HomeMy WebLinkAboutPSD-072-13 1
Leading the Way REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: 25 November 2013 Resolution#: `'1 By-law#:
Report#: PSD-072-13 File#: S-C-2007-0002 & 40M-2419
Subject: NOISE FENCE FOR LOTS ON WEST SIDE OF VIVIAN DRIVE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-072-13 be received; and
2 THAT all interested parties listed in Report PSD-072-13 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by
D id . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
CP/df
19 November 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-072-13 PAGE 2
1. BACKGROUND
1.1 At the November 4 Council meeting a letter was received from Mr. Franklin with respect
to traffic levels on Trulls Road north of Nash Road and noise levels in the rear yards of
the Vivian Street homes abutting the east side of Trulls Road. Following discussion on
the correspondence Council requested a report from staff.
2. CORRESPONDENCE
2.1 In the letter dated October 24, 2013 Mr. Franklin states that the Purchase and Sale
documentation, sales literature from Halminen Homes, title and other pertinent legal
documentation have all been reviewed and they contain no reference to the front yard
and/or veranda of the lot providing the required amenity area. Nor do the residents recall
being verbally informed of this by any of the Halminen sales representatives. As a result
Mr. Franklin's letter requests written evidence be provided whereby sales documents for
lots 1-13, and the subdivision agreement inform purchasers of the front yard and/or
veranda of the lot were providing amenity area as prescribed by the Ministry of the
Environment. The letter also requests a second sound study be undertaken when the
Trulls Road reconstruction is complete and an updated traffic study is undertaken in the
Spring of 2014.
3. SUBDIVISION AGREEMENT
3.1 Attachment 2 to the report contains excerpts from the subdivision agreement which is
registered on title. The agreement identifies provisions and warning clauses related to
noise to be included in the offers of purchase and sale for lots within the subdivision.
Those provisions are summarized as follows:
i. Section 4.12 (20) identifies the noise report submitted in support of the plan of
subdivision and that the Owner shall implement the recommendations therein;
ii. Section 4.12 (21) Identifies that Owner shall, in the Purchase and Sale Agreement
advise homeowners that in order to achieve acceptable noise attenuation levels
between 55 and 60 dBA, the outdoor amenity area for lots 1 — 13 is located in the
front yard and/or veranda of the dwelling;
iii. Section 4.12 (22) identifies different warning clauses related to noise to be inserted
into offers of Purchase and Sale of various lots; and
iv. Section 4.12 (24) identifies that a chain link fence will be located on the rear
property line and that a cedar hedge is to be planted. Furthermore, it requires the
Owner, through the Purchase and Sale Agreement to advise purchasers that they
will be responsible for the maintenance of the cedar hedge (including watering,
fertilizing and trimming) and shall not remove it.
REPORT NO.: PSD-072-13 PAGE 3
4. PURCHASE AND SALE AGREEMENTS
4.1 Staff contacted the builder to get copies of information provided to purchasers with regard
to noise and amenity space at the time of the initial sales. The builder has provided
copies of Schedules "D-2" — Condition on Solicitor and Schedule "W" -Warning Clauses
which were identified as part of their standard Purchase and Sale Agreements. Schedule
"W" contains the warning clauses identified in the Noise Attenuation report and specified
in Section 4.12 (20), (22) and part of (24) of the Subdivision Agreement. A warning
clause related to Subsection 21 is not included.
4.2 The builder indicated that Schedule "D-2" provided opportunity for purchasers to have
their solicitor review the agreement and its' obligations. In addition, the builder advised
that at the preconstruction meeting with each purchaser a 'grade sheet' was prepared
and reviewed for each property. Attachment 4 contains a typical grade sheet that the
builder's representative advised they reviewed with each purchaser. In the case of Lots 1
to13 the grade sheet identifies a 56 m2 outdoor amenity area as being at the front of the
dwelling and/or veranda.
