8. PLAN OF SUBDIVISION APPROVAL - 400 PAUL METIVIER DRIVE

approbation du plan de Lotissement - 400, promenade paul-metivier

Committee recommendationS as amended

That Council:

1) Approve the draft plan of subdivision for Blocks 1, 2 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2 and subject to the conditions attached as Document 4, as amended by:

a) The deletion of Block 2 on the draft plan;

b) The deletion of condition 50; and

c) That Blocks 1 and 3 be increased in width in respect of the deleted Block

2) Authorize the Director of Planning and Infrastructure Approvals to grant approval for the proposed Draft Plan of Subdivision pertaining to Blocks 1 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2.

RecommandationS modifiÉes du Comité

Que le Conseil :

1) Approuve le plan de lotissement préliminaire pour les blocs 1, 2 et 3, qui font partie des lots 13, 14 et 15, concession 2 (façade rivière), tel qu’il est indiqué dans le document 2 et sous réserve des conditions énoncées dans le document 4 ci-joint, après les modifications suivantes :

a) Le retranchement du bloc 2 du plan provisoire;

b) Le tranchement de la condition 50;

c) L’élargissement des blocs 1 et 3 dans une mesure correspondant au bloc retranché.

2) Autorise le directeur de l’Approbation des demandes d’aménagement et d’infrastructure à approuver le plan de lotissement préliminaire relativement aux blocs 1 et 3, qui font partie des lots 13, 14 et 15, concession 2 (façade rivière), tel qu’il est indiqué dans le document 2.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated
12 March 2007 (ACS2007-PTE-APR-0084).

2. Extract of Draft Minutes, 27 March 2007.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et d'environnement

and Council / et au Conseil

12 March 2007 / le 12 mars 2007

Submitted by/Soumis par Nancy Schepers, Deputy City Manager/Directeur municipal,

Planning Transit and Environment / Urbanisme, Transport en commun et Environnement

Contact Person/Personne ressource: Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310, Karen.Currie@ottawa.ca

Gloucester-South Nepean (22)

Ref N°: ACS2007-PTE-APR-0084

SUBJECT:	PLAN OF SUBDIVISION APPROVAL - 400 PAUL METIVIER DRIVE (D07-16-05-0033)
OBJET :	approbation du plan de Lotissement - 400, promenade paul-metivier

REPORT RECOMMENDATIONS

That recommend Council:

1) Approve the draft plan of subdivision for Blocks 1, 2 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2 and subject to the conditions attached as Document 4.

2) Authorize the Director of Planning and Infrastructure Approvals to grant approval for the proposed Draft Plan of Subdivision pertaining to Blocks 1, 2 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil :

1) d’approuver le plan de lotissement préliminaire pour les blocs 1, 2 et 3, qui font partie des lots 13, 14 et 15, concession 2 (façade rivière), tel qu’il est indiqué dans le document 2 et sous réserve des conditions énoncées dans le document 4 ci-joint.

2) d’autoriser le directeur d’Approbation des demandes d’aménagement et d’infrastructure à approuver le plan de lotissement préliminaire relativement aux blocs 1, 2 et 3, qui font partie des lots 13, 14 et 15, concession 2 (façade rivière), tel qu’il est indiqué dans le document 2.

BACKGROUND

South Nepean Development Corporation applied for subdivision approval in 2005 for a large portion of their Chapman Mills lands that are shown on Document 1. The subdivision will accommodate approximately 800 residential units at full build out, including two school sites and four neighbourhood parks. A stormwater management facility is proposed on lands adjacent to the Greenway System that makes up a continuous open space linkage network alongside the Jock River. Two elementary school sites form part of this plan, an elementary school operated by the Ottawa-Carleton District School Board and a second by the Conseil des Écoles Catholiques de Langue Française du Center-Est (CECLFCE), both adjacent to community parks.

The lots subject to this draft plan of subdivision approval were originally part of this larger plan of subdivision, located in the South Nepean Urban Community. The subject lots are situated on the west side of Woodroffe Avenue, south of Strandherd Drive, north of the Hearts Desire Community. Further west is the Trinity Shopping Centre and the First Capital Shopping Plaza is to the northeast.

Most of the subdivision was draft approved in October 2006, after numerous discussions with staff and meetings with the Hearts Desire Community Association. A number of issues were resolved to the satisfaction of all participants in the process with the exception of a pedestrian pathway that is being sought by staff and some residents. This link will create a pathway connection between the new subdivision and the Hearts Desire community. In the interests of not delaying the approval process for the larger subdivision, the three blocks of land that are affected by the pathway link were removed from the larger draft plan approval and are being brought to Planning and Environment Committee for consideration and approval.

Official Plan

The Official Plan designates this area as 'General Urban Area'. The Secondary Plan policies for Area 4, 5 and 6 designates most of the subject lands for 'Mixed Density Residential', 'Mixed Use', 'Schools' and 'Greenway'. The “Mixed Density Residential” designation is intended to permit low, medium and high-density residential development, in combination with neighbourhood serving facilities.

DISCUSSION

Rationale

This subdivision development is bounded on the south by the Hearts Desire residential community. The subdivision plan includes a pedestrian pathway shown as Block 2 on the attached Document 2. This pathway link has been the subject of a number of discussions between staff, the applicant and community representatives from the Hearts Desire Community Association, the latter who oppose the link. Staff is of the strong opinion that this pedestrian link is one of the basic principles of community design and there are compelling policies in the Official Plan and Secondary Plan for Area’s 4, 5 and 6 to support its inclusion in this design.

Section 4.3 of the Official Plan encourages staff, in reviewing the design of subdivisions, to evaluate the transportation network in terms its ability to facilitate movement of people on foot, by bicycle and transit, and by automobile. The plan further encourages community design that:

· Is conducive to walking, cycling and transit, through logical networks, connecting origins and destinations along direct and well-marked routes,

· Promotes increased transit usage by convenient and direct access between proposed and existing developments and transit stops and linkages to nearby streets,

· Is pedestrian-friendly, whereby walking distances to stations and major transit stops are minimized,

· Connects pedestrian walkways between adjacent properties in order to facilitate circulation between sites.

