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HomeMy WebLinkAboutPSD-033-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 8, 2015 Report Number: PSD-033-15 Resolution Number: File Number: S-C 2012-0003 & ZBA 2012-0019 By-law Number: Report Subject: Application by 1613881 Ontario Limited to develop a 155 l� Residential Plan of Subdivision Recommendations: 1. That Report PSD-033-15 be received; 2. That the application for Draft Plan of Subdivision S-C 2012-0003, submitted by Bousfields Inc. on behalf of 1613881 Ontario Inc. be supported subject to conditions as contained in Attachment 1; 3. That the Zoning By-law Amendment application submitted by Bousfields Inc. on behalf of 1613881 Ontario Inc. be approved as contained in Attachment 2; 4. That once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 033-15 and Council's decision; and 6. That all interested parties listed in Report PSD-033-15 and any delegations be advised of Council's decision Municipality of Clarington Report PSD-033-15 Page 2 Report Overview A 155 unit residential application for proposed Draft Plan of Subdivision in the Brookhill Neighbourhood of Bowmanville is recommended for approval. This greenfield proposal by 1613881 Ontario Limited contains predominantly single detached, semi/link dwellings and five townhouse units. A total of 4.0 hectares of the Brookhill Tributary and valleylands will be dedicated to the Municipality as well as a 1.85 hectare neighbourhood park. An elementary school site is also located within the draft plan. The Plan of Subdivision is consistent with the Brookhill Secondary Plan and the Clarington Official Plan. 1 . Application Details 1.1 Applicant: Robert Cutler, Bousfield Inc. 1.2 Owner: 1613881 Ontario Limited (DG Group, formally Metrus Developments) 1.3 Proposal: Draft Plan of Subdivision: To permit a 155 unit Draft Plan of Subdivision consisting of 114 single detached dwellings, 36 semi/link dwellings, 5 on-street townhouses, a park block, an elementary school block, a stormwater management pond and open space. Zoning By-law Amendment: Rezoning from "Agricultural (A)" and "Environmental Protection (EP)" to an appropriate zone to permit the development. 1.4 Site Area: 21.465 hectares (49.4 acres) 1.5 Location: The lands subject to these applications are located on the east side of Green Road approximately 700 metres north of Durham Highway 2, being Part Lot 16, Concession 2 in the former Township of Darlington (see Figure 1). 1.6 Built Boundary: No Municipality of Clarington Report PSD-033-15 Page 3 Figure 1: Subject Site c 0 } = x 1 o o u w I YC S R!GH?AVLi�J-L�-M } ' T� >SIINCR3FOrRUT.:HNIVF in r 1 Subject Site AJ EY ' i YF C .. �1�1 Lvvenr.1ecr - 7 5 rep✓ -- �scen✓r iBROOK `) gOLi 1 RC p o a i' FLNS UOAD SI LVtu5 H0lu ` r T� 2. Background 2.1 In November 2012, applications for a Draft Plan of Subdivision and rezoning were submitted by 1613881 Ontario Limited to permit 166 residential units. Through various revisions, the number of units has been reduced to 155. 2.2 The draft plan is bounded by Green Road, and the future extensions of Clarington Boulevard and Longworth Avenue. A portion of the applicant's lands extend north of the future extension of Longworth Avenue and are designated "Future Urban Residential" in the Clarington Official Plan. The lands can be developed once the Official Plan Review has been completed and the lands are deemed necessary for residential use and redesignated to "Urban Residential" subject to the policies of the Clarington Official Plan. A smaller portion, 0.47 hectares is located south of Brookhill Boulevard and is the current location of the sales office for Brookfield Homes and Jeffery Homes. The lands are being retained by the applicant for future development. Other portions, such as the small land holdings east of Green Road (a future parkette), the stormwater management pond, outfall channel, and a portion of the Brookhill valleylands were dedicated to the Municipality as part of the approvals for the lands to the west (see Figure 2). Municipality of Clarington Report PSD-033-15 Page 4 The statutory Public Meeting for the subject lands was held January 21, 2013. One individual spoke in support of the application and asked if the timing of construction was contingent on timing of the expansion to the Port Darlington Water Pollution Control Plant. 3. Land Characteristics and Surrounding Uses 3.1 The site is bisected by the Brookhill tributary and valley. The northern portion of the valley is wide and treed along steep banks then gradually flattens out towards the south end of the property. These lands were once tiled drained and cultivated. A new channel was created to direct flows to the Brookhill Tributary below. The stormwater management pond and an outfall channel for the development west of Green Road are situated on the lands south of the proposed Draft Plan. Brookhill Boulevard has been constructed between Green Road and Clarington Boulevard. Figure 2: Proposed Draft Plan of Subdivision I oC W W Subjatt S+re QLn Rosioont�ai r Z < W n F I Future Res,6ewol Q x Scnool cr . V E _ L I Park N C".•5• _ Open Space NHMJ ROSS WRIGHT AVENUE SCHO +x PARK-a i i� 1.675 SCHOOL SWM —I SITE W I a. Ake_- �I a 093 ni ;La+7U9 Own¢!1 By Tna Mui•,..:.ttAu 1 I _,�Othn+lands Uwtxc18 Ate;. ;b _ .;•. ..... U, D DRIVE y s SUMERSFOR m ;•' � =— —r— - time+sr -- -- -- --- - U - t- SUMFRSIIFOUD)k cr ! RVE y - -lrli_ jzE4 414 I a o cR�SCNr — ..L w mdy T�OMf(1f 'I I:� � `� R CR�SC 1 •'- •.•. •. BLOCK ISO - — -- 2 'ANT sWMP f4 - U , -_ BROOKHILL BOULEvARO Municipality of Clarington Report PSD-033-15 Page 5 3.2 Surrounding Uses: North: forested area and vacant agricultural lands South: sales office for Brookfield Homes and Jeffery Homes and Clarington Central Secondary School East: vacant agricultural lands with applications for two proposed Draft Plan of Subdivision West: urban residential 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential; employment; recreation, park and open space; and other uses to meet long term needs. Some relevant polices are: • New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. • New housing is to be directed to locations where infrastructure and public services are or will be available. A full range and mix of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. • Healthy, active communities to be encouraged through the promotion of planning safe streets that meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. A