HomeMy WebLinkAboutPSD-047-14 (Addendum) Unfinished
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cla Report
Planning Services
Meeting: General Purpose and Administration Committee
Date: September 22, 2014 Resolution:G P kBy-law:
Addendum PSD-047-14 File: S-C-2013-0003, ZBA 2013-0019
to Report#:
Subject: Proposed draft plan of subdivision and rezoning to permit a 23 unit
residential development
Applicant: Zemer Holdings Ltd.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) That Report PSD-047-14 be received;
b) That Addendum to Report PSD-047-14 be received;
c) That the application for the proposed Draft Plan of Subdivision, submitted by Zemer
Holdings Ltd. to permit the development of 23 residential units be supported, subject to
the conditions contained in Attachment 1 to Report PSD-047-14;
d) That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be
approved as contained in Attachment 2 to Report PSD-047-14;
e) That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be approved;
f) That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047-14
and Council's decision; and
g) That all interested parties listed in Report PSD-047-14 and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
David Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Municipality of Clarington
Addendum to Report PSD-047-14 Page 2
Report Overview
This is an addendum report to address the request of the General Purpose and Administration
Committee to consider eliminating the 4 western units of Block 3 due to the proximity of the
railway crossing. These lots comply with the guidelines of the Ministry of the Environment and
Climate Change, the Canadian Pacific Railway "Principal Main Line Requirements" and the
best management practices for new development in proximity to railway operations prepared
by the Federation of Canadian Municipalities
Background
1. Staff submitted a recommendation report PSD-047-14 (Attachment 1) to the General
Purpose and Administration Committee on September 8, 2014. The Committee referred
the application back to staff for a report to consider eliminating the 4 western units of Block
3, due to the proximity of the lots to the Canadian Pacific Railway.
2. Figure 1 identifies setbacks to the railway discussed in the review of this application.
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Municipality of Clarington
Addendum to Report PSD-047-14 Page 3
Land Use Planning & Railways in Clarington
3. Clarington has two railways running across Courtice, Bowmanville and Newcastle urban
areas where the majority of growth is occurring.
4. All development applications within 300 metres of a railway are circulated to the
appropriate railway for comments and depending on their proximity are accompanied by
a Noise and/or Vibration Impact Study. Often the study will also assess noise from
arterial roads. In the case of the subject applications, the study assessed noise and
vibration from the railway, and traffic noise from Mearns Avenue.
5. NoiseNibration Impact Studies are prepared by acoustical engineers. The studies are
prepared in accordance with Ministry of Environment's "Noise Assessment Criteria in
Land Use Planning" and subsequent document "Requirements, Procedures and
Implementation, 1997". The studies assess sources (railway, vehicular traffic) and
proposed receptors (dwellings/lots). Provincial guidelines are established to consider
noise impacts to the following:
• outdoor living areas during the daytime, which in the case of the subject lands, is
the rear yards
• living areas inside the home during the daytime; and,
• inside and outside bedrooms during the nighttime.
6. Complementing policy is contained in the Canadian Pacific Railway's "Principal Main Line
Requirements" (see Attachment 2). Railways are generally not in favour of development
close to their corridors, however their main line requirements contain conditions to protect
the railway's interests should development proceed, as well as future residents. The main
line requirements provide direction on:
• the assessment of noise and vibration
• the need for mitigation of noise and vibration impacts (i.e. mandatory central air
conditioning, noise fencing, brick construction, additional glazing of windows etc.)
• berming to contain potential derailments, and
• fencing to discourage trespass.
7. The standard minimum setback for the construction of a building from the railway right-of-
way is 30 metres (see Figure 2). Vibration protection may be required is within the 75
metre setback.
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Municipality of Clarington
Addendum to Report PSD-047-14 Page 5
Noise and Vibration Feasibility Study
9. The study submitted in support of the subject applications addresses noise generated by
vehicular traffic on Mearns Avenue and railway noise and vibration from the CP Railway
corridor. According the applicants consultant, noise from train whistles is taken in
account when measuring noise at the fagade of the building but not in the outdoor living
areas or rear yards.
10. Typically, CP Railway policies require the provision of a safety berm and sound barrier
totaling 5.5 metres in height. However, the railway is approximately 4 metres of above
the grade of the townhouse units, therefore the noise report recommended clarification
from CP Railway be obtained on this matter. The author highlights the impracticality of
building a berm and/or fence to a height of 9.5 metres, or greater than 30 feet high.
11. All units will satisfy the minimum 30 metre setback from the railway. In fact most of the
units will be located in excess of 75 metres from the railway corridor.
12. The noise report recommended noise attenuation fencing around the four units on the
east side of the Cotton Street extension. Based on decibel ratings and predictions, noise
attenuation fencing was not recommended for the westerly unit of Block 1, provided the
appropriate warning clauses are in place. Central air conditioning units is to be installed
in each unit so that windows may remain closed.
13. All exterior walls require brick construction to maintain indoor noise levels. Certain
windows may require additional glazing which will be determined when detailed floor
plans and elevations are available for the various units.
14. Vibration levels have been assessed and vibration mitigation measures are not required.
Four homes will be within 75 metres but all are greater than 60 metres.
15. The report recommends several warning clauses for the development, specific to the
presence and possible future expansion of the railway and maintenance of noise
attenuation fencing and air conditioning installed to mitigate noise impacts.
Comments from Canadian Pacific Railway
16. Detailed comments from Canadian Pacific Railway are included in Paragraph 72 of PSD-
047-14.
17. As mentioned railways are generally not in favour of development adjacent to their
corridors. However they do provide the guidelines for development as included in
Attachment 3. These guidelines attempt to protect their interests and those of the future
residents as well.
18. The CP Railway accepted the findings of the noise study, but highlighted that noise
attenuation should be provided for the westerly unit in Block 3. The Railway also
confirmed a berm is not required given the distance to the nearest unit. Warning clauses
are requested to be registered on title obligating the developer to notify prospective
purchasers of the presence of the corridor, use of the corridor may expand, increasing
Municipality of Clarington
Addendum to Report PSD-047-14 Page 6
noise may interfere with some activities, and noise attenuation measures are in place to
mitigate noise and must be maintained.
Discussion
19. In staff's opinion the applications satisfy the requirements of Canadian Pacific Railway
and all noise attenuation measures will satisfy Ministry of Environment guidelines with
respect to noise.
20. The development is well beyond the minimum required setback of 30 metres. Most of the
proposed units are beyond the 75 metres. Given the height of the railway relative to the
subject lands, and setback to the proposed dwellings, a berm is not required by
Canadian Pacific Railway.
21. During the review of the applications, Canadian Pacific Railway noted the lack of noise
attenuation for the westerly unit of Block 3 adjacent to Mearns Avenue and through
conditions of approval, Staff required the Owner to go beyond the minimum requirements
and install noise attenuation fencing for this unit.
22. Staff have also reviewed www.proximityissues.ca which is a website by the Federation of
Canadian Municipalities and Railway Association of Canada. The site provides the public
with current resources and reference information on rail infrastructure and operations,
municipal land use planning guidelines, dispute resolution models and government
regulations. Staff note that most of the best management practices recommended by the
"Guidelines for New Development in Proximity to Railway Operations" are already
implemented in Clarington.