The overall development plan for this phase of Chapman Mills is a continuation of the design standards employed in earlier phases of the development to the west of this area and north and south of Strandherd Drive. An integral part of that design has been the incorporation of the above-mentioned principles, including the objectives of the Secondary Plan for Area 4, 5, and 6 relating to Open Space and Transportation. These policies emphasize the creation of a network of connected open spaces with a strong link to the recreation area associated with the Jock River and Rideau Rivers. In addition, the transportation objectives emphasize the need for subdivision plans to promote land use patterns that promote transit, cycling and pedestrian movements, thereby creating neighbourhoods and communities that are safe, convenient, efficient, and energy-conserving. The result will be a development that overall minimizes environmental impacts.

The pathway is necessary as it will provide the Hearts Desire community with access to Chapman Mills Drive, which is to be developed as a vibrant and intimate Mainstreet in the South Urban Town Centre. The roadway is being designed to be the focus for a broad mix of higher intensity land uses. It has been designed to accommodate a major transit corridor down the middle of the right-of-way. The surrounding communities therefore should be designed with features that make this area more easily accessible.

All of the above arguments present a strong case for including this one pedestrian pathway link between the two communities. While the Hearts Desire Community suggests this link will only serve to bring the new residents into and through their existing community, it is also intended to serve as a means for the Hearts Desire residents to access a vast array of existing and future services in the neighbourhood to the north. The two elementary schools, community parks, a potential City community facility on Chapman Mills Drive, shopping and transit are but a few of the services that can be conveniently accessed via this pathway. Staff has also received feedback from some residents in the community that are in support of the pathway, citing Woodroffe Avenue, with its present rural cross-section, as not a preferred choice for pedestrians to access the nearby shopping facilities.

Another argument being presented against the link is that the buffer area established in the Secondary Plan, specifically through policies 2.5.2. and 3.1.2, is being compromised by permitting the pathway. This claim further states that allowing the pathway violates the Official Plan policy, which does not permit any connections to their community. The Community Association was able to secure through the Secondary Plan process, a 10 metre wide landscaped buffer area to separate the community from any neighbouring development to the north. In addition, they were successful in the formulation of a transportation policy that restricts the roadway extension of Newland Drive and Kelowna Street northwards into the subject lands. The policy states “ …Kelowna Street and Newland Street shall not be extended to join with or extend into the area of proposed development lying north of Hearts Desire”. Clearly this policy refers to street extensions and does not preclude pedestrian connections, as this is a fundamental design element of subdivision planning and not allowing it amounts to poor community planning.

Staff is recommending that after considering the merits of the proposed pedestrian pathway link, that Planning and Environment Committee approve the link and confer delegated authority for these three blocks back to the Director of Planning and Infrastructure Approvals.

CONSULTATION

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. Staff received a letter of support for the proposal from a resident in the neighbourhood, and numerous comments in support from staff from other branches involved in the approval process. An objection from the Hearts Desire Community Association was also received. A summary of the comments received is contained in Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed within the timeframe established for the processing of subdivision applications due to the resolution of issues and the preparation of a staff report for Committee consideration on the pathway connection.

SUPPORTING DOCUMENTATION

Document 1 Original Plan of Subdivision

Document 2 Subject Draft Plan of Subdivision Plan

Document 3 Consultation Details

Document 4 Draft Subdivision Approval Conditions

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the applicant Marcel Denomme, South Nepean Development Corporation, 300-427 Laurier Ave. West. K1R 7Y2, OttawaScene.com, #33-174 Colonnade Road, Ottawa, ON, K2E 7J5, and the Program Manager, Assessment, Department of Corporate Services of City Council’s decision.

ORIGINAL Draft Plan of SUBDIVISION: DOCUMENT 1

EXCERPT from subject draft Plan of SUBDIVISION: DOCUMENT 2

consultation DETAILS DOCUMENT 3

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Numerous comments were received in support and against the proposal. The following is a summary of the comments:

Comment from a Resident:

Re: Pathway connecting Heart's Desire to the new subdivision to the west.

I live on Woodroffe on a property that also fronts on Howard Court.  We have two young grandchildren and walk daily.  A connecting path to the new subdivision would allow us to walk to the commercial areas or just walk in new areas in general, safely. We now walk along Woodroffe to get to the Loeb Plaza...NOT safe!

When Woodroffe closes the plan was to put a sidewalk along the east side where the new houses will be built.  This will still be a very busy road as Heart's Desire has to access Strandherd this way.

We realize that there is the possibility of people not from the community entering this way but the idea of connecting walkways should encourage the walkers of the area.  My husband and I use the beautiful pathway through the woods from Woodroffe to Stonebridge and the boardwalk to Winding Way often in the summer.  No one has told us that they do not want us in their community.

Hopefully the plan will be followed and there will also be walkways near the new pond area at the end of Bren Maur. There can never be too many walkways in this time of childhood obesity.

Response:

Staff supports the arguments in this correspondence.

Comment from Hearts Desire Community Association:

Newland Drive and Kelowna Street:

The current Official Plan of the City of Ottawa specifically directs that these roads within Hearts Desire not be connected to any development to the north of Hearts Desire. As it relates to road construction it appears that this aspect of the Official Plan will be honoured by the Minto Draft Plan of Subdivision. We expect this requirement within the Official Plan to be honoured by the Planning Staff, but it looks like that will be violated with the proposed pedestrian pathway linking the two communities at the end of Newland. We are opposed to this pedestrian link. We do not want it, and feel that it is being forced on the community because someone in City Hall seems to know better than the community what is best for it.

We do not want these roads to be used as pedestrian or cycle connectors to the new development.

