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HomeMy WebLinkAboutPSD-041-14 Addendum unfinished Business #1 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 claftwIn Report Planning Services Meeting: Council Date: September 15, 2014 Resolution: -` ��lLA By-law: Addendum Report PSD-041-14 File: 18T- 89012 to Report: Subject: Application for draft plan of subdivision to permit the development of 24 single detached dwellings and a park Applicant: Steven and Karen Carruthers Recommendations: It is respectfully recommended to Council the following: a) That Addendum to Report PSD-041-14 and Report PSD-041-14 be received; b) 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; c) 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 d) That all interested parties listed in Report PSD-041-14 and any delegations be advised of Council's decision. tik 4 Submitted by: Reviewed by: D Crome, MCIP, RPP Franklin Wu, Direc r of Planning Services Chief Administrative Officer Municipality oif Clarington 112TMM I At the Juiy 7, 2.014 Council Meeting, Council referred Staff Report PSD-041-14 to the September 15th, 2014 Council meeting and requested staff to meet with area residents to diSCUSS concerns regarding a 24 lot residential Draft Plan of Subdivision in Enniskillen. A meeting with the residents was held on September 3, 201�4 and was attended by 38 area residents,, the applicant, consultants and Staff. The three main concerns were: impacts to existing wells, the park, traffic and pedestrian safety. The information provided and the dialogue with area residents helped to address their concerns. Staff are recommending the recommendations of Report PSD-041-14 now be approved. At the General Purpose and Administration Meeting of June 2,3, 2014, Committee approved the recommendations contained in Report PSD-041-14, for a proposed pian of subdivision consistilng of 24 residential lots and a park i,n Enniskillen. At the Council meeting of July 7 th, 2014 Council referred PSD-041-14 to the September 15th Council meet�i'ng and directed staff to hold another meeting with area resid�ents, 2. On September 3, 2014, a second Public Information Centre was held in the Enniskillen United Church. Thirty eight area residents attended. The meeting was also attended by Glenn Genge of DG Biddle and Associates, agent for the applicants; Steve Carruthers, the applicant; Brian King, Senior Environmental Geologist from ORE Oakridge Environmental Ltd.; the Manager of Development Engineering and Traffic and the Parks Manager from the Engineering Services Department as well as the Manager of Development Review and the Principal Planner from the Planning Services Department,. 3. There were three main issues that were discussed. They are: impact on existing wells as a result of the proposed new development; the park; and traffic and pedestrian safety. 4. At the meeting, residents also raised a number of other questions which were addressed by staff. 5. The purpose of this report is to provide Council with the highlights of each topic and the 1 ensuing dil! acussion with the area residents. Impact on existing well as a result 6. Mr. Brian King of ORE provided a general overview of hydrogeology before providing details of the hydrogeological and environmental conditions of the site and the results of L401 110 1111 a a US ILM Roll Ztw the studies. This baseline information was useful in understanding groundwater in the area. 7. Mr. King provided a history of the subdivision. The subdivision originally proposed 43 one acre lots, then it was reduced to 33 then 27. In the late 1980's, when the application was originally submitted, the Ministry of Environment reviewed all hydrogeological studies. In 1995, 1 the responsibility was downloaded to upper tier municipalities. The Region of Durham requires hydrogeological studies to be peer reviewed by an iinidependent consultant. The hydrogeological report was peer reviewed by Jagar Hims, now Genivar. 8. Mr. King provided a summary of the hydrogeological and environmental reports. As part of the study, six test wells were drilled on-site. Eight land owners in the area agreed to have their wells monitored, in addition to the Enniskillen Public School. The wells were monitored before, during and after the puimp testing was conducted. He explained that a plezometer was used to measure fluctuations in the quantity of water in each well. The pump test was conducted in March 2011 using 5 of 6 drilled test wells; 1 well was used for observation. The testing simulated water consumption of 48 homes rather than the 24 proposed. The result yielded just less than 50,000 litres within 24 hours from the 5 wells. 9. Mir., Kiing clarified that the term "well interference" for a hydrogeolilogist means a draw down in a well is observed but does not necessarily mean a negative impact. The "Interference Test Hydrograph", plotted the water levels of each well monitored during the pump test over a 24 hour period. Of the 9 off -site wells monitored, 5 had no draw down; the other 4 had a draw down, but they recovered shortly after the pump test. The draw down was approximately 30 centimetres out of approximately 30 metres of water in the well. 10. Mir. King advised that water quality was also tested and is deemed suitable for domestic use. It was tested in 1989 and again 2011, there was very little change in water quality. 