full range of built and natural settings for recreation including parks, open space areas, trails and linkages are to be provided. • Infrastructure and public service facilities shall be utilized in an efficient and cost effective manner that considers impacts from climate change while accommodating projected needs. The proposal is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan provides a framework for accommodating growth in existing built up areas, and within greenfield areas. In particular: • New development in greenfield areas are to be complete communities with access to a mix of jobs, services, housing, schools, recreation and open space that is easily accessed through various modes of transportation. • Each upper-tier municipality will be planned to achieve a minimum density target that is not less than 50 residents and jobs combined per hectare. Municipality of Clarington Report PSD-033-15 Page 6 • Major growth is to be directed to areas serviced by existing or planned municipal infrastructure, such as water and sewer services. Natural heritage features that compliment, link or enhance natural systems shall be identified and protected. The subject Draft Plan of Subdivision is within a greenfield area. The density target of 50 residents and jobs combined per hectare is achieved throughout the Brookhill Neighbourhood. The proposal is consistent with Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development is permitted within the Living Area designation. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Urban Residential' and "Environmental Protection Area". Symbols for Medium Density, Public Elementary School and Neighbourhood Park are also shown. The detailed policies are contained in the Secondary Plan. 5.3 Brookhill Secondary Plan Community Structure The Draft Plan of Subdivision is consistent with the principles and community structure contained in the Secondary Plan. The community structure requires each neighbourhood to be self-contained with a mix of housing types and activities. Neighbourhoods must be cohesive and comprehensible to their residents. A neighbourhood should be edged by natural features or a primary road network. Public open spaces shall define the character and structure of each neighbourhood. Low density housing shall be adjacent to an identified natural feature and towards the edges of a neighbourhood. Land Use Policies Within the Secondary Plan the subject lands are designated for the following uses; Low Density Residential, Medium Density Residential, Environmental Protection Area, Public Elementary School, Parks and Open Space. The predominant form of housing within the Low Density designation shall be for single detached and semi-detached units. Medium Density designation is identified in the south east of Longworth Avenue and Green Road. Municipality of Clarington Report PSD-033-15 Page 7 The Brookhill Creek tributary is designated as Environmental Protection Area. No development shall be permitted in the Environmental Protection Area, except for passive recreation, environmental restoration and uses related to erosion control and stormwater management. An Environmental Impact Study is required and has been completed in accordance with the Official Plan. An elementary school site shall be located adjacent and connected to the open space system and planned neighbourhood park sites. Neighbourhood Parks shall form the central focus of the overall community and perform an array of functions within the community, including active sports fields, shall abut the open space system and planned school site. Stormwater management facilities are treated as public assets. The ponds will be designed and planted with native upland, flood tolerant shoreline and aquatic species to provide enhanced wildlife habitat. Ponds and the overall drainage systems are incorporated into the Greenland system. 6. Zoning By-law Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Agricultural (A) Zone" and "Environmental Protection (EP) Zone". An application to amend the Zoning By-law has been submitted. 7. Summary of Background Studies A number of studies were submitted in support of the proposed the applications, The conclusions of the reports are summarized below. 7.1 Environmental Impact Study An Environmental Impact Study (EIS) was completed in 2009 to determine the development limits adjacent to the Brookhill valleylands, including the location of the stormwater management pond and outfall channel required to facilitate the development on the west side of Green Road. A second phase of the EIS has been finalized which set the location for the future extension of Longworth Avenue and its crossing over the Brookhill tributary. 7.2 Phase I Environmental Site Assessment The site has a low level of concern from an environmental perspective and is suitable for residential lot development based on the screening assessment. Municipality of Clarington Report PSD-033-15 Page 8 7.3 Environmental Noise Assessment Noise attenuation fencing is required on those units flanking Green Road and Longworth Avenue. Central air conditioning units are to be installed in each unit so that windows may remain closed. All exterior walls require brick construction to maintain indoor noise levels. Certain windows may require additional glazing which will be determined when detailed floor plans and elevations are available for the various units. 7.4 Functional Servicing Report The sanitary sewer system and the water supply system can accommodate the proposed development. 7.5 Archaeological Site Assessment An Archaeological Site Assessment was prepared by This Land Archaeology Inc. in 2006 and updated in 2008. The Ministry of Tourism, Culture and Sport has issued a clearance letter for the site. 7.6 Tree Preservation Report Trees will be preserved within the Brookhill Tributary and lands identified as Environmental Protection and the adjacent buffer. The vegetation on the west boundary of the site has species commonly found along roadside edges such as white cedar and dogwood and therefore not recommended for preservation. 8. Public Submissions A letter of objection was received from the owners who reside at 2404 Regional Road 57. They objected to the alignment of Longworth Avenue through the subject draft plan as it would set the alignment of Longworth Avenue east of Clarington Boulevard such that the north half of the alignment would be on their lands. This will be discussed further in Section 11.3 of this report. A landowner north of the subject site inquired about the timing of the development. 