Response:

The Secondary Plan is clear that no roadway connection will be permitted through the buffer zone and that is not part of this application. The plan does not indicate that pedestrian connections will not be permitted. On the contrary, the plan objectives and policies clearly encourage walking and pedestrian linkages throughout these neighbourhoods, as detailed in the earlier in the report.

Comments from Cycling Facilities Co-ordinator, Mobility and Area Traffic Management, Public Works and Services:

Both the Official Plan and Transportation Master Plan contain many policies in support of design that encourages active transportation modes like walking and cycling.  We feel that having as many walking and cycling links and facilities as possible is the best way to encourage these modes of travel, ideally with a reduction in facilities for motorized vehicles at the same time.  The negative externalities posed by walkers and cyclists are very minor compared with those posed by motor vehicles; hence we encourage pathway connections between subdivisions as they allow not only pedestrian travel but also cycling travel, which is banned on sidewalks.  In general, cyclists and pedestrians are even more encouraged to use pathways, as typically the environment is more comfortable in the absence of motor traffic.

Based on the above, we strongly believe pathway links should be created at both Newlands and Kelowna.  In this case of newly developing communities like this, there is no better opportunity to create such facilities that stitch together communities.

Comments from Parks and Recreation Branch:

Parks and Recreation staff does not agree with the comments from the Heart’s Desire Community Association.

Throughout the consultation, design and approvals process for this subdivision, Parks and Recreation has taken an active role in ensuring that the distribution of lands and design of the new community are not only supported by the Official Plan and meet Planning Act requirements, but also that the details of the plan - the physical distribution of sites, their size, location and accessibility - support the strategic directions of the Ottawa 20/20 Human Services Plan (“the HSP”).

The HSP aims to improve the quality of life for the entire city, and speaks of one shared vision, which can be worked towards by following five strategic directions. The HSP aims to create a city that, by the year 2020, is vibrant, safe, healthy, inclusive, equitable, and prosperous. A city that places priority on its people.

Much of what is proposed in the new subdivision plan clearly supports the Human Services Plan’s vision and strategic directions. The subdivision plan responds to the principles of:

· “A Green and Environmentally-Sensitive City” with open spaces and park linkages.

· “A Healthy and Active City” - Communities that encourage physical activity and promote public health and safety. Communities that offer safe routes for all forms of traffic (vehicular, cyclist, pedestrian); and communities that recognize the benefits of recreation.

· “A City of Distinct, Liveable Communities - Where people live in “Complete Communities” - communities that have a variety of housing choices, employment, parks and a wide range of services and facilities accessible by walking, cycling and transit.

· “A Caring and Inclusive City” - Communities with “Easy Mobility”- easy to get around and barrier-free for the disabled. There are wide sidewalks and recreational pathways; there is frequent, accessible transit service.

· “A Focus on Walking, Cycling and Transit” - Ottawa implements policies that favour walking, cycling and public transit over the use of private motor vehicles, thereby facilitating the use of modes of transportation that are socially accessible, environmentally healthy and economically feasible.

Taken together these principles speak to the concept of building communities where people are welcomed in, not kept out; where public resources and natural beauty are shared and enjoyed by all. If the City were to bend to the will of a few in this subdivision by removing the pedestrian connections, the integrity of the whole is greatly diminished. Removal of the pedestrian connections is counter to the spirit and direction of the City of Ottawa Human Services Plan.

Designing communities that live out these principles has a reciprocal effect on other communities. Given the design of the new subdivision and the major commercial, institutional, recreation and open space opportunities that will develop, pedestrian connectivity and ease of access between Heart’s Desire and Chapman Mills will be just as critical for Heart’s Desire residents to gain entry to these services and facilities as it is of interest to the future Chapman Mills residents to access public parks, recreation facility, forests and opens space in the established community to the South.

The public spaces and facilities that exists in the area today, and the ones that will be built in the new community as it develops, are exceptional and desirable. By placing barriers preventing pedestrians and cyclists access between and through new and old communities may, by design, increase the likelihood that people will drive to these destinations rather than walk or cycle.

The benefits of a pedestrian link do not only serve those outside of Hearts’ Desire, but it equally serves the needs of those within that community.

DRAFT PLAN OF SUBDIVISION APPROVAL CONDITIONS DOCUMENT 4

File: D07-16-05-0033

CONDITIONS FOR FINAL APPROVAL

SOUTH NEPEAN DEVELOPMENT CORPORATION

CHAPMAN MILLS PHASE C3 SUBDIVISION

DRAFT APPROVED: March XX, 2007

The CITY OF OTTAWA's conditions applying to the approval of the final plan for registration of South Nepean Development Corporation's Chapman Mills Subdivision (FILE: D07-16-05-0033) are as follows:

	General	Clearing Agency
1.	This approval applies to the draft plan certified by D.A. Simmonds, Ontario Land Surveyor, dated February 27, 2007, showing the 3505 Strandherd Drive subdivision development, being Part of Lots 13, 14 and 15, Concession 2 (Rideau Front), in the former City of Nepean.
2.	This approval applies to Blocks 1, 2, and 3 inclusive on the draft plan certified by D.A. Simmonds, Ontario Land Surveyor, dated February 27, 2007. The Owner agrees and acknowledges that the City of Ottawa will not register a Plan of Subdivision incorporating these lots until the status of the pedestrian block, indicated as Block 2 on draft plan has been resolved to the satisfaction of the City.	Ottawa (PTE)
3.	The Owner agrees, by entering into a Subdivision Agreement, to satisfy all terms, conditions and obligations, financial and otherwise, of the City of Ottawa, at its sole expense, including, but not limited to, the phasing of the subdivision registration, the design and construction of roads, services, utilities and drainage, in accordance with City Specifications and Standards all to the satisfaction of the City.	Ottawa (PTE)
4.	The Owner shall have competent professional engineering inspection personnel on site at all times during the period of construction to supervise the Works and the Director, Infrastructure Services shall have the right at all times to inspect the installation of the Works. Should it be found in the sole opinion of the Director, Infrastructure Services that such personnel are not on site or are incompetent in the performance of their duties, or that the said Works are not being carried out in accordance with approved plans or specifications and in accordance with good engineering practice, then the Director, Infrastructure Services may order all work in the project to be stopped.	Ottawa (PTE)