23. The applicant's noise consultant was asked for comment relative to the findings of their
February 11, 2013 noise and vibration study. A copy of their response is contained in
Attachment 3. The September 15 letter states that "the predicted sound level in the rear
yard of the flanking lot adjacent Mearns Avenue was determined to be 59 dBA due to
road and rail traffic noise combined". This level is below the 60 dBA that MOE and the
Region stipulate as a requirement for noise barrier. Although a noise barrier is not
recommended in accordance with MOE and Regional policy, the developer has agreed
to install a 2.0 metre tall acoustic barrier to protect the rear yard of the unit abutting
Mearns Avenue. All other recommendations of the report remain applicable, including
the standard warning clauses.
Concurrence
24. Not Applicable
Conclusion
25. Staff do not recommend the deletion of Block 3. The recommendations of PSD-047-14
should be approved.
Municipality of Clarington
Addendum to Report PSD-047-14 Page 7
Strategic Plan Application
26. Not applicable.
Staff Contact: Anne Taylor Scott, Planner 11, 905-623-3379 ext. 2414 or
ataylorscott @clarington.net
Attachments:
Attachment 1 — Report PSD-047-14
Attachment 2 — Canada Pacific Railway's Main Line Requirements
Attachment 3 —Addendum Letter Report, HGC Engineering, September 15, 2014
Attachment 1
Report PSD-047-14
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102
CIUM4011 Report
Planning Services
Meeting: General Purpose and Administration Committee
Date: September 8, 2014 Resolution: By-law:
Report: PSD-047-14 File: S-C-2013-0003 & ZBA 2013-0019
Subject: Proposed draft plan of subdivision and rezoning to permit a 23 unit
residential development
Applicant: Zemer Holdings Ltd.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) That Report PSD-047-14 be received;
b) That the application for the proposed Draft Plan of Subdivision, submitted by Zemer
Holdings Ltd. to permit the development of 23 residential units be supported, subject to
the conditions contained in Attachment 1 to Report PSD-047-14;
c) That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd, be
approved as contained in Attachment 2 to Report PSD-047-14;
d) That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be approved;
e) That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047-14
and Council's decision; and
f) That all interested parties listed in Report PSD-047-14 and any delegations be advised of
Council's decision.
Submitted by: _ Reviewed by:
Da me, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Municipality of Clarington
Report PSD-047-14 Page 2
Report Overview
A 23 unit draft plan of subdivision in Bowmanville is recommended for approval. This
greenfield development proposal by Zemer Developments contains predominantly street
townhouses and 4 semi-detached units along the future extension of Cotton Street. A total of
4.3 ha of Soper Creek valleylands and non-developable lands will be dedicated to the
Municipality. The plan of subdivision will implement the Official Plan, will provide for the logical
extension of existing development to the south, and will assist Durham and Clarington in
achieving population and housing targets.
Application Details
1. Owner/Applicant: Zemer Holdings Ltd.
2. Agent: Michael Smith, Planning Consultants Development Coordinators
3. Proposal: Proposed Draft Plan of Subdivision
To allow the development of 23 residential units, including 19 street
townhouse units, 2 semi-detached lots (4 units), open space, a
parkette, a road and related services
Rezoninq
To rezone the lands from the Agricultural (A) Zone to appropriate
zones that permit the uses as presented in the draft plan of
subdivision.
4. Area of Original Submission: 1.6 ha
5. Area of Revised Submission: 5.18
6. Location: Part of Lot 8, Concession 2, former Town of Bowmanville
(247 Mearns Avenue, Bowmanville)
Background
7. Zemer Holdings Ltd. submitted applications for a proposed draft plan of subdivision and
rezoning on July 19, 2013 in order to develop a 1.6 hectare parcel of land in Bowmanville,
on the east side of Mearns Avenue,just south of the CP Railway corridor. The limits of the
subdivision have been increased to include what was originally depicted as "Other lands
owned by applicant" as an "Open space" block to be dedicated to the Municipality of
Clarington.
8. The draft plan illustrates 19 street townhouse units on the south side of Street 'A' being
the extension of Cotton Street. Four semi-detached units are proposed on the east side
of the Cotton Street extension. The balance of the lands (4.3 hectares) will be dedicated
as Open Space and include a section of the Soper Creek, a tributary and valleylands. It
also includes undevelopable lands adjacent the railway and lands for future expansion of
Municipality of Clarington
Report PSD-047-14 Page 3
Mearns Avenue. An emergency access route is proposed from the end of the cul-de-sac
to Mearns Avenue (Figure 1).
TYPICAL L07 30.50- 193 sq.rn. TYPICAL LOT 331.2 sq.m. --_-------—
TYPICAL TOWNHOML BLOCKS 3 to 5 00 sq.m. TYPICAL SEMI DETACHED LOTS I h 2 117 sq.m.
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Figure 1: Draft Plan of Subdivision
9. A public meeting was held on September 23, 2013 for the purposes of seeking input on
the subject applications. No one spoke to the applications at the public meeting however
staff are in receipt of one written letter of objection and several residents have spoken to
staff with concerns about the applications.
10. Since the original submission, the draft plan of subdivision has been revised as follows:
• Revised location of Street 'A' to increase setback to Soper Creek tributary
• Reduced width of Street 'A' from 20 metres to 18 metres to reduce encroachment
into buffer to Soper Creek tributary
• Adjusted limits of draft plan of subdivision to include "Other Lands Owned By
Applicant" as "Open Space" to be dedicated to the Municipality of Clarington
Municipality of Clarington
Report PSD-047-14 Page 4
• Adjusted unit mix along the east side of Cotton Street extension from a block of five
street townhouse units to two semi-detached lots (four units) to be consistent with
the existing units on Cotton street
11. The subject applications would allow for the lands to the south on Cotton Street to be
developed. The adjacent rezoning application ZBA 2014-0014 proposes to rezone lands
to accommodate 8 units versus the approved 6 units along Cotton Street in the current
location of the temporary cul-de-sac. The application is summarized in recommendation
report PSD-048-14. The lots to be rezoned by the application ZBA 2014-0014 are frozen
until Cotton Street is extended upon development of the lands subject to this report.
12. The applicant submitted the following studies in support of the application and are
summarized in this report:
• Planning Justification Report;
• Environmental Impact Statement;
• Conceptual Stormwater Drainage and Servicing Report;
• Environmental Noise &Vibration Feasibility Study;
• Traffic Impact Study;
• Archaeological Background Study;
• Energy Efficiency and Sustainability Plan;
• Environmental Screening Assessment;
• Soper Creek Tributary Floodplain Report;
• Meander Belt Width Assessment; and
• Geotechnical Investigation Report.
Land Characteristics and Surrounding Uses
13. A single detached dwelling and an accessory building are located on the subject lands
with access via Cotton Street. The lands are otherwise vacant and have been used for
agricultural purposes. The main branch of the Soper Creek and a tributary cross the site
(see Figure 2).
14. The surrounding uses are as follows:
North - Soper Creek tributary, CP Railway, stormwater management pond
South - Existing residential development (townhouse, semi/links, single detached
dwellings)
East - Soper Creek and valley system
West - Draft Approved Plan of Subdivision 18T-95030
Municipality of Clarington
Report PSD-047-14 Page 6
18. Natural features and areas shall be protected for the long term. Development shall not be
permitted in, or adjacent to, significant woodlands and valleylands unless it has been
demonstrated that there will be no negative impacts.
19. The applications are consistent with the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe
20. The Growth Plan requires municipalities to manage growth, and encourages the creation
of complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services. Natural heritage features
that complement, link or enhance natural systems shall be identified and protected.
