HomeMy WebLinkAboutPSD-015-16 Clarington
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Report
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Report To: Planning and Development Committee
Date of Meeting: February 1, 2016
Report Number: PSD-015-16 Resolution: per_ U3U�1 L�
File Number: S-C 2015-0001, By-law Number: ail U1
ZBA 2015-0002, SPA 2015-0001
Report Subject: Applications by H & H Properties Inc. to develop 68 Low Density
Multi-Unit Residential Dwellings and 9 Single Detached Units
Recommendations:
1. That Report PSD-015-16 be received;
2. That the application for Draft Plan of Subdivision S-C-2015-0001 submitted by H & H
Properties Inc. be supported subject to conditions as contained in Attachment 2 of Report
PSD-015-16;
3. That the Zoning By-law Amendment application submitted by H & H Properties Inc. be
approved as contained in Attachment 3 of Report PSD-015-16;
4. That Council approve, in principal, the closure and conveyance of Cloverfield Street, east
of Centrefield Drive to the limits of the H & H Properties Inc. development proposal;
5. That once all conditions contained in 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;
6. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-015-16 and
Council's decision; and
7. That all interested parties listed in Report PSD-015-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-015-16 Page 2
Report Overview
It is recommended that the development applications for a plan of subdivision and rezoning
submitted by H&H Properties Inc. be approved. Future applications for site plan and plan of
condominium will be considered by staff under delegated authority based on these approvals.
The original application provided for an 80 unit development of one or one and a half storey
townhouses and semi-detached dwellings in a common elements condominium. The revised
proposal inserts a row of 9 lots for single detached dwellings along the west side of Tooley
Road and reduces the size of the block for multi-unit development allowing for up to 68
townhouses and semi-detached dwellings. The primary access, by virtue of convenience and
destination, will be off Centrefield Drive.
The concerns of the residents have been carefully weighed and responded to through the
application process and the related consideration of the Neighbourhood Design Plan revisions.
1 . Application Details
1.1 Owner/Applicant: H & H Properties Inc.
1.2 Agent: D.G. Biddle and Associates
1.3 Proposal: Development Concept:
Original:
80 unit development comprising 72 one-storey townhouses and 8
semi-detached dwellings within a block. Eight one-storey
townhouses would have reverse frontages on Tooley Road with a
setback 7.6 metres from the road allowance, with landscaping
and architectural finishes on the front elevation.
Revised:
78 unit development comprising 10 single detached residential
lots on Tooley Road and 68 multi-residential one-storey
dwellings, within an interior block. These units include, 8 semi-
detached units and 60 townhouse units, in blocks of 3 and 4.
The 10 single detached dwellings on Tooley Road are proposed,
with a 6 metre setback from the road allowance, with double car
driveways and garages. The applicant subsequently agreed to
reduce the number of single detached dwellings to 9 with 17
metre frontages.
Municipality of Clarington
Report PSD-015-16 Page 3
Draft Plan of Subdivision:
Original:
To create one block to allow for the registration of a common
elements condominium, other blocks for road widenings.
Revised:
To create 9 single detached lots on Tooley Road, a block for a
common elements condominium and other blocks for road
widenings.
Zoning By-law Amendment:
Rezoning from "Holding-Urban Residential Type One ((H)R1)
Zone" and "Urban Residential Type One (R1) Zone" to an
appropriate zone to permit the development.
1.4 Site Area: 3.807 hectares (9.4 acres)
1.5 Density: 21.2 units per hectare
1.6 Location: The lands subject to these applications are located
approximately100 metres north of Nash Road, west of Tooley
Road, being Part Lot 33 Concession 3, in the former Township of
Darlington (see Figure 1).
1.7 Within Built Boundary: Yes
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Municipality of Clarington
Report PSD-015-16 Page 5
Figure 2: Original Submission
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2.2 In consideration of the comments received by area residents, the applicant revised the
proposal by eliminating the townhouse units fronting onto Tooley Road and replacing
them with 10 single detached units, with 15 metres of frontage resulting in a reduction
in size of the block and the number of townhouses and semi-detached units to 68
units, for a total of 78 units; eliminating one of the two access points onto Tooley
Road, and adding a new private access to Centrefield Drive by closing Cloverfield
Street (see Figure 3).
Municipality of Clarington
Report PSD-015-16 Page 6
Figure 3: Revised Submission
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2.3 As a result of the proposed changes, the Neighbourhood Design Plan, there are ripple
effects on adjacent lands and staff felt that it was also appropriate to review other
portions of the neighbourhood. The public engagement process on the neighbourhood
plan review is detailed in Section 2 of PSD-014-16.
