the Owner shall prepare a park development plan for the parkette identified as Block 306 to the satisfaction of the Director of Public Works. That the Owner of the lands within Plan of Subdivision 18T-95023 shall construct the Parkette on Block 306 in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the 93rd dwelling unit to be constructed on Phase and Stage 2B of the lands within this plan of subdivision, as shown on the Phasing Plan and Phasing document prepared by G. M, Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works. - 28. That the Owner shall prepare a park development plan for the park identified as Block 305 on draft Plan of Subdivision 18T-95023 to the satisfaction of the Director of Public Works. - 29, That the owner shall construct the Neighbourhood Park on Block 305 in accordance with the subdivision agreement for draft Plan of Subdivision 18T- 95023 and the park development plan approved by the Director of Public Works, The construction shall be commenced prior to: - - - - - - 5 - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT - Cont'd. - - (i) the issuance of the building permit for the 248th dwelling unit to be constructed on its combination of Plans of Subdivision 18T-89037, 18T- 95023 and the portion of 18T -95026 south of the Bloor Street realignment as shown on the draft Plan of Subdivision; or - (ii) the issuance of the building permit for the 174th dwelling unit to be constructed on the lands within draft Plan of Subdivision 18T-95023; or - (iii) the issuance of the building permit for the 158th dwelling unit to be constructed on the lallqs within draft Plan of Subdivision 18T-89037. - - 30. That the Owner of the lands within draft Plan of Subdivision 18T-89037 in conjunction with the owners of Draft Plans of Subdivision 18T-95023 and 18T- 95026, at their expense, will reconstruct Old Bloor Street, as shown on the Phasing Plan and Phasing document prepared by G. M, Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works, to an urban profile for a local road including all utilities, Regional services and connections, storm sewers, storm sewer connections, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting from the west limit of Block 301 easterly to the westerly limits of New Bloor Street, as shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works. - - - - 31. That the subdivision agreement respecting the lands in draft Plan of Subdivision 18T-95023 shall provide that the lands within Phase 3, as shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works, shall not be developed until Old Bloor Street has been reconstructed. - - 32. That the subdivision agreement respecting the lands in draft Plan of Subdivision 18T-95023 shall provide that the lands within Phase 3, as shown on the Phasing Plan and Phasing document prepared by G. M, Sernas & Associates Ltd, dated July 1996, as finally approved by, and on file with the Municipality's Director of Public Works, shall not be developed until east - west Street F has been reconstructed. - - - 33. That the recommendations of the traffic calming study as approved by the Municipality will be implemented by the owner in the development of the subdivision, - - .. - 6 - II1II REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT - Cont'd. - 34. That a Storm Water Management Implementation report be prepared for this development to the satisfaction of the Director of Public Works. This report must .... incorporate storm water management principles that are in accordance with the Master Drainage Plan for the Robinson Creek dated January 1991 and amended in April, 1994, prepared by G.M Sernas & Associates Ltd., and as finally approved .... by the Director of Public Works, and must specifically detail the overland flow route for this plan of subdivision to the Storm Water Management Facility. .. 35. That the Owner is responsible, financially and otherwise, for the design and construction of the Storm Water Management Works deemed necessary by the Director of Public Works to service the entire watershed for which this plan of .... subdivision is a part of and to satisfy the requirements of the Master Drainage Plan for the Robinson Creek, dated January 1991 and amended in April, 1994, prepared by G.M Sernas & Associates Ltd., and as finally approved by the .... Director of Public Works. 36. That if the stormwater management works include alteration of the Robinson .... Creek watercourse, the owner shall be responsible for incorporating natural channel design features and revegetate adjacent lands to the satisfaction of the Director of Public Works, the Central Lake Ontario Conservation Authority and the .... Ministry of Natural Resources. 37, That temporary turning circles, or alternative measures acceptable to the Director .... of Public Works, are provided at the terminus of Streets A, C, G, H and I, as well as any temporary internal road termini associated with the development of this .. plan of subdivision. A number of lots, as required will remain "frozen" until such time as these streets are extended and constructed to a finished urban roadway including Regional services and connections, storm sewers, asphalt paving, curb .... and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the frozen lot. .. 38. That all future lots or development blocks abutting the roads within this plan of subdivision that may be developed in future, are all fully serviced to the satisfaction of the Municipality's Director of Public Works, in conjunction with the II1II servicing of this development. 39. That the subject lands be placed in appropriate zoning categories with a Holding .... (H) symbol. That the Holding (H) symbol be removed by By-law at such time as the Municipality releases a particular phase of development. .. .. .. - - - 7 - - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT - Cont'd. - 40. That the Owner satisfy all the conditions financial or otherwise of the external agencies listed below: .. - - - - - - - - - - - - - - a) b) the Northumberland Clarington Public School Board; the Peterborough Victoria Northumberland Clarington Separate School Board; the Central Lake Ontario Conservation Authority; the Ministry of Natural Resources; the Ministry of the EnVIronment and Energy; the Ministry of Citizenship, Culture and Recreation; Ontario Hydro; Bell Canada; and the Region of Durham Works Department. c) d) e) f) g) h) i) SCHEDULE "3-2" 18T-95026 765400 ONTARIO LTD. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION Revised July 1 9, 1996 PLAN IDENTIFICATION 1. That draft Plan of Subdivision 18T-95026 prepared by Tunney Planning Inc. dated March 1995 as revised in July 1996 and further revised in red as per the attached plan showing 172 single fam11y dwelling lots on Lots 1-60, 62-78, 81-95, 97-102, 104-109,112-113 and 116-181 all inclusive, 9 lots (18 units) for semi-detached linked dwellings, on Lots 61, 79-80, 96, 103, 110-111 and 114-115 all inclusive, 48 on-street townhouse dwellings, on Blocks 182-189, Block 190 for walkway, Block 203 for Public Schools, Block 204 for future development and various Blocks for reserves, road widenings, site triangles etc" subject to the following conditions. FINAL PLAN REQUIREMENTS 2. That all streets shown within the Plan of Subdivision shall be dedicated as public highways 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 a Noise Control Report be undertaken, to the satisfaction of the Region of Durham and the Municipality, addressing among other matters, the feasibility of achieving acceptable levels of noise attenuation. 5. 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. 6. 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. - ... ... ... ... - - ... ... - ... - ... ... - .. ... .. lIIIiI .. - - 2 - - REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT - - 7. 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. - 8, That the Owner shall undertake, to the satisfaction of the Director of Public Works and Planning and Development, a study demonstrating appropriate measures on Street A which are effective in providing traffic calming techniques for the proposed Plan of Subdivision, -in particular in the vicinity of the proposed school blocks and collector road intersections, - .. 9. That Block 305, the Neighbourhood Park in draft Plan of Subdivision 18T-95023, shall be dedicated to the Municipality prior to registration of the final Plan of Subdivision for plan 18T-95026. - 10. That the owner shall grant a temporary easement of access to the Municipality, satisfactory to the Directors of Planning and Public Works, providing for access by municipal staff and contractors and members of the public over (1) Lots 106 to 110 inclusive, on draft Plan of Subdivision 18T-95023; and (2) over the abutting portion of proposed Street A and proposed connecting Street B, if a final plan of subdivision on the lands which includes Streets Band C has not been registered on title. The owner shall improve Street A and B, to make it appropriate as a temporary easement area. The temporary easement of access shall terminate on the issuance of a certificate by the Municipality's Director of Public Works that the base asphalt on the proposed Street Band C on draft Plan of Subdivision 18T- 95023 has been completed to his satisfaction. - - - - - 11, That Blocks 199 to 202 be transferred to the Municipality, for the purposes of road widening, provided that if Prestonvale Road northerly from Bloor Street to Glenabbey Drive is classified as a local road in the Official Plan for the Regional Municipality of Durham, the Municipality will transfer the 3,0 metre widening for the Type C Arterial road, Blocks 199 and 201, back to the Owner for a nominal consideration. - - 12. That Blocks 191 to 196, being 0.3 metre reserves along Street A, be conveyed to the Municipality. - 13. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to perform all terms and conditions of the Municipality's Subdivision Agreement, including but not limited to, the requirements that follow. - - .. - 3 - .. REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT - 14. That no development shall take place in Phase and Stage 2C, shown on the - Phasing Plan and Phasing Document prepared by G. M. Sernas & Associates Ltd" dated July 1996, as finally approved and on file with the Director of Public Works, or on lands within any subsequent Phase either (1) until such time as the - Municipality's Council has included the works necessary for the Phase and Stage in question within its four year capital works forecast, or (2) until the Municipality has approved a budget allocating funds necessary for each specific work that .. involves the expenditure of tJ:l.? Municipality's funds including but not limited to development charge revenues. - 15. That all easements, road widenings and reserves as required by the Municipality shall be granted free and clear of all encumbrances, ... 16, That the Owner shall pay at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication in accordance with the policies of the Municipality's Official Plan. .. 17, 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, ... as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. .. 18, That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc, as per the Municipality's standards and criteria. .. 19, That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. .. 20, 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. .. 21. That the Owner shall comply with the architectural control requirements of the Municipality. .. 22. That the Owner shall, through its acoustical engineer, certify to the Director of Planning and Development that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality IIlII of Clarington. .. III - - - 4 - - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cant' d) - 23. 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 for the relevant Phase and Stage, shown on the Phasing Plan and Phasing Document prepared by G. M. Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works, 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 2.4.1.1 and open burning as per Subsec1is>n 2.6,3.4 of the Ontario Fire Code. - - - 24. 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, - - - 25. 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. - 26. That the Neighbourhood Park, Block 304 on Plan 18T-95023, shall be constructed, in accordance with the park development plan for it, approved by the Director of Public Works prior to: - - (i) the issuance of the building permit for the 248th dwelling unit to be constructed on its combination of Plans of Subdivision 18T-89037, 18T- 95023 and the portion of 18T-95026 south of the Bloor Street realignment as shown on the draft Plan of Subdivision; or - (ii) the issuance of the building permit for the 174th dwelling unit to be constructed on the lands within draft Plan of Subdivision 18T-95023; or - Vii) the issuance of the building permit for the 158th dwelling unit to be constructed on the lands within draft Plan of Subdivision 18T-89037. - 27. That the subdivision agreement respecting the lands in draft Plan of Subdivision 18T-95026 shall provide that the lands within Phase 3 as shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works, shall not be developed until Old Bloor Street has been reconstructed, - - - .. -5- .. REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cont'd) .. 28. That the recommendations of the traffic calming study be implemented by the Owner through the engineering of the subdivision. 29. That a Storm Water Management Implementation report be prepared for this development and subsequently approved by the Director of Public Works. This report must incorporate storm water management principles that are in accordance with the Master Drainage Plan for Robinson Creek dated January 1991 and amended in April 1994, prepared by G.M Sernas and Associates Ltd., as finally approved by the Director of Public Works, and must specifically detail the overland flow route for this plan of subdivision to the Storm Water Management Facility. 30. That the Owner is responsible, financially and otherwise, for the design and construction of the. Storm Water Management Works deemed necessary by the Director of Public Works to service the entire watershed for which this plan of subdivision is a part of and to satisfy the requirements of the Master Drainage Plan for Robinson Creek dated January 1991 and amended in April 1994, prepared by G. M. Sernas & Associates Ltd., as finally approved by the Director of Public Works. 31. That if the stormwater management works include alteration of the Robinson Creek watercourse, the Owner shall be responsible for incorporating natural channel design features and revegetate adjacent lands to the satisfaction of the Director of Public Works, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. 32. That Lots 169 and 181 all inclusive, are frozen until the Municipality has reconstructed Prestonvale Road abutting the subject lots to full urban standards and the Region of Durham has provided sanitary sewers and watermains. The Owner will be required to reimburse the Municipality for costs of connecting these lots to Prestonvale Road. These costs include storm sewer connections, street trees, and the construction of driveway accesses, 33. That temporary turning circles, or alternatives acceptable to the Director of Public Works are provided, as well as any temporary internal road terminuses associated with the development of this Plan of Subdivision. A number of lots as required will remain "frozen" until such time as these streets are extended and constructed to a finished urban roadway including Regional services and connections, storm sewers, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the frozen lot. .. .. - ... ... ... - ... - .. .. - ... .. .. .. - - - 6 - - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cont'd) 34, That all future lots or development blocks abutting the roads within this plan of subdivision that may be developed in future, are all fully serviced to the satisfaction of the Municipality's Director of Public Works in conjunction with the servicing of this development. - - 35. That the subject lands be placed in appropriate zoning categories with a Holding (H) symbol and that the holding symbol be removed by by-law at such time as the Municipality releases a p~~icular phase of development. 36. That Blocks 182 to 184 inclusive and Block 204 be subject to site plan approval. - - - 37, That the Owner satisfy all the conditions financial or otherwise of the external agencies listed below: - a) b) c) d) e) f) g) h) i) - - - - - - - - - - the Northumberland Clarington Public School Board; the Peterborough Victoria Northumberland Clarington Separate School Board; the Central Lake Ontario Conservation Authority; the Ministry of Natural Resources; the Ministry of the Environment and Energy; the Ministry of Citizenship, Culture and Recreation; Ontario Hydro; Bell Canada; and the Region of Durham Works Department. SCHEDULE "3-3" 18T-89037 NEWCASTLE III LIMITED PARTNERSHIP CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION Revised July 19, 1996 PLAN IDENTIFICATION 1, That draft Plan of Subdivision 18T-89037 prepared by Tunney Planning Inc. dated March 1989 as revised in July 1996, and further revised in red, as per the attached plan, showing 2462Lngle detached dwellings on Lots 1-201, 206-217, 234-253 and 269-281 all inclusive, 47 lots (94 units) for semi-detached/linked dwellings on Lots 202-205, 218-233, 254-268 and 282-293 all inclusive, 111 on- street townhouse dwellings on Blocks 294-313 all inclusive, Block 316 for Separate School, Block 317 for Public School, Block 318 for parkette, Blocks 319 and 320 for walkways, Block 321 for storm water management and various blocks for reserve, road widening, etc., subject to the following conditions, FINAL PLAN REQUIREMENTS 2, That all streets within the Plan of Subdivision shall be dedicated as public highways 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 a Noise Control Report be undertaken, to the satisfaction of the Region of Durham and the Municipality, addressing among other matters, the feasibility of achieving acceptable levels of noise attenuation from T ownline Road and the Canadian Pacific Railway. 5. 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. 6. 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. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. ... ... - - 2 - - - REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (Cont'd) - 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan, to be included on the Engineering drawings, to the satisfaction of the Directors of Public Works and Planning and Development. - 8. That the Owner shall undertake, to the satisfaction of the Director of Public Works and Planning and Development, a study demonstrating appropriate measures on Street A which are effective in providing traffic calming techniques for the proposed Plan of Subdivision, in particular in the vicinity of the proposed school blocks and collector road intersections. - - 9. That the Owner shall transfer to the Municipality Block 318, the parkette, for park purposes. - 10, That Block 305, the Neighbourhood Park in the abutting plan of subdivision 18T- 95023, shall be dedicated to the Municipality prior to registration of the final Plan of Subdivision for draft Plan of Subdivision 18T-89037. - - 11, That the owner shall deliver to the Municipality, a transfer of a temporary easement of access to the Municipality, satisfactory to the Directors of Planning and Public Works, providing for access by municipal staff, contractors and members of the public over (1) Lots 99 to 103 inclusive on draft Plan of Subdivision 18T -95023 and (2) the abutting portion of proposed Street A, if a final plan of subdivision on the lands which includes proposed Streets A and C on draft Plan of Subdivision 18T-95023 has not been registered on title, The owner shall improve Street A to make it appropriate as a temporary easement area. The temporary easement of access shall terminate on the issuance of a certificate by the Municipality's Director of Public Works that the base asphalt on the proposed Streets A and C on draft Plan of Subdivision 18T-95023 has been completed to his satisfaction. - .. - - 12. That the Owner shall dedicate Blocks 330 and 331 for the purposes of a 6.83 metre road widening, for the full length of Townline Road, from Old Bloor Street to the south limits of the proposed plan of subdivision. - - 13. That Blocks as red-line revised for all flankage lots and Lot 120 abutting proposed Street B, being 0.3 metre reserves, as well as Blocks 322-329 inclusive, be conveyed to the Municipality. - 14, That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to perform all terms and conditions of the Municipality's Subdivision Agreement, including but not limited to, the requirements that follow. - - ... - 3 - ... REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT IIlIIl 15. That no development shall take place in Phase and Stage 2A, shown on the IIlIIl Phasing Plan and Phasing Document prepared by G. M, Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works, or on lands within any subsequent Phase either (1) until such time as the ... Municipality's Council has included the works necessary for the Phase and Stage in question within its four year capital works forecast, or (2) until the Municipality has approved a budget allocating funds necessary for each specific work that ... involves the expenditure of tbe Municipality's funds including but not limited to development charge revenues. III 16, That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. !III 17, 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, ... 