Avenue 7 Developments Ltd. v. Vaughan (City), 2024 CanLII 126543

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 20, 2024

CASE NO(S).: OLT-24-000031

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: OP.22.008

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000031

OLT Lead Case No.: OLT-24-000031

OLT Case Name: Avenue 7 Developments Ltd. v. Vaughan (City)

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

Applicant/Appellant: Avenue 7 Developments Ltd.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: Z.22.015

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000032

OLT Lead Case No.: OLT-24-000031

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

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: 19T-22V002

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000033

OLT Lead Case No.: OLT-24-000031

Heard: September 18, 2024 by video hearing

APPEARANCES:

Parties	Counsel
Avenue 7 Developments Ltd.	Eileen Costello
City of Vaughan	Colin Dougherty
Doney Hill Holdings Inc. and Doney 80 Corp.	Brendan Ruddick
Canadian National Railway Company	Jessica Jakubowski
Kohl & Frisch Limited/ 2225928 Ontario Limited	Jonathan Cheng

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON SEPTEMBER 18, 2204 AND ORDER OF THE TRIBUNAL

1The matter before the Ontario Land Tribunal (the “Tribunal”) was with respect to the appeals of the non-decision of the City of Vaughan (the “City”) regarding applications to amend the Official Plan, Zoning By-law and a Draft Plan of Subdivision.

2The purpose of this second Case Management Conference (the “CMC”) was to receive status updates from all Parties to organize the hearing of these appeals.

3The Parties on consensus, have agreed to evaluate a possible resolution through mediation.

4The Tribunal heard that the Parties are seeking a twenty (20) day hearing.

5The Tribunal hereby schedules a hearing of these appeals commencing on Monday, October 20, 2025 at 10 a.m. Twenty (20) days have been set aside.

6Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

7Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is: 687-587-165.

9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

10The Procedural Order attached as Schedule A shall govern the conduct of this proceeding.

11No further notice will be given.

12The Member is not seized.

“Carmine Tucci”

CARMINE TUCCI

Member

Ontario Land Tribunal

Website: www.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.

SCHEDULE A

ISSUE DATE: December 20, 2024 CASE NO(S).: OLT-24-000031; OLT-24-000032; OLT-24-000033

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: OP.22.008

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000031

OLT Lease Case No.: OLT-24-000031

OLT Case Name: Avenue 7 Developments Ltd. v. Vaughan (City)

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

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: Z.22.015

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000032

OLT Lease Case No.: OLT-24-000031

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

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: 19T-22V002

Property Address: 2267 Highway 7 and 7700 Keele Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-24-000033

OLT Lease Case No.: OLT-24-000031

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on October 20, 2025 at 10:00am at https://global.gotomeeting.com/join/687587165 Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is: 687-587-165.

3. The parties’ initial estimation for the length of the hearing is 20 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before Thursday May 1, 2025 (at least 120 days prior to the exchange of expert witness statements). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for the Tribunal to adjourn the hearing.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday July 11, 2025 (at least 100 days prior to the start of the hearing) and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before Friday August 1, 2025 (at least 80 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday August 11, 2025 (at least 70 days prior to the start of the hearing)

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before Friday August 29, 2025 (at least 50 days prior to the start of the hearing), the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

15. On or before Friday August 29, 2025 (at least 50 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Monday September 15, 2025 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday September 20, 2025 (at least 30 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Wednesday September 10, 2025 (at least 40 days prior to the start of the hearing) and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Tuesday September 20, 2025 (at least 20 days prior to the start of the hearing).

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday September 20, 2025 (at least 30 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Attachment 1

Summary of Dates

DATE	EVENT
Thursday May 1, 2025 (120 days before exchange of expert witness statements)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Friday July 11 2025 (100 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
Tuesday July 22, 2025 (90 days prior to hearing)	Challenges to qualifications of witnesses, if any
Friday August 1, 2025 (80 days prior to hearing)	Experts meeting prior to this date, if any
Monday August 11, 2025 (70 days prior to hearing)	Exchange agreed statement of facts, if any
Friday August 29, 2025 (50 days before hearing)	Exchange of witness statements and expert witness statements; and Exchange of participant statements
Wednesday September 10, 2025 (40 days prior to hearing)	Exchange of written response to evidence
Monday September 15, 2025 (35 days before the hearing)	Parties to inform Tribunal if all hearing dates are required
Friday September 20, 2025 (30 days prior to hearing)	Exchange of visual evidence, if any; and File hearing plan with the Tribunal
Tuesday September 30, 2025 (20 days prior to hearing)	Finalize and file joint document book
Monday October 20, 2025 – Friday November 14, 2025 (Tribunal not sitting on Tuesday November 11, 2025)	Hearing Dates

Attachment 2

List of Parties and Participants

Parties:

Avenue 7 Developments Ltd. Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto ON M5J 2T9 Eileen P.K. Costello Tel: 416.865.4740 Fax: 416.863.1515 Email: ecostello@airdberlis.com David Neligan Tel: 416.865.7751 Fax: 416.863.1515 Email: dneligan@airdberlis.com

Canadian National Railway Company Dentons Canada LLP 77 King Street West, Suite 400, Toronto, ON, M5K 0A1 Katarzyna Sliwa Tel: 416.863.4628 Email: kat.sliwa@dentons.com Max Reedijk Tel: 416.863.4726 Email: max.reedjik@dentons.com

City of Vaughan City of Vaughan Legal Services 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 Colin Dougherty Tel: 905.832.2281 x.8571 Email: colin.dougherty@vaughan.ca

Doney Hill Holdings Inc. and Doney 80 Corp. Loopstra Nixon LLP 100 New Park Place, Suite 303 Vaughan Ontario L4K H91 Quinto M. Annibale Tel: 416.748.4757 Email: qannibale@loonix.com Brendan Ruddick Tel: 416.748.5126 Email: bruddick@ln.law

Kohl & Frisch Limited and 2225928 Ontario Limited Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto Ontario M5L 1B9 Jonathan S. Cheng Tel: 416.869.6807 Email: jcheng@stikeman.com

Participants:

Concord West Ratepayers Association Cathy Ferlisi, President Tel: 416.565.7087 Email: cathyferlisi63@gmail.com

Nadmarc Group Inc. and Keeleview Centre Holdings Ltd. EMC Group Limited 7577 Keele Street, Suite 200 Vaughan, ON, L4K4X3 Nadia Zuccaro, Senior Planner Tel: 905.738.3939 x. 229 Email: nzuccaro@emcgroup.ca

Attachment 3

Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.

Planning Act

1. Do the applications have adequate regard for matters of provincial interest set out in Section 2 of the Planning Act, including Subsections 2(h), (n), (o), and (p)?

[Kohl & Frisch Limited and 2225928 Ontario Limited; Doney Hill Holdings Inc. and Doney 80 Corp.; Canadian National Railway Company]

2. Do the applications have appropriate regard for matters of provincial interest in section 2(k) of the Planning Act?

[Doney Hill Holdings Inc. and Doney 80 Corp; Kohl & Frisch Limited and 2225928 Ontario Limited]

3. Does the proposed draft plan of subdivision application have appropriate regard for the matters identified in Subsection 51(24) of the Planning Act?

[Doney Hill Holdings Inc. and Doney 80 Corp.; Canadian National Railway Company]

4. Does the proposed draft plan of subdivision application have appropriate regard for the matters identified in Subsection 51(24) paragraphs (a), (b), (c), (e), and (i) of the Planning Act?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

5. Do the proposed Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA), Draft Plan of Subdivision and Draft Plan Conditions have appropriate regard for matters of provincial interest as outlined in Sections 2(f), (l), (m), (q), and (r)? [Canadian National Railway Company]

Places to Grow Act

6. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions take into consideration matters addressed by the Places to Grow Act, 2005, in particular section 14(4)?

