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HomeMy WebLinkAboutPSD-072-13 Addendum Unfinished Business 18 b 1 � n Lead�rg ripe way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 9, 2013 Resolution#: -° ' -1 By-law#: Report#: Addendum to File#: S-C-2007-0002 & 40M-2419 PSD-072-13 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 Addendum to Report PSD-072-13 be received; and 2 THAT all interested parties listed in Addendum to Report PSD-072-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David . Crome, MCIP, RPP in Wu, Director of Planning Services Chief Administrative Officer de 3 December 2013 CP/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 ADDENDUM TO REPORT NO.: PSD-072-13 PAGE 2 1. BACKGROUND 1.1 At the November 25, 2103 General Purpose and Administration Committee meeting, Committee considered Report PSD-072-13 and passed the following resolution: "THAT Report PSD-072-13, regarding a Noise Fence for Lots on the west side of Vivian Drive, be referred to Staff to meet with the developer to discuss the situation." 2. DISCUSSIONS WITH MR. HALMINEN 2.1 Staff met with Mr. Hannu Halminen the president of Halminen Homes who was the builder of the dwellings within 40M-2419, Vivian Drive. During the meeting Mr. Halminen advised that after reviewing PSD-072-13 it appears Mr. Franklin's key issue is noise level in his rear yard. Mr. Halminen also raised the following points during the meeting: i. Report PSD-072-13 incorrectly referred to Section 4.12 (21) of the subdivision agreement as a 'warning' clause. This section of the agreement requires the Owner through 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; ii. the purchase and sale agreement contained a warning to purchasers that sound levels due to increasing road traffic may occasionally interfere with some of the activities of the dwelling occupants as sound levels exceed the Ministry of Environment criteria. (Attachment 4 to PSD-072-13); iii. that although, the advisory note regarding outdoor amenity area for lots 1 to 13 being located in the front yard and/or veranda of the dwelling was not in the purchase and sale agreement, it was specifically reviewed at the preconstruction meeting. Each purchaser was provided a plan of their lot with a location of the dwelling and the outdoor amenity area identified on the plan. (Attachment 4 to PSD-072-13); and iv. that as per the purchase and sale agreement, all purchasers had opportunity for their lawyer to review the purchase and sale agreement, as well as the subdivision agreement registered on title, and that any purchaser who did not want to proceed with the deal because of the outdoor amenity area, or any other reason, has never been forced to continue with the purchase. 2.2 In response to questions from staff, Mr. Halminen advised he would not pay for a noise fence to be constructed along the Trulls Road frontage of the subject lots. Similarly he advised he would not contribute financially to the construction of a noise fence. In his view, all purchasers were fully informed that noise levels may exceed MOE guidelines for lots 1 to 13. ADDENDUM TO REPORT NO.: PSD-072-13 PAGE 3 3. STAFF COMMENTS 3.1 Report PSD-072-13 was prepared as a result of Mr. Franklin's letter to Council which contained a petition from the residents of lots 1 to 13. No correspondence or calls have been received from other residents. Mr. Franklin did not include any documents with respect to the purchase agreement with his submission. 3.2 As part of the subdivision agreement for the development of Vivian Drive and associated lots, there was no security posted for the construction of a noise fence, as one was not required. The developer has fulfilled all other obligations under the subdivision agreement for which securities were required and these monies have been released. 3.3 In summary: i. it appears that the Purchase and Sale Agreements, contained the appropriate warning for lots 1 to 13 that sound levels may occasionally interfere with some of the activities of the dwelling occupants; ii. it also appears that the Purchase and Sale Agreements did not contain a clause regarding the defined amenity area; and iii. the location of the outdoor amenity was apparently reviewed with each purchaser at the pre-construction meeting. 4. CONCLUSION 4.1 In conclusion, the builder is not prepared to build a noise fence for lots 1 to 13 of 40M- 2419 or contribute financially to the construction of a noise fence. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Carlo Pellarin Attachments: Attachment 1 - PSD-072-13 List of interested parties to be advised of Council's decision: George Franklin Courtice Homestead Land Corp. ATTACHMENT 1 TO ADDENDEUM TO PSD-072-13 • 1 � n Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: 25 November 2013 Resolution#: 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 b�I:� 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.: PSO-072-13 PAGE 2 i i 1. BACKGROUND I 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: L 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. I 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 i i REPORT NO.: PSD-072-13 PAGE 4 List of interested parties to be advised of Council's decision: George Franklin Courtice Homestead Land Corp. i ATTACHMENT 1 -„.TO REPORT PS01-07243 00 7 9 2013 QflIiNICIPALl1'Y OF CLARING70N PLANNING D ARI EN'( 24,2 13 REVIE i'E0 gY-� October 0 • GPI^v(��e;I.YiI: iltS CJUii): CJ i.Ckt•!;IL 0 FILE Municipal Cleric Director-Patti Barrie The Municipality of Clarington 40 Temperance Street Sc;,iil'::i :,ihC:S $Er',11vtS Bowri anvllle ON E'r'CIiI;rnIPP i s I'yGIP/,l n 0FEPXf;()o l.lC 3A6 ` sERtr•. c:ra:s !G Pl�tii'!itG i4000IT519 C.1 TREASURY SifiJIC`ES�, Dear Iv.(s. Barrie, OTHIFM f `°. MUtPICPPAi CU MILE 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. -FSD-044-13. We would like to bring to your attention the following additional information Per a memo dated September 24,2013 fiom A,S, Cannella to the Mayor,Members of Council,and F,-Wv,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 643 dB/79,2 dB to highs of 90.2 dB/99.7 dB. Typically,human speech is carried out between 55 and 65 dB, I The memo also provides an estimate of AADT of 3800 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 shrce 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 berni, an acoustic fence or utilization of the front(east) side of the dwellings abutting the east side of Trulls Road as an Outdoor Amenity Area(OAA). The been 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 hedg6s 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(MOB)requirements for Lots 1 through 13 on Vivian Drive, Section 11 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 reorientation 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 outthi.es 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 MOB requirements are met for OAAs on the front(east) side of the dwellings and that(See Section 23)the "subdivision agreement required the Owner to advise the purchasers of the 13 lots abutting Trolls 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 confirmed 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 0 The traffic study to be performed as planned in.Sprltig 2014 along with an additional sound study. 0 That mitten 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 maybe 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 in acoustic fence as per MOB 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 50 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 loc%ed on Vivian Drive, Please provide a formal response to this request. Thank you for your attention on this matter. Yours truly, Cr. Franklin cc Regional Councillor K Novak(1 &2) Local Councillor J.Neal(1) I Petition kom Vivian Dr.Residents (Lots 1-13), We,the undersigned,do hereby agree that based on the results of the noise measinem=ts taken and with anticipated increase in volume 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 At MCt(.A�UV 71 U, 7 [2"0. /IU 0 Ci i ATTACHMENT 2 TO REPORT PSD-072-13 MEMO i ® j i Lenrtlttg t/te{yrty li 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 Trails 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 L1C 3A6 T(905)623.3379 F(905)623-5506 ' I I4 I Sage 2 of 2 TRULLS ROAD NOISE AND TRAFFIC COUNTS i On Friday the wind had increased to between 16 and 22 kmlh 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-261-13 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 L1C 3A6 T(905)623-3379 F(906)6236606 DNAMP61DATA!MEMO/MEM002/ ATTACHMENT 3 _ --- TO REPORT PSD-072-13 THIS AGREEMENT'made in,qulntupIIcate•as ofthis 22nd day of J'uxv ,2010 BETWEEN: THE COliI'ORATION OF THE MUNICIPALITY OF CIARINGTON -and COURTICE HOMESTEAD LAND CORP. SUBDIVISION AGRr;EMENT i 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 sald.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•Municipalit/s Design Criteria and Standard Drawing's: 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 Municipality'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: I 7 All warning clauses as recommended in the Noise Report in accordance with paragraph 4.10(2): "Due to the proximity of this plan to•T•rulls Road purchasers should be aware that traffic noise may interfere with some activitles of the dwelling occupants," Page 44 (15) The Owner,acknowledges and agrees to submit a detailed Tree Preservation Pian in'acoordance 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 -We' Municipality of Clarington. Furthermore,the OwneT 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 re are a community education hand- book p .ri book on the environmental sensitivity of this site, This document shall be completed and approved by the Director of Planning Servlces'pdQr issuance of the first building permit. (17) The Owner acknowledges and agrees that prior to registration of any portion of the draft plan of subdivislon'the owner must