5.	The Owner shall obtain such permits as may be required from Municipal, or Provincial authorities and shall file copies thereof with the Director of Planning and Infrastructure Approvals.	Ottawa (PTE)
6.	The Owner acknowledges that this subdivision will not be cleared for registration prior to reaching satisfactory arrangements for the provisions of adequate water supply and sewer service to the proposed subdivision.	Ottawa (PTE)
7.	The Owner acknowledges and agrees that all reports and/or studies required as a result of the approval of the Plan of Subdivision shall be implemented to the satisfaction of the City at the sole expense of the Owner. Further, that the City may require certification by the Owners Professional consultants that the works have been designed and constructed in accordance with the approved reports, studies, standards specifications, and plans to the satisfaction of the City.	Ottawa (PTE)
8.	The Owner agrees that prior to any further division of lots or blocks, the City of Ottawa may require an additional agreement to address any new amended conditions.	Ottawa (PTE)
	Geotechnical/Hydrogeological
9.	The Owner shall submit a Geotechnical report prepared by a Geotechnical Engineer, licensed in the Province of Ontario containing detailed information on Geotechnical matters and recommendations pertaining to but not limited to the following; · the existing sub-surface soils, groundwater conditions · slope stability and erosion protection, in addition to any building construction requirements adjacent to unstable slope · design and construction of underground services · design and construction of internal roadways, fire routes and parking lots · Design and construction of retaining walls and/or slope protection · Design and construction of engineered fill · Design and construction of building foundations · Site dewatering · Design and construction of swimming pools The report shall provide recommendations to address any of the latter situations to the satisfaction of the City.	Ottawa (PTE)

10.	The Owner shall retain the services of the previously referred to Geotechnical Engineer to ensure that the recommendations of the report are fully implemented. The Owner shall provide the PGM Manager with certificates of compliance issued by the Geotechnical Engineer with respect to each of the matters identified in condition #9. Furthermore, the Owner shall provide the PGM with certificates of compliance issued by the Geotechnical Engineer prior to construction of the foundation and prior to a request for backfill inspection.	Ottawa (PTE)
11.	The Owner acknowledges and agrees to supply potable water to the Hearts Desire Community and nearby rural residences in the event ground water supply and / or quality of ground water is proven to be impacted negatively as a result of the development by the South Nepean Development Corporation’s Area C3 Subdivision and the related infrastructure construction and operation.	Ottawa (PTE)
	Early Servicing of Subdivision
12.	Upon approval of the Draft Plan of subdivision by the City, municipal services within the Plan of Subdivision may be installed provided appropriate approvals have been provided, financial security, insurance, and a letter of indemnity are posted to the satisfaction of the City.	Ottawa (PTE)
	Construction
13.	The Owner acknowledges and agrees to grade, landscape and install erosion control measures on any portion of the proposed lots or adjacent lands in the possession of the Owner which have been filled or where the natural vegetation has been disturbed which, in the opinion of the Director, Planning and Infrastructure Approvals, is creating a nuisance, hazard and / or eyesore.	Ottawa (PTE)
	Urban Servicing
14.	The Owner shall prepare, at their cost, a hydraulic network analysis of the proposed water plant within the Plan of Subdivision and as it relates to the existing infrastructure. The said report shall be submitted to the City of Ottawa for review and approval as part of the water plant design submission.	Ottawa (PTE)
15.	The Owner shall be responsible for the provisions of the following services, including oversizing, at its cost, to the satisfaction of the City, and/or the Province; Watermains Sanitary Sewers Storm Sewers Roads Street Lights Sidewalks Landscaping Street name and traffic signs Stormwater management facilities	Ottawa (PTE)
16.	The Owner shall submit detailed municipal servicing plans, prepared by a Civil Engineer licensed in the Province of Ontario, to the Director of Planning and Infrastructure Approvals.	Ottawa (PTE)
17.	The Owner shall submit detailed grading and drainage plans for this subdivision, prepared by a Civil Engineer licensed in the Province of Ontario, to the Director of Planning and Infrastructure Approvals.	Ottawa (PTE)
18.	The Owner shall provide services oversized and over depth to service lands beyond the limits of the subdivision as required and to the satisfaction of the City of Ottawa.	Ottawa (PTE)
19.	Where the Owner is required under this Agreement to provide and install sanitary sewers of a diameter larger and/or at a greater depth than would be required to service the area to be developed, as detailed in the approved plans of this agreement, the Owner shall convey to the City such 0.3m reserves as may be necessary to prevent the Owners and developers of adjacent lands from making connections to the sanitary sewers installed by the Owner. Insofar as it legally may, the City will require other persons connecting to the sewer to pay an equitable share of the cost thereof to the Owner, the amount of which payment shall be determined by the Director, Planning and Infrastructure Approvals.	Ottawa (PTE)
20.	As the Owner proposes a road allowance(s) of less than 20 meters, and if the Owner also proposed boulevards between 4.0 and 5.0 meters wide, the Owner shall meet the following requirements: Extend water, sanitary, and storm services a minimum of 2.0 meters onto private property during installation before being capped. Install hydro high voltage cable through the transformer foundations to maintain adequate clearance from the gas main. Provide and install conduits as required by each utility. Provide and install transformer security walls when a 3.0 meters clearance, as required by the Electrical Code, cannot be maintained. The design and location of the security wall must be approved by the local hydro utility. e. Install all road crossing ducts at a depth not to exceed 1.2 meters from top of duct to final grade.
	Transportation/Highways/Road Modifications
21.	The Owner shall undertake a Transportation Impact Study certified by a Professional Engineer with expertise in undertaking such studies which complies with the City of Ottawa’s Transportation Impact Study Guidelines in identifying Transportation Demand Management measures and analyzing traffic impacts, transit impacts and implications for pedestrian and bicycle movements. The methodology and analysis principles shall be to the satisfaction of the Director, Planning and Infrastructure Approvals. The Owner further agrees to revise the Draft Plan in accordance with the recommendations of the study to the satisfaction of the City of Ottawa.	Ottawa (PTE)
22.	The Owner shall provide temporary turn-arounds for all streets terminating at the edge of any phase of development, prior to registration, to the satisfaction of the City of Ottawa. All intersections and residential street elbows shall include the proper daylighting sight triangles to the satisfaction of the City of Ottawa.	Ottawa (PTE)
23.	The Owner shall design all road intersections, including geometric, intersections spacing, grades, the conveyance of the necessary sight triangles and required 0.3 meter reserves necessary for lot access control or until the future construction of road extensions or future development of adjacent lands, to the satisfaction of the City of Ottawa.	Ottawa (PTE)
24.	The Owner shall dedicate the proposed streets, as shown on the plan as public highways, to the City.	Ottawa (PTE)
25.	The Owner shall be responsible for 100% of the cost and installation of all permanent and temporary street name signs and traffic signs that may be required in accordance with City specifications. All signs shall be installed and located to the satisfaction of the City and installed prior to the City’s acceptance of the roads within the subdivision.	Ottawa (PTE)
26.	The Owner shall pay all expenses including but not limited to land acquisition, contract drawings preparation, utility relocations, advertising, road work, traffic signal lights installation, construction supervision, as built drawing preparation, and other engineering and administrative costs for the modification of any intersection(s) and installation of an additional traffic lane(s) along any affected road as recommended by the approved Traffic study (s).	Ottawa (PTE)

