Calloway Real Estate Investment Trust Inc. v. Aurora (Town), 2024 CanLII 102814

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

October 18, 2024

CASE NO.:

OLT-23-000209

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

Applicant/Appellant:

Calloway Real Estate Investment Trust Inc.

Subject:

Zoning By-law Amendment Application – failure to make a decision

Description:

To permit five mid-rise buildings and three rows of townhouses

Reference Number:

ZBA-2021-04

Property Address:

14700 and 14720-14760 Yonge Street

Municipality/UT:

Town of Aurora/York Region

OLT Case No.:

OLT-23-000209

OLT Lead Case No.:

OLT-23-000209

OLT Case Name:

Calloway Real Estate Investment Trust Inc. v. Aurora (Town)

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant:

SmartCentres REIT (Aurora 14700 Yonge) Limited Partnership X and Calloway Real Estate Investment Trust Inc.

Subject:

Site Plan Control Application – Failure to Approve

Description:

To permit five mid-rise buildings and three rows of townhouses

Reference Number:

SP-2021-09

Property Address:

14700 and 14720-14760 Yonge Street

Municipality/UT:

Town of Aurora/York Region

OLT Case No.:

OLT-23-000210

OLT Lead Case No.:

OLT-23-000209

OLT Case Name:

Calloway Real Estate Investment Trust Inc. v. Aurora (Town)

BEFORE:

G.A. CROSER

Tuesday, the 1^st

MEMBER

day of October, 2024

THESE MATTERS, in respect of the lands at 14700 and 14720-14760 Yonge Street in the Town of Aurora, having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on July 5, 2023 and the Tribunal having issued a Decision on October 23, 2023;

AND THE TRIBUNAL having reviewed the settlement materials filed by the Parties consisting of the Affidavit of David McKay and Draft Order, and the updated Participant Statement of YRCC 920 (Mosaics Community);

AND THE TRIBUNAL, upon reviewing the opinion evidence in the area of land use planning authored by David McKay RPP and Participant Statement of YRCC 920 (Mosaics Community), finds that the appeal made pursuant to subsection 34(11) of the Planning Act (the “Appeal”) should be allowed and that the proposed redevelopment of the lands known municipally in the Town of Aurora as 14700, 14720 -14760 Yonge Street are approved in accordance with the plans attached as Exhibit “F” to the Affidavit of David McKay;

AND THE TRIBUNAL finding that the Subject Lands are already designated for development as they are designated within the Aurora Promenade area within the Town of Aurora Official Plan and are presently zoned commercial, and that the proposed mixed-use development will provide much needed housing in a variety of forms, is supportive of existing transit infrastructure, and is an appropriate location for residential intensification;

AND THE TRIBNUAL finding that this application represents good planning that is in the public interest, has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement, 2020, and conforms with the Growth Plan for the Greater Golden Horseshoe, 2020, Oak Ridges Moraine Conservation Plan, Lake Simcoe Protection Plan, York Region Official Plan 2010 and 2022 versions, and the Town of Aurora Official Plan;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT:

1. The Appeal is allowed and the Town of Aurora Zoning By-law No.6000-17, as amended, is hereby amended in the manner as set out in “Attachment 1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a by-law number for record keeping purposes;

2. The appeal under subsection 41(12) of the Planning Act is allowed and the plans and drawings prepared by Diamond Schmitt Architects, dated April 16, 2024, are approved subject to the conditions attached hereto as “Attachment 2”.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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

ZONING BY-LAW AMENDMENT

The Corporation of the Town Of Aurora

By-law Number XXXX-24

Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 14700 & 14720-14760 Yonge Street (File No. ZBA-2021-04)

Whereas under section 34(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), zoning by-laws may be passed by the councils of local municipalities to prohibit and regulate the use of land, buildings and structures;

And whereas on June 27, 2017, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 6000-17, as amended (the “Zoning By-law”), which Zoning By- law was appealed to the Ontario Municipal Board (the “OMB”);

