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HomeMy WebLinkAboutPD-107-98DN: P0.107-98 THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON REPORT ~ z Meeting: General Purpose and Administration Committee File #D1Z- I~ 9a6lq Date: Monday, September 21, 1998 Res. #GQp-.561 - ~S' Report #: PD-107-98 FILE #: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) By-law #~~~ Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENT CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 27, CONC. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-107-98 be received; THAT the By-law contained in Attachment No. 2 be given two readings but not be finally enacted by Council; 3. THAT the Ontario Municipal Board (OMB) be requested to: i) approve the revised draft plan of subdivision 18T-92014 subject to the conditions contained in Attachment No. 1; and ii) allow the appeal by Claret Investments Ltd. and Uvalde Investment Co. (formerly Rexgate Holdings Ltd.) by enacting the attached zoning by-law amendment as detailed in Attachment No. 2. 4. THAT the Mayor and Clerk be authorized, by by-law, to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development in the event that the OMB orders draft approval of the subdivision; 5. THAT the Holding (H) symbols be removed by By-law upon the execution of a Subdivision Agreement in the event that the OMB orders the approval of the zoning by-law; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company b67 a REPORT NO.: PD-107-98 PAGE2 1.2 Applicant: Claret Investments Limited and Uvalde Investment Company, carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Subdivision: Original Proposal: Originally sought approval fora 146 unit plan of subdivision consisting of 95 single detached dwelling units, 28 semi-detached units, 23 townhouse units, a .045 hectare park block and various residential reserve blocks. Revised Proposal: The revised proposal (see Attachment No. 3) is seeking approval fora 110 unit plan of subdivision consisting of 80 single detached dwelling units, 30 semi- detached units, a 1.735 hectare park block, a 1.04 hectare school block and various residential reserve blocks. 1.5 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones in order to permit the above noted development. Staff note that the Environmental Protection (EP) zone is not intended for development with the current applications. The intent of the proposed zoning amendment with respect to the limits of the Environmental Protection (EP) zone is to confirm the boundaries through a detailed review of the proposal by Central Lake Ontario Conservation. 1.6 Site Area: 10.828 hectares 1.7 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • PreliminaryHydrogeologicAssessment • Preliminary Environmental Overview Assessment • Addendum Environmental Overview Assessment • EnvironmentallmpactStatement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report • Revised Municipal Servicing Report • Traffic Analysis for the Hancock Neighbourhood • Noise Impact Study • Phase I Environmental Site Assessment 668 REPORT NO.: PD-107-98 • Phasing Document • three (3) separate Neighbourhood Design Concepts 2. EXISTING AND SURROUNDING LAND USES PAGE3 2.1 The lands subject to the applications are currently used for agricultural purposes and are located in Part Lot 27, Concession 3, former Township of Darlington (see Attachment No. 4). The surrounding land uses include. North - woodlot South - large lot residential East - large lot residential, auto wrecker West- large lot residential, future Faith United Church, woodlot 3. BACKGROUND 3.1 Courtice North Neighbourhood 3C When the applications were first submitted the lands were located within the Courtice North Neighbourhood 3C, as identified in the former Town of Newcastle Official Plan. (This area is now referred to as the Hancock Neighbourhood) A portion of the Neighbourhood, south of Nash Road, had been partially developed in accordance with the approved Neighbourhood Development Plan, which allocated a population of 900 people for the portion of the lands south of Nash Road, including the identification of the road pattern and housing types. However, a Neighbourhood Development Plan had not been prepared for that portion of the Neighbourhood located north of Nash Road. Nevertheless, the Official Plan did allocate a population of 1000 people, establish a collector road network and delineate conceptual land uses. In April 1992, the applicant submitted applications to amend the Official Plan of the former Town of Newcastle and to complete the Neighbourhood Development Plan for Neighbourhood 3C. 669 i REPORT NO.: PD-107-98 3.2 Plan of Subdivision and Rezoning Applications PAGE4 In June of 1992, the applicant applied to the Region of Durham for the approval of the plan of subdivision (18T-92014). The applicant also filed the zoning amendment application (DEV 92-033) with the Municipality in June of 1992. At the Public Meeting in February 1993, Staff recommended that the applications be denied without prejudice as premature. Council's position with respect to these two development applications was to refer the applications back to Staff to be considered in the context of the Official Plan Review. Subsequent to the preparation of the Draft Clarington Official Plan, the applicant revised all of the applications. Formal revised applications for the rezoning and plan of subdivision were submitted in August of 1995, and the revised official plan amendment on September 8, 1995. In April of 1996, subsequent to the adoption of the new Clarington Official Plan, Council dealt with a large number of applications through a report which contained recommendations on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Official Plan Amendment was approved as provided for in the Clarington Official Plan. The applications for the zoning amendment and the plan of subdivision were referred back to Staff for further consideration. Due to significant revisions to the plan of subdivision, a further Public Meeting was held on July 13, 1998. At that time, the Committee was addressed by the applicant as well as Libby Racansky and Chris Conti representing Friends of the Farewell. 3.3 Clarington Official Plan The Clarington Official Plan was approved by the Region of Durham on October 31, 1996 save and except for referrals and deferrals. The Plan set the population for the Hancock Neighbourhood at 2800 persons. The collector road network was defined, along with the locations for two Neighbourhood Parks, a separate elementary school and a public IJ~~ REPORT NO.: PD-107-98 PAGE5 elementary school. Lands were identified for Environmental Protection Areas, a Local Central Area, and three locations for Medium Density residential development. The balance of the neighbourhood was designated for urban residential use. The applicant referred portions of the Clarington Official Plan (Referral #3) which are outlined in Section 3.4. On June 27, 1997, the applicant filed an application to amend the Clarington Official Plan (COPA 97-007). The application proposed to increase the population within the Hancock Neighbourhood from 2800 to 2900 persons, to amend the housing targets from 975 units to 985 units, and to remove a Medium Density residential designation from the lands subject to this application. This application was heard at a Public Meeting on September 8, 1997. 