HomeMy WebLinkAboutPSD-041-14 Clarington REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 23, 2014 Resolution#: By-law#:
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Report#: PSD-041-14 File#: 18T-89012
Subject: APPLICATION FOR DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 24 DETACHED DWELLINGS AND A PARK
APPLICANT: STEVEN AND KAREN CARRUTHERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-041-14 be received;
2. THAT the application for Draft Plan of Subdivision 18T-89012 submitted by D.G Biddle
and Associates on behalf of Steven and Karen Carruthers be supported subject to
conditions generally as contained in Attachment 3;
3. THAT the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-14
and Council's decision; and
4. THAT all interested parties listed in Report PSD-041-14 and any delegations be advised
of Council's decision.
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Submitted by: Reviewed by:, ik
Da id V. Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
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17 June 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-041-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Steven and Karen Carruthers
1.2 Agent: D.G Biddle and Associates
1.3 Proposal: The proposed Draft Plan of Subdivision includes 24 lots for
24 single detached dwellings and a 0.98 hectare park.
1.4 Area: 14.92 hectares
1.5 Location: Northeast quadrant of the Hamlet of Enniskillen, being Part
Lot 18, Concession 7, in the former Township of Darlington.
2. BACKGROUND
2.1 The original application for the draft plan of subdivision was submitted by Mr. Rowan in
1989 and proposed 33 residential lots and a park block. A hydrogeological assessment
was submitted and demonstrated that a total of 27 dwelling units could be supported on
private water supply and private waste disposal systems.
2.2 The property was subsequently purchased by Mr. and Mrs. Carruthers. A revised
application was submitted in 2006 showing 26 residential units and a park. Additional
supporting documentation was also submitted, specifically a hydrogeological and site
servicing report prepared by Oakridge Environmental Ltd. (ORE).
2.3 The policies of the Durham Region Official Plan require a peer review of the
hydrogeological study be undertaken. Through the peer review process the number-of
lots were reduced to 24.
2.4 A small intermittent stream at the east property boundary was identified as a
hydrologically sensitive feature. In 2009, a revised submission was received which
showed the feature removed from the draft plan, although still in the ownership of the
applicants (see Figure 1).
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located in the north-east quadrant of hamlet of Enniskillen. The
property has frontage on Old Scugog Road and Regional Road 3. The majority of lands
are currently being cultivated. The property slopes southerly from north-west to south-
east. Immediately east of the limits of the draft plan there is a watercourse surrounded
by vegetation. This feature is identified as a hydrologically sensitive feature.
3.2 The surrounding uses are as follows:
North - one rural residential lot and cultivated agricultural lands
REPORT NO.: PSD-041-14 PAGE 3
South - hamlet residential
East - a farm supporting a residential dwelling, farm buildings and
cultivated agricultural lands
West - hamlet residential
Figure 1: Property Location Map
Property Location Map(Enniskillen)
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18T-89012
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4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
4.1.1 The Provincial Policy Statement (PPS) identifies settlement areas, including hamlets, as
the focus of growth and development. Land use patterns in settlement areas shall
promote efficient use of land, protect resources, promote green spaces, ensure effective
use of infrastructure and public service facilities and minimize unnecessary public
expenditure.
4.1.2 The proposal is consistent with the 2014 Provincial Policy Statement as it provides for
residential development within the hamlet of Enniskillen. It has been demonstrated that
the proposal can proceed on individual on-site sewage services and individual on-site
wells with no negative impacts. A park is located in the proposed draft plan and will be
accessible for all residents in the hamlet. Sidewalks will be installed on Regional Road
REPORT NO.: PSD-041-14 PAGE 4
3 and Old Scugog Road making streets safer for pedestrians. The natural heritage
feature has been removed from the draft plan and will be enhanced by additional
plantings and protected by a conservation easement and protective zoning.
4.2 Greenbelt Plan
4.2.1 The Greenbelt Plan recognizes that settlement areas in the Greenbelt are integral to the
character of the rural and agricultural areas. While growth is to be focused in areas with
municipal water and wastewater services, infill and intensification of hamlets is
permitted subject to appropriate water and sewage services. The subject lands are
within the Hamlet of Enniskillen and identified for residential use. The proposed draft
plan is consistent with the Greenbelt Plan.
4.2.2 The Greenbelt Plan includes the Oak Ridge Moraine area so the requirements of the
Oak Ridges Moraine Conservation Plan (ORMCP) continue to apply. New residential
development is permitted in Rural Settlement areas provided they are designated in the
applicable official plan for lot creation. Plans of subdivision shall provide for large
continuous open space block linking key natural heritage feature and hydrologically
sensitive features, ensure connectivity and shall design lots and roads so as to minimize
stream crossings and extensions into key natural features.
4.2.3 The proposed draft plan of subdivision is within the hamlet boundary of Enniskillen and
designated for residential development in the Clarington Official Plan. The natural
feature at the east property boundary has been removed from the draft plan and will be
subject to a conservation easement as well as placed in protective zoning. The
proposed draft plan of subdivision is consistent with the Greenbelt Plan and the
ORMCP.
4.3 Provincial Growth Plan
4.3.1 The Growth Plan provides a framework for accommodating major growth which allows
growth in Hamlet areas serviced by private individual water and private wastewater
systems although it should be limited.