And whereas on January 29, 2018, the OMB made an order, in accordance with subsection 34(31) of the Planning Act, providing that any part of the Zoning By-law not in issue in the appeal shall be deemed to have come into force on the day the Zoning By-law was passed;

And whereas the OMB and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “OLT”), and any reference to the Ontario Municipal Board or the OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a reference to the OLT;

And whereas on October 18, 2024, the OLT issued an Order for OLT Case No. OLT-23-000209 (the “Order”) approving an amendment to the Zoning By-law respecting the lands municipally known as 14700 & 14720-14760 Yonge Street, following an appeal pursuant to section 34(11) of the Planning Act;

Now therefore the Zoning By-law is amended by the Ontario Land Tribunal as follows:

1. THAT the Zoning By-law be and is hereby amended to replace the Community Commercial C4(221) Exception Zone and the Community Commercial C4(514) Exception Zone zoning categories applying to the lands shown in hatching on Schedule A attached hereto and forming part of this By-law with Mixed Residential Commercial C6(XXX) Exception Zone and “(H)Mixed Residential Commercial C6(XXX) Exception Zone”.

2. THAT the Zoning By-law be and is hereby amended to add the following zones:

24.XXX Mixed Residential Commercial C6 (XXX) Exception Zone

Parent Zone: C6 Exception No.: XXX

Map: 4

Previous Zones: C4 (221) C4 (514)

Previous By-laws: 6175-19

Municipal Address:

14700 Yonge Street (Phase 1, Southern Site)

Legal Description:

Part Lots 76 & 77 Concession 1 WYS, Part 3 65R-18443

24.XXX.1 Permitted Uses

In addition to the permitted uses listed under the Mixed Residential Commercial C6 zone in Section 9.1 of Comprehensive Zoning By-law 6000-17, the following uses are also permitted:

• Animal hospital;
• Apartment dwelling units at grade and above;
• Commercial school;
• Communal housing;
• Dry-cleaning establishment;
• Garden centre;
• Hotel;
• Institutional uses;
• Live-work units;
• Parks;
• Parking facilities at grade and/or in structure associated with a permitted use;
• Personal service shop;
• Place of entertainment;
• Place of worship;
• Public and private utilities;
• Public authority;
• Temporary Sales Trailer and / or Office;
• Tourist information centre;
• Townhouse dwelling units at grade and above;
• Urban squares.

Notwithstanding the above, prior to a building permit being issued for a building(s) containing Apartment dwelling units or Townhouse dwelling units, the permissions of the C4(514) zone shall continue to apply, as existed on the date of passing.

24.XXX.2 Zone Requirements

24.XXX.2.1 Lot Specifications

The front lot line shall be Yonge Street.

Despite any existing or future conveyance, consent, severance, partition or division of the lot, the provisions of this C6(XXX) Zone shall apply to the lands shown hatched on Schedule A as if no conveyance, consent, severance, partition, or division occurred.

24.XXX.2.2 Siting Specifications

Minimum Side Yard (north):

27.0 m

Minimum Rear Yard (west):

7.0 m

Minimum Front Yard (Yonge Street):

5.0 m

Minimum Side Yard (south):

7.0 m

24.XXX.2.3 Building Specifications

Maximum Unit Total:

480

Maximum Retail GFA:

900 square metres

Maximum Lot Coverage:

50%

Minimum Lot Coverage:

40%

Maximum Building Height:

Refer to the Height Figure included under Section 24.XXX.8

For Part A: 6 storeys or 23 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances.

For Part B: 7 storeys or 28 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances.

For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 sq m.

The above maximum height permissions are only permitted if the following requirements can be met:

i) A minimum building stepback of 1.5 metres shall be provided for the main front wall and exterior side wall at or below the fourth storey from the front yard and exterior side yard respectively;

ii) A building greater than four storeys must be located within a 45 degree angular plane measured from the western property line of the lot;

24.XXX.3 Parking Standards

Minimum Non-Residential Spaces:

3.5 spaces per 100 sq m

Minimum Resident Spaces:

0.8 spaces per dwelling unit

Minimum Visitors Spaces:

0.2 spaces per dwelling unit

Required Non-Residential and Visitor Parking Spaces may be shared to meet the above requirements.