9. Agency Comments 9.1 Region of Durham Region of Durham Planning and Economic Development Department advises that the draft plan has been reviewed and provided comments regarding Provincial Plan Polices, Regional Plan Policies, municipal services and transportation. The lands are designated as Living Area and shall be used predominantly for housing purposes with the widest variety of housing types, sizes and tenure. The site is within a greenfield area and must meet the Region's density target of 50 residents and jobs combined per hectare. The subdivision development will contribute to meeting the density Municipality of Clarington Report PSD-033-15 Page 9 target as measured across the entire Brookhill Plan which conforms to the Region's Official Plan. The Phase One Environmental Site Assessment (ESA), prepared by exp. Services Inc. reported that no further site investigation is required. However, exp. Services Inc. indicated that in the development of the site, limited chemical testing may be required to determine disposal options for excess soils generated from the site. As such, the Region will require exp. Services Inc. to complete the Reliance Letter and Certificate of Insurance thereby enabling the Region to rely on the Phase 1 ESA. The Ministry of Tourism, Culture and Sport has issued a clearance letter for the Archeological Site Assessment, as such no further work is required. An Environmental Impact Study was completed and demonstrated that there will be no negative impact on the natural features as a result of the development. Municipal water supply and municipal sanitary sewers are available to the proposed development. The Port Darlington Water Pollution Control Plant will be operational in the fall 2015. The Region has no objection to the approval of the proposed Draft Plan of Subdivision and provided conditions to be fulfilled prior to clearance by the Region for the registration of the plan. 9.2 School Boards Kawartha Pine Ridge District School Board advises that these applications would generate approximately 54 elementary students to Hampton Junior Public School/M.J. Hobbs Senior Public School. The proposed school site in the Draft Plan of Subdivision is an acceptable location and size. Board staff requests the Municipality ensure that public sidewalks form part of all proposed road allowances shown on the draft plan (excluding private lanes). The Peterborough Victoria Northumberland and Clarington Catholic School Board offered no objection to the draft plan. 9.3 Conservation Authority The Central Lake Ontario Conservation does not have any objection to the approval of the Draft Plan of Subdivision. Central Lake Ontario Conservation supported the recommendations of the Environmental Impact Study and is satisfied with the Functional Servicing Report. As conditions of draft plan approval, the authority recommends the open space block and associated buffers be dedicated to the Municipality and that non- gated fencing be installed on those lots backing onto the open space and associated buffer. Municipality of Clarington Report PSD-033-15 Page 10 9.4 Utilities The applications for Draft Plan of Subdivision and rezoning were circulated to various agencies for comment. Bell, Rogers Communications and Enbridge Gas do not object to the proposal and have provided Conditions of Draft Approval. 10. Departmental Comments 10.1 The Clarington Emergency & Fire Services Department advises that no fire safety concerns were found. 10.2 The Clarington Engineering Services Department has reviewed the revised draft plan and is satisfied. The Brookhill East Functional Servicing Report has been submitted in support of this application. The report addresses, among other things, grading, drainage and stormwater management which the department finds satisfactory. A Traffic Impact Study was submitted in 2009 for the entire Brookhill Neighbourhood and deemed satisfactory for the development. As a condition of Draft Approval the applicant will be required to submit a separate analysis on the Green Road/ Stevens Road intersection, to determine the need and/or timing for intersection improvements. The responsibilities for the construction and costs for Longworth Avenue and Clarington Boulevard were largely agreed to in the Memorandum of Understanding (MOU). The applicant will be responsible for the construction of Longworth Avenue save and except the structure and road crossing over the Brookhill Tributary which will be funded out of the Municipality's development changes. Development on the east side of the tributary cannot proceed until Clarington Boulevard has been constructed from its current north terminus to future Longworth Avenue to a full urban standard and until Longworth Avenue has been constructed from Clarington Boulevard to Green Road to a full urban standard including the tributary crossing structure. The Neighbourhood Park is in an appropriate location and size, consistent with the Secondary Plan. 11 . Discussion 11.1 The proposed draft plan is consistent with the community structure in the Brookhill Secondary Plan. The draft plan is edged by two arterial roads, Green Road and the future extension of Longworth Avenue, and collector roads, Brookhill Boulevard and future Clarington Boulevard. The Brookhill Tributary valleylands forms the "spine" of the Brookhill Secondary Plan Area, making connections south into the Bowmanville Creek valley system. The elementary school site and park form the central focus of the entire Brookhill neighbourhood. Municipality of Clarington Report PSD-033-15 Page 11 11.2 Parks and Open Space The Environmental Impact Study established the limits of development and recommended a five metre buffer from the valleylands. A small parkette on the east side of Green Road was dedicated to the municipality as part of the registration of the second phase of development for the lands to the west. The valleylands and the five metre buffer will be dedicated to the Municipality upon registration of the first phase. The parks, valleylands and stormwater management ponds will provide opportunities for pedestrian and cycling connections into and across the valley system connecting the parks and school to destinations to the south. Streets 'A' and 'C' are window streets on each side of the valley and provide for visual access into the Brookhill valleylands. An open space block is provided at the southeast corner of Longworth Avenue and Green Road. This block will provide an amenity area for cyclist and pedestrians and provide connection to a future trail along the creek. 