5. CONCURRENCE — Not Applicable
6. CONCLUSION
6.1 The Municipal Law Enforcement staff of the Clerk's Department have reviewed the
request to do a follow up noise monitoring in the spring once the Trulls Road
reconstruction work is completed. Law enforcement staff will coordinate the monitoring
with the Engineering Departments proposed spring traffic study.
6.2 Subsection 4.12(21) of the Subdivision Agreement clearly identifies that the outdoor
amenity area for Lots 1-13 is located in the front yard and/or veranda of the dwelling. The
agreement is registered on title for any purchaser or their solicitor to review.
6.3 Based on the information provided, it appears that the Purchase and Sale Agreements
warn that for Lots 1 to 13 sound levels exceed Ministry of the Environment criteria and
said noise levels may interfere with activities of the dwelling occupants. However, it also
appears that the Purchase and Sale Agreements did not contain the warning clause
identified in Subsection 4.12(21) of the Subdivision Agreement.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Carlo Pellarin
Attachments:
Attachment 1 - Mr. Franklin's Correspondence dated October 24, 2013
Attachment 2 - Memorandum from A.S. Cannella dated September 24, 2013
Attachment 3 - Excerpts from Subdivision Agreement
Attachment 4 - Builder's Purchase and Sale Information
REPORT NO.: PSD-072-13 PAGE 4
List of interested parties to be advised of Council's decision:
George Franklin
Courtice Homestead Land Corp.
ATTACHMENT 1
r TO REPORT PSD-072-13
UL' I 0
2013
pAUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
±;__: '�„"oral
REVhYt'.C.SY
October 24,2013 j
�tSS CJU�I::! C� C�Ni;;a t7 fii.E
Municipal Clerk
Director-Patti Barrie U cAu
The Municipality of Clarington
40 Temperance Street `� cr-'' ` '` ' �:: ;- a:;;; a E: g L i,c)
Bowmanville> ON
L1C 3A6
0 TREASURY
Dear Ms. Barrie,
AiUt!?C?iALCIK'"nI (�ryLE T•
Re: Trulls Road Noise and Traffic Counts
Thank you for'the response to the letter and petition of May 28,2013 with the July 12,
2013, R,Albright to Vivian Street Residents;RE:Trulls Road Reconstruction Works-
West Side of Vivian Drive Report No. -PSD-044-13.
We would like to bring to your attention the following additional information-
Per a memo dated September 24,2013 from A.,S. Cannella to the Mayor,Members of
Council-and B.AA7u,a summary of the results of noise measurements taken at my property
August 8-9, 2013 and determination traffic volumes on Trulls Road July 8-14, 2013 were
provided,
The memo describes the noise levels attained during an approximately 24 hour period
and showed that ambient sound levels varied from 42.1 decibels (dB)to 52.6 dB. Traffic
sound levels ranged from lows of 64,7 dB/79.2 dB to highs of 90.2 dB/99.7 dB.
Typically,human speech is carried out between 55 and 65 dB.
The memo also provides an estimate of AADT of 3 800 vehicles per day on Trulls Road
from Vivian.Drive to Billet Gate based upon a temporary radar board installed July 8
through 14,2013. The memo states though this time of year was not indicative of
optimal(higher)traffic volume periods of the year to do such studies and hence another
traffic count is planned for Spring of 2014.
Another sound level study should also be conducted at this time again since the Trulls
Road Re-construction Works, which commenced hall 2013 should be complete as well.
With respect to an earlier document pertaining to sound levels for this development,
namely Report No.;PSD-100-09,this document alluded to three Possible means of noise
abatement,namely a berm, an acoustic fence or utilization of the front(east) side of the
dwellings abutting the east side of Tralls Road as an Outdoor Amenity Area(OAA). The
berm option was ruled out due to interference with wetlands and realignment of the
subdivision to the west and staff did not support the option of the OAA in the rear yard
with an acoustic fence. This left the third option. Further actions were proposed by the
developer in planting cedar hedges along the rear yards or the Trulls Road frontage.