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, .. 18, That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. ... 19. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. .... 20, 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. 21. That the Owner shall comply with the architectural control requirements of the .. Municipality. 22, That the Owner shall, through its acoustical engineer, certify to the Director of .. Planning and Development that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. .. ... !III ... - - - 4- - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cont'd) 23. 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, for the relevant Phase and Stage shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works, 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 Subsection 2.4.1,1 and open burning as per Su~~ection 2.6,3.4 of the Ontario Fire Code, 24. That 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 municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. - - - - - - 25. - 26. - 27. - - - - - - - - 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. That the Owner shall prepare a park development plan for the parkette identified as Block 318 to the satisfaction of the Director of Public Works. That the Owner of the lands within Plan of Subdivision 18T-89037 shall have constructed the Parkette, Block 318, in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the 71 st dwelling unit to be constructed on Phase and Stage 1 A of the lands within this plan of subdivision as shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works. 28. That the Neighbourhood Park on Block 305 on draft Plan of Subdivision 18T- 95023, shall have been constructed, in accordance with the park development plan for it, approved by the Director of Public Works prior to: (i) the issuance of the building permit for the 248th dwelling unit to be constructed on its combination of Plans of Subdivision 18T-89037, 18T- 95023 and the portion of 18T-95026 south of the Bloor Street realignment as shown on the draft Plan of Subdivision; or ... - 5 - ... REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cant'd) ... (ii) the issuance of the building permit for the 158th dwelling unit to be constructed on the lands within draft Plan of Subdivision 18T-89037; or ... (iii) the issuance of the building permit for 174th dwelling unit to be constructed within draft Plan of Subdivision 18T-95023. ... 29. That the Owners of the lands within draft Plans of Subdivision 18T-89037, 18T- 95023 and 18T-95026, at their expense, will reconstruct Old Bloor Street, as shown on the Phasing Plan and Phasing document prepared by G. M, Sernas & Associates Ltd., dated July 1996, as finally approved and on file with the Director of Public Works, to an urban -p-rofile for a local road from Townline Road South to the westerly limit of New Bloor Street. ... ... 30, That the subdivision agreement respecting the lands in draft Plan of Subdivision 18T -89037 shall provide that the lands within Phase 3 as shown on the Phasing Plan and Phasing document prepared by G. M. Sernas & Associates Ltd" dated July 1996, as finally approved and on file with the Director of Public Works, shall not be developed until Old Bloor Street has been reconstructed. ... .. 31, That the recommendations of the traffic calming study be implemented by the Owner through the engineering of the subdivision, - 32, That a Storm Water Management Implementation report be prepared for this development to the satisfaction of the Director of Public Works. This report must incorporate storm water management principles that are in accordance with the Master Drainage Plan for Robinson Creek dated January 1991 and amended in April 1994, prepared by G.M Sernas & Associates Ltd., as finally approved by the Director of Public Works, and must specifically detail the overland flow route for this plan of subdivision to the Storm Water Management Facility. - .. ... 33. That the Owner is responsible, financially and otherwise, for the design and construction of the Storm Water Management Works deemed necessary by the Director of Public Works to service the entire watershed for which this plan of subdivision is a part of and to satisfy the requirements of the Master Drainage Plan for Robinson Creek dated January 1991 and amended in April 1994 prepared by G. M. Sernas & Associates Ltd., as finally approved by the Director of Public Works, .. .. 34. That if the stormwater management works include alteration of the Robinson Creek watercourse, the Owner shall be responsible for incorporating natural channel design features and revegetate adjacent lands to the satisfaction of the .. Director of Public Works, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. ... III 1 :J III .. - - 6. - REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT (Cant'd) - 35. That lots 100 to 111 inclusive shall not be developed until such time the Director of Public Works is satisfied that these lands will not be required for the Storm Water Management Facility. 36. That temporary turning circles or alternatives, acceptable to the Director of Public Works, shall be constructed at the terminus of Streets A, B, G, H, and I, as well as any temporary internal road termini associated with the development of this Plan of Subdivision. A number of lots as required will remain "frozen" until such time as these streets are exteAded and constructed to a finished urban roadway including Regional services and connections, storm sewers, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the frozen lot. - - - 37. That all future lots or development blocks abutting the roads within this plan of subdivision that may be developed in future, are all fully serviced. to the satisfaction of the Director of Public Works in conjunction with the servicing of this development. - - 38. That the subject lands be placed in appropriate zoning categories with a Holding (H) symbol, and that the holding symbol not be removed until such time as the Municipality released a particular phase of development. - .. 39. That Blocks 297 to 299 be subject to site plan approval. - 40. That the Owner satisfy all the conditions financial or otherwise of the external agencies as listed below: - - c) d) e) f) g) h) i) j) - - - - - a) b) the Northumberland Clarington Public School Board; the Peterborough Victoria Northumberland Clarington Separate School Board; the Central Lake Ontario Conservation Authority; the Ministry of Natural Resources; the Ministry of the Environment and Energy; the Ministry of Citizenship, Culture and Recreation; Ontario Hydro; Bell Canada; the Region of Durham Works Department; and the City of Oshawa. SCHEDULE 11411 July 19, 1996 AMENDMENT NO. 59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE PURPOSE: The Purpose of this Amendment is: a) to include a new residential area within the Courtice Urban Area; b) to incorporate a secondary plan for the South-West Courtice Planning Area to guide its future development; and c) to amend the road classification for Townline Road, the alignment of Bloor Street and to designate new collector and arterial roads as part of the extended urban area. ... .. .. ... ... .. wi II1II LOCATION: The amendment applies to the lands located east of Townline Road, south of Glenabbey Drive, west of Prestonvale Road and north of Highway 401, ... being Parts of Lots 33, 34 and 35, Concession 1 and 2 in the former Township of Darlington, now the Municipality of Clarington, BASIS: The Clarington Official Plan Review commenced in January of 1992, One of the objectives of the Review was to prepare a new Official Plan for the Municipality in conformity with the 1991 Durham Regional Official Plan. This included the expansion of the Courtice Urban Area to designate additional lands for residential purposes. The South-West Courtice Secondary Planning Area was incorporated in the Courtice Urban Area in the new Clarington Official Plan adopted by Council on January 29, 1996. The northerly portion was included in lands available for development prior to 2016. The southerly portion of the Planning Area includes lands not required for residential purposes by 2016 and were identified as a IIFuture Urban Residential Areall. This Secondary Plan has been prepared as a transitional measure to enable the consideration of plans of subdivision and proposed zoning on the lands within the Planning Area prior to .the approval of the new Clarington Official Plan by the Regional Municipality of Durham. This measure was deemed necessary in light of pending hearings of the Ontario Municipal Board scheduled to commence September 16, 1996, among other matters, on three private official plan amendments (Files: OPA 89- 032, OPA 95-003, OPA 95-004). ... .. - ... "" ... ... .. 1 .. .. - - July 19, 1996 - - This Secondary Plan is based on the South-West Courtice Neighbourhood Planning Study prepared by Tunney Planning Inc. on behalf of the landowners, the policies contained in the new Clarington Official Plan and Council's resolution of September 26, 1994 with respect to Prestonvale Road. - ACTUAL AMENDMENT: The Official Plan of the former Town of Newcastle is hereby amended as follows: - "10.3 - - 10.3.1, 10.3.1 ,1 - - - - - 10.3.1 .2 - - 10.3.1.3 - - - - i) Add a new Section 10,3 as follows: SOUTH-WEST COURTICE PLANNING AREA SECONDARY PLAN Introduction This Secondary Plan has been prepared as an amendment to the former Town of Newcastle Official Plan as a transitional measure. The proposed Clarington Official Plan was adopted by the Municipality of Clarington Council on January 29, 1996, The Regional Municipality of Durham which is the approving authority under the Planning Act for the Municipality's proposed Official Plan, has not decided whether it should be approved in whole or in part and with or without modifications. If the provisions of the proposed Clarington Official Plan which, in substance are consistent with the intent of this Secondary Plan, are approved pursuant to the Planning Act, it is the intention of the Municipality of Clarington to initiate an amendment to rescind this Secondary Plan and to initiate an amendment to the proposed Clarington Official Plan to incorporate only those provisions of the Secondary Plan which are not in substance contained in the proposed and approved Clarington Official Plan. The South-West Courtice Secondary Planning Area comprises Bayview Neighbourhood and a portion of Penfound Neighbourhood as identified in the Clarington Official Plan. The Secondary Planning Area is approximately 148 hectares of land located south of the existing Courtice urban area, west of Prestonvale Road and east of Townline Road. This Plan assumes that Clarington will continue to experience growth pressures characteristic of the fringe communities of the Greater Toronto Area. Recognizing the importance of pursuing sustainable development and the collective health and well-being of Clarington residents, this Plan seeks to implement the following directions for managing growth of the 2 .. July 19, 1996 .. 10.3,1.4 10.3.2 10,3.2,1 10.3.2.2 10.3.3 10.3.3.1 10.3.3.2 10,3.3.3 lands to which it applies: .. . Compact Urban Form Compact urban form will be achieved with an emphasis on higher densities and a mix of uses. ... . Structured Growth Growth on the lands to which this Secondary Plan applies will occur in proportion to the urban population targets with Bowmanville continuing to grow as the dominant urban centre in Clarington. .. .. . Balanced Growth Residential growth will complement employment growth. .. . Phased Development Urban growth will be phased in order to encourage compact urban form and the orderly, efficient and economic provision of public infrastructure and seNices. .. ... This Plan will guide Council in assessing various proposals for development and in the exercise of powers of subdivision approval, zoning and site plan control. .. GOALS .. To provide a residential living environment that promotes a desirable quality of life and social interaction. ... To provide a broad range of housing to meet the evolving housing needs of current and future residents. ... OBJECTIVES ... To provide for phased, sequential development within clearly defined urban boundaries to the year 2016. ... To ensure the role of Bowmanville as the dominant urban centre of the Municipality. ... To provide or reconstruct the necessary public infrastructure, including transportation facilities, sanitary sewer, water supply and storm water facilities, and recreational, cultural and community facilities in an orderly, .. 3 tIIIi .. - - July 19, 1996 - 10.3.3.4 - 10.3.3.5 10.3.3.6 - 10.3.3.7 - 10.3.3.8 - 10.3.3.9 - - 10.3.4 - 10,3.4.1 - 10.3.4,2 - - .. - 10.3.4.3 - 10.3.4.4 - - - cost-efficient and economic manner. To maintain an adequate supply of land for housing purposes. To encourage a minimum of 30% of all new housing to be affordable. To provide for a variety of housing densities and housing forms for each neighbourhood to achieve a desirable housing mix. To provide for a variety of uses for each neighbourhood to service residents and to decrease the dependency on motor vehicles. To achieve safe and livable neighbourhoods, To develop a system of municipal parks to be connected to the Open Space System which provides a variety of recreational facilities, civic gathering spaces, and the preservation of natural heritage features, GENERAL POLICIES The ultimate planned population for the Secondary Planning Area is approximately 6,200 persons at an overall gross residential density of 17,3 units per gross hectare. This Plan has been prepared subsequent to the adoption by Clarington Council of the new Clarington Official Plan. In accordance with the provisions of Section 5.3.14 and 5.3.15 of the Durham Regional Official Plan, the preparation of the Clarington Official Plan included an analysis of the lands required to provide a 20 year supply of land, The northerly portion of the Secondary Planning Area has been included within the 20 year lands needed and readily serviced by 2016. The projected population allocated to these lands is 4,500 persons, The southerly portion of the Secondary Planning Area are lands which cannot be readily serviced and are not required for residential purposes by 2016. The lands are identified as "Future Urban Residential Area" on Map 10-2. Residential development will not be permitted in areas subject to concentrated pollution, whether from noise, air, soil or water. Buffers or, where necessary, spatial separation shall be provided where schools, residential uses, and community facilities are in proximity to 4 ... July 19, 1996 .. 10.3.5 10.3.5.1 10,3.5.2 10.3.5.3 industrial uses, and between residential development and railroads, freeways and arterial roads, to the satisfaction of Council and in accordance with provincial guidelines. .. .. RESIDENTIAL .. The predominant use of lands designated Urban Residential within each neighbourhood shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatiPJe with and serve residential uses, These include corner stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be permitted in accordance with the relevant policies of this Plan and the Official Plan. .. .. ... Home-based occupation uses are permitted as an accessory use to a residential dwelling subject to the following criteria: .. a) the use shall not change the residential character of the structure and is completely contained within the dwelling unit, excluding garage space; .. b) the use does not exceed the equivalent of 30% of the habitable area of the residence; ... c) there is no exterior display of merchandise or outside storage of goods or materials associated with said use and signage shall comply with the provisions of the Sign By-law, as amended from time to time; - .. d) the use is not a public nuisance due to noise, glare, dust, odours, vibration, hours of operation, interruption of communication signals, or traffic generation; """ ... e) employees are limited to those residing in the dwelling unit plus one additional person; and ... f) there is adequate off-street parking. Within the lands designated Urban Residential, there are three density .. 5 . ... - - July 19, 1996 - - - - - - - - - 10.3.5.4 - 10.3.5.5 - - - - - - - categories. The density standards, predominant housing forms and locational criteria for Low, Medium and High Density Residential development are contained in Table 10-1. Table 10-1 Residential Density Standards Density Net l)redominant Maximum General Category Density Housing Forms Height LocationaI (units per Criteria net ha) - Low 10-30 Single Detached 2.5 Generally internal Density Sem i- DetachedlLink Storeys to neighbourhoods Duplex Medium 31 - 60 Townhouses 4 Storeys Within Central Density TripleX/Quadruplex Areas, adjacent to Low Rise arterial roads, or Apartments Mixed within a 100m of Use developments arterial/collector road intersection High 61 - 100 Medium Rise 6 Storeys Density Apartments Adjacent to Type A Mixed Use or B arterial roads Developments The predominant housing forms identified in Table 10-1 are general and do not preclude similar or innovative housing forms which meet the intent of this Plan. Proposed plans of subdivision should generally provide a mixture of housing forms and densities, Housing targets for each neighbourhood, identified on Table 10-2, are a general guideline for the distribution of housing units. 6 .. July 19, 1996 ... Table 10-2 Housing Targets by Neighbourhoods Housing Units Urban Area Residential Areas Central Areas I ntensifi- Total Neighbourhoods cation Low Medium High Medium High Courtice N9 Penfound 150 50 0 0 0 10 210 N11 Bayview 975 - - 250 50 0 0 50 1325 .. .. ... .. tIlIIiIIi 10.3.5.6 The location and distribution of housing targets is subject to the following provisions: 10,3.5.7 .. a) the approximate location of medium and high density residential areas is indicated by the symbols IIMII and IIHII respectively on Map 10-2; .. b) the allocation of housing units within each medium and high density residential areas will generally be based on an equal share of the total units in each density category indicated on Table 10-2; and - c) intensification housing units encompass all density types and include apartments-in-houses and garden suites. .. ... Medium and high density residential development will be reviewed on the basis of the following site development criteria: .. a) the site is suitable in terms of size and shape to accommodate the proposed density and building form; "'" b) the proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing, and the location of parking and amenity areas; .. c) adequate on-site parking, lighting, landscaping and amenity areas are provided; .. d) the impact of traffic on local streets is minimized; .. 7 III .. - - July 19, 1996 - - - - 10,3,5,8 - 10.3.5.9 - - - - 10,3,5.10 - - .. 10.3.5.11 - - - , 0.3.5.12 - - e) townhouses sited on blocks shall generally not exceed 50 units; f) street townhouses shall generally not comprise more than 6 attached units; and g) street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. A minimum of 30 % of all new residential units shall be affordable housing as defined by ProvinQi.fl1 affordability criteria, Where feasible, housing opportunities which are affordable to low income households will be provided. One apartment-in-house is permitted in a detached or semi-detached house in urban residential areas subject to the following: a) one parking space per apartment; b) structural suitability of building to accommodate alterations for an additional unit; and c) compliance with building and fire regulations and other municipal regulations, including registration. Two heritage houses have been identified and indicated on Map 1110-211, It is the intent of Council to ensure the conservation of these structures and the appropriate integration of adjacent residences. Council may require the preparation of elevations, axonometric drawings or require site plan control for adjacent lands to review the context, scale and design of proposed development adjacent to these houses, Future Urban Residential Areas are those lands not required for residential purposes within the time frame of the Clarington Official Plan. Detailed land uses have not been determined. At such time that additional residential lands are determined to be required as part of a comprehensive review of the Official Plan, appropriate planning studies shall be undertaken and this Plan shall be amended to incorporate detailed land uses, population allocations and neighbourhood boundaries. The lands designated Future Urban Residential Area shall only be used for 8 ... July 19, 1996 .. 