[Canadian National Railway Company]

Provincial Policy Statement | Provincial Planning Statement

7. Are the applications consistent with the policies of the Provincial Policy Statement (2020), in particular Policy 1.3.2.2? [Kohl & Frisch Limited and 2225928 Ontario Limited]

8. If applicable, are the applications consistent with the Provincial Policy Statement, 2020 and in particular Policy 1.3.2.6, [Doney Hill Holdings Inc. and Doney 80 Corp]

9. Are the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions consistent with the Provincial Policy Statement, 2020 (PPS), specifically Part III, Part IV and Part V Policies 1.0, 1.1.1, 1.1.3, 1.1.3.2, 1.1.3.7, 1.2.1, 1.2.3, 1.2.4, 1.2.6, 1.3.2, 1.4.1, 1.4.3(b)(1), 1.4.3(f) , 1.6.1, 1.6.2, 1.6.3, 1.6.4, 1.6.7, 1.6.8, 1.6.9.1, 1.7.1, 1.8.1, 3.0, 4.0, and associated definitions? [Canadian National Railway Company]

10. Are the applications consistent with the policies of the Provincial Policy Statement (2020), in particular Policy 1.1.3.4? [Kohl & Frisch Limited and 2225928 Ontario Limited; Doney Hill Holdings Inc. and Doney 80 Corp; Canadian National Railway Company]

11. Are the applications consistent with the policies of the Provincial Policy Statement (2020), in particular Policies 1.1.1c), 1.2.6.1, 1.2.6.2, 1.3.2.1, 1.3.2.3? [Kohl & Frisch Limited and 2225928 Ontario Limited; Doney Hill Holdings Inc. and Doney 80 Corp]

12. Are the applications consistent with the policies of the Provincial Policy Statement (2020), in particular Policies 1.1.2 and 1.3.1? [Kohl & Frisch Limited and 2225928 Ontario Limited; Canadian National Rail Company]

13. If applicable, are the applications consistent with the Provincial Policy Statement, 2020 and in particular Policy 1.4.3(f)? [Doney Hill Holdings Inc. and Doney 80 Corp; Canadian National Railway Company]

14. Are the applications consistent with the polices of the Provincial Planning Statement (2024), in particular Policies 2.8.1.1 e), 2.8.1.3, 2.8.2.1, 2.8.2.3 e), 2.8.2.4, 3.5.1, 3.5.2, 6.1.1, 6.1.5, 6.1.7, and associated appendices and definitions?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

15. If applicable, are the applications consistent with the Provincial Planning Statement, 2024 and in particular policies 2.8.1.3, 2.8.2.1, 2.8.2.3.(e), 2.8.2.4, 3.5.1, 3.5.2?

16. [Doney Hill Holdings Inc. and Doney 80 Corp]Are the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions consistent with the Provincial Planning Statement, 2024 (PPS), 2.8.2.1, 6.1.1, 6.1.5, 6.1.7, and associated appendix and definitions.

[Canadian National Railway Company; Kohl & Frisch Limited and 2225928 Ontario Limited]

17. Are the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions consistent with the Provincial Planning Statement, 2024 (PPS), Chapter 1 and policies 2.1.6, 2.3.1.1, 2.3.1.2, 2.3.1.3, 2.4.1.1, 2.4.1.2, 2.4.1.3, 2.4.2.2, 2.4.2.3, 2.4.3.1, 2.8.1.1, 2.8.1.2, 2.8.1.3, 2.8.1.4, 2.8.2.2, 2.8.2.3, 2.8.2.4, 2.8.2.5, 2.9.1, 3.1.1, 3.1.2, 3.1.3, 3.2, 3.3.1, 3.3.2, 3.3.3, 3.4.1, 3.5.1, 3.5.2, 5.1.1, 6.1.8, 6.1.11, 6.1.12, 6.2.1, and 6.2.7.

[Canadian National Railway Company]

Growth Plan for the Greater Golden Horseshoe

18. Do the applications appropriately conform to (or not conflict with) the Growth Plan for the Greater Golden Horseshoe (2020), in particular Policy 2.2.5.7 c) and associated definitions? [Kohl & Frisch Limited and 2225928 Ontario Limited]

19. If applicable, do the applications conform to section 2.2.5.8 of the Growth Plan? [Doney Hill Holdings Inc. and Doney 80 Corp; Kohl & Frisch Limited and 2225928 Ontario Limited; Canadian National Railway Company]

20. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with a Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan), specifically sections 1.1, 1.2, 1.2.1, 1.2.3, 2.1, 2.2.1.3(c), 2.2.1.4 (a), (b), (d), (f); 2.2.2.3, 2.2.4.9, 2.2.5.1, 2.2.5.2, 2.2.5.5, 2.2.5.12, 2.2.5.14, 3.1, 3.2.1, 3.2.2.1, 3.2.2.2, 3.2.4, 3.2.5, 4.2.10.1(a), 4.2.10.1(c), 4.2.10.1(i), 4.2.10.2(a), 5.2.3.1, 5.2.4.5, 5.2.5.4, Schedule 6 and associated definitions? [Canadian National Railway Company]

Region of York Official Plan

21. Do the applications conform to the policies of the York Region Official Plan (2022), in particular Policies 4.2.6 and 4.3.4? [Kohl & Frisch Limited and 2225928 Ontario Limited; Doney Hill Holdings Inc. and Doney 80 Corp]

22. Do the applications conform to the policies of the York Region Official Plan (2022), in particular the associated definitions, maps and schedules? [Kohl & Frisch Limited and 2225928 Ontario Limited]

23. Do the applications conform to the policies of the Region of York Official Plan, in particular, but not necessarily limited to the following 1.4.4, 2.3.30, 4.3.1, 4.4.42? [Doney Hill Holdings Inc. and Doney 80 Corp]

24. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with the York Region Official Plan, 2010 (Office Consolidation April 2019), specifically sections and policies 1.2(4), 1.2(5), 3.1.1, 3.1.5, 3.2.5, 3.2.6, 3.2.10, 4.1.1, 4.1.3, 4.1.5, 4.1.6, 4.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.18, 4.3.19, 4.3.21, 4.4, 5.2.5, 5.2.8, 5.2.9, 5.3.3, 5.3.6, 5.3.10, 5.4.1, 5.4.2, 5.4.3, 5.4.4, 5.4.5, 5.4.6(d), 5.4.6(f), 5.4.7, 5.4.28, 5.4.29, 5.4.30, 5.4.31, 5.5, 7.2.54, 7.2.69, 7.2.71, 7.2.72, 7.7.74, 7.2.75, 7.2.79, 7.2.80, 7.2.81, 7.2.84, 7.2.85, 7.5.3, 8.3.3, 8.3.4, 8.4.1, 8.4.2, 8.4.9, and associated definitions, maps and schedules? [Canadian National Railway Company]

25. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with the York Region Official Plan, 2022 (November 2022), specifically, sections and policies 1.3.2, 1.3.4, 1.3.6, 1.3.7, 1.4.1, 1.4.4, 1.4.10, 2.2.2, 2.3.3, 2.3.5, 2.3.13(f), 2.3.28, 2.3.29, 2.3.30, 2.3.36(i), 2.3.46, 4.1.3, 4.2.6, 4.2.17, 4.2.18, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.7, 4.3.13, 4.3.14, 4.3.18, 4.3.24, 4.3.27, 4.4.1, 4.4.3, 4.4.6, 4.4.9, 4.4.10, 4.4.11, 4.4.12, 4.4.17, 4.4.18, 4.4.19, 4.4.20, 4.4.24, 4.4.25, 4.4.26, 4.4.34, 4.4.35, 4.4.36, 4.4.37, 4.4.38, 4.4.42, 6.3.52, 6.3.53, 6.3.55, 7.4.11, 7.4.13? [Canadian National Railway Company]

City of Vaughan Official Plan

26. Do the applications conform to the policies of the Vaughan Official Plan (2010), in particular Policy 5.2.1.2? [Kohl & Frisch Limited and 2225928 Ontario Limited; Doney Hill Holdings Inc. and Doney 80 Corp; Canadian National Railway Company]

27. Do the applications conform to the following policy of the City of Vaughan Official Plan,: 5.1.2.3(b), ? [Doney Hill Holdings Inc. and Doney 80 Corp]

28. Do the applications conform to the following policy of the City of Vaughan Official Plan: 9.2.1.12? [Doney Hill Holdings Inc. and Doney 80 Corp; Canadian National Railway Company]

29. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with the City of Vaughan Official Plan, 2010 (Office Consolidation December 2020), specifically sections and policies 1.3, 1.5, 2.1.3.2, 2.2.1, 2.2.1.1, 2.2.1.2, 2.2.3 (and sub policies), 2.2.4 (and sub policies), 2.2.5, 2.2.5.12, 2.2.5.13, 3.7.1.2, 3.7.1.5, 3.7.1.6, 4.1.1.1, 4.1.1.3, 4.1.1.4, 4.1.1.7, 4.4.1, 4.4.1.1, 4.4.1.2, 4.4.1.4, 4.4.1.5, 4.4.2 (and sub policies), 5.1.1, 5.1.1.1, 5.1.1.2, 5.1.1.3, 5.1.2, 5.1.2.2, 5.1.2.3, 5.2.1.1, 5.2.1.3, 5.2.1.4, 5.2.1.5, 5.2.1.6, 5.2.2, 5.2.2.1, 5.2.2.3, 5.2.3, 5.2.3.1, 5.2.3.4, 5.2.3.6, 5.2.3.9, 5.2.5, 9.1.2.7 (e), 9.1.2.7 (i), 9.2.2.6, 9.2.2.7, 9.2.2.10, 9.2.2.11, 9.2.3.5, 9.2.3.6, 10.1.2.1, 10.1.2.2, 10.1.2.20, 10.1.2.21, 10.1.2.25, 10.1.2.29, 10.1.2.30, 10.1.2.33, 10.1.3.6, 10.2.1 (and sub policies)? [Canadian National Railway Company]

30. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with the City of Vaughan Official Plan, 2010 (Office Consolidation December 2020), specifically policies 10.1.2.5, 10.1.2.6 and associated definitions, maps and schedules? [Canadian National Railway Company; Kohl & Frisch Limited and 2225928 Ontario Limited]

31. Does the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions conform with the City of Vaughan Official Plan as amended with respect to Major Transit Station Areas, specifically policies 2.2.5.15, 2.2.5.16, 2.2.5.17, 2.2.5.18, 2.2.5.19, 2.2.5.20, 2.2.5.21, 2.2.5.22 and associated definitions, maps and schedules? [Canadian National Railway Company]

Transportation

32. Will the road network proposed by the applications maintain adequate access and egress to and from all relevant portions of the K&F Facility for trucks, vans and other vehicles to and from Keele Street, as well as sufficient maneuvering space, driving paths, and access to and from loading and staging areas for trucks, vans, and other vehicles from the K&F Facility to and from Keele Street without the significant reconfiguration of the existing loading and staging areas, drive aisles, surface parking spaces, landscaping and other features of the K&F Facility?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

33. Will the road network proposed by the applications maintain the ability for the K&F Facility to provide just in time delivery service to current standards?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

34. Will the traffic generated by the applications adversely impact the ability for the K&F Facility to provide just in time delivery service to current standards?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

35. Should the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions take into consideration the Connecting the GGH: A Transportation Plan for the Greater Golden Horseshoe (February 2022), specifically, chapters 1 2 and 6, Map 6, and policies 4.3, 4.4, 5.4.51, 5.4.55, 5.4.57, 5.4.58, 5.4.62, 5.4.63, 5.5.70, 5.5.75, 5.6.77(a), 5.6.83, 5.6.90, 5.6.94, and if so, do these instruments have consideration for that Plan?

[Canadian National Railway Company]

Servicing

36. Will the applications adversely impact servicing capacity or create storm water management impacts as it relates to the lands upon which the K&F Facility is located?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

37. Has the future development of 80, 82, 84, 220 and 230 Doney Crescent been appropriately considered as it relates to transportation impacts, servicing and stormwater management planning and design, and the proposed future local street network?

[Doney Hill Holdings Inc. and Doney 80 Corp]

Railway / Freight Guidelines

38. Do the Province of Ontario’s Freight Supportive Guidelines apply to the development applications, and if so, does the proposed development meet the requirements of these Guidelines, specifically, policies 1.0, 1.1, 1.2, 1.2.1, 1.2.1.1, 1.3, 1.4, 1.4.1, 1.4.1.1, 1.4.1.2, 1.4.1.3, 1.4.2, 1.4.3, Figure 1.4, 1.4.3.2, 1.5, 1.5.1, 1.5.4, 2.0, 2.2, 2.2.1, 2.2.2, 2.2.3, 2.2.4 – Planning for Employment Areas, Figure 2.4, 2.2.5, 2.4, 2.4.1, 5.1, 5.1.1, 5.1.2, 5.1.2.1, 5.1.2.3, 5.2.4, 5.2.5?

39. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions have regard and meet the standard for the Federation of Canadian Municipalities/Railway Association of Canada Guidelines for New Development in Proximity to Railway Operations (“FCM/RAC Guidelines”), specifically, Page 1 Paragraphs 4 and 5, Page 6 Paragraphs 1, 3, 4 and 5, Sections 1.1, 1.3, 1.4.1, 1.4.2, 1.4.3, 1.4.4 and 1.4.5; Page 16; Sections 2.1, 2.1.1, 2.2, 2.3 and 2.4, 3, 3.1, 3.3, 3.3.1, 3.4, 3.4.1, 3.4.1.1, 3.4.1.2, 3.4.1.3, 3.4.1.4, 3.4.1.5, 3.4.1.6, 3.4.1.7, 3.4.1.8, 3.5, 3.5.1, 3.5.2.2, 3.6, 3.6.1.1, 3.6.1.2, 3.6.1.3, 3.7.1, 3.9.1, 4.1, 4.1.1 4.1.2, 4.2, 4.3, Appendix AA.1-6 and other sections as appropriate? How should the FCM/RAC Guidelines be applied?

[Canadian National Railway Company]

Prematurity

40. Is it premature to approve the applications to permit residential uses on the subject lands in advance of an amendment to the Noise By-law that ensures the K&F Facility’s continued compliance with the Noise By-law, including any amendments necessary to include the K&F Facility as an exempted employment area under the Noise By-law?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

41. Is it appropriate to utilize holding provisions to address the impacts related to noise and required mitigation measures, or should impacts and mitigation measures be thoroughly identified and addressed prior to the consideration of approval of proposed sensitive land uses?

[Doney Hill Holdings Inc. and Doney 80 Corp]

42. Is it premature to zone the lands for residential uses in advance of a site-specific amendment or otherwise to City of Vaughan Noise By-law 121-2021 that exempts the existing operations located at 80, 82, 84, 220 and 230 Doney Crescent?

[Doney Hill Holdings Inc. and Doney 80 Corp]

Phasing & Context

43. Will the phasing plan and construction management and staging plan proposed in the context of the applications maintain uninterrupted access to and from Keele Street from all relevant portions of the K&F Facility, and how will this be secured?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

44. Will the phasing plan and construction management and staging plan proposed in the context of the applications provide sufficient time for the implementation of any required mitigation measures relative to impacts in connection with the K&F Facility, and how will this be secured?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

45. Do the applications adequately address any construction related impacts on neighbouring lands, including the lands upon which the K&F Facility is located, including but not limited to noise, vibration, dust and site access and egress?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

46. Do the applications appropriately consider the potential comprehensive mixed-use redevelopment and future urban structure of the broader area of lands within the southwest quadrant of Highway 7 and Keele Street, and, in particular, the lands within the Keele Bus Rapid Transit Protected Major Transit Station Area 60 (including the lands upon which the K&F Facility is located)—with respect to matters including, but not limited to, block structure, road network and connectivity, servicing, park location and dedication and built form?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

Compatibility & Mitigation

Noise

47. Has an appropriate assessment of the noise impacts of the operations at the K&F Facility on the proposed development been completed and documented on the basis of the predictable worst-case for daytime, evening and nighttime hours, in accordance with the MECP’s Publication NPC-300, “Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning” (“NPC-300”)?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

48. Have all potential noise excesses over the sound level limits of NPC-300 at the proposed development been properly identified?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

49. Where excesses over the sound level limits of NPC-300 are predicted at receptors at the proposed development due to the operations at the K&F Facility, has appropriate mitigation been identified and secured as necessary to:

a. appropriately minimize and mitigate potential adverse effects from noise emissions from the K&F Facility;

b. appropriately minimize and mitigate potential impacts of the proposed development on the K&F Facility, for existing operations and growth expansion scenarios, and to minimize the risk of complaints; and

c. ensure the K&F Facility’s continued compliance with environmental approvals, registrations, legislation, regulations and guidelines, especially NPC-300?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

50. Have appropriate measures been identified and secured as necessary to ensure the K&F Facility’s continued compliance with the City of Vaughan’s Noise By-law No. 121-2021 (the “Noise By-law”) and to minimize the risk of complaints?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

51. Has the noise study that was done in support of the proposed development of sensitive land uses adequately addressed the impacts on the existing industrial operations located at 80, 82, 84, 220 and 230 Doney Crescent, and determined if and what noise mitigation is needed for those operations to continue to comply with the requirements of the Environmental Compliance Approvals issued for those uses, the noise criteria of NPC-300 at the development and to comply with the PPS?

[Doney Hill Holdings Inc. and Doney 80 Corp]

52. Do the proposed OPA, ZBA, and draft plan of subdivision (“DPS”) have regard to the D1 and D6 Guidelines, including their applicability with provincial policy and the local and regional Official Plans, and that the Yard is a Class III Industrial Facility?

[Canadian National Railway Company]

53. Should the acoustic assessment take into consideration the frequency content/character of the noise sources and the following federal documents:

a. “Guidelines for the Resolution of Complaints Concerning Railway Noise and Vibration”, Canadian Transportation Agency, October, 2008;

b. “Railway Noise Measurement and Reporting Methodology”, Canadian Transportation Agency, August 2011; and

c. “Guidance for Evaluating Human Health Impacts in Environmental Assessment: NOISE”, Health Canada, January 2017?

[Canadian National Railway Company]

54. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions have regard to NPC-300 and its requirements, including acoustic assessment and feasibility under the Class 1 residential designation and in the context of the role of the Canadian Transportation Agency in addressing noise complaints?

[Canadian National Railway Company]

55. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions have regard to NPC-300 and its requirements, including acoustic assessment and feasibility under the Class 4 residential designation and in the context of the role of the Canadian Transportation Agency in addressing noise complaints?