4.3.2 The subject lands are within the Hamlet of Enniskillen and are identified for residential
use. It has been demonstrated that residential development can proceed on private
individual water and private wastewater systems. The proposed draft plan is consistent
with the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The Durham Regional Official Plan designates Enniskillen as "Hamlet". The Regional
Plan also indicates an application for approval of a draft plan of subdivision within a
Hamlet shall be accompanied by:
REPORT NO.: PSD-041-14 PAGE 5
a) a hydrogeological report;
b) a soil sampling program that adequately represents the geology of the
subdivision, and
c) an existing and final grading plan, indicating elevations and lot drainage patterns.
The conditions of draft approval attached to any plan of subdivision within a hamlet shall
contain provisions that:
a) all studies submitted in accordance with servicing study policies to justify the
application be reconfirmed prior to registration, and that such studies are not
more than 3 years old.
b) a monitoring program which identifies the amount of development to be permitted
in each stage, as defined by the Region, shall be in place to determine the
cumulative effect of the various stages of development on adjacent wells and the
soil and groundwater conditions;
c) the plan of subdivision shall be developed in stages to allow monitoring in
accordance with b); and
d) further stages of development shall not be permitted if the monitoring results
show that soil or groundwater contaminants cannot be mitigated and/or in the
case of an existing municipal water supply, the capacity has been reached.
Hamlet development shall only proceed if the required technical studies conclude that
the development on individual private services is sustainable.
5.1.2 The Region issued subsequent comments August 2012, which indicated that the peer
review was completed and the development of 24 residential lots could proceed subject
to a number of conditions, which are contained in the condition of draft approval
Attachment 3 to this Report.
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the subject lands as Hamlet. The predominant
form of development shall be single detached dwellings, community facilities, including
parks.
5.2.2 Residential development shall generally proceed by an application for plan of subdivision
accompanied by technical reports to the satisfaction of the approval authorities. Studies
include:
a) an analysis of the hydrogeological regime in the area to determine the availability
and quality of groundwater on a long-term basis;
b) an assessment of servicing alternatives, such as municipal and communal
services, including research into the feasibility of connecting existing
development to such systems;
c) an assessment of the long-term suitability of the soil condition for the effective
operation of private sewage disposal systems, where an investigation has
demonstrated that private services provide the optimal servicing alternative; and
d) an assessment of surface drainage.
REPORT NO.: PSD-041-14 PAGE 6
5.2.3 The subject lands are an area of High Aquifer Vulnerability. The hydrogeological report
prepared by ORE and peer reviewed demonstrates that water quality and quantity will
be maintained.
6. ZONING BY-LAW
6.1 Within By-law 2005-109, the subject site is zoned "Holding-Rural Settlement One
((H)RS1)". The south-east corner of the site shows a hatched overlay denoting the
Minimum Area of Influence Zone (MAOI) which depicts a 90 metre area of influence
from a natural heritage feature and/or hydrologically sensitive feature and its associated
minimum vegetation protection zone area. A by-law to remove the (H) Holding Symbol
will be required once the applicant complies with the appropriate policies of the
Clarington Official Plan and Zoning By-law.
This includes entering into to a subdivision agreement with the Municipality and meeting
all obligations therein.
7. SUMMARY OF BACKGROUND STUDIES
7.1 The applicant retained Oakridge Environmental Ltd. (ORE) to prepare a hydrogeological
and site servicing study to determine the suitability of this site for residential
development on private well and private sewage septic systems. The study also
provides a Natural Heritage Evaluation with regard to the significance of a small
intermittent tributary on the east side of the subject property.
7.2 Hydrogeology and Site Servicing
Oakridge Environmental Ltd. (ORE), prepared an initial report in November 2005. The
report was reviewed by the peer review consultant which recommended additional test
holes, and re-evalution of the data regarding impacts from nitrates. Supplementary
reports were provided in 2009 and 2012.
7.3 The report's key conclusions are as follows:
• The on-site test wells tap the Intermediate Overburden Aquifer. This is the
preferred aquifer for this development. It is currently utilized by the majority of the
neighbouring properties for domestic use. However, there is a deeper aquifer that
exists below the intermediate aquifer, which can be utilized.
• Interference effects between future subdivision wells and existing nearby wells
are expected to be manageable given the low density of the development and
prevailing aquifer conditions.
• Drilled wells are expected to produce good quality water. Moderately hard water
will be encountered and elevated iron concentrations may occur. Prospective
purchasers should be advised that water softeners or treatment may be required.
REPORT NO.: PSD-041-14 PAGE 7
• Proposed development be limited to twenty four (24) lots in total to comply with
Ministry of Environment's Procedure D-5-4, which limits nitrate at the site
boundary to <10mg/I.
• For all proposed lots, each new well should be tested by a qualified person (P.
Geo or P. Eng.) who will certify that the well has sufficient yield to adequately
supply the daily domestic water demand requirements of the proposed residence.
A building permit should not be issued for that lot until a certification report is
received and accepted.
• Open loop heat pump use is not recommended. Any such heat pump installation
should be considered in consultation with a hydrogeologist who can determine
that such system will not compromise groundwater availability and quality.