demonstrate how perpetual maintenance of any blocks (s) identfed as "Part Lots or Blocks will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. ; i (13) The Owner acknowledges and agrees to establish a geodetic benchmark In the vicinity of the•intersection of Trulis Road and Daiseyfeld 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 Ow* wner acknowledges and agrees Ito 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 tots 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'is located in ' the front yard and/or veranda of the dwelling. i Page 46 (22) The Owner acknowledges and agrees that the following warning clauses will be Inserted into the Ag'kament of Offers of Purchase and Sale of dwelling for the lots on the 40M Plan within the Draft.Plan of Subdivision 8-C-2007-0002 as noted below: o Lots 1 and 13 Clause# "Purchasers are advised that sound levels.due to Increasing road traftic 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 1to10 Clause 4`2 `This dwelling unit has been fitted with a forced air heating system and the ducting, etc, was sired 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 lnstallatlon of the outdoor air conditioning devices should be done so as to comply with noise criteria of MOE publication NPC-216, Residential Alr Conditioning Devises and thus minimize the holse impacts both on and In the lrrimedlate 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,extedor doors to remain closed, thereby ensuring that the indoor sound.Weis are within the Mlnlsfry of Environments 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 I with a 1-8 metre high cedar hedge,.to the satisfaction of the Director of Planning Services and Director of i ATTACHMENT 4 TO REPORT PSD-072-13 Schedule C - Condition on Sale of Property This agreement Is conditional upon the sale of the Purchaser'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 some 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 construot 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,RBMAX First Realty Ltd.,Realtor,on the Multiple Listing Service within 72,hours of acceptance of this Agreement of Purchase&Sate,falling 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 purchasers)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 purchasers)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 purchasers) reviewing this agreement with their lawyer.Should the purchaser(s)decide to canoe)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 Ciarington 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 Ciarington'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" 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 Trulis 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 Ciarington Officlal 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 duoting, 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 NPO-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 1s Clause# "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," I I _WAN DRIVE -- PKFOSW Sww Qa f 5.031 � a m 139.58 a �. m Zero (>�'3N•)OUtD004 'uav evu. UNDERSIDE OF FOOTING MAY BE r°i 13s 30 e #* M w r -; A>MEIAfY AREA SHOV[Yt}tATC}1ED pp �w b.�� nm ca LOWER THAN ELEVATION NOTED � x�s�;',+ a DUE TO EXIST. CONDITIONS. .• .1.T��: EXACT DEPTH OF FOOTING TO 0 8E DETERMINED ON SITE DURING rJ O!S '• EXCAVATION FOR FOOTING. ll� sT ev s ,A o fa raaFM M0.50 A rartrnwa.zo � TYPICAL R,AtNWATFR WELL AND T� TOP oFmFOU on�loR ntLBSHr SLU n7 0 AINWATER LEADER LOCATION PLAN F.BS. FIN.UNDERSIDE O Utz FTC M7.66 UfS FIG UNDERSIDE DF FfG 1215 R NUMBER OF RISERS �. fROM fl�1-FLOOR ©Ore, - TO GRADE .. `�n i°' +W twx �OfP• A CABLE TV.PEDESTAL °� a ,� aneoun 00 BELL PEDESTAL - HYDRANT ararst. f � -r L7 in S r- O p � SECTION R. +tAMP POLE I) WMRO TRANSFORMER m NOTES ay.O•sicRS n 4)$ Tp%M4M4&&=Or uM VGWKW U7s �o RNNIYA7ER Yfb'LL(AS 'Ohm Mq s)vimm-wa emw=twK manrmw:t PER DESULS THLS M4G) 1)KIMa ar°s RE VY&m&9wa& _ FIGURE 2 NOTES. RAINWATER WELL DETAIL SUILDER To VERIFY SERVICE • ._- _ CONNECUON INVERTS PRIOR .. .. .-.:_.." TO coNSiRmnm PROP I R K 6L xNam C}PVN•I= ^- •. BUILDER TO El.`S1ME 5-2rn FENCE ON PROPERTY UNE(C-507). COVER ON ALL FOOTINGS. FOOTINGS TO BEAR ON UNDISTURBED WIVE SOIL MUNICIPALITY LEGEND CONSULTANTS AP GRADING DECLARATION:ORAVJaGAEN SEERRVICIN�FOR T�WSB LOT G LOT rJ 4DM— colIPUES MH 50lIND ENGINEERING DESIGN- O THAT TH P OSED GRADING OpBSSroy OF CLAR(NGTON a C IS IN COSU MFTY Y1tTN THE 1fASTFR GRADIN PUN AS APPENDICES ¢ 723.15 PROPOSED GRADE o yyE SUM ON ACREEMEA AND MATH A FOR BOTH I�.�.�it3L'I3Q i�L��S►��i$�4it$ E��ICl1{$�� 1245 E]QSnNG GRADE DRAINAGE AND RELATNE E£EYATiONS c o n s u l t s n g a n g t n e a r s -'—'—off OF -0A 24�h R �� ! �_—uJ� s Lt B.GRRSSfEEL z 96 KING STREET EAST•OSHAWA.ON LSH 'fah �ONfNG INFORMATIQN PHONE (905)575-8500- FAX (905)'3'76-3730 2 LOT AREA oRA162 aY_ MET. " ORANriKi N0. BUILDER PLAI.IMINEN COVERAGE 116D.25m 2 33IY LTV OF O oA7E MARCH 28,2075 SGT 1-250 1029 S—SP—S SUBNO-CWRDCE Ho�IESIFA LOT