11. Each new well will draw on an aquifer that is approximately 45 metres deep. It is one of the two main aquifers estimated conservatively to have a flow of 135,000 litres per day under Enniskillen. Most homes in Enniskillen draw on the same aquifer. The water in the aquifer is hundreds of years old and has not been impacted by development in the hamlet or seasonal fluctuations of precipitation. When asked if the subdivision could be built without impact, Mr. King replied that there are no guarantees, but based on his extensive review and knowledge, any impact would be insignificant. The peer review consultant agreed with these conclusions. Staff noted that the Conditions of Draft Approval require the developer to prepare a well monitoring program. Monitoring of private wells in the area for both quantity and quality is required prior to, during and post construction. 12. A resident inquired as to the reduction in the number of lots to 24, Mr. King advised that it was not due to water quantity, but the septic system design. Septic systems add nitrates to the soil. Nitrate loads must meet Ministry of Environment Guidelines and as such number of lots as reduced to 24. 13. A resident with a dug wells asked if his well could be impacted. Mr. King advised that it may be impacted at the initial stage of development when the site is graded, but it is likely Municipality of Clarington Addendium to Report PSD-04:1-14 Piage 4 that it would recharge within 24 hours. The monitoring program shouid have provisions for the developer to provide potabie water until the well is recharged. 14. A resident asked what the recourse would be if his well was impacted at some time in the future. Mr King advised firstly, that the probability of any well "going dry" as a result of this development would be very small. However, a complaint can be made to the Ministry of Environment and under the Ontario Water Resources Act an Officer would investigate the complaint and make a determination whether there was an impact or not. The well monitoring would assist with any future well impact determination. This will be discussed in section 31 of this report. 15. Staff from the Planning Services Department provided an overview of the requirements for parks in the Official Plan and the mechanisms under the Planning Act to obtain parkland. By way of history, a park was included in the original 1989 draft plan submission in keeping with the approved Enniskillen Secondary Plan contained in the Town of Newcastle Official Plan. However, through the comprehensive review of the Official Plan, the park was removed from the approved Enniskillen Hamlet Plan, It was determined that a park was not warranted as surrounding hamlets provided sufficient park space. As such, the 1996 Clarinigton Official Plan does not contain a park in the Hamlet of Enniskillen. Nevertheless, the park has remained in the proposed draft plan: through the various submission and is recommended for approval in that location providing the equivalent of a parkette in an urban setting, 16. The Parks Manager presented a concept plan (Attachment 2) showing a mid-sized park adjacent to but not over-lapping the fields associated with Enniskillen Public School. The concept plan included a shade structure, a playground area with swings, slides and climbers, and a large green space that could be used as a junior sized soccer field appropriate for ages up to 12 years of age, or for un-structured play. If approved in a future Capital Budget area residents will be asked for input prior to finalizing the concept plan. 17. If the subdivision is approved, the lands would be dedicated to the Municipality and its development wouild be included in a future capital budget. 18. Generally, the residents were satisfied with the park concept, but expressed a desire to have the park built in a timely manner rather than waiting for all the homes to be built and occupied. Traffic and Pedestrian Safety 19. The Manager of Development Engineering and -rraffic advised that, based on the number of units within the draft plan, a traffic study was not warranted. The majority of the people within the draft plan would use Regional Road 3, which, is an arterial road under the jurisdiction of the Region of Durham and designated to take high volumes of traffic. Old: Scugog Road is a local road, under the municipality's jurisdiction. 011 MI I W NMM 20. A sidewalk will be constructed on Old Scugog Road in front of the park with a connection to the parking lot at Enniskillen Public School. A sidewalk will be constructed from Street 'A' and Regional Road 3 to the existing sidewalk situated about 50 metres from the corner of Regional Road 3 and Old Scugog Road. The area for the sidewalk is very narrow, however it can be accommodated in the road allowance. Sidewalks are not provided in a rural subdivision. The road cross section requires open ditches which leaves no room for a sidewalk. Also, typically there are lower volumes traffic within rural subdivisions. and the driveway is much longer than provincial guidelines for traffic safety. When asked if Street `A" could be changed to a cul-de-sac so that traffic would move South, staff advised that cul-de-sacs are not supported by policy in the Clarington Official Plan, are not the preferred form of development, and do not alllow a safe alternate route in case of an emergency and are difficult and costly to maintain. 22, Spieeding on Old Scugog Road is also a concern. Staff will have radar message boards installed to determine the volume and flow of traffic during a typical week. 23. Another resident requested a three way stop sign at Old Scugog and Street 'A'. Staff stated that an all way stop would not be warranted at this low volume intersection and that its installation would only contribute to driver frustration and poor, driver behaviour. 