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Report To: Planning and Development Committee
Date of Meeting: March 18, 2024 Report Number: PDS-013-24
Submitted By:
Reviewed By:
Authored by:
File Number:
Report Subject:
Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Mary-Anne Dempster, CAO Resolution #: PD-018-24, C-032-24
Nicole Zambri, Senior Planner
ZBA2024-0001 By-law #:
Removal of Holding – 499 Port Darlington Road, Bowmanville (Aquaview)
Recommendation:
1.That Report PDS-013-24, and any related delegations or communication items, be
received.
2.That the rezoning application submitted by Bowmanville Lakebreeze East Village Ltd.
for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville , be
refused by Council, as conditions related to the removal of the Hold have not been
completed.
3.That all interested parties listed in Report PDS-013-24, and any delegations be advised
of Council’s decision.
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Report Overview
This report provides background information on the Holding symbol that was put in place on
the subject lands. It also recommends refusal of the request to remove the Holding symbol.
The conditions to lift the Holding symbol specific to the subject lands, in which both parties
agreed to, include:
A site plan agreement for Block 2 of S-C-2002-002 has been executed with the
Municipality of Clarington; and
Council of the Municipality of Clarington has approved budgeting for the expenditure
of funds for the infrastructure required to support Block 2 of S -C-2002-002.
The related Official Plan Amendment, Zoning By-law Amendment and Subdivision
applications were originally denied by Council in the fall of 2008 as it was determined that
the development was premature on the basis that the development would accelerate growth
beyond the Municipality’s ability to service the subject lands. Council’s de cision was
subsequently appealed to the Ontario Municipal Board (OMB), now known as the Ontario
Land Tribunal.
As a result of the appeal, a settlement was reached in 2010 which implemented the Holding
provisions for the subject lands. Conditions for the draft plan of subdivision subsequently
followed in 2012 and were later amended in 2016.
The main issue to resolve for this development to proceed is for the Owner to fulfill their
obligation that was agreed to as part of the OMB decision regarding the impro vements that
are necessary for emergency evacuation and emergency access to the residential units in
this area. The applicant hired TYLin to prepare an Emergency Response and Evacuation
Study to closely examine the potential risks with the increase in population from the
proposed development and argues that the need is no longer warranted. Clarington hired
Dillon Consulting to peer review the findings. The peer review supports Staff’s
recommendation and does not recommend the Municipality change their position to have
those improvements made based on what the applicant’s consultant provided.
The analysis prepared by TYLin does not provide a comparison to show the response and
evacuation times if improvements were made and demonstrates that if the development
were to proceed, it would add an estimated 45 minutes to the evacuation time.
To support more units in the Port Darlington Area, significant improvements at Lambs Road
would be needed for a two-way underpass, which would require a temporary bridge for the
two rails while improvements are made to the existing bridge or possibly an overpass at
Bennett Road. Both scenarios are estimated to require significant financial expenditures.
The proposal is premature until the infrastructure required to ensure the safety of the
residents and an effective road system is built.
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1. Application Details
1.1 Owner/Applicant: Bowmanville Lakebreeze East Village Ltd.
1.2 Proposal: To Amend Zoning By-law 84-63 to remove the Holding symbol at 499 Port
Darlington Road, Bowmanville to allow the development to proceed.
1.3 Area: 5.5 acres (2.23 ha)
1.4 Location: 499 Port Darlington Road, Bowmanville (see Figure 1). Also referred to as
Block 2 in the original draft approved plan of subdivision and Block 16 in registered plan
40M-2614.
1.5 Roll Number: 1817-010-010-02320
1.6 Within Built Boundary: Yes
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Figure 1 – Site Location and surrounding area
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2. Background
2.1 The subject site is a 2.23 ha parcel of land located just east of Lambs Road and north of
Port Darlington Road. The subject lands are within a larger plan of subdivision (SC-
2002-0002) which is bounded by CN Rail to the north, East Shore Drive to the west,
Bennett Road to the east and Lake Ontario to the south.
2.2 There are three existing roads currently providing access to the site. East Shore Drive
provides access on the west side. Bennett Road provides access on the east side.
Lambs Road provides access to the middle of the neighbourhood. Due to the narrow
underpass at Lambs Road, this road is unacceptable for a main site access, although
some improvements have been made over the years, including modifications to
accommodate Clarington’s largest emergency response vehicles. The Clarington
Emergency Services Department had previously expressed concerns that train traffic on
the level crossings on East Shore Drive and Bennett Road could cause extended
response times to the proposed development.
2.3 The Port Darlington Secondary Plan Area contains approximately 650 units. The subject
lands propose an additional 270 units. There are also other development sites within the
Port Darlington Neighbourhood that have not come forward with a development
application but have the potential for higher density developments. It is estimated that
an additional 500 units can be accommodated on those lands. This would total
approximately 1,500 units in the Port Darlington Area at full build out, which is
approximately 2,500 to 3,000 people.
2.4 The CN Kingston rail corridor is also a major transportation route for the movement of
goods and is vital to the economy. CN has provided information about the freight line
and has indicated that trains can be up to 4 km in length which has the potential to block
both crossings at East Shore Drive and Bennett Road which are 2.6 km apart. On
average, trains can travel up to 100 km/hour, with an average of 40 trains per day on
this line. Trains cannot block a public grade crossing for more than five minutes,
however that does not apply to moving trains, which vehicles, including emergency
vehicles, would be required to stop for. In the event of an emergency, seconds count
and any potential delays, could result in catastrophic events.
2.5 Given the existing conditions, there are several scenarios that could result in a delayed
emergency response to the area or an increase in evacuation time that would put
residents’ safety at risk. Adding more units to the area would only increase that risk
further by increasing the number of incidents or people requiring an emergency
response, or by adding time to the evacuation. Not to mention, increasing potential
incidents or accidents with the freight trains that could arise from the increase in traffic
to the area. However, with one fully improved grade separation at the tracks, this could
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have the potential to be the main access into the Neighbourhood in the event of an
emergency and significantly improve response times and evacuation times.
History of Applications
2.6 The related Official Plan Amendment, Rezoning and Subdivision applications were
submitted in 2002 by Sylvan Estates Inc. and Bennett Developments Inc. The Port
Darlington Land Corporation took over the applications in 2005 as the new owners of
the property. The application was largely inactive during that time, but the proponent
wished the file to remain open. A recommendation report was brought forward in 2008
and denied by Council as it was determined that the development was premature on the
basis that the development would accelerate growth beyond the Municipality’s financial
ability to service the subject lands. Council’s decision was subsequently appealed to the
Ontario Municipal Board (OMB), now known as the Ontario Land Tribunal.
2.7 Through negotiations, the applicant revised the proposal which was brought forward to
a Public Meeting in front of the Clarington General Purpose and Administration
Committee in early 2010. The applications were treated as a major revision to the
original 2002 applications. Staff again recommended denial of the applications, which
was supported by Council. Several reasons were listed in the recommendation to
support the denial, one being that the proposed development should not proceed
without acceptable grade separation at the CN railway to access the subject lands.
2.8 It was also recommended that Council authorize staff to “vigorously’ defend Council’s
decision and that staff hire consultants to assist in defending the decision at the OMB.
The OMB continued to hold the appeals on the original decision by Council and
scheduled a hearing in September of 2010, if the parties were unable to resolve the
issues.
2.9 Both parties reached a settlement in September of 2010, however the OMB order was
pending until both parties negotiated the final conditions of the draft plan approval. Final
conditions of draft plan approval for the subdivision were approved by the Board on
February 2, 2012, and later amended in 2016. Among the conditions were items related
to major infrastructure improvements as the Municipality of Clarington was concerned
with development occurring in this neighbourhood in advance of improvements to the
CN Rail line crossing, among other matters.
2.10 Upon the Consent of the Parties and pursuant to subsection 51(56.1) of the Planning
Act, the Municipality of Clarington shall have the authority to clear the conditions of draft
plan approval and to administer final approval of the plan of subdivision for the purposes
of subsection 51(58) of the Act.
2.11 The OMB settlement in 2010 implemented the Holding provisions for the subject lands,
in which both parties agreed that development cannot proceed on the subject land s until
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Clarington has approved the expenditure of the funds for the infrastructure required to
support Block 2 (the subject lands). The conditions in 2012 and 2016 also reiterated the
same.
2.12 The Owner has prepared an Emergency Response and Evacuation Study to support
their argument that the grade separation crossing to provide access to the Port
Darlington area is no longer needed in order to support Block 2.
2.13 After further review, Staff continue to uphold the public safety concerns previously
expressed. There is limited access to the Port Darlington Area and allowing further
development to proceed without the proper infrastructure in place to support the
increase in density puts existing residents at risk in the event of an emergency.
Related Site Plan Application
2.14 On July 21, 2020, Bowmanville Lakebreeze East Village Ltd. submitted a site plan
application (SPA2020-0014) for a 270-unit condominium development comprising of 5
buildings, underground and surface parking, and private amenity space within the Port
Darlington Neighbourhood. Proposed heights range from four to six storeys.