3.4 Referrals to the OMB In 1995, subsequent to Council's decision to defer consideration of the applications for plan of subdivision and rezoning until the approval of the Clarington Official Plan, the applicant appealed or referred the following to the OMB: • the application to amend the Official Plan of the former Town of Newcastle OPA 92- N/007; • the subject application for draft plan of subdivision 18T-92014; • the subject application for rezoning DEV 92-033; • the northerly application for draft plan of subdivision 18T-94027; • the northerly application for rezoning DEV 94-067; • portions of the new Clarington Official Plan identified as Referral #3 (see Report PD-106- 98); and, • the application to amend the Clarington Official Plan COPA 97-007 (see Report PD-106- 98). A draft zoning by-law was forwarded to the OMB on September 22, 1995 by Mr. Peter Van Loan of Fraser & Beatty, Solicitors for Courtice Heights. Two prehearing conferences have been held to address these referrals. In addition to the 67l REPORT NO.: PD-107-98 PAGE6 Municipality and Courtice Heights Developments, which are parties to the hearing, the following persons have identified to the OMB their interest in participating at the hearing: Libby Racansky; Kerry Meydam; Linda Gasser; Mark and Heather Roper; and, Bob Kreasul The Ropers and Bob Kreasul are associated with Faith United Church and their concerns were dealt with through Amendment No. 3 to the Official Plan. A third prehearing has been set for September 24, 1998. Staff have been working with the applicant and the commenting agencies to achieve a resolution between the parties. 3.5 Neighbourhood Design Plan A draft Neighbourhood Design Plan was prepared by the applicant as required by the Clarington Official Plan (see Attachment No. 5). Such a Plan is required to be approved by Staff prior to Council granting approval for draft plans of subdivision. The draft Neighbourhood Design Plan was circulated to various agencies and departments for comment. A Public Information Open House was also held on February 25, 1998, to obtain input from the neighbourhood residents and interested parties. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice of the July 13`h, 1998 Public Meeting was given as follows: • Public Meeting signs for the revised application were installed on the draft plan of subdivision site; and, • written notice was circulated to all assessed property owners within 120 metres of the subject lands, and to all interested parties identified through the previous applications. 4.2 As of the writing of this report, three verbal inquiries have been received, all requesting 672 REPORT NO.: PD-107-98 PAGE 7 clarification of the proposed development and the procedures for approval. 4.3 Written notice of this Report appearing on the agenda was provided to all residents who addressed Committee at the July 13"' Public Meeting and all members of the public who provided submissions. Comments about development in the area have been received from Friends of the Farewell. The following concerns have been raised: • increase in population; • increase in unit counts; • removal of forested areas; • environmental sensitivity of the neighbourhood; • depletion of groundwater; • reducing the developer's costs in order to lower density; • cumulative impacts of development such as flooding, erosion and water quality decline; and • watershed study request for the Farewell/Black Creek watershed area. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas, within the Durham Regional Official Plan. Lands designated for Living Areas shall be used primarily for housing purposes. In light of their ecological functions and scientific and educational values, Environmentally Sensitive Areas are subject to environmental impact studies to determine the degree of sensitivity, the potential cumulative effects of any proposed development and the need for mitigating measures. The proposal appears to conform with the provisions of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the Hancock Neighbourhood as predominantly low density Urban Residential. There are two Medium Density symbols identified north of Nash Road on the east side of Courtice Road while one Medium Density symbol located south of Nash Road has already been developed. The valley lands associated with Black Creek, and its tributaries, are designated Environmental Protection Areas. A large woodlot in the north 673 REPORT NO.: PD-107-98 PAGE8 east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. The predominant use of land within the Urban Residential designation is for low density housing purposes. The Environmental Protection Areas, and their ecological function, are to be preserved and protected from the effects of human activity. No development is permitted on these lands. Map C1 of the Clarington Official Plan shows the entire neighbourhood as falling within the Lake Iroquois Beach. Hazard lands and a small portion of tableland woodlots are shown associated with Black Creek, its tributaries, and the associated valleylands. Two tableland woodlots have also been identified in the neighbourhood. The Lake Iroquois Beach is a natural feature identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of groundwater discharge and recharge. The lands within this proposed plan of subdivision are designated Urban Residential with a Public Elementary School and a Neighbourhood Park symbol. The site also contains half of the collector road network for the Neighbourhood. The proposal conforms with the provisions of the Clarington Official Plan, as amended by Amendment No. 10, forwarded by Report PD-106-98 on this agenda. 6. ENVIRONMENTAL REPORT 6.1 Assessment of Groundwater Recharge and Discharge Hancock Neighbourhood is underlain by three groundwater flow zones -the shallow overburden flow zone, the deeper overburden flow zone, and the bedrock flow zone. The shallow overburden flow zone, which extends to a depth of 6 metres, is characterized by a 674 REPORT NO.: PD-107-98 PAGE 9 high water table which lies approximately 1 metre below the surface. Groundwater from this zone is discharged seasonally to an intermittent tributary which flows through the Neighbourhood. The deeper (intermediate) overburden flow zone extends to a depth of approximately 40 metres. The report indicates that groundwater in this zone is recharged primarily from the Oak Ridges Moraine, and contributes baseflow to the main branch of Black Creek. The wells within and adjacent to the Neighbourhood receive most of their water supply from the intermediate aquifer. The bedrock flow zone is recharged primarily by groundwater flow from the Oak Ridges Moraine. Most of the flow in this zone discharges to Lake Ontario and does not provide significant baseflow contribution to Black Creek. There are 124 wells within and adjacent to the Hancock Neighbourhood - 95 are bored wells with an average depth of 5.6 m, while the balance are drilled to an average depth of 22 m. Water yield from all wells is good, although a number of the bored wells experience seasonal shortages. Due to the presence of relatively impermeable deposits in the Hancock Neighbourhood, the groundwater contribution from the Neighbourhood is negligible in comparison to the groundwater recharge which occurs on more permeable soils to the north. The report concludes that the proposed developments will have negligible impact on baseflow conditions in Black Creek and on the aquifer yields supplying domestic water wells. However, the report recommends a number of mitigative measures to offset the impact of incremental development within the Black Creek watershed. These measures include discharging precipitation collected on roofs to grassed surfaces, minimizing the compaction of fill, the installation of infiltration trenches along rear lot lines, and the installation of seepage barriers in service trenches to prevent piping of groundwater. 