[Canadian National Railway Company]

56. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions rely on an appropriate assessment of the stationary and transportation noise sources in the area (i.e. all sources and with current data) and the required building component requirements to meet the applicable indoor noise criteria for transportation sources?

[Canadian National Railway Company]

57. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions rely on an appropriate assessment of the stationary and transportation noise sources in the area (i.e. all sources and with current data) and the required mitigation to meet the applicable guidelines at the outdoor amenity areas?

[Canadian National Railway Company]

58. Do the proposed OPA, ZBA and Draft Plan of Subdivision rely on an appropriate consideration of the transportation noise sources and the cumulative impact of all the stationary noise sources and the required acoustical mitigation measures?

[Canadian National Railway Company]

59. Do the applications have regard for the MECP D-Series Guidelines?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

Economic Impact

60. Will the development proposal adversely impact the operational and economic viability of the Kohl & Frisch facility located at 7622 Keele Street (the “K&F Facility”) or other employment uses in the neighbouring Employment Areas, as well as the planned function of the Employment Areas?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

61. Do the applications avoid, or where avoidance is not ]possible, minimize and mitigate against any and all adverse impacts on existing and planned employment uses in relation to the neighbouring Employment Areas, including the K&F Facility, all in accordance with provincial guidelines?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

62. Have appropriate mitigation measures been proposed, recommended and secured, such that any potential adverse impacts to the K&F Facility are avoided, and if avoidance is not possible, appropriately minimized and mitigated?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

Land Use

63. Do the applications include adequate screening, buffering, landscaping and other design and built form measures to provide for an appropriate and compatible interface to neighbouring lands upon which the K&F Facility is located, having specific regard to the sensitive nature of the materials stored within, received at and distributed from these lands?

[Kohl & Frisch Limited and 2225928 Ontario Limited]

64. Has the proposed development of sensitive land uses adequately addressed land use compatibility and identified both on-site and off-site mitigation measures to be implemented at the expense of the applicant to fully mitigate the impacts of and to the proposed development with respect to environmental noise, odour, and safety related to the existing operations located at 80, 82, 84, 220 and 230 Doney Crescent and for those operations to comply with the policies referenced in Issues 1 through 7 as well as applicable provincial guidelines including NPC-300 and the D-Series guidelines?

[Doney Hill Holdings Inc. and Doney 80 Corp]

65. Do the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions give consideration to CN’s statutory rights, obligations and the legislation that governs railway operations including sections 5, 95, 95.1, 95.2, 95.3, and 98 of the Canada Transportation Act (S.C. 1996), c. 10 and sections 8(1), 18, 19, 24(1), 47.1 of the Railway Safety Act (1985, c.32) and associated guidelines and regulations? Specifically, in relation to railway operation requirements to carry products, including dangerous goods, operate a railway, noise, vibration and odour emissions, and its ability to add additional infrastructure on railway lands?

[Canadian National Railway Company]

66. What is the appropriate setback distance for residential and other sensitive land uses from the Yard considering:

a. The D1 and D6 Guidelines;

b. The FCM-RAC Guidelines;

c. Environmental impacts from the Yard including rail noise, odour and air emissions, and the accidental release of substances from rail cars;

d. Federal Rail Noise and Vibration Guidelines, related to complaint investigations against the railway company;

e. Rail safety considerations including the consequences of a possible derailment and dangerous goods release;

f. Complete utilization of the Yard’s capacity in an ultimate configuration; and

g. Current predictable worst case assumptions.

[Canadian National Railway Company]

67. Should the location of residential units be considered with respect to the potential for hazardous accidental releases of materials including dangerous goods, solids, gases and fluids from rail cars within the railyard?

[Canadian National Railway Company]

Air Quality

68. Do the OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions consider the appropriate assumptions in modeling the complete utilization of MacMillan Yard and additional rail infrastructure in the vicinity in assessing environmental impacts from the adjacent rail infrastructure?

[Canadian National Railway Company]

69. Has Air Quality been appropriately studied in conformance with MECP D-6 Series and related guidelines and statutes to address potential fugitive emissions and compatibility with surrounding land uses, with particular focus on current and future locomotive use, adverse effects from diesel locomotives, assessment of receptors (doors, windows, outdoor amenity areas) and location of residential units? [Canadian National Railway Company]

Good Planning/Public Interest/Implementation

70. Do the applications represent good planning and are they in the public interest? [Kohl & Frisch Limited and 2225928 Ontario Limited]

71. Are the form and content, including regulatory standards, of the proposed draft Official Plan Amendment and Zoning Bylaw Amendment appropriate? [Kohl & Frisch Limited and 2225928 Ontario Limited; City of Vaughan]

72. Is residential development or other sensitive uses on the Subject Lands in the proposed OPA, ZBA, Draft Plan of Subdivision and Draft Plan Conditions good planning? [Canadian National Railway Company]

73. If the proposed development is approved, how will any required mitigation measures be secured and enforced by the municipality? [Canadian National Railway Company]

74. Is the use of condominium declarations an appropriate means to secure long term mitigation measures? If it is not, should the development be approved? [Canadian National Railway Company]

75. What planning tools and agreements are needed and may be utilized to secure implementation of recommendations of technical studies and other requirements identified through the review and consideration of the OPA and ZBA, and Conditions of Draft Plan Approval per Section 51 (25) and/or Section 51 (26) of the Planning Act? [Canadian National Railway Company]

Conditions

76. Are the City’s recommended conditions of approval, as contained in Schedule A to the Issues List, appropriate? (Note: see Schedule A attached) [City of Vaughan and Canadian National Railway Company (specifically Schedule 10(h)

77. In the event that the Tribunal allows the appeal of the zoning by-law amendment application in whole or in part, should the Zoning By-law Amendment to be approved by the Tribunal contain a holding (H) symbol pursuant to Section 36 of the Planning Act, and if so, what should be the pre-conditions to removing the holding (H) symbol? [Kohl & Frisch Limited and 2225928 Ontario Limited and Canadian National Railway Company]

78. In the event that the Tribunal allows the appeal of the draft plan of subdivision application in whole or in part, what should be the conditions associated with the approval of the draft plan of subdivision? [Kohl & Frisch Limited and 2225928 Ontario Limited and Canadian National Railway Company]

79. In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the satisfaction of certain pre-conditions, and if so, what should be the pre-conditions for the issuance of the Tribunal’s Final Order? [Kohl & Frisch Limited and 2225928 Ontario Limited]

80. If the Tribunal allows the appeal and approves the applications, in whole or in part, should a Holding condition be imposed to address land use compatibility concerns such as requiring the applicant to enter into an agreement with the owners of 80, 82, 84, 220 and 230 Doney Crescent to address matters related to potential land use compatibility? [Doney Hill Holdings Inc. and Doney 80 Corp]

81. In the event that the Tribunal allows the plan of subdivision appeal, what conditions of approval should be imposed to address potential compatibility concerns with the commercial and industrial operations located at 80, 82, 84, 220 and 230 Doney Crescent? [Doney Hill Holdings Inc. and Doney 80 Corp]

82. In the event that the Tribunal allows the appeals, what preconditions should be imposed to the release of its final Order? [Doney Hill Holdings Inc. and Doney 80 Corp]

83. If development of sensitive land uses is feasible and good planning, should any private agreements under NPC-300, environmental easements and agreements under the Industrial Mining and Lands Compensation Act be required for the residential development of the Subject Lands? [Canadian National Railway Company]

84. If residential development is feasible on all or a portion of the Subject Lands what policies should be contained in the OPA and provisions in the ZBA, Draft Plan of Subdivision and Draft Plan Conditions to ensure the implementation and maintenance of any necessary on-site receptor mitigation and phasing to address any environmental and land use impacts? [Canadian National Railway Company]

Attachment 4

Order of Evidence

1. Avenue 7 Developments Ltd.

2. City of Vaughan

3. Kohl & Frisch Limited and 2225928 Ontario Limited

4. Canadian National Railway Company

5. Doney Hill Holdings Inc. and Doney 80 Corp

6. Avenue 7 Developments Ltd. (in reply, if necessary)

Attachment 5 Purpose of the Procedural Order and Meaning of Terms

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

61754872.4

SCHEDULE A

CONDITIONS OF APPROVAL

DRAFT PLAN OF SUBDIVISION FILE 19T-22V002 (THE ‘PLAN’)

AVENUE 7 DEVELOPMENTS LTD. (THE ‘OWNER’)

2267 HIGHWAY 7 AND 7700 KEELE STREET

PART OF LOTS 5 & 6, CONCESSION 4 (THE ‘LANDS’)

CITY OF VAUGHAN (THE ‘CITY’)

THE CONDITIONS OF THE COUNCIL OF THE CITY THAT SHALL BE SATISFIED PRIOR TO THE RELEASE FOR REGISTRATION OF PLAN OF SUBDIVISION FILE 19T-22V002 ARE AS FOLLOWS:

The Owner shall satisfy the following Conditions of Approval:

1. The Conditions of Approval of the City of Vaughan as set out in Attachment No. 10 a).

2. The Conditions of Approval of York Region as set out in Attachment No. 10 b) and dated November 29, 2023.

3. The Conditions of Approval of the Toronto and Region Conservation Authority as set out in Attachment No. 10 c) and dated April 1, 2024.

