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HomeMy WebLinkAboutPSD-111-09i C~ar1~4~~LV~.~ Leadin the Wa `J 8 Y PLANNING SERVICES Meeting: COUNCIL ~~Sd~~-~-~r Date: Monday, November 23, 2009 Report #: PSD-111-09 File #: COPA 2009-002, S-C- 2004-004 and ZBA 2004-049 Staff Report # 3 REPORT -~X'7- 0 9 By-law #: o~GL'~ % - /5~' o70v ~ -/ ~ is Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 423 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-111-09 be received; 2. THAT the Mayor and Municipal Clerk be AUTHORIZED by By-law, on behalf of the Municipality, to execute the Memorandum of Understanding referred to in Section 11.3 of this Report between Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Municipality of Clarington which contains terms and conditions to protect the Municipality's interests satisfactory to the Directors of Planning Services and Engineering Services and a Postponement Agreement with the same parties and the Royal Bank of Canada; 3. THAT application for Official Plan Amendment COPA 2009-0002 be considered APPROVED in the context of the modifications to OPA 60 approved by Council on October 26, 2009 and that the file be CLOSED; 4. THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 2 by the. parties to it and the Postponement of the rights of the Royal Bank of Canada, Council request that after the Ontario Municipal Board has issued its Decision-Order approving Official Plan Amendment No. 60 as modified, the Ontario Municipal Board be requested to: a) approve Draft Plan of Subdivision S-C-2004-004 as revised and dated November 10, 2009 contained in Attachment 2 subject to the Conditions of Draft Approval contained in Attachment 4; and b) enact Zoning By-law Amendment ZBA 2009-167, contained in Attachment 5. REPORT NO.: PSD-111-09 PAGE 2 THAT the Mayor and Municipal Clerk be AUTHORIZED, by By-law (Attachment 6), to execute a Subdivision Agreement on behalf of the Municipality for each phase of development between the Owner and the Municipality of Clarington, at such time as the Agreement has been finalized to the satisfaction of the Director of Engineering Services and Director of Planning Services; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be FORWARDED a copy of this report and Council's decision; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ~~ Reviewed b :` _ ~Z""'"~----~ "'~-~''l, Davi . Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer Submitted by: A.S. Cannella, C.E.T. Director of Engineering Services CS/CP/df 18 November 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-111-09 1.0 APPLICATION DETAILS 1.1 Owner: 1.2 Applicant: 1.3 Official Plan Amendment: PAGE 3 West Diamond Properties Inc. and Players Business Park Ltd. (Metrus Properties Limited) Peter Smith, Bousfield Inc. To amend Official Plan Amendment No. 60 -Brookhill Secondary Plan to permit changes in residential densities, refining parkland hierarchy and the accompanying land use schedules. 1.4 Plan of Subdivision: 423 residential unit plan of subdivision consisting of 181 single detached dwellings; 86 semi-detached dwellings, 62 semi-detached/linked dwellings, 94 townhouse units, a park and a Future Development Block. 1.5 Zoning By-law Amendment: 1.6 Site Area: 2.0 LOCATION To change the current zoning on the lands from "Agricultural (A)" to an appropriate zone to permit the proposed development. 32.903 hectares (81.30 acres). 2.1 The lands subject to these applications are located on the west side of Green Road approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). 3.0 BACKGROUND 3.1 In 2003, the applicants submitted a proposed draft plan of subdivision and .application for rezoning. The applications were deemed premature due to the lack of prerequisite studies required by the Official. Plan policies. The applications were returned to the applicants. In early 2004, the applications were resubmitted but lacked the appropriate application fees. In October 2004, the applications were again resubmitted with the correct fees and the applications were accepted for processing. 3.2 On December 6, 2004 the Statutory Public Meeting was held. Staff recommended that the applications continue to be processed subject to the completion of the Brookhill Subwatershed Study and the preparation of a Secondary Plan for the Brookhill Neighbourhood. Later that month, the applicants appealed the applications to the Ontario Municipal Board on the basis that Council failed to make a decision within 90 days from submission of the original application in 2003. However, due to procedural issues the appeal was not heard by the OMB. REPORT NO.: PSD-111-09 PAGE 4 3.3 The Brookhill Subwatershed Study commenced in fall 2002. The funding for the study came from major landowners in the neighbourhood including the applicants. The purpose of the study was to develop a plan to manage the resources of the subwatershed and provide for a framework for municipal planning decisions. The final report was received in November 2005. The study recommended various changes to the Official Plan, which were adopted in March 2008 through Amendment No. 60 to the Clarington Official Plan (OPA 60). 3.4 Based on the recommendations of the Subwatershed Study, the Brookhill Secondary Plan was prepared to detail land uses for the neighbourhood. During the preparation of the Brookhill Secondary Plan, the applicants participated in the design charrettes and public consultation process. Staff met with the applicant on several occasions to discuss the various concepts for the proposed draft plan of subdivision. OPA 60, approved in March 2008, introduced a Secondary Plan for the neighbourhood. No funding for the Secondary Plan was received from land owners. 3.5 A revised subdivision design was forwarded to the Municipality on July 10, 2008. On August 11, 2008 the Municipality received an appeal to the OMB on both the subdivision and rezoning applications, again under Sections 51(34) and 34(11) of the Planning Act, for failure of Council to make a decision in respect of these development applications. A number of pre-hearing conferences, some being teleconferences, were held. commencing in December 2008. This appeal was joined by the appeal to Amendment No. 60 to the Clarington Official Plan. On October 26, 2009, Council approved Modifications to Amendment No. 60. The Modifications were presented to the Ontario Municipal Board, earlier that same day, uncontested. 3.6 Despite the appeals, Staff continued to meet and work through the various issues with the applicants and their agents for these applications. On October 1Ot", 2008 Staff received a revised Draft Plan of Subdivision and rezoning. Sufficient supporting documentation to review the applications was received on October 31, 2008. A second Public Meeting was held in December 1, 2008. Several revisions to the Draft Plan have been received since that time. The final revision was received on November 11, 2009 and is the Plan of Subdivision now recommended for Draft Approval (Attachment 2). 3.7 On June 10, 2009 the applicant submitted an Official Plan Amendment to propose a series of modifications to Amendment No. 60 (OPA 60) as adopted by Council, approved by the Region, and appealed. The amendment reflected discussions between the Brookhill landowners; during the preceding months. Given that Amendment No. 60 was the subject of an appeal by a third party, Mr. Koseck and is still not in force, the application was filed out of caution by the applicant in the event that the approval of OPA 60 was further delayed. 3.8 On June 26, 2009 the applicants were advised that the application was not complete, as the prerequisite pre-consultation information was missing. The application was deemed complete on July 27, 2009. On July 24, 2009, the applicant's solicitor requested Staff not circulate the application or schedule a Public Meeting, in hopes of resolving the modifications to OPA No. 60 and have them presented to the Ontario Municipal Board for deposition thereon. As noted above, the majority of modification to OPA 60 approved REPORT NO.: PSD-111-09 PAGE 5 by Council on October 26, 2009, were consistent with the Official Plan Amendment application submitted by Bousfield's office in July of this year. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject lands are currently being used for agricultural crops. The site is relatively flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the lands. A hardwood forest is located to the west and north limits of the draft plan. A portion of the Maple Grove Provincially Significant Wetland is located on the north limits of the lands subject to this application. (Attachment 3) 4.2 Surrounding Uses North: forested area and the Maple Grove Provincially Significant Wetland South: future apartment development and Smart Centres site East: agricultural fields, Brookhill Tributary, one rural residential dwelling and Clarington Central Secondary School West: Lands associated with Rekker's Garden Centre, and the rear and side yards of rural residential properties. 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement 5.1.1 The applications were reviewed in the context of the 2005 Provincial Policy Statement. New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. Healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. Infrastructure and public services facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. REPORT NO.: PSD-111-09 PAGE 6 Planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. Long-term prosperity, environmental health and social well-being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archeological resources for their economic, environmental and social benefit. Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there are no negative. impacts on the natural features on their ecological functions. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan for The Greater Golden Horseshoe ("Growth Plan") encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit- supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 The Growth Plan requires that infrastructure planning, land use planning and infrastructure investment will be co-ordinated to support growth: Infrastructure includes transit, transportation corridors, water and waste water systems, waste management and community infrastructure. Community infrastructure includes land, buildings, structures for health, education, recreation, socio- cultural activities, safety and security and affordable housing, Planning for growth will take into account the availability and location of existing and planned community infrastructure so that community infrastructure can be provided efficiently and effectively. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan 6.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. A mix of uses such as certain home occupations, convenience stores, public and recreational uses which are compatible with their surroundings are permitted. Limited office development and retailing of goods and services in appropriate locations and as a component of mixed use development may also be permitted in Living Areas provided there are appropriate provisions and designations in the area municipal Official Plan. REPORT NO.: PSD-111-09 PAGE 7 6.1.2 In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: ^ A compact urban form; ^ The use of good urban design principles; ^ The provision of convenient pedestrian access to public transit, educational facilities and parks; ^ A grid pattern of roads; ^ The provision and distribution of parks, trails and pathways and educational facilities; ^ The types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and • The balance between energy efficiency and cost. 6.2 Clarinpton Official Plan 6.2.1 Amendment No. 60 to the Clarington Official Plan was adopted in March 2008 and approved by the Region of Durham on August 5, 2008. Amendment No. 60 was appealed. Council approved modifications to Amendment No. (OPA) 60 on October 26, 2009 and they were presented to the Ontario Municipal Board (OMB) on October 26, 2009 uncontested. Formal approval from the OMB is expected shortly. Any approvals of the subject proposed plan of subdivision and zoning by-law amendment is predicated on the OMB issuing approval of OPA 60 as modified. 