21. The subject lands are within the greenfield area, and outside of the built-up area. In
greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit-supportive. Reducing dependence on the automobile through the
development of mixed use, pedestrian-friendly environments contributes to achieving
complete communities. I
22. The Growth Plan requires municipalities to achieve a minimum density target that is not
less than 50 residents or jobs per hectare in the designated greenfield area and is
measured across the Region of Durham. The subject development would generate
approximately 55 residents per hectare.
23. The applications conform to the objectives of the Growth Plan.
Official Plans
Durham Regional Official Plan
24. The Durham Regional Official Plan designates the subject lands as Living Area, with an
indication of Key Natural Heritage and Hydrologic Features. Lands designated as Living
Area permit the development of communities with defined boundaries, incorporating the
widest possible variety of housing types, sizes and tenure. The natural environment,
including Key Natural Heritage and Hydrologic Features, shall be given paramount
consideration in light of their ecological functions and scientific, educational and health
values.
25. Mearns Avenue is identified as a Type C Arterial Road.
26. The subject applications conform to the Durham Regional Official Plan.
I
Municipality of Clarington
Report PS®-047-14 — Page 5
Property
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Figure 2: Subject Lands Aerial Photo
Provincial Policy
Provincial Policy Statement (PPS)
.15. Settlement areas shall be the focus of growth. Land use patterns shall be based on
densities and a mix of land uses which efficiently use land, resources and infrastructure
and other public services. A full range of housing types and densities are to be provided
to meet the projected requirements of current and future residents of the regional market
area.
16. The PPS encourages a compact built form which supports the development of
transportation systems that minimize the length and number of vehicle trips and also
supports the development of viable choices and plans for public transit. Compact built
form minimizes negative impact to air quality and climate change and promotes energy
efficiency.
17. Healthy, active communities should be promoted by planning public streets, spaces and
facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate
active transportation and community connectivity.
Municipality of Clarington
Report PSD-047-14 Page 7
Clarington Official Plan
27. Within the Clarington Official Plan, the subject lands are designated Urban Residential
and Environmental Protection Area. The lands are within the Apple Blossom
Neighbourhood which has a current population allocation of 4,750 and a housing unit
target of 1650.
28. The subject lands are within 120 metres of natural heritage features including a
watercourse and significant valleyland. An Environmental Impact Study is required to
assess any development proposals within 120 metres of a natural heritage feature-and to
define the development limit.
29. Mearns Avenue is a Type C Arterial Road and Cotton Street is a local road.
30. The subject applications conform to the Clarington Official Plan.
Zoning By-law
31. Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning
application is required to place the lands in appropriate zones to permit the development
as shown on the proposed draft plan of subdivision.
Summary of Background Studies
Planning Justification Report prepared by Michael Smith Planning Consultants Development
Coordinators dated July 16, 2013
32. The justification report finds that the applications are consistent with the Provincial Policy
Statement and conform to the Greenbelt Plan, Growth Plan for the Greater Golden
Horseshoe, Region of Durham Official Plan and Clarington Official Plan.
33. The proposed development will add to the range and mix of housing types while being
compatible with the surrounding neighbourhood and exemplifies residential
intensification. The compact form and orientation of the development conserves lands,
encourages energy efficiency and minimizes servicing and housing costs. The
development is proposed to be serviced using municipal water and sewer once the
expansion to the Bowmanville water pollution control plant has been completed.
34. It is the consultant's opinion that the applications conform to all applicable policies,
represent good planning and are in the public interest.
Environmental Impact Statement prepared by Beacon Environmental dated March 2013 and
Addendum dated April 9, 2014
35. The objectives of the EIS were to:
Municipality of Clarington
Report PSD-047-14 Page 8
• Identify natural features on and adjacent to the property that pose development
constraints;
• Determine appropriate buffer requirements for said natural features; and
• Identify required mitigation measures in order to reduce any potential impacts.
36. The assessment identified a number of natural heritage features on the subject property
that will be maintained and protected with an appropriate buffer. The report notes the
property consists primarily of agricultural land that is actively farmed. The proposed
residential development will require the removal of approximately 1.63 hectares of
vegetation that is not considered significant. No trees require removal.
37. Development is not proposed within the staked top of bank for the main Soper Creek
branch. Given the gentle slope at this location, the required 6.0 metre safe access can
be located within top of bank.
38. The proposed development will occur entirely outside of the natural hazard area
associated with the Soper Creek tributary. The development allows for a 6.0 metre safe
access outside of the hazard lands for the tributary.
39. From a stormwater management perspective, runoff volumes should be reduced by
implementing low impact design measures to promote natural infiltration across the site.
40. Sediment and erosion control fencing must be installed prior to site preparation and
regularly inspected to ensure that erosion and sediment movement does not occur
during construction.
41. Should vegetation removal be required within the cultural meadow community
immediately east of the residential yard area, removals are to be undertaken outside the
breeding season for birds which is generally between mid-April and July 316t
42. The development has provided a 30 metre buffer to the Soper Creek and its tributary
with the exception of a portion of Street `A' and Lot 1. Through the review of the
applications, the plan was revised to reduce lots widths of the townhouse blocks by 0.5
m, reduce road width from 20 metres to 18 metres and to revise the geometry of the road
elbow. The area of intrusion is approximately 0.12 hectares.
43. The consultant believes the small intrusion can be justified and have noted the
landowners cleanup of the tributary through the Community Stream Stewardship
Program and a proposed planting program within 10 metres of the stream (0.48 hectares
in area) to provide a continuous planted corridor along the tributary to provide a
connection to the wetland/woodland features and the main branch of Soper Creek to the
east. The proposed native species will promote woodland development, function as a
seed source for species to colonize in the open field area to the north, and will provide
shading to improve water quality and habitat.
44. Lot 1 will be fenced as noise attenuation required to the railway. This will assist in limiting
intrusion.
Municipality of Clarington
Report PSD-047-14 Page 9
45. The reports find the development is in compliance with the relevant natural heritage
policies.
Conceptual Stormwater Drainage and Servicing Report prepared by D G Biddle &Associates
Limited dated May 2013 and addendum dated January 2014.
46. The report identifies the servicing opportunities and design parameters, including the
following conclusions:
• The existing sanitary main can be extended from Cotton Street;
• While there is gravity sewer capacity, the existing sewage treatment plant is at
capacity. Additional plant capacity will be available in the spring 2015;
• A watermain can be extended northerly and westerly from Cotton Street to provide
for domestic water and fire protection;
• A storm main can also be extended from Cotton Street
• On-site storm sewers will be sized to accommodate a 5-year return frequency post-
development event
• Temporary sediment controls during construction can be managed by the use of
perimeter enviro fence, construction vehicle access route, catchbasin filtration and
good engineering practices
• Proposed development will be located outside the Slope Stability Setback;
• A 6.0 metre access allowance separate from the development has not been
provided adjacent to the road extension as the road itself provides access
Environmental Noise & Vibration Feasibility Study prepared by HGC Engineering dated
February 11, 2013
47. The assessment addresses noise generated by vehicular traffic on Mearns Avenue and
railway noise and vibration from the CP Railway corridor.
48, Typically, CP Railway policies require the provision of a safety berm and sound barrier
totaling 5.5 metres in height. However, the railway is approximately 4 metres of above
the grade of the townhouse units, therefore the report recommends clarification from CP
Railway be obtained on this matter. All units will satisfy the minimum 30 metre setback
from the railway.
