Huntingwood Trails (Collingwood) Ltd. v. Town of Collingwood, 2022 CanLII 88413

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 19, 2022

CASE NO(S).: OLT-22-002301 (Formerly PL190515)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.

Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision

Existing Zoning: Rural, Environmental Protection

Proposed Zoning: Residential R3, Environmental Protection, Recreational, Commercial

Purpose: To permit a 170 unit subdivision development

Property Address/Description: Part of Lots 47, 48 and 49, Concession 12

Municipality: Town of Collingwood

Municipality File No.: D14211

OLT Case No.: OLT-22-002301

Legacy Case No.: PL190515

OLT Lead Case No.: OLT-22-002301

Legacy Lead Case No.: PL190515

OLT Case Name: Huntingwood Trails (Collingwood) Ltd v. Collingwood (Twn.)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.

Subject: Proposed Plan of Subdivision - Failure of Town of Collingwood to make a decision

Purpose: To permit a 170 unit subdivision development

Property Address/Description: Part of Lots 47, 48 and 49, Concession 12

Municipality: Town of Collingwood

Municipality File No.: D1201111

OLT Case No.: OLT-22-002311

Legacy Case No.: PL190516

OLT Lead Case No.: OLT-22-002301

Legacy Lead Case No.: PL190515

Heard: August 31, 2022 by video hearing

APPEARANCES:

Parties

Counsel

Huntingwood Trails (Collingwood) Ltd.

Susan Rosenthal Andrew Valela

Town of Collingwood

Eric Davis

County of Simcoe

Eric Davis

Nottawasaga Valley Conservation Authority

Sarah Hahn

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 31, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The parties have reached a settlement in the matter of appeals by Huntingwood Trails (Collingwood) Ltd. (“Applicant/Appellant”) from the refusal or neglect of the Town of Collingwood (the “Town”) for the Zoning By-law Amendment application (“ZBA”) to amend Zoning By-law No. 2010-40 (as amended) and the application for Draft Plan of Subdivision (“DPS”) in respect of lands described as parts of lots 48 and 49, Concession 12, Town of Collingwood (the “subject lands/subject property”).

2The effect of the proposed ZBA is to implement the development of 86 single detached residential lots; 14 semi-detached residential lots; 1 lot for future development; 1 block for environmental protection purposes; 1 block for storm water management and 2 blocks for open spaces and, provision of public road allowances. The appeals relate only to Area 1 lands as the Applicant had withdrawn appeals for Area 2 lands, through a settlement with the Town on July 21, 2021.

3There was a previous Official Plan Amendment by the Applicant which the Ontario Municipal Board (“OMB”) approved on July 31, 2014 (“2014 OPA”) when the parties settled (PL120784).

4On July 30, 2019, the Applicant submitted a revised ZBA and DPS and appealed the Town’s non-decision on September 24, 2019.

5On April 12, 2022, the Applicant settled the instant appeals with the County of Simcoe (“County”).

6On August 4, 2022, the Applicant settled with the Town.

7Shortly before the hearing, the Applicant settled with the Nottawasaga Valley Conservation Authority (“NVCA”).

8The parties jointly requested the appeals be allowed, the further revised ZBA be approved and the final revised DPS be approved with conditions.

SITE

9The Area 1 Lands are irregular in shape and have an area of approximately 20.295 hectares (“ha”) (50.150 acres). The Area 1 Lands are currently vacant, partially covered with vegetation, and are currently used for agricultural purposes in the form of cattle grazing.

10The Area 1 Lands are located in the northwest area of the Settlement Area of Collingwood.

11Surrounding land uses associated with the Area 1 lands include:

• North – Residential uses in the form of single detached dwellings, Silver Creek Drive and Provincial Highway 26. Beyond is the Silver Creek Wetland Complex and the Draft Plan Approved Consulate Subdivision.

• South – Georgian Trail with vacant Environmental Protection lands beyond.

• East – Vacant land including a series of environmental features and residential designated land within the Area 2 Lands. Beyond is the Silver Glen Preserve Condominium townhouse development and the Cranberry/Tanglewood developments inclusive of a variety of residential unit types and a golf course.

• West – Residential land uses in the form of single detached dwellings within an area known as the Forest Subdivision.

12Silver Creek runs through Area 1 lands and continues northward to Georgian Bay.

13The proposed draft plan of subdivision (“Final Proposed 2021 DPS”) (Exhibit 1, Tab 16) proposes the development of a total of one hundred (100) residential units on 20.295 ha (50.150 acres) of land located south of Highway 26, with direct access, as provided for in the 2014 OPA, from Silver Creek Drive all within the Area 1 Lands. The Final Proposed 2021 DPS provides for eighty-six (86) single detached units, fourteen (14) semi-detached units, and a future development block. Also included is a block for stormwater management, two open space blocks and an environmental protection block associated with Silver Creek which is to be dedicated to the Town in accordance with the 2014 OPA. Draft Plan conditions of August 2022 are in Exhibit 1 Tab 17.

14The proposed ZBA (“Final Revised Proposed 2022 Revised ZBA”) (Exhibit 1 Tab 15) is an application for an amendment to the Town Zoning By-law, to implement and regulate the use of land associated with the Final Proposed 2021 DPS by rezoning the subject lands from Residential First Density Exception Twelve – R1-12 Zone, (Holding 1) Rural Exception Three – (H1)RU-3, Rural - RU, and Environmental Protection - EP Zones to Residential Third Density Exception AA – R3 - AA, Residential Third Density Exception BB – R3 – BB, Residential Third Density Exception CC –R3 – CC, and Environmental Protection - EP Zones.

15The Final Revised Proposed 2022 ZBA and Final Proposed 2021 DPS implement the Town OP as amended by the 2014 OPA approved by the OMB in 2014.

Planning Evidence

16Mark Yarranton was qualified by the Tribunal to give expert opinion evidence in land use planning matters in support of the proposed ZBA and DPS. He is an experienced Professional Planner, a Member of the Canadian Institute of Planners and of the Ontario Professional Planners Institute.

17Mr. Yarranton provided a comprehensive overview and analysis of the policy and regulatory framework and concluded that the proposed development is appropriate for the efficient use of the Area 1 lands, represents good land use planning which would advance the provincial and public interest.

18The subject lands are within an existing settlement area boundary and the development is directed away from hazardous lands. (s. 3.1.1 (b) of Provincial Policy Statement 2020 (“PPS”).