However, another document produced by D.G. Biddle&Associates Limited, Consulting
Engineers discussed the noise level guidelines and criteria in the context of Ministry of
Environment(MOE)requirements for Lots 1 through 13 on Vivian Drive. Section 2.1
Outdoor Amenity Space of this document states that if"these noise,levels exceed 60
dBA, appropriate noise abatement measures such as acoustical fences, berms, increased
building setbacks or re-orientation of dwelling units and lots must be employed to reduce
noise levels."
As described by the September 24,2013 memo,the limit of 60 dBA is clearly being
exceeded.
Section 4.2 Anticipated Noise Levels of the Biddle document outlines two options for the
OAA.. Option 1 was•to locate the OAA at the front of the dwelling and Option 2 was to
locate the OAA in the rear yard and provide a noise attenuation fence/berm. Section 5.2
describes that in absence of mitigating measures,Lots 1-13 will exceed 60 dBA and
recommends a 2.75 m acoustic fence running along the rear yards (OAAs)backing onto
Trulls Road.
This brings us back to the contents of the report PSD-044-13,namely Sections 2.2,2.3
and 2.7. These sections point to the layout of the lots being such that MOE requirements
are met for OAAs on the front(east) side of the dwellings and that(See Section 2.3)the
"subdivision agreement required the Owner to advise the purchasers of the 13 lots
abutting Trulls Road "that in order to achieve acceptable noise attenuation levels— the
outdoor amenity area is located in the front yard and/or veranda of the dwelling." The
developer has recently confumed that this did occur during closing of all the lots in
question." Section 23 further states "Bas6d on the requirements of the subdivision
agreement,the purchasers were advised that the front yard and/or veranda of the lot were
providing amenity area."
We have reviewed our Purchase of Sale documentation, sales literature from Halminen
Homes,title and other pertinent legal documentation and cannot find any reference to
"the front yard and/or veranda of the lot were providing amenity area." Nor can we recall
being verbally informed of this case by any of the Halminen sales representatives.
Therefore, given the above, we would request that-
• The traffic study to be performed as planned in Sprj:dg 2014 along with an additional
sound study.
• That written evidence be provided whereby it was stipulated in the Owners
(Halminen Homes) sale/closing documentation for Lots 1 through 13 and in the
subdivision agreement informing purchasers of Lots 1 through 13 that the OAA was
located in the front yard and/or veranda of the lot.
Depending on the outcome of investigation into these aspects,it may.be that the
Municipality and/or Owner(Halminen Homes) are liable for the removal of the existing
chain link fence and the absorb the costs of the installation of a 2.75 m acoustic fence as
per MOE guidelines.
It is also to be remembered that the noise(e.g., sound)measured as described in these
documents is via decibels(dBs) and is based on a logarithmic,not a linear scale. For
example,a difference in 10 dB represents a difference of sound intensity of 10 times and
is not simply an additive increase (or decrease)in 10 units of measurement. For example,
the difference between 50 dB and 60 dB is the 60 dB sound being 10 times more intense
than the SO dB.
Please find attached a petition,which has been signed by all residents currently residing
along Vivian Drive in Courtice pertaining to the current vehicular noise reduction means
provided between Trulls Road and properties located on Vivian Drive,
Please provide a formal response to this request.
Thank you for your attention on this matter.
Yours truly,
G.Franklin
cc Regional Councillor M, Novak(1 &2)
Local Councillor I Neal(1)
• i
• i
Petition from Vivian Dr. Residents (]Lots 1--13)
We,the undersigned,do hereby agree that based on the results of the noise measurements taken and with anticipated increase in
volumt of traffic that an acoustic fence would be the most logical barrier to improve noise reduction.The acoustic fence would need
to be the maximum height in accordance with the by-law requirements_
Address Print Name Signature
1�5 ,A
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burr
U0 /U CJ176 Ur�! ) /
ATTACHMENT 2
TO REPORT PSD-072-13
MLMO
TO: Mayor and Members of Council
Frank Wu, C.A.O.