49. Noise attenuation fencing is required around the four units on the east side of the Cotton
Street extension. Central air conditioning units are to be installed in each unit so that
window may remain closed.
50. All exterior walls require brick construction to maintain indoor noise levels. Certain
windows may require additional glazing which will be determined when detailed floor
plans and elevations are available for the various units.
51. Vibration levels have been assessed and since the units are located a minimum of 65
metres from the railways, vibration mitigation measures are not required.
Municipality of Clarington
Report PSD-047-14 Page 10
52. The report recommends several warning clauses for the development, specific to the
presence and possible future expansion of the railway and maintenance of noise
attenuation fencing and air conditioning installed to mitigate noise impacts.
Traffic Impact Study prepared by Tranplan Associates dated April 2013
53. The study concludes that the present road network operates at a good level of service
during peak periods and there is considerable capacity for growth. The traffic generated
will have an acceptable level of impact on the road network. The existing road network
can accommodate the extension of Cotton Street and the additional units without
implementing mitigation measures or improvements to the adjacent road network.
Stage 1 Archaeological Background Study prepared by Amick Consulting Limited dated April
24, 2013, revised November 27, 2013 and Stage 2 Archeaological Assessment dated October
14, 2013
54. The Stage 1 report determined that the study area has archeological potential on the
basis of proximity to water, elevated topography, and the location of an early historic
settlement road adjacent to the study area.
55. The Stage 2 assessment reported on the physical assessment of the ploughed field and
test pits. The report concludes that no archaeological resources were encountered and
recommends no further assessment.
56. The Ministry of Tourism, Culture and Sport has filed both the Stage 1 and Stage 2
Archaeological reports and finds the fieldwork and reporting consistent with Ministry
standards and guidelines.
Energy Efficiency and Sustainability Plan dated April 9, 2013
57. This report addresses the developers' preliminary commitment to energy efficiency,
management of air quality, protection of water quality and quantity, reduction of solid
waste, protection of the natural environment and education of future homeowner's
through a homeowner's guide.
Environmental Screeninq Assessment prepared by Geo-logic Inc. dated May 9 2013
58. Based on observations, information collection and present land use, the report
determined the site has a low level of concern from an environmental perspective and is
suitable for residential lot development based on the screening assessment.
Soper Creek Tributary Floodplain Report prepared by D.G. Biddle Associates Limited dated
April 13, 2012, revised May 24, 2013
59. The report established the regulatory floodline limits of Soper Creek in accordance with
provincial guidelines and in correlation with existing floodplain mapping and
hydrogeological modelling of the Central Lake Ontario Conservation Authority. The
analysis assists in establishing the development limit for the subject lands.
Municipality of Clarington
Report PSD-047-14 Page 11
Meander Belt Width Assessment prepared by Parish Geomorphic dated May 2012 and
addendum dated September 27�, 2013
60, The purpose of this report was to establish the hazard limits from a geomorphic
perspective. The report identifies the erosion hazard limits and meander belt width along
the tributary of the Soper Creek which assists in establishing the development limit for
the subject lands.
Geotechnical Investigation Report prepared by Geo-logic Inc. dated January 2014
61. The geotechnical report provides recommendation regarding earthwork construction,
reuse of existing soils as backfill material, dewatering, serving installation, foundation
and pavement design, and slope stability analysis,
Public Submissions
62. Prior to the public meeting, two individuals contacted staff regarding the application with
concerns about the townhouse development moving forward, including compatibility with
existing semi/link units, impact to property values, and traffic.
63. A letter of objection was received September 15, 2013 by residents of Cotton Street. The
residents would prefer Cotton Street temporary cul-de-sac to become permanent without
being extended and propose that the lands be accessed via Mearns Avenue. Other
concerns include:
• Children's safety
• Increase vehicle traffic
• Impacts to property values
• Ground disruption in vicinity of railway and potential for derailment
64. A public meeting was held September 23, 2013. Other than the applicant, no one spoke
in objection to or in support of the applications. Since the public meeting, one individual
has requested to be added as an interested party to the file,
Agency Comments
Durham Regional Planning
65. Durham Regional Planning recognizes that the proposed subdivision is permitted under
the current designations of the Durham Regional Official Plan. The Region confirms the
development is consistent with the Provincial Policy Statement and highlights the need to
consider overall density targets for the greenfield area,
66. The subdivision agreement must include the recommendation of the Noise Impact Study,
Clearance from the Ministry of Tourism, Culture and Sport regarding the archeological
potential of the site is required prior to final approval. The Region also highlight CL.00A's
role in the review of the environmental reports. The Region accepts the Phase 1 ESA
Municipality of Clarington
Report PSD-047-14 Page 12
findings and recommends the dug well be filled, sealed and abandoned in accordance
with the provincial regulations.
67. The development can be suitably serviced, and accommodated by the existing road
network without significant impacts.
68, The Region has no objections and has provided conditions to include in the final
conditions of draft approval.
Central Lake Ontario Conservation Authority
69, Central Lake Ontario Conservation Authority provided a number of comments relating to
the review of the Environmental Impact Study, Conceptual Stormwater Drainage and
Servicing Report, Tributary Foodplain Report, Meander Belt Width Assessment and the
Geotechnical Report.
70. Central Lake Ontario Conservation Authority reviewed the proposed planting plan for the
tributary corridor and accepts the plan.
71, Central Lake Ontario Conservation Authority has now accepted the finding of the
supporting technical studies and is satisfied that the development can proceed. Central
Lake Ontario Conservation Authority provided conditions to include in the final conditions
of draft approval.
Canadian Pacific Railway
72. To ensure the safety and comfort of adjacent residents and to mitigate as much as
possible the inherent adverse environmental factors, CP Railway requests that the
following comments be considered when drafting the Conditions of Subdivision Approval:
• Typically, railways request that a suitable safety berm be constructed on adjoining
property, parallel to the railway right-of-way. With the closest residential units being
proposed at a set-back of close to 75m from the CPR right-of-way, CP has
confirmed a berm will not be required in this instance.
• Dwellings must be constructed such that the interior noise levels meet MOE criteria.
We have reviewed the Environmental Noise & Vibration Feasibility Study as
prepared by HGC Engineering on February 11, 2013 and support the
implementation of the recommendations contained therein. CP Railway notes the
lack of acoustic barrier for the westerly unit of Block 3 adjacent to Mearns Avenue.
Because of the track curvature, CP Railway believes there will be a flanking
exposure for the rear outdoor living area
• As noted in the Environmental Noise &Vibration Feasibility Study, a clause should
be inserted in all offers to purchase, agreements of purchase and sale or lease and
in the title deed or lease of each dwelling within 300m of the railway right-of-way,
warning prospective purchasers or tenants of the existence of the Railway's
operating right-of-way; the possibility of alterations including the possibility that the
Railway may expand its operations, which expansion may affect the living
Municipality of Clarington
Report PSD-047-14 Page 13
environment of the residents notwithstanding the inclusion of noise and vibration
attenuating measures in the design of the subdivision and individual units, and that
the Railway will not be responsible for complaints or claims arising from the use of
its facilities and/or operations.
Kawartha Pine Ridge District School Board
73. Kawartha Pine Ridge District School Board has reviewed the proposed applications and
indicates that the development may generate up to 6 elementary pupils to attend John
M. James Public School and up to 3 secondary pupils to attend Bowmanville High
School,
Other Agencies
74. Veridian Connections, Canada Post, Durham Region Transit, Enbridge Gas, Bell and
Rogers Communications have no objections to the proposed applications.