6.2.2 Brookhill Secondary Plan Community Structure The draft Plan of Subdivision is consistent with the Principles and Community Structure contained in the Secondary Plan. The neighbourhood is edged by a primary road network being Brookhill Boulevard and Green Road. In the centre, a parkette is surrounded by medium density development, being the Neighbourhood Commons Area. The housing is focused around the parkette with access by rear lanes. Land Use Policies Within the Secondary Plan the subject lands are designated as Low Density Residential, Medium Density Residential, Neighbourhood Commons Area and Parkette: Low Density Residential housing includes single and semi-detached units and limited townhouse dwellings. Coach houses are permitted in restricted areas. Low density development shall be developed on the basis of a maximum of 30 units per net hectare, consistent with the Official Plan policies. Within the Neighbourhood Commons Area, street, block or stacked townhouses and multiple unit buildings are permitted. Medium density shall be consistent with Official Plan policies between 31 to 60 units per net hectare. REPORT NO.: PSD-111-09 PAGE 8 Neighbourhood Commons Square form the central focus of the Neighbourhood Commons Areas. The Square shall be a minimum of 0.8 hectares and shall be surrounded on at least two sides and preferrably three or four sides by public roads. The Square is accepted as parkland dedication required under the Planning Act. Environmental Features A hardwood forest and the Maple Grove Provincially Significant Wetland are adjacent to a Future Development Block. An Environmental Impact Study is required prior to consideration of this block for development. The EIS process is underway. The Subwatershed Study recommended that the sub-tributary bisecting this plan of subdivision could be enclosed in separate system. OPA 60 redesignated the sub- tributaryfrom "Environmental Protection Area" to "Urban Residential Area". Servicing and Finance The Secondary Plan policies require the Municipality to work with the Region and the landowners to develop a plan for phasing extension of services. In addition, approval of development applications shall be conditional upon commitments from the land owners with respect to the timing and funding of required road and transportation facilities, parks and recreation, stormwater management, sanitary sewer and water supply. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Agricultural (A). A Zoning By-law Amendment is required to implement the proposed plan of subdivision. 8.0 SUMMARY OF BACKGROUND REPORTS 8.1 The applicants have provided the following documents in support of the draft Plan of Subdivision. 8.1.2 Phase f and 2 -Environmental Site Assessment The Site Screening Questionnaire prepared by the applicant indicated that an orchard was situated on the site and as such, a Phase 1 Environmental Site Assessment (ESA) was required. Sernas prepared a Phase 1 and 2 Environmental Site Assessment. Soil sampling was conducted to determine the presence of arsenic and cyanide on the site. The soil sampling analysis is within the acceptable levels according to the Ministry of Environment's guidelines for residential uses. 8.1.3 Woodv Vegetation Assessment and Tree Preservation Reoorf Cosburn Giberson Landscape Architects prepared a Woody Vegetation Assessment and Tree Preservation Report in September 2008. This study assessed all existing woody vegetation communities upon the subject lands and provided a summary and REPORT NO.: PSD-111-09 PAGE 9 analysis of all vegetation communities and an evaluation of their preservation priorities within the context of the proposed subdivision. Although the site has been cultivated for many years, the report identified seven woodland units on and adjacent to the site. With the exception of isolated tree specimens on the north and west property boundaries, the majority of the vegetation found within the site is of low landscape value, young stage of life cycle and often contains invasive species. However, there is an opportunity to preserve high landscape value woody vegetation along the north and west subdivision boundaries and within the rear of the lots where lot depths permit. 8.1.4 Archaeoloaica/ Assessment This Land Archaeology Inc. prepared an Archaeological Assessment in 2006, and 2007 for the lands on both sides of Green Road (West Diamond & Players Business Park and 1613881 Ontario Inc.). Stage 1 and 2 assessments of the properties were undertaken. Seven pieces of chert were recovered representing the past occupation of the land by First Nations occupations. None of these areas constituted a significant archaeological site and no further work was required. 8.1.5 Noise /moact Studv Sernas Associates prepared Noise Impact Study for West Diamond and Players Business Park in September, 2008. The study addressed noise generated from vehicular traffic on Green Road and projected traffic volumes from the future Longworth Avenue extension and future Brookhill Boulevard. The report recommended noise abatement measures to meet the noise levels acceptable to the Region of Durham, Municipality of Clarington, and the Ministry of Environment. Noise fencing (1.8 metres high) will be required along locations of Green Road and a portion of a block located on the northwest corner of Brookhill Boulevard and Lane 3. Optional air conditioners can be considered in dwellings fronting onto Green Road and Brookhill Boulevard. The report recommended that a detailed noise impact study be submitted to identify noise mitigation measures and warning clauses to be included in the subdivision agreement once the final grading plans and the building plans are available. 8.1.6 Functional Servicino Studv Sernas Associates prepared a Functional Servicing Study for this site, in October 2008. The drainage from this site is approximately 46 hectares, which includes all lands within the draft plan, the lands north of the draft plan to proposed Longworth Avenue extension and the proposed residential development south of Brookhill Boulevard. The site drains from north to south. The minor system flowing from the subdivision will discharge into a proposed stormwater management pond located on the east side of Green Road and immediately north of Brookhill Boulevard. The proposed pond has been sized to accommodate runoff from the lands west of Green Road and additional lands on the east side of Green Road. Major system flows (overland flow) will be conveyed to the stormwater management ponds via the public road allowances and open ditches on Green Road. REPORT NO.: PSD-111-09 PAGE 10 The West Branch of Brookhill Tributary flows in an easterly direction through the south end of the subject site at the location of the proposed Brookhill Boulevard alignment. The flows from lands west of the development will be captured and conveyed via a clean water pipe and outlet east of Green Road, to a proposed channel which will tie into the east branch of the Brookhill Tributary. Sanitary sewer drainage was accommodated for within the existing 400mm sewer stub provided on Green Road immediately north of Stevens Road and conveyed to the Port Darlington Water Pollution Control Plant via the sub-trunk sewer on Clarington Boulevard. The Brookhill Neighbourhood is within the Zone II water distribution pressure district. Water supply can be provided from the existing 300mm feeder on Boswell Drive and by extending the existing 400 mm feeder watermain northward on Green Road from Stevens Road. 8.1.7 Traffic Impact Study The Traffic Impact Study prepared by Sernas Transtech was submitted in October 2008. The study was based on 461 low and medium density units. The study concluded that access to the site is proposed via Boswell Drive, Brookhill Boulevard and Green Road. The corresponding major intersections impacted by the development are Highway 2 and .Boswell Drive, Highway 2 and Green Road, and the intersection of Green Road. at Brookhill Boulevard. The site will generate a total of 323 vehicle trips during the a.m peak hour with 69 inbound and 254 outbound trips. With full implementation of proposed roadway improvements, including those to accommodate background traffic (existing traffic and retail and residential development with a 2018 time horizon), the introduction of traffic from the proposed residential development can be adequately accommodated by the abutting street system and proposed site access arrangements. Staff reviewed the Traffic Impact Study and did not agree with some of the assumptions made for the timing of the planned road improvements. As such, Staff requested that at "Unified Traffic Study' be prepared to look at timing for the implementation of the road infrastructure for the entire Brookhill Neighbourhood, including Brookhill Boulevard, Clarington Boulevard and Longworth Avenue as well as the supporting grid network outside of the neighbourhood. The more comprehensive "Unified Traffic Study" has not been completed to date. However, a number of road improvements have been reviewed and discussed with the applicant and agents that go beyond the limits of the subdivision. This is discussed further in Section 11 of this report and Attachment 7. 8.2 In accordance with the Brookhill Secondary Plan the applicants have submitted the following studies/reports for Staffs review. These studies have been reviewed and must be finalized prior to registration of the subdivision agreement: REPORT NO.: PSD-111-09 PAGE 11 • Unified Traffic Study • Internal Traffic Study • Energy Conservation and Sustainability Plan • Landscaping Plan • Community Theme and Urban Design Implementation Plan; and • Architectural Design Guidelines 9.0 PUBLIC NOTICE MEETING AND SUBMISSIONS 9.1 A second Public Meeting was held on December 1, 2008. No.member of the public spoke in support or in opposition of the application. No written submissions have been received. 9.2 One resident who resides on Maple Grove Road advised staff that he is concerned that the development will impact wells on Maple Grove Road. 10.0 AGENCY COMMENTS 10.1 A number of agencies have been circulated the proposed plan of subdivision and rezoning application: 10.2 The Clarington Emergency & Fire Services offers no objection provided that the rear laneways comply with all previous indicated concerns i.e. width, parking, snow storage turning radius, hydrant locations. 10.3 The comments from the Clarington Engineering Services Department are summarized below: • Although the ultimate alignment for Longworth Avenue has not been established nor finalized through Block 273, the Municipality accepts the future road and lot configuration it principle. Lands for the future construction of Longworth Avenue extension .must be secured from the west limit of the proposed draft plan to the east limits of the additional lands in which the owner has an interest east of Clarington Boulevard. • Development of the subject lands cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of both the reconstruction of Green Road from the north end of the existing urban section to the north limit of the Plan of Proposed Subdivision (that portion abutting the proposed development) as well as external works or services such as sidewalks and street illumination which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineeing Services. • 5.00 metre road widenings on the west and east side of Green Road are required to be dedicated. REPORT NO.: PSD-111-09 PAGE 12 • All rear lanes shall comply with the approved cross sections contained in the Brookhill Secondary Plan. No underground services will be permitted in the rear lanes with the exception of a local storm sewer. • The future phasing of the draft plan will be restricted by the number of external accesses that are available to the existing municipal road network. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permit in any single phase of the development will be determined at the engineering stage and at the discretion of the Director of Engineering Services. • The stormwater management facility located east of Green Road is not within the limits of the draft plan. The lands assigned for the facility must be adequately sized to provide the level of quality and quantity control required. The lands must be secured prior to draft approval in a manner acceptable to the Director of Engineering Services and the Municipality's Solicitor. • Works will be required on private property to install a clean waterby-pass pipe and transitional grading on the west boundary of the site. Permission from private property owners must be obtained. Parks Division • The land provided for the neighbourhood park is less than the 5% of the land proposed for the development or 1 hectare per 300 dwelling units, prescribed in the Planning Act. Any under dedication of parkland within the limits of development will be required to be provided on lands east of Green Road. • The park is outside the Municipality's budget forecast of park development and as such would need to be constructed entirely by the developer should the development proceed in advance of Council approving the expenditure of funds for the development of said park. • Where a public sidewalk is within the park and in front the homes facing the park, the homeowners will be responsible for snow clearing. • Services in the park for the abutting residential lots will also need to come through the park. Services through the park will be acceptable provided they are located below grade and manhole lids or water valves are located between the park sidewalk and the homes fronting the park. 10.4 The Region of Durham Planning Department provided comments in February 2005 and in April 2009. O>~cia/ Plan Conformity The subject property is designated "Living Area" in the Durham Region Official Plan. Lands within the "Living Area" designation shall be used predominantly for housing purposes and shall be developed to incorporate the widest possible variety of housing types and tenures. The application is in conformity with the Regional Official Plan. REPORT NO.: PSD-111-09 PAGE 13 Provincial Policies and Delegated Review Responsibilities Residential units are within close proximity to Green Road, a Type 'B' Arterial road and therefore a noise report will be required. The site characteristics indicated a high potential for the presence of archaeological remains. An archaeological assessment was prepared and has been cleared by the Ministry of Culture. The subject lands are within proximity of Environmentally Sensitive Area and therefore an Environmental Impact Study is required. Regional Works advises that the site is within the Zone II Water Pressure District in the Bowmanville Water Distribution System. Municipal water is available to the site by extending a 400 mm watermain on Green Road from Stevens Road to the north of the development. A 300 mm watermain will also be required along the proposed rights of way to the north limit of the site with sufficient capacity for the development including fire protection. Municipal sanitary sewer services are available to the site on Green Road at Stevens Road from an existing 450mm sanitary sewer. The sanitary sewer must be extended northerly on Green Road to service the development. Regional Works requested revisions to the Traffic Impact Study, the Internal Traffic Study and Traffic Management Plan to address the impacts of the interim road network with the planned external connections throughout each phase of development. 10.5 Central Lake Ontario Conservation provided comments and conditions of draft approval. CLOC has advised that the. Brookhill Subwatershed Study identified an approved stormwater management scheme for the overall area as well as environmental features and restorative works which are to be undertaken. The proponents land holdings have been separated into two phases of development. Phase 2 lands are subject to the completion of a four season environmental impact study (EIS). A two season EIS is being completed for the Phase 1 lands. This study is assessing the Brookhill Tributary with regard to the recommendations and requirements of the Brookhill Subwatershed Study. The functional servicing report is generally acceptable. It is noted that the proposed stormwater management facility is located off-site on other lands owned by the applicant. Information must be submitted which outlines the ultimate design of the facility including the required water quantity and quality controls for all lands draining to the proposed facility. The details can be satisfactorily addressed through appropriate conditions of draft approval. It should be noted that the design of the facility will also have to be undertaken in accordance with the required restoration requirements to be completed through the EIS being prepared for the Phase 1 portion of the subject development. The submitted tree preservation report has also been reviewed and found to be acceptable. The proposed development adjacent to the significant woodland located to REPORT NO.: PSD-111-09 PAGE 14 the west of the proposed subdivision will have to incorporate any setbacks from this feature as required through the environmental impact studies currently underway. 10.6 The Kawartha Pine Ridge District School Board has advised that approximately 114 elementary school pupils and 49 secondary school students will be generated by the proposed draft plan. However, the anticipated pupil yield from this draft plan, the Future .Development Block and the medium/high density development to the south will depend on the final unit count for these areas. The Board will accept the absence of a public elementary site in this Draft Plan, provided the nearby public elementary school site designated west of Clarington Boulevard and south of Longworth Avenue, be made available in the first phase of development or when 850 building permits have been issued in the Brookhill neighbourhood. 10.7 The Peterborough Victoria Northumberland and Clarington Catholic District School Board has reviewed the applications and have advised that the proposed development will be located within walking distances from St. Elizabeth Elementary School on Longworth Avenue, St. Stephen's Secondary on Scugog .Road and Holy Family Elementary School on Aspen Springs Road. Access for pedestrian walkers should be taken into consideration from this residential area to the schools named above. In addition, crosswalks at major streets should be implemented to ensure safe access when crossing. 10.8 Enbridge Gas has offered no objection and provide conditions of the draft approval to be placed in the subdivision agreement. 11.0 STAFF COMMENTS 11.1 The Neighbourhood Concept 11.1.1 The proposed draft plan of subdivision and rezoning application are located in the Brookhill Neighbourhood of the Bowmanville Urban Area. On October 26 Council approved modifications to Official Plan Amendment 60 (OPA 60). The amendment and modifications were presented to the Ontario Municipal Board (OMB) uncontested earlier that same day. The modifications approved by Council and presented to the OMB were predominantly in response to the amendment filed by the applicant and subsequent discussions and negotiations. The application filed by the applicant is considered to be approved through the modifications to OPA 60 approved by Council. OPA 60 introduced policies in the Clarington Official Plan for the Brookhill Neighbourhood Secondary Plan. The Brookhill Neighbourhood Secondary Plan was developed on the basis of providing a compact accessible community. The road system within the Brookhill neighbourhood is based on a grid network to provide for connectivity throughout the neighbourhood, to the West Town Centre and the balance of Bowmanville. Green Road, Clarington Boulevard and Regional Road 57 are the north- south spines with Brookhill Boulevard and the extension of Longworth Avenue forming the east-west connections. Internal streets form a smaller grid offering pedestrian connections and options for vehicular travel. REPORT NO.: PSD-111-09 PAGE 15 11.1.2 The central part of the neighbourhood, east of Green Road contains the majority of the significant community facilities for the neighbourhood. The Brookhill Tributary is part of the interconnected Greenlands System forming a central spine for the community which is to be accessible and visible to residents. It links the natural features, a neighbourhood park, on the east side; a parkette, on the west side; stormwater management facilities, on both sides; and an elementary school site, also on the east side within the neighbourhood. The Brookhill tributary, the community facilities and portions of Clarington Boulevard and Brookhill Boulevard are located on lands owned by 1613881 Ontario Inc. 11.1.3 West Diamond lands occupy approximately one third of the neighbourhood .(south of Longworth Ave.) but are planned to site over 45% of the total residential units. The central parcel between Clarington Boulevard and Green Road is owned by a Metrus company 1613811 Ontario Inc. It also comprises one third of the neighbourhood but incorporates up to approximately 15% of the residential units. Most of the community facilities, including the stormwater ponds servicing the West Diamond lands are located on the 1613811 Ontario Inc. lands. In order to provide for the phased servicing of the neighbourhood and ensure that certain facilities were built when required, a Memorandum of Understanding. was developed as outlined in Section 11.3, below. 11.2 Proposed Draft Plan of Subdivision 11.2.1 The draft plan of subdivision has been divided into two phases since the northerly portion is adjacent to a Provincially Significant Wetland. This feature triggers an Environmental Impact Study (EIS) required to determine limits of the features and .appropriate buffers. The EIS for the PSW has commenced and is a four season study not expected to be completed until late in the fall of 2010. Identifying the lands within the limits of Block 273 as lands for future development, and subject to future applications, allows the EIS to be completed while allowing an application to be processed on the lands to the south. 11.2.2 The Neighbourhood Commons Area consists of a 0.8 hectare Neighbourhood Commons Square (parkette), Block 270 and surrounding townhouse lots and smaller single and semi-detached lots. The park size is less than the total parkland dedication required under the Planning Act for this development. The balance of the parkland dedication for this development is provided for on the lands outside of draft plan and east of Green Road, in keeping with the Greeniands System. These lands are owned by 1613881 Ontario Inc. Through a separate agreement (Memorandum of Understanding (MOU)), any under dedication of parkland required from the combined two parcels on either side of Green Road will be provided as a cash contribution. The conditions of draft approval require the Owner to pay for the construction of the park, Block 270, should they wish to proceed in advance of Council approving funds for its development. 11.2.3 Within the proposed draft plan of subdivision, the grid pattern is interrupted, in keeping with the Demonstration Plan, appended to the Secondary Plan, to discourage traffic cutting through the neighbourhood between the future extension of Longworth Avenue and the commercial development within the West Town Centre. REPORT NO.: PSD-111-09 PAGE 16 11.2.4 This development is the first proposed plan of subdivision within Clarington containing municipal rear lanes in accordance with the policies of the Brookhill Secondary Plan. Lanes are used for vehicular access to the lots abutting the Neighbourhood Commons Square (parkette) and Brookhill Boulevard. This allows for housing forms facing the street without the appearances of garages and driveways. Housing on Brookhill Boulevard will have rear lane access. These homes are mix of small lot singles, semi- detached and townhouse units. The absence of garages and driveways will provide more. opportunity for on-street parking and better urban design. It will also provide a transition to the higher density development which will occur south of Brookhill Boulevard. 