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Figure 2 – Proposed Site Plan
2.15 There have been a number of reviews and resubmissions for the site plan application,
as well as meetings with Staff to resolve some of the issues related to the application.
The main issue being inadequacy of the existing infrastructure to support ingress and
egress at the CN rail crossings to improve emergency evacuation and emergency
response to the Port Darlington area.
2.16 As part of the site plan review, Staff retained Dillon Consulting to complete a peer
review of the Emergency Response and Evacuation Study that was submitted in
support of the application and prepared by TYLin. The report was prepared to assess
the adequacy of existing infrastructure to accommodate the ingress and egress of
emergency vehicles, as well as resident evacuation in the event of an emergency. The
study examined the existing access roads and estimated emergency service response
times and evacuation times. Further details on the findings of the study and the peer
review are in Section 7 of this report.
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3. Provincial Policy Interest
3.1 The Planning Act contains a section on matters of Provincial Interest in which council of
a municipality shall have regard to when carrying out their responsibilities under this
Act, such matters specific to this application include:
the adequate provision and efficient use of transportation systems;
the orderly development of safe and healthy communities;
the protection of the financial and economic well-being of the Province and its
Municipalities;
the protection of public health and safety;
the appropriate location of growth and development;
3.2 Development of land which may cause safety concerns shall be avoided. There are onl y
three vehicle access points to the community, two of which have at grade rail crossings
and one which cannot accommodate two-way traffic trough the underpass. In the event
that Bennett Road and East Shore Drive are blocked, the Lambs Road underpass is
unsuitable for use as a main site access. The replacement of the structure is needed in
order to allow for proper access to the area. Funding for the improvements would have
to come from development charges or upfronted by the Owner to advance the project
ahead of schedule.
Provincial Policy Statement, 2020
3.3 The Provincial Policy Statement also contains policies related to public health and
safety. Within settlement areas, appropriate development standards should be
promoted which facilitate intensification, redevelopment, and compact form, while
avoiding or mitigating risks to public health and safety. The proposal has the potential
for major risk to public health and safety given the limited access to the Port Darlington
Neighbourhood and the potential for access to be blocked. In the event that the
crossings are blocked, reliance would be on the Lambs Road underpass, which is
insufficient.
4. Clarington Official Plan
4.1 Policy 23.6.6 of the Clarington Official Plan indicates that the Municipality may declare a
residential draft plan of subdivision to be premature and recommend that it not be
approved if any of the following circumstances apply:
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a) The plan does not implement the principles contained in Section 23.6.3;
b) The municipal wide non-residential assessment is less than 15 percent of total
assessment;
c) The capital works and services required to service the lands and the future residents
are not within the Municipality's current capital budget or 10-year capital works forecast
as updated from time to time; or
d) The Municipality is of the opinion that the Municipality's administrative and financial
resources are not sufficient to provide an adequate level of services for those residents
who would be accommodated in the proposed plan of subdivision as well as to provide
and maintain an adequate level of services for existing residents and residents who will
live in developments which have been approved by the Municipality.
4.2 The Clarington Official Plan also contains policies related to the Removal of Holding
Provisions as required under the Planning Act in order to impose such conditions and
the use thereof.
4.3 Policy 23.4.3 states that Holding provisions may be used to ensure, that prior to
development or redevelopment, the following matters have been address ed and
approved to the satisfaction of the Municipality:
a) Services and municipal works including roads;
b) Measures to protect natural areas;
c) Measures to mitigate the impact of development;
d) Submission of technical studies;
e) In a Waste Disposal Assessment Area, the matters referred to in Sections 3.7.12
to 3.7.15;
f) Execution of appropriate agreements; and/or
g) Any other requirements as may be deemed necessary by the Municipality
including the implementation of the policies of this Plan.
4.4 In the case of the subject lands, the improvements to the road network to facilitate the
development have not been improved to a level that satisfactorily addresses safety
concerns for the future residents. In the event of an emergency, and as discussed later
in this report, the development of these lands triggers the need for the major
infrastructure improvements (grade separation crossing) to ensure emergency vehicles
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can respond in a timely matter, and that residents can evacuate, in the event that the at
grade crossings at either Bennett Road or East Shore Drive are blocked.
4.5 Further to this, in accordance with f) of the Removal of Holding policies, the site plan
agreement has not been executed, nor have the appropriate securities or any payments
been received by the Municipality which would allow the removal of the Hold. This is a
typical requirement in order to lift a Hold on a site which requires site plan approval, and
which has not been completed by the Owner.
5. Port Darlington Secondary Plan
5.1 The Municipality of Clarington has been concerned with development occurring in this
neighborhood for some time, mainly because of the at grade vehicle crossings at the
CN Rail line. East Shore Drive and Bennett Road are the only fully accessible, public
access points to the area. Lambs Road is a grade separated crossing; however it has
not been fully improved to allow for two-way access in accordance with Municipal
standards. This is reflected in the policies of the Port Darlington Secondary Plan:
5.2 “5.5 New residential development in the Port Darlington Neighbourhood shall proceed in
a phased manner which ensures timely completion of public infrastructure to meet the
needs of residents and the Municipality, including the required grade separations for
public roads crossing the CNR mainline.” and
“11.2 The Municipality will undertake, in cooperation with other agencies and
landowners, the eventual construction of grade separated crossing of the CNR rail lines
at Liberty Street and at Lambs Road. As an interim measure the Municipality may
consider the feasibility of constructing an at-grade crossing of the CNR rail lines at
Liberty Street and eliminate the at-grade crossing at Port Darlington Road (now East
Shore Drive).”
5.3 A key policy of the Secondary Plan is to ensure that development proceeds in a phased
manner which ensures the timely completion of public infrastructure to meet the needs
of residents and the Municipality, including the required grade separations for public
roads crossing the CNR mainline. The grade separated crossing is not only required for
this specific development but also for other redevelopments contemplated in the Port
Darlington Neighbourhood such as the marina lands and the site immediately to the
west of the subject lands, which is also part of Block 2 in the subdivision draft plan.
5.4 Following the appeal of the Municipality’s decision to deny the application s, both parties
came to a resolution to allow limited development until significant municipal
infrastructure improvements occurred. Condition 27 of the Conditions of Draft Approval
from 2012 reads as follows:
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“Development of any portion of the lands owned by the Owner within the Port Darlington
Neighbourhood Secondary Plan area beyond Phase 1 will trigger the need for
significant municipal infrastructure. The Owner shall agree within the Subdivision
Agreement that development beyond Phase 1 shall not proceed until arrange ments
satisfactory to the Municipality in its sole discretion acting reasonably have been made
for the delivery of such infrastructure. Full development of the draft plan will require all
external accesses to be constructed. The specific lots available for building permits in
any single phase of the development will be at the discretion of the Director of
Engineering Services.”
5.5 Phase 1 is understood to be Block 1 of the Draft Approved Plan of Subdivision , which
has now been developed. Blocks 2 and 3 were zoned with a Holding (H) prefix subject
to condition 27 above.
5.6 The amended conditions, condition 37 also states:
“Development of Block 2 (426 high density units) will trigger the need for significant
municipal infrastructure. The Owner shall agree within the Subdivision Agreement that
development of Block 2 shall not proceed until arrangements satisfactory to the
Municipality in its sole discretion acting reasonably have been made for the delivery of
such infrastructure. Full development of the draft plan will require all external accesses
to be constructed. The specific lots available for building permits in any single phase of
the development will be at the discretion of the Director of Engineering Services.”
5.7 A Secondary Plan Amendment and amendment to Draf t Approval is required for the
proposed development on Block 2. Similarly a Secondary Plan Amendment is required
for the Marina redevelopment. This must all be considered comprehensively. Condition
27 of the original Draft Approval permitted in essence 658 units prior to triggering “the
need for significant municipal infrastructure”, namely the upgrade of the Lambs Road
underpass or Bennette Road overpass.
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Figure 3- Draft Plan Showing High Density Block 2
6. Zoning By-law
6.1 The Subject lands are zoned “Holding - Urban Residential Exception (H)R4-31”. The
R4-31 states the following, among other zoning specific provisions:
6.2 “The (H) Holding Symbol shall only be removed from the “Holding –Urban Residential
((H)R4-31) Zone as follows:
i) At such time, a site plan agreement for Block 2 of S-C-2002-002 has been executed
with the Municipality of Clarington; and
ii) At such time Council of the Municipality of Clarington has approved budgeting for the
expenditure of funds for the infrastructure required to support Block 2 of S-C-2002-
002.
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6.3 At this time, both conditions to remove the Hold on the subject lands as outlined above
have not been met.
6.4 Kaitlin Group has obtained TYLin to prepare an Emergency Response and Evacuation
Study to support the development of Block 2 and to demonstrate that the development
could proceed with access provided by existing two-level crossings at Bennett Road
and East Shore Road and the one lane grade separation of the railway at Lambs Road.
This was done with the intent of revising or deleting the referenced condition to allow
development on all or a portion of Block 2 to proceed without further work to the existing
railway crossings.