3. Land Characteristics and Surrounding Uses
3.1 The lands subject to the applications were assembled from eight parcels, with frontage on
Nash Road, Tooley Road and Cloverfield Street. There are two homes that will be
Municipality of Clarington
Report PSD-015-16 Page 7
demolished to facilitate this development, fronting on Tooley Road. The subject lands are
relatively flat with low lying vegetation and mature trees, some of which have been
removed. (See Figures 4 and 5).
Figure 4: Looking west from Tooley Road Figure 5: Looking east from Cloverfield Street
TICE
3.2 The surrounding uses are as follows:
North - residential on large lots and vacant lands
South - residential and church
East - residential on large lots
West - urban residential
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy
liveable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreation, park and open space, and other uses to meet long
term needs. Some relevant policies are:
• New development shall occur adjacent to built-up areas and shall have compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
• New housing is to be directed to locations where infrastructure and public services
are or will be available.
• A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
Municipality of Clarington
Report PSD-015-16 Page 8
• Infrastructure and public service facilities shall be provided in a coordinated, efficient
and cost effective manner.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Courtice Urban Area. Municipalities
are encouraged to create complete communities that offer a mix of land uses,
employment and housing options, high quality open space, and access to stores and
services. In particular:
• Growth is to be accommodated in transit-supportive communities, to reduce
dependence on the automobile, through the development of mixed use, pedestrian-
friendly environments.
• Growth shall also be directed to areas that offer municipal water and wastewater
systems.
• Municipalities should establish an urban open space system within built up areas.
• Municipalities must accommodate residential development in the built-up area.
4.3 The applicant's original and revised proposals, provide for an expanded array of housing
types. The revised proposal will require the extension of sanitary services from Nash
Road. The site is in close proximity to a Durham Region Transit Route on Nash Road, a
public elementary school, a neighbourhood park, and commercial uses and services on
Courtice Main Street. Both the original and the revised proposal would be consistent with
the Provincial Policy Statement and conform to the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area, permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
to provide living accommodations that address various socio-economic factors. The
proposed development is permitted within the Living Area designation.
5.2 Clarington Official Plan
5.2.1 The lands are designated as Urban Residential with a separate elementary school and
medium density symbol in the vicinity of the site. The lands are within the Worden
Neighbourhood, which has a population allocation of 3900 and a housing unit target of
1300, including 85 medium density units and 50 units for intensification.
Municipality of Clarington
Report PSD-015-16 Page 9
5.2.2 The Low Density designation allows a density of 10 to 30 units per net hectare and the
predominant form of housing is single and semi-detached units, but does not preclude
other housing types.
5.2.3Tooley Road is a collector road with a planned width of 23-26 metres and sidewalks are
intended to be on both sides.
5.2.4As per the policies of the Official Plan, the Worden East Neighbourhood Design Plan was
approved in 2002. An amendment to the Neighbourhood Design Plan is required, to
delete the separate elementary school site, the extension of Cloverfield Street, the single
detached dwellings on the south side of Cloverfield Street, with one block for the
proposed multi-unit residential development and 9 lots. Staff have recommended
changes to the Neighbourhood Design Plan, as discussed in PSD-014-16.
6. Zoning By-Law
6.1 Zoning By-law 84-63 zones the subject lands "(Holding) Urban Residential Type One"
and "Urban Residential Type One (R1)" Zone. An application for rezoning is required to
permit the proposed development.
7. Summary of Background Studies
Please note that the Summary of Background Studies all refer to the original submission.
7.1 Planning Justification Report, D.G Biddle &Associates December 2014
The report submitted in support of the application, states that the proposed residential
development is consistent with the Provincial Policy Statement, the Growth Plan and both
the Region of Durham Official Plan and Clarington Official Plan. It meets the definition of
infill and intensification, as it is located within a built up area and settlement boundary.
The proposed development will rely on existing public infrastructure, including water,
sanitary sewer services and it is close to public transit, which provides access to the
commercial amenities and services, both locally, as well as the broader region.
The proposed site plan meets with the objectives of the Urban Design Policies, as it will
create an inviting streetscape through building siting and landscaping. The access points
promote walkability to amenity areas within community. There is sufficient off-street
parking to ensure there is no conflict with traffic on Tooley Road and there will be barrier
free and visitor parking in keeping with the requirements of the zoning by-law.
The Functional Servicing Report states that stormwater for the single block will be
handled on site, with a private stormwater management pond which will adhere to
Clarington's current standards for stormwater retention and release.
The Traffic Impact Study states that traffic generated will have a minimal impact on the
intersections of Tooley Road and Nash Road and Centrefield Drive and Nash Road, and
Municipality of Clarington
Report PSD-015-16 Page 10
the proposed site entrance driveways (on Tooley Road) will provide good levels of
service for the proposed development.