11.2.5 The Neighbourhood Common Square has frontage on two streets and flanked to the north and west by a mix of singles and semi-detached units which are access by a rear lane. The twenty four (24) dwellings will have front doors facing onto the parkette. This provides for a good interface with the parkette from an urban design point of view and is efficient for the developer as no road is required. This layout is being considered here on a trial basis. 11.2.6 The draft plan also provides for a mix of lot sizes to permit various housing forms. Singles, semi-detached, semi-detached/links and townhouses are inter-dispersed providing for a diverse streetscape. "Cap-end units" are proposed to provide a greater number of small units with a more architecturally pleasing corner unit by placing the garage facing the side street. This reduces the number of driveways on the other, usually busier street. The amenity area for this unit is limited to a courtyard facing the side street rather than a typical rear yard amenity area. Cap-end units will be in the form of linked dwellings. y,~ s i'~ihii~ ~~x I ya i ~ !Ij~f ~!I ~ wa®siNC~ts~nm ~~ 1 ~ 1d'V ~Flankage view o1 Cap end Llnk Seml ('A') watchorn~~,..( I me munidws~y orehdngion I REPORT NO.: PSD-111-09 PAGE 17 11.2.7 The Brookhill Secondary Plan contains policies for Environmental Sustainability and Energy Conservation. As a condition of draft approval Players & West Diamond is required to prepare an Environmental Sustainability Plan which identifies specific measures on how this development will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources including heritage resources. The report shall include the following: • Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; • "Solar Ready' construction that allows for the future installation of solar panels in each dwelling; • Water conservation measures for new homes such as the Water Sense program or equivalent program; • Use of local and environmentally friendly materials or finishes in the dwellings; • Construction waste management plan to optimize the use of buildings and reduce waste generated; and • The preparation of a `Green Initiative' hand-book on educating homeowners on the maintenance and performance of the home and its effects on the community. 11.2.8 The zoning by-law amendment has been drafted to implement the proposed lotting pattern as contained in Attachment 2. It includes provisions for units having frontage on a public rear lane, as well as the proposed cap-end units. In order to provide additional flexibility, many of the zones allow more than one form of housing with similar but slightly different lot frontage and lot area requirements. In order to ensure the number of units registered is consistent with the draft approved plan a new provision is proposed in the attached by-law. After the zone symbol, in brackets with a letter "T" is a number representing the maximum number units allowed in a particular zone boundary. 11.3 External Infrastructure and the Memorandum of Understanding 11.3.1 Through the Financial Impact Study completed in 2008 and the review of the subject applications concerns with the need for external infrastructure to support this development, as well as the Municipality's ability to control timing of the infrastructure was .identified as an issue. The capital works for any neighbourhood are generally outlined in the Development Charges Background Study. The specific timing of the works depends on whether the required works have been scheduled in the Municipality's capital budget and forecast. Consistent with the policies of the Official Plan, staff negotiated with the landowners, phased dedication, timing and funding of transportation infrastructure as well as community facilities required to support this development. A Memorandum of Understanding (MOU) was negotiated to address a number of issues, their timing and financing. A summary of the MOU is contained in Attachment 7. REPORT NO.: PSD-111-09 PAGE 18 11.3.2 From a transportation perspective the recent announcement of the GO Train extension to Bowmanville meant that the reconstruction of the Green Road underpass could not proceed as initially planned. Without Green Road connecting traffic from the proposed development to Baseline Road, Highway No. 2 was considered to be negatively impacted by trips generated from this development. Staff worked with the applicant and their consultants to find alternative road connections to disperse the traffic, and minimize the impact on Hwy 2 as this proposal and the Brookhill neighbourhood develop. 11.3.3 An agreement, MOU was negotiated dealing with a number of provisions and triggers for the transfer of lands for sections and construction of; Prince William Boulevard from its current terminus at Pethick Street to Regional Road 57, Brookhill Boulevard to Clarington Boulevard, Clarington Boulevard northerly to Longworth Avenue, and Longworth Avenue from the west limits of the subdivision to Clarington Boulevard. The agreement provides for their construction and performance guarantee obligations of Players, West Diamond and 1613881. 11.3.4 The proposed plan of subdivision provides fora 0.8 ha Neighbourhood Commons Square (parkette) in the centre of the development. However, the neighbourhood park and public elementary school for the Brookhill neighbourhood are located east of Green Road. Currently there is no proposed plan of subdivision application on these lands. In order to ensure that these facilities are available to serve the needs of the residents as the Brookhill neighbourhood develops the MOU also contains triggers for the transfer of the neighbourhood park east of the Brookhill Tributary, the parkette west of the tributary, and temporary access, if necessary, to the neighbourhood park and abutting elementary school. The agreement also provides triggers for the transfer of the Brookhill Tributary lands and their required buffer to be identified through the Environmental Impact Study currently underway. 11.3.5 The Brookhill Tributary lands between the Longworth Avenue extension and the Regional Road 57 are being examined through the EIS. This part of the tributary crosses lands owned by both William Tonno Construction Ltd, eastern portion abutting Regional Road 57 and 1613881's lands, western portion abutting Green Road. A Naturalization Plan will be prepared by Players West Diamond and 1613881 pursuant to the Brookhill Secondary Plan. The MOU provides for the Municipality to have the option to purchase the Brookhill Tributary lands on 1613881's lands south of the Longworth Avenue extension. for a nominal consideration at a time selected by the Municipality which is not earlier than the day on which approval of a draft plan of subdivision for part of the 1613881 lands east of the Tributary is approved and 18 months after the Director of Planning Services approves the relevant part of the EIS.. Players West Diamond and 1613881 will pay the Municipality $100,000 to be spent at its discretion on the Tributary lands to implement recommendations of the Naturalization Plan and/or the applicable EIS as finally approved. A portion of this may also be used as a contribution for constructing a trail system. REPORT NO.: PSD-111-09 PAGE 19 Provision is made in the MOU for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands to the Municipality for a nominal consideration once the EIS for that area is complete. 11.3.6 Players, West Diamond and 1613881 Ontario Inc. own lands currently subject to a mortgage in favour of the Royal.Bank of Canada. A Postponement Agreement between the Royal Bank of Canada, Players and West Diamond and 1613881 Ontario Inc. has been prepared and recommended for approval. 11.4 Tax Status The Finance Department has advised that, as of drafting of this report, the taxes have been paid on the subject lands. 12.0 CONCLUSIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan, including the recent modifications to Amendment No. 60 to the Clarington Official Plan. The applicants concur with the Conditions of Draft Approval. In consideration of the comments contained in this report and subject to the execution of the Memorandum of Understanding, Staff respectfully recommend that the application for Official Plan Amendment be considered approved in the context of the modifications to OPA 60 and the -file close, and that the OMB be requested to approve the proposed Plan of Subdivision as contained on Attachment 2 subject to the Conditions of Draft Approval as contained in Attachment 4, and the rezoning as contained in Attachment 5. Attachments Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Brookhill Tributary and Provincially Significant Wetland Map Context Map Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - By-law Authorizing Subdivision Agreement Attachment 7 - Memorandum of Understanding Summary (Under Separate Cover) Attachment 8 - By-law Authorizing Execution of Memorandum of Understanding Attachment 9 - By-law Authorizing Execution of Postponement Agreement REPORT NO.: PSD-111-09 PAGE 20 Interested parties to be advised of Council's decision: West Diamond Properties Inc. and Players Business Park Ltd. Peter Smith, Bousfields Lillian and John Bouma Michael Durocher Mark Koenig Wayne and Cathy Bolahood Nick Mensink Cora Tonno Ian Rohr and Phil Litowitz Bob Annaert John Farmer Reg Webster Greg Milosh Carmella Cupelli Roslyn Houser, Goodmans Robert Howe, Goodmans ATTACHMENT1 TO REPORT PSD-111-09 2 lA m C SaV a ltll OIW3tl WVH IYJ a w N ~+ J A p W ~' Y O ~.N 01 ~ as > ~ o m - - o~o c m ay o ~ ~ E A ~ ,e Wa. ~' y a Q = c ~ ~y ow 0 3 ow o N N~ N T R m R ovoa n3aa~ aroa ~ V ~ ~ m ~ Na ~'d ~ ~ N c d A ~ 'c ~ d ~ N ma o c R a 3 eosweu oa 0 ~ ~ r V ti = ~< W 3 ~ sg zF oz z z 5y o ~ 1 ¢o ~_~~ adoa N33a~ 1 . .. - - 0 _r - -- _ / YI I l~r~ 1 -_ ~ ,~ g, s~ ~ .s L ~' SS~@ ~I E ~~ . ~ ft , ft ~ y ~ 1 I I ~~I 1 i%T,, ~ ~ i ~ ~ r-l 11 ~ ~ ~ ~ va ~ ~ ~ -- _ ` 1 1 I f_Jiilr~~ r, I ~ .. ~ ^r ~ d I III I I . x £~ ~' 6 ~ , I I r--i 3~~$ . II I I f-- - - ~a, s" ~r§a -- w ~ -- 8 ~ @ I I 1 I 1 r I I I I 1 1 ~, ro ro , ., k p, aw x 7!€' a y 'a ®a a a~ ~ a. ~ ~ I I l o l- I __I I 1 i I I I ~ I III I l a3aur~~ o ~ w, a.[° ~ r.: ~ z a t'p~ „ p'W :id's { / ~ ~ ~ a~pl. ~~ £ ~ w ~ I I ~~~ I II ~ 1_J ~I f S°.m ~ 3 ® e ~s: 4:€° b ~ 1 , .I I I I ~i $ I I L_~ I ~~ !-; o Is I~~_,,I 11j1 ~z . r > '' ~-' Rae; ;,~- ~ ~ z~% o°3 a3~ 9ri? ~a~~~ a~aa ost= ~ "~ ~ ,~ ~ p p l l ~ l J ' ~ ~'~ ~ ,r Z 1 ~ _ ~ o n s a ~`~'L....., .. A l _ ~pg0 ~ f-TI ~~r'~ I I I ~ m :1 1 I ~ ..,~ _ o '~_ L. „ . e., L to bft:WWArt x4 x'~9 " a ~ ~~--- 1 1111 II Q 1'1 I ICI I I iYrva ATTACHMENT2 TO REPORT PSD-111-09 MGi1BLE rea ~ wvnnrn ^urr m .T u.maa o&S a ma~pnan iOIK PO1D8 ]3.809 Net TOTAL von 1.1tl N UNITS ~ m TOTAI J]> unl6 IEGEND ...r..~..rr So.rran as.Na.~eie,r -'-'-'-'-" bbb.L Lent M+af NOif$ Nle4mmenearennreen Auarc~ m..fr..r.,e.N.r.m+rvl.,9e~arame. Nlamatrna reMwGeMNCOaVn NIeJTNq b1b98 4la CerMMe1. ADCIIIONAI WEORMAiION REOURED UNDER SECTION 511171 OF ilE PUWNNG ACL c. Pmlpna Yd onW tr/SV egYanlwln WYCn bvaROParr~ Nr an Nmreer x u. w].ny la n anon o, ug Nn far. D Maa. SONIS.3ert4EeWlW.O9TH,lam TV.mlwa. Mm]flaum. PN. RMYManiy Fu4e CerebpneM. 6 Raatla. RryweMrbM pMMf. I. Gtlbm W. F. SeNay ONOrm uwenb MpoMN. SURVEYORS CERIIRCARE r.,wr srmruum. m.rmwo~urelerra~esa u9a q.~ aye ~nNrraemeNPm `~. v.e m" `am„wrv .ro mmaW arc.. sE>: oNCTTU su]Nasaox OWNERS ANHORIZA910N p„e WI:Si OWMOND PROPERRFS INC. PIAYERS BUSINESS PARK LiD. aupaMZe WB01~$LDSeIN'C bNpepsre~r enO v4M a GnN pu N wMA W n M eryrartl. ,rt oac;Nn suRnNROr] .. .. . i rzo o ~ =om I~.~®J S-C-2004-004 RENBED DRPR PW1 Of PROPOSED SUR`.N1GCN PART OF lOi I7. CONCFSSKJN R IOEDGPAAIK. TOWNSHIP OF DARNNGiONJ NOW IN WE MUNCIPALIIY OFCWXN6TON REGNJNLLMUNgPALRY OF gPoNM ATTACHMENT3 TO REPORT PSD-111-09 Nash Road ~, ~ ~ ®®® ~~^ ~y ~ ~' M MM1 L Q ~ ~ ~ ' ~ ~ I 4 ` ~ ~ ~ ~ ry O I ~ r,4 ~' ~ ' ~ Provinciaay 1 ~ Significant e Wet/ands 1~''~0 ~ 'pie. Brookhi// Secondary ~ ~1c'ee Planning Area Boundary ~ ~ Neighbourhood "' Park .. Parkette ~ Longworth Avenue ,- sa ~~''~ ' Pub/ic ' ~'; ~~ ~r;>>ss Elementary ;;,;~s'' School m ~ Broo/rhi// Tributary o Va/ley/ands PHASE I U \e~a~ ' • e~O°K~a\epO ' t .. •••. ~-. _ .