HomeMy WebLinkAboutStaff Report - B2024-0038Clarington Summary of Comments Submitted B-2024-0038 3487 Concession Road 3, Bowmanville Planning and Infrastructure Services Committee of Adjustment City Departments / External Agencies Comment Clarington Development Review Division Comments contained within Clarington Building Division No concerns Clarington Development Engineering Division See Attachment 1 Clarington Emergency & Fire Services Department No concerns Region of Durham Planning and Economic Development No concerns (See Attachment 2) Region of Durham Works Department No concerns (See Attachment 3) Region of Durham Health Department No concerns (See Attachment 4) Municipality of Clarington Committee of Adjustment B-2024-0031 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: November 28, 2024 File Numbers: B-2024-0038 Address: 3487 Concession Road 3, Bowmanville Report Subject: B-2024-0038 (Lot Line Adjustment) seeking consent to facilitate a lot boundary adjustment between 3479 and 3487 Concession Road 3. Recommendations: 1. That the Report for Consent file B-2024-0038 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2024-0038 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment B-2024-0031 1.1 Owner: 1.2 Applicant: 1.3 Proposal: 1.4 Area of Existing Lot: 1.5 Area of Severed: 1.6 Area of Retained: 1.7 Zoning: 1.8 Clarington Official Plan Designation: 1.9 Heritage Status: 1.10 Water Supply: 1.11 SanitarySupply: Page 3 Paul Allin /G1TRM79111i� B-2024-0038 seeking consent to facilitate a lot boundary adjustment between 3479 and 3487 Concession Road 3 that would result in a 30.48 metre lot line shift described as Part 1 on the draft reference plan. The lot line adjustment is to create a sizeable lot for 3487 Concession Road 3, to have an additional dwelling unit within as accessory building. 20,248 square metres (20.24 ha) 2,608 square metres (0.26 ha) 17,640 square metres (17.64 ha) 'Agricultural Exception (A-1) Zone' within Zoning By-law 84- 63. Prime Agricultural Area None Private water Private Septic Municipality of Clarington Committee of Adjustment B-2024-0031 �,, Land Division Application: B2024-0038 ►r,, l rhwon Nature of Application: Addition to a lot Municipality: Clarington Address: 3487 Concession Road 3 N Benefiting Lands w Severed Lands F S 30 60 120 180 240 Meters Figure 1 — Lands subject to Lot Line Adjustment Application Page 4 Municipality of Clarington Committee of Adjustment B-2024-0031 2. Background Page 5 2.1 Planning Staff met with the property owner on March 11, 2024 to discuss the path forward to build additional dwelling unit between 3479 concession Road 3 and 3487 Concession Road 3 as both the land parcels are owned by one family. 2.2 On October 22, 2024, an application was received from Andrea Allin, on behalf of Paul Allin, Brian Allin and Irena Allin for consent to facilitate a lot line adjustment for lands municipally known as 3487 Concession Road 3. -N CONC,�SSrCWS 2 AdD 3 PiN 2&"-1' — ---" :._�� �wr��rw•E ,M� npgi Gs T52+GIPI!?F n�.�nt aa�s ,' JO_+s (oryTa4�1j ao_ 48 fAfP3f5_Y, �¢y�iYy�} PART' t PART 2 pO�9 PW 25652 — 0050 c FI x i 's f (�.ri45CT} for,P�afEt} p 2 A�: N7! h2 40 6p yg Figure 2: Label figure 2.3 The property at 3487 Concession Road 3 currently has a single detached dwelling serviced by private water and septic. The lot line adjustment if approved, will result in a sizeable lot for 3487 Concession Road 3, to have an additional dwelling unit (ADU) within as accessory building as currently the lot size is not large enough for an ADU. Municipality of Clarington Committee of Adjustment Page 6 B-2024-0031 3. Land Characteristics and Surrounding Uses 3.1 The subject properties that comprise this application are located south on Concession Road 3 in Newcastle, municipally known as 3479 Concession Road 3 and 3487 Concession Road 3. The subject site forms a rectangular shaped lot with an area of 1,394 square metres, with a depth of 45.72 metres and frontage of 30.48 metres. With the proposed lot line adjustment, the area of the property will increase to 4,002 square metres, resulting in depth of 65.65 metres and a storage frontage of 60.96 metres. Surrounding land uses include: South: Agricultural farm fields that form 3479 Concession Road 3 North: Ramp to Highway 35 & 115 East: Low -density Residential West: Low -density Residential 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing this report, Staff have not received any inquiries from members of the public or written opposition regarding the proposal. 5. Departmental Comments 5.1 The Development Engineering Division of Planning & Infrastructure Services Department has reviewed the proposal and has no objections to this land severance application (see Attachment 1). 5.2 The Clarington Building Department has reviewed the proposal and has no objections to this land severance application. 5.3 Clarington's Fire and Emergency Services Department has reviewed the proposal and have no fire safety concerns with this application. Municipality of Clarington Committee of Adjustment Page 7 B-2024-0031 6. Provincial Policy 6.1 Planning Act: Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria (a) — (m) of Section 51(24) under the act. Provincial Planning Statement (2024) 6.