24. A resident requested a stop sign at Regional Road 3 and Potter's Lane. Although the road is not under the Municipality's jurisdiction, the traffic volumes at that intersection are not warranted, Regional Road 3 !San arterial road which is designed to move large, volumes of traffic continuously. Other Issues 25. A resident asked what the timing was for the development. Staff advised that once draft approval is issued, the applicant will have five years to achieve final approval. Staff explained that there is a considerable amount of work required to fulfil the conditions. The timing of construction is actually up to the developer. Typically, rural subdivisions do take longer to build out, however in recent years rural lots are in higher demand. 26. A resident asked about the style of homes to be built, Staff advised that the subdivision is subject to architectural control, wherein the exterior architectural design of each building and the location of the building on the lots must be approved by a Control Architect, prior to building pert-nit being issued. 27. A resident asked that construction equipment access Regional Road 3. Staff advised that construction routes are determined in consultation with developer and staff in the Engineering Services Department. The subdivision agreement requires all roads to be kept free of mud and dust at all times. This requirement is strictly enforced by staff in the Engineering Services Department. Municipality of Clarington Addendum to Report PSD-041-14 Paae 6 28. In an email received subsequent to the meeting, a resident abutting the proposed subdivision had a number of questions which are noted below followed by staff's response. If the fence dividing the properties is removed and will it be replaced? The fence is a post and wire fence and will likely be removed when the site is graded., The Municipality does not require a new fence to be installed as a replacement. Will fences be allowed in the new subdivision to divide the properties? The Miunicipality does not require fences to be installed. It is up to individual homeowners to install fences. Could a buffer zone with trees be added on the property line, as construction will over many years? I In most instances, buffers are only required where there is a natural heritage feature to be protected. The homeowner may wish to plant vegetation on their property where they feel a natural screen is required for privacy. Water drains from lands north of the homeowner's property. How will the water drain as a result of this development? All lots on the west side of Street `A' drain from back to front (i.e. west to east), then south in the ditch and east in the ditch on Reg. Rd. 3. No runoff from this development will be entering any lands that drain through the homeowner's property. 29. The information provided at the Public Information Centre covered various aspects of the development including what existing residents could expect before, during and after the construction process. Staff are of the opinion, that many residents appeared to be satisfied with the information provided. 30, There was a lengthy presentation on hydrogeology, followed by a discussion on the results of the hydrogeolog:ical reports and peer view. Mr. King was able to provide answers to questions asked by the residents alleviate concerns regarding impact on existing wells. As a Condition of Draft, Approval, the developer is required to prepare a well monitoring program to the satisfaction of the Municipality and the Region of Durham. Well monitoring will be required prior to development proceeding as well as during and after all lots have been developed. 31. As Mr. King indicated, the probability of any well "going dry" as a result, of the development is very small:. However, the Ontario Water Resources Act does provide mechanisms to deal with well impact, If a person believes he or she has been impacted, that person should contact the Ministry of Environment to launch a complaint. An Officer would be sent to investigate, The Officer would determine whether the complaint is either valid or invalid. If it is not clear, the Officer would contact the potentially responsible party and require them to investigate. If they do not comply, the Officer could issue an Order. Municipallity of Claringto n 1123ff Mi The Officer can require the potentially responsible party to provide a temporary water supply while the investigation is conducted. A permanent solution would then be determined, pendingi the outcome of the investigation. If the "offender" does not comply, the matter would be sent to the courts and the courts could impose the penalties in Section 112 of the Act. 1202amosm- 31 These lands are identified in the boundary of the hamlet of Enniskillen and contemplated for development since 1989. The applicant has demonstrated that there will be little or no impact on existing wells. There will be very little increase in traffic as a result, of this development, most traffic will use Regional Road 3, A park will be available for all residents of Enniskillen. The second Public Information Centre provided another opportunity to dialogue with area residents, Based on the information, provided at the Public Information, Centre and the discussion with area residents, Staff recommend that the Report PSD,-041-41 be approved :11111111111111 11!11111 11111 1 11 1 1 Oil 34. Not applicable Staff Contact: Cynthia Strike, 905-623-3379, ext. 2410 or cstrike@c1arbgton, net Attachments: Attachment 1: PSD-041-14 Attachment 2: Enniskillen Park Concept Plan The following is a list of the interested parties to be notified of Council's decision: Tami and Lawrence Robitaille Joe LeBlanc Wally and Velma Griffin Kristen Palumbo Caroline Lemieux Bradley and Sherry Lynn Millson Sarah and Cameron Hartley Heather and Cory Brie se Dave Loughlin Jason and Beth Birney Mark Gerrits Jeff and Kim Metcalfe Darryl Coleman and Laura Maynard Cathy and Ron McAlister Pete Keuning Bruce Snowden Rudy Zupancic. Gay and Lance Milne Shawn Hinchey Marueen Day Gary and Sonya Pratt