~ ~ West Diamond/ 1613811 Ontario Inc. P/ay'ers Business Park Ltd. ' ~ ~ `.,. ~, Durham Highway 2 N 0p°~eJa`a ~~,~C~am P~`O ATTACHMENT 4 TO REPORT PSD-111-09 CONDITIONS OF DRAFT APPROVAL - S-C-2004-004 (West Diamond 8 Players Business Park) Date: November 11, 2009 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the. basis of approved draft plan of subdivision S-C-2004-004 prepared by Bousfields Inc. identified as job number 0147-1-75pd, dated November 10, 2009 which illustrates 423 residential units consisting of 181 single detached units, 62 semi/link units, 86 semi detached units, 94 townhouse units, a neighbourhood park block, roads, lanes, road widenings, 0.3 metre reserves, and a Future Development Block. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey a 5.00 metre road widening (Block 272), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Green Road. 5. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where collector roads and local roads (Brookhill Boulevard Extension, Street D and Street B) intersect with Green Road. 6. The Owner shall convey Block 271 on the draft plan to the Municipality of Clarington for the extension for future Brookhill Boulevard. 7. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 8. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 9. Prior to execution of the Subdivision Agreement, the Owner shall execute and cause to be registered on the title to the lands to which it applies a Memorandum Conditions of Draft Approval (S-C-2004-004) Page 1 v of Understanding with the Municipality of Clarington and such other persons as the Municipality of Clarington Director of Planning Services and Director of Engineering Services deems to necessary providing for the transfer of lands to the Municipality and the provision of certain external works and services within the Brookhill Neighbourhood as defined in the Municipality's Official Plan. The Memorandum of Understanding shall include among other matters the timing and terms of the transfer of lands to the Municipality, and timing of construction and costs associated with the external works and services. These include but are not limited to: • The construction of Brookhill Boulevard between Green Road and the easterly boundary of lands owned by 1613881 Ontario Inc.; • The construction of Clarington Boulevard from its current terminus to future Longworth Avenue extension; • Transfer of lands for Longworth Avenue, from the westerly most boundary of S-C 2004-004 to Clarington Boulevard; • Transfer of 5.00 m road widening on the east side of Green Road along the full frontage of the lands owned by 1613881 Ontario Inc.; • Transfer of parkland on the east side of Green Road on the lands owned by 1613881 Ontario Inc; • Transfer of Open Space lands on the east side of Green Road; • Transfer of Open Space lands on the west side of Green Road, north of Longworth Avenue; • An option to purchase lands for an elementary school on the west side of Clarington Boulevard including appropriate access and servicing; and • The construction of Prince William Boulevard from its current terminus to Regional Road 57. 10. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval prior to the execution of a subdivision agreement. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time and the Community Theme Plan and Urban Design Implementation Plan as approved. 11. The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the Director of Engineering Services and the Director of Planning Services. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. Changes to the final plan may be required to accommodate tree preservation needs. 12. The Owner agrees to provide a revised On-Street Parking Plan to the satisfaction of the Director of Engineering Services. The on-street parking plan must meet the approved on-street parking criterion. Conditions of Draft Approval (S-C-2004-004) Page 2 13. The Owner shall prepare an Internal Road Network Review to assess the traffic movements within the Plan of Subdivision and identify areas where traffic calming may be required. The study shall includes the recommendations. of the on-street parking plan and recommends the appropriate measures to be used, such as textured asphalt, bump outs or landscaping measures. This study shall be prepared to the satisfaction of the Director of Engineering Services and Director of Planning Services. 14. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and the Director of Engineering Services. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2004-004, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources including heritage resources. As a minimum, the report shall address; i) Energy conservation. measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ii) "Solar Ready".construction that allows for the future installation of solar panels in each dwelling; iii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iv) Use of local and environmentally friendly materials or finishes in the dwellings; v) Construction of waste management plan to optimize the use of buildings and reduce waste generated; vi) The preparation of a Green Initiative hand-book on educating homeowners on the maintenance and performance of the home and its effects on the community. 15. The Owner shall prepare a Community Theme and Urban Design Implementation Plan to the satisfaction of the Director of Planning Services and the Director of Engineering Services. This Plan shall identify how design principles for the public realm as contained in the Brookhill Secondary Plan and the Urban Design Guidelines will be implemented, including but not limited to gateway treatments, landscape treatments, pedestrian connections lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. The report will detail specific implementation standards. Conditions of Draft Approval (S-C-2004-004) Page 3 16. The Owners shall be 100% responsible for the cost of preparing Architectural Design Guidelines specific to this development for the private realm implementing the Brookhill Secondary Plan and the Urban Design Guidelines. The Owner will be 100% responsible for the cost for the control architect to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 17. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time as the architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. 18. The Owner agrees to apply for Site Plan approval and enter into a Site Plan Agreement with the Municipality of Clarington for the development of Lots 186 to 191. The dwellings on these lots shall require high quality architectural design and lots shall have upgraded landscaping design. Only detached garage located in the rear yards will be permitted on Lots 187 to 190. 19. The Owner agrees to undertake specific design for the dwelling situated on Lot 37. The design shall be approved by the Control Architect and the Director of Planning Services. 20. The subdivision shall be developed in phases by more than one registration. The Owner shall submit plans showing the proposed phasing to the Directors of Engineering Services, Planning Services and Finance for approval. Block 270, Park Block shall be included within the limits of the registration of Phase 1. A copy of the approved Phasing Plan shall be provided to the Region of Durham. The Municipality shall require the preparation of a separate subdivision agreement for each phase of the development. 21. The Stormwater Management Facility for this draft plan is located on the east side of Green Road. Prior to execution of the Subdivision Agreement the exact limits of the lands for the Stormwater Management Facility including the clean water channel must be determined by the Director of Engineering Services upon completion of an Environmental Impact Study for the Brookhill Tributary. The limits of this facility shall be identified by a reference plan and must be secured in manner acceptable to the Director of Engineering Services and the Municipality's Solicitor. The Stormwater Management Facility must be adequately sized to provide the level of quality and quantity control required to service these lands. The Owner agrees to construct the Stormwater Management Facility including the clean water channel in a manner acceptable to the Director of Engineering. Any costs associated with the culvert under Green Road connecting the clean water pipe to the cold water channel will be 100% the responsibility of the Owner, 22. Prior to execution of the Subdivision Agreement or -any other agreement, including but not limited to rough grading or pre-servicing, the Owner shall provide to the Director of Engineering Services, written permission from adjacent Conditions of Draft Approval (S-C-2004-004) Page 4 private property owner(s) to carry out any grading on private property. This permission must be obtained in writing in a manner satisfactory to the Director of Engineering Services and the Municipal Solicitor. 23. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 24. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement. 25 The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 26. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external capital works which have been approved by Municipal Council. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be at the discretion of the Director of Engineering Services. 27. The Owner agrees to construct in conjunction with Phase 1 Brookhill Boulevard from Boswell Drive to Green Road at 100% Owners cost as directed by and to the satisfaction of the Director of Engineering Services. The Owner will be 100% responsible for the costs associated with providing full municipal services including but not limited to sidewalks, illumination, and associated landscaping to accommodate development on the south side of Brookhill Boulevard. 28. The Owner shall convey Blocks 270 to the Municipality of Clarington for park or other public recreational purposes. The Owner agrees that Block 270 is less than 5% parkland dedication or 1 hectare per 300 dwelling units specified in the Planning Act. Dedication of additional parkland shall be in accordance with the provisions of the Memorandum of Understanding. 29. The Owner acknowledges that development of the parkette, being Block 270 is not within Municipality of Clarington's capital budget. Development cannot proceed until such time as the Municipality has approved expenditures of funds for the development of the parkette in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance for this development. Conditions of Draft Approval (S-C-2004-004) Page 5 Should the Owner wish to proceed in advance of the approval by the Council of the Municipality of Claririgton, for the expenditures for the works required by the Director or Engineering Services, the Owner shall be 100% responsible to construct the park (Block 270) in its entirety. The Owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan, followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in Block 270 shall include, but not be limited to: • Water play area with rubberized surface • traditional playground with equipment suitable for junior and senior age children • hard surface play court (i.e. basketball, ball hockey) • shade structure • park furniture such as benches, picnic tables, waste containers, bike racks as appropriate • paved walkways connecting various park features to surrounding streets • walkway lighting tree and shrub planting as appropriate • park sign • sidewalk through the park • park entirely sodded. 30. The Owner agrees to commence construction of the. park in Block 270 prior to issuance of 151St building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. 31. The Owner shall implement a tree planting program for all lots in accordance with the guidelines to be established or terms approved by the Municipality. 32. All lots which do not have frontage on a completed section of roadway will be placed on hold with no building permits issued until such time as these roads have been constructed. Alternatively, a temporary turning circle can be provided with suitable easements for snow storage. Lots fronting the temporary turning circle will remain frozen until such time as the roads are extended and constructed to a finished urban profile including Regional services, asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building permits for designated "frozen lots" will be determined by the Director of Engineering Services. 