FROM: A. S. Cannella, C.E.T.
Director Engineering Services
DATE: September 24, 2013
RE: TRULLS ROAD NOISE AND TRAFFIC COUNTS
At the July 2, 2013. Council meeting, the following resolutions were passed by members of
Council:
Resolution #C-251-13
Moved by Councillor Novak, seconded by Councillor Traill
THAT Staff be directed to:
Perform noise measurements in Mr. Franklin's back yard, next to Mr. Franklin's patio door,
Undertake a Traffic count on Trulls Road, and
Coordinate,with Durham Region Police Service and the Engineering Services Department,
the installation of a temporary radar sign on Trulls Road.
"CARRIED"
The Council resolution required responses from two different Departments but for the sake of
simplicity, responses from both Departments have been included in this memo,
CLERKS DEPARTMENT
Staff attended at the residence to take sound readings on Thursday, August 8 between the
hours of 4:00 pm and 5:00 pm and on Friday afternoon until 4.30 pm. The tests were
conducted from the backyard of Mr. Franklin's property near his patio doors.
On Thursday the wind was almost non-existent and the ambient background noise level was
42.1 decibels, During the hour that the officer was on site the sounds of passing traffic varied
from a low of 64.7 dB to a high of 99.7 dB. This level was registered when a dump truck
passed by the property.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 F(905)623-5506
Page 2 of 2
TRULLS ROAD NOISE AND TRAFFIC COUNTS
On Friday the wind had increased to between 15 and 22 km/h from the west, therefore
blowing toward Franklin's property, The ambient level at the time was 52.6 dB. Noise
readings varied from a low of 79.2 dB to a high of 90.2 dB.
ENGINEERING DEPARTMENT
With respect to traffic counts on Trulls Road we would like to advise that traffic counts are
generally undertaken during the period of March to June or September to November. These
periods provide the most accurate data (generally the highest peak volumes) since they are
not affected by vacations, weather or other reasons that may result in lower traffic volumes.
Staff has scheduled a traffic count in the spring of 2014 on Trulls Road.
What we can report this year however, is that the temporary radar message board was
installed on Trulls Road during the period of July 8, 2013 to July 14, 2013. During that time
the daily traffic on Trulls Road from Billett Gate to Vivian Drive was estimated to be AADT
3800 vehicles per day, based on the data collected.
I trust that this answers the questions raised in Resolution#C-251-13 but encourage you to
contact me directly should further information be required,
Anthony S. Cannella
Director of Engineering Services
ASC/jb
Cc: David Crome, Director of Planning Services
Patti Barrie, Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 F(905)6235606
DN:H:WP61 DATA/MEMO/MEM002/
ATTACHMENT 3
_ TO REPORT PSD-072-13
THIS AGREEMENT made in,quintuplicate.as of this 22nd day of Juxv ,2010
BETWEEN:
THE COIRPORATION OF THE MUNICIPALITY OF CLARiNGTON
-and-
COURTICE HOMESTEAD LAND CORP.
SUBDIVISION AGREEMENT
Page 37
fencing to be constructed in such a manner that the fence connects to and/or
ties back into the dwelling unit exterior wall. The gate is to be designed and
constructed in compliance with the recommendations and intent of the Noise
Attenuation Report The maintenance of said fencing is the responsibility of the ,
home owner/purchaser of said lot and/block,unless•otherwise noted within the
Subdivision Agreement.
2. Chain link fencing—Where chain link fencing is a required feature between .
any lot and/or block and a park, open space block or walkway,said chain link
fencing is to be located on the public portion of the abutting lot and/or block in
question and constructed in compliance with the'Municipality's Design Criteria
and Standard Drawings. The.maintenance of the chain link fencing is the
responsibility of the Municipality, unless otherwise noted within the Subdivision
Agreement.