John Heeringa Denise and John Gerrits Stuart Lamb Municipality of Clarington Addenclum to Report PS,D�-041-14 Page 8 Shelley Hamilton C. Morrison Jim Deatcher Dennis Trudel Mr. and Mrs. Michael Mowbray Deborah and Henry Peeters Glen Genge, D.G. Biddle & Assoc. Jack and Barb Montague Karen Carruthers Anne and Peter Garret Richard Kerr May Buirke Brett Smith Steve Carruthers Jesse and', Jordee Baker Michael Carswell, D.G. Biddle & Assoc, 1547321 Ontario Ltd. Jim and Aggie MacKenzie Chad Osmond and Jean Whitely Glenn Murray Paul Scherbak Khatea Shinwy Holly and Dennis Noakes Sherry Nesbitt Karen Welds Nicole Tanner ciffingwil Attachment 1 to Addendum to Report PSD -041 -14 I IkA 34 PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 23, 2014 Resolution #: By -law #: 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. Submitted by: Da id Crome, MCIP, RPP Director, Planning Services CSfCPIdf 17 June 2014 r J Reviewed by:,"l .� � -• �- Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'IC 3A6 T 905 -623 -3379 REPORT NO.: PSD- 041.14 I . APPLICATION DETAILS 1.1 Owner /Applicant, 1.2 Agent; 1.3 Proposal: 1.4 Area: 1.5 Location: 2. BACKGROUND Steven and Karen Carruthers D.G Biddle and Associates PAGE 2 The proposed Draft Plan of Subdivision includes 24 lots for 24 single detached dwellings and a 0.98 hectare park. 14.92 hectares Northeast quadrant of the Hamlet of Enniskillen, being Part Lot 18, Concession 7, in the former Township of Darlington. 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,: PSI]- 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 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 Property Location Map (Enniskillen) 1 2 3 4 6 0 `o i o w 7 o Park Block 26 J-2423 Su6fe tl 8 site Q O 22 W O Co Enniskillen Elementary School 21 16 2D N EO 11 O 19 12 18 13 18T -89012 17 graft Plan of Suhd €vision 14 ifi 15 REGIONAL ROAD 3 Owner. Steven Carruthers 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 5.1.9 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- 441 -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 lotdrainage 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 (MAO[) 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 Hydrogeolo_qZ and Site Servicin 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 <10mgIL 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 installa #ion 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 HVdrologically 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.: PS©- 041 -14 Figure 2: Plan of Subdivision overlaid on Air Photo PAGE 8 8. PUBLIC SUBMISSIONS 8.1 Statutory Public Meeting The Statutory Public Meeting was held an 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 9.2 Central Lake Ontario Conservation Aufhorify PAGE 10 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 f=eatures. 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 VIZ. 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 10. DEPARTMENTAL COMMENTS 10.1 Emergency and Fire Services PAGE 11 The Emergency and Fire Services Department do not object to the proposed draft plan of subdivision. 10.2 Engineering 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 Parking and Bus Loading_ 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 Scugog 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. Desi n 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 2007071. 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 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 Zupandc 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 Trude[ 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 PAGE 14 1 9z, F'ON ti U -a� G Attachment 1 To Report PSD- 041.14 lit o Yg m I 03 2� �} x &n ( O 4 WAN Ld 00 w aze z 7 5� E CCI Ld its rl 7rdIV 7nXYDV h O h b - z 5� W i7 3A1YG 37P'G,(Y 13t' b b b I AL - ~F Q z 4 "1 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; 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 htt :I tclarin.qton.net/documents/t)lannin_q/subdivision agreement-feb2014.pd . 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. 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 Bylaw 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 0 'Block 25 as shown on the draft plan. Page 13 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. Page 14 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. Paae 15 (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- 950 - 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 6.9 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. Page j6 (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: 1) 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. Paae 17 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 (Le 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. 1) 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 Ciarington, and Paae 18 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 as 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 15 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. Page {9 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 CLOCK c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 lours prior to the commencement of grading or initiation of any on�slte 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. P a -a e 110 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. Paae'l11 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. Page 112 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 - GL EARANCE 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. Page 113 (c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, ON K9J 6X5 (705) 742 -9773, Attachment 2 to .............. I k► i M immw. MI M A. � �r'�'il Ili / / /� %' // � � %Jyi� � � � � � �! r Av mil m di", 0A, 4w 41 IVI 13JILLS A 4-1