19Through the approval of the 2014 OPA, two development areas were established where residential development could occur, and the appropriate limits were assessed for development, designated for residential purposes and hazard lands included as part of the land designated as Environmental Protection, with the consent of the County, Town and NVCA. This is supported by the 2014 OPA which addressed matters of natural hazards in particular s.4.3.4.4.5.8 (d) of the OPA. Vehicular access may be established through lands designated Environmental Protection. (s.4.1.3.1 of the Town Official Plan (“TOP”)).

20The Guiding Principles in s.1.2.1 of the Growth Plan for the Greater Golden Horseshoe 2019 (2020 Consolidation) (“GP”) include the support of achievement of complete communities that are designed to support healthy and active living and meet peoples’ needs throughout an entire lifetime; prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure; and support a range and mix of housing options and additional residential units. The vast majority of growth will be directed to settlement areas that have a delineated built boundary, have existing or planned municipal water and wastewater systems and can support the achievement of complete communities. (s. 2.2.1.2(a) of GP).

21The County of Simcoe Official Plan (“COP”) designates Area 1 lands as Settlements. Section 4.5.9 directs that development shall generally be outside hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. The proposal conforms to this policy directive.

22The Area 1 lands are designated “Residential” and “Environmental Protection” pursuant to the 2014 OPA as identified on Schedule “A-2” and further designated “Low Density” on Schedule “C”, Residential Density. The policy framework of the 2014 OPA has been consolidated in the TOP. Similarly, the proposal conforms to s. 4.1.3.10.2.1 of the TOP which prohibits habitable buildings and structures within the defined floodplains of the creeks and the river.

23The proposed DPS coordinates with the 2014 OPA, will result in, and contributes to the Province’s vision of a compact, well planned and designed built environment by providing greater housing choices to people’s needs at all stages of life.

24The proposed DPS is designed specifically to add housing density in an efficient manner, while protecting significant environmental assets. It supports the creation of a complete community, offers access to housing in proximity to employment and municipal services.

25Mr. Yarranton concluded that the final proposed 2021 DPS (subject to the proposed conditions prepared with the Town) and the final revised 2022 ZBA facilitates a development that has regard for the matters of Provincial interest set out in s. 2 of the Planning Act (“the Act”), meets the requirements of s. 51(24) and s. 51(25) of the Act, is consistent with the PPS, conforms to the GP, the COP and the TOP as amended by the 2014 OPA.

26The development proposal envisages the orderly development of a safe and healthy community in a location that is appropriate for residential development and growth. The proposed development is well designed, encourages a sense of place and provides for open spaces that are accessible.

27The GP directs growth to settlement areas to support the achievement of complete communities and achievement of minimum intensification targets by encouraging intensification within the settlement area. The proposal will assist the Town in achieving these objectives.

28The proposed plan includes single detached and semi-detached dwellings within an area with municipal services and infrastructure.

29The addition of this subdivision to the Town’s built form will assist the Town and the County to meet intensification goals in a responsible and appropriate manner. The environmental protection zone block respects and supports the County’s policy in pursuing environmentally responsible development. The proposed ZBA to implement the development proposal conforms to the policies of the COP and TOP by optimizing use of the land, creating more housing, utilizing existing municipal services infrastructure and preserving the natural environment.

Findings

30The Tribunal accepts the sole uncontested opinion and planning evidence of Mr. Yarranton in support of the ZBA and DPS to facilitate the proposed residential development of 100 residential dwellings on the subject property.

31The Tribunal is satisfied that the proposed ZBA and DPS facilitate orderly residential development on lands within an area that accommodates the single detached and semi-detached dwellings housing type and form. The proposal makes efficient use of the subject lands, taps into existing and available municipal services infrastructure, while ensuring that there is an environmental protection area/zone on the subject property. The proposed development will facilitate a healthy, safe and complete community in accordance with the provincial policies and directives.

32The Tribunal finds that the proposed development is consistent with the Province’s land use planning policy directives. The proposed development has regard for matters of provincial interests in particular s. 2(h) the orderly development of safe and healthy communities and s. 2(p) the appropriate location of growth and development. The proposal as implemented by the ZBA and DPS represents good land use planning and is in the public interest.

33The proposed development is consistent with the PPS, conforms to the GP, the COP and the TOP as amended by the 2014 OPA. The Tribunal is satisfied that the relevant s. 51(24) criteria of the Act are met. Further, the draft plan conditions satisfy s. 51(25) of the Act, being reasonable and appropriately site specific.

ORDER

34The Tribunal orders that the appeals are allowed.

1. Zoning By-law No. 2010-40 (as amended), is amended in the manner set out in Attachment 1 to this order. The Tribunal authorizes the municipal clerk to assign a number to this by-law for record keeping purposes.

2. The Draft Plan shown on the plan (Exhibit-1 Tab 16) prepared by KLM Partners Inc. dated June 14, 2021 comprising parts of lots 48 and 49, Concession 12, Town of Collingwood (Attachment 2) is approved subject to the fulfillment of the conditions set out in Attachment 3 to this Order AND the Tribunal orders that pursuant to subsection 51(56.1) of the Planning Act, the Town of Collingwood shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“T.F. Ng”

T.F. NG

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT “1”

EXPLANATORY NOTE

TO THE CORPORATION OF THE TOWN OF COLLINGWOOD BY-LAW NO. 2022-075

By-law No. 2022-075 is a By-law under the provisions of Section 34 and36 of the Planning Act,

R.S.O. 1990, c.P.13, as amended, for prohibiting the use of land for or except for such purposes as may be set out in the By-law.

The purpose and effect of the proposed Zoning By-law Amendment is to re-zone the subject lands from Residential First Density Exception Twelve (R1-12), (Holding 1) Rural Exception Three ((H1)RU-3), Rural - RU and Environmental Protection - EP Zones to the: (Holding 20) Residential Second Density Exception 27 ((H20) R2 – 27), (Holding 20) Residential Second Density Exception 28 ((H 20)R2 – 28), (Holding 20) Residential Second Density Exception 29 ((H20)R2-29), (Holding 20)Residential Second Density Exception 30 ((H20)R2-30), (Holding 20) Residential Third Density Exception 62 ((H20)R3 – 62)), (Holding 20)Residential Third Density Exception 63 ((H20) R3 – 63)), and Deferred Development (DR) and Environmental Protection ( EP) Zones.