11.3 Roads Cul-de-sacs The Official Plan states that cul-de-sacs are generally not an acceptable form of design, and Council passed a similar resolution. In this instance, the developable lands on the west side of the Brookhill Creek tributary are constrained in depth and isolated by the creek from other lands to the east. Green Road is a Type 'B' arterial road with restrictions on intersection spacing of local roads due to transportation planning requirements. While these streets could become crescents with access to Green Road, cul-de-sacs provide the limited access required. The only other way to eliminate the cul-de-sacs is to use these lands for medium density residential uses, which the applicant is not proposing. Consequently, the proposed cul- de-sacs are the only solution. Alignment of Longworth Avenue The original alignment of Longworth Avenue was shifted slightly to the north such that it straddled the property boundary between the landowners located at 2404 Regional Road 57, and the draft plan to the south owned by Dunbury Meadows. The Owners objected to any portion of the alignment on their property. As such, the alignment was shifted completely on the draft plan lands to the south, which slightly reduces the size of the school and park blocks, but both remain a satisfactory size. The Environmental Assessment confirmed the location of the alignment of Longworth Avenue from the urban area boundary in the west to Regional Road 57 in the east. It also determined the location of the crossing of the Brookhill Tributary. Municipality of Clarington Report PSD-033-15 Page 12 Clarington Boulevard The draft plan provides for the majority of the east portion of Clarington Blvd. The applicant will be required to seek the co-operation of the two landowners to east (Dunbury Meadows and Tonno) for the construction of the road in order to develop the lands on the east of tributary. 11.4 Phasing The applicant will develop the draft plan is two phases. Phase 1 includes all lands between Green Road and the tributary from the existing stormwater management pond in the south to the future extension of Longworth Avenue to the north. Phase 2 will include lands on the east side the tributary from the proposed stormwater management pond to Longworth Avenue. The phasing of infrastructure works for these lands (and the lands west of Green Road) were negotiated through Memorandum of Understanding with the Owner of these lands. The applicant will be responsible for a portion of the cost of the construction of Longworth Avenue, however the crossing of the Brookhill Tributary and oversizing of the road will be the municipality's financial responsibility. 11.5 School & Park Blocks The Kawartha Pine Ridge District School Board has expressed an interest in acquiring the school site and has started preliminary discussions with the applicant. The school site will be provided at the time of the registration of Phase 2 of this development however, should the Board require the site prior to the registration of Phase 2, the applicant will be required to provide the school block and access to it, which is consistent with the Memorandum of Understanding. The park block will be dedicated in Phase 1, however, park development will be subject to capital budget considerations. Access to the school block will be off of Clarington Boulevard. Should the park proceed before the school, the applicant will be required to provide a temporary parking lot on the school site. 11.6 Mix of Housing Forms The draft plan provides for a mix of low density housing forms. A variety of lot sizes for single detached units are inter-dispersed with semi/link units. One block with five townhouse units is proposed at the corner of Green Road and Longworth Avenue. Access to these lands is problematic due to its proximity to the intersection of Green Road and the future extension of Longworth Avenue. A street townhouse block has rear yards onto an open space area Block that will also serve as an amenity area for cyclist and pedestrians, eliminating the need for extensive rear yard fencing at the corner of Green Road and Longworth Avenue. Another townhouse block is located in the very southeast corner of the draft plan. This block cannot develop until the lands in the adjacent plan are acquired. It will be developed with a private internal road access. 12. Concurrence Not applicable. Municipality of Clarington Report PSD-033-15 Page 13 13. Conclusion In consideration of the findings of all supporting studies, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the Conditions of Draft Approval (Attachment 2) be supported and that the Zoning By-law (Attachment 3) be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. G Submitted by: Reviewed by. David VCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379, extension 2410 or cstrike(D_clarington.net Attachments: Attachment 1: Proposed Draft Plan of Subdivision Attachment 2: Conditions of Draft Approval Attachment 3: Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department, Bob Cutler, Bousfields Inc. Thomas Albani, DG Group Cora Tonno Wayne and Catherine Bolahood Dunbury Development Mr. J. MacDonald Mr. Bouma Greg Milosh CP/CS/df Attachment 1 to Municipality of Clarington Report PSD-033-15 Proposed Draft Plan of Subdivision awy PL" MIRE] 4.4) ILTik L BLO&10 04 a ----------------------nlr TOTAL 313!a I.— TOTAL ERR ilRi TOTAL scant UMEND NM ADWOMPLIMORMION m mp--- L GwbmmLb' fa Imb kMb 4WAftMd am w W A AEDMIDNAL CN�AWHORM%WN 161301 ONVAONC. 0114.0 1 1,q Y, h"ft—W=== HUY MOM I r1 1910WAN OF GUWAM;= ®vrl�woven GFDWKW BOUSFELM w- pm� Ll,. r— As w I WI I I—W—ft Attachment 2 to Municipality of Clarington Report PSD-033-15 Conditions of Draft Approval File Number: S-C-2012-0003 Date: May 22, 2015 PART 1 - PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved Draft Plan of Subdivision S-C-2012-0003 prepared by Bousfields Inc. identified as job number 0147-3-3105dp, dated November 24, 2014, as further revised in red, which illustrates 114 single detached dwellings, 36 semi/link dwellings, 5 on- street townhouses, a public elementary school block, a park, open space and associated setbacks, stormwater management pond. The redline revisions are: 1. Identify 0.3 metre reserves on all flankage lots and blocks on Green Road and Clarington Boulevard by Block number. 