10.3.6. 10.3.6,1 10,3.6,2 10,3,6,3 agricultural purposes. However, Council may consider other interim uses provided that such uses: .. . are not capital intensive ... . do not require municipal seNices .. . do not adversely impact any natural features . do not jeopardize the orderly future development of the lands for urban uses. III .. NEIGHBOURHOOD COMMERCIAL A Neighbourhood Commercial Area is identified on Map 10-2. This area shall be developed to provide items or seNices of daily necessity for the residents of the surrounding neighbourhoods and may include community and residential uses. A variety of building forms may be built including a small plaza, free- standing stores and offices, and street-related mixed use buildings. .. .. .. The maximum amount of gross leasable floor area for retail and personal seNice uses shall not exceed 1,000 square metres. .. In the review of development applications, the urban design principles for Residential Neighbourhoods and the following site development criteria shall be implemented: ... a) b) a floor space index for retail uses on any site not exceeding 0.30; .. a maximum combined floor space index of 0.50 where there are second storey residential uses; .., c) a maximum of 300 square metres of gross leasable floor area for any individual store; .. d) the provision of direct pedestrian street access to some stores in each development; .. e) land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and .. 9 ... .. - - July 19, 1996 - - - - - - 10.3.7. - 10.3.7.1 .. 10.3,7.2 .. .. 10.3,7,3 .. .. 10.3.7.4 .. .. - - - landscape treatment; f) g) high quality landscape treatment shall be provided; building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; h) refuse collection areas will be internal to buildings; i) loading areas aD9 refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or the rear of the building; and j) no open storage is permitted; SCHOOLS Future school sites identified on Map 10-2, are intended to be approximate, The actual location and type of school may vary with the consent of both School Boards and without amendment to this Plan. The minimum site area for future elementary schools should be approximately 2,5 hectares, Where an elementary school site is located adjacent to a neighbourhood or community park, the site area may be reduced subject to the approval of the respective school board. The minimum site area for the future secondary school site should be approximately 6 hectares. Where a secondary school site is located adjacent to a community park, the site area may be reduced subject to the approval of the respective school board, Schools will be sited and designed to provide a visual and functional focus for neighbourhood activity. Schools shall be sited in consideration of the following: a) elementary schools generally located on collector roads and secondary schools generally located on arterial roads but in no case will a school have frontage on or access to a Type A arterial road; b) safe pedestrian and bicycle routes for students which minimize the need for school crossing guards; and 10 .. July 19, 1996 .. 10.3.8 10.3,8,1 10,3,8.2 10.3.8.3 c) the provision of a minimum of 25% of the site perimeter as street frontage, wherever possible. ... ... PARKS The predominant use of lands within the parks system shall be for active and passive recreational and conservation uses. Buildings and structures accessory to the permitted uses are also permitted. .. .. The following policies gRPly to the provision of parkland in the Secondary Planning Area: ... a) the park system will connect with the Open Space System wherever possible utilizing trails, bicycle paths, walkways, sidewalks, and utility corridors and/or open space corridors; .. b) where active recreational facilities are adjacent to residential areas, consideration should be given to alleviating adverse noise, visual and lighting impacts including the location and buffering of buildings and parking facilities; .. ... c) parks will be located as central as possible to the areas which they serve; ... d) physical means of access shall be provided on two sides of all municipal parks; .... e) street frontage shall generally not be less than 25% of the park perimeter; and .. f) the development of parks will be considered in association with school sites in order to facilitate the joint use of athletic and outdoor education facilities. "'" The park functions and facilities required for the Secondary Planning Area are as follows: ... . Neighbourhood Parks designated on Map 10-2 shall serve the active and passive recreational needs of surrounding residents. Neighbourhood Parks shall be provided at 0.8 hectares per 1,000 persons of a size between 1 to 3 hectares depending on the .. .. 11 .. .. - - July 19, 1996 - - - - - - 10.3.9 .. 10,3,9.1 - - 10.3,9,2 - 10.3,9.3 - - - 10.3.9.4 - - - - potential for shared school facilities. . Parkettes designated on Map 10-2 are required wherever the Municipality deems it necessary to augment or adjust the park requirements of any neighbourhood, . Community Parks are intended to serve the recreation needs of a series of neighbourhoods, providing outdoor and indoor recreation facilities. They shall serve a population of 15,000 to 25,000 persons. These parks shall have a size of between 8 to 12 hectares, be connected to th.e.. trail system and shall be provided at a standard of 0.6 hectares per 1,000 persons of population. A Community Park is not located within the Secondary Planning Area but will be served by a new Community Park in the vicinity as indicated in the Clarington Official Plan. ENVIRONMENTAL PROTECTION AREAS Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity, No development shall be permitted in Environmental Protection Areas, except passive recreation and uses related to erosion control and storm water management. Where the Environmental Protection Area designation corresponds to a stream valley it includes a development setback adjacent to the defined top-of-bank or a 15 metre setback for warm water streams, whichever is greater. The development setback shall be based on a stable slope and the sensitivity of the stream valley, and shall be determined in consultation with the Conservation Authority and the Province. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivisions or consents, lot lines shall not extend beyond the established setback. The extent of the Environmental Protection Areas designated on Map 10-2 is approximate only. The precise limits of these areas shall be detailed through the review of development applications and/or in consultation with the Conservation Authority. 12 10.3.9.5 10,3,9.6 10,3.9.7 10.3.9.8 10.3.10 10.3.10.1 .. July 19, 1996 ... As a condition of development, development proponents shall enhance the natural state of the Robinson Creek by revegetating adjacent lands. Revegetation would include planting of trees and shrubs in consideration of enhancing fisheries and wildlife habitat potential. ... ... The alteration to the natural state of watercourses and creeks is discouraged, However, any proposal to alter a section of a watercourse must maintain or improve its ecological state, and incorporate natural channel design features to the satisfaction of the Conservation Authority and the Municipality of Clarington. In addition, a greater width for the Environmental ProtectlQn Area land may be required to accommodate natural channel design features, stable slopes, vegetation and buffer areas, .. ... .. Young woodlands occupy portions of the Robinson Creek tributary flood plain and adjacent lands. This unit is comprised of vigourous young hardwoods and softwoods of high scenic quality, and in good biological health with a relatively high adaptability to disturbances. This stand of young woodlands is protected within the Environmental Protection Area designation associated with the Robinson Creek tributary, ... - Consideration should be extended, wherever possible, towards preserving mature trees and woodlands which are outside of the Environmental Protection Area designation in order to fully derive benefits relating to microclimate, wildlife habitats, hydrology and scenic quality, In this regard, mitigation measures such as tree protection fencing, silt fence/sedimentation control, dust control, and protection of soil moisture regime shall be utilized during construction. ... .... ... URBAN DESIGN POLICIES ... Residential neighbourhoods shall be developed in accordance with the following urban design principles: ." ... a) Grid streets as the key element of the public realm providing a multiple use area for walking, cycling and motor vehicle use, Streets will be designed as high quality urban environments which encourage social interaction and provide multiple routes and connection to neighbourhood facilities. They will be utilized, wherever possible, to create view corridors and vistas of significant .. ..... 13 .. .. - - July 19, 1996 - - - - - - - - - - - - - - - - - natural areas and public buildings. Street patterns should be oriented to provide for maximum passive solar gain. b) Public buildings and spaces, including schools, parks and places of worship, will be located on prominent sites with significant street frontage. Public buildings will be oriented to the street incorporating massing, detailing and entrance features that reinforce its importance as a neighbourhood facility. Public buildings and spaces will generally be centrally located to minimize walking distances and will be designed to be accessible to the physically handicapped. c) Houses should be sited with a consistent setback to provide a human scale to the street. House designs should incorporate features such as prominent entrances and front porches to encourage social interaction and allow for views along the street. Garages should be sited so that they are not the dominant feature of the streetscape or the house. Higher density housing will be strategically located near arterial and collector roads to create a transit supportive development pattern. d) Natural features will be a key design consideration to ensure the protection of watercourses, valleylands, significant woodlots and wetlands and their ecological functions. Residential neighbourhoods will minimize grade changes, preserve mature trees and enhance open space linkages. Opportunities to provide views of natural features and the waterfront should be incorporated, wherever possible. e) Cultural heritage features will provide context for new development. Heritage buildings will be incorporated in a sensitive manner. f) Public safety and security will be considered in all new development, including opportunities for visibility of public spaces in the design and siting of buildings, adequate lighting, multiple walking routes and opportunities to control potential speeding of motor vehicles. g) Development along arterial roads will be designed to provide a high quality urban environment with views of housing, street trees and landscape elements. Reverse lotting and acoustical fencing is 14 July 19, 1996 generally not permitted. 10.3.11 TRANSPORTATION General Policies 10,3,11,1 The road network will be based on a grid system which reinforces and complements the land use patterns of this Plan. The location of new arterial roads and new collector roads are approximate. The exact alignment shall be determined either through municipal studies or the consideration of development applications. . 10.3.11.2 The Municipality, in conjunction with the Regional Municipality of Durham, will endeavour where feasible, to reserve or obtain the necessary rights-of- ways indicated in this Plan. Privately owned land required to meet the desired right-of-way widths shall be acquired by the Municipality through dedication as a condition of subdivision, condominium, land severance or site plan approval. 10.3.11.3 Roads in the Municipality shall be classified and maintained on the basis of their function and design as arterial roads, collector roads and local roads. The right-of-way width for a public road shall allow for the placement of utilities, municipal services, cycling lanes, sidewalks and landscaped boulevards where required. 10,3.11.4 Construction of any part of the transportation system shall be in accordance with the ability of the authority having jurisdiction to finance such infrastructure, In addition, road construction shall meet the overall growth management policies of this Plan and shall be in accordance with the Municipality's Capital Works Program and Development Charges Policies. 10,3,11.5 Deviations to standard design criteria for roads under the jurisdiction of the Municipality may be permitted to accommodate alternative design standards approved by the Municipality. Arterial Roads 10.3.11.6 Arterial roads are under the jurisdiction of the Region of Durham or the ... .. .. .. .. .. .. .. .. - .. .. - - - .. ... 15 .. .. - - July 19, 1996 - - - - - - - - - 10.3.11.7 - - - - - 10.3.11.8 - - - Municipality. The arterial roads shown on Map B are classified as follows: . Type A Arterial Roads are designed to efficiently move large volumes of traffic at moderate to high speeds over relatively long distances. Such roads provide the highest level of service and vehicle operating speeds relative to other types of arterial roads and generally extend beyond the Municipal boundaries. Type A arterial roads shall have a right-of-way width ranging from 36 to 50 metres. The desired operating speed is 70 km/hr in urban areas and 80 km/hr in rural areas. . Type B Arterial Roads are designed to move significant volumes of traffic at moderate speeds from one part of the municipality to another. Such roads provide a moderate level of service and vehicle operating speeds relative to other types of arterial roads and may extend beyond the Municipal boundaries. Type B arterial roads shall have a right-of-way width ranging from 30 to 36 metres, The desired operating speed is 60 km/hr in urban areas and 80 km/hr in rural areas, . Type C Arterial Roads are designed to move lower volumes of traffic at slower speeds over relatively short distances, They shall have a right-of-way width ranging from 26 to 30 metres, The desired operating speed is 50 km/hr, Arterial roads shall be designed in accordance with the requirements of the Durham Regional Official Plan and the following principles: a) provide full continuous movements; b) limit private access in accordance with Section 10.3.11,8; c) provide for public transit vehicles and transit stops; d) provide sidewalks on both sides; and e) provide for cycling where possible. Private access to arterial roads shall be permitted in accordance with Table 10-3 subject to the approval of the authority having jurisdiction. 16 .. July 19, 1996 ... Table 10-3 Arterial Road Access Standards TYPE A One access every 200 metres of road TYPE B One access every 80 metres of road TYPE C In Central Areas, commercial areas and Employment Areas, one access every 30 metres. -- In Residential Areas, access is generally discouraged except for apartment! townhouse blocks 10.3.11.9 New Bloor Street It is the policy of this Plan that Bloor Street will be realigned and constructed as New Bloor Street shown on Map 1 0-2 from Bruntsfield Road east to intersect with Prestonvale Road and shall be classified as a Type A Arterial Road. The roadway of New Bloor Street will be widened when considered necessary by Council from Bruntsfield Road west to intersect with Townline Road. The widening and construction of New Bloor Street shall be staged as determined to be appropriate by Council. Intersection improvement will be undertaken for those intersections shown on Map 10-2. The Municipality will request the Regional Municipality of Durham to reconstruct the intersections of new Bloor Street with Townline Road and Prestonvale Road when reconstruction is considered necessary by the Region. It is the intent of this Plan that the Region will assume New Bloor Street as a Regional Road when it has been widened and constructed from Townline Road to Prestonvale Road, 10.3,11.10 Old Bloor Street .. .. .. .. ... .. .. .. .. .. .. I11II1I .. .. It is the policy of Council to request the Regional Municipality of Durham to transfer Old Bloor Street shown on Map 10-2 to the Municipality when ... New Bloor Street is assumed by the Region. However, subject to 17 .. .. .. - July 19, 1996 - construction of New Bloor Street in its entirety, including the reconstruction of the intersections at Townline Road and Prestonvale Road, Old Bloor Street shall be reconstructed to a Local Road standard, provided that the road authority may permit reconstruction to be undertaken in stages. It is the policy of the Municipality not to permit development of lands abutting and fronting onto Old Bloor Street until Old Bloor Street has been reconstructed to a Local Road standard, and for that purpose will enact a Holding Zone By-law applicable to such lands. - .. - Collector Roads - 10,3.11.11 Collector roads are under the jurisdiction of the Municipality and are designed to move moderate volumes of traffic over short distances within a particular area of the Municipality, The primary function of a collector road is to collect and distribute traffic among local roads, collector roads, arterial roads and major traffic generators. - - 10.3.11.12 Collector roads shall be designed in accordance with the following principles: - a) provide reasonably continuous movements; b) minimize the number of private accesses; - c) incorporate methods to prevent speeding without compromising continuous movement; - d) provide sidewalks on both sides; - e) provide for public transit vehicles and transit stops; - f) provide for cycling where possible; and g) have a right-of-way width between 23 and 26 metres. - Local Roads - 10.3.11.13 Local roads are generally not shown on Map 10-2 except for reference purposes. The function of such roads is to carry lower volumes of traffic and to facilitate access to individual properties, - 18 - - ... July 19, 1996 ... 10,3,11.14 Local roads shall be designed according to the following principles: a) b) .. designed on the basis of a grid street system and may be modified only where there are physical constraints; ... direct connection to Type Band C arterial roads may be permitted provided such intersections do not affect the operating conditions of the arterial road; ... c) cul-de-sacs are generally not permitted; .. d) sidewalks on both sides of local roads are encouraged where warranted; and .. e) the right-of-way width shall generally be 20 metres. ... 10,3.11.15 In order to plan for and encourage walking and cycling, the Municipality will: .. a) consider the provision of safe and convenient cycling and walking routes in the review of all new development and redevelopment applications; .. b) investigate and provide for bicycles wherever possible in the construction or reconstruction of roads; .. c) encourage and support measures which will provide for barrier-free design of pedestrian facilities; and .. d) require the provision of bicycle stands as a condition of approval of site plan applications. ... .. .. WIllI - 19 .. .. - - July 19, 1996 10.3.12 - 10.3.12.1 - - 10.3.12.2 - - - - - - 10.3.12,3 - - 10.3.12.4 - - - - - - STORM WATER MANAGEMENT Storm water management measures must be incorporated to mitigate the impacts of development on water quality and quantity, consistent with the Robinson Creek Master Drainage Study. Any development application for a plan of subdivision or site plan shall be accompanied by a storm water implementation report. The report will indicate how the approved master drainage plan will be implemented on the site of the proposed development in accordance with Best Management Practices_~nd will address the following: . pre-development and post-development discharge . groundwater infiltration and baseflow maintenance . storm water management facilities required . erosion and sedimentation controls . proposals for mitigating any water pollution . site grading. Storm water management facilities may be located in any land use designation but generally shall not be permitted on lands designated Environmental Protection Area. However, the storm water pond to service the South-West Courtice lands is indicated on Map 10-2. The exact location shall be approved by the Municipality in consultation with the Province and the Conservation Authority. The design of storm water management facilities, including ponds and channels, shall ensure: . appropriate access for maintenance purposes . adequate setbacks from adjacent property lines . no threat to public safety . high quality landscaping including, where possible, enhancement of 20 July 19, 1996 natural features and the use of natural designs . possibility for habitat enhancement . opportunities for passive recreation. 