The effect of the proposed Zoning By-law Amendment is to implement the development of eighty-six (86) single detached dwellings, fourteen (14) semi-detached dwellings, one (1) deferred development block, one (1) stormwater management facility, two (2) open space blocks and one (1) environmental protection area block.

t

..... -. t

c::=:i Subject Lands

BY-LAW NO. 2022-075 OF THE

CORPORATION OF THE TOWN OF COLLINGWOOD

BEING A BY-LAW UNDER THE PROVISION OF SECTION 34 OF THE

PLANNING ACT, R.S.O. 1990, c.P.13, AS AMENDED

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law prohibiting the uses of land, buildings or structures within a defined area or areas;

AND WHEREAS Section 36 of the Planning Act, R.S.O. 1990, c. P.13, as amended, permits the use of the holding symbol “H” in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law;

AND WHEREAS Collingwood Zoning By-law No. 2010-40 is the governing By-law of the Corporation of the Town of Collingwood and such was finally passed by the Council of the Town of Collingwood on April 12, 2010;

AND WHEREAS the Ontario Land Tribunal has deemed it advisable to amend Collingwood Zoning By-law No. 2010-40 and thus implement the Official Plan of the Town of Collingwood, more specifically the Official Plan as amended by OMB Decision dated July 31, 2014 for file PL120784;

NOW THEREFORE THE ONTARIO LAND TRIBUNAL ENACTS AS FOLLOWS:

1. THAT Schedule ‘A’ – Map 2 of Collingwood Zoning By-law No. 2010-40, as amended, is hereby further amended as it pertains to lands shown more particularly on Schedule ‘A’, affixed hereto and forming part of this By-law, by re-zoning said lands from Residential First Density Exception Twelve (R1-12), (Holding 1) Rural Exception Three ((H1)RU-3), Rural - RU and Environmental Protection - EP Zones to the: (Holding 20) Residential Second Density Exception 27 ((H20) R2 – 27), (Holding 20) Residential Second Density Exception 28 ((H20)R2 – 28), (Holding 20) Residential Second Density Exception 29 ((H20)R2-29), (Holding 20)Residential Second Density Exception 30 ((H20)R2-30), (Holding 20) Residential Third Density Exception 62 ((H20)R3 – 62)), (Holding 20)Residential Third Density Exception 63 ((H20) R3 – 63)), and Deferred Development (DR) and Environmental Protection (EP) Zones.

2. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Second Density Exceptions (R2-27) Zone as follows:

“Residential Second Density Exception 27 (R2- 27) Uses shall be limited to Single Detached Dwellings. The following zone exceptions shall apply:

Minimum Rear Yard: 10 metres”

3. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Second Density Exception 28 (R2-28) Zone, as follows:

“Residential Second Density Exception 28 (R2- 28) Uses shall be limited to Single Detached Dwellings. The following zone exceptions shall apply:

Minimum Rear Yard: 10 metres Minimum Lot Frontage: 12.5 metres”

4. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Second Density Exception 29 (R2- 29) Zone, as follows:

“Residential Second Density Exception 29 (R2 -29)

i) Uses shall be limited to Single Detached Dwellings.”

5. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Second Density Exception 30 (R2 – 30) Zone in proper sequence, as follows:

“Residential Second Density Exception 30 (R2 – 30) Uses shall be limited to Single Detached Dwellings. The following zone exception shall apply:

Minimum Lot Frontage: 12.5 metres”

6. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Third Density Exception 62 (R3 -62) Zone, as follows:

“Residential Third Density Exception 62 (R3- 62)

i) Uses shall be limited to Single Detached Dwellings.

7. THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Third Density Exception 63 (R3-63) Zone in proper sequence, as follows:

“Residential Third Density Exception 63 (R3- 63)

i) Uses shall be limited to Single Detached Dwellings and Semi-Detached Dwellings.

ii) The boundary between the Environmental Protection (EP) zone and the R3-63 Zone shall be deemed to follow the applicable lot and block lines on the registered plan of subdivision.

8. THAT Table 2.5.5.1 titled ‘Holding Zone Conditions’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the following after H19:

9. THAT Notwithstanding the provisions of Section 2.7.2, the following shall apply with respect to the lands Zoned DR on Schedule ‘A’ to By-law No. 2022-075:

In addition to the uses permitted in section 2.7.2, the lands zoned DR on schedule ‘A’ to By-law No. 2022-075 are limited to a public walkway and to those uses that lawfully existed at the date of this Zoning By-law coming into force, or as the case may be, those lawfully existing prior to the deferred development zone coming into force and effect.

10. THAT Zoning By-law 2010-40 is hereby amended to give effect to the foregoing, but Collingwood Zoning By-law No. 2010-40 shall in all other respects remain of full force and effect.

11. THAT this By-law shall come into full force and effect on the date it is approved by the Ontario Land Tribunal.

ENACTED AND PASSED this 31st day of August, 2022.

This is Schedule 'A' to By-law No. 2022-075

enacted and passed the 31st day of August, 2022.

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ATTACHMENT “2”

DRAFT

PLAN

OF SUBDIVISION

DRAFT PLAN T-

PART

OF LOTS 48 AND 49,

CONCESSION 12

TOWN OF COLLINGWOOD

(GEOGRAPHIC TOWNSHIP OF NOTTAWASAGA)

COUNTY OF

SCALE 1 : 1 500

SIMCOE

'

'' '

KEY PLAN SCALE: 1: 1 5 000

SECTION 51, PLANNING ACT, ADDITIONAL INFORMATION

A. AS SHOWN ON DRAFT PLAN

8. AS SHOWN ON DRAFT PLAN

C. AS SHOWN ON DRAFT PLAN

D. SEE SCHEDULE OF LAND USE

E. AS SHOWN ON DRAFT PLAN

F. AS SHOWN ON DRAFT PLAN

F.1 NOT APPLICABLE

G. AS SHOWN ON DRAFT PLAN

H. MUNICIPAL PIPED WATER AVAILABLE AT TIME OF DEVELOPMENT

I. CLAY-LOAM

J. AS SHOWN ON DRAFT PLAN

K. SANITARY AND STORM SEWERS, GARBAGE COLLECTION, FIRE PROTECTION

L. AS SHOWN ON DRAFT PLAN

SURVEYOR'S CERTIFICATE

Original Signed By Surveyor

I HEREBY CERTIFY THAT THE BOUNDARIES OF THE LAND TO BE SUBDIVIDED AS SHOWN ON THIS PLAN, AND THEIR RELATIONSHIP TO THE ADJACENT LAND ARE ACCURATELY AND CORRECTLY SHOWN.

I

'' DATE , 2019

DAN OZALDOV

SCHAEFFER DZALOOV BENNETT LTD.

