HomeMy WebLinkAboutPD-66-98~N: PD-6698
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
Date:
General Purpose and Administration Committee
Monday, June 8, 1998
Report #: PD-66-98 FILE #: 18T-97028
Subject: PLAN OF SUBDIVISION
File #`~12.IQT' g70aS~
Res.#C~~A- 34°/'9
APPLICANT: W.E. BOTH CONSTRUCTION LTD.
PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
2386 TRUCES ROAD SOUTH
FILE: 18T-97028
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-66-98 be received ;
2. THAT the application for proposed draft plan of subdivision submitted by W.E. Roth
Construction Ltd. be APPROVED subject to the conditions of Draft Approval
contained in this Report;
3. THAT the Mayor and Clerk be authorized by by-law to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as
the Agreement has been finalized to the satisfaction of the Director of Public Works
and the Director of Planning and Development;
4. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: W.E. Roth Construction Ltd.
1.2 Agent: D.G. Biddle and Associates Ltd.
1.3 Draft Plan of Subdivision
To develop a draft Plan of Subdivision containing 1 single detached dwelling unit,
18semi-detached dwelling units, and 2 blocks for future residential development.
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REPORT NO.: PD-66-98
1.4 Site Area:
2. LOCATION
0.80 hectares (1.98 acres)
PAGE2
2.1 The subject property is located at 2386 Trulls Road South, which is immediately
south of Yorkville Drive in Courtice. The legal description is Part Lot 31,
Concession 2, former Township of Darlington (Attachment No. 1).
3. BACKGROUND
3.1 On December 15, 1997, the applicant filed the application for draft plan of
subdivision with the Region of Durham Planning Department in order to permit the
development of 1 single detached dwelling unit, 18 semi-detached dwelling units
and 2 blocks for future residential development. A subsequent application was also
filed with the Municipality of Clarington.
3.2 The owner of this development is also the owner of draft approved plan of
subdivision 18T-89082 immediately to the south of this proposed application
(Attachment No. 2). The owner is currently working on fulfilling the conditions of
draft approval for 18T-89082. Access to the lots within 18T-97028 will be from a
street within 18T-89082. The two blocks reserved for future residential
development within 18T-97028 will be joined with a block from 18T-89082,
thereby permitting the development of three (3) additional units between the two
plans of subdivision.
4. EXISTING AND SURROUNDING USES
4.1 Existing Use: Large lot residential
4.2 Surrounding Uses: North: Urban Residential
South: Draft approved plan of subdivision 18T-89082
East: Urban Residential
West: Urban Residential
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REPORT NO.: PD-66-98
PAGE3
5. OFFICIAL PLAN POLICIES
5.1 The subject lands are designated "Living Area" within the 1991 Durham Region
Official Plan. Residential development is permitted within this land use
designation. The application conforms with the Regional policies.
5.2 The subject lands are designated "Urban Residential" within the Clarington Official
Plan. Residential development consisting of single detached, semi-detached/linked,
and duplex dwelling units are permitted within this land use designation.
Development densities are set at 10 to 30 units per hectare. The subdivision
proposes a total of 19 dwelling units at a net density of 23.7 units per hectare. The
application conforms with the Clarington Official Plan.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "(Holding) Urban Residential Type One
((H)R1)". The "R1" zone permits single detached and semi-detached/linked units.
A removal of Holding would be required prior to development. The application
complies with Zoning By-law 84-63. An application to remove the Holding symbol
will have to be filed by the applicant, should draft approval be granted.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Pursuant to the Planning Act, a Public Meeting was held on April 20, 1998. One
neighbourhood resident spoke at the Public Meeting noting his concerns about the
assessment and removal of trees which are on the north boundary of the site
abutting his rear property line.
7.2 Prior to finalizing the report for the Public Meeting, two written and five verbal
inquiries were received from residents of Yorkville Drive whose properties adjoin
the proposed development. Each person expressed the same concern, that being
the preservation of the existing trees and hedge on the subdivision site.