10.3.13 GROWTH MANAGEMENT AND PHASING 10,3,13,1 In considering an application for approval and phasing of residential development in urban areas, including draft plans of subdivision, the Municipality shall seek_t.9 ensure: a) the sequential development of neighbourhoods and the prevention of Ileap-frogging" of vacant lands; b) c) development in or adjacent to Main or Sub-Central Areas; the economical use and extension of all infrastructure and services; and d) increased density for new neighbourhoods having regard for proposed measures to integrate existing residential areas with such neighbourhoods. 10.3.13.2 In the approval of a draft plan of subdivision, the Municipality will recommend appropriate conditions to implement the policies of Section 10,3.13.1. In addition, final approval for registration of any plan of subdivision, in whole or in part, shall be in accordance within the phasing plan required under Section 10.3.13.3. 10.3.13.3 A phasing plan shall be prepared by the applicant for approval of plans of subdivision of the lands to which this Plan applies. It shall be submitted to the Municipality for its consideration and, if appropriate, its approval with or without amendments to it being made. The phasing plan shall establish phases of development of the lands and shall provide for the staging of construction of public infrastructure and services in relation to phases of development. The phasing plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting amendments to the Zoning By- law and in recommending plans of subdivision for approval. 10.3.13.4 The Municipality may request proponents of major residential development IIIIIl - ... - ... ... ... ... ... ... - - ... ... ... ... .. 21 .. .. - - July 19, 1996 - - 10.3.13,5 - - - - - - - - 10.3.14 - to submit a Financial Impact Analysis in accordance with the terms of reference to be determined by the Municipality. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of this Plan. Council may declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following circumstances apply: a) the plan does not implement the principles contained in Section 10.3.13.1 ; b) the municipal wide non-residential assessment is less than 15 percent of total assessment; c) the capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time; or d) Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of services for those residents who would be accommodated in the proposed plan of subdivision as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. IMPLEMENTATION Plans of Subdivision - 10.3.14.1 The Municipality, through the subdivision and/or condominium plan approval process, will ensure that the policies of the Plan are complied with and that a high standard of design is maintained. - 10,3,14.2. In the evaluation of a subdivision proposal, Council shall require all applicable policies of this Plan to be complied with and shall impose conditions of approval, require financial guarantees and a development agreement to include, but not necessarily be limited to, the following matters: - - - - a) removal and stockpiling of top soil; 22 - July 19, 1996 .. 10.3,14.3 10.3.14.4 10,3,14.5 10.3,14.6 10.3.15 b) preservation of trees in accordance with an approved tree preservation plan; .. c) d) preservation and/or relocation of heritage buildings; .. proper construction management methods, particularly with respect to storm water run-off, recycling of construction refuse, dust and debris control; and ... e) routing of construction traffic, ... Where the development of a subdivision is being phased, the Municipality will generally require not less than 75% completion of building construction of a phase before the issuance of building permits for the subsequent phase. -, - Capital Works and Development Charges The lands within. this Secondary Planning Area will be developed in accordance with the Growth Management policies contained in Section 10.3.13 of this Plan. All development shall be consistent with the Municipality's objective of providing municipal services in a cost-effective manner that shall ensure that development is not approved or developed prematurely so as to jeopardize the Municipality's financial ability to provide the capital works and services. ... ... ... Where a development proposal is contemplated to be serviced within the 10 year capital works and services program for development charge purposes, it does not necessarily mean the Municipality shall provide the said services or works to facilitate any development. ... .. Notwithstanding Section 10.3.13.5(c), the Municipality may consider the provision of capital works and services by the proponents of development where such works are not in the 10 year capital works forecast provided that: ... ... a) it does not affect the development charge quantum; and b) it is permissable under the Development Charges Act. .. INTERPRETATION .. 23 ... ... - - July 19, 1996 10.3.15.1 - - - 10.3.15.2 - 10.3.15,3 - - - 10,3.15.4 - - 10.3,15.5 - - 10.3,15.6 - 10.3.15.7 - - - - - All Maps must be read in conjunction with the applicable policies of the text. All policies must be considered together to determine conformity. Individual policies shall not be read or interpreted in isolation. Unless otherwise specified, deviation from the provisions of the text and Maps will require an amendment to this Plan. Where examples of permitted uses are listed under any specific land use designation, they are intended to provide examples of possible uses. Other similar uses may be permitted provided they conform to the intent and all applicable provisions of this Plan. Where the boundaries of various land use designations as shown on Map 10-2 coincide with physical features such as creeks, rail lines, roads and utility lines, or instruments such as lot and concession lines or property limits, these boundaries are meant to be exact. In the absence of any of the above, minor deviations to the boundary may be permitted without amendment provided such deviations do not alter the intent of this Plan. Figures, measurements, and quantities contained in this Plan are meant to be approximate except unless otherwise specified, A flexible interpretation shall not be allowed for the purpose of convenience but may only be considered if warranted on valid planning grounds, However any deviation shall be minor and in no case, shall exceed 10%. The indication of roads, parks, schools and other services shall not be interpreted as being a commitment by the Municipality to provide such services at the planned location by a certain point in time, They are subject to detailed design and capital budget approval by Councilor the School Boards on an annual basis. Except as otherwise provided in this Secondary Plan, the provisions of the former Town of Newcastle Official Plan shall continue to apply to the lands to which this Secondary Plan applies, The definitions of terms contained in this Plan are as follows: Accessory Use - The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot. Affordable Housing - Housing with market price or rent that is affordable to households of low or moderate income, which are households within the 24 July 19, 1996 lowest 60% of the income distribution for the housing market area, as determined by the Provincial Government. Affordable in this context means annual housing costs do not exceed 30% of gross annual household income. Amenity Area - An interior area within a building or an outdoor area exterior to a building which is designed and intended primarily for the leisure and recreation of the occupants. Apartment-in-House - A self-contained second dwelling unit within a permitted residential d~~lIing created through converting part of or adding on to an existing dwelling unit. Buffer - An area intended to minimize potential conflict between land uses, .... ... ... ... "", .. .. Conservation - The management of resources in a way to maintain, "", restore, enhance and protect their quality and quantity for sustained benefit to people and the natural environment. Development - Means anyone of the following events: . The construction, erection, or placing of a building or structure; . The addition to or alteration of a building or structure; . The change in use or the increase in intensity of use of any building, structure, or premises; . Activities such as site-grading, excavation, removal of topsoil or peat, or the placing or dumping of fill; or drainage works, except for the maintenance of existing municipal and agricultural drains; and . The creation of a new lot and/or increase in the number of permitted units on a lot. Development Charges - Refers to charges levied by the Municipality under the authority of the Development Charges Act on 'development' as defined under the Act and the Municipality's by-law. Ecological Functions - in regards to natural features and functions, means the natural processes, products or services that plant and animal species .. .. .. .. .. .. .. .. .. 25 ., .. - - July 19, 1996 - and the non-living environment provide or perform that are necessary to the maintenance of the integrity of ecosystems. - Ecosystem - Means systems of plants, animals, and humans together with the non-living components of their environment and related ecological processes. - - Environment - Refers to both the natural and man-made environments, which include air, soil, water, plant and animal life, social and cultural conditions, buildings or structures, or any combination thereof. - Flood Plain - The area of land adjacent to a watercourse that may be subject to flooding. - Floor Space Index (FSI) - The ratio of the total floor area of a building or buildings excluding enclosed parking areas, loading facilities and garbage rooms to the area of the lot on which the building or buildings are located. For example, a floor space index (FSI) of 2.0 would indicate that the total floor area of a building could be up to two times the area of the lot on which it is located. Floor space indices are meant to be exact. - - Garden Suite - A self-contained, portable dwelling unit located in a side or rear yard of an existing residential property, designed to provide temporary residential accommodation for the care of an elderly, sicker disabled person. - .. Gross Leasable Floor Area - Means the total floor area, measured from exterior walls, excluding areas for mechanical services, public common areas, interior pedestrian walkways, enclosed parking areas and areas associated with institutional and residential uses. - - Habitat - Means areas of the natural environment upon which animal or aquatic wildlife, and plants depend for survival as self-sustaining populations, including land and water needed for protection, breeding, or food supply. - - Home-based Occupation - Use of a residential property or farm for the purpose of conducting businesses including professional offices, personal services, instructional services, homecraft business, private day care, bed - 26 - - July 19, 1996 and breakfast, trades business excluding manufacturing and retail, repair services excluding small engines and vehicles. Infrastructure - The combination of public works and facilities including roads, transit terminals, municipal water and sewage systems, storm water systems, schools, hospitals, libraries, parks, community and recreation centres, and any other public projects. Intensification - The creation of new residential units or accommodation in existing buildings or on previously developed and/or serviced land, generally including: ..., - - ." .." .." . creation of rooming, boarding, and lodging houses .." . creation of apartments-in-houses and garden suites .." . conversion of non-residential structures to residential use . infill development on lots created through consent or plan of - subdivision within the built-up portion of the urban area . redevelopment "", but does not include draft approved lots or vacant lots in registered plans of subdivision within developing greenfield areas. Massing - The overall bulk, size, physical volume, or magnitude of a building or structure. Mixed Use - A development comprised of a mix of land uses either in the same building or in separate buildings. The mix of land uses may include commercial, industrial, and/or institutional uses but must include residential dwellings. Net Density - The overall density of a site excluding public roads and widenings, public parks, non-developable land, school sites and similar public land areas. Personal Service Uses - Uses such as hair salons, dry cleaners, shoe repair, tailors, laundromats, travel agencies, photographers, veterinary clinics, fitness and health clubs, medical and dental offices, legal and real estate offices, financial and insurance offices, appliance repair shops and - .., .... .. - .. .. 27 .. .. .. - July 19, 1996 - personnel agencies. - Redevelopment - Development of land where demolition or conversion of the existing structure is to take place, or has taken place. - Regulatory Flood - The standard used to define the flood plain limits for regulatory purposes based on Hurricane Hazel, a one hundred year flood, or subject to the approval of the Minister of Natural Resources, an observed flood event. - ... Retail Uses - Uses where goods or merchandise is sold including convenience items, general merchandise, apparel, hardware, home furnishings, specialty retail, automotive products, home improvement products, liquor and beer and includes eating establishments and department stores. ... - Significant - In regard to natural features and functions, ecologically important to the natural environment in terms of the amount, content, representation, or effect, thereby contributing to the quality and integrity of an identifiable ecological region or natural heritage system. Significance is based on criteria and guidelines established by the province or on comparable municipal evaluations. - - Stable Slope - means the angle a slope would achieve when erosion or human activities are absent. - Streetscape - The visual appearance of a street formed by the location of physical features such as roads, buildings, walkways and landscaping. - Valleyland - Lands within a depression along either side of a watercourse as determined from top-of-bank plus any applicable buffers as required for slope stability. - - - Wildlife Habitat - means areas of the natural environment where plants, animals, and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concerns may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are - 28 - - WIllI July 19, 1996 .. important to migratory and non-migratory species. .. ii) Amend 'Schedule 6-1 - Courtice Secondary Plan' as indicated in Exhibit 'A' to this Amendment. ... iii) Amend 'Schedule 6-2 - Environmental Sensitivity' as indicated in Exhibit '8' to this Amendment. .... iv) Amend 'Schedule 6-4 - Transportation Network' as indicated in Exhibit 'C' to this Amendment. .. v) Add 'Schedule 10-2 --[and Use: South-West Courtice Neighbourhood Secondary Plan' as indicated on Exhibit 'D' to this Amendment. ... .. ." - ... .. .... .. .. .. ... 29 .. filii - EXHIBIT "A" TO AMENDMENT #59 ... TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE - INDICATE TOWNLlNE ROAD EXTENSION - - - - - - - - - - - - - - - EXTEND URBAN AREA BOUNDARY - ADJUST ALIGNMENT OF COLLECTOR ROADS ADD II NEW II BLOOR STREET DESIGNATE AS II LANDS SUBJECT TO SECONDARY PLAN II SCHEDULE 6-1 LAND USE - COURT ICE ~@~~~~ RESIDENTIAL ~ 9c..~ HAZARD LAND ~. MAJOR OPEN SPACE ~ WITH HAZARD LAND ~ LANDS SUBJECT TO ~ SECONDARY PLAN @ PUBLIC ELEMENTARY SCHOOL @ SEPARATE ELEMENTARY SCHOOL ~ PUBLIC SECONDARY SCHOOL @ NEIGHOURHOOD PARK @ COMMUNITY PARK TRANSPORTATION NETWORK -. _ NEIGHBOURHOOD BOUNDARY ,--- URBAN AREA BOUNDARY ... EXHIBIT "B" TO AMENDMENT +59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE .. ... ... - '/. .~: '",. ( . . , q- I .I . . I : '- ~ ' ... ... .' .,.. :..J:', -" ... , 1 W ..J ~ ~ o .... en w f '''y-- ). .,. ,I i .\~ +._~ \ . .. o <t o 0:: l&J Z ..J Z ~ g SL : I. .. T' - < .t en ..J ..J . :) f-' . . 0::' ~ l 1-.; .. _Of:... ~f . I _.. '':' .. .. , 1" .. ADJUST ALIGNMENT OF BLOOR STREET .. .. EXTEND URBAN AREA BOUNDARY - - Urban Area S\lUndary ~ Major Open Space ft!iI1 System And Environmentally Sensitive Areas I11III I11III l~. ~EnVironmentallY <... Sensitive Areas IlIIiiI .... Soil Contamination ...... Assessment Area ... llIII - EXHIBIT "C" TO AMeNDMENT #59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE - - - :r: .... ;:) s: ... o <t o a: . i HIGHWAY N~ 2 . . . . . . - - w z :J z ~ o .... - ADJUST ALIGNMENT OF COLLECTOR ROADS - - ... REDESIGNATE FROM COLLECTOR ROADTO TYPE B ARTERIAL DESIGNATE AS LOCAL ROAD - ADD TYPE C ARTERIAL ... - -- -..... / I I \ \ ADD TYPE C ARTERIAL - / - -'" ADD COLLECTOR ROADS - - EXTEND URBAN AREA BOUNDARY -- URBAN AREA BOUNDARY TYPE A ARTERIAL ROAD TYPE B ARTERIAL ROAD -___ TYPE C ARTERIAL ROAD COLLECTOR ROAD - ........ LOCAL ROAD - EXHIBIT "D" TO AMENDMENT No. 59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE o ll: GRAND VIEW DRIVE ~ ~ -./ ~ ~ o I- SOUmGA TE DRIVE BASELINE ROAD , ARTERIAL ROADS T'f1>E A ARTERIAL ROADS TYPE B - - - ARTERIAL ROADS T'f1>E C --------- CCJU.E:CTOR ROADS .... LOCAL ROAD ACCESS /--', ~ I INTERSECllON IMPROVEMENT '-" . ............. PEOESlRIAN AND BICYCLE ROUlES ~(gIXl~[Q)[!JJ[L~ 'j] (g},~ IL&lNl[Q) (!JJ~~ SOUTH-WEST COURTICE SECONDARY PLAN .. .. .. .. IIIIl - ... IIIIl IIIIl ... IIIIl .. - .." .. ... .. .. .... - - SCHEDULE "5" - - - MODIFICATION TO MUNICIPALITY'S PROPOSED OFFICIAL PLAN .. - To be attached ... - ... ... .. .. - - ... - - - .. .. SCHEDULE "6" .. .. PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN - - .. To be completed - .. .. .. .. - - - .. lIlII .. lIlII ... - SCHEDULE "7" - ... DESCRIPTION OF COMMUNITY PARK SITE ... - l~ be completed - - ... - - ... - - - - - - - .. - SCHEDULE 11811 - - OPTION TO PURCHASE COMMUNITY PARK SITE - - To be completed - .. ... ... - .. ... .. - ... .. III IIIli - - SCHEDULE "9" - - DESCRIPTION OF FIRE STATION SITE ... - - To be completed ... - ... - - - - ... - - - - .. SCHEDULE 1110" .. ... - , ' OPTION TO PURCHASE FIRE STATION SITE ... ... To be completed ... .. ." - - NIl ... .. - ... .. III IllIII - . - SCHEDULE 111111 - ... AMENDMENT TO MUNICIPALITY'S REFERRAL REQUESTS - - - To be completed - ... - ... - - - ... - - - - I11III SCHEDULE "12-1" ... THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 96- ... being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. .. The Ontario Municipal board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: .. 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special - Exceptions 12.4.41 and 12.4.42 as follows:.._ "12.4.41 URBAN RESIDENTIAL TYPE ONE (Rl-41) ZONE - Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: ... a) Lot Frontage (minimum) i) Interior Lot 18.0 metres ... ii) Exterior Lot 21.3 metres b) Yard Requirements (minimum) - i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport ... 3.0 metres without attached private garage or carport ... iii) Exterior Side Yard 4.5 metres iv) Rear Yard - 7.5 metres c) Building Height (maximum) 10.5 metres" - "12.4.42 URBAN RESIDENTIAL TYPE ONE (Rl-42) ZONE ... Notwithstanding the provisions of Sections 12.1, those lands zoned Rl-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." .. .. .. - - - - ... - - - - - - .. - ... ... - - - - 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following,zone regulations: a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot 10.5 metres 13.8 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) I) Ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres c) Yard Requirements (minimum) i1 Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling .. ii) Interior Side Yard 1.2 metres with attached private garage or carport - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport ... iii) Exterior Side Yard 4.5 metres ... iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" - "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zoneregulations: ... a) Lot Area (minimum) 430 square metres .. b) Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 13.5 metres 16.8 metres c) Yard Requirements (minimum) "", i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport .." iii) Exterior Side Yard 4.5 metres .. iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" - 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE - Notwithstanding the provisions of Sections 2, 3.1 (a), (b) and (f), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone yorll ll-;)til""\ne' ... IIIIIIl IIIIIIl IIli - a) Definitions - ARTERIAL ROAD Shall mean an improved public street with a right-of-way width of 26 metres - or greater. LOCAL ROAD - Shall mean an improved public street with a right-of-way width of 20 metres or less. FRONT LOT LINE - For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage - on two arterial roads, the shorter lot line abutting the arterial road shall be deemed the front lot line. REAR LOT LINE - The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot line abutting the local road shall be deemed the rear lot line. - b) Regulations - i) Lot Area (minimum) 200 square metres ii) Lot frontage (minimum) - a) Interior Lot 6.0 metres b) Exterior Lot 10.5 metres iii) Yard Requirements ... a) Front Yard 4.5 metres b) Interior Side Yard 1.5 metres, nil where the - building has a common wall with any dwelling on an adjacent lot located in - the R3-17 zone c) Exterior Side Yard 4.5 metres - d) Rear Yard 18.0 metres iv) Building Height (maximum) 10.5 metres ... c) Special Building Regulations - Notwithstanding 3.1 (a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. - - - .. Notwithstanding 3.1 (b) and (f) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." - ... 