Departmental Comments
Clarin_ tog n Engineering Services
75. Clarington Engineering Services accepts the findings of the Traffic Impact Study. The
department has no objection to the approval of the applications, and has offered
conditions of approval and technical comments to be addressed during the detailed
design of the subdivision.
76. The owner will be responsible for the construction of an emergency access between
Mearns Avenue and the cul-de-sac on the west end of Cotton Street. As part of the
engineering works, the owner must also remove the existing temporary turning circle at
the present limit of Cotton Street and reconstruct that portion of the street accordingly.
77. The street has units along the south side only; there is sufficient on-street parking along
the north side of Street 'A'.
78. The Conceptual Stormwater Drainage and Servicing report has provided adequate
justification that the lands can be suitably serviced by existing municipal water and
sanitary services in the area, and that storm water drainage can be accommodated.
79. Conditions of draft approval will require the owner to install fencing along the railway and
adjacent to open space blocks.. The conditions of draft approval will require warning
clauses specific to the nearby railway and proposed rear yard catch basins.
Clarington Emergency & Fire Services
80. Emergency and Fire Services have requested an emergency access route, they also
request that it be signed.
Municipality of Clarington
Report PSD-047-14 Page 14
Other Departments,
81. Clarington Operations and Clarington Building Division have no concerns or objections
with the proposed applications.
Discussion
82. The subject lands are within the urban area and designated for residential development.
However, the site is highly constrained and difficult to develop due to;
• Fixed alignment of Cotton Street;
• Inability to obtain a full secondary access along Mearns Avenue given the future
grade separation of the railway at Mearns Avenue;
• Watercourses/valleylands crossing the site; and,
• Proximity to the CP Railway.
83. Much of the overall site is designated Environmental Protection Area, including the Soper
Creek valley and a minor tributary which traverses the lands. The limits of the subdivision
have been increased to include "Other lands owned by applicant" as an "Open space"
block to be dedicated to the Municipality of Clarington. These lands lack development
potential and including them as part of the Municipality's open space system is the best
use of the lands. The lands would be able to accommodate a trail connection between
the Soper Creek Valley and Mearns Avenue in the future.
84. The street townhouses proposed are 6 metres in width. In recent years, the Municipality
has been requiring 7 metre townhouse lots due to parking concerns. The single loaded
road in this proposal provides for sufficient on-street visitor parking and the 6 metre wide
units can be supported.
85. The proposed draft plan provides a mix of units that complies with the density and
population targets of both the Durham Regional Official Plan and the Clarington Official
Plan. The development would be a sequential and logical extension of existing
development to the south, and would make efficient use of servicing and road
Infrastructure that exists in the area.
86. The parkland dedication, or cash-in-lieu thereof, is based on the limit of the original draft
plan of subdivision would be nominal at 0.084 hectares. Given the plan has been revised
to dedicate 4.3 hectares of open space to the Municipality of Clarington, part of which
can be used for a future trail connection, staff support waiving the parkland dedication
requirement for this subdivision.
87. The EIS and supporting technical studies derived a development limit that takes into
account the many constraints of the site and provides a development plan that generates
an appropriate unit yield. While the development encroaches into the required 30 metre
buffer from the tributary (blue dashed line on Figure 3 below), the applicant proposes an
extensive planting plan for the area illustrated in the orange hatching below. The
approved planting plan includes over 800 native tree and shrub species to mitigate the
Municipality of Clarington
Report PSD-047-14 Page 15
encroachment by shading the watercourse, improving-water quality and habitat, and by
providing a seed source for the vacant open space lands to the north.
Development Figure 3
Plan
247 Meams Avenue Sa.vmanvllle
Legend
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Proposed Developmenl Plan
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(CON5xaler Fah Hobdal)
PlopoSed ReSIo0bon Aleas
—FI60dW(CLOCA 20 11)
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9 F.15113—W I'On5
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Figure 3: Extract from Environmental Impact Study
88. The written and verbal public comments received were in objection to development. The
principal concerns relate to traffic, safety and property values. However', the lands are
designated for urban residential development. Cotton Street has always been planned
to extend northerly. Lots were draft approved in the vicinity of the existing temporary cul-
de-sac and frozen until the extension of Cotton Street is completed. Extending Cotton
Street and development of the lots will have an acceptable level of impact to the
neighbourhood and the concerns raised are not reasons, from a planning perspective, to
deny the applications. The site will enhance the area with publicly accessible open
space.
89. Conditions of Draft approval are included as Attachment 1 and reflect the comments and
conditions provided by staff and agencies. The applicant has provided concurrence with
the attached proposed conditions of Draft Approval.
90. It is recommended that the subject lands be placed in urban residential zones to allow for
the layout of the street townhouse and semi-detached lots. The zones applied reflect
current standards seen in newer subdivisions with respect to lot coverage and setbacks
and consistent with the surrounding neighbourhood. The Holding provision will be utilized
Municipality of Clarington
Report PSD-047-14 Page 16
to ensure adequate access and services are in place prior to development and will be
lifted by Council when the appropriate conditions are met. The proposed Zoning By-law
Amendments are included as Attachment 2,
91, All taxes owing to the Municipality of Clarington have been paid in full.
Concurrence
92, Not Applicable
Conclusion
93, In consideration of all agency, staff and public comments, it is respectfully recommended
that proposed draft plan of subdivision and zoning by-law amendment be approved.
Strategic Plan Application
94, The recommendations contained in this report conform to the Strategic Plan.
Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or
ataylorscott @clarington.net
Attachments:
Attachment 1 - Proposed Conditions of Draft Approval
Attachment 2 - Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Michael Smith, Michael Smith Planning Consultants; Development Coordinators Ltd.
John Passalaqua, Zemer Holdings Ltd,
Michael Loscavo and Sarah Chippior
Greg Tiller
Kathy Godfrey
Attachment 1 to
Municipality of ClaringtonReport PSD-047-14
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2013-0003
DATE: August 26, 2014
Part 1 - Plan Identification
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2013-0003 prepared by Michael Smith Planning Consultants
Development Coordinators Ltd. identified as drawing number 933-00, dated February
3, 2013, as revised and dated August 1, 2014, which illustrates a total of 23 residential
units on 1.6 hectares including: 2 semi-detached lots (4 units); 3 blocks for street
townhouses (19 units); blocks for open space; a road widening and a municipal road,
Part 2— General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy of
the Municipality's standard subdivision agreement can be found at
http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction
of the Municipality and the Regional Municipality of Durham (the "Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
2.4 The subject draft plan of subdivision shall be constructed in a single phase of
development.
Architectural Control
2.5 (1) The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan until
such time as architectural control guidelines and the exterior architectural design
of each building has been approved by the Director of Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control guidelines
for the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Director of Planning
Services.
Marketing and Sales
2.6 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by the
Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in the
sales office which shows the Land Use Plan as approved by the Director of
Planning Services,
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices prior to
any residential units being offered for sale to the public,
(4) The Owner shall prepare and submit a Homeowner's Guide for the purposes of
educating prospective purchasers about the environmentally sensitive features in
the neighbourhood.