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: permitting and facilitating all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes. 6.3 Section 2.3 Settlement Areas: Planning authorities shall support general intensification and redevelopment to support the achievement of complete communities, including by planning for a range and mix of housing options and prioritizing planning and investment in the necessary infrastructure and public service facilities. 6.4 The application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Policy Statement (2024). 7. Official Plan 7.1 The subject property is designated Prime Agricultural within the Clarington Official Plan. The `Prime Agricultural' designation is generally intended to be used for agricultural uses, agriculture -related uses and on -farm diversified uses. 7.2 The proposed consent application is subject to policies within Section 23.7 Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development Planning Staff is satisfied that this throughout the Municipality shall be application does not result in scattered prohibited residential development. b) Ribbon development along arterial Planning Staff is satisfied that this roads shall be prohibited and direct application for consent does not result in ribbon development. Municipality of Clarington Committee of Adjustment B-2024-0031 Page 8 access from arterial roads shall generally be restricted c) Severances shall meet the Planning Staff is satisfied this requirements of the Region of Durham requirement is met as the retained parcel and applicable provincial agencies, has existing satisfactory existing private regarding the provision of sewage servicing. Furthermore, this proposal disposal and water services, and may meets the Region of Durham Health include entering into an agreement with Department permitting standards. the Region of Durham d) Severances shall only be given when The retained and severed lands have land fronts on an open and maintained frontage along a Municipally opened and public road. Notwithstanding, a maintained road. The subject consent landlocked parcel related to a land does not result in the creation of a assembly for future development in landlocked parcel of land. The proposed conformity to this Plan may be created lot configuration would not jeopardize future access to the retained lands. e) The size of any parcel of land created Proposed lot creation is appropriate in by severance should be appropriate for frontage and area, is in keeping with the the use proposed in keeping with the character of the surrounding character of the surrounding neighbourhood and conforms to the neighbourhood and no parcel should be development policies within the Official created which does not conform to the Plan and Zoning by-law 84-63. provisions of this Plan and the implementing Zoning By-law f) Severances shall not be granted for Clarington's Development Engineering land adjacent to a road from which department is satisfied that this access is to be obtained if a traffic hazard development for the creation of a new lot would be created because of limited sight does not create a traffic hazard (see lines on curves or grades Attachment 1). g) Severances to be granted shall be This application for lot line adjustment is conditional upon the applicant meeting all subject to the fulfillment of Municipal requirements of the Municipality, financial conditions — (See page 14 of this report) and otherwise, and may include an agreement being entered into with the Municipality h) The Municipality is satisfied that a plan Staff is satisfied that this consent of subdivision is not required. Generally, application would not require a plan of 3 lots are considered the maximum subdivision. Municipality of Clarington Committee of Adjustment B-2024-0031 Page 9 number of new lots that may be created by severances from a parcel of land i) Where a property has more than one Not Applicable — the subject lands are land use designation, a land severance entirely designated Prime Agricultural along the boundary of two different designation within the Clarington Official designations is permissible provided the Plan. severance does not contravene any applicable policies of this Plan j) In the Agricultural and Rural The subject applications does not result designations, any severance applications in the creation of a new lot within an for agricultural, farm -related uses, and Agricultural or Rual land use designation. farm -related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 k) The severance shall be in compliance Not applicable. with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands 7.3 For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposal conforms to the severance policies under Section 23.7 a) — k). 7.4 It is staff's opinion that the consent application conforms to the Clarington Official Plan. 8. Zoning By -Law 84-63 8.1 The subject properties are zoned `Agricultural Exception (A-1) Zone', within Zoning By-law 84-63. The proposed lot line adjustment will result in a land parcel with appropriate land area as permitted in the Zoning by-law. 8.2 It is staff's opinion that the consent application conforms to Zoning By -Law 84-63. 9. Recommendation 9.1 Should the Committee deem it appropriate to approve the applications, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Municipality of Clarington Committee of Adjustment B-2024-0031 Section 1: General Page 10 That the applicant satisfies all the requirements of the Municipality of Clarington's Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated November 12th, 2024. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning and Economic Development letter dated November 25, 2024. 3. That the applicant satisfies all the requirements of the Regional Municipality of Durham Works Department, financial and otherwise as detailed in the Regional Works Department letter dated November 21, 2024. 4. That the applicant satisfies all the requirements of the Regional Municipality of Durham Health Department, financial and otherwise as detailed in the Regional Health Department letter dated November 25, 2024. 5. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration. Registration of this Reference Plan is done by the owner, applicant, or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 8. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions Municipality of Clarington Committee of Adjustment B-2024-0031 Advisory Notes Page 11 It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Prepared by: 04 Shrija Vora Planner II, Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner Development Review, who concurs with the recommendations. Staff Contact: Shrija Vora, Planner, (905) 623-3379 x2436 or svora .clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Andrea Allin c/o Paul Allin Attachment 1 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Shrija Vora, Planner II From: Karen Richardson, Manager of Development Engineering Date: November 12, 2024 Subject: Land Division Application B-2024-0038 File: Applicant: Andrea Alin Address: 3487 Concession Road 3 Lot 1 Concession 5, Former Township of Clarke Consent to facilitate a lot line adjustment by adding a 2,608 m2 parcel of land from the 3479 Concession Road 3 to the benefitting lands located 3487 Concession Road 3. The benefitting lands total area will increase from 1,390 m2 to 3,998 m2. Development Agreement The applicant/owner must enter into a consent agreement with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: If a building permit is applied for, FOLLOWING COMMENTS ARE APPLICABLE: Building Permit Requirements The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Drainage The applicant/owner must provide this department with a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Infrastructure Services. The Grading Plan must demonstrate that there is no impact on any adjacent properties as a result of this development. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 :1F0iYzKiI1XI: Entrance Permit The applicant/owner must apply for an Entrance Permit to facilitate the construction of an entrance from the subject property to Concession Road 3. The applicant/owner will be responsible for any cost necessary in providing connecting access which may include utility relocation, entrance paving, curb cuts, restoration, and sidewalk adjustment. etc More information on Entrance Permits can be found online at Clarington.net or through By-law 2015-040. Municipal Road Occupancy The following notes must be provided on all applicable drawings: "Respecting all work in the municipal right-of-way, the contractor is to provide at least 48 hours prior notice to the Clarington Planning and Infrastructure Services Department staff at (905) 623-3379". "A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1 st and April 30t"" "All restoration or work done in the road allowance must be completed as per municipal field staff direction". "The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal representatives and deemed to be complete and satisfactory". Development Deposit The applicant will be responsible to provide a Development Deposit in the amount of $3,000.00 per lot. The deposit will include but not be limited to the following works within the municipal right-of-way: • Boulevard restoration including sodding. • Replacement of any damaged sidewalks. • Replacement of any street trees that are damaged or removed during construction. • Relocation of any utilities within the boulevard. Once the work has been completed, the applicant will notify the Municipality and the property will be inspected by municipal field staff to confirm that all appropriate The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 12 :1F0iYzKiI1XI: restoration within the municipal right-of-way is satisfactory and that the grading generally meets the approved Lot Grading Plan provided with the Building Permit. The Development Deposit will be refunded when all works and restoration have been completed to the satisfaction of the Director of Planning and Infrastructure Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Deputy CAO of Planning and Infrastructure Services. Soil Management Report — Site Alteration Should a future Site Plan application be required, the Municipality will require a Soil Management Report be prepared for the Site and submitted for review and approval prior to Site Plan approval. The scope of the Soil Management Report is described in Section 5 of the Municipality's Site Alteration Permit. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By- law 2024-017, as amended, and from the conservation authority for a regulated area under their jurisdiction. The applicant must demonstrate compliance with Ontario Regulation 406/19 and the MECP Rules for soil management and excess soil quality standards for development beginning on/or after January 1, 2023. The applicant shall confirm whether works completed to date (i.e., sampling completed through ESAs and Geotechnical Investigations) are in compliance with and/or satisfy the requirements of the Regulation. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Director of Planning and Infrastructure Services for approval. The applicant will be responsible to meet all current excess soil regulations. The approval of a permit under the Site Alteration By-law or Soils Management Report will require providing 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 subject lands. Soils Management Report and Plans need to address the following areas: 1) Proposed haul route, demonstrating shortest routes and least impact to municipal roads, traffic and residents. It shall be noted that weight restrictions are in effect on Municipal roads annually approximately The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 13 :1F0iYzKiI1XI: between March 1 st and April 30th. When in effect, vehicle loads are restricted to five (5) tonnes per axle. Hauling plans must consider this restriction. Visit the Municipality of Clarington Weight Restrictions webpage to confirm what roads are exempt: Weight Restrictions - Clarington. 2) Proposed schedule with precise start and end dates. 3) Estimate of how many cubic meters to be hauled, how many trucks per day. 4) A description of the proposed fill, confirming it originates from within the Municipality of Clarington and describing source locations and confirmation from a qualified expert that it contains no contaminated fill, as defined in the Municipality's current Site Alteration By-law. 5) Daily haulage time restrictions where public may be impacted (i.e. rush hour traffic, school areas, park areas, etc.). 6) Mud and dust control program for both source and dump sites, including who will be monitoring the haulage to ensure conformance to these conditions. This also includes monitoring and cleaning mud mats and roadways at both sites. The Municipality is to be provided with the contact's name and position, their 24 hour phone number and what company they are using to clean Municipal roads. 7) When route is approved by the Municipality, a precondition assessment and post haulage assessment to determine any damage and required repairs to the satisfaction of the Municipality. 8) Written commitment from applicant to ensure their contractor, subcontractor and all associated parties adhere to these requirements and any additional conditions that the Director of Planning and Infrastructure Services determines appropriate under the Municipality's current Site Alteration By-law. 9) Any Municipal approval is based on the understanding that the applicant has obtained prior to the work, the necessary approvals from any other agencies, including the Conservation Authority where appropriate. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 14 :1F0iYzRiI1XI: Provide written confirmation of consultation and acceptance of the proposal from the Conservation Authority. 10) Absolutely no alteration of either the source or destination site shall occur until the Municipality has approved the Soils Management Plan and/or Site -Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat construction, etc.). General Requirements and Conditions All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Ke, C,ka� Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/J.A. cc: The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 15 Attachment 2 The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development November 25, 2024 Tyler Robichaud Acting Secretary/Treasurer Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Tyler: Re: Application for Consent B2024-0038 Durham Ref.: LD 118-2024 Applicant: Paul, Brian and Irena Allin. Location: 3487 Concession 3 Municipality: Clarington Hearing Date: November 28, 2024 RECOMMENDATION: That application B2024-0038 be approved, subject to the following conditions: i). That the applicant shall demonstrate to the satisfaction of the Region of Durham Planning Division that any required noise abatement measures and warning clauses that may result from the required Noise Impact Study for the subject lands be implemented through a site plan/development agreement with the Municipality of Clarington or alternatively, through a Land Titles agreement with the Region of Durham. The study must be prepared by a qualified consultant and be submitted to the Region of Durham Planning Division and the Municipality of Clarington for review and approval; and ii). That the applicant shall demonstrate to the satisfaction of the Region of Durham, that all of the requirements listed in the attached letter from the Region of Durham Works Department, dated November 21, 2024, be satisfied. If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. LD 118/2024 PURPOSE The purpose of this application is consent to sever a 2,608 square metre rural residential parcel of land with an existing detached dwelling (Part 1 on the Draft 40R Plan) in favour of the property to the northeast (Part 2 on the Draft 40R Plan), retaining a 17.64 hectare agricultural parcel of land with an existing detached dwelling, barn and store. 