6.5 The Study has been peer reviewed by Dillon Consulting and Clarington Staff continue to
express significant concerns with the fact that the two-level crossings could be
compromised, leaving the single lane of traffic at Lambs Road as the only primary
access to the area. The single lane grade separation does not provide adequate egress
and ingress in the event of an emergency.
7. Emergency Response and Evacuation Study
7.1 TYLin was retained by the applicant to prepare an Emergency Response and
Evacuation Study to assess the existing and future conditions of the at grade crossings
at East Shore Drive and Bennett Road, and the single lane grade separation at Lambs
Road under alternative scenarios of possible blockages of the at -grade crossings. The
future conditions included the anticipated impacts of the additional household units of
the proposed development.
7.2 The TYLin report concluded that the existing infrastructure was adequate, but staff still
have significant concerns.
7.3 As part of the study the TYLin report suggested two alternative evacuation routes, one
through the private development of the Wilmot Creek and the other through St. Mary’s
site.
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Figure 4– Excerpt from Emergency Response and Evacuation Study
7.4 The proposed access route through Wilmot Creek is gated (locked), more circuitous and
results in longer response times. It also may not be available depending on the nature
of the blockage at Bennett Road due to the proximity of the access path to the rail line
(just 30 metres south). The access path is only wide enough for a single lane of traffic,
so it is not practical to use the route for both evacuation and inbound emergency
response vehicles. There is also the issue of maintaining the route for vehicular access,
particularly in winter.
7.5 The route through St Mary’s is significantly more circuitous for emergency access
vehicles, impacting response times. In addition, the route goes through the active
operations area of the St. Mary’s site. The proponent acknowledges that
consent/agreement to use this route would be required, which is not currently in place.
An agreement would be required to ensure that safe and efficient operations is even
possible.
7.6 The TYLin report discusses an option of using two outbound lanes for the approximately
5.5 metres underpass of the CN Rail line on Lamb’s Road to speed up the evacuation
time. This underpass is not up to municipal standards for two travel lanes and many
drivers may not be comfortable with such narrow lanes through a tunnel, particularly in
an evacuation scenario. The risk of an incident could make evacuation times worse.
Alternatively, drivers might slow down, such that the flow rate would be reduced, and
the capacity would be restricted anyway.
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7.7 None of the alternative evacuation routes or options proposed are acceptable to Staff.
7.8 The TYLin report indicated that evacuation of the area would take approximately 3.5
hours continuously operating Lambs Road as a single lane northbound, for the scenario
where both Bennett Road and Port Darlington Road are blocked. The analysis also
shows that the proposed site traffic increases the evacuation tim e of the area by
approximately 45 minutes. This is a very real impact resulting from the proposed
development.
7.9 The proponent was asked to consider the number of inbound vehicles that would be
required to aid in the incident response and the evacuation (e.g., police, fire,
ambulance, public works, and transit) during a major incident. These vehicles would
compete for the single lane capacity during a major incident and would have a
significant impact on the 3.5-hour evacuation time calculated, which is based on
continuous northbound operation for evacuation. This was not done, and the full
evacuation time is not known.
7.10 In discussing the scenario where both Bennett Road and East Shore Drive are blocked
the TYLin report suggests the probability of such an incident is very low. What the
municipality needs to consider is the risk (i.e., probability times consequence), however
low the probability, and the added risk of permitting additional development without an
improved/new grade-separated access to the area south of the rail line.
7.11 Staff have also continued to ask for an analysis to compare the evacuation and
emergency response times presented in the TYLin report against the response and
evacuation times if the full-grade separation improvements were made at either Lambs
Road or Bennett Road. To date, the applicant has still not provided this comparison.
7.12 The Municipality of Clarington was concerned with permitting this development from
proceeding prior to the construction of an improved/new grade-separated crossing of
the CN Rail line. The terms of reference for the emergency response and evacuation
study were drafted to provide the municipality with a better understanding of the risk of
permitting this prior to the construction of the grade separation. Some of this information
has been provided, but based on some of the remaining concerns and the impacts
documented, Staff recommend not changing that position. Adding more development
adds more risk and potential liability to the Municipality.
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Figure 5 - Bennett Road At Grade Rail Crossing
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Figure 6 - Lambs Road Underpass
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Figure 7- East Shore Drive at Grade Crossing
8. Department and Agency Comments
Clarington Emergency and Fire Services
8.1 Clarington Emergency and Fire Services (CEFS) is supportive of the installation of a
grade separation crossing to ensure emergency vehicles can respond to an emergency
south of the rail line in a timely manner and that residents can simultaneously evacuate
in the event that the grade crossings at either Bennett Road or East Shore Drive are
blocked by a stationary train.
8.2 Without the grade separation crossing, in the event that a train is stationary on the rail
line, CEFS may have to rely on the Lambs Road underpass as the only access point to
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the residential neighbourhood south of the rail line. This access opening currently
permits the largest vehicle in the CEFS fleet to drive through on a dry road with no ice
or snow build up with approximately 1 to 2 inches of clear spare between the truck and
the underpass structure.
8.3 Should a significant emergency event take place in this area including a train
derailment, or house fire, CEFS will be dispatching multiple trucks and crews to
respond. To have six or seven trucks access these subdivisions through the Lambs
Road underpass while the single lane is being used by the public to evacuate, and by
other first responder and support agencies including Durham Region Police Services,
Region of Durham Paramedic Services, Gas and Hydro technicians, Durham Social
Services, Ministry of the Environment and associated clean up crews, etc . will be a
challenge for CEFS to navigate without experiencing significant response delays.
Clarington Engineering
8.4 The reconstruction of the Lambs Road grade separation is included in the current
Development Charge Study and tentatively scheduled for construction in 2030. The
estimated construction value is just over $15 million.
8.5 At the same time, the Municipality is in discussions with MTO regarding a proposed
Lambs Road interchange at Highway 401. The Municipality completed a Feasibility
Study in the Fall of 2023, which supported the proposed Interchange. This Study was
recently presented to senior MTO staff for review and comment in December 2023. The
reconstruction of the grade separation at Lambs Road should be implemented in
conjunction with the Lambs Road interchange at Highway 401.
Figure 8 – Grade Separation Reconstruction/Level Crossing Improvements
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9. Discussion
9.1 Currently, the Deputy CAO of Planning and Infrastructure Services has been granted
delegation authority to approve the removal of Holds, however, in this case, and given
the complexities of the matter in terms of financial expenditures needed to make the
improvements to facilitate the development, Staff have brought forward this report to
outline the possible implications if improvements are not made and for Council to
provide direction and a decision on the matter.
9.2 The removal of holding request has been brought forward by Bowmanville Lakebreeze
East Village Ltd. The conditions contained in the Hold provisions as well as the
subdivision have not been met. Furthermore, any changes proposed to such conditions
would also require an amendment to what was originally agreed upon by both parties,
as well as an amendment to the Port Darlington Secondary Plan .
9.3 The Clarington Official Plan also identifies the existing and proposed grade separations
at the CN rail line at Bennett Road, Lambs Road, and East Shore Drive, which are all
within the Port Darlington Neighbourhood. The two proposed grade separation
crossings at East Shore Drive and Bennett Road were identified to facilitate the
development within the Port Darlington Area and the Lambs Road underpass
improvements to a full two-lane traffic right of way is within the current Development
Charges Background Study.
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9.4 Currently, the Plan shows proposed grade separation crossings at East Shore Drive
and at Bennette Road. It also shows the existing grade separation at Lambs Road.
Future development opportunities within the neighbourhood must be examined
comprehensively through the Secondary Plan process prior to allowing further
development beyond Block 1 (existing residential area).
9.5 The Lambs Road underpass is an integral part of the Port Darlington neighbourhood
development, given the central location and connection to a future interchange at the
401. Staff have continuously expressed concerns with the existing transportation
infrastructure in the area and consistently indicated that these issues need to be
resolved prior to further development in the area. It is also im perative that the proposed
interchange at Lambs Road be finalized with MTO before the release of expenditures
for the railway crossings at either Lambs Road or Bennett Road. It is evident that
improvements to the grade separations and level crossings are r equired to facilitate this
development, and which was agreed to by both parties on several occasions.
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9.6 Staff have indicated in previous reports a number of serious issues relating to the
proposed development and the timing of the development. These issues relate to
transportation infrastructure and fiscal impacts. In one of the reports, it was stated that
the approval of any portion of this development is not supported , given that once an
initial phase of units is approved, there would continue to be pressu re to extend the
development. Staff have also expressed concerns regarding pedestrian access through
the CN railway underpass at Lambs Road.
9.7 The specific recommendations in report PSD-064-10 state that the basis for the denial
of the applications included the proposed development is premature and would impose
an undue financial burden upon the Municipality having regard to other planned
developments in the Municipality and that the proposed development should not
proceed without acceptable grade separation at the CN railway to access the subject
lands. The alternative would be to require the developer to pay for the necessary
improvements, including a grade separation.
9.8 To split Block 2 to allow part of it to develop not knowing what can be supported on the
balance of the site in terms of units, density and access would also appear premature.