7.2 Traffic Impact Study, Tranplan Associates, December 2014
The Traffic Impact Study examined the anticipated impacts of the proposed development.
The study considered peak periods in the morning and afternoon at the intersections of
Tooley Road/Nash Road and Centrefield Drive/Nash Road. Both intersections are
experiencing a good level of service.
Traffic projections to 2020 were also examined. The report did not recommend any road
improvements, including turning lanes at intersections. It also concluded that there is no
justification, based on current local traffic volumes and traffic patterns, to build Cloverfield
Street from Centrefield Drive and Tooley Road.
7.3 Phase One Environmental Site Assessment, Geo-logic Inc. September 2013
Based on site reconnaissance inspection, surrounding property uses and historical
documentation, the report concluded that there are no areas of environmental concerns
that would require a Phase Two Environmental Site Assessment.
7.4 Preliminary Stormwater Drainage and Functional Servicing Report, D.G. Biddle and
Associates, December 2014
The site will be serviced from the existing watermain on Tooley Road. The sanitary sewer
currently exists on Tooley Road, but only 80 metres north of Nash Road. The Region of
Durham advised that the extension of sanitary sewers north to McLean Road has been
budgeted for and will be installed in 2016. As such, the proposed development will be
serviced from Tooley Road.
The storm sewer system is proposed on-site and will be designed in keeping with
municipal standards, although it will be owned and maintained by the condominium
corporation. The single detached dwellings will connect to the storm sewers on Tooley
Road.
7.5 Geotechnical Investigation, Geo-logic Inc. September 2013
The geotechnical investigation concluded that based on test pits and on-site observations
the site is suitable for development.
7.6. Species Risk Assessment, Niblett Environmental Associates Inc. October 2013
The study concluded there are no milksnakes or milkshake habitat on the subject site or
within 120 metres of the site. No butternut trees were found during the site investigation.
Municipality of Clarington
Report PSD-015-16 Page 11
8. Public Notice and Submissions
8.1 On March 10th, 2015, a Public Information Centre was held to introduce the proposal and
to gather input from area residents. Approximately 40 residents attended.
8.2 A Public Meeting was held on March 30, 2015. The Public Notice was given by mail to
landowners within 120 metres of the subject site and Public Notice signs were placed on
Tooley Road, Nash Road and the end of Cloverfield Street. A number of residents
attended and six individuals spoke in opposition to the development applications.
A petition with 300 signatures, in opposition, was also submitted. One individual spoke, in
support of the application.
8.3 At the April 12, 2015 Council Meeting, one individual appeared in opposition to the
proposal.
8.4 Through submissions, area residents have expressed many concerns which are
summarized below:
• The form of development is not compatible with the rural character of the
neighbourhood;
• Proposed development will set a precedent for higher density development;
• Peaceful and quiet neighbourhood will be impacted;
• Increased traffic on Tooley Road and on surrounding roads. Tooley Road, Nash
Road and Valleycrest Drive will increase wait time for motorists and these roads are
unsafe for pedestrians;
• More on-street parking;
• The proposed stormwater management pond will attract geese and mosquitoes;
• Negative impact on the environment, wildlife and trees;
• Negative impact on existing wells;
• Concern with appearance of units backing onto Tooley Road; and
• Fencing along existing residential lots.
8.5 Staff have also received letters of support, stating that the proposed one-storey style
condominium housing is desirable for "empty nesters". The lands are close to local
amenities and the form of housing is desirable for people wanting to downsize, yet stay in
Courtice.
8.6 On January 19, 2016, a round table discussion was held with the area residents who had
made submissions on the proposal following the November 10, 2015 meeting. Key areas
of discussion were:
• The number of single detached dwellings now proposed for the frontage;
• The setback of the residences, the size of lots, parking and driveways;
Municipality of Clarington
Report PSD-015-16 Page 12
• The potential for the single detached units to be two storey buildings, built close to
the road and creating a "wall" effect;
• The potential design, landscaping and setback of the original proposal for reverse
frontage townhouses;
• Visitor parking within the complex and potential for spillover out onto Tooley Road;
• Number of entrances to the multi-unit block on Tooley Road;
• Sufficiency of private greenspace within the complex and the municipal parkland
requirements; and
• Potential for this being a precedent for other developments on Tooley Road.
As the residents better understood the concept of the townhouses, a number of the
residents preferred the original concept with the one-storey townhouses with the
upgraded facades and landscaping. Although this introduced a different form of housing,
some felt that it would better maintain the green edge along Tooley Road,
8.7 All comments will be addressed in Section 11 of this report.
9. Agency Comments
9.1 The Region of Durham, Region of Durham Planning and Economic Development
Department, states that the lands are designated as Living Area and shall be used
predominantly for housing purposes, with the widest variety of housing types, sizes and
tenure. Living Areas shall be developed in a compact form through higher densities by
intensifying and redeveloping into existing areas. The proposed development is permitted
by the regional official plan, as it supports infill development within the urban area,
implementing the intensification policies.