33. The Owner shall be 100% responsible for the costs associated with the removal of the temporary turning circle at the north terminus of Boswell Drive and the construction of the Boswell Drive to a full urban profile including full municipal services, asphalt paving, curbs, gutters, sodded boulevard, sidewalks and illumination. Conditions of Draft Approval (S-C-2004-004) Page 6 34. The Owner shall be 100% responsible for the costs of installing fencing in the location specified in accordance with Municipal specifications standards and policies, to the satisfaction of the Director of Engineering Services. 35. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. 36. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 37. That the Owner shall retain a Professional Engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 38. All works shall be constructed in accordance with the Municipality of Clarington standards. 39. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 40. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully 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 Subsection 2.6.3.4 of the Ontario Fire Code. 41. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 42. The Owner agrees that where the well or private water supply of any person is interfered with as a result 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 interterence. 43. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any existing wells on the property have been decommissioned in accordance with applicable Ministry of Environment standards. Conditions of Draft Approval (S-C-2004-004) Page 7 44. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 45. That the Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 46. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 47. Prior to final approval, the proponent shall engage a qualified. professional to carry out to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire property, and mitigate through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that .all archaeological resource concerns have been met including licensing and resource conservation requirements. 48. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: i) the intended means of conveying stormwater flow from the site, including -use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater techniques/facilities must be designed and implemented in accordance with the Brookhill Subwatershed Study. The submitted report shall address all lands which will drain to the proposed stormwater facility. ii) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and iii) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Federal Fisheries Act; and Conditions of Draft Approval (S-C-2004-004) Page 8 49. Prior to site grading, construction, or registration of the plan, the applicant shall complete the Environmental Impact Study for the lands east of Green Road in order to determine the top of bank for the proposed Stormwater Management Facility including the clean water channel. The EIS shall be undertaken in accordance with the requirements and recommendations of the Brookhill Neighbourhood Subwatershed Study. 50. The applicant shall submit for review and approval arestoration/enhancement plan for the Brookhill tributary, which is in accordance with the requirements and recommendations of the Brookhill Tributary Subwatershed Study and the Environmental Impact Study. 51. The Owner shall satisfy all financial requirements of .the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the Approved Authority Fee Schedule. 52. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) the Owner agrees to carry out the works to the satisfaction of the Central Lake Ontario Conservation Authority. ii) the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority. iii) the Owner agrees to advise the Central Lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of any on-site works. 53. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of the fully executed subdivision agreement with the Municipality 54. The Owner shall submit to the Municipality of Clarington and Regional Municipality of Durham, for review and approval, an updated noise report, based on the preliminary Noise Impact Study, prepared by Sernas Associates September 2008, Project No. 08314. The study shall be based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the. plan. Conditions of Draft Approval (S-C-2004-004) Page 9 55. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected utility providers and the Director of Engineering Services. 56. The Owner shall grade all streets to final elevation prior to the installation of the services and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of local utility provider and to the Director of Engineering Services. 57. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed developmeht to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the Municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 58. The Owner shall agree to provide easements that may be required for telecommunications services to the satisfaction of the service provider and the Director of Engineering Services. Easements may be required subject to final servicing decisions. 59. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 60. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. Conditions of Draft Approval (S-C-2004-004) Page 10 61. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 62. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act. ii) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. iii) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: "Students from this area may have to attend existing schools. Although a public elementary school site has been identified within the Brookhill Neighbourhood; the school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school." "Homeowners adjacent to the neighbourhood park are responsible for snow removal from the sidewalk adjacent to the property" "Purchasers and tenants notified that there are existing farming and greenhouse operations nearby and that they will not object, complain or seek legal action against such nuisances as noise, odour and .illumination from the near by green houses resulting from these operations" iv) Owner agrees to implement those noise control measures recommended in the Noise Report. 63. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: i) Regional Municipality of Durham, how Conditions 2, 23, 43, 44, 54, 59, 61, and 62 have been satisfied; ii) Central Lake Ontario Conservation, how Conditions 48, 49, 50, 51 and 52, have been satisfied; Conditions of Draft Approval (S-C-2004-004) Page 11 iii) Enbridge Gas Distribution Inc., how Conditions 55, and 56 have been satisfied; iv) Bell Canada, how Conditions 57 and 58 have been satisfied; and v) Ministry of Culture, how Condition 47 has been satisfied. NOTES TO DRAFT APPROVAL 1: If final approval is not given to this plan within six years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning-Services for the Municipality of Clarington well in advance of the lapsing date. 2. The Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3 iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby Ontario LIN 6A3 iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J 1 P8 v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,.100 Borough Drive, Scarborough Ontario M1 P 4W2 vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor Toronto, Ontario M7A 2R9. Conditions of Draft Approval (S-C-2004-004) Page 72 ATTACHMENT 5 TO REPORI- PSD-111-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former of Town of Newcastle for ZBA 2004-049; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended, as follows: Section 26 "INTERPRETATION" is hereby amended by adding the following new Section 26.4 as follows and renumbering existing Sections 26.4 to 26.6 inclusive. On occasion, the zone symbol on the schedules may be followed by one or more letters and numbers enclosed in brackets. The information provided in the brackets indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total numbers of units permitted is indicated by the letter "T" followed by a number. For example, "R1 (T: 0.65)" indicates that a maximum of 65 units may be developed. 2. Section 12.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.79 URBAN RESIDENTIAL EXCEPTION (R1-79) ZONE Notwithstanding Sections 3.1 g.; j. i) and iv); 3.16 i. iv); 3.22; 12.1; 12.2 a); b); c); d) i), ii), iii), f); h); i), those lands zoned R1-79 on the Schedules to this By-law shall only be used for single detached and linked dwellings, subject to the following zone regulations: a. For the purpose of this Section, the term: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. b. Lot Area (minimum) i) single detached dwellings with minimum of 11.6 metre frontage 345 square metres ii) single detached dwellings with minimum of 12.8 metre frontage 380 square metres iii) .linked dwellings 585 square metres c. Lot Frontage Interior (minimum) i) single detached dwelling 11.6 metres ii) single detached dwelling 12.8 metres iii) linked dwellings 19.6 metres d. Lot Frontage Exterior (minimum) i) single detached dwelling 14.5 metres linked dwellings 22.2metres e. Yard Requirements for single detached dwellings (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres on one side and 0.6 metres on the other side Yard Requirements for linked dwelling (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres g. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1.5 metres. ii) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. iv) Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) 1 Storey a) Dwelling 50 percent b) Total of all buildings and structures 55 percent ii) All other residential dwellings a) Dwelling 45 percent b) Total of all buildings and structures 50 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage i. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre Height (maximum) i) 1 storey ii) all other residential units 8.5 metres 12.5 metres k. Linked dwelling driveway width (maximum) 4.6 metres L Garage Requirements all garage doors shall not be located anybloser to the street line than the dwellings front wall or exterior wall or covered porch projection. 3. Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.37 URBAN RESIDENTIAL EXCEPTION (R3-37) ZONE Noiwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h. those lands zoned R3-37 on the Schedules to this By-law shall only be used for single detached; semi-detached dwellings, and street townhouse dwellings having frontage on both a public lane and a public street, subject to the following: a. For the purposes of this Section, the terms Dwelling, Semi Detached shall mean a building separated vertically into two separate dwelling units, connected by a common wall, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width of 10 metres or less which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the yeas b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) 225 square metres ii) lot frontage (minimum) 7.5 metres c. Semi-detached shall be permitted as follows: i) lot area (minimum) 400 square metres ii) lot frontage (minimum) 13.4 metres d. Street townhouse dwelling shall be permitted as follows: i) lot area (minimum) 180 square metres ii) lot frontage (minimum) 6.1 metres e. Yard Requirements (minimum) i) front yard or exterior side Yard - abutting a road allowance that is 20 metres wide or less 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) front or exterior side yartl - abutting a road allowance that is 23 metres wide or greater 4.0 metres to dwelling; 2.0 metres to the unenclosed porch; iii) interior side yard (minimum) a) single detached dwelling b) semi-detached dwelling 1.2 metres on one side and 0.6 metres on the other side 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone iv) rear yard a) dwelling to a public lane 13 metres b) garage to a public lane 1.0 metres Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres. ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-37 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) single and semi-detached dwelling 40 percent ii) single and semi-detached dwelling and total of all buildings and structures 50 percent iii) townhouse dwelling 45 percent iv) townhouse dwelling and total of all buildings and structure 55 percent v) Notwithstanding the above lot coverage provision, a covered and unenclosed porchlbalcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porchlbalcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage i. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre j. Height (maximum) 12.5 metres k. No parking space shall be located in any front or exterior side yard. 4. Section 14.6 `SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.38 URBAN RESIDENTIAL EXCEPTION (R3-38) ZONE Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h; and 14.4. those lands zoned R3-38 on the Schedules to this By-law shall only be used for single detached; semi-detached. dwellings, and street townhouse dwellings having frontage only on a public lane, subject to the following: a. For the purposes of this Section, the term Dwelling, Semi Detached shall mean a building separated vertically into two separate dwelling units, connected by a common wall, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width less than 10 m which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) 225 square metres ii) lot frontage (minimum) 7.5 metres c. Semi-detached dwelling shall be permitted as follows: i) lot area (minimum) 400 square metres ii) lot frontage 13.4 metres d. Street Townhouse dwellings shall be permitted as follows: i) lot area (minimum) 180 square metres ii) lot frontage 6.1 metres e. Yard Requirements (minimum) i) front yard a) dwelling 13 metres b) garage 1.0 metres ii) interior side yard (minimum) a) single detached dwelling 1.2 metres on one side and 0.6 metres on the other side b) semi-detached dwelling 1.2 metres, nil where building has a common wall with any building on an adjacent lot located In an R3-38 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-38 zone iii) exterior side yard 3.6 metres to dwelling; 1.5 metres to the unenclosed porch iv) rear yard 3.0 metres to dwelling; 1.2 metres to the unenclosed porch Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-38 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres .with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required rear or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) dwelling 40 percent ii) total of all buildings and structures 55 percent iii) notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre i. Height (maximum) 12.5 metres 5. "14.6.39 URBAN RESIDENTIAL EXCEPTION (R3-39) ZONE: Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3; a.; b.; c.; e.; g.; and h; and 14.4. those lands zoned R3-39 shown on the Schedules to this By-law shall only be used for linked dwellings and street townhouse dwellings, subject to the following zone regulations: a. For the purposes of this Section, the terms: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lot Area (minimum) i) linked dwelling 585 square metres ii) townhouse dwelling 185 square metres b. Lot Frontage Interior (minimum) i) linked dwelling 19.6 metres ii) townhouse dwelling 6.6 metres c. Lot Frontage Exterior (minimum) i) linked dwelling 22.2 metres ii) townhouse dwelling 10.0 metres d. Yard Requirements (minimum) i) front or exterior side yard 6.0 metres to the garage, 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.8 metres to the unenclosed porch ii) interior side yard 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-39 zone iii) rear yard 7.5 metres e. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance. between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1.5 metres. ii) on a corner lot where an attached garage door is accessed over the exterior lot line, the minimum required rear yard may be reduced to 1.2 metres; 6. iii) on a corner lot where an attached garage door is accessed over the exterior lot line, air conditioning and heat exchange units shall be permitted within that portion of the yard located between the dwelling and the garage, provided that such units do not encroach into the required exterior yard setback; iv) on a corner lot where an attached garage door is accessed over the exterior lot line, a deck may be located within the exterior side yard provided that the. deck complies with the greater of the minimum exterior side yard requirement applicable to the dwelling units or the actual side yard measured between the property line and the dwelling face. v) bay windows with foundations may project into any required front yard or exterior side yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres. vi) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. vii) visibility triangle (minimum) 5.0 metres Lot Coverage (maximum) i) dwelling 50 percent ii) total of all buildings and structures 55 percent iii) notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porchlbalcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porchlbalcony up to a maximum area of 20.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage g. Height of floor deck of unenclosed porch above finished. grade (maximum) 1.0 metre h. Height (maximum) i) 1 storey 8.5 metres ii) all other residential units 12.5 metres i. Driveway Width (maximum) i) interior lot 4.6 metres ii) exterior lot 6.0 metres j. Garage Requirements all garage doors shall not be located any closer to the street line than the dwellings front wall or exterior wall or covered porch projection Schedule 3D and 3G to By-law 84 63 as amended is hereby further amended by changing the zone designation from: Agricultural'A'to Holding Urban Residential Exception ((H) R1) Zone Agricultural'A'to Holding Urban Residential Exception ((H) R1-79) Zone Agricultural'A'to Holding Urban Residential Exception ((H) R3-37) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R3-38) Zone Agricultural `A' to Holding Urban Residential Exception ((H) R3-39) Zone 7. Schedule'A' attached hereto shall form part of this By-law. 8. This By law shall come into effect on the date of the passing hereof subject to the provisions of Section 34 and 36 of the Planning Act BY LAW read a first time this day of November 2009 BY LAW read a second time this day of November 2009 BY LAW read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. { J _ : I__ l Y ~"y - 1' ~ I I . } vE J _ :e ° ` ` S :b 1 ~:) ei~ zn STREET f) WIGWING OAN M :~ - rrrtC.:. .,. (7:35) i~ ~ ~. .~ 5" _(7:33)`... . ,c: ~:. <. :: i~. :: "~.~ ~:.~ ` - ' ~ ai ~ a: ~_ :. ~i~~~A i ~~i~R : : :. (7:74) a .. ;.; :: :.. :. :: :...:. i:ii i i':: ~ srREET r :~?ti$:~: 89;5 ~ .: e::.; .; ~m $:ffi:Fbv~::A:~ O Y..: . -.:i-:... ~ $ :^ :~'. :~ ;. ~::..:. ...... (,: ,; ~, ..~"S:".....:~ w :: ~:: ~ ::.:. :... l~t :.:::::::::.:: : ::::169::.:. ::: :. .~: ~i:i~)Y,.'4,h¢]:~'~ :'::4::' .HI:J ~::.. ' .:. ~ :. 5 .:.yfj[:.:~~ : ...... TRE .. E r ...... .. .. ~ '~ :.. : + ~: ' .. : ry . : ~ ~ ~' .,~.: ~I '': '': :: .. ::y:::~ .. ': ::'ti8:3':. 7.38 ~ ~ ~..» ~ :.... ~: ,'y,: > >~; ~» ~:: o .... .. ' ~ :~.. C : tF.;~: .c':;. c. erf ~ ~~ ... g .:R :~~: C::~ ':''?a;~. :. ~., ::. .:::.::~.:s ~~ .. :.. .R~ 3;(7:43):?'~`;;:~;2.:g~l:~a ~i ' ~i ~>:: . 3 '`':::.'j::~s ~T::~; der ~ ..$~.~~.~`:::.;: i :. ~ NW.G ~ ii:~i~~ 0-11 ~e , = ~ m /~{/,\I1I11I ~ ~~ ^es (7:52) 1 Z E 1 ~ge~gRO Fk II - T I 1 TE NS/pN C ~~ ~ III A ,~ \~\ PWITI~L WiO3 OYYNED m.._vo. "'4'Ffn" ® Zoning Change From "A" To "R1" Zoning Change From "A" To "~H)R1-79' Zoning Change From "A" To "~H)R3-37' Zoning Change From "A" To "(H)R&38" ®Zoning Change From "A" To "(H)R3-39" P k tti L B ri M i i l Cl Jim Abernethy, Mayor a . ar er e, un c pa 5" __ 3 i n __ - G _ a ~ _6 w ~ ~ ` i, i, h~ --~ ~~Y L ~ ~ 1 s ' ~ t y$ ~~ ~a T BOWMANVILLE `s I ' zen zooaaoae ATTACHMENT 6 TO REPORT PSD-111-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009 - being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004-004 WHEREAS Council on October 23, 2009 approved Draft Approved Plan of Subdivision S-C-2004-004 located in Part Lot 17, Concession 2, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2004-004 is now ready to proceed to finalize the Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement between the Owner(s) of Plan of Subdivision S-C-2004-004. 2. THAT the Mayor and Clerk be hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of Lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally approved this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT7 TO REPORT PSD-111-09 SUMMARY Memorandum of Understanding Between Players Business Park Ltd., West Diamond Properties Inc. & 1613887 Ontario Inc. (PW Group) The Corporation of the Municipality of Clarington 1.0 BACKGROUND 1.1 Players Business Park Ltd. ("Players') and West Diamond Properties Inc. ("West Diamond")together with a related company 1613881 Ontario Inc. ("1613881") own the majority of the lands within the Brookhill neighbourhood south of the planned extension of Longworth Avenue from Regional Road 57 to the west limit of the Players and West Diamond lands identified in draft plan of subdivision S-C-2004-004. A public school site, neighbourhood park, a neighbourhood parkette, the Brookhill Tributary open space, as well as the west stormwater management pond, clean water channel and outfalls which. accommodate the proposed plan of subdivision of Players and West Diamond (west of Green Road) are located on lands owned by 1613881 (east of Green Road). In addition, part of the land required for the planned extension of Brookhill Boulevard from Green Road to Regional Road 57, part of the land required for the extension of Clarington Boulevard to the planned extension of Longworth Avenue as well as part of the land required for the Longworth Avenue extension are located on lands owned by 1613881. 1.2 A copy of the Infrastructure Plan showing these areas, facilities and roads is attached. It is consistent with the Brookhill Secondary Plan as modified (OPA 60). It shows the inter- relationship of the development of the lands in the Brookhill Neighbourhood both west and east of Green Road and south of the planned Longworth Avenue extension. 1.3 Much of the infrastructure required by the Brookhill Neighbourhood Secondary Plan to support the development of the Neighbourhood south of the planned extension of Longworth Avenue is located between Green Road and the extension of Clarington Boulevard on lands owned by 1613881. 1613881 has not applied for approval for a draft plan of subdivision of any part of its lands as yet. As a result, the roads, Brookhill Tributary open space areas, neighbourhood park, neighbourhood parkette, school site, west stormwater pond, clean water channel and outfalls including necessary works for the development of the lands west of Green Road cannot be dealt within as conditions of approval of a draft plan of subdivision or subdivision agreement of the whole or part of the lands owned by 1613881. However, the west stormwater pond, clean water channel and outfalls are necessary. for the development of the Players and West Diamond lands located west of Green Road as is the extension of Prince William Boulevard to Regional Road 57. They will be provided for in the subdivision agreement respecting the lands west of Green Road as external and stormwater management facilities and roads. 1.4. The Memorandum of Understanding ("MOU") if approved by Council will be a contract between the Municipality, Players, West Diamond and 1613881 which will control key elements of the development of 1613881's lands related to development of the Players and West Diamond lands on the west side of Green Road in order to achieve applicable goals and objectives of the Brookhill Secondary Plan (Official Plan Amendment No. 60 as modified) particularly those related to the provision of necessary supporting infrastructure. A copy of the recommended MOU may be examined in the Planning Services Department. 