2. Block 152 and Block 153 are renamed "Future Residential". 3. Modify Lot 66 by removing a portion of the westerly portion of exterior side yard and replacing it with a new Block 165 Open Space. 4. All 9.8 metre lots identified as "E" and shown as singles will be combined into 19.6 metre semi/link lots and all lots and blocks will be renumbered. 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 pdf Memorandum of Understanding 2.2 The Owner acknowledges that it has executed and registered on the title to the lands to which it applies a Memorandum of Understanding and amendment thereto with the Municipality of Clarington. The Memorandum of Understanding includes among other matters the timing and terms of the transfer of certain lands to the Municipality; timing of construction and costs associated with the external works within the Brookhill Neighbourhood as defined in the Municipality's Official Plan. The-Owner agrees to carry_out all obligations in the Memorandum of Understanding in respect to the registration of the applicable phase in S-C 2012-0003. 2.3 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"). 2.4 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.5 (1) The Owner shall be responsible for 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits in keeping with the approved Architectural Control Guidelines for the Brookhill Neighbourhood and to the satisfaction of the Director of Planning Services. (2) No residential units on the draft plan shall be offered for sale to the public until such time as architectural control guidelines and 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 2.6 (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 2.7 Draft plan approval does not give the Owner permission to place or dump fill or 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 alteration 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 REQUIREMENTS 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Clarington Boulevard (west half) (b) Longworth Avenue (c) Kilpartrick Crescent, Quick Trail, Purdy Place, Day Crescent & Storms Drive 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (d) Overland flow: • Blocks 163 and 164 on the draft plan. (e) Reserves: • 0.3 metres reserves shown as redlined on the draft plan. (f) Parkland Dedications: • Block 155 on the draft plan. (g) Open Space Lands and maintenance access and buffer from Open Space: • Blocks 157, 158, 159, 160, 161, 162 & 165 on the draft plan. (h) Stormwater Management Pond: • Block 156 on the draft plan. (i) External (with registration of Phase 2): • East side of Clarington Boulevard generally north of Part 4 on 40R- 27117 to the north side of the proposed extension of Longworth Avenue. PART 4— PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION 4.1 The Owner shall submit the following plans and report or revisions thereof: Phasing Plan (1) The Owner acknowledges that S-C 2012-0003 shall be developed in two phases. - - - - -The Owner agrees that Lots 1 to 80,-Blocks-151, 155, 157, 158; 159,160, 161 and- - 164 are within the limits of Phase 1. Lots 81 to 150, Blocks 152, 153,154, 156, 162, and 163 and the west half of Clarington Boulevard shall be included in the limits of Phase 2. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, dated October 2012, Project No. Y1126. Functional Servicing (3) If required, the Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services. Community Theme Plan (4) The Owner shall submit a "Community Theme Plan" to the Director of Planning Services and Director of Engineering Services for approval prior to the first submission of the of the Engineering Drawings. The Community Theme Plan shall be complimentary to the themes identified for the lands west of Green Road, including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location.and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. Environmental Sustainability Plan (5) The Owner shall submit an 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 (6) Prior to Authorization to Commence, 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. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Green Road/Stevens Road Intersection Updated Traffic Analysis (7) Prior to the registration of Phase 1, the Owner shall submit an updated traffic analysis of the Green Road/Stevens Road intersection. The operational analysis may recommend improvements/upgrades to this intersection. PART 5—SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT Longworth Avenue 5.1 (1) The Owner shall, not more than ninety days after receipt of written notice by the Director of Engineering Services having regard for a transportation analysis prepared for and at the cost of the municipality, prepare the drawings considered necessary for the Longworth Avenue between Green Road and Clarington Boulevard, save and except the structure over the Brookhill Tributary, in keeping with Memorandum of Understanding. The design of the structure over the Brookhill Tributary and the road above it shall be the responsibility of the Municipality. The design shall be in keeping with the Municipality's Design Criteria and Standard Detail Drawing C206, in keeping with Section 14 of the Memorandum of Understanding. (2) Except as specified below, the Owner is 100% responsible for the construction of Longworth Avenue, from Green Road to Clarington Boulevard. Any operational requirements at intersections such as turning lanes, but excluding traffic signals, are 100% cost of the Owner. The Municipality will be responsible for the cost of the construction, maintenance and repair of any portion of Longworth Avenue fronting onto municipal lands including oversizing and the structure over the Brookhill Tributary and the road above it. (3) The Owner agrees that within ninety days after the Director of Engineering Services approves the drawings referred to in Section 5.1 (1) shall provide: a) an updated cost estimate for Longworth Avenue Extension Works as identified in Schedule E to the Memorandum of Understanding and to the satisfaction of the Director; b) provide the security for the works; c) apply for an Authorization to Commence; and d) commence construction of Longworth Avenue from Green Road to Clarington Boulevard. (4) The Owner agrees to conditions in the Subdivision Agreement regarding the timing and manner of payment in keeping with Section 