7.4 In June 2012, the peer review consultant provided a letter indicating that ORE
completed sufficient work to adequately demonstrate that a sufficient quantity of
groundwater was available from the aquifer with little risk to neighbouring groundwater
users and therefore no further issues needed to be addressed with respect to water
quantity or quality of groundwater at this site.
7.5 Hydrologically Sensitive Feature
A small watercourse surrounded with vegetation is located on the eastern boundary of
this site. The feature appears to be a tributary taking water from cultivated lands to the
north and east. As per the ORMCP a minimum 30 metre Vegetated Protection Zone is
required from the watercourse. The draft plan was amended to remove the sensitive
feature in 2005 (see Figure 2).
REPORT NO.: PSD-041-14 PAGE 8
Figure 2: Plan of Subdivision overlaid on Air Photo
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8. PUBLIC SUBMISSIONS
8.1 Statutory Public Meeting
The Statutory Public Meeting was held on April 10, 2006. There were eight (8)
delegations in opposition and one (1) individual in support of the application. A number
of written submissions have also been received.
The comments are as follows:
• Impact on existing wells in terms of both quantity and quality of available water;
• Who will be responsible if wells go dry?;
REPORT NO.: PSD-041-14 PAGE 9
• Municipality should be responsible for water testing to ensure accuracy;
• Water testing should be distributed to all residents in the area;
• Increase in property assessment;
• Decrease in property value if there is no water;
• Need for a park with play equipment and sports fields;
• Access onto Old Scugog Road is too close to the Enniskillen Public School,
would prefer a cul-de-sac;
• Insufficient parking at Enniskillen Public School and poor loading area for buses;
• New subdivisions have impacts on property values, traffic volumes, impact on
schools, wildlife and spoil utopia;
• Noise from construction equipment;
• Sidewalk should be installed on the east side of Old Scugog to access the park
and school;
• Concern for pedestrian safety because of increased traffic;
• Fencing; and
• Design restrictions for the new homes.
8.2 Public Information Centre
On November 7, 2012 a meeting was held at the Enniskillen Public School.
Approximately 150 notices were mailed to landowners in and around the hamlet of
Enniskillen. Approximately 35 area residents attended. The meeting was held to
address the results of the hydrogeological report and the peer review. However,
residents raised issues similar to those discussed in Section 8.1.
The issues raised at these two meetings will be discussed in Section 11 of this report.
9. AGENCY COMMENTS
9.1 Region of Durham
The Durham Regional Official Plan designates Enniskillen as "Hamlet". The Regional
Official Plan indicates that in considering Hamlet development, the following principles
shall serve to guide the preservation, cultural attributes and historic heritage of the
community;
• simplicity of form;
• predominance of residential uses;
• lots that accommodate private services;
• almost exclusively single detached dwelling form;
• few facilities; and
• views and vistas of the countryside.
The Region of Durham has no objections and provided conditions of draft approval
which included the recommendations of the peer review consultant.
REPORT NO.: PSD-041-14 PAGE 10
9.2 Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority reviewed the Hydrogeological and Site
Servicing Study by Oakridge Environmental Ltd. (ORE), November 2005 as well as
subsequent reports in 2009 and the comments from the peer review consultants in
2012. CLOCA also reviewed the preliminary site servicing and grading plan of January
2006, and the preliminary stormwater management report dated December 2013.
The Authority notes that the hydrogeological study and peer review process have
determined that a maximum of 24 lots can be developed based on allowable nitrate
levels in accordance with Ministry of Environment limits.
A minimum 30 metre Vegetation Protection Zone (VPZ) is required from the wetland
and a watercourse, as both are considered Hydrologically Sensitive Features. Although
a 30 metre buffer is being maintained between the watercourse and lot boundaries, a
reduced VPZ is provided from the wetland. CLOCA has accepted the reduction
provided a planting plan is implemented within the VPZ. A non-gated chain linked
fencing is required on those Lots 5-15 that back onto the feature. CLOCA has requested
that these lands be placed in a protective zoning.
9.3 Kawartha Pine Ridge District School Board
The Public School Board advises that elementary school pupils will attend Enniskillen
Public School (JK-6), M.J. Hobbs Senior Public School (Gr. 7-8) and Clarington Central
Secondary School (Gr.9-12).
The Board staff reviewed all supporting documentation including the Hydrogeological &
Site Servicing Study, peer review responses and stormwater management report and
deemed them acceptable.
The Board does not wish to have a mini-soccer pitch over-lapping the park block and
the Enniskillen Public School.
As condition of the draft approval the Board requested:
• a 1.8 metre chain link fence along the proposed residential lots and Enniskillen
Public School to replace the existing post and wire fence;
• a 1.2 metre chain link fence between the proposed park block and the Enniskillen
Public School. The fence shall have a 1. 2 metre wide pedestrian opening located
mid-block along the common lot line between the park and school yard; and
• a new sidewalk from proposed Street 'A" to the northernmost driveway of the.
Enniskillen Public School on the east side of Old Scugog Road.
REPORT NO.: PSD-041-14 PAGE 11
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
The Emergency and Fire Services Department do not object to the proposed draft plan
of subdivision.