The proposal is consistent with the Provincial Policy Statement, as it is consistent with
healthy, livable and safe communities by accommodating an appropriate mix of
residential dwelling types.
The subject lands are within the Built-up Area of the Growth Plan. This Plan includes
policies to direct development to settlement areas, and provide direction for intensification
targets within Built-up Areas. The proposal provides for a variety of residential forms
which will provide for intensification within an existing residential area and is consistent
with the Growth Plan.
A Stage 1 archaeological assessment must be completed and submitted to the Ministry of
Culture, Tourism and Sport for review and approval.
The Phase One Environmental Site Assessment (ESA), states that no further site
investigation is required. Region will require the owner to extend reliance to the Region
to enable the Region to rely on the findings of the Phase 1 ESA, by completing the
Reliance Letter and Certificate of Insurance.
Municipality of Clarington
Report PSD-015-16 Page 13
Regional Services
Municipal water supply is available to service the proposed development on Tooley Road.
Municipal sanitary sewers are located on Tooley Road, 81 metres to the south. The
Region is proposing to extend the sanitary sewer on Tooley Road north to McLean Road,
in 2016.
9.2 CLOCA staff reviewed the Functional Servicing and Stormwater Drainage Report, the
Draft Plan, as well as the Associated Engineering drawings, and advises that the reports
and drawings present sufficient information for CLOCA to support the applications,
subject to conditions of draft approval.
9.3 Kawartha Pine Ridge District School Board advises that any students generated by this
development would attend S.T. Worden Public School and Courtice Secondary School.
The school boards support the sidewalks internal to the site, as well as on Tooley Road
and Cloverfield Street.
10. Departmental Comments
10.1 The Engineering Services Department has reviewed all aspects of this proposal and does
not object to the development, in principle.
Every effort must be made to minimize the importing and exporting of fill material. Should
Site Alteration Works be necessary, in advance of the site plan approval, a permit is
required from the Municipality, under Site Alteration By-law 2008-114. Should Site
Alteration Works be necessary, as part of the site plan approval, a Soils Management
Report shall be submitted to the Director of Engineering Services, for approval.
Access points for the multiple unit block is now proposed on both Tooley Road and
Centrefield Road, which will disperse the traffic over two streets and will reduce impacts
at the Tooley Road and Nash Road intersection. Additionally, the access added to
Centrefield Road will provide for direct access to a signalized intersection, as
signalization of the Nash Road and Centrefield Road intersection is planned for 2016
(pending Council approval). Based on anticipated future traffic volumes on Tooley Road,
the proposal will not pose a traffic concern.
The short stub of Cloverfield Street between Centrefield Road and the proposed
development must be legally closed by Council by-law and conveyed to the applicant.
The applicant must remove all above ground and below ground infrastructure prior to
development proceeding.
Development cannot proceed until the sanitary sewer is installed on Tooley Road by the
Region, anticipated in 2016. The rehabilitation of Tooley Road by the Municipality is
anticipated in 2017.
Municipality of Clarington
Report PSD-015-16 Page 14
The applicant will be required to install a sidewalk on the west side of Tooley Road from
Nash Road to the north property boundary.
The proposed stormwater management pond is for the multi —unit block. It is private and
will be maintained by Condominium Corporation. The nine single detached dwellings will
connect into the storm sewer on Tooley Road.
The Owner will be required to pay an appropriate share for the oversizing of storm
sewers on Nash Road.
The applicant will be required to pay the appropriate cash, in lieu of parkland dedication.
10.2 Emergency and Fire Services have no objections.
10.3 Operations has no objections to the principle of development. They did provide numerous
comments that will be addressed through the site plan process.
11 . Discussion
11.1 Original and Revised Proposals are both Low Density
Low density residential development refers to development that has a net density of 10
to 30 units per hectare.
The original proposal provided for single storey or one and a half storey townhouses
and semi-detached dwellings in an integrated development. The multi-unit development
would be developed as a common elements condominium. Staff are advised that the
intended market is for older adults looking to downsize. This would add a much needed
variety to the housing mix in Courtice.
The applicant revised the proposal to incorporate single detached lots along the Tooley
Road frontage to meet the resident's concerns that the proposed development was not
in keeping with the character of the neighbourhood. The applicant proposed 10 units
with 15 m frontages; and subsequently agreed to reduce the number to 9 lots with 17 m
frontages.