Not to mention the other sites within the neighbourhood that also have potential for
redevelopment, such as the marina lands. Allowing proposals, specifically, higher
density proposals, that greatly increase the number of units in the area, may
significantly compromise the existing situation and increase the risk in the event of an
emergency response scenario. This could potentially endanger the lives of the existing
and future residents in this neighbourhood.
9.9 The development is considered premature until the Municipality has approved the
expenditure of funds for any external works necessary to service the development,
which have been included in the Municipality’s Development Charge By-law and have
been deemed necessary.
10. Financial Considerations
10.1 The 2020 DC Study included $15.0 million for a Lambs Rd. grade separation at the
CNR crossing. This project was estimated to occur in 2030. Since the 2020 Study was
completed, the Municipality has seen significant inflationary pressures on capital
projects which may result in amendments to the anticipated costs of the grade
separation. The 2024/25 DC Study will revise the costs, timing and possible location
based on up to date forecasted information.
10.2 Based on the number of projects identified in the 2020 DC Study for road related works,
there are a total of 209 projects, with 39 scheduled in 2030/31. This project is not
currently within the five-year plan for capital investment priorities and the Municipality is
not anticipating expending the funds for this project within the next five years.
Municipality of Clarington Page 24
Report PDS-013-24
10.3 Moving this project earlier than anticipated would require delaying other DC related
projects and/or taking on debt (at a time where debt is relatively more costly) to provide
financing for the project.
11. Strategic Plan
11.1 The proposed development has been reviewed against the three pillars of the
Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications,
the creation of growing resilient, sustainable and complete communities and connecting
residents through the design of safe, diverse, inclusive and vibrant communities. One of
the priorities is to create connected communities through proactive transportation
management. If the decision is made to advance the DC item related to the grade
separation ahead of schedule, this could potentially jeopardize other housing related
projects within the community.
11.2 It also prioritizes growing responsibly. Under this pillar, the enhancement of Clarington’s
waterfront is a priority, which includes completing the waterfront strategy and prioritizing
the recommendations. Improvements for a safe access to the area would certainly
enhance Clarington’s waterfront area. However, until the waterfront strategy is
completed, any decisions regarding major infrastructure expenditure related to this area
in advance of the final plan, could potentially jeopardize the long -term plans for the
area. Further, allowing the development to proceed without t he required safe ingress
and egress to the area would not be responsible growth development and could further
aggravate the safety and access to the area, putting more residents and users of the
area at risk.
11.3 The proposal conforms with Clarington’s Strategic Plan.
12. Concurrence
12.1 This report has been reviewed by the Deputy CAO , Finance and Technology/Treasurer
who concurs with the information.
13. Conclusion
13.1 In consideration of all comments and conditions to remove the Hold symbol, it is
respectfully recommended that the application by Bowmanville Lakebreeze East Village
Ltd. to amend Zoning By-law 84-63 to remove the Hold symbol at 499 Port Darlington
Road, be refused until all the conditions of the subdivision and Holding provisions are
satisfied and until site plan approval has been issued, including the associated
conditions. The proposal is premature until the infrastructure required to ensure the
safety of the residents and an effective road system is built.
Municipality of Clarington Page 25
Report PDS-013-24
Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or
nzambri@clarington.net .
Attachments:
Attachment 1 – OMB Decision September 2010
Attachment 2 – OMB issued Conditions of Draft Approval 2012
Attachment 3 – OMB issued Conditions of Draft Approval 2016
Attachment 4 – Letter from CN Rail
Interested Parties:
The following interested parties will be notified of Council's decision:
Devon Daniell, Kaitlin Corporation
Claudio Covelli, Dillon Consulting Limited
PL081621
Port Darlington Land Corporation has appealed to the Ontario Municipal Board under
subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal
or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington
to adjust the road pattern, distribution of land uses and housing targets within the Port
Darlington Neighbourhood Secondary Plan, on lands municipally known as 100 Bennett Road,
2765 South Service Road and 130 East Beach Road, (Part of Lots 5, 6, 7 & 8, Broken Front
Concession, Former Township of Darlington), in the Municipality of Clarington and currently
designated as Waterfront Greenway and Urban Residential with a District Park on the Lake
Ontario shoreline at the mouth of the Bennett Creek and Environmental Protection Area
(Approval Authority File No. COPA 2002-006)
OMB File No. PL081621
Port Darlington Land Corporation has appealed to the Ontario Municipal Board under
subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s
refusal to enact proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington
to rezone lands respecting 100 Bennett Road, 2765 South Service Road and 130 East Beach
Road (Part of Lots 5, 6, 7 & 8, Broken Front Concession, Former Township of Darlington) from
"(A) Agricultural" and "(EP) Environmental Protection" to appropriate zones (R2A, R3A, R3B,
R4B, C2, P3, P6, EP and OS1) to implement the proposed 699 unit plan of subdivision
OMB File No. PL081519
Port Darlington Land Corporation has appealed to the Ontario Municipal Board under
subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the
Municipality of Clarington to refuse approval of a proposed plan of subdivision on lands
composed of Part of Lots 5, 6, 7 & 8, Broken Front Concession, Former Township of Darlington
(Approval Authority File No. S-C-2002-002)
OMB File No. PL081577
APPEARANCES:
Parties Counsel
Port Darlington Land Corporation C. Barnett & A. Alyea
Municipality of Clarington A. Allison
Ontario Municipal Board
Commission des affaires municipales de l’Ontario
ISSUE DATE:
Sept. 21, 2010
Attachment 1 to
PDS-013-24
- 2 - PL081621
DECISION DELIVERED BY M. A. SILLS AND PARTIAL ORDER OF
THE BOARD
________________________________________________________
Port Darlington Land Corporation (Applicant/Appellant) has appealed the
decisions of the Council of the Municipality of Clarington to not approve its applications
for an Official Plan Amendment, Zoning By-law Amendment and draft plan of
subdivision.
The lands which are the subject of these applications are composed of Lots 5, 6,
7 and 8, Broken Front Concession in the former Township of Darlington. The Applicant
proposes to develop these lands into a residential subdivision consisting of
approximately 850 dwelling units, consisting of single detached, semi-detached,
townhouse and apartment units.
At the commencement of the hearing, the Board was informed that the Parties
had reached a settlement of this matter in accordance with provisions as set out in the
duly constituted Minutes of Settlement (Exhibit 1).
Mr. Don Wilkinson and Ms Carol Maher-Hawken had previously been granted
Participant status in this matter. Both were present at this Settlement Hearing and both
made a presentation to the Board with respect to their concerns regarding the
development proposal. Their concerns included the safety of the future residents of the
proposed subdivision and the potential for injury/loss of life, erosion of the
shoreline/bluffs, emergency vehicle access, and the potential liability and fiscal impact
to the Municipality. Ms Maher-Hawken was also concerned about the possi ble lack of
access to her own property. The Board notes, that as the proposed Settlement was
only approved by the municipal Council on the evening prior to this hearing, the
Participants have not had an opportunity to fully examine or acquaint themselves with
the conditions set out in the subject agreement.
Mr. Bryce Jordan, a registered professional planner and Member of the Canadian
Institute of Planners, provided expert opinion evidence in support of the settlement, on
behalf of the Parties. He told the Board that he has been involved in the processing of
this development proposal since 2001.
- 3 - PL081621
Mr. Jordan provided a detailed overview of the proposal and details of the
provisions of the agreement, which have led to the proposed settlement of this matter.
He told the Board that many of the concerns presented by the Participants had also
been issues of concern for the Municipality. In that regard, Mr. Jordan led the Board
through the Terms of Settlement which effectively resolve these issues to the
satisfaction of the Parties.
It was Mr. Jordan’s professional opinion that the proposal has regard for the
Provincial Policy Statement and represents good planning. The proposed amendments
to the Official Plan are minor in nature and conform to the intent and purpose of the
Region of Durham and Clarington Official Plans. Likewise, the proposed Zoning By -law
amendments represent appropriate development standards and are consistent with the
general intent of the local and Regional Plans. Mr. Jordan further opined that the
proposal meets the criteria set out in subsection 51(24) of the Planning Act.
The Board accepts the Minutes of Settlement and relies on the expert opinion
evidence of Mr. Jordan to find that the development proposal is appropriate and
constitutes good planning. I am satisfied that the conditions of the proposed Settlement
effectively address the concerns expressed by the Participants. The Board further finds
that the statutory requirements and the public interest have been satisfied.
THE BOARD ORDERS that the appeals are allowed in part and the Official Plan
for the Municipality of Clarington is modified as set out in Attachment 1 to this Order,
and as modified is approved. And further, Zoning By-law No. 84-63 of the Municipality
of Clarington is amended as set out in Attachment 2 to this Order. In all other respects,
the Board Orders that the appeal is dismissed.
The Board further approves the proposed draft plan of subdivision as set out in
Attachment 3, but will withhold its final Order pending receipt from the Parties of the
final conditions of draft plan approval.