	Public Transit
27.	The Owners agree that transit bus routes will operate on Chapman Mills Dr, Beatrice Dr, Longfields Dr and Street No. 9 (western extension of Cresthaven Dr). Future homeowners should be advised, through the purchase and sale agreements of potential bus stops along these streets. Specific locations will be identified during the site plan phase.	OC Transpo
28.	The Owner shall design and construct, at no cost to the City, streets that have been identified for potential transit services, to Transportation Association of Canada standards, including right-of-way width, horizontal and vertical geometry, and pavement structure and the construction of a sidewalk on both sides of the streets.	Ottawa (PTE)
29.	The Owner shall orient dwellings and vehicular accesses in the vicinity of bus stops, in a manner, as to avoid, traffic conflicts and visual intrusion to the satisfaction of the City.	Ottawa (PTE)
30.	The Owner shall ensure that the staging of the subdivision, including dwellings, roadways, walkways, and paved passenger standing areas, or shelter pads and shelters, will be constructed in a sequence that permits the operation of an efficient, high quality transit service at all stages of development.	Ottawa (PTE)
31.	The Owner shall inform all prospective purchasers, through a clause in all agreements of Purchase and Sale and indicate on all plans used for marketing purposes, those streets identified for potential transit services, the locations of the bus stops, paved passenger standing areas, or shelters pads and shelters, which may be located in front of or adjacent to the purchaser’s lots at any time.	Ottawa (PTE)
32.	The Owner shall design and construct, at no cost to the City of Ottawa, paved transit passenger standing areas, or shelters, to the specifications of OC Transpo.	OC Transpo
	Environmental Constraints
33.	The Owner agrees that the development of the Subdivision shall be undertaken in a manner such as to prevent or to ameliorate the effects of environmental constraints through the preparation of, if required, an Impact Assessment of Adjacent Waste Disposal Sites, an Impact Assessment of Adjacent Limestone Resource or Sand/Gravel Resource, an Assessment of Former Uses of Abandoned Mines, Pits or Quarries and/or a Minimum Distance Separation Analysis, if the proposed development is close to an active livestock operation.	Ottawa (PTE)
	Noise Attenuation
34.	The Owner shall have a Noise Assessment Study undertaken by a Professional Engineer licensed in the Province of Ontario with expertise in noise assessment and related to land use planning. The study shall be to the satisfaction and approval of the City and shall comply with the MOEE LU-131 – Noise Assessment Criteria in Land Use Planning, the City’s Standards for Noise Barriers and Noise Control Guidelines, and be in accordance with the current version of the APEO Guidelines, for Professional Engineers providing Acoustical Engineering Services in Land Use Planning.	Ottawa (PTE)
35.	The Owner agrees to implement all the recommendations as stipulated in the approved Noise Assessment Study and the Professional Engineer shall provide certification that the prescribed noise attenuation measures are in accordance with the approved study. Prior to the City approving the works, the Professional Engineer shall provided certification that all noise attenuation measures have been completed and are in accordance with the requirements of the approved study.	Ottawa (PTE)
	Stormwater Management
36.	The Owner agrees that the development of the Subdivision shall be undertaken in a manner such as to prevent any adverse effects, and to protect, enhance or restore any of the existing or natural environment, through the preparation of any stormwater management reports, as required by the City of Ottawa. All reports are to be approved prior to the commencement of any Works.	Ottawa (PTE) RVCA
37.	The Owner shall provide to the City any and all Storm Water reports that may be required by the City for approval prior to the commencement of any works in any phase of the Plan of Subdivision. Such reports shall be in accordance with any Watershed or Sub-watershed Studies, Conceptual Storm Water Reports, City or Provincial standards, specification and guidelines. The reports shall include but are not limited to, the provision of erosion and sedimentation control measures, implementing or phasing requirements, all storm water monitoring and testing requirements.	Ottawa (PTE) RVCA
38.	The Owner acknowledges and agrees that the commencement of any works within any phase of the Plan of Subdivision shall not be permitted until such time as the required storm water management measures have been designed and approved by the City and any other approval agency. Further, the Owner agrees that the issuance of any building permits within any phase of the Plan of Subdivision shall not be permitted until all storm water measures have been implemented and constructed to the satisfaction of the City.	Ottawa (PTE)
39.	The Owner shall provide, on completion of all stormwater works, certification to the City of Ottawa through a Professional Engineer, that all measures have been implemented in conformity with the Stormwater Management Plan.	Ottawa (PTE)
40.	The Owner shall, prior to registration or prior to an application for a Certificate of Approval for any stormwater works, whichever comes first, prepare a stormwater Site Management Plan which shall identify the sequence for the implementation of the Plan in relation to the construction of the subdivision and be in accordance with Stormwater Best Management Practices to the satisfaction of the City of Ottawa and the relevant Conservation Authority.	Ottawa (PTE) RVCA
41.	The Owner shall submit drainage and grading plans to the City of Ottawa for review and approval with respect to all streets and once approved, drain and grade the subject development in accordance with the approved plans. This requirement could be incorporated into the Stormwater Site Management Plan.	Ottawa (PTE)
42.	The Owner agrees to construct, at his own expense, all sewers, watermains, structures, and appurtenances beyond the limits of the Subdivision that are required for servicing the Subdivision.	Ottawa (PTE)
43.	The Owner shall submit a Servicing Study report for the Subdivision to the City of Ottawa for review and approval. The scope of this report shall include an assessment of municipal water, wastewater, and stormwater infrastructure required to service the Subdivision. In addition to detailing the final servicing designs for the Subdivision, the report will also detail any interim or phased servicing designs required for the development.	Ottawa (PTE)
44.	The Owner agrees that the design of the subdivision shall respect the existing drainage routes within and adjacent to the subdivision, and that the Subdivision phasing will accommodate drainage on an interim basis until such time as the final Stormwater Site Management Plan is implemented.	Ottawa (PTE)