3. Privacy fencing —Where privacy fencing is a required feature said-privacy
fencing is to be located on the shared property line of the lots and/or blocks in
questions and constructed in compliance with the•Municipality s Design Criteria
and Standard Drawings: The maintenance of the privacy fencing is the shared
responsibility of the abutting home owners/purchasers of the lot and/or block in•
questions,unless otherwise noted within the Subdivision Agreement.
A notice acknowledging the following warning clause:
'The Purchaser acknowledges that the lot and/or block shall be graded by
the purchaser's builder in accordance with plans approved by the
Municipality of Clarington and that issues regarding quality of workmanship
should be directed to the purchaser's builder..Such lot and/or block grading
may be required to accommodate drainage;from surrounding lands and
may include swales, slopes, retaining walls and where applicable sewers
and catchbasins on easements. In order to accommodate existing -
constraints such as existing topography, existing physical features on
adjacent lands the final grading design may vary from the Municipalitys
guidelines as' determined appropriate by the Director of Engineering
Services. The purchaser should be aware that these measures may limit
the use of certain areas of their-property and must satisfy themselves with
respect to the final grading of their lot and/or block."
The Owner acknowledges and agrees that the following warning clauses
will be inserted into Offers of Purchase and Sale of dwellings for the
lots/blocks within the 40M-Plan as noted below:
All warning clauses as recommended in the Noise Report in
accordance with paragraph 4.10(2):
"Due to the proximity of this plan to Trulls Road purchasers should
be aware that traffic noise may interfere with some activities of the
dwelling occupants,"
Page 44
(15) The Owner.acknowledges and agrees to submit a detailed Tree Preservation
Plan in'accordance with Section 4.1 of this agreement. The Tree Preservation
Plan shall be consistent with the recommendation of the aforementioned
Environmental. Impact.Study and the satisfaction of the' Municipality of
Clarington. f=urthermore,the Owner agrees that no trees shall be removed until
` such time as the plan has been approved except as authorized by the
Municipality.
(16) The Owner acknowledges and agrees to prepare a community education hand-
book on the environmental sensitivity of this site. This document shall be
completed and approved by the Director of Planning Services'prior issuance of
the first building permit.
(17) The Owner acknowledges and agrees that prior to registration of any portion of
the draft plan of subdivision`the owner must demonstrate how perpetual
maintenance of any blocks (s) identified as "Part Lots or Blocks will be
undertaken. Ali part lots will be pre-serviced with water, sanitary and storm
sewers.
(18) The Owner acknowledges and agrees to establish a geodetic benchmark in the
vicinity of the.intersection of Trulis Road and Daiseyfield Avenue, which will
serve as vertical control for the proposed development. The Owner shall be
100%responsible for the cost of establishing this benchmark. .
(19) The Owner acknowledges and agrees"to ensure that dwelling foundation are
0.5 metres above the 100 year HGL(Hydrologic Grade Line).,
(20) The Owner acknowledges and agrees to implement the recommendations of the
"Noise Impact Study for Courtice Homestead Land Corp." revised June 2009
prepared by D. G Biddle&Associates Limited,'which specifies noise attenuation
for this development. The Owner shall provide the Region with a copy of the
subdivision agreement containing such provisions prior to final approval of the
plan.
(21) The Owner acknowledges and agrees to advise the homeowner of Lots 1 to 13
on 40M-Plan, through the Agreement of Purchase and Sale, that in order to
achieve acceptable noise. attenuation levels between, 55 and 60 dBA, as
prescribed by the Ministry of Environment,the outdoor amenity area'fs located in
the front yard and/or veranda of the dwelling.
Page 46
(22) The Owner acknowledges and agrees that the following wanting clauses will be
Inserted into the Agreement of Offers of Purchase and Sale of dwelling for the
lots on the 40M Plan within the Draft.Plan of Subdivision S-C-2007-0002 as
noted below:
Lots 1 and 13
Clause#1
"Purchasers are advised that sound levels.due to increasing road traffic
may occasionally interfere within some of the of the activities of the
dwelling occupants as the sound levels exceed the Ministry of
Environment's criteria."