Upon the Consent of the Parties and pursuant to subsection 51(56.1) of the
Planning Act, the Municipality of Clarington shall have the authority to clear the
conditions of draft plan approval and to administer final approval of the plan of
subdivision for the purposes of subsection 51(58) of the Act.
- 4 - PL081621
In the event that the Parties have not reached an agreement on the conditions of
draft plan approval within six weeks of the date of this approval, or if difficulties arise
with respect to final approval of the plan of subdivision, the Board may be spoken to
further.
In that regard, this Member is seized.
“M. A. Sills”
M. A. SILLS
MEMBER
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ATTACHMENT 1
- 6 - PL081621
- 7 - PL081621
- 8 - PL081621
- 9 - PL081621
- 10 - PL081621
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Attachment 2 toPDA-013-24
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant:
Subject:
Existing Designation:
Proposed Designated:
Purpose:
Property
Address/Description:
Municipality:
Approval Authority File No.:
OMB Case No.:
OMB File No.:
OMB Case Name:
Port Darlington Land Corporation
Request to amend the Official Plan - Refusal of request
by Port Darlington Land Corporation
Parkette, Environmental Protection; Waterfront
Greenway; District Park; Public Elementary School; Low
Density Urban Residential; Medium Density Urban
Residential; High Density Urban Residential
Parkette, Environmental Protection; Waterfront
Greenway; District Park; Public Elementary School; Low
Density Urban Residential; Medium Density Urban
Residential; High Density Urban Residential
To permit a 699 unit plan of subdivision
Part of Lots 5, 6, 7 and 8, Broken Front Concession,
100 Bennett Road, 2765 South Service Road and
130 East Beach Road
Municipality of Clarington
COPA 2002-0006
PL081621
PL081621
Port Darlington Land Corporation v. Clarington
(Municipality)
Ontario Municipal Board
Commission des affaires municipales
de l’Ontario
ISSUE DATE: April 7, 2016 CASE NO.: PL081621
Attachment 3 to
PDS-013-24
2 PL081621
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant:
Subject:
Existing Zoning:
Proposed Zoning:
Purpose:
Property
Address/Description:
Municipality:
Municipality File No.:
OMB Case No.:
OMB File No.:
Port Darlington Land Corporation
Application to amend Zoning By-law No. 84-63 - Refusal
or neglect of the Municipality of Clarington to make a
decision
Agricultural (A) and Environmental Protection (EP)
R2A, R3A, R3B, R4B, C2, P3, P6, EP and OS1
To permit a 699 unit plan of subdivision
Part of Lots 5, 6, 7 and 8, Broken Front Concession,
100 Bennett Road, 2765 South Service Road and
130 East Beach Road
Municipality of Clarington
ZBA 2002-002
PL081621
PL081519
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Appellant:
Subject:
Property
Address/Description:
Municipality:
Municipal File No.:
OMB Case No.:
OMB File No.:
Port Darlington Land Corporation
Proposed plan of subdivision
Part of Lots 5, 6, 7 and 8, Broken Front Concession,
100 Bennett Road, 2765 South Service Road and
130 East Beach Road
Municipality of Clarington
S-C-2002-002
PL081621
PL081577
BEFORE:
M. A. SILLS ) Thursday, the 3rd
MEMBER )
) day of March, 2016
3 PL081621
THESE MATTERS having come before the Board and the Board having issued its
Decision on September 21, 2010 in which it granted approval to the proposed draft plan
and having withheld its Order pending receipt from the parties of the final conditions of
draft plan approval;
AND THE BOARD having issued its Order on February 2, 2012 approving the draft plan
subject to the fulfillment of conditions set out in "Attachment 1” to that Order;
AND THE BOARD having been notified that the parties wish to amend the draft plan
approved in the Order issued on February 2, 2012 (to reduce the width of Street ‘A’ from
30.0 m to 26.0 m., add 4 m to Park Block 4, and reconfigure Street ‘A’ to accommodate
a roundabout on Lamb’s Road) in order to make it consistent with a contiguous draft
plan of subdivision approved in a Decision and Order of the Board dated September 17,
2015 (case no. PL141003);
AND THE BOARD having been further notified that the parties wish to amend the
conditions attached to the Order issued on February 2, 2012 in order to make them
consistent with the conditions approved in the Decision and Order of the Board dated
September 17, 2015 (case no. PL141003).
THE BOARD ORDERS that the Conditions of Draft Approval attached as
"Attachment 1” to the Order dated February 2, 2012 shall be replaced with
Conditions of Draft Approval dated September 29, 2015 attached hereto and marked
as "Attachment 1”.
AND THE BOARD ORDERS that the draft plan of subdivision approved in the Board’s
Order dated February 2, 2012 shall be replaced with draft plan attached hereto and
marked as "Attachment 2” (Draft Plan for Part of Lots 5, 6, 7 and 8, BFC, Municipality of
Clarington, Regional Municipality of Durham, Project No. 01081k, Drawing No. DP-14
dated June, 2015).
4 PL081621
SECRETARY
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 1
CONDITIONS OF DRAFT APPROVAL
(Port Darlington Land Corporation)
Date: September 29, 2015
File No.: S-C-2002-002
PLAN IDENTIFICATION
1.The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2002-002 prepared by GHD identified as Project No. 01081k
and last revised June 2015 which illustrates a medium density residential block
(424 units), a high density residential block (426 units), a clubhouse block, a park
block, open space blocks, a stormwater management block, roads and road
widenings on 26.92 hectares located in Part of Lots 5, 6, 7 & 8, Broken Front
Concession, Darlington, in the Municipality of Clarington.
FINAL PLAN REQUIREMENTS
2.The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4.The Owner shall convey a road widening (Block 10) along Bennett Road and shall
be sufficient to accommodate both the proposed level crossing improvements and
the reconstruction of Bennett Road, as well as a future grade separation.
5. The Owner shall convey a road widening (Block 11) along Lambs Road and shall
be sufficient to accommodate grade separation improvements and the
reconstruction of Lambs Road.
6. The Owner shall convey 14.0 metre X 14.0 metre sight triangles the intersection of
Lambs Road and Street ‘A’ and at the intersection of Bennett Road and Street ‘A’.
7. The Owner shall terminate any dead ends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality
of Clarington.
8. That all land dedications, easements, sight triangles and reserves as required by
the Municipality for this development must be granted to the Municipality free and
clear of all encumbrances and in a form satisfactory to the Municipality’s Solicitor.
ATTACHMENT 1
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 2
Marketing and Sales
9.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.
10.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.
11.The Owner shall prepare and submit a Homeowner’s Guide to the satisfaction
of the Director of Planning Services. Once approved the Homeowner’s Guide
shall be provided to each homeowner at the time of closing. The Homeowner’s
Guide shall include information relating to the protection of natural heritage
features and natural hazard lands (Lake Ontario Shoreline) in the
neighbourhood and provide advice on good land stewardship principles. The
guide shall also include any recommendations from the Environmental Impact
Study and revisions thereto.
12.The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services, including all warning clauses/
notices/homeowner’s guide prior to any residential units being offered for sale to
the public.
Site Alteration
13.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 shall be in accordance with the approved Soils
Management Plan required by Condition 33.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
14.The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan, as part of the engineering submission, to the satisfaction of the
Director of Engineering Services, the Director of Planning Services and the Central
Lake Ontario Conservation Authority for review and approval. In addition to the
standard municipal requirements, the plan shall include the stream banks, the
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 3
buffer areas and the stormwater management pond. The Landscaping Plan shall
reflect the design criteria of the Municipality as amended from time to time and the
Community Theme Plan and Urban Design Implementation Plan as approved.
15.The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the
Director of Engineering Services and the Director of Planning Services. No trees
shall be removed until such time as this plan has been approved except as
authorized by the Municipality. Changes to the final plan may be required to
accommodate tree preservation needs.
16.The Owner shall submit an update of the Environmental Sustainability Plan based
on the preliminary Environmental Sustainability Plan entitled “Environmental
Sustainability Brief Application for Draft Plan of Subdivision “Port Darlington
West””, dated October 9, 2013, to the satisfaction of the Director of Planning
Services. The plan shall be completed together with the plan required for draft plan
of subdivision S-C-2013-0002. 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.
17. The Owner shall prepare a Community Theme and Urban Design Implementation
Plan to the satisfaction of the Director of Planning Services and the Director of
Engineering Services. This plan shall be completed together with the plan required
for draft plan of subdivision S-C-2013-0002. This Plan shall identify how the
development will achieve a high quality urban environment by:
i)Demonstrating that the development will respect and protect heritage
resources of the Port Darlington Neighbourhood;
ii)Maintaining historical themes and waterfront attributes of the area;
iii)Including Architectural Design elements for the proposed residential units
that will satisfy the objectives of the overall Community Theme and Urban
Design Implementation Plan; and,
iv) Providing implementation details that can be used as guidance for the
evaluation of the development proposals at the site plan approval stage.