Notwithstanding Section 5.2 of Comprehensive Zoning By-law 6000-17 the minimum parking space sizes shall be:

i. 2.6 m x 5.6 m for single and tandem parking spaces; and

ii. 2.6 m x 6.5m for parallel parking spaces.

24.XXX.4 Ingress and Egress

Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress) of Comprehensive Zoning By-law 6000-17, the following standards shall apply:

• The minimum width of the private streets and drive aisles leading to parallel and 90 degree parking spaces shall be 6.0 metres.

• A maximum of two entrance and exit ramps for automobile traffic shall be permitted (four over the total of 14700 Yonge Street and 14720 and 14760 Yonge Street) provided that each dual direction access ramp shall have a minimum width of 6.0 metres and a maximum width of 7.5 metres, at the street line.

24.XXX.5 Access to Commercial and Employment Zones from Residential Zones

Section 5.5.5 of Comprehensive Zoning By-law 6000-17 shall not apply.

24.XXX.6 Amenity Area

The minimum amenity space provision shall be 18 sq m per dwelling unit combined for indoor and outdoor amenity space.

24.XXX.7 Landscaping and Buffer Strips

A strip of land shall be provided adjacent to the entire length of the western and southern lot lines which shall be used for no other purpose than landscaping. For the purposes of this section, such landscaping may include retaining walls and curbs and can be located within the rear yards of townhouse buildings.

The width of the landscaping strips shall be a minimum of 3.0 metres abutting the southern and western property lines except when adjacent to a driveway, in which it may be reduced to 1.0 m and may be crossed by a perpendicular driveway.

Notwithstanding the provisions of Section 4.8 of Comprehensive Zoning By-law 6000-17, a planting strip with a minimum width of 3 metres shall be provided along the entire length of the western property line and can be located within the rear yards of townhouse buildings.

24.XXX.8 Height and Phasing Figure

24.XXX Hold (H) Mixed Residential Commercial C6 (XXX) Exception Zone

Parent Zone: (H)C6 Exception No.: XXX

Map: 4

Previous Zones: C4 (221)

Previous By-laws: 3726-96.D, 3828-97.D

Municipal Address: 14720-14760 Yonge Street (Phase 2, Northern Site)

Legal Description: Concession 1 WYS, Part 3 65R-18443

24.XXX.1 Permitted Uses

In addition to the permitted uses listed under the Mixed Residential Commercial C6 zone in Section 9.1 of Comprehensive Zoning By-law 6000-17, the following uses are also permitted:

• Animal hospital;
• Apartment dwelling units at grade and above;
• Commercial school;
• Communal housing;
• Dry-cleaning establishment;
• Garden centre;
• Hotel;
• Institutional uses;
• Live-work units;
• Parks;
• Parking facilities at grade and/or in structure associated with a permitted use;
• Personal service shop;
• Place of entertainment;
• Place of worship;
• Public and private utilities;
• Public authority;
• Temporary Sales Trailer and / or Office;
• Tourist information centre;
• Townhouse dwelling units at grade and above;
• Urban squares.

24.XXX.2 Zone Requirements

24.XXX.2.1 Lot Specifications

The front lot line shall be Murray Drive, and the exterior side lot line shall be Yonge Street.

Despite any existing or future conveyance, consent, severance, partition or division of the lot, the provisions of this (H)C6(XXX) Zone shall apply to the lands shown hatched on Schedule A as if no conveyance, consent, severance, partition, or division occurred.

24.XXX.2.2 Siting Specifications

Minimum Front Yard (Murray Drive):

5.0 m

Minimum Interior Side Yard (west):

7.0 m

Minimum Exterior Side Yard (Yonge Street):

5.0 m

Minimum Exterior Side Yard Daylight Triangle Setback:

3.0 m

Minimum Rear Yard (southern property boundary):

12.0 m

24.XXX.2.3 Building Specifications

Maximum Unit Total:

420

Maximum Retail GFA:

1,800 square metres

Maximum Lot Coverage:

60%

Minimum Lot Coverage:

40%

Maximum Building Height:

Refer to the Height Figure included under Section 24.XXX.8

For Part A: 6 storeys or 23 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances.