45.	The Owner agrees to convey to the City, at his own cost, all necessary easements for drainage and/or servicing that may be required. The Owner shall prepare a Reference Plan for the easements, at his expense, and shall contact the Legal Services Branch for the preparation of the easement agreement. Such a Reference Plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys	Ottawa (PTE)
46.	The Owner agrees to the following conditions prior to receiving Building Permits: · Prior to placement of Granular, "A" road bedding, the Owner shall acquire approval of the City to ensure that Granular "B" materials are not contaminated. The above shall also apply prior to placement of base course asphalt as it relates to approval of the Granular "A" materials. · The Owner shall not demand of the City to issue, nor shall anyone claiming title from it or under its authority, demand of the City to issue, one or more building permits to construct any building or other structure on any lot or block on the Site until: i. All roads on the Site have been connected to a public street. ii. Access for fire fighting equipment has been provided to each building by means of a street or private roadway, which shall be designated and posted to the satisfaction of the Director, Planning and Infrastructure Approvals and Fire Chief iii. The access route has been surfaced with concrete, asphalt, or Granular "A" base capable of permitting accessibility under all climatic conditions and is continuously maintained so as to be immediately ready for use by the Emergency and Protective Services Department vehicles or any other vehicles in the event of an emergency. iv. The City has approved, where applicable, a site plan, a grading plan and a design plan for the proposed building or structure.	Ottawa (PTE)
	Sidewalks and Fencing
47.	The Owner agrees to design and construct, at no cost to the City, sidewalks to the specifications of the City of Ottawa in locations as noted within the subdivision agreement.	Ottawa (PTE)