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REPORT NO.: PD-66-98
PAGE 4
7.3 Since the Public Meeting was held, staff have received one further enquiry from a
resident of Granville Drive who did not want the surrounding neighbourhood to
have access from this development onto Trulls Road. This resident also informed
staff that the notice of the Public Meeting had not been received by herself or a
neighbour two lots to the north. Staff have reviewed the circulation list and have
noted that these two properties, along with six others in the area, had not been
identified by separate roll numbers on the assessment information, hence notice
was not circulated. It is noted for the Committee's information that public
notification was provided in compliance with the requirements of the Planning Act.
The resident has been informed of Council's direction following the Public Meeting,
has been provided with a copy of the Public Meeting staff report and has been
included in the interested parties list for Council's decision on this application. The
balance of the residents which did not receive notification have been informed by
mail of the results of the Public Meeting and of this meeting of the General Purpose
and Administration Committee. All other residents' concerns will be addressed in
Section 9 of this report.
8. AGENCY COMMENTS
8.1 This application was circulated to solicit comments from other relevant agencies
and departments. To date, comments of no objection have been received from the
following agencies:
• Canada Post
• Bell Canada
• Ontario Hydro
• Kawartha Pine Ridge District School Board
• Peterborough-Victoria-Northumberland and Clarington Roman Catholic
Separate School Board
• Clarington Community Services Department
• Clarington Fire Department
8.2 Comments from Central Lake Ontario Conservation indicate no objection to the
proposal. The proposed Plan of Subdivision is within the Robinson Creek
watershed. As such, water quality and quantity controls for the development are
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REPORT NO.: PD-66-98
PAGES
required to comply with the approved Robinson Creek Drainage Plan and its
Addendum. Authority staff require that appropriate reports and plans be submitted
for their approval prior to final registration of the plan. They have submitted this
requirement to the Region of Durham Planning Department as a condition of draft
approval of the subdivision.
8.3 The Clarington Public Works Department has no objection to the proposal subject
to standard conditions and the following:
• A 5.0 metre road widening and a 0.3 metre reserve on Trulls Road is to be
dedicated to the Municipality and granted free and clear of all encumbrances.
• The applicant is responsible for 100% of any costs associated with removal of
the 0.3 metre reserve situated at the north limit of draft Plan of Subdivision 18T-
89082.
• No building permits will be available until the draft Plan of Subdivision to the
south is completed in a manner satisfactory to the Director of Public Works.
• The storm water drainage works and facilities necessary for this development
must be constructed in accordance with the Robinson Creek Master Drainage
Study.
• The applicant's engineer will be required to prepare a grading and drainage plan
that details the configuration of the on-site storm sewer system (minor system)
and the conveyance of the overland flow (major system) from this subdivision.
The Plan must conform to Municipal Guidelines and demonstrate that all storm
flows are self-contained within the Plan of Subdivision and conveyed to a
municipal road allowance.
• The existing house, garage, well and entrance to the subject property must be
physically removed prior to the issuance of an authorization to commence
Works.
• The applicant will be required to provide an appropriate cash contribution in
lieu of parkland dedication.
8.4 Municipal servicing is dependant on the installation of watermains and sanitary
sewers on Wade Square, fronting the subject lands. The Durham Region Public
Works Department requirements for the provision of services will be satisfied
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REPORT NO.: PD-66-98 PAGE 6
through the appropriate conditions of draft approval.
9. STAFF COMMENTS
9.1 Adjacent Residential Development
This application is immediately north of draft approved Plan of Subdivision 18T-
89082, which is owned by the same developer. The access for the lots in the
proposed plan will be onto a street within 18T-89082. This application for
subdivision approval cannot proceed to development until the subdivision to the
south has proceeded to a satisfactory construction stage.
9.2 Public Concerns
Tree Preservation
In January the applicant began surveying the trees on the property as part of the
preparation of a tree preservation plan for this application and the approved Plan of
Subdivision to the south. The tree preservation plan is required to be approved by
the Municipality prior to residential development. The marking of the trees with
coloured ribbon sparked the interests of a number of residents on Yorkville Drive,
whose backyards abut the proposed development. Staff have explained to these
residents that the trees which are marked are those which are being considered for
preservation. Whether or not they can all be preserved depends on the grading of
the lands, the requirements for the installation of services, and the condition of the
trees themselves. On March 9, 1998, staff was provided a copy of the tree
preservation plan and those residents who expressed an interest in viewing the plan
were notified that it was available.