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ... "Agricultural (A)" to "Urban Residential Type One (R1)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41 )" .. "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" .. "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" -- "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" .." "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" - "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" - "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H)R3-17)" "Agricultural (A)" to "Environmental Protection (EP)" .. .. 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. .." - Ontario Municipal Board ... ... .. .. III ... ... This is Schedule ccp:: to passed this day of By-law 96- t 1996 A.D. - LOT 35 OLD BLOOR STREET - - - - - - - - - - - / - r - COURTICE - r':':'::':':":':':":':'~ ZONING CHANGE FROM -:::::::::::::: "A" TO "(H)R2 1.... .............. t\ - ...J ~ ZONING CHANGE FROM ~ "A" TO "(H)R3" _ZONING CHANGE FROM "A" TO "(H)R3-1 r "'~'>'i-'~~; ZONING CHANGE FROM \.;(~it,i;" "A" TO "Er" _ ZONING TO REMAIN .. A" - ZONING CHANGE FROM "A" TO "R1" ~ ZONING CHANGE FROM ~ "A" TO "(H)R1-41" ~ ZONING CHANGE FROM ~ "A" TO "R1-42" r--l ZONING CHANGE FROM L-J "A" TO "(H)R2-11" m~~r:::-:.~t~::l ZONING CHANGE FROM :22222 "A" TO "(H)R2-12" - '" ~ ~ ~ ~ ~ Ontorio Municipal Board - .. SCHEDULE "12_2" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW NUMBER 96- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. .. The Ontario Municipal Board amends By-law 84-63, as amended of the Municipality of Clarington as follows: .. 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) .. ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE .. Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detached/link .. dwelling in accordance with the following zone regulations: a) Lot Frontage (minimum) .. i) Interior Lot 18.0 metres ii) Exterior Lot 21.3 metres b) Yard Requirements (minimum) .. i) Front Yard 6.0 metres to attached private garage or carport .. 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached - private garage or carport 3.0 metres without attached private garage or ... carport iii) Exterior Side Yard 4.5 metres .. iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" ... "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE .. Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." .. .. ... J .. - - ... - ... - - - - - - - - - - - - - - 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot 10.5 metres 13.8 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ... ii) Interior Side Yard 1.2 metres with attached private garage or carport .." 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - iii) Exterior Side Yard 4.5 metres - iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" .. "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE .. Notwithstanding the provisions of Sections,.:J3.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: ... a) b) Lot Area (minimum) 430 square metres Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 13.5 metres 16.8 metres .., c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side anad 1.2 metres on the other side without attached private garage or carport .., - iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres - d) Building Height (maximum) 10.5 metres" - 3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Agricultural (A)" to "Urban Residential Type One (R1)" .. "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)Rl-41 )" .. "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)Rl-42)" ... .. - ... - - - ... - - - - - - - - - - - - - "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11 )" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" "Agricultural (A)" to "Holding - Urban Residential Type Four ((H)R4)" "Agricultural (A)" to "Environmental Protection (EP)" 4. Schedule "A" attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. Ontario Municipal Board This is Schedule ccp:: to passed this day of By-law 96- , 1996 A.D. LOT 34 "-.-.-. -,---,---'-'-'---'-'-'-'- f OLD BLOOR STREET _ZONING CHANGE FROM "Pi TO "R1" ~ ZONING CHANGE FROM ~ "A" TO "(H)R1-41" ~ ZONING CHANGE FROM ~ "A" TO "R1-42" ZONING CHANGE FROM "A" TO "(H)R2-11" ZONING CHANGE FROM "A" TO "(H)R2-12" ZONING CHANGE FROM "A" TO "(H)R2 -13" ~ ZONING CHANGE FROM ~ "Pi TO "(H)R3" ~ ZONING CHANGE FROM ~ "A" TO "(H)R4" '!A.1l",i'i-;;;, ZONING CHANGE FROM Ft\"\i;;i..:'i "A" TO "EP" _ ZONING TO REMAIN "A" , .. .. LOT 33 ... ... ... ... " ..:,. .. ~ 0 "-. "'- 0 '-<.; ~ .. Q:- Q. ~ ~ ... ~ ~ ." ... J r .." ... COURTICE - - ... III IIIIIl Ontario Municipal Board ... .. SCHEDULE "12-3" ... THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 96- ... being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. - The Ontario Municipal board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: .. 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: - "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE -- Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- ... 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: a) Lot Frontage (minimum) ... i) Interior Lot 18.0 metres ii) Exterior Lot 21.3 metres - b) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached - private garage or carport 4.5 metres to dwelling ... ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres without - attached private garage or carport iii) Exterior Side Yard 4.5 metres .. iv) Rear Yard 7.5 metres - c) Building Height (maximum) 10.5 metres" "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE .. - Notwithstanding the provisions of Sections 12.1, those lands zoned R 1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law. II - - - .. 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: ... "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: .. a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) ... i) ii) Interior Lot Exterior Lot 10.5 metres 13.8 metres .. c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport .. 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport ... ... iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres - d) Building Height (maximum) 10.5 metres" WIll "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: .. a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) ... i) ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres c) ." Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport III 4.5 metres to dwelling III .. - ii) Interior Side Yard 1.2 metres with attached private garage or carport ... ... 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres - iv) Rear Yard 7.5 metres d) Building Height (maximum) 1 0.5 metres" ... "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall_o_nly be used for a single detached dwelling in accordance with the following zone regulations: - a) Lot Area (minimum) 430 square metres - b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot 13.5 metres 16.8 metres - c) Yard Requirements (minimum) ... i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - iii) Exterior Side Yard 4.5 metres ... iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" - "13.4.14 URBAN RESIDENTIAL TYPE TWO (R2-14) ZONE - Notwithstanding the provisions of Sections 2, 13.1 and 13.2, those lands zoned R2-14 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following definitions and zone regulations: - - - ... a) Definitions SINGLE CAR ATTACHED PRIVATE GARAGE .. Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of one motor vehicle as a parking space. - Incidental storage of household equipment is also permitted. DOUBLE CAR ATTACHED PRIVATE GARAGE .. Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of two motor vehicles as parking spaces. Incidental storage of household equipment is also permitted. - b) Regulations for dwellings with single car attached private garage: i) Lot Area (minimum) 300 square metres .. ii) Lot Frontage (minimum) a) Interior Lot 11.4 metres .. b) Exterior Lot 14.7 metres iii) Yard Requirements (minimum) - a) Front Yard 6.0 metres to attached private garage 4.5 metres to dwelling - b) Interior Side Yard 1.2 metres c) Exterior Side Yard 4.5 metres - d) Rear Yard 5.0 metres - iv) Building Height (maximum) 10.5 metres c) Regulations for dwellings with double car attached private garage: .. i) Lot Area (minimum) 380 square metres ii) Lot Frontage (minimum) ... a) Interior Lot 14.4 metres b) Exterior Lot 17.7 metres .. iii) Yard Requirements (minimum) a) Front Yard 6.0 metres to attached private garage .. 4.5 metres to dwelling b) Interior Side Yard 1.2 metres ... c) Exterior Side Yard 4.5 metres d) Rear Yard .. 5.0 metres iv) Building Height (maximum) 10.5 metres" .. ... - 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE - Notwithstanding the provisions of Sections 2, 3.1 (a), (b) and (t), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone regulations: .. a) Definitions - ARTERIAL ROAD Shall mean an improved public street with a right-of-way width of 26 metres or greater. - LOCAL ROAD - Shall mean an improved public street with a right-of-way width of 20 metres or less. FRONT LOT LINE - For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage on two arterial roads, the shorter lot line abutting the arterial road shall be deemed the front lot line. - REAR LOT LINE - The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot line abutting the local road shall be deemed the rear lot line. .. b) Regulations i) Lot Area (minimum) 200 square metres - ii) Lot frontage (minimum) a) Interior Lot 6.0 metres - b) Exterior Lot 10.5 metres iii) Yard Requirements ... a) Front Yard 4.5 metres b) Interior Side Yard 1.5 metres, nil where the - building has a common wall with any dwelling on an adjacent lot located in the R3-17 zone - c) Exterior Side Yard 4.5 metres d) Rear Yard 18.0 metres - iv) Building Height (maximum) 10.5 metres - - - .. c) Special Building Regulations Notwithstanding 3.1 (a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. - Notwithstanding 3.1 (b) and (f) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." ..i .. 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: .. "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41 )" ... "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" .. "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11 )" .. "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" "Agricultural (A)" to "Holding . Urban Residential Type Two - Special Exception ((H)R2-13)" .. "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-14)" wi "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" .. "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H)R3-17)" .. 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. - - Ontario Municipal Board .. .. .. IIlll ... - This is Schedule "1\' to passed this day of By-law 96- 1996 A.D. - ... - LOT 34 LOT 33 ... - - - ~ ~ ~ ~ ~ ~ - - - ... ... ~ ZONING CHANGE FROM ~ "A" TO "(H)R1-41. ~ ZONING CHANGE FROM ~ "I\' TO "R1-42" ZONING CHANGE FROM .A. TO "(H)R2-11. ZONING CHANGE FROM "A. TO "(H)R2-12" I':':':':':':':':'::":':':~ ZONING CHANGE FROM '0'::::::::::::: .... TO "(H)R2 1 TO ...................:..:..: M. - ~ l:m:m:::::1 ZONING CHANGE FROM 0"'''''0''' ..... TO "(H)R2 1 A. '''~N''''U'' 1"\ - ~ ~ ZONING CHANGE FROM ~ "A" TO "(H)R3" _ZONING CHANGE FROM "I\' TO "(H)R3-1 r _ ZONING TO REMAIN .. I\' t ... - COURTICE - - - Ontario Municipal Board - ATTACHMENT #6 MUNICIPAL COMMENT ON FINANCIAL IMPACT ANALYSIS: SOUTH-WEST COURTlCE PREPARED BY C.N. WATSON AND ASSOCIATES In Staff's opinion, the report in general presents a scenario prepared from the developer's standpoint and not the Municipality. Many of the assumptions and methodologies applied are not likely those that would be used by the Municipality in its approach to a financial impact analysis. The Municipality reviews the impact of development as a whole and makes recommendations based on the budget and mill rate implications for financing infrastructure and operations throughout the entire Municipality. C.N. Watson and Associates Ltd, in accordance with their mandate, prepared their report in consideratiOn only of potential impacts of this development alone. Consequently the two different approaches are not likely to produce identical results, however the Watson analysis conclusion that this development will produce an estimated annual surplus of $19,406 is not consistent with the historical pattern of cost, not surplus, attached to residential growth. In general Staff found the report to be deficient in that a number of important conclusions were stated without adequate factual support being provided. However, with the exception of a time related cash flow analysis, it was prepared on a comprehensive basis from the developer's standpoint. The following points are some of the concerns discussed with C.N. Watson, respecting the operating and capital analysis: Operating Budget Impact: . In general the expenditures are forecasted to decline or produce a reduced per capita cost within the growth period, and revenue projections are generally all projected to increase. This is not considered a reasonable assumption. . The numbers derived in the report from the Financial Information Return include consolidated values for "Recreation Affiliate" boards. Although they may not be materially significant, the values are not included in the municipal mill rate calculations and as such it is not appropriate to include them in the impact analysis. . The use of factors selected on the basis of the analyst's judgement without referring to factual support if any, to reduce expenditure per capita throughout the document is not reasonable (eg. Table 3-3 the use of 2/3 reduction of the per capita cost of a number of expenditure categories). . References are made to capital costs as a function of operating expenditures, which may not be reliable or consistent with historical relationships. - - .." .., .." .. .. .... - .. - .. ... .. .... - .. .. .. - - - - - - - - - - ... - - - - - - - - . References to maximum utilization of facilities etc. to achieve some economies of scale assumes that excess capacity exists in these facilities and expenditure categories that would be more efficiently utilized by the additional growth provided by this development. This may not be the case in many categories. . The operating costs for the Courtice Community Centre were not considered in the 1994 base used in the analysis, and as a result the reduction to the Parks and Recreation per capita expenditure is not considered reasonable. Capital Budget Impact: . The analysis of the capital costs on an area specific basis for this development alone may be suggesting moving toward an "area specific" development charge, which is not considered to be appropriate and is not consistent with the current Development Charges By-law and quantum calculation. . The recent change in subsidy application to the existing development charge for roads capital works may leave the current reserve funds with questionable capability to provide for the projects listed in the existing Development Charge capital program. Under the current development charge calculation, the subsidy is deducted from the cost of capital service. Therefore with any reduction in the subsidy available, that portion of the cost is transferred to either the development charge component or the tax base as appropriate. It is anticipated that, pending legal confirmation, any shortfall with be interim financed from existing reserve funds and recovered through the future development charge quantum. . There is a cost to the existing ratepayers for all development. Although the development charges are expected to cover a significant portion of the capital related works, the estimated cost on the tax base for the Roads Capital Works in this development may total approximately $470,000 over the growth period. This cost will be imposed as the phased in works are required and will form part of the normal tax levy support to capital, which is approximately $900,000 annually. . Municipal budgets must accommodate capital expenditure in all areas of the Municipality and must consider the most appropriate allocation of the tax dollars allocated to capital works. In addition to the above, there are a number of significant uncertainties which were commented on in the Watson report as not being specific to this development, but which are of concern to the Municipality in general. Some of these uncertainties include the following: . The potential changes to the Development Charge legislation, removing soft services from eligibility. . Provincial grant reduction impact on the general tax levy. . The GT A Golden Commission and panel recommendations on expenditure functions. Attachment No. 7 ~~~'= ~ it ~ ~::~~~~~ UL o o ... .." ... ... .. .. '~ III .. IIlIli 'r"" Z III 0 CJ) T CJ) J W .. 0 z 0 0 .." I I ~ LOT 33 ~~~~~ COMMUNITY PARK OPTION SITE (25 ACRES) ... ... ... ... ... III .. .. ... - - ATTACHMENT #8 PROPOSED MODIFICATION TO THE CLARINGTON OFFICIAL PLAN REGARDING SOUTH-WEST COURTICE COMMUNllY PARK - PURPOSE: To designate approximately 6.5 ha of new residential lands and to relocate the South-west Courtice Community Park. LOCATION: South-east corner of Bloor Street (Regional Road #22) and Prestonvale Road, being part Lot 33 and road allowance between part Lot 32 and 33, Concession 1, former Township of Darlington, now in the Courtice Urban Area. - - BASIS: - - This modification is based on a settlement of issues in dispute between 289143 Ontario Ltd. and the MOnicipality of Clarington with respect to private referrals to the Ontario Municipal Board (Application OPA 95-004/C) and the proponent's objections to the proposed Clarington Official Plan and the proponent's application to amend the Official Plan of the former Town of Newcastle (Application OPA 95-006/C) . ACTUAL MODIFICATIONS: i) Modify the housing targets for Bayview Neighbourhood shown on Table 9-2 by increasing the Low Density Residential target from '975' to '1150', the Medium Density Residential target from '250' to '300' and the High Density target from '50' to '125' so that the Table reads as follows: Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods Residential Areas Central Areas Intensifi- Total I I Medium T cation Low Medium High High I Courtice II II~ I ~I ml o I o I 50 I 1625 I NIl Ba)view ... - - - - - - - - - - ii) Add a new section 23.11.3 as follows: 1123.11.3 The Community Park site shown on Map A2 south of Bloor Street on the east side of Prestonvale Road shall endure for a period of 15 years from the date of approval of this policy of the Official Plan. If the site has not been acquired by the Municipality for community park purposes within this period, the site shall be deemed to be designated IIUrban Residentialll and may be developed in accordance with the policies for that designation. II Modify Map A2 ULand Use: Courtice Urban Areall as shown on Exhibit' A'. Modify Map E1 IINeighbourhood Planning Units: Courtice Urban Areall as shown on Exhibit 'B'. iii) iv) .. EXHIBIT "A" PROPOSED MODIFICATION TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN. MAP A2. LAND USE, COURTICE URBAN AREA .. I . I @ - - - '---I ,..,"...,----------- , ,_, _, -.:', """""'c~', " ',' \:- ")-;:'.,:.":"><\>;',:.:'~ . , ,.. IIIIIi - IIIIIi IIIlii .. II1II ItIII - - .. .@ .. b .. /' . i .. . , - r .. .. .. .. .. EXHIBIT It 8" PROPOSED MODIFICATION TO THE MUNICIPALITY OF CLARINGTON OmCIAL PLAN, MAP El, NEIGHBOURHOOD PLANNING UNITS, COURTlCE - \.~ ~ o < o a: 10 ~ a: - -- URBAN BOUNDARY N8GHBOURHOOO BOUNDARY (1000) POPULATION ( .) SEE SECTION 16.9 - - ---91 I 10 .. ~ a: I I~ 1< - :I: - ... .. III oJ oJ :J a: >- I ,~ ~ ::> 10 STREET U .. BLOOR - Ex"rENO.........SOLJNDARIES..........OF.......i........ "B,A.'fVI.EWi NEIGHSOURl-top[)7.. t~" 200 m 200 ~ 600 800 m .. ~ .. - - - [M}ffi\[pJ ~1I INJ~O@!fD[.Q)lVl ~[f{]OO[Q) [pJ[Lffi\INJINJOINl@ lVllNl~ g@~~~M~~~~~~ - OFFICIAL PLAN ~UNICIPALITY OF CLARINGTON LAKE ONJ;4RIO REFER TO SECTIONS 5 AND 9 - - .. ATTACHMENT #9 .. PROPOSED MODIF/CA TION TO THE CLARINGTON OFFICIAL PLAN REGARDING SCHOOL SITES IN SOUTH-WEST COURTICE .. PURPOSE: To relocate the proposed public elementary school in Penfound Neighbourhood and to delete one medium density residential symbol. LOCATION: North-west corner of Bloor Street (Regional Road #22) and Prestonvale Road, being part Lot 33 and 34, Concession 2, former Township of Darlington, now in the Courtice Urban Area. .. .. BASIS: The Northumberland Clarington Board of Education has approved in principle a campus cOjl_cept for a public secondary school and a public elementary school in Penfound Neighbourhood in the south-west portion of the Courtice Urban Area. .. ... ACTUAL MOD/FICA T/ONS: i) Modify the housing targets for Penfound Neighbourhood shown on Table 9-2 by increasing the Low Density Residential target from '1075' to '1100' and to decrease the Medium Density Residential target from '75' to '50' such that the Table reads as follows: ... - Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods Residential Areas Central Areas Inte~ifi- I Total I Medium I Medium I cation Low High High i Courtice I 1100 I 50 I o I o I I I N9 Penfound 0 75 1225 - .. .. .. ii) Modify Map A2 "Land Use: Courtice Urban Area" as shown on Exhibit 'A'. .. - .. .. III .. - EXHIBIT "A" PROPOSED MODIFICATION TO THE MUNICIPALllY OF CLARINGTON OFFICIAL PLAN. MAP A2. 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V - 1m nT~\ --- 7 ~ rl ::-cr L - -- JIID OJIID - I I- f-:= - ~}): I -I I t- = I -t=: t=r-== - r ::.J I I )-(---- = t-- r-t- ~ ~ I ~- 1~~8 1,1111111 (L__..J 1111 ~ '/\.Y\:/k-:...-- ~--- TII-j'RTttr II 7 lV~ TT 11 I~ a I ill I :1T IfWil&' III1IIII III '/ II, \ I L TI!II III ! 'rrv !:f ( i I I 2 I i I III .. .. ... III III ... III - ... ... .. ... I 1/ I I I I I ~ ~ I ~ BLOOR STREET "- 11\ I c - - -- ~- - - - ~ ... - I IL .. - FIRE STATION OPTION SITE ... III lIlIi REPORT Meeting: COUNCIL File # Date: JULY 29 1996 Res. # ADM. 24-96 By-Law # Report #: File #: Subject: ST. MARYS CEMENT - ENVIRONMENTAL UPDATE .. ... - .. - REPORT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE - Recommendations: It is respectfully recommended that Council approve the following: - - - .. - - - .. - - - - - 1. THAT staff be authorized to engage consultants to conduct an environmental impact study; 2. THAT the funds required be drawn from the Pits and Quarries Reserve, account #2900-18-X; 3. THAT the cost for the study be included in the final costs to be identified for cost sharing with St. Marys Cement; 4. THAT the recommendations resulting from the impact study be reported back to Council for direction; and 5. THAT St. Marys Cement be notified of the study, and be requested to share in the cost of the study. BACKGROUND: 1. Report Admin. 8-96 identified the process for responding to the Waterfront Regeneration Trust recommendations regarding St. Marys Cement property. As identified in that report, staff was to build on the environmental assessment comments and bring final recommendations to Council on these issues. 2. Staff, in order to prepare a comprehensive report to address the issues, have drafted a terms of reference for an environmental impact study to help identify issues and propose potential resolutions to the problems for Council to consider. 3. The Pits and Quarries Reserve account is recommended as the source of financing for the study which is estimated to be approximately $25,000 - $30,000. The balance in the Reserve is approximately $600,000. It is anticipated that the costs will ultimately be cost shared with St. Marys. 4. Staff propose to identify the firms capable of performing the study, and engage the appropriate firm. Due to the special nature of the work required, it is not considered appropriate to tender for these services. Respectf~~Af~~:ed~ W. H. StZ'Lt;J, c)(:)7, Chief Administrative Officer RECVCLED ~ PAP1ER P"'PER 't:!:,1 RECYCLE nus IS PRINTEOON~cYCl..EDPAf'[R - REPORT #3 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - REPORT - - Meeting: COUNCIL File # , " , Res. # Date: July 29 1996 By-law # Report #: ADDENDUM TO ADMIN. 14-95 File #: - - Subject: OLDER ADULT CENTRE AND HIGHWAY NO.2 URBANIZATION WORK - Recommendations: ... It is respectfully recommended that Council approve the following: - (1 ) THAT the references in the recommendations contained in Report #Admin. 14- 95 to the Older Adult Centre in the proposed Durham Region Housing Authority project on Temperance Street, Bowmanville, be amended to refer to the proposed Older Adult Centre within the Municipality of Clarington. - - (2) THAT the text of Section 6 of Report #Admin. 14-95 (attachment #1) be deleted and the payments now due under the Agreement of November 26, 1990 be required to be paid (attachment #2, $150,000 escalated to approximately $210,000). When this payment is received, $100,000 of it is recommended to be committed by Council to the cost of urbanization of Highway No.2. ... - (3) THAT Section 8.7(b) and (c) of Report #Admin. 14-95 be deleted and replaced with the following: - - n (b) provide in the amendment to the Aspen Springs Subdivision Agreement or if considered appropriate by myself in consultation with the Solicitor in a separate agreement with Martin Road Holdings Limited and West Bowmanville Developments Ltd. which is to be executed prior to the amendment to the Aspen Springs Subdivision Agreement referred to in (a), for the payment to the Municipality $1,500,000 in five (5) equal annual instalments of $300,000 each, the first and second instalments - - - .. REPORT NO. ADMIN-14-95 PAGE 2 .. .( (c) f ~ ( \, to be paid on April 24, 1997 together with interest calculated on the amount of $300,000 at the rate of 6% per annum prorated from and including April 24, 1996; .. .. require each of the instalment and interest payments referred to in (b) when paid to the Municipality to be deposited in the Hydro Reserve Fund Account. " ... ... 1 . INTRODUCTION ... 1.1 Council approved the recommendations contained in Report #Admin. 14-95 at its meeting on April 24, 1995. (Attachment #1) The recommendations included: .. . The deletion of the "C.P.R. Underpass Work" from the Aspen Springs Subdivision Agreement. ... . The acceptance of a financial contribution of $1.5 million from Martin Road Holdings Limited and West Bowmanville Developments Ltd. on the terms and conditions set out in the report. .. . The approval of the contribution of the Older Adult Centre at a cost of $1.3 million in conjunction with the then proposed Durham Region Non- Profit Housing Authority project on Temperance Street in Bowmanville. ... ... . The provision of interim funding of $1.3 million for the Older Adult Centre and $200,000 for urbanization work on a portion of Highway No. 2 in the Bowmanville East Main Central Area from the Hydro Reserve Account. .. . The commitment of $100,000 to be paid by Markborough Properties Inc. and West Bowmanville Developments Ltd. in respect of the extension of water service to the Garnet B. Rickard Recreation Complex when it is paid to the cost of the urbanization of Highway No.2. .. ... 1.2 The financial contribution of $1.5 million was to be paid in 5 equal annual instalments of $300,000 each, the first of which was to be paid on April 24, 1996. Each instalment when paid was to be deposited in the Hydro Reserve Fund Account. The financial contribution of Martin Road Holdings Limited and West Bowmanville Developments Ltd. was to be secured by an unconditional and irrevocable letter of credit to be deposited with the Municipality. ... ... ... .. - - REPORT NO. ADMIN-14-95 PAGE 3 - 1.3 With the change in the Provincial Government, the Durham Region Non-Profit Housing Authority project on Temperance Street in Bowmanville was cancelled. Council selected an alternative site for the Older Adult Centre on property owned by Vanstone Mill Inc. at King and Scugog Streets in Bowmanville by its adoption of Resolution #GPA-684-95 approving Report #Admin. 34-95. (Report #Admin. 15-96 updated Council on the status of this project.) - - - 1.4 The urbanization work on Highway No.2 will proceed in 1996. Security has been posted with the Municipality by Willsonia Industries Ltd. and Clarington Place Limited for Willsonia's share of the cost of the urbanization work. A draft Subdivision Agreement betw.een the Municipality and 829426 Ontario Inc. and 838038 Ontario Inc. (the shareholders of which are Markborough Properties Inc. and West Bowmanville Developments Ltd.) has been delivered to the parties. When settled and executed it will provide for the posting of security with the Municipality for those companies' share of the cost of the urbanization work. - ... ... 1.5 A draft Agreement to implement Report #Admin. 14-95 by amending the Subdivision Agreement with Martin Road Holdings Limited and West Bowmanville Developments Ltd. has been prepared. It has yet to be executed by the owners. - ... 1.6 Since the amending Agreement between the Municipality and Martin Road Holdings Limited and West Bowmanville Developments Ltd. has not been executed, the first instalment payment of $300,000 of the $1.5 million financial contribution has not been made to the Municipality. Also, the $150,000 plus the "Escalated Amount" for a total of approximately $210,000 which is to be paid by Markborough Properties Inc. and West Bowmanville Developments Ltd. under the water extension agreement is now due. ... - - 1.5 \Vith the above changes in circumstance, it is desirable for Council to review and where necessary and appropriate, to approve revisions of the recommendations contained in Report #Admin. 14-95 as outlined herein. 2.0 OLDER ADULT CENTRE - 2.1 Following the cancellation of the proposed Temperance Street, location of the Older Adult Centre, the Municipality called for new proposals. Report #Admin. 34-95 dated December 2, 1995 recommended as the preferred proposal that submitted by Vanstone Mill Inc. Authority was given to negotiate an agreement with Vanstone Mill Inc. for the transfer of a site on Scugog Street, Bowmanville, with an Older Adult Centre to be constructed on a turn-key basis. - - ... - ... REPORT NO. ADMIN-14-95 PAGE 4 .. I will be reporting in the near future, recommendations with regards to the Senior Centre within the Municipality of Clarington. ... ... ,3.0 WATER SERVICE CONTRIBUTION OF WEST BOWMANVILLE DEVELOPMENTS LTD. AND MARKBOROUGH PROPERTIES INC. .. 3.1 The contribution of $150,000 plus the "Escalated Amount" became due and payable on March 24, 1996 the "Date of Final Approval of the Zoning Amendment" for the proposed Markborough Shopping Centre pursuant to the terms of the Agreement b&tween the Municipality and the above companies dated November 26, 1996:- $ f50,000 is secured by a Letter of Credit deposited with the Municipality, and the escalated value includes interest, calculated to date. .. III 4.0 ASPEN SPRINGS SUBDIVISION AGREEMENT ... 4.1 As noted above the first instalment of $300,000 which is part of the financial .. contribution of West Bowmanville Developments Ltd. of $1.5 million referred to in Section 8 of Report #Admin. 14-95 was due on April 24, 1996. Mr. William Daniell has requested that the Municipality defer the payment of the _ first instalment to April 24, 1997 on which date both the first and second instalments (that is, a total of $600,000) will be paid together with interest on $300,000 calculated at 6% per annum from and including April 24, 1996 to the .. date of payment. I recommend that Council approve Mr. Daniell's request in consideration of the delay in construction of the Senior Centre and the subsequent signing of the Agreement. .. 5. The Treasurer has been consulted on above and concurs with the recommendations. .. Respectfully submitted, .. W.H.~ Chief Administrative Officer ... .. att. .. IIIlII ;ii ... - - REPORT NO. ADMIN-14-95 PAGE 5 - - - ... - ... - ... - - - - - - - - - Attachment If1 to Addendum to report .. THE ~ORPORArtON OF THE MUNICIPAL[TY OF CLAR[NGTON ADM. 14- 95 ~~~~~~::t~~X .. F1I~ # Res. # 8y-Law # .. .. '-" REPORT Meeting: C01lJJf4CI L APRIL 24 1995 DtIte: Roport fir:. ADM. 14-95 File #; 8u~J~: OLDER ADULT CENTRE AND HIGHWAY NO.2 URBANIZATION WORK Recommendations: It is respectfully recommended that Council approve the following: (1) THAT RepOrt No. ADMIN-14-95 be received; and (2) TIIAT Council approve amendments to the Aspen Springs Subdivision Agreement to delete the requireIllent that the Owner construct the "CPR Underpass Work" and the requirement that the Owner deposit Letters of Credit with thel Municipality as security for the construction of the Work, on the conditions as outlined in this report; and (3 ) THAT Council accept a financial contribution from Martin Road Holdings Umited and West Bowmanvil1e Developments Ltd. in the amount of $1.5 million on the terms and conditions set out in this report; and ( 4 ) THAT Council approve the construction of the Older Adult Centre, at a cost of $1.3 million, in conjunction with the proposed Durham Region Non-Profit Housing Authority ,project to be built on Temperance Street in Bowmanville; and (5) THAT Council commit $200,000 of said contribution of $1.5 million to the cosi of the urbanization work on Highway No.2; and (6) THAT Council approve the provision of interim funding of S1.3 million fc.lr the Older Adult Centre and $200,000 for urbanization work on Highway No. 2 referred to in recommendations (4) and (5) from the Hydro Reserve Fund Account; and (7) TH..\ T when instalments are paid to the Municipal';ty in respect of the financial contribution of S 1.5 million referred to In recommendation (2) they be deposited in the Hydro Reserve Fund Account; and .. - .... .. - - ... .. .. .. ... ..., IIIIIi lIIil .. - REPORT NO. ADMlNwl4-95 PAGE 2 - (8) THAT Council approve the commitment of the amount of $100,000 which is to be paid by Markborough Properties Inc. and West Bowmanville Developments Ltd. in respect of the extension of water service to the Garnet B. Rickard Recreation Complex when it is paid pursuant to this report. to the cost of urbanization of Highway No.2; and - - (9) THAT Council approve the agreements and amending agreements recommended in this report and pass the necessary by-laws to authorize the same being executed by the Mayor and Clerk on behalf of the Municipality: and ... (10) THAT the Treasurer be authorized to accept the deposit of the Letters of Credit and - return the Letters of Credit referred to in the report on the conditions set out in this report; and __ - (11 ) THAT a copy of this report be sent to: - Markborough Properties Inc. Martin Road Holdings Limited and West &wmanville Developments Ltd. 829462 Ontario lne. and 838038 Ontario Inc. Willsonia Industries Limited and Clarington Place Umited Durham Region NonwProfit Housing Authority Older Adult Centre Committee ~ ~~ ~ - ... - 1. lNTRO DUCI1 ON - - 1.1 During the past year the Office of the Chief Administrative Officer has been involved in a number of protracted negotiations involving property acquisitions, commercial developments, recreational facilities, etc., throughout the Municipality. Two of these negotiations that have taken a considerable amount of Staff time are the proposed Older Adult Centre that is being considered in conjunction with the Durham Region Housing Authority on Temperance Street in Bowmanville, andtbe Urbanization of Highway No. 2 in the area between Regional Road No. 57 and Green Road in Bowmanville. The Highway No.2 project must be addressed before development can proceed on both the north and south side of Highway No. 4 which was the subject of a recent Ontario Municipal Board hearing. In both cases, Council has directed the Chief Administrativ~ Officer to continue to meet with all the parties involved, in an attempt to identify the necessary funding that would allow these projects to go forward. We now submit the following report that addresses the issue of funding for both projects. - - - ... - - REPORT NO. ADMIN.14-95 PAGE 3 2. OLDER ADULT CENTRE 2.1 -(.> ..." 2.2 The proposed Older Adult Centre has been the subject of numerous reports to Council, covering the rezoning of the site in question, as well as the construction of the 10,000 square foot facility that would form a part of the Durham Region Housing Authority's sixty unit "singles" building proposed for the old "piano factory" site, across from the public library on Temperance Street in Bowmanville. As Council knows, the Housing Authority has had approval in principle from the Ministry to construct this project on the proviso that the Municipality of Clarington participates in the project by fInancing the Older Adult Centre. The Centre would have a gross floor area of 11,600 sq. feet, and a net floor area of 10,000 sq. feet, and will include leasehold improvements, carpet, and air conditioning. The furniture and appliances will be provided by the Clarington Older Adult Centre Committee, who will be responsible for the operation of the Centre. There would he 22 surface parking spaces. By financing the recreation Centre, the Municipality would then hold ownerShip of approximately 19% of the overall complex. This would compare to the square footage of approx. 16 additiona11iving units. 23 At a meeting held on November 28, 1994, Council passed a resolution directing the Chief Administrative Office to go on record with the Durham Region Housing Authority that the Municipality of Clarington approves, in principle, of the preliminazy architectural drawings showing the proposed 10,000 square foot "seniors' centre". and as well 'That the Municipality of Clarington agrees to cover the cost of the 10,000 square foot "seniors' centre" on the proviso that an acceptable financial contnbution by the Municipality, either by way of capital investment or long term lease, is agreed upon between the Housing Authority and the Municipality". 2.4 Following those directions, Staff have had numerous meetings with the representatives of the Housing Authority and have identified the Municipality's portion of the capital cost to be $1,300,000. Should Council agree to proceed with this project, the Durham Regional Housing Authority would need a commitment from the Municipality of Clarington that the amount of $1.,300,000 would be available for construction purposes. This then would allow the Authority to make a final submission to the Ministry for approval of the project. As previously stated by the Housing Authority, should Clarington decide not to participate in this project, the 1f.inistry will not approve the housing portion of the facility and the project will not proceed. Upon Council's approval of the funding proposal identified later in this report, the Durham Region Housing Authority will immediately proceed with the nc.."'eSSary approvals and would expect to see tbe project conunence construction \loithin the next few months. .. - ... ... .. .. ... ... - .. - - .... .... ... ... .. .. .. ... - REPORT NO. ADMIN-14-95 PAGE 4 - 2.5 On reviewing the financing proposals that are addressed in this report, it should be kept in mind that there is still a possibility of obtaining some type of Provincial grant for the recreation portion of the project, even though we have not been successful to date in receiving a positive answer in this regard from our Regional Representative of the Ministry of Tourism. Culture and Recreation. It should also be kept in mind that should tbe project proceed, the Housing Authority would be paying approximately $150,000 to the Municipality under the Development Charges By-law. This amount, could not be addressed as a portion of the Municipality's funding, as it must be directed to the Development Charges Reserve Fund. However, it should be considered a "plus" in the overall financial assessment of the project. - - - ... 3. URBA..NIZATION OF HIGHWAY NO.2) BOWMANVILLE MAIN CENTRAL AREA ... - 3.1 The transition of Highway No.2 from a high speed rural cross-section to a low speed urban roadway between Green Road and Martin Road is considered essential to the long term development of the Bowmanville West Main Central Area (B.W.M.CA.). ... 3.2 In order to ensure that the Municipality of Clarington's interests in this regard are properly addressed, the Clarington Public Works Department prepared a functional design for the urbanization of the aforementioned section of roadway. - 33 The functional design provided a framework for the review of proposed developments adjacent to Highway No.2 and the opportunity to generate a phased approach for the implementation of the required work. ... ... 3.4 Two developments, Markborough and Willsonia have been reviewed in this context and works on Highway No.2 have been identified. - 3.5 A section of Highway No.2 adjacent to the proposed Markborough and Willsonia developments is super-elevated and has no longitudinal fall. These two conditions make urbanization of the roadway at its current grade impossible. - - 3.6 The iack of longitudinal grade would result in ponding along proposed curb lines and the super-elevation 4.5% is not suitable geometry for intersecting urban streets. In order to address these issues, a number of alternative solutions were reviewed. The only solution which satisfactorily addressed the long term bterests of the .Municipality and permits the development of the Markborough and Willsonia lands requires the construction of approximately 565 metres of Highway No. 2 (See Attachment No.1). The proposed reconstruction involves the lowering of Highway ~o. 2 in the vicinity of Street 'B'. A low point would be established at the proposed intersection of Highway No.2 with Street 'B' resulting in a minimum longitudinal grade of 0.5% and removal of the super-elevation. - ... - - REPORT NO. ADMIN-14-95 PAGE 5 4. PROPOSED FINANCING OF HIGHWAY NO.2 IMPROVEMENTS 4.1 The cost of the required road work was estimated at $1,090,000.00 in 1994 dollars. This value does not include tbe cost of providing street lighting and sidewalk, as these services were included in the Municipality's Development Charges By-law. The amount of the estimated costs thereof of the latter services which would be the Municipality's responsibility is $290,000. In addition, traffic signals and storm sewer ! ' oversizing would be the responsibility of the developers. The estimated cost of traffic ' .