10.2 Engineerinq Services
The Engineering Services Department offers no objection to the proposed draft plan of
subdivision.
Engineering Services requested the following:
• Road widenings on Old Scugog Road and Regional Road 3 sufficient to
accommodate a 1.5 metre wide sidewalk. The applicant shall be responsible for
the cost of installing the sidewalks.
• Warning clauses in the subdivision agreement which are to be included in all
purchase and sale agreements with respect to ditches. The clauses will ensure
that the purchaser is aware of the rural road design and that the maintenance of
the ditches beyond the Municipality's standard maintenance routine will be the
responsibility of the homeowner.
• The applicant shall prepare a conceptual park plan. The park site must be
fenced (where it abuts residential lots) and seeded. An electrical conduit from the
nearest hydro transformer to the park frontage shall be provided.
11. DISCUSSION
11.1 The subject site is located in the Hamlet of Enniskillen and is zoned for residential
development. The proposal is consistent with provincial policies, the policies of the
Clarington Official Plan and Region of Durham Official Plan.
11.2 Studies have been submitted to confirm that residential development can proceed on
private water supply and private septic systems with no negative impact to surrounding
wells. The hydrogeological study was peer reviewed by an independent consultant
under the administration of the Region of Durham Planning and Economic Development
Department and deemed acceptable.
11.3 The preliminary site servicing and grading plan demonstrates that the site is suitable for
private wells and private sewage systems including reserve tile beds. The stormwater
management report dated December 2013 demonstrates that the site has adequate
drainage and will not have any impact downstream.
11.4 The watercourse and vegetation along the east limits of the ownership was removed
from the draft plan and these lands will meld with the adjacent property to the east
REPORT NO.: PSD-041-14 PAGE 12
currently also owned by the applicants. To ensure further protection of this feature the
applicants have agreed to enter into a conservation easement with the Municipality of
Clarington for the protection and enhancement of these lands. Non-gated fencing
installed at the rear of Lots 5 to 15 will discourage property owners from entering the
feature. These lands will be placed in an environmental protection zone in an upcoming
comprehensive zoning by-law amendment for housekeeping items.
11.5 Residents Concerns
Wells and well interference
The most pressing concern from area residents is negative impacts on the quality and
quantity of existing area wells. At the Public Information Centre held in November 2013,
the applicants' consultants presented the findings of their report and that of the peer
review consultant. At this meeting residents were able to engage in a question and
answer dialogue with the consultants and staff.
As discussed at the meeting, the ORE reports were posted on the Municipality's website
shortly after the Public Information Centre of November 7, 2012 and remain there at the
present time.
The report prepared by ORE and the peer review consultants have concluded there is
little risk of any well interference on existing groundwater users. The conditions of draft
approval require a monitoring program to be undertaken to address potential impacts on
existing wells.
Insufficient Parkinq and Bus Loadinq Space at Enniskillen Public School
Staff have forwarded the residents' concerns to the School Board staff regarding the
insufficient parking and bus loading area at Enniskillen Public School.
Access onto Old Scuqoq Road
Residents are concerned that the access is too close to the Enniskillen Public School
access. The access from Street 'A' is approximately 75 metres from the most northerly
driveway of the Enniskillen Public School. This area of Old Scugog Road is posted as a
Community Safety Zone and is posted a maximum speed of 70 Km/h.
Sidewalks
Sidewalks internal to a hamlet subdivision are usually not required. However, the
Engineering Services Department has requested a sidewalk from the internal street,
identified as Street 'A' to the Enniskillen Public School on the east side of Old Scugog
Street. A road widening will also be required on the north side of Regional Road 3 for
the future sidewalk connection.
Park
The proposed plan of subdivision provides a 0.98 hectare park. The community would
prefer a park with play equipment and sports fields. In some instances, the municipality
will enter into a joint use agreement with the school to allow joint use of lands for sports
fields and play equipment. In this instance, the public school board does not wish to
REPORT NO.: PSD-041-14 PAGE 13
enter into such agreement. The applicant will be required to prepare a parks concept
plan and the use of the park will be determined at that time.
Fencing
Chain link fencing will be required at the rear yards of homes abutting the public school
site, between the park and lot 24, and non-gated fencing will be required at the rear
property lines of Lots 5 to 15, where the lots back onto the watercourse and vegetated
area.
Design Restrictions For The Homes
The homes in the subdivision will be subject to the Municipality's Architectural Control
Guidelines. The applicant will be responsible for the cost of a Control Architect to
review and approve all models and building permits.
Noise from Construction Equipment
Road construction and home building must comply with the Municipality's Noise By-law
2007-071.
11.6 The lands are identified as being within the boundaries of the Enniskillen Hamlet and
are identified for residential development. Although the application dates back to 1989
it has not always been an inactive application. The reactivation of this application has
followed the rigor of current provincial, regional and local policy. In consideration of the
findings of the studies submitted in support of the application, the peer review and
agency comments, staff support the proposed plan of subdivision for 24 lots.
11.7 The applicants have provided concurrence to the conditions of draft approval.
11.8 All taxes to the Municipality of Clarington have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 The Director of Planning Services should provide draft approval of the proposed draft
plan of subdivision subject to the Conditions of Draft Approval (Attachment 3).