Two residents of the east end of Yorkville Drive had enquired about the
preservation of the cedar hedge which sits on their rear property line. The
applicant's engineer assured staff that the hedge would be identified on the tree
preservation plan and would be evaluated for possible preservation.
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REPORT NO.: PD-66-98
PAGE 7
Prior to the Public Meeting on April 20, 1998, on March 17~' Mr. Leslie visited the
Planning Department and the tree preservation plan for both developments was
reviewed. Planning Staff explained to Mr. Leslie that the tree directly behind his lot
(No. 88) had been identified as in "Fair" condition and it was recommended for
removal as it was "in the area of trenching operations required for underground
servicing installations". Mr. Leslie was directed to the Public Works Department to
discuss the servicing issue and the tree preservation plan. At that time he spoke
with Works Staff who informed him that the tree may be required to be removed as
it was in the location of a required catchbasin.
On April 17, 1998, the Tree Preservation Plan for the proposed subdivision and the
abutting southerly subdivision 18T-89082 was approved by the Public Works
Department. This approval confirms the need for removal of the tree behind
Mr.Leslie's house for the purpose of accommodating the rear yard drainage.
On May 29, 1998, Staff received a copy of a letter addressed to the Deputy Clerk
noting that "no one had taken the time to listen or investigate options" in relocating
the catchbasin (Attachment No. 3). Staff would like the Committee to be informed
that both the agent for the developer and the Public Works Staff were aware of Mr.
Leslie's concerns and have had discussions with Mr. Leslie. The fact is that the
servicing requirements for both plans of subdivision require that three (3)
catchbasins be installed along the north boundary of the proposed subdivision.
These catchbasins are essential to ensure proper drainage of the developments.
Tree No. 88, which is directly behind Mr. Leslie's property, had to be removed to
provide for efficient servicing of the plans of subdivision.
Traffic Concerns
Two neighbourhood residents have raised the issue of road access for this
development and the draft approved plan to the south. Neither plan of subdivision
will have access directly onto Trulls Road as traffic will be exiting onto Granville
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REPORT NO.: PD-66-98
PAGE 8
Drive and then onto Yorkville Drive. One resident was concerned with the
increase in traffic and the safety issue for young children. The second resident did
not want traffic going through Wade Square on 18T-97028 in order to access Trulls
Road. Staff have explained that the overall road network was approved through
Draft Plan of Subdivision 18T-89082. When the lands to the south of both plans of
subdivision develop the traffic will follow Adair Street, which is part of 18T-89082,
to a new collector road network.
This plan of subdivision is a minor extension of the approved plan of subdivision to
the south. The type of dwelling units to be constructed are all semi-detached or
linked units, and one single detached unit. No townhouse units are proposed.
Wade Square will be a service road for the portion of the street abutting Trulls
Road. This section of the street will be able to accommodate off-site parking should
the need arise. It is the opinion of both Public Works and Planning staff that on
street parking will not be an issue for this development.
10. CONCLUSION
10.1 In consideration of the submissions received from the various departments and
agencies and the comments contained within this report, it is recommended that the
application for proposed plan of subdivision be approved subject to the conditions
of draft approval listed in Attachment No. 4.
Respectfully submitted,
J ~~Q= ~~~
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
_~ .
W.H. Stockwell,
Chief Administrative Officer.
IL*LT*FW*df
May 21, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Draft Plan of Subdivision
Attachment No. 3 - Public Submissions
Attachment No. 4 - Conditions of Draft Approval
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REPORT NO.: PD-66-98
PAGE9
Interested parties to be notified of Council and Committee's decision:
W.E. Roth Construction Ltd.
1500 Highway No. 2, Suite 203
COURTICE, Ont. L1 E 2T5
Mr. Bob Annaert
D.G. Biddle and Associates Ltd.