The Community Theme and Urban Design Implementation Plan shall also provide
direction relating to gateway and landscape treatments, pedestrian connections,
lighting fixtures, fencing details and related design issues for the overall design,
location and configuration of the Waterfront Trail and open space buffers. The plan
shall be consistent with the Bluff Access Management Plan that has particular
attention to lands adjacent to the Regulatory Shoreline Limit. Specific measures to
address public safety along the Lake Ontario Waterfront shall be recommended
through the preparation of this Plan. All Engineering Drawings, including the
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 4
Landscape Plan, shall be consistent with the approved Community Theme and
Urban Design Plan.
18. The Owner agrees that no residential units shall be offered for sale to the public
until such time as the Community Theme and Urban Design Implementation Plan
and the exterior architectural design of each building has been approved by the
Director of Planning Services.
19. The Owner agrees to apply for Site Plan approval and enter into a Site Plan
Agreement with the Municipality of Clarington for the development of Blocks 1, 2
and 3.
20. In accordance with the Phasing Scenario for Port Darlington Land Corporation,
dated March 2014, the first registration of the subject draft plan of subdivision shall
include Block 1 (424 medium density units), in addition to Street ‘G’, Street ‘F’,
parkland, open space blocks and all identified external works within abutting Draft
Plan of Subdivision S-C-2013-0002 and conditions dated June 10, 2015. The
Owner shall be responsible for all arrangements to construct all external works,
stormwater services, including the stormwater management pond, and all road
connections within Draft Plan of Subdivision S-C-2013-0002, and to construct Draft
Plan of Subdivision S-C-2002-002 to the satisfaction of the Director of Engineering
Services.
21. The Owner shall submit plans showing the proposed phasing to the Municipality
of Clarington and the Region of Durham for review and approval if this
subdivision is to be developed by more than one registration. The Phasing Plan
must show how the roads and associated infrastructure within each phase are
intended to connect to subsequent phases of development, including the
provision of temporary or transitional works such as temporary turning circles,
external easements for temporary turning circles, and associated frozen lots.
The Municipality shall require the preparation of a subdivision agreement for
each phase of development.
22.Phasing plans for this draft plan of subdivision, together with plan S-C-2013-
0002, shall include a construction/emergency traffic plan which will consider
impacts to existing residents, and impacts to new residents within the limits of
the draft plans.
23.The Owner agrees to ensure all construction traffic (subdivision construction
and subsequent home construction trades) use approved construction traffic
routes only. No traffic shall be permitted via East Beach Road or Port
Darlington Road south of the Hydro One Networks Inc. corridor. The Owner
shall implement a program to ensure conformance to this requirement by the
use of written documentation to all builders, effective road signage and
barricades, if necessary, and ongoing monitoring, all to the satisfaction of the
Director of Engineering Services.
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 5
24. The Owner shall be responsible for 100% of the construction of the stormwater
pond, services and roads, subject to cost sharing agreements with the abutting
land owner of Draft Plan of Subdivision S-C-2013-002. The cost sharing
agreement between owners of S-C-2013-0002 and S-C-2002-002 shall be
submitted prior to entering into a subdivision agreement with the Owner of S-C-
2013-0002 and/or S-C-2002-002 to the satisfaction of the Director of
Engineering Services.
25.The Owner agrees that the final erosion hazard limits related to stable slope
setbacks shall be determined and submitted for review and approval of the Central
Lake Ontario Conservation Authority and the Municipality of Clarington. Should the
erosion hazard limits extend beyond the current lot boundaries as shown on the
draft plan, the plan will need to be revised prior to Final Approval.
26. The Owner agrees that the hazard limits associated with the Bennett Creek
corridor will be determined in accordance with the Ministry of Natural Resources
(MNR) Technical Guide for River and Stream Systems: Erosion Hazard Limit and
submitted for review and approval of the Central Lake Ontario Conservation
Authority. Should the hazard limits extend beyond the current Open Space Block
boundaries as shown on the draft plan, the plan will need to be revised prior to
Final Approval.
27.Prior to entering into a subdivision agreement, the Owner shall submit a detailed
creek erosion analysis for Bennett Creek to Lake Ontario to the satisfaction of the
Central Lake Ontario Conservation Authority and the Director of Engineering
Services, and shall demonstrate that there are no downstream impacts and that
the effluent from the eastern stormwater management facility will no incre ase the
natural erosion rate in Bennett Creek.
28.The Owner shall prepare a Restoration Plan for any areas requiring restoration as
a result of the development or through recommendations of the approved
Environmental Impact Study, Peer Review and addenda reports, as approved by
the Central Lake Ontario Conservation Authority, the Director of Engineering
Services and the Director of Planning Services. The Owner shall agree to
implement the approved Restoration Plan prior to the first draw down for initial
works completion.
29. The Owner shall prepare a Plant Salvage Plan for any rare species identified onsite
through the stream banks, the buffer areas and stormwater management pond for
review and approval of the Central Lake Ontario Conservation Authority. The
Owner shall agree to implement the approved plant salvage plan prior to issuance
of Authorization to Commence works or a site alteration permit, if applicable.
30.The Owner agrees to carry out the requirements and recommendations of the
Environmental Impact Study and subsequent peer reviews and addenda
including recommendations and mitigation techniques to address the Street ‘G’
crossing of Bennett Creek:
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 6
(a) The erosion and sediment control plan must be designed and implement
throughout all stage of development. Construction should not proceed until
suitable erosion and sediment control fencing is in place along the
development limit. The fencing must remain in good repair and remain in
place during the construction period.
(b) Submission and implementation of a Restoration Planting Plan as required
by Condition 28.
(c) As part of the detailed design stage an addendum report to the
Environmental Impact Study regarding the Street ‘G’ crossing of Bennett
Creek is required.
(d) All lighting shall be designed to minimize the amount of direct light shining
into the creek corridor, or into wooded areas. Full cut-off and motion
sensitive lights and full-cut off lighting are recommend. Lighting shall be a
topic in the Homeowner’s Guide required by Condition 11.
(e) Only clean fill shall be used in keeping with the Soil Management Plan
required by Condition 33.
(f) Standard mitigation measures shall be followed regarding the use of fuels
and chemicals during the construction process to reduce the risk of
groundwater or surface water contamination from accidental spills.
31.The Owner shall submit an addendum report to the Environmental Impact Study
based on the initial Environmental Impact Study entitled “Bennett Creek Scoped
Environmental Impact Study, Port Darlington, Ontario” prepared by Savanta, and
revisions and addenda thereto, to the satisfaction of the Director of Planning
Services, the Director of Engineering Services and the Central Lake Ontario
Conservation Authority. The addendum report will include recommendations and
mitigation techniques to address the Street ‘G’ crossing of Bennett Creek.
32.The Owner agrees to prepare a bluff access management plan, to the satisfaction
of the Director of Engineering Services, the Director of Planning Services and the
Central Lake Ontario Conservation Authority, identifying appropriate sodding,
seeding, grading, planting, berming, fencing or other means to restrict access to
the bluffs located in Open Space lands. The Bluff Access Management Plan shall
be coordinated and consistent with the Community Theme and Urban Design
Implementation Plan.
33.Prior to final registration, the Owner shall provide a Soils Management Plan for
review and approval by the Director of Engineering Services. Such plan shall
provide information respecting any proposed import or export of fill to or from any
portion of the Lands, intended haulage routes, the time and duration of any
proposed haulage, the source of any soil to be imported, quality assurance
measures for any fill to be imported, and any proposed stockpiling on the Lands.
No material from outside of the Municipality of Clarington will be permitted to be
imported without the approval of the Director of Engineering Services. The Owner
shall comply with all aspects of the approved Soils Management Plan. The Director
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 7
may require the Owner to provide security relating to mud clean up, dust control
and road damage.
34. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to service the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
35.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
36. The Owner shall obtain area municipal approval of the zoning for the land uses
shown on the approved draft plan in accordance with the provisions of the Planning
Act.
37. Development of Block 2 (426 high density units) will trigger the need for significant
municipal infrastructure. The Owner shall agree within the Subdivision Agreement
that development of Block 2 shall not proceed until arrangements satisfactory to
the Municipality in its sole discretion acting reasonably have been made for the
delivery of such infrastructure. Full development of the draft plan will require all
external accesses to be constructed. The specific lots available for building permits
in any single phase of the development will be at the discretion of the Director of
Engineering Services.
38.The Owner shall submit a detailed cost estimate to the satisfaction of the Director
of Engineering Services which shall include the cost of improvements to the
intersection of Lake Road and Liberty Street, including turning lanes, design and
approvals, as recommended in the Port Darlington Residential Development
Traffic Impact Study. The Owner shall be 100% responsible for these costs. The
Municipality of Clarington shall be 100% responsible for obtaining necessary
approvals from the Ministry of Transportation the Region of Durham, and for
undertaking the work.
39.Prior to issuance of the first building permit, the Owner agrees to make all
satisfactory arrangements, financial and otherwise, for the construction of Street
‘A’, Street ‘G’ within adjacent draft plan of subdivision S-C-2013-0002 and any
associated works to connect Street ‘G’ with East Beach Road.