For Part B: 7 storeys or 28 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances.

For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7^th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 sq m.

The above maximum height permissions are only permitted if the following requirements can be met:

i) A minimum building stepback of 1.5 metres shall be provided for the main front wall and exterior side wall at or below the fourth storey from the front yard and exterior side yard respectively;

ii) A building greater than four storeys must be located within a 45 degree angular plane measured from the western property line of the lot;

24.XXX.3 Parking Standards

Minimum Non-Residential Spaces:

3.5 spaces per 100 sq m

Minimum Resident Spaces:

0.8 spaces per dwelling unit

Minimum Visitors Spaces:

0.2 spaces per dwelling unit

Required Non-Residential and Visitor Parking Spaces may be shared to meet the above requirements.

Notwithstanding Section 5.2 of Comprehensive Zoning By-law 6000-17, the minimum parking space sizes shall be:

i. 2.6 m x 5.6 m for single and tandem parking spaces; and

ii. 2.6 m x 6.5m for parallel parking spaces.

24.XXX.4 Ingress and Egress

Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress) of Comprehensive Zoning By-law 6000-17, the following standards shall apply:

• The minimum width of the private streets and drive aisles leading to parallel and 90 degree parking spaces shall be 6.0 metres.

• A maximum of two entrance and exit ramps for automobile traffic shall be permitted (four over the total of 14700 Yonge Street and 14720 and 14760 Yonge Street) provided that each dual direction access ramp shall have a minimum width of 6.0 metres and a maximum width of 7.5 metres, at the street line.

24.XXX.5 Access to Commercial and Employment Zones from Residential Zones

Section 5.5.5 of Comprehensive Zoning By-law 6000-17 shall not apply.

24.XXX.6 Amenity Area

The minimum amenity space provision shall be 18 sq m per dwelling unit combined for indoor and outdoor amenity space.

24.XXX.7 Landscaping and Buffer Strips

A strip of land shall be provided adjacent to the entire length of the western lot lines which shall be used for no other purpose than landscaping. For the purposes of this section, such landscaping may include retaining walls and curbs and can be located within the rear yards of townhouse buildings.

The width of the landscaping strips shall be a minimum of 3.0 metres abutting the western property lines except when adjacent to a driveway, in which it may be reduced to 1.0 m and may be crossed by a perpendicular driveway.

Notwithstanding the provisions of Section 4.8 of Comprehensive Zoning By-law 6000-17, a planting strip with a minimum width of 3 metres shall be provided along the entire length of the western property line and can be located within the rear yards of townhouse buildings.

24.XXX.8 Figure

24.XXX.9 Holding Symbol

Notwithstanding the provisions of Section 24.XXX, while the (H) Holding symbol is in place for the subject lands, no person shall within the lands zoned (H)C6(XXX) on Schedule A attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses permitted by the C4(221) Zone, which existed on the date of Passing.

24.XXX.10 Removal of Holding Symbol

Prior to the passing of a by-law to remove the (H) Holding symbol from the lands zoned (H)C6(XXX) or any part thereof, the Town of Aurora shall be satisfied that the following conditions shall have been complied with:

a) The Town of Aurora has approved a transfer of servicing allocation to this Phase 2 development that is not dependent upon the completion of infrastructure; or York Region has advised in writing that the required infrastructure to support the capacity assignment associated with this development will be completed within a time period acceptable to the Region to permit the plan registration; or the Regional Commissioner of Environmental Services has confirmed servicing allocation for this development by a suitable alternative method and the Town of Aurora has allocated capacity to this development.

3. This By-law shall come into full force subject to compliance with the provisions of the Planning Act and subject to compliance with such provisions, this By-law will take effect from the date of the Order.

4. If a building permit that is necessary for the development of the Phase 1 lands zoned C6(XXX) has not been issued under the Building Code Act, 1992, S.O, 1992, c.23, as amended, for any building or structure so authorized by this By-law within 7 years from the date of the final OLT Order being issued, then a Holding symbol as shall be imposed on these Phase 1 lands, with a requirement for the removal of the Holding Symbol being that the applicant obtain new servicing allocation from the Town.