96 King Street East
OSHAWA, Ont. L1 H 166
Mr. Jochin
Ms. Kloury
48 John Walter Crescent
COURTICE, Ont. L1E 2W7
Mr. Vinge
95 John Walter Crescent
COURTICE, Ont. Ll E 2W8
Mr. and Mrs. Paul Leslie
19 Yorkville Drive
COURTICE, Ont. L1 E 2A8
Mr. Gary Majesky
15 Yorkville Drive
COURTICE, Ont. L1 E 2A8
Mr. & Mrs. Richard Price
3 Yorkville Drive
COURTICE, Ont.
Ms. Christine White
41 Yorkville Drive
COURTICE, Ont. L1E 2A7
Ms. Harriet Belgrave
37 Yorkville Drive
COURTICE, Ont. L1 E 2A8
Mr. and Mrs. Quinlan
2 John Walter Crescent
COURTICE, Ont. L1 E 2W8
Mr. and Mrs. Lannan
8 John Walter Crescent
COURTICE, Ont. L1E 2W6
Mr. and Mrs. LeBlanc
42 John Walter Crescent
COURTICE, Ont. L1E 2W6
Mr. Frenette
Ms. Kasner
99 John Walter Crescent
COURTICE, Ont. L1 E 2W8
Everest Development Corp.
390 Bay Street, Suite 1710
TORONTO, Ont. M5H 2Y2
Mr. and Mrs. Johnston
49 Granville Drive
COURTICE, Ont. L1E 2W8
Mr. and Mrs. Temple
45 Granville Drive
COURTICE, Ont. L1E 2W8
628
ATTACHMENT #1
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
LOT 32 LOT 31 LOT 30
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ATTACHMENT N0.3
May 29, 1998
Municipality of Clairington
40 Temperance St.
Bowmanville, Ontario
L1C 3A6
Attention Ms. M Knight
Deputy Clerk
Deaz Ms. Knight
I am writing this letter to express my disappointment over the way the tree preservation and the development of
the property backing my ovm property have been handled. As of this date no one has followed up with any
information regazding the tree study or the plans for development, as promised by the Mayor at the council
meeting on April Sa' 1998.
As stated, "We realize that we have no control in the expansion and development of the neighboring property
however, we feel strongly about preserv2ng the trees that line the reaz of our property as well as those of our
neighbors".
It is interesting to note that the trees I had asked to be spared have now been cut down because no one would
take the time to listen or investigate options; i. e. relocate a "catch basin" a few feet.
To Mayor Hamre and the Council, I had never undertook this kind of political exploration and with the efforts
pu[ forth I would have expected some kind of action from yourselves.
Regards
Paul Leslie
19 Yorkville dr.
Courtice, Ontario
L1E 2A8
905-433-1779
(fax #also)
CC. Ms. I. Little
631
ATTAC_H__MENT NO.4
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
That this approval applies to draft Plan of Subdivision 18T-97028 prepared by D.G.
Biddle and Associates Limited dated November 1997 as per the attached plan
showing Lots 1 to 9 inclusive for semi-detached or linked dwellings (18 units), Lot
10 for 1 single detached unit, Blocks 13 and 15 for road widening, and Blocks 11
and 12 for future residential development.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway
and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington
and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepared and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning and Development to demonstrate
that the proposed development will not adversely impact the existing wells in the
surrounding areas.
6. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works for review and
approval. The Plan must detail the configuration of the on-site storm sewer system
(minor system) and the conveyance of the overland flow (major system) from this
subdivision. The Plan must conform to the Municipality's Design Criteria and
demonstrate that all storm plans are self-contained within the Plan of Subdivision
and conveyed to the municipal road allowance.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
That 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, including, but not limited to, the requirements that follow.
8. That the 5.0 metre road widening on Trulls Road indicated as Block 13 on the
proposed draft plan must be dedicated free and clear of all encumbrances to the
Municipality.
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9. That the road widening indicated as Block 15 on the proposed draft plan must be
dedicated free and clear of all encumbrances to the Municipality.
10. That the 0.3 metre reserve as indicated as Block 14 be transferred free and clear of
encumbrances to the Municipality.