675 REPORT NO.: PD-107-98 6.2 Environmental Impact Report (EcoPlans Limited) PAGE 10 The vegetation communities found in the Hancock Neighbourhood generally reflect the presence of the high water table which underlies most of the neighbourhood, as well as the effects of human use. The woodlots on the two land parcels owned by Courtice Heights were cleared prior to the submission of the development applications. Two significant vegetation communities are found in the Neighbourhood -the 15 hectare broadleaf woodlot in the northeast corner, and the old field succession/wet meadow complex to the southwest of the woodlot. Broadleaf Woodlot This woodlot is the most significant vegetative feature in the Neighbourhood. It is characterized by mature mixed hardwoods and successional species of varying ages and sizes, and a fairly diverse and intact native ground flora. The woodlot provides habitat for a variety of forest interior birds and also provides a linkage function between adjacent off-site woodland blocks to the north and east, and the core area of the Trulls Woods to the west. Portions of the woodlot have been disturbed by previous logging practices. The woodland edge has been stressed as the result of land clearing on the adjacent parcels owned by Courtice Heights Developments. Awell-developed understorey which has regenerated along the new edge acts as a buffer to the woodland interior. The report indicates urban development on adjacent lands should not have a significant impact on the hydrology of the woodland since the proposed subdivision will be located down-gradient, although the water table may be reduced somewhat at the woodland. Other potential impacts on the woodland block were noted, including construction impacts to woodland edge trees, increased predation pressure on sensitive wildlife by domestic pet and urban-tolerant wildlife species, increased pedestrian access to the woodland and the "annexation" of woodlot edges into rear lot areas. A number of measures are recommended to maintain the overall integrity and linkage ~~~ REPORT NO.: PD-107-98 PAGE 11 functions of the woodlot. These include the installation of fencing along the dripline (i.e. property line) of the woodland edge prior to site grading to minimize construction impacts and to limit access to the woodlot. The grading of rear lots should maintain the pre- development drainage regime within the woodland edge, and grade changes along the woodlot edge should be minimized to avoid damage to roots. Other recommended measures include the installation of signage and the implementation of an environmental stewardship program to educate future residents on maintenance of woodlot values. OId Field Succession/Wet Meadow Complex This community, which is associated with a seasonally high water table, groundwater seepage and an intermittent tributary, consists of early successional species growing on poorly drained soils. This habitat type is uncommon in this area, and four regionally uncommon plant species which prefer this habitat were identified on this site. This community also provides habitat for a typical variety of common edge and generalist wildlife species. The retention and maintenance of a seasonal wet meadow habitat in an urban setting can be difficult if the water table is lowered. However, the implementation of mitigation measures recommended by the hydrogeological consultant should ensure that the moisture regime after the development of the proposed subdivision should be suitable for the maintenance of the wet meadow complex. The trampling and picking of flowers by residents and the invasion of aggressive woody species will also adversely affect the wet meadow complex. Even without urban development, the wet meadow would eventually cease to exist as the result of succession to woody species. As well, the ultimate development scheme for the Neighbourhood as recommended by the Hancock Neighbourhood Design Plan indicates that the majority of this complex will be removed by a north-south collector road and residential development. It is important to note that the property on which this vegetative complex is located is not 677 REPORT NO.: PD-107-98 PAGE 12 owned by Courtice Heights Developments, and is not subject to the current development proposals. The environmental impacts report recommends that a permanent chain-link fence be installed around the property to control access. Specific measures to address the maintenance of this complex can be considered at such time as a development proposal is submitted for these properties. These measures could include the salvage of the topsoil/seedbank and re-seeding in suitable municipally owned sites, such as the lands adjacent to the intermittent tributary or the future storm water management pond. Impact on Aquatic Habitat in Black Creek Based on the conclusions of the hydrogeological report, the development of the Hancock Neighbourhood is not expelled to significantly affect the baseflow conditions which maintain potential fish habitat conditions in Black Creek. Water temperature monitoring in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout, but generally suitable for rainbow trout. The report concluded that rehabilitation efforts along the creek, including establishment of tree cover, will not sufficiently reduce the summer temperature regime to permit the return of resident brook trout populations. 6.3 CLOC Comments on Reports CLOC noted that, prior to final approval of the subdivision plans, the proponent should prepare detailed design and implementation plans for the proposed measures intended to mitigate the impact of the two proposed subdivisions on the environmentally sensitive/significant vegetation units and wildlife habitats. The adjacent reach of Black Creek which will receive future urban runoff flows from the subject site exhibits characteristic 'cool water' conditions, supporting both warm and Coldwater fish species. CLOC noted that the storm water management plan for the proposed developments will need to include measures to regulate the thermal impact of storm water discharge to Black Creek in addition to more typical quality and quantity controls. b%$ REPORT NO.: PD-107-98 PAGE 13 The development site currently contributes to the flow regime of a small drain traversing numerous private properties downstream. This drainage feeds ponds and assists in the maintenance of off-site wet meadows and other environmentally sensitive features. CLOC indicated that flows through this minor tributary must be maintained until such time as mitigation measures aimed at preserving some of these attributes can be implemented. The Conditions of Draft Approval for the proposed subdivisions recommended by CLOC are outlined in Section 7.7 of this Report. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies for comment. Comments of no objection were received from the Durham Regional Health Department, the Clarington Community Services Department, Bell Canada, and Canada Post. 7.2 Ministry of Citizenship, Culture and Recreation Comments The Ministry of Citizenship, Culture and Recreation had confirmed that there is low potential for the discovery of archaeological remains and that an archaeological assessment is not required. 7.3 Ministry of Transportation Comments The Ministry of Transportation has no objection to approval of the plan of subdivision as the technically preferred route for the Oshawa/Clarington Freeway Link does not physically impact on the site. 7.4 Region of Durham Comments The Durham Regional Planning Department have advised that they will not be forwarding comments to the Municipality as the applications have been referred to the OMB. Their comments will be provided directly to the OMB through direct testimony. REPORT NO.: PD-107-98 PAGE 14 The Regional Works Department has advised that they have no objection to the further processing of proposals and provided the following comments directly to the OMB along with their conditions of draft approval: • Municipal water can be provided through the extension of the existing 400 mm watermain on Nash Road (at Fewster Street) to the east limit of the plan. A 300 mm watermain will be required on Street "A" from Nash Road to the north limit of Street "A"; • A secondary watermain feed is recommended for the development. This secondary feed can be provided via two methods. The first method involves extending the 400 mm watermain on Nash Road to Hancock Road with a 200 mm watermain on Hancock Road from Nash Road to Street "B". The alternative would be to extend the 300 mm watermain on proposed Street "A", on easements to be acquired by the applicant, and connect to the proposed plan of subdivision 18T-94027; • Municipal sanitary sewers are available from the 375 mm sub-trunk sewer situated on Nash Road to Fewster Street. The sewer must be extended easterly along Nash Road to Street "A" and then northerly on Street "A"; • the Municipality of Clarington is requested to acquire a 3.048 metre widening along the Nash Road frontage. 7.5 Clarington Fire Department Comments The Clarington Fire Department has noted that the area is serviced by part-time firefighters after 6:00 pm daily. At present population levels their service is strained. They note that all required services should be in place before any future growth is approved in Courtice. They have offered no objection but request that any future residents be informed that this area will be served by part-time Staff. This concern will be addressed through any conditions of draft plan of subdivision approval. 7.6 Clarington Public Works Department Comments The Clarington Public Works Department provided extensive comments and conditions of draft approval including the following major remarks: • the applicant will be responsible for the implementation of all traffic related improvements 68~ REPORT NO.: PD-107-98 PAGE 15 deemed necessary by the Director of Public Works as indicated by the Hancock Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic control measures shall be determined by the Director of Public Works. • a temporary intersection configuration will be required at the intersection of Streets "A" and "B" until such time as the lands to the north of this subdivision develop. Given the lack of a defined time frame for the extension of Street "A" to the north, the temporary intersection must be constructed to a full urban standard. • the applicant will be required to make payments to the Municipality in the amounts stated in a front ending agreement between the Municipality and Macourtice Developments Inc. The payment is required as a result of the over-sizing of storm sewers associated with Registered Plans 40M-1675 and 40M-1693 which enable the development of these lands to proceed. The applicant will also be required to purchase Block 77 in Registered Plan 40M-1675 for the construction of storm water management works for the watershed or to reimburse the Municipality if it acquires it under the current option agreement with Macourtice Developments Inc. • the phasing of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of the external road improvements. • the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized and the approved location must not adversely impact upon the roads, parks or parkettes located within the Hancock Neighbourhood. • the applicant will be required to provide a water supply contingency plan detailing the manner in which water will be supplied to local residents in the event of an impact upon the groundwater table during servicing. • the applicant will be responsible to construct, or contribute toward, downstream erosion protection works which, in the opinion of the Director of Public Works, are caused or aggravated by this development. • the development cannot proceed until such time as the Municipality has approved the expenditure of funds for: i) the provision of roads, street lighting and sidewalk improvements along Nash and Hancock Roads; and ii) the construction of the Neighbourhood Park. 7.7 CLOC Comments CLOC requested that prior to any on-site grading, or construction, or final approval of the plan 681 REPORT NO.: PD-107-98 PAGE 16 of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: • the intended means of conveying storm water flow from the site; • the anticipated impact of the development on water quality; and • the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. In addition, prior to final approval of the plan, or any site alteration of the property, the applicant shall submit and obtain approval of • forest edge management plans for lots 13 to 70; • detailed design and location plans of all groundwater infiltration measures to be incorporated on the sites; and, • an environmental construction management plan which details the construction timing and specification for all environmental impact mitigation measures. Finally, CLOC requests that the subdivision agreement between the applicant and the Municipality shall contain the following conditions: • the owner agrees to develop the plan in accordance with the plans, reports and recommendations as required in the foregoing; and, • prior to any construction occurring on lots 13 to 70 the owner agrees to install fencing along the east property limits of lots 13 to 39, and the north property limits of lots 40 to 70. 7.9 Separate School Board Comments The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board requests that sidewalks be provided along all internal streets to accommodate children walking to the separate elementary school south of Nash Road. They also request that traffic control measures be provided to ensure safe pedestrian movement from the development north of Nash Road to the school site. Signalization and crosswalks should be located at the intersection of Nash Road and Street "A". 7.10 Kawartha Pine Ridge District School Board Comments The Kawartha Pine Ridge District School Board is concerned that school site is not fully contained within the limits of the plan of subdivision. Although the general location, 682 REPORT NO.: PD-107-98 PAGE 17 configuration and size of the site is acceptable, the Board notes that necessary arrangements will need to be undertaken to deliver the entire site to the Board. The Board would also require all services to be provided to the lot line, perimeter fencing and sidewalks on all roads, including Nash Road. 8. STAFF COMMENTS 8.1 In order to discuss issues related to the proposal, the comments have been organized on the basis of the following major topics: • environmental issues • neighbourhood design plan • schools and parks • density • access to Faith United Church parking issues watershed study 8.2 Environmentallssues Concern has been expressed by area residents regarding the potential impact of the proposed subdivisions on sensitive environmental features in the Hancock Neighbourhood and the aquatic habitat in Black Creek, as well as water supply to area wells. In particular, these concerns have focused on the possible lowering of the water table as a result of urban development and more direct impacts to on-site vegetation communities as a result of construction activities and the activities of future residents. A number of reports have been submitted by the proponent to identify the anticipated nature and level of these impacts and to recommend measures to mitigate such impacts. Many of the proposed mitigation measures are straightforward and easily implementable, such as the installation of fencing to control access. However, other measures such as infiltration trenches and measures to protect against thermal impacts on water quality, require detailed design work. As noted by CLOC, the proponent must prepare detailed design and implementation plans for each of the proposed mitigation measures to ensure that they are not only effective, but in fact, they are implemented in the manner intended. In this regard, Staff 683 REPORT NO.: PD-107-98 PAGE 18 concur with CLOC's suggestion that the proponent develop an Environmental Construction Management Plan, to the satisfaction of CLOC and the Municipality. This Plan would specify how each of the proposed mitigation measures would be implemented, including project management, site supervision and follow-up monitoring. 8.3 Neighbourhood Design Plan The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior to the consideration of any plan of subdivision. The Clarington Official Plan states that "a neighbourhood design plan is a visual interpretation of the future development of an entire neighbourhood". They are utilized by Staff in reviewing subdivision applications for the specific neighbourhood. They will also illustrate, for perspective purchasers, the land uses proposed in the balance of the neighbourhood. The Plans are intended to detail the following: • all road alignments within a neighbourhood, including right-of-way widths and required widenings; • any walking or cycling trail systems, as well as future transit routes; • the location of school, park and open space blocks, including storm water management blocks; and, • lotting patterns and densities. An information report was presented to Council on October 21, 1996, advising of the applicant's submission of an application to approve the Hancock Neighbourhood Design Plan. As a result of consultation with Staff, and the circulation and subsequent revision of the draft plans of subdivision within the neighbourhood, the Neighbourhood Design Plan was revised (Attachment No.S) and was recently endorsed by Staff. The Neighbourhood Design Plan for the Hancock Neighbourhood includes the following components: • a context map; • a constraints and opportunities map; • a land use plan; • a phasing plan; • a transportation plan; and • an open space and parks master plan. 684 ~ 5 REPORT NO.: PD-107-98 PAGE 19 A copy of the Hancock Neighbourhood Design Plan is available for inspection at the Planning and Development Department during normal office hours. It should also be noted that Staff's endorsement of the Neighbourhood Design Plan does not constitute any form of approval under the Planning Act and does not impact upon the rights of the residents before the OMB. 8.4 School and Park Blocks The Clarington Official Plan identifies both a Public Elementary School and a Neighbourhood Park within the Hancock Neighbourhood. The original submission by the applicant did not contain a School Block and had very little parkland. As a result of comments received through the circulation process, and the negotiations with Staff relative to all referral issues, the applicant has included a Block to partially accommodate a Public Elementary School and has also increased the parkland dedication to 1.735 hectares. As noted in Section 7.10 of this Report, the Kawartha Pine Ridge District School Board requires the school site to be located entirely within the limits of this draft plan of subdivision. When negotiating the purchase of lands for school purposes, the Board prefers to enter into negotiations with a single property owner. As a result, the Public School Board has not supported the proposed plan of subdivision. However, the position of the Kawartha Pine Ridge District School Board may be too onerous in that the plan of subdivision is irregularly shaped and only 10.828 hectares in size. Since the plan of subdivision has been referred to the OMB, any concern from the School Board should be directed to the OMB. While the developer will dedicate the Park Block to the Municipality, the subdivision agreement will provide for the Municipality to compensate the applicant for any overdedication. Furthermore, prior to final approval, funds for the construction of the Neighbourhood Park, which abuts the school site to the north, must be approved for the development to proceed. b85 REPORT NO.: PD-107-98 8.5 Density Issues PAGE 20 These applications for draft plan of subdivision and rezoning were originally filed in 1992. In the same year the applicant also filed for an Official Plan Amendment to the former Town of Newcastle Official Plan. The population figure set under the former Official Plan was 1900 persons in total for the entire neighbourhood. The applicant sought to change this population target to 4585 persons. The issue of density has been the primary reason for the series of revisions to the original application. The review and subsequent approval of the Clarington Official Plan resulted in a population increase from 1900 persons to 2800. While this is an increase over the original Official Plan, the original densities were not feasible under current conditions. However, in recognition of the environmental constraints in this neighbourhood, Staff proposed using a lower density factor in the Hancock Neighbourhood than in other parts of Courtice. The lower density was, in part, to provide larger lot sizes which would incorporate existing vegetation features and allow for greater infiltration of storm water. The applicant and Staff have agreed on a target of 975 residential units and 2900 persons (up 100 from the proposed Official Plan). The greater increase in persons is due to the use of more single detached units which yield a greater population per unit than the medium density units. 8.6 Street Access to Faith United Church and other abutting lands In order to ensure that the access was provided to allow for the development of the surplus lands owned by Faith United Church and another landowner on Nash Road, Staff required that Street E be incorporated into the plan of subdivision. The Neighbourhood Design Plan provides for a cul-de-sac in this location to be constructed within the first phase of the Neighbourhood. 8.7 Parking Issues A concern has been raised by Council on the issue of on-street parking within urban neighbourhoods. It is noted that, the applicant has submitted a parking plan, prepared by 686 REPORT NO.: PD-107-98 PAGE 21 G.M. Sernas and Associates, for the Clarington Public Works Department review and comment. The Public Works Department noted the parking plan provides 91 on-street parking spaces which greatly exceeds the minimum requirement of 28 on-street parking spaces as per the guidelines of the Municipality with respect to the provision of on-street parking. It is also important to note that the subdivision is developing at a much lower density than other Neighbourhoods, as detailed in Section 8.5 of this Report. This lower density and the absence of townhouses do not appear to cause any future on-street parking problems. 8.8 Watershed Study In April of 1998, the Friends of the Farewell made submissions to Regional and Clarington Councils regarding the lack of watershed study for this Neighbourhood. The lack of a watershed study for this Neighbourhood is addressed in Section 7.6 of Report PD-106-98 on this agenda. 9. CONCLUSION 9.1 In conclusion, Staff recommend that Report PD-107-98 be endorsed as the Municipality's position with respect to the revised draft plan of subdivision and zoning by-law amendment, scheduled for an OMB pre-hearing to commence on September 24, 1998. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development Reviewed by, W.H. Stockwell, Chief Administrative Officer. WM*DC*FW*cc 10 September 1998 fJ~~ REPORT NO.: PD-107-98 PAGE 22 Attachment No.1 -Conditions of Draft Approval Attachment No. 2 -Zoning By-law Amendment Attachment No. 3 -Revised Draft Plan of Subdivision Attachment No. 4 -Key Map Attachment No. 5 -Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision WDM Consultants Mr. T. Givelas 20 Clematis Road 7 Fewster St. Willowdale, Ontario M2J 4X2 Courtice, Ontario L1E 2V7 Stan & Libby Racansky Pat MacDonald 3200 Hancock Road 1834 Nash Road Courtice, Ontario L1 E 2M1 Courtice, Ontario L1 E 2M2 Pam Callus Andre Nadler 3452 Courtice Road 1828 Nash Road Courtice, Ontario L1 E 2L6 Courtice, Ontario L1 E 2M2 Linda Gasser P.O. Box 399 Orono, Ontario LOB 1M0 Kerry Meydam 3828 Trulls Road Courtice, Ontario L1 E 2L3 Mark Roper 101 Kingswood Drive Courtice, Ontario L1E 1G3 Bob Kresul 41 Living Court, Courtice, Ontario L1 E 2V6 Brian Strong 3151 Courtice Road Courtice, Ontario L1 E 2H8 Doug Dearden 3163 Courtice Road Courtice, Ontario L1 E 2H8 b88 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 1 Plan Identification 1. That this approval applies to draft Plan of Subdivision 18T-92014 prepared by Bousfield, Dale-Harris, Cutler and Smith dated April 7, 1998 (and further revised in red as per the attached plan) showing Lots 1 to 70, 77 to 81 and 91 to 95 all inclusive for single detached dwellings, Lots 71 to 76, 82 to 84 and 88 to 90 all inclusive for semi-detached or linked dwellings, Block 102 for school, Block 103 for park, Blocks 104 and 105 for Walkway, and various blocks for reserve, road widening, site triangle etc. Final Plan Requirements 2. That all streets within the Plan of Subdivision shall be dedicated as public highways and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. Requirements to be satisfied prior to Subdivision Agreement 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a 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. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time and must detail the collection and configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. b~9 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 2 Recuirements to be satisfied prior to Subdivision Agreement (Cont'd) 8. That Block 77, Plan 40M-1675 either will be acquired by the Owner at its cost and transferred to the Municipality free and clear of encumbrances and restrictions, or if the Municipality decides to acquire it, the Owner will reimburse the Municipality for the costs of acquiring Block 77, Plan 40M-1675 for the construction of storm water management works for the watershed prior to the execution of the Subdivision Agreement by the Municipality. 9. That the Owner shall dedicate Block 103 for park purposes, free and clear of any encumbrances and in a condition satisfactory to the Director of Public Works. Any overdedication of parkland provided by the Owner in this draft plan, draft plan of subdivision 18T-94027, and any other lands acquired by the Owner in the Neighbourhood for which the applicant requires reimbursement, shall be addressed in the subdivision agreement. Requirements to be included in Subdivision Agreement 10. 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 subdivision agreement, including, but not limited to, the requirements that follow. 11. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 12. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from tirne 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. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be installed underground for both primary and secondary services. 15. 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 deposit as may be required by the Municipality. 16. That the Owner shall adhere to architectural control requirements of the Municipality. ~`~~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 3 Requirements to be included in Subdivision Agreement (Cont'd) 17. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. 18. 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 of the Ontario Fire Code and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 19. That the Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 20. That the Owner agrees to re-lot Lots 91 - 94 to provide the following frontages: a) Lot 91 - 11 metres b) Lot 92 - 11 metres c) Lot 93 - 11 metres d) Lot 94 - 13.25 metres 21. That the Owner agrees that the south side of Street "B" must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone, gas and cable television for any future lots which may front onto the south side of Street "B". The servicing of the future lots on the south side of Street "B" shall be in a configuration acceptable to the Director of Planning and Development and acceptable to the Director of Public Works. 22. That the Owner agrees to be responsible for the implementation of traffic-related improvements deemed necessary by the Director of Public Works to service this subdivision and as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October, 1997. Specific improvements will be determined at the detailed engineering review stage with consideration given to the conclusions in Section 9 of the Traffic Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Public Works. G7~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 4 Requirements to be included in Subdivision Agreement (Cont'd) 23. That the Owner agrees that Lots 85 to 87, all inclusive, be red-lined revised to create three future development Blocks to be developed at such time as Street "F" is constructed to the satisfaction of the Director of Public Works. 24. That the Owner agrees that temporary turning circles be provided at the terminus of Streets "C" and "D". Lots 73, 74, 84 and 88 will remain "frozen" until such time as the adjacent lands to the east are developed and the roadways are extended and constructed to a finished urban standard including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Streets "C" and "D", the Director of Public Works may require that the temporary turning circles be constructed to an urban road standard. 25. That the Owner agrees to provide a temporary intersection configuration at the intersection of Streets "A" and "B". No portion of Street "A" situated north of Street "B" shall be constructed until such time as the Owner has entered into an appropriate development agreement for the lands situated immediately to the north of this subdivision. Lots 40-42 at the end of Street "A" will remain frozen until such time as the adjacent lands to the north are developed and the roadway has been extended and constructed to a finished urban standard including regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees, and street lighting, for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Street "A" to the north, the temporary intersection configuration must be constructed to an urban road standard. 26. That the Owner agrees to be responsible for 100% of the cost of any works, road or drainage related, that are associated with providing a suitable road connection for Street "B" to Hancock Road. The works deemed necessary to facilitate a suitable connection shall be determined at the discretion of the Director of Public Works. 27. That the Owner agrees that Street "E" must be constructed in conjunction with the other Streets within this plan of subdivision. 28. That the Owner agrees to make the front end payments to the Municipality for the amounts stated in the Macourtice Front-Ending Agreement entered into between the Municipality and Macourtice Developments Inc. prepared by G.M. Sernas and Associates dated April, 1997 and as finally approved by the Director of Public Works. 29. That the Owner agrees that the Subdivision Agreement for this plan of subdivision shall contain appropriate clauses detailing the front end payment, timing, amount, and in accordance with the provisions of the Development Charges legislation, the Front Ending agreement and to the satisfaction of the Municipality's solicitor and the Director of Public Works. ~`~2 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 5 Requirements to be included in Subdivision Agreement (Cont'd) 30. That the Owner agrees that the phasing or development of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of external road improvements. The proposed phasing of this draft plan shall conform to the recommendations contained in the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M Sernas and Associates and will be subject to the approval of the Director of Public Works at the engineering approval stage. 31. That the Owner agrees that all aspects of municipal servicing must be implemented in accordance with the recommendations of the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 32. That the Owner agrees that the location of the future truck sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized. The ultimate location must not adversely affect the roads, parks or parkettes within the Hancock Neighbourhood. 33. That the Owner agrees to provide full urban services (sanitary sewer, watermain and storm sewer connections) for Lot 95 located on Nash Road. 34. That the Owner agrees that residential lots 40 to 70 inclusive are situated adjacent to lands designated as a woodlot and must not interfere with the natural drainage from the woodlot to Streets "A" or "B". Additional measures such as rear yard catchbasins, external easements and swales may also be required. The Director of Public Works may require additional measures to be implemented to address this matter. 35. That the Owner agrees that the forest edge management plan for Lots 40 to 70 may require an amendment in consideration of the Municipality's lot grading guidelines and municipal servicing. Any trees in the opinion of the Director of Public Works, which are in conflict with lot grading or municipal servicing and cannot be saved, will be designated for removal. 36. That the Owner agrees that the final engineering design of the major flow route must minimize the placement of fill within the subdivision. 37. That the Owner agrees that the Director of Public Works shall approve the use of rear yard catchbasins within the subdivision which must be minimized. t~3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 6 Requirements to be included in Subdivision Agreement (Cont'd) 38. That the Owner agrees that the storm water management works necessary for this watershed and draft plan, must be constructed at the Owner's cost in accordance with the East (Macourtice) Tributary of Black Creek Master Drainage Study, dated August 1991, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 39. That the Owner agrees to provide the Public Works Department with a Storm Water Management Implementation Report, which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this draft plan in the absence of the balance of the watershed. The required report shall be subject to the approval of the Director of Public Works. 40. That the Owner agrees that storm water drainage under minor and major storm conditions within this plan of subdivision must be directed to open space lands whenever possible. The engineering design for this draft plan must make appropriate provision for this requirement. 41. That the Owner agrees to provide a water supply contingency plan satisfactory to the Director of Public Works for the supply of water to the local residences in the event that during subdivision servicing, the groundwater table has been impacted. This plan may include the provision for the extension of watermains, if deemed necessary by the Director of Public Works. 42. That the Owner agrees to be responsible for the construction at its expense or to provide a financial contribution to the Municipality towards the construction of any downstream erosion protection works which are in the opinion of the Director of Public Works caused or aggravated by the development of this plan of subdivision. 43. That the Owner agrees that all works and facilities necessary for groundwater management must be constructed in accordance with the Environmental Impact Statement (Courtice North 3CI1) dated 1996, prepared by Ecoplans Ltd. and as finally approved by Central Lake Ontario Conservation. 44. That the Owner agrees that appropriate provision must be made for on-street parking in accordance with current municipal policies. The detailed engineering design for this subdivision must incorporate any specific requirements contained in the Neighbourhood Plan. 45. That the Owner agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and the future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. C3 ,7 -~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 7 Requirements to be included in Subdivision Agreement (Cont'd) 46. That the Owner agrees that this development cannot proceed to construction until such time as the Municipality has approved the expenditure of funds for the provision of roads, street lighting or sidewalk improvements on Nash Road and Hancock Road. 47. That the Owner agrees that as a condition of approval to permit the installation of municipal services within the Nash Road pavement structure, the Owner is required to restore the Nash Road pavement structure. Nash Road must be restored to a rural standard constructed at an urban road profile including appropriate granular base, sub-base and base asphalt, from Street "A" westerly to the limit of the future Storm Water Management Pond, in accordance with the Municipality's Design Standards and Specifications and to the satisfaction of the Director of Public Works. 48. That the Owner agrees that this development cannot proceed until the such time as the Municipality has approved the expenditure of funds for the construction of the Neighbourhood Park as well as any other external works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Public Works to service this development. 49. That the Owner agrees that al I works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, the provisions of the Municipality of Clarington Development By-law 92- 015and all applicable legislation to the satisfaction of the Director of Public Works. 50. That the Owner agrees to meet all the requirements of the Public Works Department, financial or otherwise. 51. That the Owner agrees that prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques that are satisfactory to the Conservation Authority; b) 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, b`1J CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 8 Requirements to be included in Subdivision Agreement (Cont'd) c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 52. That the Owner agrees that prior to final approval of the plan or any site alteration, the Owner shall submit and obtain approval from Central Lake Ontario Conservation Authority, the Director of Public Works and the Director of Planning and Development for: a) forest edge management plans for Lots 12 to 70, detailing measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; b) detailed design and location plans of all groundwater infiltration measures to be incorporated on site; and, c) an environmental construction management plan, which details the construction timing and specifications for all environmental impact mitigation measures, including project management and site supervision. 53. That the owner shal I agree in the subdivision agreement to: a) develop the plan in accordance with the plans, reports, and recommendations as required through Conditions 51 and 52; b) maintain existing paige wire farm fence along the west property limits of Lots 12 - 39 and the north property limits of Lots 40 - 70 during the period of construction; c) install temporary fencing, with filter fabric attached, at least 2 metres outside of the dripline of the woodlots adjacent to Lots 12 - 70 prior to any construction occurring on said lots; d) install permanent chain-link fencing along the west property limits of Lots 12- 39 and the north property limits of Lots 40 to 70 prior to any construction occurring on Lots 12-70 in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CI1, Ecoplans Limited, 1996 and Municipality's Design Standards and Specifications. b`>6 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 9 Requirements to be included in Subdivision Agreement (Cont'd) 54. That the Owner shall confirm that satisfactory arrangements, financial or otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground. 55. That the Owner shall agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. 56. That the Owner provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and as registered. Other Requirements 57. That the Owner shall pay for those service charges and/or development charges which are in effect at the time of registration of any portion of this plan. Said charges shall pertain to those services which are the responsibility of the Region. 58. That the Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development, and these easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the subdivision agreement. 59. That the Owner agrees that engineering drawings for Regional services and the proposed final plan of subdivision shall be submitted to, and approved by, the Regional Works Department prior to the preparation of the subdivision agreement. 60. That the Owner agrees that satisfactory arrangements shall be made for the financing of the Region's share of servicing, if any, prior to the release of the final plan for registration. 61. That the Owner agrees that sanitary sewers and watermains shall be designed in accordance with those standards approved by the Region. 62. That the Owner agrees that if this subdivision is proposed to be developed by more than one registration, the Owner shall be required to submit a plan showing the proposed phasing, to the satisfaction of the Region. ~ ~~ 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 10 Other Requirements (Cont'd) 63. That the Owner agrees that any sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 64. That the Owner agrees in writing to satisfy all the requirements of the Region concerning the provision of roads, sewers, water, and other Regional services. 65. That-the. Owner provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of the plan which are required to service such plan. In addition, the Owner shall provide for the extension of trunk 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 shall be designed and constructed according to the standards and requirements of the Works Department of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Regional Municipality of Durham and are to be completed prior to release of the final plan for registration. 66. That the Owner shall satisfy the Region, prior to entering into a subdivision agreement, that adequate water pollution control plant and water supply plant capacities are available to service the development. 67. That the Owner agrees that traffic control measures, to ensure safe pedestrian movement across Nash Road, be provided. These measures shall include signalization and crosswalks at the intersection of Nash Road and Street "A" and shall be to the satisfaction of the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board. b `~ ~7 ~••••••• ~.w.~. 10#2.a uw.RUwr ~ .,,.... ~R.~E,.«..~ AFSIOp1yy RFgp1{$ .,1. lIN M1.nE 4EVFIIMRFM f1FYFNlWY NIgttI1FS611C IlY XIIWO MRIt i~ WEIFM.RY ~n~ ROAD YI~G ~Nt >fin REtfPYEi ~~ ROIOS ~Y qf4 pOADS Ym RA M'. NA Rr >QI An RO.W. ~ r ao.w. ^ rR Imu urr UMTLWM R.nlala u>~ Rnars a. vx+n riROer~cRm Imu~ w.r ~ M1~ °~iw.m~n ~.nm ~~' eti9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT t~2 BY-LAW NUMBER 98- - being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle. The Ontario Municipal Board amends By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle as follows: Section 13.4 "SPECIAL EXCEPTION -URBAN RESIDENTIAL TYPE TWO (R2) ZONE", is hereby amended by adding thereto the following new Special Exceptions 13.4.18 and 13.4.19: °13.4.18 URBAN RESIDENTIAL EXCEPTION (R2-18) ZONE Notwithstanding Section 3.1 (f) and 13.2, those lands zoned "R2-18" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 370 square metres b) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage iii) exterior side yard 4.5 metres iv) rear yard 9.5 metres c) Accessory building/structure rear yard (minimum) 2 metres "13.4.19 URBAN RESIDENTIAL EXCEPTION (R2-19) ZONE Notwithstanding Section 3.1(f) and 13.2, those lands zoned "R2-19" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 420 square metres c) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage iii) exterior side yard 4.5 metres iv) rear yard 10.5 metres c) Accessory building/structure rear yard (minimum) 4 metres "13.4.20 URBAN RESIDENTIAL EXCEPTION (R2-20) ZONE Notwithstanding Section 13.2, those lands zoned "R2-20" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) b) Lot Frontage (minimum) i) interior lot ii) exterior lot c) Yard Regulations (minimum) i) front yard ii) interior side yard iii) exterior side yard iv) rear yard 370 square metres 11 metres 13 metres 6 metres to attached private garage 4.5 metres to dwelling 1.2 metres with attached garage 4.5 metres without attached garage 4.5 metres 7.5 metres 699u~' -2- 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: a ~ "Agricultural (A)" to "Holding- Urban Residential Type One ((H)Rl)" "Agricultural (A)" to "Holding- Urban Residential Type One- Special Exception ((H)R7111)" "Environmental Protection (EP)" to "Holding -Urban Residential Type One -Special Exception ((H)R1-41)" "Agricultural (A)" to "Urban Residential Type One- Special Exception (R1-42)" "Environmental Protection (EP)" to "Urban Residential Type One -Special Exception (R7-42)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-12)" "Environmental Protection (EP)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-12)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-18)" "Environmental Protection (EP)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-18)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-19)" "Environmental Protection (EP)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-19)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-20)" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the day of approval by the Ontario Municipal Board. BY-LAW read a first time this day of 1 ggg. BY-LAW read a second time this day of 1 ggg. BY-LAW read a third time and finally passed this day of 1998. CLERK 699;~~2 This is Schedule"A" to By-law 98- , passed this day of , 1998 A.D. . .. , -- ~~e ~~~>4~~0 STREE(B ~ -i°~ ~~ ~ ~~~~ ~~~m ' ~,.. oo~oo oaaaoe o FUTURE s~`wiw °n°°E6o°c PARK Q. SPACE m m - -= === ='== = U ---`= ` --"= O _="==`= U -==-==-`_= Z __- --= Q _' FlfiURE _ - - SCHOOL Sf1E W ~~~°° sr. c oaaaao :~ :p ~~: `~° .8,: ~- LOT 27 °~ - ~ CONCESSION 3 4 57.E • ,~ ST. D :~ .` ~~ '~'. ~~ m, ~`: ,\ I ~V ~~ NASH ROAD ~C~ ZONING TO REMAIN "A" ® ZONING CHANGE FROM "A" TO "(H)R1" Q ZONING CHANGE FROM "A" TO "(H)R1-41" ® ZONING CHANGE FROM "EP" TO °(H)R1-41° Q ZONING CHANGE FROM "A" TO "R1-42" ~ ZONING CHANGE FROM "EP" TO "R1-42" ® ZONING CHANGE FROM "A" TO "(H)R2-12" ZONING CHANGE FROM "EP" TO "(H)R2-12" ZONING CHANGE FROM "A° TO "(H)R2 18 ® ZONING CHANGE FROM "EP" TO "(H)R2-18" 0 ZONING CHANGE FROM "A" TO "(H)R2 19" ~ ZONING CHANGE FROM "EP" TO "(H)R2-19" ZONING CHANGE FROM "A" TO "(H)R2-20" COURTICE ONTARIO MUNICIPAL BOARD 9u~3 ATTACHMENT NO. 3 r A i ~ -~'_i ~., ~ 1 ~ J ~~~~ ~ f `, ~, N a _ °i; ~. ~~ .,~~- i xi ~= ~ ° . , ., -~~ - - - ll - =} ~_ ~ ~e `~ ~~~ ~ ,~ f F : it [~ $ - R [ 8°s z'.'~ Y ~Ga , ~ ~ Om020 9499p~ ~'~~ } ~ ~'~~ ~~! ~~~ ° ~~ o ~m sam W ~ i }~oi2 ~f ~ ~ }} z ~ ' ~ m ~ i ~ ~ IF °con F°s mwem ~ ~ }F} ~ } ! f 9za ~a'^-i4 ip ` F ~ 3 ~ ~ t ~ ~ ~ ~ ~ i ~ E G F : it ~'~ la ~l~ l~~ [ 1~ ~~zsonn`mu oi0 ~ 11 ~ J i ~ - } ,}i ~ € i,~ ~ i. i~i~ u~m~ A ii. i ~ ~zrzFa~V` < az ~ ~ > ~ E m ~~ oH o ~ ~ _ ~ a ~ ~ ~i ~~~-' .~ `,,~ ~~ ~ , ,)fir; h99~~~,4 ATTACHMENT NO. 4 LOCATION MAP ,. LOT 29 LOT 28 LOT 27 18T-9402 -- ~ 18T-92014 ~ o - ~ 0 ~ ~ W ~ U Z U W ~ O Q 2 ~sw~F ~~E~, ~ ROAD ~~~~ ~ ~ N scccwawr uu~ a ~ i i (MM 7 W CONVUNC O ~ m cawncx t ~° c~a /; ~^ III/ LM'K' \ UR[" V~/ /I U `_ ~~- - ~ NAG W ~~,_,\ o ~?~_~I~1~~~ ~~ ~ qY ~, ~ 2T ®HANCOCK `" COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS 90.00 DEVELOPMENTS SITES 699u ATTACHMENT NO. 5 ,. i "+c~U ]~~ ] ~18T-94027 ,e 1 ~ `' imu uen. ryrnW UnL t ep< PARKETTE ¢ usx L ~ i b W , ime ~ woootor N '{ 3i ~~- OTK 1Mp h~MeMd tIM~ !9M V ~ ea Sips E F ~ Fe ' SPpC I s , ` , a'. tar-s2ot4 ~' DRIVE GEORGE REYNOLDS ~ ' .~~~ ..~ waoocor ~Y ~Y ~~ - ' tea= <f 3 i.T.f ee ~ Y ~t-0]lu J ] 0 w ~~ eK+ ~" ~,; ~ O O ' ~ e e v'f~' S 3N1HiY ~. • WP1 M. O v Y ~ ~~ Q a m~ ~ y r < •~ ~}4as~~ ~ ~ Z - ¢ eerL S. t, ~c e i- ~w ~ ¢ U CC .ry y s ~ a O ~o ~ °M ,ZI ~V ,, e: "~ `Yam'Q ~ .. ~PAGE~ ' ~~' ..,.; ~ ;'. aI GRE~~ M ~]a'ti A ]wen. N~ e . ,.. •o n CHURL`H ~ a ~ ~ ~ ~ ` ~~' ^ i3 dt S] ~ - i - ~ NASN ROAD '~ - STORMWA7ER w -" MANAGEMEM ~ <'t 2" POND.. ~` ~pqo ~ ° t 215 M. rt't a~f# y j c.. y f A `l'. `` ~5 ~y~ e~v3 ~ m~T }Y '' l '~ +~, 1'~"Y6~FARAt~ ~ ~ ~1` 4 L ~` - - ~bd~ a, ^~ awo rr EEK ,3~ ~ ~~ ~„ ~CK ~:~ z a ~.,,~]r 8 tQN I ~ K ~~ B~,CK CREE I ~~ ~ ~ F~J$TING flE51[)FMV.I 0.]!N O 24m SINGLES ~ INFILL flESICFN]WL _ 15 m $INGIES NEIGH90UflH000 / . ` ~ \ CAMMERCNL ~. y/GHIYAY/Vo-? 0 ,$.]m$INGLCS 0 GaEEN wncE ~ DRAFT ~ -~ ,]m$INGLLS \ ~ 0 ,~„~ ~HANCOCKNEIGHBOURHOOD OemSEMGE„~„EG 54 $q,G~,~ DESIGN PLAN ® ~ MEUNM ptNSI]V \ g1UPCM b99v~~6