^ , signals to be located at Kings Higbway and Street liE" is $100,000. 4.2 Financial negotiations have been ongoing regarding tbis project. Initially, the adjacent developers were advised that the total cost of the portion of the project necessitated by their developfl!ents was to be their responsibility and would be in addition to the costs of works referred to in the servicing agreements they had made with the Municipality. 4.3 The Municipality had entered into the following servicing agreements with the adjacent developers (1.) respecting the Markborough Shopping Centre on May 24, 1994 with 829426 Ontario Ine. and 838038 Ontario Inc. and Royal Bank of Canada (the "Markborough Servicing Agreement"), and (2) respecting the Willsonia development also on May 24, 1994 with Willsonia Industries Limited and Clarington Place Limited (the ItWillsonia Servicing Agreement"). We understand that the shareholders of the numbered companies who are parties to the Markborough Servicing Agreement are Markborough Properties Inc. and West BowmanviIle Developments Ud. 4.4 Both developers have indicated that they are prepared to 'move ahead with the necessary approval process. However, considering the protracted hearings regarding the Bowmanville West Main Central Area at the Ontario Municipal Board, the additional cost of the urbanization resulted in both developm.ents reaching a point of questionable financial viability. Both developers clearly stated that should the entire cost of urbanization be left to them, they could not proceed with their proposed development 4.5 Staff then made contact with the senior staff of the Durham Region Works Department in an attempt to see if there was some way the Region could participate financially in the urbanization project, given the fact the Highway No.2 wal\ turned Over to Durham Region by M.T.O. on January 1, 1995. After lengthy negotiations, the Regional Staff agreed to recommend to Regional Council that they participate in this project to the amount of $240,000. . , 4.6 Once the Regional Staff commitment was obtained. further discussions took place with the two developers and commitments were obtained for contributions to the .. .. .. .. .. .. .. .. .. .... - .... ... .. - WIll .. .. .. - REPORT NO. ADMIN-14-95 PAGE 6 - ... 4.7 .. , " , ... 4.8 - ... - project of $400,00 from Markborough Properties Inc. and West Bowmanville Developments Ltd., on the one hand and $250,000 from Willsonia, on the other hand, for a total amount of $890,000 towards the total cost of $1,190,000, leaving a shortfall of $300,000. Staff reoommend that Council approve amendments to the Markborough and the Willsonia Servicing Agreements, respectively, to give effect to these commitments unless alternative legal arrangements satisfactory to the Regipn of Durham are made directly with the Region to secure these commitments. \Vith respect to the cost of storm sewer oversizing on Highway No.2, in the stann sewer accommodating flow from the north side of Highway No.2 from the WillsoDia and other Iands under Highwa~No. 2 (the llHighway No.2 Storm Sewer Oversizing") to connect with the storm sewer to be constructed under the Markborough Servicing Agreement, it is recommended that Council approve an amendment to the Willsonia Servicing Agreement to provide that Willsonia InduStries Ltd. and Clarington Place Umited will fund the cost of the Highway No.2 Storm Sewer Oversizing. - S. FINANCING OF SHORTFALL IN FUNDING OF HIGHWAY NO.2 IMPROVEMENTS 5.1 Considering the fact that the Municipality owns land on the north side of the portion of Highway No.2 in question, namely the municipal fire hall and the Garnet B. Rickard Recreation Complex, both developers felt that the Municipality should finance the additional $300,000 in order to have the project proceed immediately, thereby allowing both Markborough and Willsonia to commence construction in 1995. 5.2 In an attempt to identify additional municipal funding for the road project, Staff revisited the past financial commitments made by all of the developers in the general area. On reviewing same we identified two past agreements that may be a source of funding for the Municipality to participate In the Highway No.2 urbanization, should Council wish to see the project and the developments proceed this year. Tnese are agreements respecting a water service contribution provided for in conjunction with the rezoning to permit the Canadian Tire Store, and the Aspen Springs Subdivision Agreement. - - ... ... ... - .. 6. 'VATER SERVICE CONTRIBUTION OF WEST BOWMANVILLE DEVELOPMENTS LTD. AND MARKBOROUGH PROPERTIES INC. 6.1 The former Town of Newcastle made an agreement dated November 26, 1990, with MarkbDrougb Properties Inc. and West Bowmanville Developments Ltd. under which the cost to tbe municipality of extending water service to the Garnet B. Rickard .. - - . . "l, REPORT NO. ADMIN-14-95 PAGE 7 Recreation Complex would be defrayed by a contribution from the companies of $300,000. The two COmpanies benefited from this municipal expenditure by being able to extend the water service to the Canadian Tire Store and the Proposed Markborough Shopping Centre from the Recreation Complex. One hundred and fifty thousand dollars was paid to the Municipality on the execution of the agreement and was deposited in the Arena Reserve Fund Account. Payment of the balance of 5150,000 is to be made when a building permit is issued for the Proposed Markborough Shopping Centre. It is secured by Letters of Credit which is deposited with the Municipality. 6.2 Since people using the Recreation Complex will benefit from the urbanization of Highway No. 2, Staff are of the opinion that it would be fair to apply $100,000 of the balance of $150,000 secured lly-J~tters of Credit deposited with the Municipality to defray part of the cost of the improvements to Highway No.2. Accordingly, Staff recommend that subject to the concurrence of the parties to the agreement dated November 26, 1990 between the former Town of Newcastle, Markborough Properties Inc. and West Bowmanville Developments Ltd., be amended: (1) to provide for a reduction in the security for the payment to defray part of the cost of extending the water service which is now deposited with the Municipality to the amount of $50,000 which is payable on issuance of a building permit for the proposed Markborough Shopping Centre; (2) to require Markborough Properties Inc. and West Bowmanville Developments Ltd. to pay $100,000 to the Municipality to defray part ofth~ cost of Highway No.2 improvements within 30 days following the commencement of the construction of these improvements; and (3) to require the deposit of new irrevocable and unconditional Letters of Credit or amendments to Letters of Credit presently deposited with the Municipality to secure performance of the revised obligations of the companies. The Letters of Credit are to be issued by a bank listed in Schedule 1 of the Bank Act, in amounts, in a form and with a content satisfactory to the Treasurer. 7. ill."'FUNDED COSTS OF HIGHWAY NO.2. IMPROVEMENTS 7.1 Should Council agree with Staff's last recommendation in this regard, the unfunded balance of the Highway No.2 project would be $200,000 in addition to the unfunded cost of $1,300,00 for tbe Older Adult Recreation Centre. This report will go on to deal with the immediate and longer term sources of these amounts. 8. ASPEN SPRINGS SUBDIVISION AGREEMENT 8.1 Ir. CDllSultation with Mr. Dennis Hefferon, the Municipality's Solicitor, Staff have re\iewed the conditions of draft plan approval of the West Bowmanville O""'.>velopments Ltd. subdivision located between Green Road and Regional Road No. 57. south of the CPR tracks (Plan 18T-86046 . Aspen Heights), relative to the .. -- ... .. .. .. ... .. III ... ... ... .. .. ." .., ... ... III .. - '- - -... ... ... - .. - - - ... ... - ... - ... - - - - REPORT NO. ADMIN.14~95 PAGE 8 construction of the grade separation proposed at the intersections of future Street "C' and the CPR and the Aspen Heights Subdivision. One of the conditions of the draft plan approval was that "the Owners shall agree to reserve Blocks 342 and 347 for railway underpass and to address construction to the satisfaction of the Town of Newcastle." 8.2 The Aspen Springs Subdivision Agreement between the former Town of Newcastle and Martin Road Holdings Limited and West Bowmanville Developments Ltd. and certain mortgagees provides: "With respect to the .CPR Underpass Work', wIthout derogating from the provisions of paragraph 5.27 of this Agreement, the Owner agrees at its cost to commence to construct this work no later than the day on which an application is made for a building permit for a building which is or includes the 661st dwelling unit proposed" to-_be constructed on the lands and to complete the same in aCcordan~ with this Agreement.1I , '-~ 8.3 It should be noted that a grade separation may also be con.f\tructed by the Municipality at the intersection of Green Road and the CPR at a future time. 8,4 Staff have considered the provisions of the Aspen Springs Subdivision Agreement as well as the proposal for the future construction of an underpass at the intersection of Green Road and the CPR tracks. Although the Municipality's Final Report on the Transportation Analysis for the Bowmanville Main Central Area Study stated, "All the network alternatives show an extension of the north-south collector road through a railway underpass to link with Aspen Springs Drive on the south side of the CPR tracks, this could serve as an alternative access route for West MCA traffic heading to Martin Road, instead of having to use Highway No. 2. However, consideration should be given to the impact of increased traffic on residential streets south of the railway tracks.", the Director of Planning and Development has some concern with the proposal of not proceeding with the construction of the underpass. However, staff with the exception of the Director of Plannlng and Development have concluded that it is not necessary in order to protect the Municipality's interest in the proper functioning of the existing and future street system both north and south of the CPR tracks and both east and west of Green Road that the "CPR Underpass \Vork" he constructed as provided for in the Aspen Springs Subdivision Agreement. 8.5 It is recommended that conditional on financial arrangements being agreed to by !\'fartin Road Holdings Umitecl, West Bowmanville Developments Ltd., 829426 Ontario Inc. and 818038 Ontario Inc. and all necessary parties executing the agreements and depositing the securities referred to in this report, Council approve 2..n 2.II1endment to the Aspen Springs Subdivision Agreement to delete the reqt.:.i;ement that the Owner construct the "CPR Underpass Works". REPORT NO. ADMIN-14-95 PAGE 9 8.6 Should Council agree with this recommendation, the developer of the Aspen Springs project, through Mr. William Danie~ has agreed to make an outright contribution to the Municipality of Clarington in the amount of $1.5 million, to be used by the Municipality for the purpose recommended in this report. . 8.7 Accordingly, it is recommended that Council: 11 ;, (a) approve an agreement to amend the Aspen Springs Subdivision Agreement between the Municipality, Martin Road Holdings Umited, West Bowmanville Developments Ltd, Robert Louis Stevens and Royal Bank of Canada dated September 8, 1991., as amended, to delete the requirement tbat the Owners construct the "CPR Underpass Worklf and provide security to the Municipality for the performance of The Owners' covenant to do so; (b) provide in the amendment to the Aspen Springs Subdivision Agreement or if considered appropriate by myself in consultation with the Solicitor in a separate agreement witb Martin Road Holdings Limited and West Bowmanville Developments Ltd. which is to be executed prior to the amendment to the Aspen Springs Subdivision Agreement referred to in (a), for the payment to the Municipality $1.,500,000 in five (5) equal annual instalments of $300,000 each, the first instalment to be paid on April 24t 1996; (c) require each of the instalments referred to in (b) when paid to the Municipality to be deposited in the Hydro Reserve Funds Account; (d) require the deposIt with the Municipality's Treasurer as alternative security for the perfonnance of the obligations set out above unconditional and irrevocable Letters of Credit issued by a bank listed on Schedule 1 of the Bank Act in amounts, in a form and with a content satisfactory to the Treasurer. (e) authorize the Treasurer to return to the Owners the Letters of Credit deposited with the Municipality in respect of the "CPR Underpass Works" conditional on the alternative security set out in (d) being deposited with the Municipality; 9. INTERIM FUNDiNG REQUIREMENTS FOR OLDER ADULTS' RECREATION CENTRE AND $200,000 OF TIlE COST OF THE HIGHWAY NO. 2 Il'tfPROVEMENTS 9.1 It is reconunended the interim funding requirements to proceed with the Adult Recreation Centre ($1.3 million) and $200,000 of the cost of the Highway No. 2 improvements should be obtained by accessing the Hydro Reserve Funds for the ... ... ... .. .. ... .. .. .. .." .. .. .. .. - .. .. .. .. ... REPORT NO. ADMIN-14-95 I , PAGE 10 This report addresses the funding requirementc; for the Older Adults' Recreation Centre and the urbanization of Highway No.2 to permit the Markborougb Shopping Centre and the Willsonia developments to be commenced this year. It is recommended that this report approve the making of agreementc; and other actions set out in it be approved by Council. 112 By adopting the recommendations of Staff Council would accomplish the construction of the Older Adult Centre, as well as the completion of the Highway No.2 Urbanization Work without having an adverse affect on the municipal budget. ... ... 10. ... 10.1 . ' , ... 11. ... 11.1 ... ... - .. -- amount of S1.5 million, on the condition that this amotlllt will be replaced Over the next five years upon the payment of the $1.5 million tlllder the revised Aspen Springs Subdivision Agreement or the agreement between the parties referred to above. TERMS OF AGREEMENTS It is recommended all agreements to implement the recommendations contained in the report shall contain provisions considered to be necessary to protect the Municipality's interests by myself in consultation with the relevant Stafr and the Mtlllicipality's Solicitor. CONCLUSION AND RECOMMENDATIONS -- -- 11.3 The completion of the Highway No. 2 work would then allow the developers to proceed with their commercial projects as an early date, resulting in a positive impact On the municipal assessment base. .. - Re.spectfully submitted, 4tf1h;Z1/) W.H. Stod..-well Chief Administrative Officer ... - - - - - - fiL LaClllllenc il L CO Addendum to Report ADMIN. 14-95 .. TIllS AGREEMENT made as of this 26th day of November, 1990. .. B ~': r WEE N: till MARKBOROUGH PROPERTIES INC. and WEST BOWMANVILLE DEVELOPMENTS LTD. till (hereinafter called the "Owners") .. OF TIlE FIRST PART - and - .. TIlE CORPORATION OF THE TOWN OF NEWCASTLE .. (hereinafter called the 'Town") OF THE SECOND PART III \VHEREAS: .. a) The Owners own in fee simple certain lands (the "Lands") which comprise approximately 26.7 acres located at the south-easterly corner of Green Road and Highway No.2 in the Town of Newcastle; .. .." b) The Lands are more particularly described in Schedule "A" attached hereto; .. c) At its meeting on September 24, 1990, the Town Council passed Resolution #C-635-90 as amended by Resolution #C-636-90 (a consolidated copy of which is attached hereto as Schedule "B") by which Official Plan Amendment Application 88- 87/D/:\ (Revised) submitted by the Owners to permit the development of a .. .. shopping centre incorporating certain retail floor space (the "Development") was reco!TL.'TJended to the Region of Durham for approval through an appropriate .. amendment to the Durham Regional Official Plan and the Town of Newcastle Officia! Plan (collectively called the "Proposed Official Plan Amendment") subject .. to cen2n conditions including the making of this Agreement, Rezoning Application .. DEV S-S-89 (Revised) was approved, and the passing of the amending zoning by- ... j ... - - 2 - - law ( the "Zoning Amendment") was deferred pending satisfaction of certain conditions relating thereto; - d) The Town has paid for the cost of installing a water main (the "Service") to serve the Town's Recreational Centre located at the north-westerly corner of Regional Road ... - No. 57 and Highway No.2 and the Service includes sufficient capacity to service additional development lands including the Development of the Lands; - e) The Parties hereto have agreed that the Owners' fair share of the cost incurred by the Town of providing sufficient capacity in the Service to serve the Lands is - THREE HUNDRED THOUSAND ($300,000.00) DOLLARS and have allocated this share of the cost to the Lands. The Parties have also agreed that the sum of ... THREE HUNDRED THOUSAND ($300~,000.00) D~LrS will b~ paid by the OW,"" to th, Tow, ill; set out ;n this Ag"cm,nt; {fli,~ rf'J JlfL~ - NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of - the premises and the covenants hereinafter expressed and the sum of TWO DOLLARS - ($2.00) of la\\TuI money of Canada, now paid by each party to the other (the receipt whereof by each party is hereby acknowledged), the Parties hereto hereby covenant and agree to and \,,~th the other as follows: ... - 1. The o.mers' fair share of the costs incurred by the Town of providing sufficient c2p2ciry in t:::: Service for the development of the Lands is THREE HUNDRED THOL"SA'\'D ($300,000.00) DOLLARS payable as follows: - ... a) The sum of ONE HUNDRED AND FIFTY THOUSAND ($150.000.00) DOLlARS shall be paid by the Owners to the Town in cash or by certified cneque for the Town's use absolutely prior to the day on which the Council c: the Regional Municipality of Durham (the "Regional Council ") adopts the hoposed Official Plan Amendment; and - - - - .. - 3 - b) The Owners shall pay to the Town the sum of ONE HUNDRED AND FIFTY THOUSAND ($150,000.00) DOLLARS plus the "Escalated Amount" .. (as hereinafter defined) no later than the date of expiry of the ten (10) day period commencing on the "Date of Final Approval etI-t- of the Zoning Amondmont" (as h"o;naft" dofinod). f~ Prior to the day on which the Regional Council adopts the Proposed Official Plan .. .. 2. .. Amendment, the Owners shall deposit the "Letter of Credit" (as herein defined) with the Town's Treasurer. The Letter of Credit shall be drawn on a Canadian Chartered Bank "" l incorporated under Schedule "A" of the Bank Act R.S.c. 1970 c. It shall be in the amount .. of O:-"'E HUNDRED AND FIFTY THOUSAND ($150,000.00) DOLLARS. It shall be unconditional and irrevocable, and have a term of at least one (1) year. It shall provide ... that it or a Renewal of it, as the case may be, is automatically renewed unless the Bank on which it is drawn has notified the Town in writing that the Bank will not renew the Letter of Credit, or the Renewal thereof currently in force, as the case may be, not less than thirty (30) days before the day on which it or the Renewal of it is to expire. In the event that the .." Town is notified that the Bank will not renew the Letter of Credit, or a Renewal thereof, .. as the case may be, the Town may require the Bank to pay the amount of the Letter of Credit or the Renewal of it to the Town, in which case the Town may deposit the amount .. received from the Bank in a reserve account which is interest bearing pending occurrence .. of the earlier to Occur of the Date of Final Approval Day of the Zoning Amendment and the "Date of Unwinding of this Agreement" (as hereinafter defined), .. 