11. That the necessary road dedication and 0.3 metre reserve required by the
Municipality for this development must be granted free and clear of any
encumbrances and in a form satisfactory to the Municipality's Solicitor.
12. That the Owner will be responsible for 100% of any costs associated with removal
of the 0.3 metre reserve situated at the north limit of draft Plan of Subdivision 18T-
89082.
13. That the Owner demonstrate that they are also the principle owner of adjacent draft
Plan of Subdivision 18T-89082. If they are determined to be separate owners, both
developments will be subject to further review and comment. Areas of concern
include potential front ending agreements, Municipality of Clarington Development
By-law 92-105, the Development Charges Act 1989 and the potential for
reimbursement due to the construction of oversized and external works.
14. That no building permits will be available until draft Plan of Subdivision 18T-89082
to the south is completed in a manner satisfactory to the Director of Public Works.
15. That the storm water drainage works and facilities necessary for this development
be constructed in accordance with the Robinson Creek Master Drainage Study,
prepared by G.M. Sernas and Associates and as finally approved by the Director of
Public Works.
16. That the Owner's engineer be required to prepare a Grading and Drainage plan that
details the configuration of the on-site storm sewer system (minor system) and the
conveyance of the overland flow (major system) from this subdivision. The Plan
must conform to Municipal Guidelines and demonstrate that all storm flow are self-
contained within the plan of subdivision and conveyed to a municipal road
allowance.
17. That the existing house, garage, well, and entrance to the subject property must be
physically removed prior to the issuance of an authorization to commence Works.
18. That the Owner shall pay to the Municipality at the time of execution of the
Subdivision Agreement, five percent (5°k) cash-in-lieu of parkland dedication for
residential development.
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19. 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
Charge Act if any are required to be paid by the Owner.
20. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
21. That the Owner shall cause all utilities, including hydro, telephone, cable TV, etc.
to be buried underground.
22. That the Owner shall provide the Municipality, at the time of execution of the
Subdivision Agreement, unconditional and irrevocable Letters of Credit acceptable
to the Municipality's Treasurer with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as
may be required by the Municipality.
23. That the Owner shall implement the recommendation of the Acoustic Report
entitled "Environmental Noise Impact Statement", prepared by Aerocoustics
Engineering Limited, dated April 22, 1998 which specifies the necessary noise
attenuation measures for the proposed development, and that noise measures be
included in the Subdivision Agreement between the Owner and the Municipality of
Clarington. The said agreement must also contain a full and complete reference to
the noise report (i.e. author, title, date and any revisions thereto) and shall include
any required warning clauses identified in the acoustic report.
24. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the
builder's plans are in accordance with the Environmental Noise Impact Statement as
approved by the Region of Durham and the Municipality of Clarington.
25. That the Owner shall adhere to architectural control requirements of the
Municipality.
26. 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.
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27. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of construction or the development of the subdivision, the
Owner shall at his expense, either connect the affected party to municipal water
supply system or provide a new well or private water system so that water supplied
to the affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
28. That the applicant supply on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved as well as the proposed
40M-Plan.
29. That the storm water management techniques identified and recommended in
"Preliminary Report to Address Environmental and Water Resource Concerns",
prepared by D. G. Biddle and Associates, dated February 1995, to mitigate potential
for lowering of the water table and decreases in recharge be incorporated in the
engineering design of the plan of subdivision to the satisfaction of the Director of
Public Works.
30. That the Owner agrees to assume all costs for the provision and installation of
Community mailboxes to service this development in a manner satisfactory to the
Director of Public Works.
31. That the applicant satisfy all the conditions of the Kawartha Pine Ridge District
School Board financially or otherwise.
32. That the applicant satisfy all the conditions of the Central Lake Ontario
Conservation Authority financially or otherwise.
33. That the applicant satisfy all the conditions of the Ministry of Natural Resources
financially or otherwise.
34. That the applicant satisfy all the conditions of the Region of Durham Works
Department financially or otherwise.
35. That the applicant satisfy all the conditions of Bell Canada financially or otherwise.
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