The density of the original and revised applications remain virtually the same:
• Original — 21.2 units per ha.
• Revised — 20.2 units per ha (20.6 units per ha for the multi-unit block).
(Both calculations exclude the Cloverfield Street extension which would have been
added into their proposal).
Municipality of Clarington
Report PSD-015-16 Page 15
11.2 Streetscape View of Original and Revised Proposals
The revised proposal would create a street frontage of 17 metre lots to essentially hide
the multi-unit residential block with wide urban single detached lots. The proposed
single detached units would be one or one and a half storey units, likely similar to the
homes on Prestonvale Road (shown below), which are on 15 m wide lots. The homes
on these urban lots would traditionally have a minimum front yard setback of 6 metres.
While this provides similar homes to the existing single detached dwelling, it will be an
urban character and a considerable change to the area. With the two car or wider
driveways, there is limited opportunity for the landscape character that exists today.
Figure 6: Bungalow units on Prestonvale Road, Courtice
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The reverse frontage townhouses, while a different housing form than the existing
residences along Tooley Road, provide an opportunity for a green, landscaped frontage
that would be more continuous, broken up only by the two driveway entrances to the
multi-unit block. They are also set back from the road a greater distance as the zoning
by-law would consider this frontage area as the unit amenity area, set back approximately
7.6 metres.
There are no similar examples of the streetscape with one-storey townhouses in
Clarington. There are two or three stories examples, see Figures 7 and 8.
Municipality of Clarington
Report PSD-015-16 Page 16
Figure 7: Sprucewood Crescent townhouses in Bowmanville
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Figure 8: Meadowglade Road townhouses in Courtice
■
In staff's view, the reverse frontage townhouses provide a more desirable streetscape
allowing for high quality landscaping uninterrupted by driveways.
Municipality of Clarington
Report PSD-015-16 Page 17
11.3 Impact on the Environment
There are many vegetative features on the subject site, but it is not part of woodlot and
they have limited environmental value. The subject property is not in close proximity to
any area identified as a natural heritage feature, and as such, an Environmental Impact
Study was not required. The Conservation Authority did however, request a Species at
Risk Assessment for the milksnake and Butternut tree. The study concluded, there are
no milksnakes or milksnake habitat on the subject site or within 120 metres of the site.
No Butternut trees were found during the site investigation.
11.4 Traffic and Parkinq
The traffic report submitted in support was based on the first submission, which showed
two accesses on Tooley Road. It confirmed that the proposed development would not
have an impact on Tooley Road or Nash Road. The revised proposal reduces the access
points on Tooley Road from two to one and introduced a new access on Centrefield
Road. With planned signalization of Centrefield Drive and Nash Road, traffic movements
in the area will be improved.
The townhouses and semi-detached units will have one and two car garages and outdoor
parking spaces. In addition to the garages, there are 108 driveway parking spaces for all
the units. Seventeen outdoor visitor parking spaces and barrier spaces as well are
required. There should be sufficient parking within the site, such that parking on Tooley
Road from residents or patrons of the block, should not be an issue.
The single detached lots on Tooley Road will have 6.0 metre driveway widths, sufficient
for two outdoor parking spaces.
The Municipal Traffic and Parking By-law permits three hours of on-street parking on any
municipal road, unless otherwise posted. Residents requiring on-street parking for
periods longer than three hours (in permitted parking areas), can purchase a Parking
Permit from the Municipality.
11.5 Parkland
Area residents are concerned that there will be no public park. The H & H proposal
provides for amenity space for the residents of the multi-unit development. The amenity
area shown in the current site concept, exceeds the area requirements in the Council
approved Clarington Amenity Guidelines.
The parkette is proposed to be removed from the Neighbourhood Design Plan given that
it is no longer possible to create a significant space without the co-location of the school.
However, Parkland opportunities will be explored through the Environmental Study Area
in the future.
Municipality of Clarington
Report PSD-015-16 Page 18
H & H is required to pay cash in lieu of a park, in addition to the private amenity spaces
within the block.
11.6 Impact on Private Wells
There are some existing homes on Tooley Road that still have wells and septic systems.
There is municipal water on Tooley Road. Should there be an impact, municipal water is
available.
11.7 Zoning to improve compatibility of proposed lots on Tooley Road
The development of the 9 lots on Tooley Road would be permitted under the existing
zoning by-law; there would be no need to amend it. However, after discussions with the
residents; staff feel that there are a number of areas that would improve the potential
outcomes as follows:
• Semi-detached and link dwellings will not be permitted.
• Minimum lot frontage will be increased from 15 m to 17 m.
• Setback to the dwelling units will be increased from 6 m to 7 m.