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Cynthia Strike
Attachments:
Attachment 1 - Draft Plan of Subdivision 18T-89012
Attachment 2 - Conditions of Draft Approval
REPORT NO.: PSD-041-14 PAGE 14
List of interested parties to be advised of Council's decision:
Steve Carruthers
Karen Carruthers
Glenn Genge, D.G. Biddle & Associates
Tami and Lawrence Robitaille
Joe LeBlanc
Wally and Velma Griffin
Kristen Palumbo
Caroline Lemieux
Bradley and Sherry Lynn Millson
Eric Barkey
Heather and Cory Briese
Dave Loughlin
Jason and Beth Birney
Mark Gerrits
Jeff Metcalfe
Darryl Coleman
Cathy and Ron McAlister
Pete Keuning
Bruce Snowden
Rudy Zupancic
Gay and Lance Milne
Shawn Hinchey
Maureen Day
Sonya Pratt
John Heeringa
Denise and John Gerrits
Stuart Lamb
Shelley Hamilton
C. Morrison
Tom and Jean Daize
Jim Deatcher
Julie Andrews
Dennis Trudel
Wanda Pye Beauparlant
Mr. and Mrs. Michael Mowbray
Deborah and Henry Peeters
Jack and Barb Montague
Anne and Peter Garret
Richard Kerr
Brenda Mills
Mary Burke
Brett Smith
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Attachment 2
To Report PSD-041-14
CONDITIONS OF DRAFT APPROVAL
FILE NO.: 18T-89012
DATE: JUNE 16, 2014
PART 1 - PLAN IDENTIFICATION
1.1 The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-89012 prepared by D.G Biddle and Associates Limited identified as
project number 89036, dated June 12th, 2013, dated (the "draft plan") and as red-lined
revised which illustrates 24 lots for single detached dwellings, a park block, road
widening and reserves.
The redline revisions are:
1. A 3.0 metre road widening across the frontage of Lot 16 on Regional Road 3
PART 2 - GENERAL
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and conditions
of the Municipality's standard subdivision agreement respecting the provision and
installation of roads, services, drainage, other local services and all internal and external
works and services related to this plan of subdivision. A copy of the Municipality's standard
subdivision agreement can be found at http://clarington.net/documents/planning/subdivision-
agreement-feb2014.0f .
2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction
of the Municipality and the Regional Municipality of Durham (the "Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Architectural Control
2.4 (1) The Owner shall be 100% responsible for the cost for the "Control Architect" to
review and approve all proposed models and building permits, to the satisfaction of
the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan until the
exterior architectural design of each building has been approved by the Director of
Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan until the exterior architectural design of
each building and the location of the building on the lot has been approved by the
Director of Planning Services.
Page 12
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by the
Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in the
sales office which shows the Land Use Plan as approved by the Director of
Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/notices prior to
any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill on remove
fill from, or alter the grade of any portion of the lands within the draft plan. The Owner
shall be required to obtain a permit from the Municipality under Site Alteration By-law
2008-114, as amended, for any such work. If any portion of the lands are within an area
regulated by a conservation authority, the Owner shall obtain a permit from the
conservation authority in addition to obtaining approval from the Director of Engineering
Services regarding the intended haulage routes, the time and duration of the site
alternation work and security relating to mud clean up, dust control and road damage.
After registration of a subdivision agreement, the provisions of the Municipality's
standard subdivision agreement shall apply to any proposed site alteration on the lands
covered by the subdivision agreement.
PART 3 - FINAL PLAN REQUIRMENTS
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
(a) Street "A"
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of
encumbrances and restrictions)the following lands and easements:
(a) Road Widenings
• A 3.0 metre road widening across the entire frontage of Old Scugog Road
shown as Block 26 on the draft plan.
(b) Reserves
• A 0.3 metre reserve shown as Block 27 on the draft plan.
(c) Parkland Dedication
• Block 25 as shown on the draft plan.
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3.3 The Owner shall transfer to the Region (for nominal consideration free and clear of
encumbrances and restrictions) the following lands and easements:
(a) Widening
• a 3.0 metre road widening across the frontage of Lot 16 on Regional
Road 3 to accommodate a 1.5 metre sidewalk
(b) Sight Triangle
• Two 7 metre X 9 metre sight triangles at the intersection of Regional
Road 3 and Street "A"
(c) Reserves
• A 0.3 metre reserve as shown as Blocks 28 and 29 adjacent to Regional
Road 3.
PART 4 — PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/
FINAL PLAN REGISTRATION
4.1 The Owner shall submit the following plans and reports or revisions thereof:
Photometric Analysis
(1) The Owner shall submit a streetlight layout and photometric analysis of the internal
road and its intersections with Old Scugog Road and Regional Road 3. The
analysis must meet the standards of the Illuminating Engineers Society (IES)
Manual RP-8, and will be subject to the approval of the Director of Engineering
Services.
Environmental Sustainability Plan
(2) The Owner shall submit Environmental Sustainability Plan to the satisfaction of the
Director of Planning Services. Such plan shall identify the measures that the
Owner will undertake to conserve energy and water in excess of the standards of
the Ontario Building Code, reduce waste, increase recycling of construction
materials and utilize non-toxic, environmentally sustainable materials and finishes.