3(a). In the event that the Date of Final Approval of the Zoning Amendment occurs and .. the Letter of Credit, or the Renewal thereof, as the case may be, remains outstanding, the TO\\1l shall return the Letter of Credit or the Renewal thereof, as the case may be, to the wners undrawn upon and without deduction, forthwith after the dayon which the Owners - pay the TO\l,TI the sum of ONE HUNDRED AND FIFTY THOUSAND ($150,000.00) ... DOLL-\RS lC~ether with the Escalated Amount in accordance with paragraph l(b) hereof. .. .. .. - - 4 - - 3(ll). In the event that the Letter of Credit, or the Renewal thereof, as the case may be, has been drawn upon by the Town, on the Date of Final Approval of the Zoning - Amendment, the Town may appropriate the amount so drawn upon together with any interest that has accrued thereon to the Town's own use absolutely. The Town shaH credit - the amount so appropriated to the Owners' account in reduction of the sum of ONE HUNDRED AND FIFTY THOUSAND ($150,000.00) DOLlARS plus tbe Escalated - Amount which is required to be paid by the Owners to the Town pursuant to paragrapb 1 (b) hereof and give the Owners notice of the amount of the credit and the amount of the - deficiency, if any, between the credited amount and the amount required to be paid . pursuant to paragraph l(b). Forthwith after sucb notice is given, the Owners shaH pay tbe - amount of any deficiency in casb or by certified cheque to the Town. - 3(c) In the event that the Date of Unwinding of this Agreement occurs, if the Letter of - Credit, or the Renewal thereof,as the case may be, has not been drawn upon the To!Vll, [ " R"'-\......~N.:.t>. Letter of Credit or the Renewal thereof, then in effect, shalJ be.!*lid forthwith by (J}TO to the O\mers undrawn upon. In the event that the Date of Unwinding of this Agreement - Occurs and the Letter of Credit, or the Renewal thereof, as the case may be, has been drawn upon by the Town, the amount so drawn upon together with any interest, if any, - which in fact has been earned by the Town thereon shall be paid forthwith by the Town to the Ov,ners without deduction and the Town shall thereupon be released from any - further liability to the Owners arising out of this Agreement or any payment made by the Owners pursu:uJt to this Agreement. ... - 3(d) For the avoidance of doubt, whether or not the Date of Unwinding of the Agreement occurs. the TO\m is not under any duty to the Owners to return the whole or any portion of tbe sum of money paid to the Town pursuant to paragraph l(a) hereof, to tbe Owners. ... ... 4(a) For the purposes of this Agreement the term the "Date of Final Approval of the Zonir:g .-\menc::::ent" means the first day upon which the Zoning Amendment actualJy and nOl\\i:::s:andinf any deeming provisions contained in the Planning Act, 1983 S.O. 1983 c.1 first CO::1es into force and effect as a result of one of the [olJowing events occurring: - - - U,t1l fDJ .. - 5 - i) Where neither a notice of appeal is filed by any person in respect of one or more of the provisions of the Zoning Amendment nor an application to Court is made in which the validity of the Zoning Amendment is called into question, the expiry of the fifteen (15) day period following the day on which the Proposed Official Plan Amendment is approved pursuant to the Planning Act, 1983. ... ... .. ... ii) Where a notice of appeal to the Ontario Municipal Board is filed in accordance with the Planning Act, 1983, but an application to Court is not made in which the validity of the Zonmg Amendment is called into question, the later to Occur of the date of expiry of the thirty (30) day period following the day on which the Order of the Municipal Board dismissing the appeal is entered, the order of the Lieutenant Governor in Council dismissing the appeal is made and the day on which the Proposed Official Plan Amendment is approved pursuant to the Planning Act, 1983. ... .. ... ... iii) Where an application to Court is made in which the validity of: .. 1. the Proposed Official Plan Amendment or the Official Plan Amendment to give effect thereto, as the case may be, or the Zoning Amendment, or .. .. 2) the proceedings before the Town Councilor a Committee thereof, or the proceedings before the Regional Councilor a Committee thereof in respect of any of the Zoning Amendment and/or the Proposed Official Plan and Official Plan Amendment to give effect thereto, or .." .. - 3) the approval of the Proposed Official Plan Amendment or the proceedings, decision or order of the Ontario Municipal Board or the Lieutenant Governor in Council by the Proposed Official Plan Amendment is approved, .. .. .. .. is called into question, either the date on which the "Final Disposition" of such application to the Court is made if the result is that the Official Plan Amendment to implement the Proposed Official Plan Amendment and the Zoning Amendment come into force and effect, or if tbe Court remits tbe matter back to the Town Councilor the Council of the Regional Municipality of Durbam, tbe Ontario Municipal Board or the Lieutenant Governor in ~ouncil, the date of Final Disposition of sucb matter by such body, board or person. - ... - - ... - 6 - 4(b) For the purpose of this Agreement, the term "Final Disposition" means: .. ... - ... ... - i) The entry of an Order of a Court wttich finally disposes of an application to such Court; or ii) If following an application to a Court as referred to in this Agreement, the Court remits the Proposed Official Plan Amendment and/or the Proposed Zoning Amendment to the Ontario Municipal Board or the Lieutenant Governor in Council, the entry of an Order of the Ontario Municipal Board or the making of an Order by the Lieutenant Governor in Council which finally dismisses an appeal from the Zoning Amendment and/or finally approves the Proposed Official Plan Amendment. ... 5) For the purposes of this Agreement, the term the "Date of Unwinding of this Agreement" means the earlier to occur of: - - ... - - - - i) The day on which a decision or Order to reject the Proposed Official Plan Amendment or to allow an appeal from the enactment of the Zoning Amendment whether made by the Ontario Municipal Board or the Lieutenant Governor in Council, becomes final and binding; and . ii) December 31, 1995 if by such date, either or both of the Proposed Official Plan Amendment and the Zoning Amendment have not been adopted and .. - 7 - enacted by the Regional Council and the Town Council, respectively and the Date of Final Approval of the Zoning Amendment has not occurred. .. .. 6) For the purposes of this Agreement the term the "Escalated Amount" means the aggregate of the amounts in excess of the sum of ONE HUNDRED AND FIFTY ... THOUSAND ($150,000.00) DOLLARS (the "Initial Amount") which result from increasing the Initial Amount by an amount (the "Increase") which is (are) determined, calculated and .. compounded on a monthly basis not in advance, at a rate equal to the rate of which thirty (30) day Government of Canada Bills are quoted, as provided by the Bank of Canada, in effect on the first business day of each month whiCh includes all or part of the period of .. calculation in question, applied to an amount equal to the Initial Amount plus such .. Increases by which the Initial Amount has been increased pursuant to this paragraph 6 up I \,~" to ~~c1uding the date on which the calculation in question is made, provided that in the '\}r Owner's discretion the rate of increase applied in making each such calculation shall not \~l exceed fifteen percent (15%) per annum calculated and compounded on a monthly basis \v~~not in advance. The first increase shall be determined, calculated and compounded on the day which is the date of commencement of the calendar month which is at least thirty (30) days after the day on which the Proposed Official Plan Amendment is adopted by the .. ." ... Regional Council. .. 7(a) Any notices to be given under this Agreement shall be delivered to the Parties at .. the respectin~ addresses. The respective addresses of the Parties for such purposes presently are 2.S follows: .. The Corporation of the TO\m of Newcastle c/o The Clerk 40 Temperance Street Bowmanville, Ontario LlC 3A6 ." Markborough Properties Inc. ... 1 Dundas Street West Suite 2800 Toronto, Ontario M5G 212 .. Attention: Vice President Development, Shopping Centres .. iii .. - ... - - - - - - ... .. - ... - - - ... - - - - 8 - West Bowmanville Developments Ltd. 250 Consumers Road Suite 403 North York, Ontario M2J 4V6 Attention: President 7(b) Except in the event in the interruption in the postal service, any notices to be given under this Agreement shall be delivered in person, delivered by ordinary mail where receipt has been acknowledged, or sent by prepaid, registered mail addressed to the Parties at the respective addresses as set out in paragraph 7(a). In the event that a notice is delivered in person, the party receiving such nqtice shall fof'tftwith indicate receipt of the notice by signing a form of acknowledgment of receipt and in that event the notice shall be deemed to bave been received on the date on which the form of acknowledgment of receipt was signed. In the event that the Party refuses to sign an acknowledgment of receipt of the notice, the person delivering the notice may swear an affidavit or statutory declaration of service, and the notice shall be deemed to have been received on the date of service as set out in such affidavit or declaration, as the case may be. In the event that a notice is sent by prepaid registered mail or by ordinary mail where receipt has been acknowledged, it shall be deemed to have been received on the second clear business day following the day on which the notice was sent. 7(c) In the event of any interruption in the postal service, notice shall be given to any Party at i15 res?ective address as set out in paragraph 7(a), either in person or by special courier in the manner as set out in paragraph 7(a). The Party receiving the notice shall indic2te ti:::e :e.:eipt of it by signing a form of acknowledgment of receipt and the notice shall be deemed to have been received on the date on which the form of acknowledgment was signed. II: any event that any party refuses to sign an acknowledgment of receipt of the notice, the person delivering the notice may swear an affidavit of notice or statutory declaration and the notice shall be presumed to have been received on the date of service as set out in s:cch affidavit or statutory declaration, as the case may be. .. - 9 - 8) The Parties hereto agree that the Town has the capacity and authority under law to ... make this Agreement for the benefit of the ratepayers of the Town. ... 9) Time shall be the essence of this Agreement. ... THE PARTIES hereto have executed this Agreement. .. SIGNED, SEALED AND DELIVERED In the Presence of ) MARKBOROUGH PROPERTIES INC. ) ..,_..,~et~;7/ ~~*_. ." ) ) ".........'< resIdent ) 'II~'.y,,^/~ ... ) ) Per: ) Se etary ) .. ) ) ) WESl1BOWMANVILLE DEVELOPMENrS ) LTD. \ \ ... ) ) Per: ---~----- ) ) .. ) ) Per: ) ) .. ) ) ) ) ... ) ) Per: ) ) ... ) -f"L ) Per: ) .. (', I ~/-I , . ;, ~/'i (i'X -'. ," ,/--", -,1 I, 'tl! i '..I'J ,r.-!-,' }{[,-./.-v, .' I" .; l ,v'v' :. J '/:/ / .. .. ... .. .. - - 10 - - SCHEDULE "A" Description of the Lands - - Part of Lot 16, Concession 1, Town of Newcastle, more particularly described as Parts 1, 2, 3, 4 & 5 of a draft plan of survey prepared by J.D. Barnes Ref. #90-25- 476-02 - - - - ... - - - - - - - - - - ... - 11 - SCHEDULE "E" ... Resolution of Council of the Town of Newcastle C-635-90 as amended by Resolution C-636-90 ... THAT Report PD--282-90 be received; THAT Official Plan Amendment Application 88-87/D/N (Revised) submitted by Markborough Properties and West Bowmanville Developments be recommended to the Region of Durham for approval through an appropriate amendment to the Durham Regional Official Plan and the Town of Newcastle Official Plan which would permit the development of a 21,400 sq. m. (230,000 sq. ft.) shopping centre on the subject property and which would also incorporate the 3,200 sq. m. (33,900 sq. ft.) of retail floor space permitted under the adjacent local central area designation, subject to the owners entering into an agreement with the Town with respect to the payment of $300,000 as their share of the provision of water supply services including an escalatiofl clause; ... .. ... THAT Rezoning Application DEV 88-99 (Revised) submitted by Markborough Properties and West Bowmanville Developments to permit the development of the proposed shopping centre be approved; THAT the amending by-law be passed subsequent to the owners meeting the following conditions: - - a) Official Plan Amendment Application 88-87 /D /N being approved by the Region of Durham; .. b) The owners satisfy the requirements of the Ministry of Transportation with respect to transportation and aCCess issues. This condition is applicable in the event Highway No.2 is transferred to the Region or the Town; - c) The o.'Iners enter into an agreement with the Town of Newcastle, satisfying all requirements, site planning, financial and otherwise of the Town of Newcastle; .. THAT any delegation and those persons listed in Report PD-282-90 be advised of Council's decision, and a copy of Report PD-282-90 be forwarded to the Region of DurhaI:1 Planning Department. IIlIl ... .. ... ... IIlIl .. .. HANDOUTS/CIRCULA TIONS COUNCIL REPORT NO.: PD-114-96 Revised PAGE 2 Board to be considered at the same time as the Board considers the requested amendment on designation of the lands contained in the Regional Official Plan, and that the Board be requested to approve the provisions of the Clarington Official Plan referred to it with the modifications set out in Attachment #8 and an appropriate corresponding amendment to the Durham Regional Official Plan; 6. THAT in the event that: (i) the Regional Municipality of Durham does not initiate the amendment to the Durham Regional Official Plan requested by the Municipality of Clarington regarding the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street); or (ii) the Minister of Municipal Affairs and Housing gives notice of decision that he will not approve the same or will approve the same with modifications; the Minister of Municipal Affairs and Housing be requested to refer the amendments to the Ontario Municipal Board; 7. THAT in the event that the Regional Municipality of Durham does not approve the proposed Clarington Official Plan with respect to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street), the Regional Municipality of Durham be requested to refer those portions of the proposed Clarington Official Plan to the Ontario Municipal Board; 8. THAT the Solicitor be authorized to request the Ontario Municipal Board panel scheduled for the hearing to commence September 16, 1996 to be seized of issues relating to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road and Prestonvale Road (north of Bloor Street) and the lands subject to application OPA 95-007/D; 9. THAT staff be authorized to advertise a Public Meeting for September 30, 1996 to consider a proposed amendment to the Municipality's Development Charges By-law to identify two parkettes and one neighbourhood park in Bayview Neighbourhood in Courtice as a growth-related capital service; 1 O. THAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute an agreement which gives effect to the intent of the uPrinciples of UnderstandingU and contains such other provisions as are considered necessary to protect the Municipality's interests by the Directors of Planning and Development and Public Works; ATTACHMENT #8 Revised PROPOSED MODIFICATION TO THE CLARINGTON OFFICIAL PLAN REGARDING SOUTH-WEST COURTICE COMMUNITY PARK PURPOSE: To designate approximately 6.5 ha of new residential lands and to relocate the South-west Courtice Community Park. LOCATION: South-east corner of Bloor Street (Regional Road #22) and Prestonvale Road, being part Lot 33 and road allowance between part Lot 32 and 33, Concession 1, former Township of Darlington, now in the Courtice Urban Area. BASIS: This modification is based on a settlement of issues in dispute between 289143 Ontario Ltd. and the Municipality of Clarington with respect to private referrals to the Ontario Municipal Board (Application OPA 95-004/C) and the proponent's objections to the proposed Clarington Official Plan and the proponent's application to amend the Official Plan of the former Town of Newcastle (Application OPA 95-006/C) . ACTUAL MODIFICATIONS: i) Modify the housing targets for Bayview Neighbourhood shown on Table 9-2 by increasing the Low Density Residential target from '975' to '1150', the Medium Density Residential target from '250' to '300' and the High Density target from '50' to '125' and making the appropriate adjustment to the Totals so that the Table reads as follows: Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Total Neighbourhoods Residential Areas Central Areas Intensifi- Low I Medium I Medium I cation High High I Courtice II 1150 I 300 I 125 I o I 0\ 50 I 16251 NIl BaYVlew ii) Add a new section 23.11.3 as follows: 1123.11 .3 The Community Park site shown on Map A2 south of Bloor Street on the east side of Prestonvale Road shall endure for a period of 15 years from the date of approval of this policy of the Official Plan. If the site has not been acquired by the Municipality for community park purposes within this period, the site shall be deemed to be designated IIUrban Residentialll and may be developed in accordance with the policies for that designation.1I Modify Map A2 IILand Use: Courtice Urban Areall as shown on Exhibit 'A'. Modify Map E1 IINeighbourhood Planning Units: Courtice Urban Areall as shown on Exhibit 'B'. iii) iv) ATTACHMENT #9 Revised PROPOSED MODIFICATION TO THE CLARINGTON OFFICIAL PLAN REGARDING SCHOOL SITES IN SOUTH-WEST COURTICE PURPOSE: To relocate the proposed public elementary school in Penfound Neighbourhood and to delete one medium density residential symbol. LOCATION: North-west corner of Bloor Street (Regional Road #22) and Prestonvale Road, being part Lot 33 and 34, Concession 2, former Township of Darlington, now in the Courtice Urban Area. BASIS: The Northumberland Clarington Board of Education has approved in principle a campus concept for a public secondary school and a public elementary school in Penfound Neighbourhood in the south-west portion of the Courtice Urban Area. ACTUAL MODIFICATIONS: i) Modify the housing targets for Penfound Neighbourhood shown on Table 9-2 by increasing the Low Density Residential target from '1075' to '1100' and to decrease the Medium Density Residential target from '75' to '50' and making the appropriate adjustment to the Totals such that the Table reads as follows: Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods Residential Areas Central Areas Intensifi- Total I I I cation Low Medium High Medium High Courtice I 1100 I sol o I o I I 751 I N9 Penfound 0 1225 ii) Modify Map A2 "Land Use: Courtice Urban Area" as shown on Exhibit 'A'. @ JULY 29, 1996 FROM HUGH A NElli. PAGE 1 }\FIER ATIENDING rvIANY 1IEETINGS BETWEEN TIlE TOWN STAFF , U\ WYERS, CONSULANTS AND DEVELOPERS I MUST CO:MrvIEND l\1R DA \lID CROME PLUS STAFF AND l\1R DENNIS HEFFERON FOR A JOB WEll DONE , ESPECIAllY UNDER. THE EXTREME CONDITIONS AND TIME CONS1RAINTS. I WOULD LIKE TO 1HANK TIlE TOWN AND MR HEFFERON FOR THE OPPORTIJNITY \VE, THE RESIDENTS OF PRESTONVAlE ROAD APPROVE AND SUPPORT M:0ST OF REPORT 114-96 AND IN PARTICULAR SUPPORT TIlE FOllOWING. PAGE 2 OF REPORT 114-96, ITEAfS 6, 7 & 8 WE SUPPORT THE POSITION TO GO BACK TO 1HE OMB IF THE TOWN'S REQUESTS ARE NOT APPROVED BY TIlE REGION (IN PARTICULAR THE REDESIGNATION OF PRESTONV AlE RD __ NORTII OF BLOOR) PAGE 17 OF REPORT 114-96, ITEMS 5.4 WE SUPPORT TIIE TOWN'S POSmON IN RECO:MrvIENDING mAT THE ROAD ACCESS TO THE SCHOOLS BE FROM TIlE NEW STREET 'A' PAGE 4 OF SC.1IEDULE 3-2 (CONDITIONS OF APPROVAL) ITEM 24 WE SUPPORT 1HE AGREEMENT WHERE BY THE OWNERJDEVELOPERS AGREE TO CONNECT OR SUPPLY WA1ER IF OUR WEllS ARE INTERFERED WITH AS A RESULT OF CONSTRUCTION OR DEVELOP:MENT PAGE 15 OF PIL<\.SING DOCUMENT, TABLE 2 WE SUPPORT 1HE DESIG~ CRITERIA TABLE FOR PRESTONVAl.E ROAD NORTII OF BLOOR AS IT SHOWS THE "TYPE"OF ROAD TO BE "LOCAL" AND \VITII TIIE "ROAD AllOWANCE \VID1H" OF "20M". soum OF BLOOR, HO\VEVER, SHOULD BE TIlE S.A:rvIE. L~_L_L/ r7 z;J/to. h- //L-/-- 9& ~--<J-T'---C" n "L-./ /~ THERE ARE SOME AREAS THAT WE DO HAVE SOME CONCERNs WITH PAGE 2 PAGE 9 OF ATTACHMENT 5 (pRINCIPLES OF UNDERsTANDING) ITEM'D' WHILE THE DEVELOPERS AGREE TO DEDICATE UP TO 15 FEET FRONTAGE ON THEiR SIDE TO WIDEN PREsTONVALE RD, WE, THE OTIlER LAND OWNERs DO NOT AGREE TO DEDICATE THIS MUCH lAND, ETC PAGE 4 OF AMMENnMENT 59, ITEM 10.3.4.4 (SCHEDULE 4) MR & MRs JOHN DECOE AND MR & l\!!lS NEIL WEEsE OF 2156 AND 2148 PREsTONVALEROAD WOULD riKE TO REQUEST A PRIVACYFENCE TO BE BUlLT AROUND THEiR PROPERTY THAT ARum; THE NEW STREET 'A' AND THE SCHOOL PROPERn. ~ -:;~..: PAGE 7 OF AMENDMENT 59, ITEM 10.3.5.7 PART B THEIDGH AND MEDIUM DENSITY ( SOurn SIDE OF BLOOR ATPREsTONVALE) WILL NOT BE COMPATIBLE wrrn THE EXISTING HOMEs ON THE NOR1H SIDE OF BLOOR MR & MRs BURGESS AND MR & MRs GOSMAN TAKE EXCEPTION TO THE IDGH DENSITY ACROSS THE STREET FROM THEiR HOMEs. THE IDGH DENSITy WIILALSO HAVE AN IMPACT ON lRAFFIc ON THE LOCAL STREET <PRESTONV AlE NORlH OF BLOOR) ATTACITh.fENT '8' (COMMlJNIn7pARK), EXHIBIT 'A' 1HIS MAP SHOWS 660/0 OF THE lliGH DENSITY DESIGNATIONS, IN All OF COURTICE TO BE AT BLOOR AND PREsTONVALE IT ALSO SHOWS 27% OF THE MEDIUM DENSln'DESIGNATIONS TO BE IN 1HIS AREA AS WEu.., WE BELIE\iE THAT 1HIS DENSITY IS UNFAIRLYlliGH AND CONCENTRATED IN 1HIS AREA, SOME OF 1HIS CONCENTRATION WAS BROUGHT ABOUT BY EXPANDING THE DEVELOPMENrBOUNDARlEs TO THE EAST IN THE "BA Y"'VIE\v NEIGHBORHOOD". ..