• Setback to a private garage will be increased from 6 m to 7.5 m.
• The maximum height requirements will be reduced from 10.5 m to 7 m.
• A maximum of two car garages are permitted (maximum width 6 m).
11.8 Closure and Conveyance of Cloverfield Street
In order to facilitate this development, it will be necessary for Council to approve the
closure and conveyance of the Cloverfield Street road allowance as identified above.
Once Council has approved the closure and conveyance in principle, the notice of the
proposed closure will be circulated to all departments, utilities and agencies for comment.
Subject to there being no objection from those groups, the Owner must then comply with
the Municipal Road Closure and Conveyance Policy, part of which requires that the
Owner pay the appraised land value for the road allowance.
The Municipal Policy for Road Closure and Conveyance also provides for public
notification (including adjacent property owners); however there has been opportunity for
public input on this matter through the planning process.
11.9 The applicant has provided concurrence with the attached Conditions of Draft Approval.
11.10 All taxes payable to the Municipality of Clarington have been paid in full.
12. Conclusions
12.1 The original proposal by H&H is the preferred approach by Planning Staff as it provides
for a better streetscape along Tooley Road. The revised proposal essentially hides the
bungalow multi-storey development behind single detached houses and down two
laneways.
Municipality of Clarington
Report PSD-015-16 Page 19
Both the original and revised proposals are approximately the same density and provide
for a much needed addition to the housing type and tenure. The traffic issues identified
by residents would be mitigated in either scenario with the new entrance off Centrefield
Drive, which would allow motorists in the development to access the future signalized
intersection at Nash Road and Centrefield Drive.
In either scenario, the multi-residential block provides substantial amenity areas, parking
and landscaping.
Planning Staff will develop some minor refinements to the General Architectural Design
Guidelines for the 9 single detached lots fronting on Tooley Road and zoning provisions
are recommended that would allow for greater compatibility with some of the existing
residences, to the extent possible. However, the single detached homes ae not subject
to site plan control.
The Tooley Road area has been designated for urbanization for 40 years, with the
extension of services, requested by the majority of residents, this infill development is
now possible. This area will no longer have semi-rural character but will transition to an
urban neighbourhood.
12.2 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the Conditions of Draft Approval (Attachment 2) and Zoning By-law
(Attachment 3), be approved.
?1' 3
ly*
Submitted by: Reviewed by:
David . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike
@clarington.net
Attachments:
Attachment 1 - Proposed Draft Plan of Subdivision
Attachment 2 - Conditions of Draft Approval
Attachment 3 - Proposed Zoning By-law Amendment.
List of interested parties may be obtained through the Planning Services Department.
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PROPOSED
DRAFT PLAN
;I r PART W0 LOT OF CONCESSION 3, "a
TOWNSHIP OF DARLINGTON D
NOW IN THE Q jrt
MUNICIPALITY OF CLARINGTON ,�..
REGIONAL MUNICIPALITY OF DURHAM
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113021 C
DP-1
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Attachment 2 to
Municipality of Clarington Report PSD-015-16
Conditions of Draft Approval
File Number: S-C-2015-0001
Date: January 22, 2016
Part 1 - Plan Identification
1. The Owner shall prepare the final plan and shall include a land use table on the
basis of approved draft plan of subdivision S-C-2015-0001 prepared by D.G
Biddle and Associates identified as job number 113021, dated November 11,
2015, and redlined, which illustrates 9 lots for single detached dwellings, one
block for 68 low density multiple residential units in condominium tenure, and
one block for a road widening.
The redline revisions are:
(1) Add a 3.0 metre widening on Nash 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
htt ://clarin ton.net/documents/ lannin /subdivision-a reement-feb2014, df
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.
Architectural Control
2.4 (1) The Owner shall be 100% responsible 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
� ge 11
each building and the location of the building on the lot has been approved
by the Director of Planning Services.
Marketing and Sales
2.5 (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.
Site Alteration
2.6 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 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 3.00 metre road widening across the entire frontage of Tooley Road
shown as Block 12 on the draft plan.
• A 3.00 metre road widening across the entire frontage of Nash Road
as redlined on the draft plan.
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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:
Phasing Plan
(1) The Owner shall submit plans showing the proposed phasing to the
Municipality and the Region for review and approval if this subdivision is to
be developed by more than one registration. The Phasing Plan must show
how the roads and associated infrastructure within each phase are
intended to connect to subsequent phases of development, including the
provision of temporary or transitional works such as temporary turning
circles, external easements for temporary turning circles, and associated
frozen lots. The Municipality shall require the preparation of a subdivision
agreement for each phase of development.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report. The
report must satisfactorily address grading, servicing and stormwater
management for the entire subdivision. It must confirm sufficient capacity
in all internal and external infrastructure including sanitary sewers, storm
sewers, stormwater management pond and emergency overland flow
route all to the Director of Engineering Services and Central Lake Ontario
Conservation Authority and Region of Durham.