Soils Management Plan
(3) Prior to final registration, the Owner shall provide a Soils Management Plan for
review and approval by the Director of Engineering Services. Such plan shall
provide information respecting any proposed import or export of fill to or from any
portion of the Lands, intended haulage routes, the time and duration of any
proposed haulage, the source of any soil to be imported, quality assurance
measures for any fill to be imported, and any proposed stockpiling on the Lands.
The Owner shall comply with all aspects of the approved Soils Management Plan.
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The Director may require the Owner to provide security relating to mud clean up,
dust control and road damage.
Noise Report
(4) The Owner shall submit to the Municipality and the Region of Durham, for review
and approval, a noise report prepared by an acoustic engineer based on projected
volumes provided by the Durham Region Planning and Economic Development
Department and recommending noise attenuation measures for the draft plan in
accordance with the Ministry of Environment Guidelines. The Owner shall agree in
the Municipality of Clarington Subdivision Agreement to implement .the
recommended noise control measures. The agreement shall contain a full and
complete reference to the noise report (Le author, title, date and any
revisions/addenda thereto) and shall include any required warning clauses
identified in the acoustic report. The Owner shall provide the Region with a copy of
the agreement containing such provisions prior to the final approval of the plan.
PART 5 - SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION
AGREEMENT
Phasing
5.1 The Owner agrees that the draft plan shall be development in one phase.
Parkland
5.2 The Owner shall convey Block 25 to the Municipality for park or other public recreational
purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c. P.13.
5.3 (1) In this section, "Park Plan" means a plan prepared by a qualified landscape
architect showing;
(a) all proposed park features including walkways, playgrounds, sports fields and
seating areas; and
(b) the proposed grading and stormwater drainage system to demonstrate that
the proposed park size, configuration and topography will allow for -the
construction of park facilities.
(2) An Authorization to Commence shall not be issued for any Works until the Owner
has submitted and the Director of Engineering Services has approved a Park Plan.
(3) The Owner shall construct, and ensure the Engineering Drawings incorporate, the
final grades for the park including 200mm minimum topsoil and seeding, fencing,
and provision of a 100 mm diameter electrical conduit (with pull wire) from.the
nearest hydro transformer to the park frontage. The conduit must be capped at the
park property line.
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(4) For purposes of the Subdivision Agreement, all works under this section are
considered a separate Works Component with a minimum maintenance period of 2
years.
5.4 Noise Attenuation
(1) The Owner shall agree in the Municipality's Subdivision Agreement to implement
the noise attenuation measures as recommended in the approved Noise Report
(2) The Owner shall not make an application for a building permit for any building on
the Lands until an acoustic engineer has certified that the plans for the building are
in accordance with the Noise Report.
5.5 Sidewalk
The Owner will be responsible for 100% of the cost of sidewalk from "Street A" to the
existing sidewalk on the north side of Regional Road 3.
5.6 Environmental Protected Area
The Owner agrees that, upon to the registration of the draft plan, the lands identified as
"Environmental Area" which are outside the limits of the final plan shall meld with the title
of the adjoining lands to the east identified as 010-150-12800. In addition, the Owner
shall enter into a Conservation Agreement pursuant to Section 3 of the Conservation
Land Act to ensure the long term protection of the features identified in a report
"Hydrogeological & Site Servicing Study Draft Plan of Subdivision Hamlet of Enniskillen"
prepared by Oakridge Environmental Ltd. November 2005.These lands shall be placed
in an environmental protective zone in the Municipality's zoning by-law.
5.7 Monitoring Program
The Owner shall retain a qualified person to prepare a monitoring program which
identifies any effects of this development on adjacent wells and groundwater conditions.
The monitoring program shall collect data based on pre during and post construction
water levels and water quality. The monitoring program shall be to the satisfaction of the
Municipality of Clarington and the Region of Durham.
PART 6-AGENCY CONDITIONS
6.1 Region of Durham
(1) The Owner shall satisfy all requirements, financial and otherwise, of the Region of
Durham, This shall include, among other matters, the execution of a Subdivision
Agreement between the Owner and the Region concerning the provision and
installation of private sewage disposal systems, drilled wells roads and other
Regional Services.
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(2) The Subdivision Agreement between the Owner and the Region shall contain,
among other matters, the following provision:
a) The Owner agrees, at their own costs, to make arrangements to obtain all
required approvals and to have constructed in accordance with the Ontario
Building Code and the Ministry of Environment, complete in every detail,'the
following private services:
i) sewage systems; and
ii) drilled wells.