14 h) of the Memorandum of Understanding. Clarington Boulevard 5.2 (1) Prior to the registration of Phase 2, the Owner shall prepare the necessary drawings for Clarington Boulevard from its current terminus to the north side of the proposed extension of Longworth Avenue, in keeping with the Municipality's Design Criteria and Standard Detail Drawing C206 and to the satisfaction of the Director of Engineering Services. Furthermore, the Owner shall provide a staging plan for the construction of Clarington Boulevard for the approval of the Director. (2) The Owner shall, on or prior the issuance of an Authorization to Commence Works by the Director of Engineering Services, provide an updated cost estimate as identified in Schedule G to the Memorandum of Understanding to the satisfaction of the Director. The Owner shall commence construction of Clarington Boulevard within 30 days of the Authorization to Commence being issued. (3) The Owner agrees that the Clarington Boulevard (Base Works) is required prior to the first building permit in Phase 2. (4) In the event that Clarington Boulevard has not been constructed beyond the northerly extension of Day Crescent, prior the reaching a threshold of 850 units in accordance with Memorandum of Understanding, the Owner shall provide a temporary access easement to the Municipality and the appropriate agencies to facilitate temporary access to the Block 154 and/or Block 155. In addition, the Owner shall construct the temporary access in accordance with the Memorandum of Understanding. Obligations for Road Works 5.3 The Owner agrees that all other obligations with respect to Works, Performance Guarantees, Duties of the Relevant Parties' Engineer, Insurance Certificates and regulations for construction shall be in keeping with Schedules "F" through "J" of the Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and The Corporation of the Municipality of Clarington, endorsed by Council through By-law 2009-157 on November 23, 2009 and the amendment thereto. Green Road 5.4 The Owner shall enter into a mutually agreeable cost sharing arrangement with the Municipality the reconstruction of Green Road including all grading, storm sewers, sanitary sewers, watermains, bike lanes, boulevard works and landscaping excluding surface asphalt from Harvey Jones Drive to a location 150 metres north. The reconstruction of Green Road shall be required as part of Phase 1. Parkland 5.5 The Owner shall convey Blockl55 to the Municipality for park or other public recreational purposes and pay the Municipality cash in lieu of parkland under Section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. for any under dedication as set out in the Memorandum of Understanding. 5.6 The Owner shall prepare a Park Plan for Block 155 and the lands previously dedicated known as Part 9 40R-27112 (parkette). (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 including walkways, playgrounds, sports fields and seating areas, a proposed walkway/bridge across the Brookhill tributary to ensure a pedestrian connection between the parkette; 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 has approved the Park Plan. (3) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200 mm minimum topsoil and seeding, fencing, all storm sewer servicing within the park and provision of sanitary sewer, water connections and hydro service to the park property line along the park frontage. (4) The Owner shall construct, and ensure the Engineering Drawings incorporate final grades for the parkette including 200 mm minimum topsoil and seeding, fencing, all storm sewer servicing within the parkette and the provision of hydro service to the parkette property line. (5) For purposes of the Subdivision Agreement, all works under the section 5.3 (3) are considered a separate Works Component with a minimum maintenance period of 2 years. Block 154 5.7 In the event that the School Block (Block 154) is not acquired by the Kawartha Pine Ridge District School Board, additional lands suitable for 30 (51 metres along Street "A" by 20 metres in depth) parking spaces shall be conveyed to the municipality, at no cost to the Owner. Blocks 152 and 153 5.8 No development of Blocks 152 and 153 will be permitted until such time as the Owner has acquired all of the land necessary for the entire blocks. No partial development will be permitted. All development of Block 153 and any associated lands not included within this draft plan must be developed with a private internal road access and shall be subject to site plan approval. Block 158 5.9 (1) The Owner shall dedicate Block 158 for pedestrian/cyclist access to the Brookhill Tributary lands. The Owner shall retain a qualified landscape architect to prepare a concept plan to the satisfaction of the Director of Engineering Services and the Director of Planning Services showing: (a) all proposed features, including entrance feature, walkways, seating areas, trees/shrubs, fencing, signage; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed size, configuration and topography will allow for the construction of facilities. (2) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Concept Plan. (3) The Owner is 100% responsible for the construction and installation of any works identified on the approved concept plan and ensure the Engineering Drawings incorporate the final grades for Block 158 including 200 mm minimum topsoil and seeding, all storm sewer servicing. (4) For purposes of the Subdivision Agreement, all works under the section 5.4 (3) are considered a separate Works Component with a minimum maintenance period of 2 years. Block 165 5.10 The Owner shall ensure the Engineering Drawings incorporate final grades for Block 165 including 200 mm minimum topsoil and seeding. Noise Attenuation 5.11 (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited and dated October 2012 (the "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 recommendations of the Noise Report. Homeowner's Guide 5.12 The Owner shall prepare a Homeowner's Guide to the satisfaction of the Director of Planning Services and distribution to all purchasers of lots created in the subject Draft Plan. The Homeowner's Guide shall educate landowners about the Brookhill Tributary, associated valleylands, coldwater stream, wildlife, stormwater management facilities. Erosion Control Stabilization Works 5.13 The Owner acknowledges the recommendations of the Brookhill Tributary Environmental Impact