Site Alteration
2.7 Draft plan approval does not give the Owner permission to place or dump fill or remove
fill from, or alter the grade of any portion of the lands within the draft plan, The Owner
shall be required to obtain a permit from the Municipality under Site Alteration By-law
2008-114, as amended, for any such work. If any portion of the lands are within an
area regulated by a conservation authority, the Owner shall obtain a permit from the
conservation authority in addition to obtaining approval from the Director of
Engineering Services regarding the intended haulage routes, the time and duration of
the site alteration work and security relating to mud clean up, dust control and road
damage. After registration of a subdivision agreement, the provisions of the
Municipality's standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement,
Part 3 - Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
(a) Street 'A'
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Road Widenings
• A road widening across the entire frontage along Mearns Avenue shown as
Block 6 on the draft plan.
(b) Open Space Lands as shown in Block 7 and 8 on the draft plan.
Part 4— Plans And Reports Required Prior To Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof;
Noise Report
(1) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region of Durham, for review and approval, an updated
environmental noise & vibration feasibility report, based on the preliminary noise
report entitled Environmental Noise & Vibration Feasibility Study, prepared by HGC
Engineering, dated February 11, 2013.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Engineering Services and Central Lake Ontario Conservation Authority.
Restoration Planting Plan
(3) The Owner shall submit a Restoration Planting Plan in accordance with the
Environmental Impact Study Response to Comments letter (April 9, 2013)
satisfactory to the Directors of Planning Services and Engineering Services and
Central Lake Ontario Conservation Authority.
Environmental Sustainability Plan
(4) The Owner shall submit an update to the Environmental Sustainability Plan, dated
April 9, 2013, to the satisfaction of the Director of Planning Services. Such plan shall
identify the measures that the Owner will undertake to conserve energy and water in
excess of the standards of the Ontario Building Code, reduce waste, increase
recycling of construction materials and utilize non-toxic, environmentally sustainable
materials and finishes. The plan shall include the provision of a shade tree for each
lot, or provision for a voucher from a local nursery to allow the purchaser to acquire a
shade tree to provide passive solar gain during the various seasons.
Soils Management Plan
(5). Prior to final registration, the Owner shall provide a Soils Management Plan for
review and approval by the Director of Engineering Services. Such plan shall provide
information respecting any proposed import or export of fill to or from any portion of
the Lands, intended haulage routes, the time and duration of any proposed haulage,
the source of any soil to be imported, quality assurance measures for any fill to be
imported, and any proposed stockpiling on the Lands. The Owner shall comply with
all aspects of the approved Soils Management Plan. The Director may require the
Owner to provide security relating to mud clean up, dust control and road damage.
Part 5 — Special Terms And Conditions To Be Included In The Subdivision Agreement
Environmental Impact Study prepared by Beacon Environmental (March 2013), and
Response to Comments Letter (April 9, 2013)
5.1 The Owner agrees to implement the findings and recommendations of the
Environmental Impact Study and Response to Comments Letter, including:
(1) Protection of Soper Creek and Valley Corridor
No development to occur within staked top of bank. The required 6 metre safe access
can be located within the staked top of bank limit.
(2) Soper Creek Tributary
The proposed development will occur entirely outside of the natural hazard areas.
(3) Fisheries
Development is proposed to occur within 30 metres of the Soper Creek Tributary. To
mitigate and compensate for the intrusion, a 10 metre buffer on the south side of the
tributary and a 15 metre buffer on the north side of the tributary shall be planted with
nodal plantings. The restoration planting plan shall be approved by the Central Lake
Ontario Conservation Authority and the Directors of Planning Services and
Engineering Services in accordance with Condition 4.1 (4). The Municipality of
Clarington will work with the Owner to undertake the required planting.
(4) Stormwater Management
Runoff from paved surfaces should be diverted to the Municipality's existing
stormwater system. Runoff volumes should be reduced by implementing low impact
design measures to promote natural infiltration across the site.
(5) Silt fencing
Prior to site preparation, silt fencing should be installed around the limit of
development to prevent runoff and encroachment into the natural features on the site.
All construction and development related activities should be confined to the
established limit of development. Silt fencing should be regularly inspected and
maintained in good working order throughout the construction period.
(6) Vegetation Removal
Vegetation removals should take place outside the breeding season for birds which is
generally mid-April to the end of July.
5.2 The Owner agrees to implement the findings and recommendations of the
Geotechnical Investigation Report, Cotton Street Extension, prepared by Geo-Logic
(January 2014)
Emergency Access and Connection to Mearns Avenue
5.3 The Owner agrees to construct a 6.0 metre wide emergency access connection
between the terminus of Street 'A' and Mearns Avenue across Block 6. A
construction detail, including signage, shall be provided as part of the Engineering
submission and shall be approved by the Director of Engineering Services and the
Director of Emergency and Fire Services, The Owner shall be 100% responsible for
constructing the emergency access connection and installing signage.
Temporary Turning Circles
5.4 The Owner shall provide for the removal of the existing temporary turning circle at the
present limit of Cotton Street. The applicant must reconstruct the road to an urban
standard, including surface asphalt paving, curb and gutter, boulevard sod,
sidewalks, street lighting, asphalt driveway aprons and street trees at 100% cost of
the Owner.
Noise Attenuation
5.5 (1) The Owner shall agree to implement the noise attenuation measures
recommended in the updated environmental noise & vibration feasibility report,
based on the preliminary noise report entitled Environmental Noise &Vibration
Feasibility Study, prepared by HGC Engineering, dated February 11, 2013 and
shall include any required warning clauses identified in the report. The Owner
shall provide the Region with a copy of the Agreement containing such provisions
prior to final approval of the plan.
(2) The Owner shall not make an application for a building permit for any building on
the Lands until an acoustic engineer has certified that the plans for the building
are in accordance with the Environmental Noise & Vibration Feasibility Study,
prepared by HGC Engineering, dated February 11, 2013, including the
requirements for upgraded glazing and brick exterior wall constructions for all
units.
Existing Structures & Wells
5.6 The Owner shall obtain demolition permit(s) and shall be 100% responsible for the
removal of all existing buildings and structures from the Lands, unless such buildings
or structures are to be preserved for heritage purposes. The Owner shall also be
100% responsible for decommissioning the private well(s) on the lands in accordance
with provincial regulations.
Part 6 —Agency Conditions
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are
required to service this plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which are
required to service other developments external to this subdivision. Such sanitary
sewer and water supply facilities are to be designed and constructed according to
the standards and requirements of the Region of Durham. All arrangements,
financial and otherwise, for said extensions are to be made to the satisfaction of
the Region of Durham, and are to be completed prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied that
adequate water pollution control plant and water supply plant capacities are
available to the proposed subdivision.
(3) The Owner shall submit plans showing the proposed phasing to the Region of
Durham for review and approval if this subdivision is to be developed by more than
one registration.
(4) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the Region.
This shall include, among other matters, the execution of a subdivision agreement
between the Owner and the Region concerning the provision and installation of
sanitary sewers, water supply, roads and other regional services.
(6) The Region of Durham will also provide clearance on Conditions 1, 2.2, 5.7 (1),
and 6.4 (1).
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following:
(a) The intended means of conveying stormwater flow from the site, including use of
stormwater techniques which are appropriate and in accordance with the provincial
guidelines and requirements.
(b) The anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken.
(c) The means whereby erosion and sedimentation and their effects will be minimized
on the site during and after construction in accordance with the provincial
guidelines. The report must outline all actions to be taken to prevent an increase in
the concentration of solids in any water body as a result of on-site or related
works,
(2) The owner shall dedicate the hazard lands and the environmental setbacks to an
appropriate public agency, such as the Municipality of Clarington.