ONT- W<0 "'"'''"""'

COOCOn:RJO.., ('1--0) 007--01t<01• "''

OWNER'S CERTIFICATE

I AUTHORIZE KLM PLANNING PARTNERS INC. TO PREPARE AND SUBMIT THIS DRAFT PLAN OF SUBDIVISION TO THE TOWN OF COLLINGWOOD FOR APPROVAL.

OWNER

HUNTINGWOOD TRAILS (COLLINGWOOD)

LTD.

152 DALEMOUNT AVENUE

TORONTO ONTARIO M68 3C9

Original Signed By Owner

EDWARD WEISZ

A.S.O.

SCHEDULE OF LAND USE

TOTAL AREA OF LAND TO BE SUBDIVIDED - 20.299±Ha. (50.159±Acs.)

DETACHED DWELLINGS

BLOCKS LOTS UNITS ±Ho.

±Acs.

LOTS 1-36, 52-53, and 88-91

MIN. LOT FRONTIIGE:•15.Jm. MIN LOT AA£A•512.6"9.m.

LOTS 46-51, 54-67, and 87

MIN. LOT FRONT/I.GE•1J.7m. MIN LOT IIR£.l.-458.9sq.m.

LOTS 44-45, 51-52, 68-86, and 92-93

MIN. LOT FRONT/I.GE•12.8m. MIN LOT IIRU.-406.7sq.m.

SEMI-DETACHED DWELLINGS

LOTS 37-43

SUBTOTAL

93

100

6.057

14.967

BLOCK 94

• STORM WATER MANAGEMENT

1

0.977

2.414

BLOCKS 95-96

• OPEN SPACE

2

0.139

0.343

BLOCK 97

• ENVIRONMENTAL PROTECllON AREA

1

10.278

25.399

BLOCK 98

• FUTURE DEVELOPMENT

1

TBD

0.495

1.223

STREETS

2.353

5.814

MIN. LOT F'RONT/I.GE•1B.Jm. MIN LOT IIR£A•785.9sq.m.

42 42 2.877 7.108

21 21 1.270 3.138

23 23 1.362 3.366

7 14 0.548 1.354

26.0m. WIDE TOTAL LENGTH• 262±m. AA£A• 0.733±Ha.

20.0m. WIDE TOTAL LENGTH• 510±m. AA£A• 1.620±Ha. TOTAL LENGTH- 1092±m. AREA.- 2.JSJ±Ha.

TOTAL

5

93

1OD

20.299

50.159

DENSITY

DEVELOPMENT

AREA (±Ha)

UNITS

PROPOSED DENSITY (u/ha)

RESIDENTIAL AREA AND STREETS

8.410

100

11.89

FUTURE DEVELOPMENT

0.495

7 (MAX)

14.14

TOTAL

8.905

107

12

MAXIMUM NUMBER OF UNITS PERMITTED 12 UNITS PER GROSS Ha. OR 107 UNITS

NOTE - ELEVATIONS RELATED TO CANADIAN GEODETIC DATUM

· PROJECT No. P-3083

SCALE 1:1500 JUNE 14, 2021

L

(3083(W)DES1) X-REF: (3083MAS3 & 3083TOP01)

DWG. No. - 21:1

64 JARDIN DRIVE - UNIT 1B, CONCORD ONTARIO L4K 3P3

PLANNING PARTNERS INC. TEL: (905) 669-4055 FAX: (905) 669-0097 design@klmplanning.com

' Planning • Design • Development

ATTACHMENT “3”

DRAFT PLAN CONDITIONS

Huntingwood Trails (Collingwood) Ltd.

Part of Lots 47, 48 and 49, Concession 12 Town of Collingwood Municipality File No.: D1201111

OLT File No.: PL190516

No. Conditions

1. That this approval applies to the Draft Plan of Subdivision located on Part of Lots 48 and 49, Concession 12 former Township of Nottawasaga, now Town of Collingwood, County of Simcoe prepared by KLM Planning Partners Inc, dated June 14th, 2021 and showing a total of:

a. 86 single detached residential lots (Lots1-36 and 44-93);

b. 14 semi-detached residential lots (Lots 37-43);

c. 1 lot for future development (Lot 98) for a maximum of 7 units;

d. 1 Block for environmental protection purposes (Block 97);

e. 1 Block for Storm Water Management (Block 94); and

f. 2 Open Space Blocks (Blocks 95 and 96), as well as

g. Public Road Allowances as shown on the Plan.

2. That the Owner shall agree in writing to satisfy all the requirements, financial and otherwise of the Town of Collingwood prior to final approval.

3. That prior to final approval and registration, the appropriate zoning shall be in effect for the proposed subdivision.

4. That the Owner shall enter into a Subdivision Agreement for servicing, development and other necessary matters, satisfactory to the Town of Collingwood or any other appropriate authority before any development, tree removal or site alteration within the plan unless the requirements of condition 21, 45 and 46 are satisfied with respect to tree removal and site alteration and a pre-servicing agreement and/or site alteration agreement for grading is entered into for servicing in advance of registration.. This Subdivision agreement may deal with matters including, but not limited to, the following:

a. Engineering and conservation works which include municipal services;

b. Professional services including preparation of reports, plans, inspections, certifications and approvals;

c. Hydro;

d. Storm sewers, stormwater management;

e. Road widenings and reconstruction;

f. Monitoring wells;

g. Securities or letters of credit, cash contributions, levies (development charges);

h. Emergency services;

i. Land dedications and easements, road reserves;

j. Noise abatement;

k. Fencing, berming, buffer blocks and planting;

l. Grading and sodding, signed entry features, parkland and tree preservation; and

m. Warning clauses, hoarding.

5. The Owner shall agree in the Subdivision Agreement that the Subdivision Agreement shall registered against the lands to which it applies as provided for in the Planning Act, R.S.O. 1990.

Development Phasing

6. Final approval for registration may be issued in phases to the satisfaction of the Town of Collingwood, provided that:

a. phasing is proposed in an orderly progression, in consideration of such matters as the provision of roads, infrastructure, utilities and other essential services; and

b. All agencies required to provide clearances for registration agree to registration by phases and provide clearances for each phase.

Servicing Allocation

7. 106 Single Dwelling Unit Equivalents (SDUs) of municipal water and wastewater capacity are required to support the proposed development to the satisfaction of the Town of Collingwood. The timing of availability of this capacity commitment shall be addressed prior to final approval and registration of all or part of the plan of subdivision through a subdivision, site plan, advanced timing or other agreement, including phasing or staging to facilitate the orderly build-out of the development as required. Such agreement(s) shall also address the expiry and other stipulations of the capacity commitment as required by the Town of Collingwood Water and Wastewater Capacity Allocation Policy dated March 2022 or any update or successor thereto.