	Land For Public Purposes
48.	That the Owner shall convey to the City, all lands required for public purposes, including but not limited to, reserves, road widenings, daylighting triangles, walkway blocks, open space blocks, lands required for parks or cash-in-lieu thereof and for storm water measures, to the satisfaction of the Director, Planning and Infrastructure Approvals.	Ottawa (PTE)
49.	The Owner agrees that any dead ends and/or open spaces of road allowances created by this plan of subdivision shall be terminated in 0.3meter reserves. This shall include a 0.3meter reserve along any temporary turning circle(s).	Ottawa (PTE)
50.	The owner agrees to provide a walkway block between Newland Drive and Blocks 1 and 3 to the satisfaction of the City.	Ottawa (PTE)
	Parkland/Cash-In-Lieu of Parkland
51.	The Owners agree to provide parkland at the rate of 1.2 hectares per thousand persons or 5 percent cash-in-lieu thereof in accordance with the Policy 9.8.1 of the former City of Nepean Official Plan.	Ottawa (CPS)
52.	The Owner acknowledges and agrees that it will pay cash-in-lieu of an otherwise required conveyance to the City, as required under the Planning Act, 1996 and as enacted by By-law 98 of 1996. The area of square metres of land is to be determined based on area and unit certification by an Ontario Land Surveyor. Valuation is to be determined by the City of Ottawa.	Ottawa (CPS)
53.	The Owner shall provide at its expense all required services (sanitary and storm sewers, water and hydro) to the lot line of each designated park in accordance with City specifications. The Works shall be carried out to the satisfaction of the Director, Planning and Infrastructure Approval.	Ottawa (CPS)
	Fire
54.	The owner agrees to the following: · That all fire hydrants must be fully operational prior to any structural framing and be maintained accessible and operational at all times. · Where no municipal hydrants are available the owner will provide alternate means of water supply for approval as required in Section 3.2.5.7 of the Ontario Building Code. · That public street access must be provided by a road complete with first lift of asphalt prior to combustible framing. Alternatively, at times of the year when asphalt plants are not operational, the MINIMUM road construction must be sub base with full depth base material, topped with granular “A” gravel OR within 2” of finished grade. · That, where Single Family Home Firebreak Lots are required, no construction is to proceed past the deck stage until the adjacent units are completed with exterior cladding, windows installed, and roof shingled. · The following are examples of the limits, which are to be applied: o On lots with 40 foot (12.192m) frontage or more, a maximum of six (6) homes are to be constructed without a “firebreak” of on (1) lot. o On lots with less than 40 foot (12.19m) frontage, a maximum of six (6) homes are to be constructed without a “firebreak” of (2) lots. · That the Fire Department shall provide a list of firebreaks for inclusion in the Subdivision Agreement (where applicable) That the Owner undertakes and agrees to provide and erect of affix, at its expense, such municipal number signs, illuminated or otherwise, in such locations and of such a size, design and colour as submitted to and approved by the Fire Chief of the City of Ottawa prior to occupancy of any building, or part thereof, in the subject development, and that any such numbering shall be visible from the street during both the day and night.	Ottawa (CPS)
	Schools
55.	The Owner shall inform prospective purchases through a clause on title that school accommodation pressures exist in the Ottawa-Carleton District School Board schools designated to serve this development, which are currently being addressed by the utilization of portable classrooms and/or by directing students to schools outside their community.	OCDSB
	Public Utilities
56.	The Owner shall by written notice to all telecommunication carriers and distribution undertakings regulated by the Canadian Radio-Television and Telecommunications Commission and operating within the City, and as specified by the City, provide the opportunity to install, repair and maintain equipment in a common utilities trench within all future road allowances, and up to but not interfacing with or connecting to, individual dwelling or commercial building units.	Utilities
57.	The Owner acknowledges and agrees to provide such easements which may be required for electrical, gas, telephone and cablevision facilities, to the satisfaction of the appropriate authority, and that the Owner shall ensure that these easement documents are registered on title immediately following registration of the final plan, and the affected agencies are duly notified.	Utilities
58.	The Owner shall coordinate the preparation of an overall utility distribution plan showing the location and installation, timing and phasing of all required utilities, including on-site drainage facilities and streetscaping.	Utilities
59.	The Owner agrees that, where the relocation or removal of any existing on site/adjacent utility facility, including, but not limited to, water, sewer, electrical, gas, telephone, and cablevision is required as a direct result of the development, the Owner shall pay the actual cost associated therewith to the satisfaction of the appropriate utility authority.	Utilities
	Archaeology
60.	The Owner shall adhere to the procedures of the “Contingency Plan for the Protection of Archaeological Resources in Urgent Situation” as approved by the Ministry of Citizenship, Culture and Recreation in the archaeological Resource Potential Mapping Study of the City.	City (PGM)
	Tree/Buffer Preservation
61.	The Owner agrees that prior to final registration, a Tree Planting and Conservation Plan and Environmental Impact Assessment are to be prepared to the satisfaction of the City of Ottawa and must clearly demonstrate how flora and fauna along the southerly lot lines of Blocks 1 and 3 are to be protected through the development process and respect the 10 metre landscaped buffer requirements of the Secondary Plan. The Owner shall abide by any mitigation measures outlined in these studies to protect the abutting natural environment during and after the development process.	Ottawa (PGM)
62.	The Owner agrees that special clauses may need to be inserted on title for Blocks 1 and 3 informing the purchasers that a 10-metre buffer zone is to be maintained in accordance with the recommendations of the Tree Planting and Conservation Plan and Environmental Impact Assessment.	Ottawa (PGM)
	Lighting
63.	The Owner agrees that all exterior lighting shall be designed and installed so as not to cause interference with adjacent roadways and neighbouring properties.	Ottawa (PWS)
64.	The Owner agrees that all street lighting and pathway lighting shall be designed and constructed in accordance with the City of Ottawa designs and specifications.	Ottawa (PWS)
	Condominium Developments and/or Private Streets
65.	The Owner agrees to insert in all Agreements of Purchase and Sale, to the satisfaction of the City, advising all prospective purchasers that the property is served by privately owned roads, sanitary sewers, storm sewers and watermain systems and that all maintenance of the privately owned roads and services are the responsibility of the Condominium.	Ottawa (PTE)
66.	The Owner shall register a Common Elements Agreement on Title, setting forth the obligations between the Co-Owners of the common elements for the operation and maintenance of the private roadways, sanitary sewers, storm sewers, and watermain system. The agreement shall be to the satisfaction of the City Solicitor.	Ottawa (Legal)
67.	The Condominium Corporation shall enter into an agreement with the City for the provision of maintenance services of the private watermains, private hydrants and private water services to the satisfaction of the City.	Ottawa (Legal)
	Canada Post
68.	The Owner shall: a. Inform all prospective purchasers, through a clause in all agreements of purchase and sale, as to those lots identified for potential community mailbox location(s) and shall indicate on all plans used for marketing purposes, the proposed location(s) for community mailboxes. b. Provide curb depressions at the community mailboxes location(s). These are to be 2m in width and no higher than 25mm. c. When a grassed boulevard is planned between the curb and sidewalk at the community mailbox location, the Owner shall install a 1.0 m walkway across the boulevard. The Owner shall ensure that the walkway is handicapped accessible from the roadway.	Canada Post
69.	The Owner agrees to provide a location plan of the Canada Post super mailboxes and OC-Transpo bus stops and to provide landscaping at these locations to the satisfaction of the City of Ottawa, in accordance with an approved landscaping plan.	Ottawa (PTE)
	Solid Waste
70.	The Owner may be required to provide a collect pad(s) for the solid waste and recycling containers of units fronting onto any private street, to the satisfaction of the City of Ottawa.	Ottawa (PTE)
71.	The Owner agrees to inform all prospective purchasers, through a clause in all agreements of Purchase and Sale, that individual curbside waste collection and/or recycling collection for properties fronting onto any private street may not be provided by the City of Ottawa, and that waste collection and/or recycling collection by the City for such properties may take place at common collection pad(s) provided by the Owner.	Ottawa (PTE)
	Survey Requirements
72.	The Plan of Subdivision shall be referenced, where possible, to the Horizontal Control Network, in accordance with the City requirements and guidelines for referencing legal surveys.	Ottawa (Surveys and Mapping)
73.	The Owner shall provide the final plan intended for registration in a digital format that is compatible with the City of Ottawa computerized system.	Ottawa (Surveys and Mapping)
	Financial Requirements
74.	A letter of credit in the amount of 100% of the value of construction must be posted to the satisfaction of the City of Ottawa, and all associated fees must be paid prior to the registration of agreement.	Ottawa (PTE)