Environmental Sustainability Plan
(3) The Owner shall submit an Environmental Sustainability 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 location of a
shade tree, 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
(4) 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
fags 13
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
Lands Requiring Site Plans
5.1 The Owner shall not make an application for a building permit in respect of
Block 11 until the Owner has received site plan approval from the Municipality
under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
Endeavour to Collect
5.2 The Owner acknowledges that the subject site is a beneficiary of
oversized/external works contained within the adjacent subdivision 10M-757.
The Owner shall pay for cost of the oversized storm sewers on Nash Road,
currently estimated at cost of$32,000.00. The payment shall be indexed from
the completion date to the date of payment. The payment is required prior to
the issuance of the Authorization to Commence.
Parkland
5.3 The Owner shall pay the Municipality an amount in lieu of conveying land for
park or other public recreational purposes under section 5.1. of the Planning
Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount,
represents 5% of the lands included in the draft plan and shall be based on the
value of the Lands as of the day before the approval of draft Plan of Subdivision
S-C-2015-0001.
Closure of Cloverfield Street
5.4 The Owner shall make application for the closure and conveyance the portion of
Cloverfield Street east of Centerfield Drive and will comply with the Municipality's
Road Closure and Conveyance Policy. Municipal Council must approve the
closure and conveyance prior to Site Plan Approval for this development. The
Owner shall remove and/or relocate all services and utilities including the
Community Mail Box to the satisfaction of the Director of Engineering Services.
Sanitary Services on Tooley Road
5.5 The Owner shall not make application for a building permit in respect of S-C 2015-
0001 until the Region of Durham has completed the extension of the sanitary
sewer on Tooley Road (anticipated in 2016).
Flagg 14
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Sidewalk
5.6 The Owner shall be required to install sidewalks on the west side of Tooley Road
from Nash Road to the northerly limit of the subject site to the satisfaction of the
Director of Engineering Services. The Owner will be reimbursed for the cost of
the concrete sidewalk by the Municipality.
Existing Structures
5.7 The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be
preserved for heritage purposes.
Road Excavation
5.8 The Owner agrees that excavation of Nash Road, Centrefield Road and Tooley
Road is not permitted between December 1St and April 30th. An appropriate
clause will be placed in the development agreements.
Driveways
5.9 The driveways for Lots 1 to 9 shall have a maximum width of 6.0 metres.
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. All arrangements, financial and
otherwise, for said extensions are to be made to the satisfaction of the
Region, 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 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.
(4) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
I=' q ( 5
subdivision agreement between the Owner and the Region concerning the
g g g
provision and installation of sanitary sewers, water supply, roads and other
regional services.
(5) The Owner shall carry out an Archaeological assessment of the subject
property and mitigation and/or salvage excavation of any significant
heritage resources to the satisfaction of the Ministry of Culture, Tourism
and Sport. No grading or other soil disturbance shall take place on the
subject property prior to a letter from the Province confirming that all
archaeological resource concerns have satisfied.
(6) Prior to final approval, the Owner is required to submit a Region of
Durham Reliance Letter and a Certificate of Insurance for the Phase One
Environmental Site Assessment submitted by Geo-logic Inc. in support of
the subject application and dated September 2013.
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.
(b) 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 other related works, and
(c) Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(2) That, measures be in place, to the satisfaction of the Conservation
Authority and the Municipality to ensure that there are no impacts to
existing shallow private wells in the areas to the east as a result of
dewatering activities on the site.
(3) That, the Owner shall submit for review and approval to the Conservation
Authority and municipality a Landscape/Restoration Plan for the
stormwater management pond. The landscaping plan will implemented as
part of the development of the site and will consist of native non-invasive
species.
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(4) The subdivision agreement between the Owner and the Municipality shall
contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Conditions
6.2 (1), (2), (3) & (4) to the 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
Conservation Authority.
c) The Owner agrees to advise the Conservation Authority 48 hours
prior to the commencement of grading or infiltration of any on-site
works.
(5) 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.
6.3 Ministry of Culture, Tourism and Sport
No demolition, grading or other soil disturbances shall take place on the lands
prior to the Ministry of Culture, Tourism and Sport confirming that potential
adverse impact to the archaeological resources to be identified in the
forthcoming archaeological assessment.
6.4 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail
delivery to the Subdivision Lands and the provision of community mailbox
locations, as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs
have a pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first
occupancy date and ensure the site is accessible to Canada Post 24
hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail
Boxes, The Owner will then indicate these locations on the
appropriate servicing plans.