Lots 1 to 10
Clause#2
`This dwelling unit has been fitted with a forced air heating system and the
ducting, etc. was sized to accommodate central air conditioning by the
occupant will allow.the windows and exterior doors to remain closed,
thereby insuring that the indoor sound levels are within the Ministry of
Environments noise criteria. (Note: the location and installation of the
outdoor air conditioning devices should be done so as to comply with
noise criteria of MOE publication NPC-296, Residential Air Conditioning
Devises and thus minimize the noise impacts both on and in the
irrimedlate vicinity of the subject property).',
o Lot 11 to 13
Clause#3
"this dwelling unit has been supplied with' a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound.levels are within the Ministry of
Environment's Noise Criteria.
(23) The Owner shall acknowledges and agrees that prior to issuance of building
permits for Lots 11, 12 and 13, the Owner will provide detailed floor plans to
determine the number of building components required for acoustic insulation
�. factors and building materials,in accordance with the Noise Report,revised June
2009,prepared by D.G.Biddle.&Associates.
(24) The Owner acknowledges and agrees to construct a 1.2 metre high chain fence
on the west, or rear lot lines of Lots 1 to 13,together with a 1-8 metre high cedar
hedge, to the satisfaction of the Director of Planning Services and Director of
ATTACHMENT 4
TO REPORT PSD-072-13
Schedule C- Condition on Sale of Property
This agreement is conditional upon the sale of the P'urchaser's property known as
on or before
If the aforesaid property is not sold within the above mentioned period then this agreement shall be null and void
and the deposit shall be returned to the Purchaser without interest or deduction within the following 21 days provided
the Vendor has confirmation of receipt of such deposit.
It is understood and agreed that the Vendor reserves the right to give the Purchaser 24 hours within which to
remove the condition contained in this agreement as a result of the Vendor having received another acceptable offer
to purchase the premises. Should the Purchaser not deliver to the Vendor within 24 hours of notice from the Vendor
a confirmation in writing removing the said condition from the said agreement then this transaction shall be deemed
to have been terminated and ended and the Vendor shall be free to sell the lands,
Should the Purchaser deliver such notice removing the said condition then the parties hereto agree that the
transaction shall be completed in accordance with the provisions of the agreement to the same extent as if the said
condition never formed part of this agreement. Further to this,the Vendor may at his option extend the closing date
to coincide with the closing date of the Purchaser's sale,or alternately,to allow time to construct the said dwelling.
The Purchaser further agrees to list the said property thru the Builder's Broker!Nominee,doe Hawco and Anita
Halminen,Associate Brokers,REMAX First Realty Ltd.,Realtor,on the!Multiple Listing Service within 72.hours
of acceptance of this Agreement of Purchase&Sale,failing which this agreement shall become null and void
and the Purchaser's deposit returned to him in full without interest or deduction.
Schedule D-1 - Condition on Financing
This agreement is conditional until upon the purchaser(s)obtaining mortgage financing.
Should the purchasers be unable to obtain mortgage financing by the above noted date,then this agreement shall
become null and void and all deposit monies will be returned forthwith to the purchaser(s)in full without interest or
bonus.
In the event that the purchaser is unable to arrange financing,the vendor may,at its option,take back or otherwise
arrange the said financing,at the purchaser's expense.
To waive this condition,the purchaser(s)must provide the Vendor with commitment letter(s)from their financial
Institution,
Schedule D-2 - Condition on Solicitor
This agreement of purchase and sale is conditional until upon the purchaser(s)
reviewing this agreement with their lawyer.Should the purchaser(s)decide to cancel this agreement,they must
notify the vendor by the above noted date,or this condition shall be deemed to be waived from this agreement.