8. That the Owner acknowledges and agrees that prior to final approval and registration of all or part of the draft plan of subdivision, the Town of Collingwood shall confirm that sufficient capacity exists in the Water Treatment Plant and Wastewater Treatment Plant to adequately service the development at the time of registration. The Owner further acknowledges and agrees that the determination as to whether there is sufficient capacity shall be made by the Town of Collingwood, in its sole discretion. Building permits will not be issued until the Town is satisfied that adequate water, including for firefighting operations, and wastewater services are available are available to the lands and emergency services are available.

9. The Owner shall acknowledge and agree in the Subdivision Agreement that building permits will not be issued until the Town is satisfied that adequate water, sewers, utilities and roads are available to the lands, except that building permits may be issued for “dry” model homes upon terms and conditions established by the Town.

10. The Owner acknowledges that pre-sales of residential units to end-users will be permitted; however, the Owner shall agree in the Subdivision Agreement to provide for a warning clause drafted to the satisfaction of the Town of Collingwood that will prevent final closing of the residential units until such time as the Town of Collingwood, at its sole discretion, acting reasonably, confirms that sufficient capacity exists in the Town of Collingwood Water Treatment Plant and Waste Water Treatment Plant to adequately service the development.

Roadways, Sidewalks and Trails

11. The Owner agrees in the Subdivision Agreement to display the lot number and corresponding municipal address in a prominent location on each lot in accordance with the Town’s 911 protocols.

12. The design of the intersection of the internal street (Street 1) and Silver Creek Drive shall meet the requirements of the Town as required in accordance with Town of Collingwood Geometric Design Standards for Roads #100 – June 03 and Transportation Association of Canada (TAC) Geometric Design Guide for Canadian Roads (GDGCR). Street 1 shall be designed to maximize options for emergency access to the intersection with Street 2 to the satisfaction of the Town of Collingwood in consultation with EMS providers.

13. That all roads within the proposed development will be constructed to Town of Collingwood Standards including curb & gutter, hot asphalt, granular, traffic calming, storm sewers, sanitary sewer, watermain, subdrains, sidewalks, streetlights, traffic signs, driveway approaches, sodded boulevards, boulevard trees and landscaping.

14. That sidewalks shall be designed and located to the satisfaction of the Town in consultation with the School Boards.

15. That the Owner shall agree in the Subdivision Agreement to provide public walkways, sidewalks, and trails to the satisfaction of the Town of Collingwood.

16. That the Owner shall agree in the Subdivision Agreement to provide fencing to the satisfaction of the Town of Collingwood where required including, but not limited to a solid

1.8 m wood fence at the rear lot line of lots fronting onto Forest Drive and Craigleith Court abutting the subject lands and a chain link fence interfacing between rear lot lines and Town owned lands such as park lands, open space, walkways and storm water ponds.

Conservation Authority, Hazard Lands, and Stormwater Management Conditions

17. Prior to final approval, the final flood hazard assessment, with the associated modelling prepared by C.F Crozier & Associates Inc. dated July 2022, shall be submitted and completed to the satisfaction of the Conservation Authority confirming the floodplain limits of the development.

18. Prior to final approval, a cut / fill analysis shall be completed to the satisfaction of the Conservation Authority demonstrating that the regularization of the post development floodplain limit maintains floodplain storage volumes within the Huntingwood property and does not cause increases in upstream or downstream floodplain elevations, ensuring all lots/blocks created that are intended to be used for development are located outside of the post development floodplain limit and confirming the limit of the floodplain and safe access during times of flooding. The draft plan of subdivision may be subject to red-line revisions to satisfy the requirements of the cut / fill analysis.

19. In the event that the works completed to fulfill condition 18 above results in a substantial change to the development limits or configuration of the subdivision, as determined by the Town of Collingwood, the plan of subdivision shall be revised, and re-circulated to all of the agencies consulted in the subdivision process and these conditions shall be revised accordingly.

20. That the Owner shall accommodate all existing drainage within and external to the subject plan according to the Town of Collingwood’s Stormwater Management Policies and to the satisfaction of the Engineering Services Department and the Nottawasaga Valley Conservation Authority.

21. That prior to any site alteration within the plan, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority, and the Town of Collingwood:

a. A detailed Stormwater Management Report;

b. An Erosion Control Plan;

c. A detailed Grading Plan;

d. A detailed design for the municipal water and wastewater servicing including any necessary easements;

e. A detailed Landscaping Plan for the stormwater management pond, drainage corridor and open space blocks;

f. A Flood Hazard Assessment as identified in condition 17; and

g. A Cut/Fill Analysis as identified in condition 18.

22. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above.

23. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that all stormwater management facilities and sediment and/or erosion control measures will be in place prior to the creation of impervious areas such as roads and buildings being undertaken.

24. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Conservation Authority.

25. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, that the necessary drainage easements be established and granted to the Town of Collingwood.

26. That prior to any site alteration or development at this location, required permits, under Ontario Regulation 172/06 and the Conservation Authorities Act, will be obtained from the Nottawasaga Valley Conservation Authority and any necessary authorization from the Department of Fisheries and Oceans for any harmful alteration, disruption or destruction of fish habitat.

Services and Utilities

27. All services and utilities to service the proposed development, with the exception of stormwater management infrastructure, shall be contained within road allowances on the plan.

28. That the Owner shall agree in the Subdivision Agreement to provide storm sewers suitably designed and of sufficient depth to provide for the proper drainage of the lands within and external to the subdivision and to discharge to drainage outlets as directed by and to the satisfaction of the Town of Collingwood.

29. That the Owner shall agree to update, to the Town’s satisfaction, the Functional Servicing Report for the development of the subject lands in accordance with the Town’s revised water and sanitary flow standards for new development.

30. That the Owner shall agree in the Subdivision Agreement to provide sanitary sewers suitably designed to provide for the proper collection from the lands within and external to the subdivision as directed by and to the satisfaction of the Town of Collingwood.

31. That the Owner shall agree in the Subdivision Agreement that the Owner will be required to complete to Town specifications, at the Owner’s expense, the following external works:

a. Provide watermain looping to the satisfaction of the Town of Collingwood, to a minimum of two (2) existing locations, subject to servicing alternatives and water modelling completed by the Town’s water modelling consultant.

b. Provide sanitary sewer (oversized for Forest Drive, Silver Creek Drive, and additional lands to the west) to the Silver Glen Pump Station or an alternate sewage pumping station to the satisfaction of the Town. The design will be accompanied by a design report indicating the opportunities and constraints associated with the alternatives of Highway 26 servicing.

c. If the Silver Glen Pump station is utilized to service the development, design and construction to upgrade the Silver Glen Pump Station to meet Town requirements for a permanent pump station, to the satisfaction of the Town, acting reasonably.

d. In the event that servicing is directed to an alternate pumping station, the Owner shall contribute the proportional costs associated with the design and construction of the alternate pumping station through an agreement or other appropriate mechanism.