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(e) The Owner agrees, prior to offering any units for sale, to display a
map on the wall of the sales office in a place readily accessible to
potential homeowners that indicates the location of all Community
Mail Boxes within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at
the permanent locations. Canada Post will provide mail delivery to
new residents as soon as the homes or units are occupied.
(g) Owner agrees to provide the following for each Community Mail
Boxes and to include these requirements on the appropriate
servicing plans (if applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for
detailed specifications).
Utilities
6.5 (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.
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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:
Lot 9
The Owner shall include the following notice in the agreement of Purchase and Sale for
Lot 9.
Storm sewer—A 3.18 metre storm sewer and associated underground piping has been
installed on this lot. The storm sewer is designed to drain the lands from the west. The
property owner must not build any structure, (including pools) or driveway on the storm
sewer easement ,
Privacy Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1-9:
Privacy Fencing— Privacy fencing is a required feature on this lot and is
located on the lands owned by the abutting condominium corporation.
Maintenance of this privacy fencing is the responsibility of the abutting
condominium corporation after the developer has been released from any
further responsibility for the fence.
Multi-unit Development
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1-9:
Multi-unit Development— Owners are advised that a multi-unit residential
development is approved on the abutting lands to the rear of these lots.
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for
all lots:
Mail Service - Purchasers are advised that Canada Post intends to service this
property through the use of community mailboxes that may be located in several
locations within this subdivision.
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) the Region of Durham how Conditions 2.2, 4.1 (1) & 6.1 have been
satisfied;
(b) Central Lake Ontario Conservation , how Conditions 6.2 have been
satisfied;
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(c) Canada Post how Conditions 6.4 have 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 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 LIH 3T3 (905) 579-0411.
(c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
P a g e 110
Attachment 3 to
Municipality of Clarington Report PSD-015-16
i
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016-
being a By-law to amend By-law 84-63, a Zoning By-law for the Corporation of
the Municipality of Clarington.
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 2015-0002;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding new Special Exception Zone as
follows:
"SECTION 12.4.93 URBAN RESIDENTIAL EXCEPTION (R1-93) ZONE"
Notwithstanding Sections 3.1 j.i), 12.2 b., d.i), fl), h) those lands zoned R1-93 on
the Schedules to this By-law shall only be used for single dwelling, subject to the
following regulations:
a. Lot Frontage (minimum) 17 metres
b. Yard Requirements
i) Front Yard 7.5 metres to private garage;
7.0 metres to the dwelling
c. Special Yard Requirements
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side
yard be reduced below 0.6 metres.
d. Lot Coverage (maximum)
a) Dwelling 40 Percent
b) Total of all buildings and structures 45 percent
e. Height of the floor deck of unenclosed porch above finished grad (maximum) 1.0
metres
f. Height maximum 7.0 metres
g. Garage Requirements
i) The outside width of the garage shall be a maximum 6.0 metres
2. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding new Special Exception Zone as
follows:
"SECTION 12.4.94 URBAN RESIDENTIAL EXCEPTION (R1-94) ZONE"
Notwithstanding Sections 12.1, and 12.2 b.,d.i), iii), iv) f. h. those lands zoned R1-
94 on the Schedules to this By-law shall only be used for semi-detached dwellings
and townhouse dwellings, subject to the following regulations.
a. Density (maximum) 21 units per hectare
b. Lot Frontage (minimum) 8.5 metres
c. Yard Requirements (minimum)
i) Northerly 6.5 metres
ii) Easterly 2.5 metres
iii) Southerly 95.0 metres
iv) Westerly 9.0 metres
d. Lot Coverage (maximum) 50%
e. Building Height 7.0 metres
f. Landscaped Open Space (minimum) 30%
g. Unit Setback Requirements
For the purpose of establishing yard regulations for each a semi-
detached dwelling and link townhouse the following minimum yard
requirements shall apply as if each unit is located on a lot:
i) Front Yard 6.0 metres to garage;
4.0 metres to dwelling;
ii) Rear Yard 6.0 metres
iii) Interior Side Yard 3.0 metres, Nil where a
building has a common
wall with any building on
an adjacent lot in the
same Zone
i
i
iv) Exterior Side Yard 2.5 metres to the private
driveway
h. Lot Coverage (maximum) 45%
3. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Type One (R1)" to "(Holding) Urban Residential Exception
((H)R1-93)".
"(Holding) Urban Residential Exception ((H)R1)"to "(Holding) Urban Residential
Exception ((H)R1-93)".
"(Holding) Urban Residential Exception ((H)R1)"to "(Holding) Urban Residential
Exception ((H)R1-94)".
This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of September, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
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