Pursuant to the Order of the Ontario Land Tribunal issued on the 18^th day of October, 2024, under OLT Case No. OLT-23-000209.

Explanatory Note

Re: Zoning By-law Number XXXX-24

By-law Number XXXX-24 has the following purpose and effect:

To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from Community Commercial C4(221) Exception Zone and Community Commercial C4(514) Exception Zone zoning categories to Mixed Residential Commercial C6(XXX) Exception Zone and (H) Mixed Residential Commercial C6(XXX) Exception Zone.

The rezoning will permit redevelopment of the existing commercial plaza to a mixed use development consisting of 900 residential units (480 units Phase 1, 420 units Phase 2) and retail / commercial uses within mid-rise and townhouse buildings on the consolidated site that is currently known as 14700 & 14720-14760 Yonge Street. The development will be phased with Phase 2 requiring the lifting of a holding provision prior to development proceeding. Site-specific performance standards pertaining to parking, height, amenity area and setbacks will apply.

ATTACHMENT 2

CONDITIONS OF SITE PLAN APPROVAL

The Town of Aurora’s Conditions of Site Plan Approval

Site Plan Application (SP-2021-09)

SmartCentres REIT (Aurora 14700 Yonge) Limited Partnership X and Calloway Real Estate Investment Trust Inc.

14700 Yonge Street

PT LT 76 CON 1 KING; PT LT 77 CON 1 KING PT 3, 65R18443 T/W R718011 & R718015; S/T R718012 & R718013; AURORA

The following conditions shall be satisfied by the Owner of the Lands (the “Owner”) prior to the release for registration of the Site Plan (the “Plan”).

Planning Division

1. The final Site Plan prepared by Diamond Schmitt Architects dated April 16, 2024 with respect to the development of a 480-unit mixed-use development (Phase 1), and the associated conditions of Site Plan Approval, may be amended to the satisfaction of the Planning Division if revisions are required to implement or integrate any recommendations resulting from studies required as a condition of Site Plan approval. Further, minor redline revisions to the Site Plan may also be required.

2. That prior to execution of the Development Agreement(s), the lands shall be appropriately zoned by a zoning by-law that has come into effect in accordance with the provisions of the Planning Act R.S.O. 1990, c. P.13, as amended.

3. That the Owner be required to enter into a Development Agreement(s) with the Town of Aurora to address requirements of the Town and external agencies, including but not limited to, provision for payment by the Owner of all applicable fees, easement requirements, securities, cash-in-lieu of parkland and any other financial obligations.

4. That prior to the execution of the Development Agreement(s), the Owner agrees to provide the required reports and plans and satisfy any outstanding technical comments as provided by the Town and external agencies through the comment package dated March 1, 2023, to the satisfaction of the Director of Planning and Development Services.

5. A clause shall be added to the Development Agreement(s) stating that the Owner shall carry out or cause to be carried out the recommendations of the studies prepared in support of the development, including but not limited to the recommendations of the Green Development Report, Functional Servicing Report, Stormwater Management Report, Environmental Site Assessment, Transportation Study, Hydrogeological Report, Geotechnical Report, Tree Inventory and Preservation Plan, Noise Report and any other studies as applicable.

Development Engineering

6. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters and provide final Engineering Plans, reports, updated Cost Estimates, securities and fees relating to the proposed development to the satisfaction of the Town, including but not limited to updated cost estimates for Engineering works, bulk water fees, the preparation of a construction management plan, functional servicing report, stormwater management plan, salt water management plan, noise and vibration report, hydrogeological monitoring, Environmental Site Assessment, and utility plans, and to carry out the recommendations of such reports as required.

7. That prior to execution of the Development Agreement(s), the Owner shall confirm servicing capacity through a downstream sanitary sewer analysis and provide information on metering to the satisfaction of the Director of Planning and Development Services.

8. That prior to execution of the Development Agreement(s), the Owner shall confirm the required maintenance of the existing retaining wall on the southern end of the property.

Operations Division

9. A clause be added to the Development Agreement(s), to the satisfaction of the Town, that the Owner acknowledge that no securities be released until Public Works has had a chance to inspect what was constructed to ensure benching and water connections have been completed to the satisfaction of the Town’s Operations Division.

10. That a clause be added to the Development Agreement(s) stating that the Owner acknowledges to comply with the Town’s Backflow Prevention By-law to the satisfaction of the Town’s Operations Division.

11. That prior to the execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters relating to the proposed development and confirm appropriate access for waste management vehicles on-site and for the neighbouring properties (Mosaics Avenue), to the satisfaction of the Town.

Parks

12. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and provide final landscape drawings, Cost Estimates, fees and securities relating to the proposed development to the satisfaction of the Parks Division.

13. That the Owner shall agree in the Development Agreement(s) to grant any easements required to the Town, as needed.

14. A clause shall be added to the Development Agreement(s) stating that the Owner shall carry out or cause to be carried out the recommendations of the Landscape Plans and tree Inventory and Preservation Plans to the satisfaction of the Parks Division, as required, with required compensations for tree values also to be accounted for to the satisfaction of the Town.

Accessibility

15. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters and provide final plans to the satisfaction of the Town.

Traffic/Transportation

16. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters and provide final reports and plans relating to the proposed development to the satisfaction of the Town, including but not limited to a detailed Traffic Management Plan and Swept Path Analysis, with the recommendations of which to be implemented by the Owner.

Building

17. That prior to the execution of the Development Agreement(s), a Record of Site Condition must be filed with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Director of Planning and Development Services.

External Agencies:

Central York Fire Services

18. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters relating to the proposed development and confirm appropriate access for emergency vehicles for the subject site and neighbouring properties (Mosaics Avenue), to the satisfaction of Central York Fire Services.

19. The Owner agrees to maintain emergency vehicle access during construction.

Lake Simcoe Conservation Authority (LSRCA)

20. That prior to the execution of the Development Agreement(s), all outstanding reports and studies are to be provided and comments are to be addressed, including but not limited to the following being prepared to the satisfaction of the LSRCA and Town:

• An updated storm water management report inclusive of water budget (full Hydrogeological Assessment)

• Ground level monitoring

• Operations and Maintenance Manuals

• An updated erosion and sediment control plan

• LSRCA Engineering Submission Checklist

21. That prior to the execution of the Development Agreement(s), the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.

22. That prior to the execution of the Development Agreement(s), the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the Phosphorus Offsetting Policy:

• Phosphorus budget

• Compensatory measures if required

23. That the owner shall agree in the Development Agreement(s) to carry out, or cause to be carried out, the recommendations and requirements contained within the plans and reports as approved by the LSRCA and the Town.

24. That the owner shall agree in the Development Agreement(s) to retain a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA and the Town.

25. That the owner shall agree in the Development Agreement(s) to ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any site alteration or grading.

26. That the owner shall agree in the Development Agreement(s) to grant any easements required for storm water management purposes to the Town.

27. That the Owner shall agree in the Development Agreement(s) to indemnify and save harmless the Town and LSRCA from all costs, losses, damages, judgements, claims, demands, suits, actions, or complaints resulting from any increased flooding or erosion to property and people as a result of the approved storm water management scheme. The Owner shall obtain and maintain in full force and effect during the term of this Agreement general liability insurance with respect to the storm water management works and system.

Canada Post

28. That the owner must supply, install and maintain a centralized mail room facility to Canada Post’s specifications as required.

29. That the owner comply with all required conditions and requirements of Canada Post in regard to the location and installation of Community Mailboxes.

Metrolinx

30. That the owner consult with Metrolinx regarding the appropriate warning clauses to be included in the Development Agreement(s) and Purchase and Sale Agreements for future purchasers.

York Region

31. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters and provide final Plans, reports and fees relating to the proposed development to the satisfaction of the Town and Region as required. The Owner shall be required to carry out all recommendations of such reports as required.