(3) That the hazard lands and the environmental setbacks be designated with a
protective zoning.
(4) The Owner shall submit for review and approval to Central Lake Ontario
Conservation Authority and the Municipality of Clarington, a Landscape Plan for
the environmental setback area adjacent to the watercourse. The landscaping plan
will be implemented as part of the development of the site.
(5) The Owner shall install non-gated fencing along the north boundary of Lot 1 and
the eastern boundary of Lots 1 and 2 to the satisfaction of the Central Lake
Ontario Conservation Authority and the Director of Engineering Services.
(6) The Owner agrees to carry out the requirements and recommendations of the
Environmental Impact Study for 247 Mearns Avenue, prepared by Beacon
Environmental, dated March 2013 and the EIS 'Response to Comments' dated
April 9, 2013.
(7) The Owner agrees to carry out the requirements and recommendations of the
Geotechnical Investigation Report, Cotton Street Extension, prepared by Geo-
logic, dated January 2014.
(8) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(9) The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a. The Owner agrees to carry out the works referred to in Condition 6.2 (1), (2),
(3), (4), (5), (6), (7) and (8) to the satisfaction of the Central Lake Ontario
Conservation Authority.
b. The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
c. The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to the commencement of grading or initiation of any on-site
works.
6.3 Canadian Pacific Railway
(1) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease, and
be registered on title or included in the lease for each dwelling affected by any
noise attenuation measures, advising that any mitigation measures implemented
are not be to tampered with or altered, and further that the Owner shall have the
sole responsibility for, and shall maintain these features.
(2) Dwellings must be constructed such that the interior noise levels meet the criteria
of the appropriate Ministry. A noise study should be carried out by a professional
noise consultant to determine what impact, if any, railway noise would have on
residents of proposed subdivisions and to recommend mitigation measures, if
required. The Railway may consider other measures recommended by the study.
(3) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in
the title deed or lease of each dwelling within 300 m of the railway right-of-way
warning prospective purchasers or tenants of the existence of the Railway's
operating right-of-way; the possibility of alterations including the possibility that the
Railway may expand its operations, which expansion may affect the living
environment of the residents notwithstanding the inclusion of noise and vibration
attenuating measures in the design of the subdivision and individual units, and that
the Railway will not be responsible for complaints or claims arising from the use of
its facilities and/or operations.
(4) The Owner shall obtain concurrence from the Railway should any proposed
alterations to the existing drainage pattern affect railway property, and be
substantiated by a drainage report to be reviewed by the Railway.
(5) The Owner shall construct a 1.83 metre high chain link security fence along the
common property line of the Railway and the development by the Owner at his
expense.
(6) The Owner shall obtain approvals from the Railway should any proposed utilities
under or over railway property to serve the development prior to their installation
and be covered by the Railway's standard agreement.
6.4 Ministry of Culture, Tourism and Sport
(1) The Owner shall carry out a Stage 2 Archaeological assessment of the subject
property and mitigation and/or salvage excavation of any significant heritage
resources to the satisfaction of the Ministry of Tourism, Culture Sport. No grading
or other soil disturbance shall take place on the subject property prior to a letter of
clearance from the Ministry of Tourism, Culture and Sport.
6.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution plan
that allows for the safe installation of all utilities including the separation between
utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is not
possible, easements will be provided at no cost to the utility provider. Proposed
easements are not permitted on lands owned by the Municipality unless it can be
demonstrated that there is no other alternative. Such easements must not
impede the long term use of the lands and will be at the discretion of the Director
of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground for
both primary and secondary services.
Part 7 — Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27,
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the
Municipality's standard subdivision agreement in Agreements of Purchase and Sale for
all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements of
Purchase and Sale for the Lots or Blocks to which they apply:
Railway Noise, Road Noise and Fencing
(1) The Owner shall include the following notice in the Agreements of Purchase and Sale
for Blocks 1, 2, 3, 4 and 5:
(i) Despite the inclusion of noise control features in the design of the subdivision
and.individual units, noise levels from road and rail traffic may be of concern
and may occasionally interfere with some activities of the dwelling occupants
as the noise exposure level may exceed the noise criteria of the Ministry of the
Environment.
(2) The Owner shall include the following notice in the Agreements of Purchase and Sale
for Blocks 1, 2, and the most westerly unit of Block 3:
(i) Noise attenuation fencing is a required feature for this lot to assist in reducing
the noise levels to comply with Ministry of the Environment standards. This
fencing must be located on the private property portion of the lot and must be
designed and constructed in compliance with the recommendations of the
noise attenuation report prepared by HGC Engineering dated February 11,
2013, and any addenda thereto. The maintenance of this fencing is the
responsibility of the owner of the lot after the developer has been released
from any further responsibility for the fence.
(3) The Owner shall include the following notice in the Agreements of Purchase and Sale
for Blocks 1, 2, 3, 4 and 5:
(i) The dwelling unit located on this lot has been equipped 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 the
Environment's noise criteria.
(ii) Warning: Canadian Pacific Railways Company or its assigns or successors in
interest has a right-of-way within 300 m from the land subject hereof. There
may be alteration to or expansions of the railway facilities on such right-of-
way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may
affect the living environment of the.residents in the vicinity, notwithstanding
the inclusion of any noise and vibration attenuating measures in the design of
the development and individual dwellings. CPR will not be responsible for any
complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way.
(iii) Purchasers and tenants are notified that despite measures to attenuate noise
caused by the adjacent railway, whistling from oncoming trains may be heard
on a regular basis. Train whistling protocol is regulated and enforced by
Transport Canada.
Nearby Farm Operations
(1) The Owner shall include the following warning clause in agreements of purchase and
sale for Blocks 1, 2, 3, 4 and 5:
Farm Operations —There are existing farming operations nearby and that such
farming activities may give rise to noise, odours, truck traffic and outdoor lighting
resulting from normal farming practices which may occasionally interfere with
some activities of the occupants.
Catchbasins
(1) The Owner shall include the following notice in agreements of purchase and sale for
Blocks 3, 4 and 5:
Catchbasin —A catchbasin and associated underground piping has been
installed on this lot. The catchbasin is designed to accept drainage from this lot
and adjacent lots. The property owner must not impede or alter the catchbasin or
the drainage patterns in any way.
Part 8 -Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning
Services shall be advised in writing by,,
(a) Region of Durham how Conditions 1, 2.2, 5.7(1), 6.1 and 6.4(1) have been
satisfied;
(b) Central Lake Ontario Conservation Authority, how Condition 6.2 has been
satisfied;
(c) Canadian Pacific Railway, how Condition 6.3 has been satisfied; and,
(d) Ministry of Culture, Tourism and Sport, how Condition 6.4 has been satisfied.
Part 9 - Notes To Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings given
to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
9.3 If final approval is not given to this plan within three (3) years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall be
closed. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal subdivision
agreement, a copy of the agreement should be sent to the agency in order to facilitate
their clearance of conditions for final approval of this plan. The addresses and telephone
numbers of these agencies are;
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623,
Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario
L1 H 3T3 (905) 579-0411.
(c) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800, Mississauga,
Ontario L5C 4R3.