32. If the Silver Glen Pump station is utilized to service the development, the Owner shall agree in the Subdivision Agreement, to the satisfaction of the Town of Collingwood, to address proportional cost sharing via an agreement or other appropriate mechanism, as determined by the Town, with respect to the following works that were front-ended by the adjoining Silver Glen Preserve development:

a. The existing Silver Glen Pump Station and forcemain works (the “Oversized Works”).

The Owner agrees that the Town will not be a party involved in the negotiations of any proportional cost sharing arrangement/agreement and will hold the Town harmless in any legal matters that arise in the relation to the cost sharing arrangements/agreements.

33. The Owner further agrees that the final design of the water system may be subject to review by the Town through the use of water modeling techniques to ensure sufficient flows, at the discretion of the Town, and the Town may require amendments to the design as a result of such modeling.

34. Prior to final approval, four copies of a detailed report(s), prepared by a professional engineer, addressing stormwater management, construction mitigation, and municipal water and sewer services shall be submitted to the Town of Collingwood. These reports are outlined below:

a. Stormwater Management Report

b. Pump Station Upgrade Improvements

c. Servicing Implementation Report

• Identifying oversizing of sanitary sewers for future external lands to the west, watermain looping

d. Traffic Impact Brief

• Intersection operations and approach angle with Silver Creek Drive and Street 1, site distance requirements, vehicle queuing, and headlights on neighbouring properties

e. Noise Impact Study

• Any recommended mitigation on noise associated with traffic on Highway 26

Implementation of the recommendations of these reports will be incorporated as part of detailed design of the subdivision. In addition, one (1) of the following documents shall also be provided to the satisfaction of the Town of Collingwood for any applicable infrastructure works, including but not limited to municipal services and stormwater management:

i. An Environmental Compliance Approval (ECA) for the project(s) shall be obtained from the Provincial Ministry with jurisdiction, or

ii. A written opinion, stamped and signed by a Professional Engineer, that confirms that the project(s) meet the specific exemptions outlined in the applicable legislation/regulations.

35. That the Owner shall agree in the Subdivision Agreement to provide electrical servicing suitably designed and of sufficient capacity to provide for the proper servicing of the lands within and external to the subdivision as directed by and to the satisfaction of EPCOR Inc.

36. That the Owner shall agree in the Subdivision Agreement that prior to final approval, arrangements will be made to the satisfaction of the Town of Collingwood for the relocation of any utilities required by the development of the subject lands to be undertaken at the expense of the Owner.

37. That the Owner will agree in the Subdivision Agreement that prior to final approval, the Owner is to submit a Streetscape and Stormwater Management Landscape Plan to the satisfaction of the Town of Collingwood. The Streetscape/Landscape Plan shall conform to the Town of Collingwood’s Subdivision Guidelines and Development Standards and also shall address such matters as the location of driveways. Groundwater monitoring shall be completed for a minimum two wet seasons and underside of basement slabs shall be a minimum of 0.5m above high groundwater levels.

38. That the Owner shall agree in the Subdivision Agreement to provide to the Town of Collingwood, a soils report recommending the material necessary for road construction to meet Town standards. This report shall also address any potential groundwater issues as they related to the proposed development of homes, roads and stormwater management facilities.

39. That the Owner shall co-ordinate the preparation of an overall utility distribution plan to satisfaction of all effected authorities and the Town of Collingwood.

40. That the Owner shall provide Canada Post with two copies of the above-ground utility coordination plans. Furthermore, that the Owner shall agree in the Subdivision Agreement to the following:

a. Work with Canada Post and the Town of Collingwood to determine and provide temporary suitable location prior to occupancy for the placement of the Centralized Mail Facility/Community Mailbox,

b. Work with Canada Post and the Town of Collingwood to determine the location of the Centralized Mail Facility/Community Mailboxes and to ensure that they are properly identified on all appropriate maps and plans; and,

c. Provide an appropriately sized sidewalk section (concrete pad) where applicable, to Canada Post’s and the Town of Collingwood’s specifications, any required walkways across the boulevard, and any required curb cuts for wheelchair access for the placement of the permanent Community Mailbox locations and include said requirements on the appropriate plans/maps.

41. That the Owner shall insert the following conditions in the Subdivision Agreement to the satisfaction of Enbridge Gas Distribution:

a. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities;

b. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for the installation of the gas lines; and,

c. The Owner shall provide current Town approved road cross-sections showing all utilities in the configuration proposed for all of the street widths within the development, and the gas locations must be a minimum of 0.6 metres from the street line.

42. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication / telecommunication infrastructure is currently available for the proposed development to provide communication / telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the connection to and/or extension of the existing communication / telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication / telecommunication infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternate communication / telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication / telecommunication services for emergency management service (i.e., 911 Emergency Services).

Construction and Communication Management Plan

43. That the Owner agrees to have prepared and to implement a construction management plan to the satisfaction of the Town of Collingwood prior to any site works or site alteration and shall provide updates for the entire construction process through to issuance of the completion certificate. This Plan shall be the Owner’s responsibility to implement at their cost and shall include the following at a minimum:

a. Central coordinating contact ad tracking for all community complaints and respective responses;

b. Trades communication and enforcement plan;

c. Project phasing, staging, periods of activity and operating hours including peak times and types of activity;

d. Parking for trades and deliveries;

e. Traffic protection plan for vehicular and pedestrian traffic in accordance with OTM Book 7;

f. Material delivery loading areas, coordination and enforcement;

g. Office space (construction trailer);

h. Working hours;

i. Debris (garbage);

j. Noise and dust control;

k. Importation and exportation of fill or surplus material;

l. Site access and egress;

m. Communications plan for providing notification to and addressing concerns of:

i. Immediately adjacent residents;

ii. Adjacent residents;

iii. the broader community who may have questions about the development; and,

iv. Purchasers/New homeowners;

n. Impact mitigation plan for residents affected by off-site servicing; and,

o. A contingency plan that addresses any additional impacts to private or municipal property not foreseen in the construction management plan including notification, compensation, and conflict resolution provisions as may be appropriate.

44. That the If in the opinion of the Town of Collingwood, the Owner fails to implement the Construction Management Plan and/or fails to update the Construction Management Plan to address concerns raised by the Town, the Town reserves the right to draw upon securities held as part of the subdivision or any agreement to implement the provisions of the Construction Management Plan and/or rectify the concerns for lands owned and not owned by the Municipality. Any amounts drawn from project securities for such implementation shall be replaced within 30 days. The Town shall seek full cost recovery plus appropriate administration fees and disbursements for all efforts as a result of the Owner’s failure to perform.

Tree Removal and Site Alteration

45. That prior to any tree removal or site alteration in advance of completion of the Subdivision Agreement, the Owner shall submit an Application to Destroy Trees to the satisfaction of the Town of Collingwood and all site works shall be in strict accordance with the approved Permit.

46. That prior to any tree removal or site alteration, the Owner shall be required to submit a Tree Preservation Plan to the satisfaction of the Town of Collingwood. The Tree Preservation Plan shall be consistent with any and all applicable recommendations of the reports required to be prepared under condition 4.

Urban Design and Architectural Control Guidelines

47. That the Owner agrees to provide, prior any presales of residential units, Urban Design and Architectural Control Guidelines prepared by a qualified Architect, and Landscape Architect as required, for peer review at the applicant’s expense. The Urban Design and Architectural Control Guidelines shall be in conformity with the Town of Collingwood Urban Design Manual and any other applicable documents or direction, shall contain graphics and visualizations to assist in application and shall identify an acceptable Control Architect review process, at the owner’s expense, all to the satisfaction of the Town of Collingwood.

48. That the Owner agrees to incorporate and operationalize the Urban Design and Architectural Control Guidelines through implementation process requirements to the satisfaction of the Town of Collingwood.

49. The Owner acknowledges and agrees that the process requirements associated with implementation of the Urban Design and Architectural Control Guidelines shall be to the satisfaction of Town of Collingwood and may be provided through satisfaction of the above noted condition, through provisions to be included in the Subdivision Agreement and/or through an alternate arrangement.

Matters to be addressed through implementation process requirements may include, but are not limited to, the following:

a. selection and hiring of a Control Architect, at the Owner’s expense, for review and approval purposes;

b. timing, submission and evaluation requirements for Control Architect clearance;

c. conflict resolution mechanisms in the event of disputes around Control Architect clearance; and,

d. submission of securities needed to address implementation issues, including but not limited to the above.

County of Simcoe Conditions

50. That prior to final approval, the Owner shall submit an updated D-4 Study report prepared by a qualified professional in accordance with Ministry of Environment, Conservation and Parks Guideline D-4 to the satisfaction of the County of Simcoe. If a satisfactory updated D-4 Study is submitted to the County and this draft plan of subdivision or any phase thereof within the D-4 assessment area [those Lots and Blocks within 500 metres of the Waste Disposal Site (“the D-4 Assessment Area Lots and Blocks”)] is not finally approved within five (5) years of the registration date of the original D-4 Development Agreement by the County, the recommendations of the updated D-4 Study shall be reconfirmed in writing by a qualified professional to the satisfaction of the County.

51. The Owner shall agree in the Subdivision Agreement in wording satisfactory to the County, to place an Inhibiting Order with a “No Dealings Restriction” on all D-4 Assessment Area Lots and Blocks associated with the County’s nearby closed waste management site. The No Dealings Restriction is to remain in place until such time as the County of Simcoe has confirmed in writing to the Town of Collingwood that a D-4 Development Agreement between the Owner and the County of Simcoe has been entered into and, if in the opinion of the County is required, has been registered on title to the D-4 Assessment Area Lots and Blocks. Once such agreement is entered into, and, if required, registered, the Inhibiting Order shall be released. The D-4 Development Agreement shall contain wording acceptable to the County to ensure that any recommendations made in the D-4 Study by the Owner’s consultant, and further by the County’s peer review consultant, be implemented. All costs associated with the preparation, execution and registration of the Inhibiting Order and the D-4 Development Agreement shall be borne by the Owner.

52. That the Owner shall agree in the Subdivision Agreement to include an appropriately worded warning clause in Agreements of Purchase and Sale for all D-4 Assessment Area Lots and Blocks, advising those prospective purchasers of the location of the closed waste management site and that there is a D-4 Development Agreement between the Owner and the County of Simcoe setting out requirements for development mitigation measures, if any are required in accordance with updated D-4 Study recommendations, to address the potential for nuisance or adverse effects from the County’s nearby closed waste management site off Osler Bluff Road.

Requirement for Warning Clauses

53. That the Owner shall agree in the Subdivision Agreement to provide for any warning clauses deemed necessary by the Town of Collingwood or partner agencies to provide notice of various issues identified by the Town of Collingwood or partner agencies, or that may arise from subsequent review and approvals, in all Offers of Purchase and Sale, lease/rental agreements and/or condominium declarations and similar documents, to the satisfaction of the Town of Collingwood.

54. That the Owner shall agree in the Subdivision Agreement, with wording to the satisfaction of the Simcoe Muskoka Catholic District School Board, to include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to / accommodated in temporary facilities out of the neighbourhood school’s area.

55. That the Owner shall agree in the Subdivision Agreement, with wording to the satisfaction of the Simcoe County District School Board, to include in all offers of purchase and sale a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area.

56. That the Owner shall agree in the Subdivision Agreement, with wording to the satisfaction of the Simcoe County District School Board, to include in all offers of purchase and sale a statement that advises the prospective purchaser that school buses will not enter cul de sacs and that pick-up points will not be located within the subdivision until major construction activity has been completed.

Dedication and Fees

57. That the Owner shall agree that the road allowances shown as Streets “1 and 2” on the draft plan shall be constructed and dedicated as public highways and named to the satisfaction of the Town of Collingwood. The design of the roadways shall meet the requirements of the Town as required.

58. The owner shall agree in the subdivision Agreement that Block 97 shall be dedicated to the Town of Collingwood per the Official Plan. In addition, the Owner shall agree in the subdivision agreement that as a condition of the development of any portion of Block 98, or that if an application for development has not been submitted for any portion of Block 98 at the time of registration, that the balance of the lands shown in cross hatching in the Official Plan of the Town of Collingwood Schedule ‘A2’ – Land Use Plan Detail shall be dedicated to the Town of Collingwood. The Owner shall further agree in the Subdivision Agreement that if it is determined through the additional studies required under condition 18 that any portion of Block 98 cannot be developed, then the undevelopable portion of Block 98, and the balance of the lands shown in cross hatching in the Official Plan of the Town of Collingwood Schedule ‘A2’ – Land Use Plan Detail shall be dedicated to the Town.