(3) The Subdivision Agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to adhere to the site servicing plan as submitted by
Oakridge Environmental Limited project 04-804, dated April 2012, titled
"Revised Site Servicing Plan" in support of Plan of Subdivision 18T- 89012.
b) The Owner acknowledges that the on-site test wells tap the Intermediate
Overburden Aquifer. The available data indicates that this aquifer is the
preferred aquifer for the development and is currently utilized by the majority
of the neighbouring properties for domestic water use. However, the data also
indicates that a deeper overburden aquifer also exists below the intermediate
aquifer. In the unlikely event that future wells cannot utilize the preferred
aquifer, the deeper aquifer can be utilized.
c) The Owner agrees to properly abandon TW-1 in accordance with Ontario
Relation 903 (as amended).
d) The Owner agrees to register on title the need for water treatment to address
for elevated levels of hardness and iron. If a water softening system is to be
utilized to reduce hardness, a separate tap (which by-passes the softener)
must be installed to supply un-softened drinking water.
e) The Owner agrees that for all proposed lots, each new well shall be tested by
a qualified person (P. Geo. Or P. Eng.) who will certify in writing to the
Municipality of Clarington, with a copy. to the Region of Durham Health
Department, that the well has sufficient yield to adequately supply the daily
domestic water demand requirements of the proposed residence.
f) A building permit shall be not issued for a lot until the Qualified Person's
Certification report is received and accepted by the Municipality of Clarington
with a copy to the Region of Durham. The certification report shall provide
confirmation of the availability of sufficient water quantity and quality to meet
domestic needs, recommendation regarding water treatment needs and any
other pertinent information.
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The well "certification" and report should include (but not be limited to) the
following:
i) Periodic observation of the well construction to ensure that each new well
is constructed in accordance with the pertinent regulation;
ii) The results of a short pumping test (i.e minimum of 2 hours) to determine
the well response characteristics and to verify that the well can meet the
minimum demand requirements followed by recovery;
iii) The results of laboratory analysis of a water sample collected prior to the
end of the test, accompanied by an opinion as to compliance with the
Ontario Drinking Water Quality Standards; and
iv) Recommendations regarding the need (if any) for water treatment and/or
supplementary water storage.
g) The feasibility of open loop heat pump use at this site has not been assessed
and is not recommended. Any such heat pump installation shall only be
considered if a hydrogeologist has determined that such systems can be
utilized without compromising groundwater availability and quality. Closed
loop systems may be useful at this site, however any such determination
must be made on a lot-by-lot basis by a Qualified Person.
h) The Owner agrees to retain a qualified designer or professional engineer to
design the private sewage systems. The qualified designer or professional
engineer shall complete and provide the design of individual private sewage
systems (including prime and reserve areas) for each lot to the Region of
Durham Health Department for approval in accordance with the Ontario
Building Code.
i) The Owner agrees that the qualified designer or professional engineer shall
conduct on-site soil tests on the primary sewage system area to determine its
permeability and elevation of the high water table. The qualified designer or
professional engineer shall provide soil analysis describing grain size, soil
classification, coefficient or permeability estimated percolation time (in
min/cm) to the Region of Durham Health Department.
j) The Owner agrees that the qualified designer or professional engineer must
site supervise all stages of construction of the private sewage system and
upon completion, provide in writing a letter to the Region of Durham Health
Department stating that the sewage system was installed as per design and
the Ontario Building Code.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction or final registration of the plan, the
Owner shall submit to and obtain approval from the Municipality of Clarington, and
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the Central Lake Ontario Conservation Authority for reports describing the
following:
a) the intended means of conveying stormwater flow from the site, including use
of stormwater techniques which are appropriate and in accordance with the
provincial guidelines. Specific measures for the drainage feature through Lots
5 through 8 which captures external flows must be addressed.
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body Is a
result of on-site or other related works, to comply with the Federal Fisheries
Act; and
d) The intended means of incorporating lot level controls to enhance infiltration
and ensure there is no net loss of recharge, no lowering of the water table or
reduction to groundwater discharge quantity and quality to the receiving
watercourse as per Section 7.5 Impact Mitigation of the Hydrogeological &
Site Servicing Study for the Draft Plan of Subdivision Hamlet of Enniskillen,
dated November 2005.
(2) The Owner agrees to carry out the requirements and recommendations of the
Hyrdogeological & Site Servicing Study for the Draft Plan of Subdivision Hamlet of
Enniskillen, dated November 2005 as well as associated updates and addendums.
(3) The Owner shall install non-gated fencing along the eastern rear lot boundaries of
Lots 5 to 1.5 inclusive.
(4) The Owner shall submit to and obtain approval from CLOCA and Municipality of
Clarington for a Landscape Plan for the buffer area of the watercourse.
(5) The Owner shall implement the Landscape Plan for the buffer area prior to final
approval of the subdivision.
(6) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees owing as per the approved Authority Fee Schedule.
(7) The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 6.2 (1) to (6)
the above noted conditions.
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b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period in manner satisfactory to CLOCA.
c) The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to the commencement of grading or initiation of any on-site
works.
6.3 School Board
(1) The Owner shall install along all residential lot lines that are common with the
existing Enniskillen Public School site a 1.8 metre high galvanized chain link fence
that is situated 50 mm within the school block site. The fence is to be installed by
the Owner at the time of base works, as defined in the subdivision agreement, on
the abutting residential lots having the common lot line with Enniskillen Public
School
(2) The Owner shall install along all the park block lot line that is common with the
existing Enniskillen Public School site a 1.2 metre high galvanized chain link fence
that is to be situated 50 mm within the school block site. The fence is to be
installed by the Owner on the common lot line with Enniskillen Public School. It
shall be installed immediately following the placement of topsoil and seeding of the
park block in accordance with Section 5.2 (3) of these Conditions of Draft Approval.