	Development Charges
75.	The Owner acknowledges that another party may have provided roads and/or services to these lands, at the parties expense and that the Owner agrees to pay to the other party, a proportionate share of the costs to provide these roads and/or services. The City will require written proof from the parties that an agreement has been reached and/or that sufficient remuneration has been provided.	Ottawa (PTE)
	Zoning
76.	Prior to registration of the plan of subdivision, the City of Ottawa shall be satisfied that the proposed plan of subdivision conforms with a zoning by-law approved under the requirements of the Planning Act, with all possibility of appeal to the Ontario Municipal Board exhausted.	Ottawa (PTE)
77.	The Owner shall provide the City with an Ontario Land Surveyor certification of zoning by-law compliance for all lots/blocks.
	Closing Conditions
78.	At any time prior to final approval of this plan for registration, the City of Ottawa may, in accordance with Section 51 (44) of the Planning Act, R.S.O. 1990, amend, delete or add to the conditions and this may include the need for amended or new studies.	Ottawa (LEGAL)
79.	If the Plan of Subdivision has not been registered by March XX, 2010, the draft approval shall lapse pursuant to Section 51 (33) of the Planning Act, R.S.O. 1990.	Ottawa (LEGAL)
80.	The Owners agrees that prior to registration of the plan of subdivision, the City is to be satisfied that Conditions (1-93) have been fulfilled.	Ottawa (PTE)
81.	The Owner shall inform the purchaser after registration of each lot or block of the development charges that have been paid or which are still applicable to the lot or block. The applicable development charges shall be as stated as of the time of the conveyance of the relevant lot or block and the statement shall be provided at the time of the conveyance. The statement of the Owner of the applicable development charges shall also contain the statement that the development charges are subject to changed in accordance with the Development Charges Act, 1997 and the Education Development Charges Act.	Ottawa (PTE)

PLAN OF suBDIVISION APPROVAL- 400 PAUL MÉTIVIER DRIVE

LOTISSEMENT - 400, PROMENADE PAUL-MÉTIVIER

ACS2007-PTE-APR-0084 GLOUCESTER-SOUTH NEPEAN (22)

When commenting on this item the Ward Councillor, Steve Desroches, expressed the view it was important not to follow principles blindly, and he posited that a proposal for a pathway in this environment did not make sense. The Councillor further pointed out that this would be a one-way path that would not be well lit nor well monitored by the Pathway Patrol.

In response to a question from Councillor Diane Holmes, Mr. Dhaneshwar Neermul, Planner, indicated that Community and Protective Services’ Facilities Coordinator commented that pedestrians and cyclists are more encouraged to use pathways as these are considered safer. In addition, the City’s Human Services Plan calls for more connectivity between communities and offering safe routes for all traffic, including pedestrians.

Mr. Jerrold Corush, Hearts’ Desire Land Development Committee, spoke in opposition to the pedestrian link, noting that staff did not formally consult the community on this issue. He went on to say that a 10 metre buffer zone was established and enshrined to keep the community intact. Mr. Corush postulated that the community would be well served when Woodroffe Avenue gets downgraded to a street once closed at Prince of Wales Drive. This will also allow pedestrian access to the Jock River and to the Hearts’ Desire forest. Mr. Corush concluded his presentation by stating that the link was not warranted by, and in conflict with, the City’s Official Plan.

Responding to Councillor Gord Hunter’s question, Mr. Corush indicated that Minto’s original site plan had not contained a pedestrian link but had contained a buffer zone to protect the community in Hearts’ Desire. He added, in reply to Councillor Desroches’ query, that people use the woods as well as Ryerson Park, in the heart of the community, for pedestrian access.

The Committee received a copy of a letter from Brian Finch and Teresa Rodrigues, residents of Hearts’ Desire, expressing their strong support for the staff position on the path from Newland Drive into the new community to the north. A copy of this letter is on file with the City Clerk.

Councillor Desroches proposed to move a Motion calling for the deletion of certain blocks and conditions from the draft plan of subdivision.

Councillor Holmes said she could not support this approach. She pointed out that many developers feel their houses will be reduced in price by the action of people walking by them. She pointed out that members of Council have criticized staff for not putting the principles of the Official Plan in operation, and she expressed the view that a pedestrian pathway would provide better and safer access to the community.

Councillor Clive Doucet advised that the proposed pedestrian pathway is close to the south of the community as opposed to forcing people to Woodroffe Avenue. He also commented on the lack of pedestrian links in communities generally.

Councillor Desroches thanked the community for appearing before the committee. He pointed out that there will be other alternatives, and he reiterated the importance of evaluating whether principles work at the community level.

Moved by S. Desroches

Be it resolved that Planning and Environment Committee Agenda 6, Item 11 (Plan of Subdivision Approval-400 Paul Metivier Drive) Recommendation 1 be amended by the addition of the words “as amended by” at the end of the recommendation and the addition of the following:

a) The deletion of Block 2 on the draft plan;

b) The deletion of condition 50; and

c) That Blocks 1 and 3 be increased in width in respect of the deleted Block 2.

CARRIED

YEAS (6): J. Harder, G. Hunter, B. Monette, S. Qadri, S. Desroches, P. Hume

NAYS (3): C. Doucet, P. Feltmate, D. Holmes

The Committee then approved the report recommendations, as amended by the foregoing :

That Planning and Environment Committee recommend Council:

1. Approve the draft plan of subdivision for Blocks 1, 2 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2 and subject to the conditions attached as Document 4, as amended by:

a) The deletion of Block 2 on the draft plan;

b) The deletion of condition 50; and

c) That Blocks 1 and 3 be increased in width in respect of the deleted Block 2

2. Authorize the Director of Planning and Infrastructure Approvals to grant approval for the proposed Draft Plan of Subdivision pertaining to Blocks 1 and 3, being Part of Lots 13, 14 and 15 Con. 2 (R.F.), as shown on Document 2.

CARRIED