4. The Conditions of Approval of Alectra Utilities Corporation as set out in Attachment No. 10 d) and dated May 11, 2020.

5. The Conditions of Approval of Bell Canada as set out in Attachment No. 10 e) and dated July 7, 2022.

6. The Conditions of Approval of Enbridge Gas Inc. as set out in Attachment No. 10 f) and dated July 7 2022.

7. The Conditions of Approval of Canada Post as set out in Attachment No. 10 g) and dated July 6, 2022.

8. The Conditions of Approval of the CN Railway as set out in Attachment No.10 h) and dated April 29, 2024

Clearances

1. The City shall advise in writing that Conditions in Attachment No. 10 a) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

2. York Region shall advise in writing that the Conditions in Attachment No. 10 b) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

3. The Toronto and Region Conservation Authority shall advise in writing that the Conditions in Attachment No. 10 c) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

4. Alectra Utilities Corporation shall advise in writing that the Conditions in Attachment No. 10 d) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

5. Bell Canada shall advise in writing that the Conditions in Attachment No. 10 e) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

6. Enbridge Gas Inc. shall advise in writing that the Conditions in Attachment No. 10 f) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

7. Canada Post shall advise in writing that the Conditions in Attachment No. 10 g) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

8. CN Rail shall advise in writing that the Conditions in Attachment No. 10 h) have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met.

ATTACHMENT No. 10 A)

CITY OF VAUGHAN CONDITIONS:

Development Planning Department conditions:

1. The Plan shall relate to the Draft Plan of Subdivision, prepared by KLM Planning Partners Inc, dated November 29, 2023 (the ‘Plan’) relating to City File No. 19T-22V002.

2. If approval of the Plan is not given within 3 years after the date upon which approval of Draft Plan of Subdivision File No. 19T-22V002 was given, then the draft plan approval shall lapse unless the Owner applies to the City for an extension and approval is granted for said extension prior to the lapsing date.

3. The lands within this Plan shall be appropriately zoned by a Zoning By-law, which has come into effect in accordance with the provisions of the Planning Act.

4. The Owner shall provide the final georeferenced AutoCAD drawings of the plan of subdivision, the associated Excel translation files and individually layered pdfs for all drawings to the satisfaction of the GIS section of the Development Planning Department. If the files meet requirements, an email from gisplanning@vaughan.ca confirming the final submission has been approved will be provided.

5. The Owner shall pay any and all outstanding application fees to the Development Planning and Development Engineering Departments, in accordance with the in effect Tariff of Fees By-law.

6. The Owner shall pay any and all outstanding street numbering fees in accordance with the in-effect Fees and Charges By-law.

7. The Plan shall be updated to include the approved street names to the satisfaction of the Development Planning Department.

8. The Owner shall enter into a Subdivision Agreement, or other agreement satisfactory to the City, with the City to satisfy all conditions, financial or otherwise of the City, with regard to such matters as the City may consider necessary, including payments of development levies, the provisions of roads and municipal services, landscaping, and fencing. The said agreement shall be registered against the lands to which it applies.

9. The Owner shall agree in the Subdivision Agreement that all development shall proceed in accordance with the City’s Sustainability Metrics program. The program shall present a set of metrics to quantify the sustainability performance of new development projects.

10. The Owner acknowledges and agrees that the draft plan of subdivision and associate conditions of draft approval may require revisions, to the satisfaction of the City, to implement or integrate any recommendations resulting from studies or submissions required as a condition of draft approval.

11. Prior to the execution of the Subdivision Agreement, the Owner will be required to enter into a Tree Protection Agreement with the City.

12. The Owner agrees that should previously undocumented archaeological resources be found on the property during construction activities, the Owner must immediately cease all construction activities and notify the Ministry of Citizenship and Multiculturalism (or its successor), and the Development Planning Department, Urban Design and Cultural Heritage Division at the City.

If human remains are encountered during construction activities, the Owner must immediately cease all construction activities. The Owner shall contact the York Regional Police Department, the Regional Coroner, the Registrar of the Cemeteries at the Bereavement Authority of Ontario (BAO) and the City’s Development Planning Department, Urban Design and Cultural Heritage Division.

Urban Design Conditions:

13. Prior to final approval, the owner shall prepare urban design guidelines. The document must articulate how the design and concept is consistent with the performance standards outlined in the Vaughan City-Wide Urban Design Guidelines and Vaughan City-Wide Official Plan (VOP 2010) Urban Design Policies.

14. The Owner agrees to provide an art feature on the facade or an artistically designed elevation for the buildings with above-grade parking within the podium along Highway 7 subject to the review and approval by Urban Design staff during the future site plan application stage.

15. Prior to final approval, the Owner shall prepare a Phasing Plan clearly demonstrating the limits of each phase below and above ground to the satisfaction of the City.

16. Prior to the final approval of the Subdivision Plan, the owner shall prepare a Landscape Master Plan. The Plan shall address but not be limited to the following issues:

a. Fencing treatments, street tree planting, park land, vista lands, POPS, and open space lands;

b. The appropriate edge treatment along Highway 7; including the appropriate landscaping/Streetscaping.

c. The appropriate edge treatment along Keele Street; in accordance with Concord West Urban Design Framework and Streetscape Plan

d. The appropriate buffer edge treatment along the west and south property lines; including the appropriate landscaping with low maintenance plant material.

e. The pedestrian urban connections between streets, built forms, park lands, POPS, vista lands, etc.

f. Sustainability design practices/guidelines

17. Components of the Keele Street streetscape urbanization are included in the 2018 Development Charges By-Law 083-2018 as required to service growth within the Concord Secondary Plan Area. In accordance with this Section, the Owner may be entitled to a Development Charge reimbursement for a portion of its costs related to the design and construction of the Keele Street Streetscape Works when funds for the Keele Street Streetscape Works are available and included in an approved capital project.

18. Prior to the landscape plan review by Urban Design staff, a fee shall be provided by the owner to the Development Planning Department in accordance with recent council approved fee by-laws (commencing January 1, 2024); i.e. Tariff of Fees for Vaughan Planning Applications – Landscape Plan Review.

a. This fee will include staff's review and approval of proposed streetscaping/landscaping within the development (including but not limited to urban design guidelines, landscape master plan, architectural design guidelines, perfect submission landscape architectural drawings, stormwater management pond planting plans, natural feature edge restoration/management plans), and tree inventory/preservation/removals plans.

b. In addition, a fee will be applied for each subsequent inspection for the start of the guaranteed maintenance period and assumption of the development by the City of Vaughan.

19. The Owner shall design and construct the streetscape along the roads Street N-S and Street E-W in accordance with City standards, the “City-wide Streetscape Implementation Manual” and “Vaughan Complete Streets Guide” to the satisfaction of the City.

20. When the construction of the Streetscape Works has been substantially completed to the satisfaction of the City, the Owner shall provide the City with the following information:

a. a certification from a registered consulting engineer and a registered landscape architect that confirms the Streetscape Works have been constructed in accordance with the approved Construction Drawings, City standards and specifications, sound engineering practices, and the Streetscape Guidelines

b. a complete set of “As-Constructed” Construction Drawings, in PDF and Georeferenced CAD format, for the Streetscape Works, to the satisfaction of the City

c. copies of all final executed construction contracts, approved contract extras and change orders related to the construction of the Streetscape Works, to the satisfaction of the City

d. copies of all quality assurance test results, supplementary geotechnical reports and construction related reports.

21. Prior to the final approval of the Subdivision Plan, the Owner shall prepare detailed streetscape drawings as part of the subdivision plan drawing package, to the satisfaction of the City. Revised streetscape cost estimates shall be submitted to the satisfaction of the City. Securities will be taken based on the full cost of the works.

22. Prior to final approval of the Plan, the Owner shall submit an analysis of tree soil volumes demonstrating that each tree planted has met the minimum requirement of 20 m3of growing medium in a shared tree pit or 30 m3of growing medium in a stand-alone tree pit to encourage the growth of large caliper shade trees, to the satisfaction of the City.

23. Prior to final approval, the owner shall provide a detailed tree preservation study to the satisfaction of the City. The study shall include an inventory of all existing trees, assessment of significant trees to be preserved and proposed methods of tree preservation based on the arborist report recommendations.

a) In addition, the study shall quantify the value of the tree replacements using the Urban Design Tree Replacement Valuation outlined in the City’s Tree Protection Protocol.

b) The owner shall not remove trees without written approval by the City.

c) The owner shall enter into a tree protection agreement in accordance with City Council enacted Tree By-Law 052-2018, which will form a condition of the draft plan approval.