Attachment 2 to
Municipality of Clarington Report PSD-047-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for
ZBA 2013-0019;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)Zone"to"(H) Holding-Urban Residential Exception ((H)R1)Zone";
"Agricultural (A)Zone"to"(H) Holding-Urban Residential Exception((H)R3)Zone"; and,
"Agricultural (A)Zone"to"Environmental Protection (EP)Zone"
as illustrated on the attached Schedule"A"hereto.
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
BY-LAW passed in open session this_,day of September, 2014.
Adrian Foster, Mayor
C,Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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Zoning To Remain EP
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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DcEHEUCE SCHEDULE 3
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Attachment No. 2 to
Municipality of Clarington Addendum to Report PSD-047-14
CANADIAN
PACIFIC
RAILWAY PRINCIPAL. MAIN LINE REQUIREMENTS
1. Berm,or combination berm and noise attenuation fence,having extensions or returns at the ends,to be erected on
adjoining property,parallel to the railway right-of-way with construction according to the following:
a) Minimum total height 5.5 metres above top-of-rail;
b) Berm minimum height 2.5 metres and side slopes not steeper than 2.5 to 1.
c) Fence,or wall, to be constructed without openings and of a durable material weighing not less than 20 kg.par
square metre(4 Ibfsq.ft.)of surface area.
No part of the berm/nolse barrier Is to be constructed on railway property.
A clause should be inserted In all offers of purchase and sale or lease,and be registered on title or included in the
lease for each dwelling affected by any noise and vibration attenuation measures,advising that any berm,fencing,
or vibration isolation features implemented are not to be tampered with or altered,and further that the owner shall
have the sole responsibility for and shall maintain these features.
Dwellings must be constructed such that the interior noise levels meet the criteria of the appropriate Ministry. A
noise study should be carried out by a professional noise consultant to determine what impact,If any,railway noise
would have on residents of proposed subdivisions and to recommend mitigation measures,if required. The Railway
may consider other measures recommended by the study.
2. Setback of dwellings from the railway right-of-way to be a minimum of 30 metres. While no dwelling should be
closer to the right-of-way than the specified setback,an unoccupied building,such as a garage,may be built closer.
The 2.5 metre high earth berm adjacent to the right-of-way must be provided in all instances.
3. Ground vibration transmission to be estimated through site tests, if in excess of the acceptable levels,all dwellings
within 75 metres of the nearest track should be protected. The measures employed may be:
a) Support the building on rubber pads between the foundation and the occupied structure so that the maximum
vertical natural frequency of the structure on the pads is 12 Hz,
b) Insulate the building from the vibration originating at the railway tracks by an intervening discontinuity or by
installing adequate insulation outside the building, protected from the compaction that would reduce Its.
effectiveness so that vibration in the building became unacceptable;or
c) Other suitable measures that will retain their effectiveness over time.
4. A clause should be Inserted In all offers of purchase and sale or lease and in the title deed or lease of each dwelling
within 300m of the railway right-of-way,warning prospective purchasers or tenants of the existence of the Railway's
operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its
operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of
noise and vibration attenuating measures In the design of the subdivision and individual units,and that the Railway
Wit not be responsible for complaints or claims arising from the use of its facilities and/or operations.
5. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence
from the Railway,and be substantiated by a drainage report to be reviewed by the Railway.
6. A 1.83 metre high chain link security fence be constructed and maintained along the common property line of the
Railway and the development by the developer at his expense,and the developer Is made aware of the necessity of
Including a covenant running with the lands,in all deeds,obliging the purchasers of the land to maintain the fence in
a satisfactory condition at their expense.
7. Any proposed utilities under or over railway property to serve the development must be approved prior to their
Installation and be covered by the Railway's standard agreement.
Attachment No. 3 to
Municipality of Clarington Addendum to Report PSD-047-14
No.Oil'
IN Ilovto Gastrneler Chaianlit t.itttlted
4 2000 Attrentl;t Road,1�17ea One,Siitie 203
Nlississatitia.Ontatin,Canada 1.5N 1117
HGC ENGINEERING t, �ros.a�r,.rlata
September 15,2014
John Passalacqua
E-IvfATL: jollt1l��ss(Di of er s core
Re: Responses, to Comments,Proposed Residential Development,2x17 Mear'rls Avenue,
Bownrarrville, Ontario
Dear John,
As requested,we have prepared some responses and clarification to comments provided by the
Municipality of Clarington in their emails dated June 13,2013, September 11,2014,September 12,
2014 and Canadian Pacific(CP)railway in their email dated October 28,2013. The conrnrents are in
reference to our latest noise report for the development site,entitled,"Environmental Noise&
Vibration Feasibility Study,247 Mearns Ave,Bownrarrville, Ontario"dated February 11,2013.
The latest revised draftplan prepared by Michael Smith Planning Consultants dated June 11,2014 is
attached for reference,
Ultimate road traffic data was obtained from the Region of Durlrani and rail traffic volumes were
projected, in accordance with MOE guidelines.Our noise report dated February 11, 2013
recommended acoustic barriers for the rear yards of Units 20 to 24(new semis Lots 1 and 2)clue to
the flanking exposure to rail traffic on the CP railway line.
Our report did not recommended an acoustic barrier for the flanking rear yard of Unit 1 (new Block 3
end unit)adjacent to Mearns Ave. The predicted sound level in the rear yard of the flanking lot
adjacent to Mearns Avenue was determined to be 59 dBA due to road and rail traffic noise
combined.'Phis solnid level (toes not trigger the requirement for a noise fence.Typically the MOE,
and the Region of Durham require acoustic barriers when rear yard sound levels are predicted to be
greater than 60 dBA. Also the rear yard of Unit 1 in Block 3 is partially shielded by the dwelling
itself from the railway,therefore sound levels are less than those in rear yards on the cast side of the
(levelopment.
Regardless, the developer is proposing to include an acoustic barrier,2.0 in in height for the.flanking
rear yard(new end unit of Block.3). The acoustic barrier recommendations are drown in the attached
figure.
Our February 11,2013 noise report also recommended standard noise vwarning clauses as contained
in the MOE guidelines.These warning clauses are to be included the property and tenancy
agreements for purchase and sale for each lot in the development.We understand that the following
noise warning clause is to be included in the agnreements of purchase and sale for ail the blocks,
(1) The Owner shall include the following notice in the Agreements of Purchase and Sale 1'or
�o,f.3
ACOOSHGS NoISF VIGR,SiION vnvst.hacenalOeerlt�g.tnm
Responses to Comments Page 2
2117 Mearns Avenue, Bowmanville,ON Selrtember 15, 2014
Blocks 1,Z,3,el and S;
Desl»to the inchuion of noise control.14ma-es in the design ref the subdivision and individual
tl))ibi, noise levels fiunt toad and tail iraflic tnaa�Ise of concern a)ul nuty occasin)rally
irtJel ft?)-e at)ith Sot]te actil,ities of the d}t,ellinf;vcct/l)(IIIIS(IS the))vise a posNre level mqv
uceed the noise criteria Ofthe kfini.Sny of the ITm4 ilm"Yrt.
This is a standard warning clause to notify future occupants of the sound level excesses due to
transportation noise sources. Other noise warning clauses were also identified in our February 11,
2013 noise report,
The other recommendations contained in our>iebroary 11, 2013 noise report remain applicable.
Trusting this information is sufficient for your present purposes. Please call if you have any further
questions or require clarification.
Yours truly,
Howe Gastnieier ChapniIc Limited
T"ca,.�..��-!
APIs. Sheeba Paul