59. The Owner shall dedicate a 5.0m block through lot 98 or at another location suitable to the Town to provide a trail connection to the Georgian Trail.

60. That the Owner shall agree in the Subdivision Agreement that development charges, processing and administrative fees be paid prior to building permit issuance in accordance with the current policies and by-laws of the Town of Collingwood, County of Simcoe and School Boards.

61. That the Owner shall agree in the Subdivision Agreement that all dedications of land the Town of Collingwood requires shall be at no cost to the municipality.

62. That the Owner shall agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, stormwater management, utilities and construction purposes shall be designed to the satisfaction of, and granted to the appropriate agencies or authorities, free and clear of all encumbrances, save and except for any permitted encumbrances, to the satisfaction of the Town of Collingwood and all appropriate agencies or authorities.

63. That the Owner shall agree in the Subdivision Agreement to grant any easements that may be required for communication / telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing communication / telecommunication facilities or easements, the Owner/Developer shall be responsible for the relocation of such communication / telecommunication facilities or easements.

64. That the timing of land dedications and easements shall be at the Town of Collingwood’s and/or the applicable agency’s discretion and satisfaction and the Town may require the Owner to make such easements and land dedication as part of the Town’s inhibiting order arising from final registration.

Documentation

65. Prior to final approval the Owner shall provide the Town with an updated Traffic Brief to address existing conditions at the time of completion of the Subdivision Agreement and provide recommendations regarding any further measures that may be required to address traffic issues at that time.

66. Prior to final approval the Town shall receive written confirmation from the appropriate Provincial agency that the Archeological Assessment prepared by Amick Consultants Inc has been filed with the Ministry.

67. That prior to final approval, a copy of the proposed final plan is to be forwarded to the Town of Collingwood as the Approval Authority for review and approval.

68. That prior to Council enacting and passing a by-law to authorize the Subdivision Agreement the Town of Collingwood, as the Approval Authority, will be advised by the Owner in writing and with supporting documentation how all of the above conditions have been satisfied or will be satisfied.

69. Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act, R.S.O 1990, Chapter 13, as amended, this day of , 2022. The approval of this Draft Plan is for a period of three (3) years and will lapse on the day of , 2025

70. If final approval is not given to this plan within the draft approval time period above, the draft approval will lapse under subsection 51(32) of the Planning Act. Draft approval may be extended pursuant to subsection 51(33) of the Planning Act and in accordance with Town of Collingwood policies subject to subsection 51(33.1), (33.2), (33.3), but no extension can be granted once the draft approval has lapsed, unless the Town exercises its authority under subsection 51(33.1). If the applicant wishes to request an extension to draft approval, a written explanation, together with the completed application form and fee and all necessary updated supporting studies or other necessary documentation as identified by and to the satisfaction of the Town of Collingwood, must be received by the Town of Collingwood, acting reasonably, at least three (3) months prior to the lapsing date.

Clearances for Registration

71. That prior to signing of the final plan, the Town shall provide written confirmation that conditions 1 to 16, 19 to 21, 23, 25, 27 to 34, 35 to 39, 42 to 49, 53, and 57 to 70 have been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

72. That prior to signing of the final plan, the Nottawasaga Valley Conservation Authority shall provide written confirmation that conditions 17, 18, 19, and 20 to 26 have been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

73. That prior to signing of the final plan, EPCOR Inc. shall provide written confirmation that condition 35 has been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

74. That prior to signing of the final plan, Canada Post shall provide written confirmation that condition 40 has been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

75. That prior to signing of the final plan, Enbridge Gas Distribution shall provide written confirmation that condition 41 has been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

76. That prior to signing of the final plan, the County of Simcoe shall provide written confirmation that conditions 50 to 52 have been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

77. That prior to signing of the final plan, the Simcoe Muskoka Catholic District School Board Town shall provide written confirmation that condition 54 has been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

78. That prior to signing of the final plan, the Simcoe County District School Board shall provide written confirmation that conditions 55 and 56 have been carried out to their satisfaction with a brief but complete statement indicating how each condition has been satisfied.

Notes to Draft Approval

1. It is the applicant’s responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies referenced in these conditions to the Town, quoting file number.

2. It is suggested that the Owner be aware of Section 144 of the Land Titles Act and subsection 78(10) of the Registry Act. Subsection 144(1) of the Land Titles Act requires that a plan of subdivision of land that is located in a land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in subsection 144(2).

3. Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that is located only in a registry division cannot be registered under the Registry Act unless the title of the Owner of the land has been certified under the Certification of Title Act. Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10

4. The Town of Collingwood requires all engineering drawings to be submitted in AutoCAD 14 format as well as hardcopies.

5. All measurements in subdivision final plans must be presented in metric units.

6. All lands to be conveyed must be free and clear of all encumbrances save for any permitted encumbrances including any permitted easements.

7. The Owner will be required to contact Bell Canada’s Engineering Department regarding the details for servicing within the subdivision as well as the necessary Letters of Understanding.

8. The Nottawasaga Valley Conservation Authority will require a copy of the executed Subdivision Agreement once it is available.

9. The Owner shall agree, prior to final approval, to pay all development fees to the Conservation Authority as required in accordance with the Nottawasaga Valley Conservation Authority’s fees policy, under the Conservation Authorities Act.

10. If agency draft plan conditions concern conditions within the Subdivision Agreement, a copy of the Agreement should be sent to them to expedite the clearance of the final plan.

11. No further parkland levy either by way of land or cash-in-lieu is payable in connection with this development in light of the conveyance requirements contained within the Official Plan of the Town of Collingwood.

12. The approval of this draft plan is for a period of three (3) years and will lapse on

13. If final approval is not given to this plan within the draft approval time period above the draft approval will lapse under subsection 51(32) of the Planning Act. Draft approval may be extended pursuant to subsection 51(33) of the Planning Act but no extension can be granted once the draft approval has lapsed.

14. If the applicant wishes to request an extension to draft approval a written explanation, together with the completed application form and fee, must be received by the Town ninety (90) days prior to the lapsing date.

15. The Final Plan approved by the Town must be registered within 30 days or the Town may withdraw its approval under subsection 51(59) of the Planning Act, R.S.O. 1990, as amended.

Subject to the conditions set forth above, this Draft Plan is approved under Section 51(31) of the Planning Act, R.S.O 1990, Chapter 13, as amended, this day of , 2022.