24. Prior to registration, the Owner is required to enter into a “Tree Protection Agreement” which includes a security for trees to be preserved and protected in accordance with the approved Tree Preservation Study. The value of the security associated with the City’s Tree Protection Agreement is determined through the following:

a. Tree compensation formula provided in the Arborist Report based on the City Tree Replacement Requirement.

b. The costs associated with tree protection measures (i.e. tree protection fencing, silt barriers etc.)

c. The costs associated with actual tree removals.

25. Prior to final approval, the owner shall agree in the subdivision agreement that all development shall proceed in accordance with the City of Vaughan Sustainability Metrics program. The program shall present a set of metrics to quantify the sustainability performance of new development projects.

26. The warning clause council approved September 29th, 1997 with respect to “Tree Fees” shall be included in the subdivision agreement:

a. “Purchasers are advised that the planting of trees on City boulevards in front of residential units is a requirement of the subdivision agreement. A drawing depicting the conceptual location for boulevard trees is included as a schedule in this subdivision agreement. This is a conceptual plan only and while every attempt will be made to plant trees as shown, the City reserves the right to relocate or delete any boulevard tree without further notice.”

b. “The City has not imposed an amount of a ‘Tree Fee’ or any other fee which may be charged as a condition of purchase for the planting of trees. Any ‘Tree Fee’ paid by the purchasers for boulevard trees does not guarantee that a tree will be planted on the boulevard in front or on the side of a residential dwelling.”

Policy Planning and Special Programs Department condition:

27. The Owner shall agree in the Subdivision Agreement that the City has Species at Risk within its jurisdiction which are protected under the Endangered Species Act. 2007, S.O.2007. The Owner is required to comply with Ministry of Environment, Conservation and Parks regulations and guidelines to protect these species at risk and their habitat. The Owner acknowledges that, notwithstanding any approvals made or provided by the City in respect to the Plan Agreement, they must comply with the provisions of the Act.

Development Engineering Department conditions:

28. The Owner shall enter into a subdivision agreement with the City of Vaughan to satisfy all conditions, financial or otherwise of the City, with regard to such matters as the City may consider necessary, including payments of development levies, the provisions of roads and municipal services, landscaping and fencing. The said agreement shall be registered against the lands to which it applies.

29. Any dead ends or open sides of road allowances created by this draft plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the City without monetary consideration and free of all encumbrances, to be held by the City until required for future road allowances or development of adjacent lands.

30. The Owner shall agree in the subdivision agreement that construction access shall be provided only in a location approved by the City and the Region of York.

31. Prior to final approval of the Plan, the Owner shall provide easements and land dedication as may be required for access, utility servicing, drainage, construction purposes, or other municipal requirements shall be granted to the appropriate authority(ies), to their satisfaction free of all charge and encumbrance.

32. Prior to final approval, a geotechnical report prepared at the Owner's expense shall be submitted to the City for review and approval. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations including pavement design structure for ideal and non-ideal conditions to the satisfaction of the City.

33. The Owner shall agree in the subdivision agreement to ensure that the grading at the boundaries of the Plan match with the grading for the surrounding lands and working easements to be obtained.

34. Prior to the initiation of grading, and prior to the registration of this draft plan of subdivision or any phase thereof, the owner shall submit to the City for review and approval the following:

35. A detailed engineering report that describes the storm drainage system for the proposed development within this draft plan, which report shall include:

a) plans illustrating how this drainage system will tie into surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, how external flows will be accommodated, and the design capacity of the receiving system;

b) the location and description of all outlets and other facilities;

c) storm water management techniques which may be required to control minor and major flows; and

d) proposed methods of controlling or minimizing erosion and siltation onsite and in downstream areas during and after construction.

36. Prior to final approval of the Plan or any phase thereof, the Owner may be required to revise or update the technical reports related to the development where such reports may not reflect existing conditions or where they no longer meet City Standards. Such reports may include Stormwater Management, Traffic Impact Study, Hydrogeological Study and Noise Study.

37. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in any and all of the aforementioned reports to the satisfaction of the City.

38. The Owner shall agree in the subdivision agreement that no building permits will be applied for or issued until the City is satisfied that adequate road access, municipal water supply, sanitary sewers, and storm drainage facilities are available to service the proposed development.

39. Prior to final approval of the Plan, the Owner shall design and construct, at no cost to the City, any external municipal services, temporary and/or permanent built or proposed, that have been designed and oversized to accommodate the development of the Plan.

40. Prior to final approval of the Plan, the Owner shall make the necessary arrangements at the expense of the Owner for the relocation of any utilities required by the development of the Plan to the satisfaction of the City.

41. The Owner shall agree in the subdivision agreement to design, purchase material and install a streetlighting system in the Plan in accordance with City Standards and specifications. This Plan shall be provided with decorative streetlighting to the satisfaction of the City.

42. The Owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing.

43. The Owner shall agree in the subdivision agreement to maintain adequate chlorine residuals in the watermains within the Plan after successful testing and connection to the potable municipal water system and continue until such time as determined by the City or until assumption of the Plan. In order to maintain adequate chlorine residuals, the Owner will be required to retain a licensed water operator to flush the water system and sample for chlorine residuals on a regular basis determined by the City. The Owner shall be responsible for the costs associated with these activities including the metered consumption of water used in the program.

44. The Owner shall cause the following warning clauses to be included in a schedule to all offers of purchase and sale, or lease for all lots/blocks within the entire Plan:

(b) “Purchasers and/or tenants are advised that proper grading of all lots in conformity with the Subdivision Grading Plans is a requirement of this subdivision agreement.

security to ensure all municipal services including, but not limited to lot grading, are constructed to the satisfaction of the City. Direct cash deposit from the Purchasers to the City and/or Owner, for lot grading purposes, is NOT a requirement of this subdivision agreement. The City of Vaughan does not control the return of such deposits and purchasers/tenants must direct inquiries regarding this return to their vendor/landlord.”

(c) “Purchasers and/or tenants are hereby put on notice that the Telecommunications Act and the CRTC authorize telephone and telecommunication facilities and services to be provided by telecommunication carriers other than traditional carriers for such services and that purchasers and tenants are advised to satisfy themselves that such carriers servicing the lands provide sufficient service and facilities to meet their needs.”

(d) “Purchasers and/or tenants are advised that driveway widths and curb cut widths are governed by City of Vaughan By-Law 1-88, as amended, as follows:

a) The maximum width of a driveway shall be 6 metres measured at the street curb, provided circular driveways shall have a maximum combined width of 9 metres measured at the street curb.

(e) “Purchasers and/or tenants are advised that mail delivery will be from a designated community mailbox as per requirements dictated by Canada Post. The location of the mailbox shall be shown on the community plan provided by the Owner in its Sales Office.”

(f) “Purchasers and/or tenants are advised that despite the inclusion of noise control features within both the development area and the individual building units, noise levels, including from construction activities, may be of concern and occasionally interfere with some activities of the building occupants.”

(g) “Purchasers and/or tenants are advised that fencing and/or noise attenuation features along the lot lines of lots and blocks abutting public lands, including public highway, laneway, walkway or other similar public space, is a requirement of this subdivision agreement and that all required fencing and barriers shall be constructed with all fencing materials, including foundations, completely on private lands and totally clear of any 0.3m reserve, as shown on the Construction Drawings.

(h) “The City has taken a Letter of Credit from the Owner for security to ensure all fencing including, but not limited to privacy fencing, chain link fencing and acoustic fencing, are constructed to the satisfaction of the City. Direct cash deposit from the Purchasers to the City and/or Owner, for fencing, is not a requirement of this subdivision agreement.”

(i) “Purchasers and/or tenants are advised that fencing along the lot lines of Lots and Blocks abutting public lands is a requirement of this subdivision agreement and that all required fencing, noise attenuation feature and barriers shall be constructed with all fencing materials, including foundations, completely on private lands and totally clear of any 0.3 metre reserve, as shown on the Construction Drawings.

The City has taken a Letter of Credit from the Owner (Subdivision Developer) for the security to ensure all fencing including, but not limited to privacy fencing, chain link fencing and acoustic fencing, are constructed to the satisfaction of the City. Direct cash deposit from the Purchasers to the City and/or Owner, for fencing, is NOT a requirement of this subdivision agreement.

The maintenance of the noise attenuation feature or fencing shall not be the responsibility of the City, or the Region of York and shall be maintained by the Owner until assumption of the services of the Plan. Thereafter the maintenance of the noise attenuation feature or fencing shall be the sole responsibility of the lot owner. Landscaping provided on Regional Road rights-of-way by the Owner or the City for aesthetic purposes shall be approved by the Region and maintained by the City with the exception of the usual grass maintenance.”