2.0 KEY ELEMENTS OF THE MEMORANDUM OF UNDERSTANDING 2.1 Road Infrastructure The MOU provides for the transfer of lands for the collector roads, (the Brookhill Boulevard Extension and the Clarington Boulevard Extension) as well as the Type C arterial road (Longworth Avenue Extension). It also provides for their construction and the security that is to be deposited with the Municipality as a guarantee of the performance of the obligations of Players, West Diamond and 1613881 (referred to collectively as the "PW Group"). Further, the MOU provides for the transfer of land and construction of the extension of Prince William Boulevard to Regional Road 57 in order to alleviate traffic conditions at the intersections of Green Road, Clarington Boulevard and Regional Road 57 with Durham Highway No. 2 that otherwise could result from development of the Players and West Diamond lands west of Green Road having regard to the delay in constructing a grade separation at Green Road and the CPR tracks. 2.2 Brookhill Boutevard Extension In the case of the Brookhill Boulevard Extension from Green Road to the east limit of the lands owned by 1613881, the required land is to be transferred to the Municipality on or prior to the registration of a plan of subdivision for the first phase of development of the lands owned by Players and West Diamond west of Green Road. The construction of it at the cost of the PW Group is to begin within 90 days following the occurrence of the Trigger Date. The Trigger Date is 5 years following the earlier to occur of the registration on title of any part of the draft plan of subdivision of the lands owned by Players and West Diamond west of Green Road and the registration on title of the first plan of subdivision of any part of the lands owned by 1613881 between Green Road and the westerly boundary of the Brookhill Tributary lands. The PW Group is required to apply for an Authorization to Commence Works within ninety days following the Trigger Date and to deposit a performance guarantee with the Municipality. The Trigger Date will be extended one year if a minimum of 500 building permits have not been issued on lands west of the Brookhill Tributary including lands within the Players and West Diamond draft plan of .subdivision and the residential lands west of Green Road and south of Brookhill Boulevard prior to the occurrence of the 5 year Trigger Date. Any further extension will require an amendment to the MOU. This complex formula provides reasonable protection to Player, West Diamond and 1613881 in these uncertain economic times if economic conditions worsen. In the circumstances, it is fair. 2.3 Clarington Boulevard Extension The Clarington Boulevard Extension is proposed to straddle the east property line of the lands owned by 1613881 north of the Brookhill Boulevard Extension to the Longworth Avenue Extension with the result that half of the alignment will be on lands owned by 1613881 and half will be located on the lands owned by others to the east who are not parties to the MOU. In the case of the portion of the Clarington Boulevard Extension located on the lands owned by 1613881, lands for the required alignment (located exclusively on 1613881's lands) are to be transferred to the Municipality in two sections. The first section from the southerly boundary of 1613881's lands to the northerly boundary of Brookhill Boulevard is to be transferred at the same time as the lands for the Brookhill Boulevard Extension. The second section located on 1613881's lands from the Brookhill Boulevard Extension to the Longworth Avenue Extension is to be transferred on or prior to the registration of the first plan of subdivision of any part of 1613881's lands east of the Brookhill Tributary lands. Construction of the portion of The Clarington Boulevard Extension located on 1613881's Lands is related to the approval of a draft plan of subdivision for any part of 1613881's lands located east of the Brookhill Tributary. Provision is made for construction of it to be staged. Provision is also made for the transfer of temporary easements for access and necessary services in the event that the Clarington Boulevard Extension has not been constructed to reach the local street abutting the neighbourhood park and school site in the south-west quadrant of the Clarington Boulevard Extension and the Longworth Avenue Extension when the total number of residential units existing or for which building permits have been issued in the Brookhill Neighbourhood equals or exceeds 850. 2.4 Longworth Avenue Extension In the case of the Longworth Avenue Extension from the westerly limit of the Players and West Diamond lands to the easterly limit of 1613881's lands, the land required will be transferred to the Municipality when the final alignment of the road has been determined through the Environmental Impact Study ("EIS") process that is now under way, the approval of plans of subdivision that include portions of the right-of-way; or through an Environmental Assessment which the Municipality of Clarington will undertake at its cost pursuant to the Environmental Assessment Act. The road will be constructed at the cost of the PW Group following a notice given by the Director of Engineering Services following consideration of a transportation analysis that he has determined that the Longworth Avenue Extension and the Structure for the Brookhill Tributary crossing must be constructed in order to deal effectively with traffic operations and/or safety issues identified in the analysis. The Structure is to be constructed at the cost of the Municipality. 2.5 Prince William Boulevard Extension Currently, Prince William Boulevard is constructed from Green Road to Pethick Street. The MOU provides for its extension from Pethick Street to Regional Road 57. The land required for the extension together with 0.3 metre reserves are to be transferred to the Municipality on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands located west of Green Road. The required land is owned by a numbered company which is a member of the Kaitlin Group. Players and West Diamond are responsible to obtain the transfer to the Municipality and for the cost of construction of the extension to a rural profile. The MOU provides that Players and West Diamond will not permit the occupancy of any dwelling on their lands west of Green Road that is within draft plan of subdivision S-C-2004-004 until the extension is completed. 2.6 Parks and Onen Space The neighbourhood park and the neighbourhood parkette on the lands owned by 1613881 are to be transferred to the Municipality for a nominal consideration on or prior to the later to occur of the registration of a plan of subdivision of any part of 1613881's land, ninety days after the final approval of the EIS for the adjacent Brookhill Tributary lands, and ninety days after the approval of the final alignment for the Longworth Avenue Extension under the Environmental Assessment Act. A park development concept plan for the park will be prepared by the PW Group. The cost of construction of the parkette and park will be the responsibility of the Municipality. The Brookhill Tributary lands between Regional Road 57 and the future Longworth Avenue extension are being examined through the EIS. A Naturalization Plan will also be prepared by the PW Group pursuant the Brookhill Secondary Plan. The MOU provides for the Municipality to have the option to purchase the portion of the Brookhill Tributary located on 1613881's lands south of the Longworth Avenue Extension for a nominal consideration at a time selected by the Municipality. However, that time cannot be earlier than the day which is twelve months after the day on which the final alignment of the Longworth Avenue Extension is determined. The PW Group will pay the Municipality $100,000 to be spent in its discretion on the Brookhill Tributary lands to be transferred to the Municipality to implement recommendations of the Naturalization Plan and/or the applicable EIS as finally approved. Payment is to be made on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands west df Green Road. Provision is made for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands north of the planned Longworth Avenue Extension and west of Green Road to the Municipality for a nominal consideration when the EIS is finally approved and the final alignment of the Longworth Avenue Extension has been determined. 2.7 Other Matters The MOU provides for its unwinding if the planning documents dealt with in this. Report are not approved or enacted by the Ontario Municipal Board on or prior to March 31, 2010. The MOU also contains a number of other provisions designed to protect the Municipality's interests including a provision for the payment of the cash value of an under-dedication of the land for park or other public recreational purposes which is to be determined when the last draft plan of subdivision for the Players and West Diamond lands (west of Green Road) and the last plan of subdivision for the portion of the 1613881- s lands located east of Green Road and south of the northerly boundary of the. final alignment of the Longworth Avenue Extension, are approved. If there has been an over- dedication of land for park or other public recreational purposes, the cash value of the over-dedication is to be paid by the Municipality to the PW Group. In either case, the payment is to be made on registration of the first of the plans of subdivision to be registered. ATTACHMENT8 TO REPORT PSD-111-09 THE MUNICIPALITY OF CIARINGTON BY-LAW N0.2009- being a by-law to authorize the execution of the Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. WHEREAS Council on March 24`", 2008 recommended to the Region of Durham approval of Official Plan Amendment No. 60 to the Clarington Official Plan; AND WHEREAS Amendment No. 60 was appealed to the Ontario Municipality Board in August 10, 2008; AND WHEREAS the Council on October 26, 2009, requested the Ontario Municipal Board approve modifications to Amendment No. 60; AND WHEREAS at their meeting on held on November 23, 2009 Council of the Municipality of Clarington approved Draft Approved Plan of Subdivision S-C 2004-004 and Zoning By-law Amendment 2004-049 as they apply to certain lands owned by Players Business Park Ltd and West Diamond Properties Inc.; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation seal, the Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. 2. THAT the Memorandum of Understanding agreement attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this day of November 2009 By-law read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENTS TO REPORT PSD-111-09 THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to authorize the execution of the Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. WHEREAS Council on March 24`h, 2008 recommended to the Region of Durham approval of Official Plan Amendment No. 60 to the Clarington Official Plan; AND WHEREAS Amendment No. 60 was appealed to the Ontario Municipality Board on August 10, 2008; AND WHEREAS Council on October 26, 2009, requested the Ontario Municipal Board approve modifications to Amendment No. 60; AND WHEREAS at their meeting on held on November 23, 2009 Council of the Municipality of Clarington approved Draft Approved Plan of Subdivision S-C 2004-004 and Zoning By-law Amendment ZBA 2004-049 as they apply to certain lands owned by Players Business Park Ltd and West Diamond Properties Inc.; AND WHEREAS at their meeting held on November 23, 2009 Council of the Municipality of Clarington authorized by by-law the execution of a Memorandum of Understanding between Players Business Park Limited, West Diamond Properties Inc. and 1613881 Ontario Inc.; AND WHEREAS the lands owned by Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. are subject to a mortgage in favour of the Royal Bank of Canada. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation seal, the Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. i 2. THAT the Postponement Agreement attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this day of November 2009 By-law read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk