Loading...
HomeMy WebLinkAboutPD-108-98o ~` ~ DN: PD-108-98 t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #-piZ. IST.94o~7 Date: Monday, September 21, 1998 Res. #GP)a - Sba-9~" Report #: PD-108-98 FILE #: 18T-94027• DEV 94-067 (X-REF: COPA 97-007) By-(aw # -/ Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENTS CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 28, CONC. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-94027; DEV 94-067 (X-REF: COPA 97-007) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-108-98 be received ; 2. 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-94027 subject to the condition< 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. 699u~7 i z, REPORT NO.: PD- 108-98 PAGE 2 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company 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 190 unit plan of subdivision consisting of 34 single detached dwelling units, 128 semi-detached units, 28 townhouse units and various residential reserve blocks. Revised Proposal: The revised proposal (see Attachment No. 1) is seeking approval fora 151 unit plan of subdivision consisting of 79 single detached dwelling units, 72 semi- detached units and a 0.1 hectare parkette. 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 (CLOG). 1.6 Site Area: 9.355 hectares 1.7 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • Retail Demand & Impact Study • Preliminary Hydrogeologic Assessment Preliminary Environmental Overview Assessment • Addendum Environmental Overview Assessment • Environmental Impact Statement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report Revised Municipal Servicing Report • Traffic Analysis for the Hancock Neighbourhood 6990G~ c REPORT NO.: PD- 108-98 PAGE3 Noise Impact Study Phase I Environmental Site Assessment • Phasing Document three (3)separate Neighbourhood Design Concepts 2. EXISTING AND SURROUNDING LAND USES 2.1 The lands subject to the applications are currently used for agricultural purposes and are located in Part Lot 28, Concession 3, former Township of Darlington (see Attachment No. 2). The surrounding land uses include. North -woodlot; open space South -large lot residential East -woodlot West -large lot residential 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 former Official Plan did allocate a population of 1000 people, established a collector road network, and delineated a 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. 699Uu9 REPORT NO.: PD- 108-98 PAGE 4 3.2 Plan of Subdivision and Rezoning Applications In December of 1994, the applicant applied to the Region of Durham for the approval of the plan of subdivision (18T-94027). The applicant also filed the zoning amendment application (DEV94-067) with the Municipality in December of 1994. Council's position with respect to these two development applications was to refer the application 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 recommended on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Officiai Plan Amendment was approved as provided for in the Clarington Official Plan. The Neighbourhood Plan Amendment application was closed as the Courtice North Neighbourhood Plan had been repealed by Council on January 29, 1996. 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 69910 REPORT NO.: PD- 108-98 PAGE 5 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) as outlined in Section 3.4 below. 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 application 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; • the subject application for draft plan of subdivision 18T-94027; • the subject application for rezoning DEV 94-067; • the southerly application for draft plan of subdivision 18T-92014; and, • the southerly application for rezoning DEV 92-033; • 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 12, 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 Municipality and Courtice Heights Developments, which are parties to the hearing, the 699011 REPORT NO.: PD- 108-98 PAGE 6 following persons have identified to the Board 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 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, 1998 Public Meeting was given as follows • Public Meeting signs for the revised application were installed on the lands subject to draft plan of subdivision; 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 clarification of the proposed development and the procedures for approval. 699Ui2 REPORT NO.: PD- 108-98 PAGE 7 4.3 Written notice of this Report appearing on the agenda was provided to all residents who addressed Committee at the July 13, 1998 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 east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. 69903 REPORT NO.: PD- 108-98 PAGE8 The predominant use 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. Tableland Woodlots have also been identified in the northeast corner of the neighbourhood, in the southwest quadrant, and at the eastern boundary midway up Hancock Road. The Lake Iroquois Beach is identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of groundwater discharge and recharge. This proposed plan of subdivision is designated Urban Residential with a Medium Density symbol. The site also contains part of the collector road network for the Neighbourhood. The proposal conforms with provisions of the Clarington Official Plan, as amended by Amendment No. 10, forwarded by Report PD-106-98, on this agenda. 6. ENVIRONMENTAL REPORTS 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 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 report indicates that groundwater flow in the shallow zone does not contribute directly to the maintenance of baseflow to Black Creek. 699u4 REPORT NO.: PD- 108-98 PAGE 9 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 on 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. 6.2 Environmental Impact Report (EcoPlans Limited) The vegetation communities found in 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 699u15 REPORT NO.: PD- 108-98 PAGE 10 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 sized, 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 activities on the adjacent parcels owned by Courtice Heights Developments. Awell-developed understorey which has regenerated along the edge acts as a buffer to the woodland interior. The report indicates that 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 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 b99~i i 6 REPORT NO.: PD- 108-98 PAGE 11 stewardship program to educate future residents on maintenance of woodlot values. Old 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 ephemeral 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 community 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 located is not 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 community can be considered at such time as a development proposal is submitted for these properties. These measures could include the 699u17 REPORT NO.: PD- 108-98 PAGE 12 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 expected 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 riparian 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. 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. 699U1~ REPORT NO.: PD- 108-98 PAGE 13 The Conditions of Draft Approval for the proposed subdivision 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 the subdivision had been identified as having a high potential for the discovery of archaeological remains. The Ministry requested that the applicant provide an archaeological assessment of the site, which was conducted and submitted in 1995. No remains were found and the Ministry is now satisfied that concerns for cultural heritage resources have been met. 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. The Regional Works Department considers the draft plan of subdivision to be non-sequential with respect to the provision of regional sanitary sewer and water services. However, they have no objection to the further processing of the application. The following comments were provided to the OMB along with a list of the conditions of draft approval: 699~i9 REPORT NO.: PD- 108-98 PAGE 14 • Municipal water supply will require an extension of a 300 mm watermain on Courtice Road from Nash Road to approximately 800 metres north of Nash. A second watermain feed will be required from Nash Road, through the south plan of subdivision (18T- 92014), and on easements to be obtained by the applicant, to the south limit of plan 18T- 94027. • The proposed development is on a two way sanitary sewage drainage area. The lands can drain south, along Courtice Road, then westerly through easements, which must be obtained, to the sanitary sub-trunk sewer situated at Trulls Road and Nash Road. Alternatively, they can drain south through acquired easements, to the sub-trunk sewer located on Nash Road at Fewster Street. • The revised plan shows a permanent access to Courtice Road from Street A. A 10m x 5m sight triangle is required at this intersection. 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 request 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 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. • the applicant must construct to full municipal standards, the extension of Street °A" which is a connecting link for the north limit of plan 18T-92014 to the south limit of this plan. 699U~0 REPORT NO.: PD- 108-98 PAGE 15 • 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 plan of subdivision cannot be registered until such time as draft plan of subdivision 18T-92014 has been developed and the internal roads and infrastructure have been constructed to the satisfaction of the Director of Public Works. • 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 Courtice and Nash Roads; and ii) the construction of the Parkette (Block 125). 7.7 CLOC Comments CLOC requested that prior to any on-site grading, or construction, or final approval of the plan of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: • the intended means of conveying stormwater flow from the site; • the anticipated impact of the development on water quality; and 699u~1 REPORT NO.: PD- 108-98 PAGE 16 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 1 to 22; • 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 1 to 22 the owner agrees to install fencing along the east property limits of the lots. 7.8 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". However, the condition will be implemented through the conditions of draft approval for the related plan of subdivision 18T-92014 to the south. 7.9 Kawartha Pine Ridge District School Board Comments The Kawartha Pine Ridge District School Board has requested that this plan of subdivision not be approved until plan of subdivision 18T-92014, which contains the school site, is approved. 699uL2 REPORT NO.: PD- 108-98 8. STAFF COMMENTS PAGE 17 8.1 In order to discuss the issues related to the proposal, the comments have been organized on the basis of the following major topics: • environmental issues • neighbourhood design plan growth management density parking issues • watershed study 8.2 Environmentallssues Concern has been expressed by the 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 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. 699~~3 REPORT NO.: PD- 108-98 PAGE 18 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. 5) 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. 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. 699U~4 REPORT NO.: PD- 108-98 PAGE 19 8.4 Growth Management Section 5.3.6 of the Clarington Official Plan states that in considering an application for approval and phasing of residential development the Municipality shall seek to ensure, among other matters the sequential development of neighbourhoods and the prevention of "leap frogging" of vacant lands. The Official Plan also states that in the approval of a draft plan of subdivision, the Municipality will recommend appropriate conditions to implement the policies of Section 5.3.6, and final approval for registration of any plan of subdivision, in whole or in part, may not be granted unless the Municipality is satisfied that the principles of Section 5 have been meet. Section 5.3.9 gives Council the authority to declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following apply: • the plan does not implement the principles contained in Section 5.3.6; • the municipal wide non-residential assessment is less than 15 percent of total assessment; • the capital works services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast; or • Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of service for those residents who would be accommodated in the proposed plan of subdivision, as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. Both Regional and Clarington Public Works Departments have noted the non-sequential nature of this plan of subdivision and have indicated additional requirements that the applicant must satisfy to enable the development of these lands. Staff's opinion is that the issue of growth management with respect to this plan of subdivision is an issue of sequential development and not an issue of prematurity. The basis for this position is that the works required for the development of this plan of subdivision are provided for within the Development Charges By-law, although the works are not currently 699u~5 REPORT NO.: PD- 108-98 PAGE 20 budgeted for. Nevertheless, the conditions of draft approval contain several conditions which are quite onerous to the owner including conditions which: • require the acquisition of additional external lands for storm water management purposes; • require the acquisition of additional external lands to provide for a connecting link on Street "A" between the north plan of subdivision (18T-94027) and the south plan of subdivision (18T-92014); • prevent development until external works, which are provided for in the Development Charges By-law, are budgeted for; and • prevent development in this plan of subdivision until permits have been issued for 75°l0 of the total housing units in the south plan of subdivision (18T-92014). Since prematurity is not an issue, Staff are of the opinion that the conditions of draft approval will allow for the development of the neighbourhood to proceed in the sequential manner. 8.5 Density Issues 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 699U~6 REPORT NO.: PD- 108-98 PAGE 21 which yield a greater population per unit than the medium density units. 8.6 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 G.M. Sernas and Associates, for the Clarington Public Works Department review and comment. The Public Works Department noted the parking plan provides 153 on-street parking spaces which greatly exceeds the minimum requirement of 51 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. 8.6 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-108-98 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, Reviewed by, ~ ~ ~-e :.. c~-u.. Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. WM*DC*FW*cc 699G~7 REPORT NO.: PD- 108-98 PAGE 22 10 September 1998 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.S -Draft Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision: WDM Consultants Doug Dearden 20 Clematis Road 3163 Courtice Road Willowdale, Ontario M2J 4X2 Courtice, Ontario L1 E 2H8 Stan & Libby Racansky Mr. T. Givelas 3200 Hancock Road 7 Fewster St. Courtice, Ontario L1E 2M1 Courtice, Ontario L1E 2V7 Pam Callus Pat MacDonald 3452 Courtice Road 1834 Nash Road Courtice, Ontario L1E 2L6 Courtice, Ontario L1E 2M2 Linda Gasser Andre Nadler P.O. Box 399 1828 Nash Road Orono, Ontario LOB 1M0 Courtice, Ontario L1E 2M2 Kerry Meydam 3828 Trulls Road Courtice, Ontario L1E 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 L1E 2H8 699u2~ ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 1 Plan Identification 1. That this approval applies to draft Plan of Subdivision 18T-94027 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 52, 76 to 81, 86 to 93 and 103 to 115 all inclusive for single detached dwellings, Lots 53 to 75, 82 to 85 and 94 to 102 all inclusive for semi-detached or linked dwellings, Block 116 for future development, Block 125 for park, 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 highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. Requirements to be satisfied prior to Subdivision Agreement 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a 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. 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. 699~~~a CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 2 Requirements to be satisfied prior to Subdivision Agreement (Cont'd) 9. That the Owner shall: a) dedicate Block 125 for park purposes, free and clear of any encumbrances and in a condition satisfactory to the Director of Public Works. Any over dedication of parkland provided by the applicant in this draft plan, draft plan of subdivision 18T-92014 and any other lands acquired by the Owner within Hancock Neighbourhood for which the applicant requires reimbursement, shall be addressed in the subdivision agreement. and b) transfer free and clear of all encumbrances, or grant an easement, free and clear of all encumbrances; whichever is determined as necessary by the Director of Public Works, for the lands identified as Green Space in Phase 2A as shown on the Hancock Neighbourhood Phasing and Implementation Plan as finally approved. 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 time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the owner. 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 buried 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. 7 ~ ' . _. ~, ~; LI CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 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, to 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 Ministry of the Environment 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 that the north side of Street "A" must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto the north side of Street "A". The future lot configuration of any future lots on the north side of Street "A" must be determined to the satisfaction of the Director of Public Works and the Director of Planning. 21. That the Owner agrees to be responsible to implement any traffic related improvement measures deemed necessary to service this subdivision as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October 1997 and as finally approved by the Director of Public Works. Specific improvement measures will be determined at the engineering review stage with consideration given to the conclusions in Section 9 of the Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Public Works. 22. That the Owner agrees that the development of this plan of subdivision is contingent on the Owner constructing at its cost, to full municipal standards: a) the extension of Street "A" from the north limit of plan 18T-92014 northerly to the south limit of this plan of subdivision; and b) the Owner constructing a Storm Water Management Pond on Block 77, Plan 40M- 1675. 699~~1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 4 Requirements to be included in Subdivision Agreement (Cont'd) 23. That the Owner agrees to provide temporary turning circles at the terminus of any streets which are situated adjacent to undeveloped lands. Lots 36 and 37 at the end of Street "F" will remain "frozen" until such time as the adjacent lands to the south 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" lands. 24. That the Owner agrees that building permits for Lots 1, 52, and 68L will not be issued until such time as a suitable house siting and driveway access location has been submitted and approved by the Director of Public Works. 25. That the Owner be required, as condition of the Subdivision Agreement, 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. 26. That the Owner agrees that the Subdivision Agreement will contain appropriate clauses detailing the front end payment, timing, amount and in accordance with the provisions of the Development Charges legislation, and to the satisfaction of the Municipality's solicitor and Director of Public Works. 27. That the Owner agrees that this plan of subdivision cannot proceed to registration until such time as draft plan of subdivision 18T-92014 to the south has been developed and the internal roads and other servicing infrastructure has been constructed in a manner satisfactory to the Director of Public Works. 28. That the Owner agrees that the phasing or timing of this draft plan of subdivision within the overall neighbourhood will be dependent on land ownership, storm water management works, road access and the availability of funds for external works. The suitability of any proposed internal phasing of this draft plan must conform to the recommendations contained in the Hancock Neighbourhood Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 29. That the Owner agrees to be responsible for the extension of Street "A" from the southerly limit of this draft plan to the northerly limit of draft plan of subdivision 18T- 92014. Street "A" must be constructed to a full urban profile to serve as a link for transportation, watermains, sanitary sewers, storm sewers, utilities and as a pedestrian link to the Neighbourhood Park. The required road extension must be included in the development agreement and must be constructed during the initial stage of development. 699~~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 5 Requirements to be included in Subdivision Agreement (Cont'd) 30. That the Owner agrees that all aspects of municipal servicing must be implemented in accordance with the recommendations of the Hancock Neighbourhood Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 31. That the Owner agrees that the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized. The ultimate location must not be located within local roads, parks or parkettes within the Hancock Neighbourhood. 32. That the Owner agrees that Lots 1 to 22, which are situated adjacent to the land designated as Woodlot must not interfere with the natural flow of water from the Woodlot lands onto George Reynolds Drive (future) or Street "A". The relocation of some lots in this area may be required. Additional measures such as rear yard catchbasins, external easements and swales may also be required. Any additional measures deemed necessary to meet this requirement must be satisfactory to the Director of Public Works. 33. That the Owner agrees that the placement of fill within Blocks designated as Open Space or Woodlot will not be permitted. The Owner must demonstrate that Lots 1 to 22 situated adjacent to these open space areas can be appropriately graded without the placement of any fill on lands designated for municipal purposes. 34. That the Owner agrees that the proposed tree preservation proposal for Lots 1 to 22 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 salvaged, will be designated for removal. 35. That the Owner agrees that the final engineering design for the major overland flow route must minimize the placement of fill within the subdivision. 36. 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. 37. That the Owner agrees that the storm water drainage and facilities necessary for this 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. The Owner will be required to construct a Storm Water Management Pond on Block 77, 40M-1675. 699~;~3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 6 Requirements to be included in Subdivision Agreement (Cont'd) 38. 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 flows under minor and major storm conditions within the Hancock Neighbourhood 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 be responsible to construct at its expense or provide a financial contribution to the Municipality, toward 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. 42. 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 3CIp, dated 1996, prepared by Ecoplans Ltd. and as finally approved by Central Lake Ontario Conservation. 43. 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. 44. That the Owner agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The applicant will be responsible for 100% of the cost of establishing this benchmark. 45. That the Owner agrees that this development cannot proceed until such time as a) the Municipality has approved the expenditure of funds for the installation of street lighting and sidewalks on Regional Road 34 (Courtice Road) and for the construction of the parkette (Block 125) 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; and, b) building permits have been issued for a minimum of 75% of the total housing units permitted in draft plan of subdivision 18T-92014. 699~~~+ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 7 Requirements to be included in Subdivision Agreement (Cont'd) 46. That the Owner agrees that all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, the provisions of the Municipality of Clarington Development By-law #92- 015 and all applicable legislation and to the satisfaction of the Director of Public Works. 47. That the Owner agrees to meet all the requirements of the Public Works Department, financial or otherwise. 48. 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 and the Director of Public Works; 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, 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. 49. 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 for: a) forest edge management plans for Lots 1 to 22 and the north side of Street A, 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. 699~~5 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 8 Requirements to be included in Subdivision Agreement (Cont'd) 50. That the owner shall agree in the subdivision agreement to: a) develop the lands within the plan of subdivision in accordance with the plans, reports, and recommendations as required through Conditions 48 and 49; b) install fencing along the east property limits of Lots 1-22 prior to any construction occurring on lots 1-22 in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CI1, Ecoplans Limited, 1996. 51. 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. 52. 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. 53. 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 54. 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. 55. 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. 56. 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. 57. 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. 58. That the Owner agrees that sanitary sewers and watermains shall be designed in accordance with those standards approved by the Region. E~9`?i_~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 9 Other Requirements (Cont'd) 59. 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. 60. 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. 61. 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. 62. 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. 63. 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. 699~~~I ATTACHMENT N0.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 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: 1. Section 13.4 "SPECIAL EXCEPTION -URBAN RESIDENTIAL TYPE TWO (R2) ZONE", is hereby amended by adding thereto the following new Special Exceptions 13.4.21: "13.4.21 URBAN RESIDENTIAL EXCEPTION (R2-21) ZONE Notwithstanding Section13.2, those lands zoned "R2-21" 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 590 square metres 23 metres 26 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 5 metres 2. Schedule "4" to By-law 8463, as amended, is hereby further amended by changing the zone category from: "Agricultural (A)" to "Holding- Urban Residential Type One -Special Exception ((H)Rt-41)" "Environmental Protection (EP)" to "Holding -Urban Residential Type One -Special Exception ((H)R7-41)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-19)" "Agricultural (A)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-20)" "Agricultural (A)" to "Holding- Urban Residential Type Two-Special Exception ((H)R2-21)" "Environmental Protection (EP)" to "Holding -Urban Residential Type Two -Special Exception ((H)R2-21)" 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 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR 699~:~ This is Schedule "A" to By-law 98- , passed this day of , 1998 A.D. LOT 28 STREET A i;::3ib;;;: 2 .: '1 ' .'83.'..'96.' •.34.' ' ~ ~.. ~ .. :SS169i):: i ~ U Q gg .'84~• •.9Y'. '.100.' ..... l:~)ir1):y)1 . STREET B w •; 4': w 5':'': W 8 s ;.jot., ~ O ~ w ~ ..~ .:;,::U . ... , . « ~, 12 W O m m ; ~ tai~iii i U U ':1:ar:*s; Z STREET B 1s -: :: ~ )SGi` U BLOCK 116 rii 19 BLOCK 117 R0.4D WIDENING ~~ a DEVELOPMEM ~i 20 ~ 2t :~ 0.058 HA 0.029 HA ' .P: .6i:~22i a ® ZONING TO REMAIN "A" I Q ZONING CHANGE FROM "A" TO "(H)R1-41" ZONING CHANGE FROM "EP" TO "(H)R1-41" ~I ZONING CHANGE FROM "A" TO °(H)R2-12" ~I ZONING CHANGE FROM "A" TO °(H)R2-19" ~` ZONING CHANGE FROM "A" TO "(H)R2-20" J ZONING CHANGE FROM "A" TO "(H)R2-21" " ZONING CHANGE FROM "EP" TO "(H)R2-21" COURTICE 6 Q ~ 1 ~ i 1 ` ONTARIO MUNIC IPAL BOARD ~ ~ ~~ I ' - 1 ~o ~~~d ~l f ~ .' -o o O ~ II ~ ~ i`~j ~I ~ j II ~l ~tl O ~~~~~(~D ____ o oa-: a? ~-. - --- _-60- - 8 CON 3, - ~~ d ~ 1. P °' -" - ` i~~~\ O /+ ~ ~ ~ /~ I ~`'~~~~~ t <-- I Il /~ s i ;. , ,i I ~ ( , 1 - ~ ,. if - w o ~~ / N ~. `II ~ o; °fii~ C I I o ~'v I N P V ^ez • ~ ,~ ~ ~,U \ S E A r-,- ~l .ice/ - ` / ~ ~~ ~l ~~ r ~_i / N ^ r i ~` A I ~;' v N r ~} ~ ~- -y s ~ f,.~~! 1 ~ 27 ~ON 3 ,. ~ ~, . 1 ^(/ ; , ~ `J cam.. =~J~' ' _~' ~J ~~' /~ G/ 'fi) ~ f~i,~lll mN"s~ ~~ mss',°~„gym _ '~_. !1~1 it ~,j' i~ 7«~ ii mR ~y _ _ ~ s ti; t1~ f; F~ ~~ ~_d. I __ d ~ gg aozon~aa _ ~ ~ i;3 p{~ OTOaam W 6 ~ o a [ + o~~foay9~ -i fi ej~t i R rf ~g ~ t f f _~ 7}i lYaia3amoom r ~ ~1 r d~ " r~ t t i I •3[ zsac ~~n`^o N Itjeqp I nl td~ ~~i~non O a 0 ~ 'rr9 I Z 3 3 zo°o°Nma N ; ! ~r ~ G ~ t pz[z im y V ~~ ~ ~ dj~ c. Y 3 I{ ~Ir =]y~ yo~ Fy6~~~6~ - - 'vT F r vz Oi C r I l 1' I ATTACHMENT NO. 3 r~ ~~( ~ \ / .~ `+\~/ Qp 0 o\ SP N ,~4 L~-~ , p ~ L] U o ~ a~~ ~-- _.. p99~ • / w f 69/~ T +'f5 5 9 • ~~, I +hS•.•f9 a 9L , ~. n~ ' n u N n ~ uZO ~ ~ ~`t ~ r} ~ _ _ _J _. - _ -. _ ___. - 1 - _ 1 I _ 699u4u ATTACHMENT NO. 4 LOCATION MAP LOT 29 LOT 28 LOT 27 18T-9402 18T-92014 ~'`~ p o ~ o ~ ~ O w ~ U Z ' O O Z L A~ s k A ROAD sccavam xiroa ° ~ ; x MM G. C0.4M1/MII" ~ _ CONM(k ~ ~ L~P ~f f ~K~ ~ GR[K W U Z N/G~ `~ ~ ® HANCOCK `~~ COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS ~a_oo3 DEVELOPMENTS SITES F,99 !: ? ATTACHMENT NO. 5 l IO w ~~ ~~ U ~o )~ ~~ ~n~ tOTK9%M ~aMG1I1NJ Q 168 F W. F WOODLOT w , Ymu'la®M m.wau~w I Q ~I Y of 2 2 699~;~4