(j) “Purchasers and/or tenants are advised that this plan of subdivision is designed to include catch basins. The catch basin is designed to receive and carry only clean stormwater. It is the tenant’s responsibility to maintain the rear lot catch basin in proper working condition by ensuring that the grate is kept clear of ice, leaves and other debris that would prevent stormwater from entering the catch basin. The catch basins are shown on the Construction Drawings and the location is subject to change without notice.”

(k) “Purchasers and/or tenants are advised that the Owner (Subdivision Developer) has made a contribution towards recycling containers for each unit as a requirement of this subdivision agreement. The City has taken this contribution from the Owner to off-set the cost for the recycling containers, therefore, direct cash deposit from the Purchasers to the Owner for recycling containers purposes is not a requirement of the City of Vaughan. The intent of this initiative is to encourage the home Purchasers to participate in the City’s waste diversion programs and obtain their recycling containers from the Joint Operation Centre (JOC), 2800 Rutherford Road, Vaughan, Ontario, L4K 2N9, (905) 832-8562; the JOC is located on the north side of Rutherford Road just west of Melville Avenue.”

45. That the Owner undertake the following to the satisfaction of the City:

a. Provide notice to prospective purchasers in agreements of purchase and sale that the dwellings are located in a Class 4 Area and that agreements respecting noise mitigation may exist, and if so, to be registered on title;

b. Registration of warning clauses on title to the satisfaction of the City; and

c. Submission of a copy of the registered plan of survey (i.e. R-Plan) showing the boundaries of the lands used for the designation of the Class 4 Area, to the satisfaction of the City

46. Any additional warning clause as noted in the subdivision agreement shall be included in all Offers of Purchase and Sale or Lease for all Lots and/or Blocks within the Plan to the satisfaction of the City.

47. The Owner shall agree in the subdivision agreement to convey any lands and/or easements, free of all costs and encumbrances, to the City that are necessary to construct the municipal services for the Plan, which may include any required easements and/or additional lands within and/or external to the draft plan, to the satisfaction of the City.

48. The Owner contributes their share of the cost of infrastructure works and/or undertakes the necessary improvement works and enters into a Development Agreement (if required) with the City, for the works associated with implementing the municipal servicing improvements for the ultimate build-out of the ultimate condition. The Owner’s contributions are to be based on the conclusions and recommendations of the on-going Integrated Urban Water Master Plan Environmental Assessment and latest Functional Servicing Strategy Report, as required to the satisfaction of the City.

49. The Owner shall front-end finance and implement or contribute to required infrastructure improvements based on the conclusions and recommendations of the City’s Integrated Urban Water Master Plan Class EA, specifically the Concord Go Centre / MTSA Functional Servicing Strategy Report, as appropriate and to the satisfaction of the City.

50. Prior to final approval of the Plan, the Owner shall coordinate any telephone or telecommunications service provider to locate its plant in a common trench on future Street(s) to service the proposed Development Block(s) prior to release of the plan for registration, provided such service provider has executed a Municipal Access Agreement with the City. The Owner shall ensure that any such service provider will be able to install its plant so as to permit connection to individual units within the subdivision, at no cost to the City.

51. The Owner shall agree in the subdivision agreement to design and construct at no cost to the City all applicable external municipal infrastructure required that are necessary to benefit the Plan to the satisfaction of the City.

52. The Owner shall agree in the Subdivision Agreement with the City to pay its financial contribution towards any Special Area Charges related to implementation of the interim and ultimate servicing strategies identified through the Master Environmental Servicing Plan and/or the current Functional Servicing Report to service the Subject Lands.

53. Prior to final approval of the Plan, the Owner shall ensure all necessary approvals to facilitate the road network in accordance with the Traffic Impact Study (TIS), to the satisfaction of the City. The traffic study is to analyze proposed road network and its impact to existing roadways that are also subject to approval by the Region of York.

54. Prior to final approval of the Plan, the Owner shall retain the services of a qualified Transportation Consultant to provide an updated transportation report/plan outlining the required Regional and City road improvements. The report/plan submitted to the City and Region for review and approval, shall demonstrate that adequate road capacity is available for the proposed development, and shall explain all transportation issues and recommend mitigative measures for these issues. An updated transportation report shall include a traffic management/roadway detour plan for the proposed roadway improvements. The Owner shall agree in the subdivision agreement to implement the recommendations of the updated transportation report/Plan and TMP, to the satisfaction of the City.

55. Prior to final approval of the Plan, the Owner shall conduct comprehensive storm sewer study including, but not limited to, conveyance capacity analysis of proposed sewers, downstream storm sewer design sheets, hydraulic grade line analysis and related design drawings to demonstrate that the subject lands can be adequately serviced as proposed and conform to the City’s comments on the sewer design. The stormwater analysis shall be completed to the satisfaction of the City as these lands are proposed to be serviced by an underground storage tank within the park lands. The Owner shall agree in the subdivision agreement to design and construct, at no cost to the City, all applicable works that are necessary to service the proposed lands to the satisfaction of the City. The Owner shall agree to provide a financial security or direct financial contribution for operation and maintenance considerations for the proposed municipal Oil Grit Separators and Underground Storm Water Management Tank proposed to service the development to the City.

56. The Owner shall include following warning clause for all purchasers and/or tenants within the Plan:

a) abutting or in proximity of any parkland or walkway:

• “Purchasers and/or tenants are advised that the lot abuts a “Neighbourhood Park” of which noise and lighting may be of concern due to the nature of the park for active recreation.”

57. Prior to final approval of the Plan and/or commencement of construction within the Plan, the Owner shall submit detailed engineering design plans for the proposed roads within and external to the Subject Lands including, but not limited to, the intersection design with existing municipal and Regional roads, lane widths, lane configurations, curb radii, turning lanes with storage/ taper length, retaining wall details and sidewalk details to the satisfaction of the City and Region.

58. Prior to final approval of the Plan, the Owner shall submit an environmental noise and/or vibration report to the City for review and approval. The preparation of the noise/vibration report shall include the ultimate traffic volumes associated with the surrounding road network and railway to according to the Ministry of Environment Guidelines. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in the approved noise/vibration report to the satisfaction of the City.

59. Prior to final approval of the Plan, the Owner shall obtain confirmation from the City and Region of York that adequate water supply and sewage treatment capacity are available and have been allocated to accommodate the proposed development.

60. Prior to initiation of grading or stripping of topsoil and prior to final approval of the Plan, the Owner shall prepare and implement a detailed erosion and sedimentation control plan(s) addressing all phases of the construction of the municipal services and house building program including stabilization methods, topsoil storage locations and control measures to the satisfaction of the City. The Owner shall prepare the erosion and sediment control plan(s) for each stage of construction (pre-stripping/earthworks, pre-servicing, post-servicing) in accordance with the TRCA Erosion and Sediment Control Guidelines for Urban Construction, dated December 2006 and implement a monitoring and reporting program to the satisfaction of the City.

61. The Owner shall agree in the subdivision agreement to decommission any existing wells and driveways on the Plan in accordance with all applicable provincial legislation and guidelines and to the satisfaction the City.

62. The Owner shall provide a one-time cost contribution in present value for non-conventional stormwater management infrastructure to compensate for any increase in costs when compared to conventional stormwater management infrastructure, based on operation, maintenance, rehabilitation, and replacement costs as necessary to the satisfaction of Development Engineering.

63. The Owner shall submit an updated Transportation Impact Study (TIS), to the satisfaction of the City. The updated TIS is to address all outstanding City comments and to analyze the proposed road network and its impact to existing roadways that are also subject to approval by the Region of York, to the satisfaction of the City.

64. The Owner shall provide updated functional design drawings followed by detailed engineering drawings of New Street 1 and New Street 2, their intersections with Keele Street and Highway 7 and any affected access’ to the satisfaction of the City.

65. The Owner shall provide evidence that the Owner of the subject lands and the neighboring landowner at 7622 Keele Street have entered into an agreement regarding relocating the existing access to 7622 Keele Street to the collector road proposed on the Draft Plan of Subdivision labelled New Street 2, to the satisfaction of the City.

66. The Owner shall obtain, as applicable, all necessary approvals/permits from Regional Municipality of York and to their sole satisfaction, as the Subject Lands and external improvements are regulated by the respective agency.

67. The Owner shall agree within the subdivision agreement that New Street 1 and New Street 2 shall be constructed within Phase 1 of the development, including but not limited to roadways, curbs, sidewalks, municipal services, and street lighting, in accordance with the approved subdivision plan and engineering drawings.

68. Prior to final approval of the Plan, the Owner shall address and satisfy all comments supplied by the Development Engineering Department, to the satisfaction of the City.