2. PLANNING ANALYSIS Regional Official Plan (ROP) Conformity The subject site is designated "Prime Agricultural Areas" in Envision Durham, the new ROP which was approved by the Ministry of Municipal Affairs and Housing on September 3, 2024. It is the policy of Regional Council to protect Prime Agricultural Areas for long-term use for agriculture, to promote all types, sizes and intensities of agricultural uses and normal farm practices in accordance with provincial standards, and to discourage the establishment of new non-agricultural uses in Prime Agricultural Areas. The application appears to conform to the new ROP. However, in accordance with Policy 11.3.10 of Envision Durham, severances cannot be granted that are contrary to the new ROP and/or any area municipal official plan. As such, full conformity to the new ROP will be determined once a final decision has been issued by the area municipality confirming that the retained and severed parcels comply with the requirements of the area municipality's zoning by-law. Provincial Planning Statement, 2024 The 2024 Provincial Planning Statement (PPS) took effect on October 20, 2024, repealing and replacing the Provincial Policy Statement, 2020 and the Growth Plan for the Greater Golden Horseshoe. The PPS states that in Prime Agricultural Areas, permitted uses and activities are: agricultural uses, agriculture -related uses and on -farm diversified uses based on provincial guidance. The proposed lot line adjustment will not adversely affect agricultural operations on the retained lands. As such, the -2- LD 118/2024 application conforms with the policies of the PPS. 3. PROVINCIAL PLAN REVIEW RESPONSIBILITIES We have reviewed this application for delegated Provincial plan review responsibilities. Soil and Groundwater Assessment Protocol In accordance with the Region's Soil and Groundwater Assessment Protocol, the proponent submitted the Region's Site Screening Questionnaire (SSQ), signed by a Qualified Person under the meaning of the Environmental Protection Act. Question 8 in the SSQ was answered `Yes'. As such, the Region requires that the proponent submit a Phase One Environmental Site Assessment report, to our satisfaction. Potential Noise Impacts The subject site is located adjacent to Concession Road 3, designated as a Type `B' arterial road in the ROP, which is a source of transportation noise. An Environmental Noise Assessment, prepared by a qualified acoustical consultant, is required to be prepared, to the Region's satisfaction. Any recommendations of the assessment must be included in a legal agreement between the Municipality of Clarington and the proponent, to our satisfaction. 4. AGENCY COMMENTS Regional Health Department The Region of Durham Health Department, in its comments, dated November 25, 2024, has indicated that it has no objection to the above noted consent application. Regional Works Department The Region of Durham Works Department, in its commenting letter, dated November 21, 2024, has indicated that it has no objection or conditions to be imposed on the approval of the above noted consent application. -3- LD 118/2024 5. CONCLUSION The application conforms with the policies of the Regional Official Plan and the Provincial Planning Statement. As such, the Region of Durham Planning Division recommends approval of this application, subject to the applicant fulfilling the conditions contained in this letter. Yours truly, Davl L Pe,-ky- David Perkins Project Planner Attachment 3 November 21, 2024 Planning and Economic Development Regional Municipality of Durham 605 Rossland Road East, 4th Floor • • P.O. Box 623 The Regional Whitby, ON L1 N 6A3 Municipality By email — lino.trombino(aD_durham.ca of Durham Works Department Attention: Lino Trombino 605 Rossland Rd. E PO Box 623 Whitby, ON L1 N 6A3 Re: LD 118/2024 (B2024-0038) Canada Paul, Brian & Irena Allin 905-668-7711 Agent: Andrea Allin 1-800-372-1102 3487 Concession Road 3 Fax: 668-2051 E-mail: Part Lot 29, Concession 2 works@durham.ca Municipality of Clarington www.durham.ca Dear Mr. Trombino, Please be advised that our department has no objection or conditions to be imposed upon the consent to sever a 2,608 square metre rural residential parcel of land with an existing detached dwelling (Part 1 on the Draft 40R Plan) in favour of the property to the northeast (Part 2 on the Draft 40R Plan), retaining a 17.64 hectare agricultural parcel of land with an existing detached dwelling, barn and store. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young, C.E.T. Development Approvals Technician grant.young@durham.ca 905 668 4113 extension 2479 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. Attachment 4 104 Outlook LID 118/2024 From Lesley Kennedy <Lesley.Kennedy@Durham.ca> Date Mon 11/25/2024 11:01 AM To David Perkins <David.Perkins@Durham.ca> Cc Aminata Daramie <Aminata.Daramie@durham.ca> B 1 attachment (224 KB) Ld 118 2024 updated sketch Nov25.pdf; Hi David The above noted application has been reviewed by this department and we have no objection to the approval. We received an updated site plan that shows there is sufficient space to support a secondary dwelling on the benefitting lands and the lot line adjustment will not impact the existing private servicing. Please let me know if you have any questions. Thankyou Lesley Kennedy, CPHI(C), I/CBO-SS I Senior Public Health Inspector Health Protection Division Health Department Lesley.kennedy@durham.ca 1905-985-4683 ext 4925 1 durham.ca/health DFO)XO