Schedule W—Warning Clause
A notice acknowledging the following warning clause:
"The purchaser acknowledges that the lot and/or block shall be graded by the purchaser's builder in
accordance with plans approved by the Municipality of Clarington and that issues regarding quality of workmanship
should be directed to the purchaser's builder. Such lot and/or block grading may be required to accommodate
drainage from surrounding lands and,may include swales,slopes, retaining walls and where applicable sewers and
catchbasins on easements.In order to accommodate existing adjacent lands the final grading design may vary from
the Municipality of Clarington's guidelines as determined appropriate by the Director of Engineering Services.The
purchaser should be aware that these measures may limit the use of certain areas of their property and must satisfy
themselves with respect to the final grading of their lot and/or block."
The Owner acknowledges and agrees that the following warning clauses will be inserted into Offers of Purchase and
Sale of dwellings for the lots/blocks within the 40M-Plan as noted below"
o All warning clauses as recommended in the Noise Report in accordance with paragraph 4.10(2):
1. "Due to the proximity of-this plan to Truiis Road purchasers should be aware that traffic noise may interfere
with some activities of the dwelling occupants"
2. "Purchasers and tenants notified that there are existing farming operations nearby and that they will not
object, complain or seek legal action against such nuisances as noise and odour resulting from normal
farming practices."
3. "Existing and potential future agricultural operations are being conducted in the surrounding lands, in
compliance with the Clarington Official Plan and Zoning By-law, other municipal and regional by-laws and
provincial legislation,"
4. The owner acknowledges that they will be responsible for the rear yard cedar hedge.
5. Lots 1 and 13
Clause#1
"Purchasers are advised that sound levels due to increasing road traffic may occasionally interfere within
some of the activities of the dwelling occupants as the sound levels exceed the Ministry of Environment's
criteria."
6. Lots 1 to 10
Clause#2
"This dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to
accommodate central air conditioning by the occupant will allow the windows and exterior doors to remain
closed,thereby insuring that the indoor sound levels are within the Ministry of Environment's noise criteria
(Note: The location and installation of the outdoor air conditioning devices should be done so as to comply
with noise criteria of MOE publication NPC-216, Residential Air Conditioning Devices and thus minimize the
noise impacts both on and in the immediate vicinity of the subject property)."
7. Lots 11 to 13
Clause#3
"This dwelling unit has been supplied with a central air conditioning system which will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of
Environment's Noise Criteria."
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FIGURE 2 NOTES:
RAINWATER WELL DETAIL BUILDER TO VERIFY SERVICE
CONNECIION INVERTS PRIOR
PROP 1.681 KIN 6LACK VINYL CHAIN,LINK; TO CONSTRt3 ENSUENSU
BUIIOER TO RE 1-2m
FENCE ON PROPUM UN£(0-507). COVER ON ALL FOOTINGS.
FOOTINGS TO BEAR ON
UNDISTURBED NATIVE SOIL
MUNICIPALITY LOT 5 kOM— LEGEND CONSULTANTS DECLARATION: I HEREBY CERTIFY THAT THE 81�I DING
TYPE.APPURTENANT GRADINO,DRAINAGE AND SERVICING FOR THI$LOT
OF CLARINGTON COMPLIES WITH SOUND ENGINEERING OFSICN"A D THAT TH PROPOSED GRADING �'VESS10
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TO THE SUBDIVISION AGREEMENT AND WITH AC FOR BOTH $�I "I2
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96 KING STREET EAST -OSHAWA.ON L1H 108 ONING INFORldAT10N
PHONE (905)576-8800. F-AX (905)576-9730 S ? C
ORAYn`t HY: MET ED BY: DRAtV.VG N0, BUILDER-HALI.IINEN LOT AREA 484.79m z L�VCE OF O��?
110219-SP-5 SUBD'N-COURTICE HOMESTEA LOT COVERAGE 160.25m 33.1x
DATE: tAMCH 28.2011 SCAL£: 1:250 SUB.NO.-