The 1.2 metre high fence shall have a 1.2 m wide pedestrian opening located mid-
block along the common lot line of the park block and the Enniskillen Public School
yard to the satisfaction of the Kawartha Pine Ridge District School Board and the
Municipality of Clarington.
(3) The subdivision agreement between the Municipality of Clarington and Owner shall
contain a clause advising all potential purchasers that the 1.8 metre high
galvanized chain link fence is located on School Board property and shall not be
altered in any way without the written consent of the Trustees of the Board of the
Kawartha Pine Ridge District School Board.
(4) The Owner shall submit for the Board's approval and to the Board's satisfaction
prior to the final plan approval for registration a proposed servicing/grading plan
and details of a stormwater management study that shows temporary
erosion/sedimentation control feature locations and details until Block 25 (park)
and proposed Lots 18 to 22 (inclusive) and Lots 24 have been sodded.
(5) The Owner shall submit for the Board's approval and to the Board's satisfaction
prior to final plan approval for registration a plan showing proposed fencing
locations and details.
(6) The Owner will be responsible to construct a sidewalk from the intersection of
"Street A" and Old Scugog Road to the north side of the northernmost Enniskillen
Public School driveway, all situated on the Old Scugog Road allowance.
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6.4 Utilities
(1) The Owner shall co-ordinate the preparation of an overall utility distribution plan
that allows for the safe installation of all utilities including the separation between
utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is not
possible, easements will be provided at no cost to the utility provider. Proposed
easements are not permitted on lands owned by the Municipality unless it can be
demonstrated that there is no other alternative. Such easements must not impede
the long term use of the lands and will be at the discretion of the Director of
Engineering Services.
(3) The Owner shall cause all utilities, including, hydro, telephone, and cable television
within the streets of this development to be installed underground for both primary
and secondary services.
PART 7 — STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 59(4) of the Development Charges Act, 1997, S.O. 1997, c.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the
Municipality's standard subdivision agreement in Agreements of Purchase and Sale for
all Lots or Blocks.
7.3 The Owner shall include notice in the Agreements of Purchase and Sale, all sales and
warnings as recommended in the Noise Report yet to be submitted.
7.4 The Owner shall include the following notices and warning clauses in Agreements of
Purchase and Sale for the Lots or Blocks to which they apply:
School Board
The Owner shall include the following warning clause in agreements of purchase and sale for
all lots:
Purchasers and tenants are notified of the location of a school on adjacent
lands and such school activity may give rise to noise and traffic.
Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and sale for Lot
24:
Chain Link Fencing— Chain link fencing is a required feature between this lot
and the adjacent park. This fencing must be located on the public portion of
the abutting land and will be maintained by the Municipality after the developer
has been released from any further responsibility for the fence.
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The Owner shall include the following notice in the agreements of purchase and sale for Lots
19, 20, 21, 22, and Lot 24:
Purchasers and tenants are notified that the 1.8 metre high galvanized chain link
fence is located on School Board property and shall not be altered in any way without
the written consent of the Trustees of the Board of the Kawartha Pine Ridge District
School Board.
The Owner shall include the following notice in the agreements of purchase and sale for Lots
5 to 15:
Chain link fencing is a required feature between this lot and the land owner of the
adjacent open space. No gates are permitted in the fence. The maintenance of this
privacy fencing is the shared responsibility of the abutting property owners after the
developer has been released from any further responsibility for the fence.
Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and sale for
all lots:
Farm Operations—There are existing farming operations nearby and that such
farming activities may give rise to noise, odours, truck traffic and outdoor
lighting resulting from normal farming practices which may occasionally
interfere with some activities of the occupants.
Nearby Park
The Owner shall include the following warning clause in agreements of purchase and sale for
all lots:
Park - The adjacent Block 25 is designated for parkland uses including
community events and recreation facilities which, when developed, may
contain active lighted facilities for night-time services.
Sump Pump and Backflow Valve
The Owner shall include the following warning clause in agreements of purchase and sale for
on all lots
Sump Pump and Backflow Valve — The dwelling on this lot will contain a
sump pump and back flow valve that discharges onto the ground of the lot.
Revising, modifying or failing to maintain these facilities will increase the risk of
flooding of the basement.
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Open Ditching
The Owner shall include the following notice in the agreements of purchase and sale
for all lots:
The Municipality will be including warning clauses in the subdivision agreement which
are to be included in all purchase and sale agreements with respect to ditches. The
clauses will ensure that the purchaser is aware of the rural road design and that the
maintenance of the ditches beyond the municipality standard maintenance routine will
be the responsibility of the homeowner.
PART 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning
Services shall be advised in writing by,
(a) the Region how Conditions 2.2, 3.3, 4.1, 6.1 have been satisfied;
(b) Central Lake Ontario Conservation, how Conditions 6.2 have been satisfied; and
(c) Kawartha Pine Ridge District School Board, how Conditions 6.3 have been
satisfied.
PART 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
9.3 If final approval is not given to this plan within five (5) years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall be
closed. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of
the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal subdivision
agreement, a copy of the agreement should be sent to the agency in order to facilitate
their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623,
Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
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(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, ON
K9J 6X5 (705) 742-9773.