Street ‘G’ and Street ‘A’ shall be constructed to an urban standard between
Bennett Road and East Beach Road (approximately 90 metres west of the limit
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 8
of the draft plan of subdivision) at 100% of the Owner’s cost as directed by and
to the satisfaction of the Director of Engineering Services. A design detail for
Street ‘G’ is included as Attachment 1. The construction of Street ‘G’ and Street
‘A’ shall be constructed in a single phase. The Owner shall be 100%
responsible for the costs associated with providing full municipal services
including but not limited to sidewalks, illumination, and associated landscaping
subject to the approval of the Director of Engineering Services. Illumination,
landscaping and street furniture shall be provided in accordance with the
Community Theme Plan and Urban Design Implementation Plan.
40.Prior to the issuance of the first building permit, the Owner agrees to complete the
recommended improvements to Bennett Road from the 401 to Street “A” including
necessary improvements to the at-grade CNR level crossing. The Owner shall
obtain all necessary approvals from CNR to complete the recommended
improvements. Bennett Road shall be constructed to an improved rural 2 lane
cross-section. The Owner will be 100% responsible for the costs associated with
the improvements and subject to the approval of the Director of Engineering
Services.
41.Prior to the issuance of the first building permit, the Owner agrees to complete
improvements to South Service Road/Lambs Road and the subway approaches
from both a horizontal and vertical alignment (a minimum distance of 0.5
metres) and to the greatest extent possible given land and CNR constraints.
The improvements shall be undertaken on the north and south side of the
underpass and may extend beyond the existing South Service Road/Lambs
Road road allowance. The Owner agrees to make all reasonable efforts to
make improvements that will require the consent of the parties (i.e. CN and the
owner(s) of lands outside of the road allowance north of the underpass). All
costs associated with improvements relating to South Service Road/Lambs
Road, the northbound and southbound subway approaches shall be the
responsibility of the Owner and subject to the approval of the Director of
Engineering Services.
42.Concurrently with the improvements to the grade separation the Owner agrees
to upgrade South Service Road/Lambs Road from the limit of the draft plan of
subdivision to Lake Road, to a rural standard, and subject to the approval of th e
Director of Engineering Services.
43.Concurrently with the works required to improve the grade separation, the Owner
agrees to signalize the subway for one lane operation, including Opticom activation
to the satisfaction of the Director of Fire and E mergency Services, at the
Municipality’s discretion. All costs associated with subway improvements shall be
the responsibility of the Owner and subject to the approval of the Director of
Engineering Services.
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 9
44.The Owner shall be 100% responsible for the difference between the cost of a
rural road (with 6.7 metre pavement width and ditches) and the cost of an urban
collector road (with 10 metre pavement width, full stage curb and storm sewer
for local roadway drainage, illumination, and without sidewa lks), including
design costs, from the limit of the draft plan to Port Darlington Road at an
alignment to be approved by the Director of Engineering Services and Hydro
One Networks Inc.
The Owner shall be 100% responsible for the cost of constructing a 3.0 metre
wide asphalt trail across the hydro corridor, and shall make a connection to the
Waterfront Trail within the limits of the draft plan of subdivision. The cost shall
also include the installation of benches and waste receptacles within the limits
of the draft plan of subdivision. The conceptual alignment of the trail shall be
determined through the preparation of the Community Theme and Urban
Design Implementation Plan, and construction details will be approved and
implemented in the engineering drawings to the satisfaction of the Director of
Engineering Services.
If possible, the Street ‘F’ Trail in its entirety shall be completed prior to the first
anniversary of the issuance of the first residential building permit within the draft
plan.
The Owner is not responsible for any arrangements for property acquisition
and/or easements, design approvals and construction permissions from Ontario
Infrastructure & Land Corporation/Hydro One Networks Inc.
Access to, and road construction on the Ontario Infrastructure & Land
Corporation/Hydro One Networks Inc. transmission corridor is not to occur until
the legal transfer(s) of lands or interests are completed.
45.The Owner agrees that all changes required to the existing access road and
East Beach Road, which currently provides access for the existing residents, as
a result of the development of the draft plan of subdivision shall be the
responsibility of the Owner, financial and otherwise. All works shall be detailed
on the Engineering Drawings and shall be completed to the satisfaction of the
Director of Engineering Services.
Prior to Authorization to Commence, the Owner shall arrange for providing
written notice to all affected Owners, including timelines for the work to be
completed, prior to completing any changes to existing access and driveways
and all revised access driveways shall be constructed prior to the issuance of
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 10
the first building permit to the satisfaction of the Director of Engineering
Services and the Director of Planning Services.
All legal obligations for closing and conveying East Beach Road and revising
access and driveways shall be completed to the satisfaction of the Municipal
Solicitor.
46. The Owner agrees to construct, at 100% their cost, and convey to the Municipality
of Clarington a Stormwater Management facility on Block 9.
47. The Owner shall convey Blocks 5, 6 and 7 to the Municipality of Clarington as
Open Space.
48.The Owner agrees to implement the bluff access management plan as identified
in Condition 32 at 100% their cost. Full implementation of the works identified
by the bluff access management plan shall be complete prior to the issuance of
the first building permit within the draft plan.
49.The Owner agrees to construct a 3.0 metre wide asphalt trail (Waterfront Trail)
from the existing trail connection in the Port Darlington Waterfront Park to Street
‘F’ (external to the draft plan of subdivision), along Street ‘G’ in Draft Plan of
Subdivision S-C-2013-0002 and along Street ‘A’ in this draft plan of subdivision.
The exact alignment of the trail shall be determined through the preparation of
the Community Theme and Urban Design Implementation Plan. The Owner
shall be responsible for 100% of the cost of constructing the trail and installing
benches and waste receptacles. The land required for construction of the trail
shall be conveyed to the Municipality of Clarington at no cost to the Municipality.
The Waterfront Trail shall be complete prior to the first anniversary of the
issuance of the first residential building permit within the draft plan of
subdivision.
50.The Owner shall convey Block 4 to the Municipality for park or other public
recreational purposes in accordance with section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13.. The Owner shall ensure the Engineering Drawings
incorporate the final grades for the park including 200 mm minimum topsoil,
seeding and sodding in areas where seeding is not possible.
Parkland requirements will be calculated together with S-C-2013-0002. The
Owner acknowledges that the parkland calculation in this plan of subdivision S-
C-2002-002 will be at the rate of 1 hectare per 300 dwelling units. The Owner
acknowledges that the amount of parkland required for draft approved S-C-
2013-0002 shall represent 5% of the lands included in the draft plan.
The Owner agrees that should lands being conveyed for park or other public
recreational purposes be less than the required dedication specified above, the
Owner shall provide a cash-in-lieu of parkland payment equal to the difference
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 11
and said payment shall be based on the value of the Lands as of the day before
the approval of draft Plan of Subdivision S-C-2002-002.
The Owner acknowledges and agrees that the Municipality of Clarington will not
be responsible for purchasing any over-dedication of parkland beyond the
minimum Planning Act requirements.
51. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
52.The Owner shall submit a Functional Servicing Report, supported by appropriate
studies and plans, satisfactory to the Director of Engineering Services. Such
report shall assess and verify all aspects of the proposed development to ensure
conformity with the Municipality’s Engineering Design Guidelines and good
engineering principles including:
•Internal and external traffic impact study;
•Major and minor stormwater design including verifying existing
sewers will accommodate the proposed flows and overland flow
routes will be suitable;
•Stormwater quantity and quality provisions, including verification of
all capacities and appropriate SWM pond area;
•Preliminary lot grading verifying maximum and minimum grades can
be achieved with the proposed road configuration to avoid sloping
between properties and cross sections demonstrating how the
proposed lots will be accommodated with abutting lands;
•Provision for interim functional servicing requirements for any
potential Phasing of the development; and
•All other aspects ensuring the proposed street layout and Works can
be accommodated by existing infrastructure and abutting private
lands while meeting all Municipal criteria.
53. All works shall be constructed in accordance with the Municipality of Clarington
standards.
54. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
55. That prior to the issuance of building permits, access routes to the subdivision must
be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that
all watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 12
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
56. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well
or private water system so that water supplied to the affected party shall be of
quality and quantity at least equal to the quality and quantity of water enjoyed by
the affected party prior to the interference.
57.The Owner shall be 100% responsible for obtaining all necessary demolition
permits and approvals. No demolition shall occur prior to issuance of Authorization
to Commence Works.
Prior to final registration and approval, a letter from a Professional Engineer
shall be submitted to the satisfaction of the Director of Engineering Services
confirming that any existing wells and private services on the property have
been decommissioned in accordance with applicable Regional and/or Provincial
standards.
58. Prior to final approval, the Owner shall submit to the Regional Municipality of
Durham and the Municipality of Clarington an updated Environmental Site
Assessment prepared by a qualified person. Alternatively, or should a Phase 2
Environmental Site Assessment be undertaken, the Owner shall file a signed
Record of Site Condition (RSC) to the Regional Municipality of Durham,
Municipality of Clarington and the Ministry of Environment (MOE) Brownfield
Environmental Site Registry.
