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HomeMy WebLinkAboutPSD-047-14 (Addendum) Unfinished Business (b) If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 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. �». TYP CAL LOT 30.5.8 - 183 q.m. TYPICAL LOT 331.2 sq.m. TYPICAL TOWNHOME BLOCKS 3 to 5 90 sq.m. TYPICAL SEMI DETACHED LOTS I k 2 117 ® 50 7.MAXIMUM LOT COVERAGE = 50 9.MAXIMUM LOT COVERAGE I �� RAILWAY,._ , or 1 '✓ ,' z f 06N, CE DE�O'C A `. q1 IegA .06.0176 1.616.01 eaeA xA1)A ).01eA1e.016A 10A1A 1 � -...i ,f f. y� I OR N 31 1 QLQ 1�4 I a L I PUNIT� I n 114" ..J ., I IBVNITSII.:'�... 6 — — OPEN SPACE SCALE: EXISTING RESIDEAMAL . r— —' -A\e �, ape+\ 20 0 - lam Figure 1: Draft Plan of Subdivision 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. • • - • • - • • 1 � ' , • - 1 - - a■ >a-c�,eY # 9 ,y Y' a i°«Lliii�•ra� V � '""° xs swi K"`-�' .of , IMI�PF, y�l • �� �`�j� lk- le �•�� � ��w�• J1�*rYNf '•-� -!♦W���` �y✓ .. rye 4 lam '!� - Y!Iki�9�►iiYii � -: #. 001 1 _ ,.w 'jt- POOR g`R +j. :: '. ..'a •��Ii1Y. _ro. el � 'CA `'�*'1�,:.'iY•ti , )F. Yql i1.dltt�ua . `r mob. I 404 �l v ��� �`" - 'a� � 9 v'r✓w.' �''....� f��!W�iM��-y��'� �P�' �!•1"tl•s+ - nos �F�1 - � IM'r T•wz.�ilN �;��ab�` �w'r s��„' � `�.' T�'.� .'11�?Pl.l� r � .=, � � 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. - SO x MAXIMUM.LOT COVERAGE = 50 2 MAXIMUM LOT COVERAGE (' RAILWWAY_ I I J ^ft0r BL 81 1 9A,EWSP�iC� I I ' I 9• \STReET «._ 0 A i. a0 o w',0 ,a 1691#0lao�.0 74 as laolaolaolwl at , � - p 3 I gLQC}{ W .., .I i'P I _4 OPEN SPACE I I I I is Y•�. � a \ SCALE: EXISTING RESIDENTIAL v� 0 t\--' t ao o ao Mom P 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 IV s x #; a �.. 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 —SWOO P.Peny is 2 w) Proposed Developmenl Plan SUked Top of Pank(CLOCA,20 11) Y/.11tIe0f5t Wafxltoursr'dJ m Stiller (CON5xaler Fah Hobdal) PlopoSed ReSIo0bon Aleas —FI60dW(CLOCA 20 11) L.. � .. 9 F.15113—W I'On5 Web klapyng Strvlet 2012 \ UT41 Zone 17 N.R e3 0 is 30 P J00 f ( l l l l l I l l BEACON ,: F NV IA U N fA E N 1 AL 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. W Z w •'•a jJ>>°,>a 7>J)>>Jaa j>t�)�>»JJ>Ja�'Ja: l aJ ) J3 J i» J Jaa »J a J J 7 a > > >J J aa. 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I STREET'A' •'�••ia�J>j>�?JJ>'a,a JJ7 i>»J>aJ>,JJ�)>y7>>?J � I _ -�.•.'t•• _ :••••>?»Jy7�J>,?JJa>>j»>�J,Ji>aa}J�'i)JJ a>J�JJj jJ .•! ,>Ja J7J»raj Ja)>JJ J>>J�Jj7JJa,aJJa j,7)7aJ �J BLOCK LOCK SLOG 5 :'J>J»))raj�J,]JJ aiai7JJJa)aaa J., C)r. »Jja»>,3JJ 7]JJJ)j7>a7j j1'>i�]JJ�J)3>'J J 3>iJ)Ja I I �O °2 N Ip ®Zoning To Change From"A"to"(H)R1" ®Zoning To Change From"A"to"(H)RW Zoning To Change From"A"to"EP" Zoning To Remain EP Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk AI 'L t k+ o R fi USRE f SDHGN9HIH A4EJIU� ECNG':JGRiH 4yJ RfH AYE`IU FT u�p RN Ei�ND DRNE rdIR1ER u Sr ER E"� d o � � E CPESC M; t •hiWAl,U ° F,O N l sew N 2 ,1i A E G 1 l " P fU _ � � SPRUCEYIO�D CRF9CEH1 Bowmanville ZSA 2013.0019 DcEHEUCE SCHEDULE 3 M__" PqTMTMM 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