Study, prepared by Aquafor Beech, July 2010. Furthermore, the Owner shall contribute to the erosion control stabilization works on the downstream of the Brookhill Tributary. The amount is based on the contributing upstream developable neighbourhood. Each benefiting landowner shall pay their proportionate share of the works, based on the drainage area of the draft plan. Lot 66 5.14 The Owner shall prepare House Siting Plan for Lot 66 (as redlined), showing the location of the house attached garage and driveway, noise fencing and grades. PART 6 —AGENCY CONDITIONS Region of Durham 6.1 (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall name road allowances included in this draft plan to the satisfaction of the Municipality and the Region. (4) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (5) The Owner shall agrees in the Municipality's subdivision agreement to implement the recommendation of the report entitled, "Environmental Noise Assessment"conducted by YCA Engineering Ltd., dated October 2012, which specifies noise control measures for the development. The noise control measures complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. (6) The Owner shall submit plans showing the proposed phasing to the Region for review and approval if this subdivision is to be developed by more than one registration. (7) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. Conservation Authority 6.2 (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and 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. (b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken. (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. (d) Incorporating Low Impact Development measures into the drainage scheme to reduce and reintroducing it into the ground and improving the level of water quality leaving the site. (2) The Owner shall dedicate the Open Space Blocks 157, 159, 160, 161 and 162 (hazard lands and the environmental setbacks) to the Municipality. (3) The Open Space Blocks 157, 159, 160, 161 and 162 (the hazard lands and environmental setbacks) be designated with a protective zoning, (4) The Owner shall submit for review and approval to the Central Lake Ontario Conservation Authority and the Municipality, a Landscape Plan for Block 156, the stormwater management facility. The landscaping plan will be implemented as part of the development of the site and will consist of native non-invasive species. (5) The Owner shall install non-gated fencing along the western boundary of Block 159 and Block 161 as well as along the eastern boundary of Block 160, only where rear yards abut those blocks to the satisfaction of Central Lake Ontario Conservation Authority and the Municipality. (6) The Owner agrees to carry out the requirements and recommendation of the Brookhill Environmental Impact Study Summary Report, prepared by Aquafor Beech Limited and North South Environmental dated July 2010, as well as the Brookhill Environmental Impact Study Final Report, prepared by Aquafor Beech Limited and North South Environmental dated November 2012 (for the Phase 2 lands). (7) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (8) The Subdivision agreement between the Owner and The Municipality of Clarington shall contain, among other matter, the following provisions: (a) The Owner agrees to carry out the works referred to in Condition 6.2 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good report during the construction period in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of any grading or initiation of any on-site works. (9) The Owner shall obtain written permission from the Central Lake Ontario Conservation Authority under the Authority's Ontario Regulation 42/06 entitled Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses prior to commencing any filling or grading on site. School Board 6.3 (1) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Owner shall contain a requirement that all Purchase and Sale Agreements for all phases of the approved draft plan contain a clause advising all potential purchasers that while an elementary school site has been reserved within the approved draft Plan of Subdivision for the Kawartha Pine Ridge District School Board that it may not be constructed and used as an Elementary School site. All potential purchasers are further advised that an existing Kawartha Pine Ridge District School Board school will be used to accommodate all public board elementary pupils until such time as any new Elementary School can be constructed in the Brookhill Neighbourhood. If a new Elementary School is not constructed within Brookhill Neighbourhood, than all pupils will be accommodated at an existing public board elementary site. (2) The Subdivider shall enter into an option agreement with the Kawartha Pine Ridge District School Board for Block 154 in Draft Plan of Subdivision S-C-2012-0003, prior to the registration of a subdivision agreement with the Municipality of Clarington for the first phase of development. (3) Prior to the execution of an option agreement with the Kawartha Pine Ridge District School Board, the Subdivider for Draft Plan of Subdivision S-C-2012-0003 shall provide the following to the satisfaction of the Kawartha Pine Ridge District School Board: (a) A copy of a stormwater management report indicating that all stormwater quality and quantity facilities for the proposed school block will be accommodated outside of the proposed school block. (b) A copy of a geotechnical soils study indicating that the soils in Block 154 are suitable for the construction of an elementary school. (c) A copy of Record of Site Condition filed with the Ministry of Environment that applies to the proposed elementary school site indicating that soils in Block 154 are suitable for the construction of an elementary school. (d) The proposed grading and servicing plans for the proposed elementary school, Block 154. (4) No topsoil or fill stockpiling, no construction storage or construction use of any kind shall be carried out by the Subdivider on the proposed elementary school block in the Draft Plan of Subdivision. (5) The Owner shall install a sidewalk within the road allowance for any roads that are adjacent to Block 154. Utilities 6.4 (1) The Owner shall coordinate 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 58(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 the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report 7.4 (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 19, 22, 31, 34, 40, 50, 53, 64, 67 and Block 151: Purchasers are advised that sound levels due to increasing road traffic and the existing may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment's noise criteria. (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 19, 20, 21, 22, 31, 32, 33, 34, 39, 40, 50, 51, 52, 53, 64, 65 and Block 151: This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject-property). (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 19, 20 21,22, 31, 32, 33, 34, 39, 40, 50, 51, 52, 53, 64, 65; 67, 96,97,115,116, 150 and Block-151: a. Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road traffic and the existing may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment. b. An acoustical barrier(1.80 metre fence) has been constructed on this lot to help reduce outdoor noise levels in the rear yards. The fence not to be tampered with or removed by the homeowner." School Board 7.5 The Owner shall include the following warning clause in agreements of purchase and sale for All Lots and Blocks: School- 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. Future School-Potential purchasers that while an elementary school site has been reserved within the approved Draft Plan of Subdivision for the Kawartha Pine Ridge District School Board that it may not be constructed and used as an Elementary School site. All potential purchasers are further advised that an existing Kawartha Pine Ridge District School Board school will be used to accommodate all public board elementary pupils until such time as any new Elementary School can be constructed in the Brookhil/Neighbourhood. If a new Elementary School is not constructed within Brookhil/Neighbourhood, than all pupils will be accommodated at an existing public board elementary site. Nearby Farm Operations 7.6 The Owner shall include the following warning clause in agreements of purchase and sale for Lots 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 7.7 The Owner shall include the following warning clause in agreements of purchase and sale for Lots 16 to 20, 33 to 38 and 130 to 150: Park - The adjacent Block 155 and the lands on Green Road (Part 9 on 40R-2711) are designated for parkland uses including community events -and-recreation facilities-which, when developed, may contain active lighted facilities for night-time services. Pedestrian and Cycling Trails 7.8 The Owner shall include the following warning clause in agreements of purchase and sale for Block 151 and Lots 1 to 16, 38, 43 to 46, 75 to 80, 81 to 96 and 130 to 135: Pedestrian and Cycling Trails- The adjacent land are owned by the Municipality of Clarington and may be used for pedestrian and cycling trails. Chain Link Fencing 7.9 The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 to 20, 33 to 38, 67 to 80, and 81 to 96: Chain Link Fencing— Chain link fencing is a required feature between this lot and the adjacent park, open space or overland flow. These lands are owned by the Municipality of Clarington. 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. No gates are permitted in the chain link fence. Purchasers may not dump any material, debris or grass clippings on these lands. Purchasers shall not drain swimming pool water or spa water directly into these areas. Water should be directed to the road, where it enters the storm sewer system, and is treated by stormwater management controls. Noise Attenuation Fencing 7.10 The Owner shall include the following notice in the agreements of purchase and sale for Lots Block 151, Lot 1, 20, 21, 32, 33, 39, 51, 52, 65, 96, 97, 115, 116, and 150: Noise Attenuation Fencing- Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by YCA Engineering Limited dated October 2012. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence. Stormwater Management Pond 7.11 The Owner shall include the following notice in the agreements of purchase and sale for Lots 67 to 74 and-90-to-96: - - - - Stormwater Management Pond- The purchaser acknowledges that these lands abut a stormwater management pond, which is an unmaintained lands owned by the Municipality of Clarington. These lands are subject to ponding or flowing water during various times of the year The Owner shall include the following notice in the agreements of purchase and sale for Lots 73, 74, 90 and 91: Overflow Channel— This lot abuts an open space channel which is required to convey stormwater to the abutting stormwater management pond. The channel is owned by the Municipality of Clarington and may or may not be maintained. 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 2.3, 4.1(1), 4.1(2),5.11, 6.1, 7.4 and have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 4.1(3) & 6.2 have been satisfied; and (c) Kawartha Pine Ridge District School Board, how Conditions 6.3 & 7.5 has 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 three (3) 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 3T&(905)-579=041 1-. - - (c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6. Attachment 3 to Municipality of Clarington Report PSD-033-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0019; Now Therefore Be It Resolved That,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule'3'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)Zone"to"Environmental Protection (EP)Zone'; "Agricultural (A)Zone"to"Urban Residential Type One (R1)Zone"; "Agricultural (A)Zone to"Urban Residential Exception (R1-43)Zone"; "Agricultural (A)Zone to"Holding-Urban Residential Exception ((H)R1-79) Zone"; and "Agricultural (A)Zone"to"Holding-Urban Residential Exception ((H)R3-39)" as illustrated on the attached Schedule'A' hereto. 2. Schedule 'A'attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-law passed in open session this day of J2015 Adrian-Foster-Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. W _ <oi,G� `yv 0�ry.9`FHL Of U 0 RIGHTAVENUE y= a�>yJ W Jai>>�: W ,3 J r SUMERSFORD DRIVE _�>,> : DAY CRESCENT J 'J"'P Q U SUMERSFORD DR O o era»» o ya aa>�>a ayi 3 �L Fly cE aJ „>ay�a .W CFN Z W RC Lw 'w.Y:�twy.r: .' i » ®Zoning Change From"A"to"(H)R1-79" Zoning Change From"A"to"(H)R3-39" Zoning Change From"A"to"EP" Zoning Change From"A"to"R1" ®Zoning Change From"A"to"R1-43" Zoning Change From"EP"to"(H)R1-79" Adrian Foster,Mayor ®Zoning Change From"EP"to"A" C.Anne Greentree,Municipal Clerk Zoning Change From"EP"to"R1" ®Zoning to Remain"A" Zoning to Remain"EP" o Bowmanville �C—_J~- - zBA2012-0 19 i Inc �-- GSCHEDULE3