59. That the Owner shall provide the Municipality, unconditional and irrevocable,
Letters of Credit acceptable to the Municipality’s Treasurer, with respect to
Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other
guarantees or deposit as may be required by the Municipality.
60. That the Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge By-law as amended from time to time, as
well as payment of a portion of front end charges pursuant to the Development
Charges Act if any are required to be paid by the Owner.
61. Prior to final approval, the proponent shall engage a qualified professional to carry
out to the satisfaction of the Ministry of Culture, an archaeological assessment of
the entire property, and mitigate through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resources
found. No demolition, grading or other soil disturbances shall take place on the
subject property prior to the Ministry of Culture confirming that all archaeological
resource concerns have been met including licensing and resource conservation
requirements.
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 13
62. Prior to any on-site grading or construction or final registration of the plan, the
Owner shall submit to, and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following:
i)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. The submitted report shall address all lands which
will drain to the proposed stormwater facility.
ii)the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and
iii)the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works, to comply with the Federal Fisheries
Act; and
63. The Owner agrees to adhere to the recommendations of the Port Darlington
Shoreline Erosion Hazard Assessment completed by Geomorphic Solutions for the
areas along the Lake Ontario Shoreline.
64. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing fees and Technical
Review fees owing as per the Approved Authority Fee Schedule.
65. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
i)the Owner agrees to carry out the works referred to in conditions 14, 25-32,
47, 50, and 62-64 inclusive to the satisfaction of the Central Lake Ontario
Conservation Authority.
ii)the Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner acceptable to the Central Lake Ontario
Conservation Authority.
iii)the Owner agrees to advise the Central Lake Ontario Conservation Authority,
48 hours prior to the commencement of grading or the initiation of any on-site
works.
66. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a
copy of the fully executed subdivision agreement with the Municipality.
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 14
67. The Owner shall submit to the Municipality of Clarington, the Regional Municipality
of Durham and CN Rail, for review and approval, an updated noise report, based
on the preliminary “Noise and Vibration Feasibility Study”, prepared by HGC
Engineering September 2009. The study shall be based on projected traffic
volumes provided by the Durham Region Planning Department and projected rail
traffic volumes from the CNR line and recommending noise attenuation measures
for the draft plan in accordance with the guidelines of the Ministry of Environment
and CN Rail. The Owner shall agree in the Municipality of Clarington subdivision
agreement to implement the recommended noise control measures. The
agreement shall contain a full and complete reference to the noise report (i.e.
author, title, date and any revisions/addenda thereto) and shall include any
required warning clauses identified in the acoustic report. The Owner shall provide
the Region with a copy of the subdivision agreement containing such provisions
prior to final approval of the plan.
68. Safety setback of habitable buildings from the railway rights-of-way to be a
minimum of 30 metres in conjunction with a safety berm. The safety berm shall be
adjoining and parallel to the railway rights -of-way with returns at the ends, 2.5
metres above grade at the property line, with side slopes not steeper than 2.5 to 1.
69. The Owner shall engage a consultant to undertake an analysis of noise. At a
minimum, a noise attenuation barrier shall be adjoining and parallel to the railway
rights-of-way, having returns at the ends, and a minimum total height of 5.5 metres
above top-of-rail. Acoustic fence to be constructed without openings and of a
durable material weighing not less than 20 kg. per square metre of surface area.
Subject to the review of the noise report, the Railway may consider other measures
recommended by an approved Noise Consultant.
70. Ground-borne vibration transmission to be evaluated in a report through site testing
to determine if dwellings within 75 metres of the railway rights-of-way will be
impacted by vibration conditions in excess of 0.14 mm/sec RMS between 4 Hz and
200 Hz. The monitoring system should be capable of measuring frequencies
between 4 Hz and 200 Hz, ±3 dB with an RMS averaging time constant of 1
second. If in excess, isolation measures will be required to ensure living areas do
not exceed 0.14 mm/sec RMS on and above the first floor of the dwelling.
71. The Owner shall install and maintain a chain link fence of minimum 1.83 metre
height along the mutual property line with CN Railway.
72. Any proposed alterations to the existing drainage pattern affecting railway property
must receive prior concurrence from the Railway and be substantiated by a
drainage report to the satisfaction of the Railway.
73. The Owner shall through restrictive covenants to be registered on title and all
agreements of purchase and sale or lease provide notice to the public that the
safety berm, fencing and vibration isolation measures implemented are not to be
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 15
tampered with or altered and further that the Owner shall have sole responsibility
for and shall maintain these measures to the satisfaction of CN.
74. The Owner shall enter into an Agreement with CN stipulating how CN's concerns
will be resolved and will pay CN's reasonable costs in preparing and negotiating
the agreement.
75. The Owner shall be required to grant CN an environmental easement for
operational noise and vibration emissions, registered against the subject property
in favour of CN.
76.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.
77.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.
78.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.
79. 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 Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prio r
to final approval of this plan.
80. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage and other
local services.
81. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Region concerning the
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 16
provision and installation of sanitary sewers, water supply, roads and other
regional services.
82. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase and
sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act.
b) The Owner agrees that no filling, grading or alteration to the water course
shall occur on the property without the prior written approval of the
Conservation Authority.
c) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
(i)“A school site is not planned for this development. Students from this
area may have to attend existing schools at this time."
(ii)“Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land the
subject hereof. There may be alterations to or expansions of the railway
facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations,
which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR
will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way.”
(iii)“Purchasers and tenants notified that there are existing farming and
industrial operations nearby and that they will not object, complain or seek
legal action against such nuisances as noise, odour and illumination from
these operations.”
d) Owner agrees to implement those noise control measures recommended
in the Noise Report as required in Condition 67.
83. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
i)Regional Municipality of Durham, how Conditions 1, 3, 21, 34, 38, 51, 58,
61, 67, 79, 81 and 82 d) have been satisfied;
ii)Central Lake Ontario Conservation, how conditions 14, 25-32, 47, 50, and
62-66 inclusive have been satisfied;
Conditions of Draft Approval (S-C-2002-002) – September 29, 2015 Page 17
iii)CN Rail, how Conditions 67-76 and 82(c)(ii) have been satisfied; and
iv) Ministry of Tourism, Culture and Sport, how Condition 61 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within six (6) 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.
2. 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.
3.All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario, LIH 3T3 (905) 579-0411.
ii)Regional Municipality of Durham, 605 Rossland Road East, 4th
Floor Whitby Ontario LIN 6A3
iii) CN Rail, MacMillan Administration Building, 1 Administration Road,
Concord, Ontario, L4K 1B9 (905) 760-5007
iv) Ministry of Tourism, Culture, and Sport, Culture Programs Unit, Programs
and Services Branch, 401 Bay Street, Suite 1700, Toronto, Ontario M7A
0A7.
CONNECTION TO
WATERFRONT
TRAIL
DESIGN DETAIL FOR
STREET 'A'
(WATERFRONT PARKWAY)
SCALE :
1:500
DRAWING No.
ATTACHMENT 1JUN 15, 2015
DATE :
ATTACHMENT TO
CONDITIONS OF DRAFT
PLAN APPROVAL
S-C-2002-002
NORTH
$77$&+0(17
Attachment 4 to
PDS-013-24
1
Kevin Morris
From:CONTACT <contact@cn.ca>
Sent:Thursday, February 11, 2021 5:40 PM
To:Kevin Morris
Subject:RE: CN Rail Information Request (CID:zpkc$v3q11n01n8lgh)
Attachments:tmp351A.tmp.png
Hello Kevin,
Thank you for reaching out to CN's Public Inquiry Line. CN operates an average of 40 trains daily on this line,
but the number can change at any time, depending on the needs of our customers. Unlike passenger trains we do
not operate by a set schedule, therefore CN trains can be expected to operate 24/7 at all times during day and
night. Any incidents may occur on the rail that can either delay or hasten scheduling therefore, for safety and
security reasons we do not provide specific train time information to the public. For the same reasons, we do not
give specific information on trains travelling in particular areas but trains can go up to 2.6 miles.
While CN is in the business of moving trains, and it is our preference for trains to keep running, locomotives
may idle for various reasons such as: while waiting at a siding for an oncoming train to pass, waiting for a
signal, in yards awaiting mechanical inspection or repair, or while undergoing a crew change. As stated by
Transport Canada, trains can't block a public grade crossing for more than five minutes when a road user needs
to pass, unless the train is moving. When emergency vehicles need to go trough, the crossing should be cleared
as soon as possible.
For further questions about developments near railroad tracks, you can contact our proximity team at proximity@cn.ca.
CN’s development criteria are consistent with the best practices developed by the Federation of Canadian Municipalities
and the Railway Association of Canada. You can consult their guidelines at www.proximityissues.ca.
Regards,
Sila
CN Public Inquiry Line
Renseignements généraux du CN
T:1-888-888-5909
contact@cn.ca
‐‐‐‐‐Original Message‐‐‐‐‐
From: Kevin Morris [mailto:KMorris@tmig.ca]
Sent: Thursday, February 11, 2021 16:12:05
To: CONTACT
Subject: CN Rail Information Request
CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe.
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Hi,