Real Estate Department conditions:

69. For high-density residential development, the Owner shall, prior to the issuance of a Building Permit, convey land at the rate of 1 ha per 600 net residential units and/or pay to Vaughan by way of certified cheque, cash-in-lieu of the dedication of parkland at the rate of 1 ha per 1000 net residential units, or at a fixed unit rate, at Vaughan’s discretion, in accordance with the Planning Act and the City of Vaughan Parkland Dedication By-law. Notwithstanding the above, such parkland contribution—whether in the form of parkland conveyance or cash-in-lieu as determined by the City—shall be subject to a cap of (i) 10% of the Lands or value of the Lands if the Lands are 5 ha or less; or (ii) 15% of the Lands or value of the Lands if the Lands are greater than 5 ha.”

70. Prior to the issuance of a Building Permit, the Owner shall pay to the City of Vaughan by way of certified cheque a community benefits charge equivalent to 4% of the value of the subject lands in accordance with Section 37 of the Planning Act and the City’s Community Benefits Charge By-law. The Owner shall submit an appraisal of the subject lands, pursuant to City’s Community Benefits Charge By-law, prepared by an accredited appraiser for approval by the Vaughan Real Estate Department, and the approved appraisal shall form the basis of the calculation of the community benefits charge payment.

Parks Infrastructure Planning conditions:

71. Prior to registration, the Owner shall convey Block 2 to the City free and clear of all charges encumbrances with exception of the public underground storm water tank, if required by the City, to the City’s satisfaction. The total area of the Park Block 2 shall be approximately 0.56 Ha and centrally located abutting the south public road of the development site for park development.

72. To meet dedication requirements under the Planning Act, the Vaughan Official Plan (VOP) 2010 (Section 7.3.3 Parkland Dedication) and in-effect parkland dedication by-law and amendments, payment-in-lieu of parkland may be applicable, discounting any public parkland dedicated to the City. Real Estate Services staff shall review and provide comments as required;

73. Ensure the park design, location, typology, and size conforms to and be consistent with the Vaughan Official Plan (VOP 2010) Section 7.3.2 Parks and Open Space Design and to the Active Together Master Plan (ATMP);

74. All parkland conveyed to the City shall be conveyed in a physical condition satisfactory to the City and in accordance with the policies, practices, and guidelines of the City.

75. The Owner shall, at its sole cost and expense, complete the following to the satisfaction of the City; Proposed public park block(s) grading must not negatively impact adjacent properties with overland flow routes. The public park block(s) cannot be encumbered by overland flow routes from adjacent properties.

76. The public park block(s) shall not be encumbered by any easements for utility services, transformer boxes, temporary or permanent building structural elements, building overhangs, Canada Post mailboxes and/or access, buffers, railway and pipeline safety buffers and zones, Natural Heritage Network core features and associated buffers, with the exception of cross easements for servicing, utilities, maintenance and access, unless otherwise agreed to between the parties.

77. A storm water management brief and grading plan for all required stormwater services is required to ensure that proposed grading works have been designed to accommodate stormwater flows in accordance with the Engineering Department Design Manual at interim and final phases of the public park block(s) development to the satisfaction of the City.

78. A Facility Fit Plan to the City’s standard level of service shall be prepared and include the following information:

a) Provide boundaries of any proposed parkland dedication and the total size of individual blocks;

b) Layout plan illustrating the proposed park program requirements and level of service to meet the projected population and demographics, per the recommendations of the 2018 ATMP, or its successor document. Locations of park facilities should be informed by submitted Pedestrian Level Wind and Sun/Shadow studies. The park facilities shall have a comfortable microclimate, including maximizing sunlight access and wind conditions suitable for the intended use (the location, orientation, and layout of elements);

c) Dimensions of park facilities, separation distance between park facilities, and setbacks to property lines;

d) Identify ground floor programming and show the interface between the public park and the private development to ensure consideration for the built form and entry/exit locations, compatibility of adjacent uses, pedestrian and bicycle circulation, connections, and desire lines;

e) Provide existing and proposed grading, surface drainage patterns and sub-surface stormwater (SWM) servicing requirements (show any proposed SWM infrastructure, including maintenance and monitoring ports and required maintenance access, and sections illustrating the depth of cover);

f) Coordinate with the servicing plans, showing at grade (CB, light standards, telecommunications/transformer box location), underground (servicing lines), and above ground infrastructure utilities (hydro lines);

g) Show the limits of underground parking structure, if any;

h) Show any existing vegetation (species, age, size and condition of trees) to be preserved or removed and proposed plantings;

i) Provide a preliminary construction cost estimate (required for letter of credit to be included in the Subdivision Agreement or prior to final Site Development Approval);

j) The plans are to be completed by a registered Landscape Architect and are required to provide sufficient information to confirm facility and program requirements to the satisfaction of the City. Plan should be to scale and include a bar scale.

79. A geotechnical investigation and Phase 2 Environmental Site Assessment shall be conducted by a qualified Professional Engineer in accordance with O.Reg. 153/04 (as amended) assessing all public park block(s) in the Plan for conformity with the applicable MOECC Site Condition Standards for parkland use to the satisfaction of the City. A minimum of number of boreholes to be determined at draft plan of subdivision or development agreement are required within the parks blocks. Boreholes are to be taken at regular intervals along the full length of the proposed public park block(s). Borehole reports will indicate soil type, water content, and density (general compaction). All samples are to be tested in a laboratory to determine their physical properties, including levels of various chemical elements and contaminants. Should additional fill be placed to meet required grading levels, the results of the Phase Two Investigation shall be supplemented with a letter report addressed to the City by the Owner’s environmental consultant that includes: confirmation of the area where fill has been placed and details regarding dates, sources, volumes, and certification that the placed fill material meets the applicable MOECC Site Condition Standards referenced above and compacted to the standard referenced below.

80. Adequately sized servicing connections are required along the main public park frontage and shall include a water chamber manhole, complete with a curb stop, sanitary manhole and a storm water manhole. All structures are to be located a minimum of 5 meters from adjacent property lines.

81. The approved electrical distribution plan will include a 120/240 volt, single phase, three wire power supply to the public park block(s). The power supply drop will consist of a 3 conductor #3/0 aluminum underground cable drop located one metre from the street line and one metre from the property line inside the block(s). The cable feed will originate from the closest (within 75 metre cable length) single phase pad mounted transformer and will be left coiled and attached to a 2”x4” wood stake, visible above grade.

82. Public Park block(s) grading shall be completed using clean engineered fill compacted to 95% Standard Proctor Dry Density (SPDD) inclusive of any civil work required such as retaining structures, rip rap, swales, and the like to meet grading levels as determined by the City approved grading plan. The park block shall generally be graded to meet and match surrounding levels and allow for a minimum 2% and no greater than 5% gradient over 75% of the total block area.

83. No fill shall be placed on existing topsoil and the stockpiling of topsoil is prohibited on the public park block(s). Topsoil for fine grading shall be fertile and friable, natural loam soil with two percent (2%) minimum organic matter for sandy loams and fourpercent (4%) minimum organic matter for clay loams. Acidity of topsoil shall range from 6.0pH to 7.5pH and shall be capable of sustaining vigorous plant growth. The owner shall complete all necessary chemical analysis and topsoil fertility tests by a qualified testing laboratory to the satisfaction of the City, and results of testing provided to the City for review and approval. Topsoil shall be placed to a minimum depth of 300mm over the entire public park block(s). Prior to placement of topsoil, the owner shall add all amendments as required to amend the existing soils to meet the recommendations of the fertility testing and demonstrate that these standards have been met.

84. All temporary sediment control management measures are to be removed prior to rough grading.

85. The public park block(s) shall be sodded, as approved by the City.

86. The Owner shall be responsible to maintain the public park block(s) until such time as the public park is assumed to the City. Maintenance shall entail maintaining sufficient grades to prevent standing water, cutting the grass/vegetation a minimum of twice summer, erosion repairs, cleaning of catch basins, and removal of any debris that is dumped on the site, to the satisfaction of the City.

87. Prior to the execution of the subdivision agreement, the Owner shall provide the City with Letter of Credit (LC) totaling the complete cost to construct the public parkland to base conditions as per Park Base Conditions and Requirements, based on the approved plans and cost estimate. The LC shall be held for the estimated construction costs for the proposed site works, which shall include but is not limited to all required grading, landscape restoration, additional fill to meet approved grades, risk of contamination, removal of existing infrastructure/structures, temporary drainage structures servicing, and fencing. The Owner is responsible for the total cost of the construction of parkland base as per Park Base Conditions and Requirements, including but not limited to any works of a temporary nature.

88. The conveyance of a public park with an underground Non-Conventional SWMF encroaching upon it shall be in accordance with Parkland Dedication By-law 168-2022 and the City’s current interim non-conventional stormwater infrastructure approval process led by the Development Engineering department which establishes a framework for the City to consider accepting public parkland where Non-Conventional SWMF’s are proposed below grade, and the City’s Engineering Design Criteria & Standard Drawings, subject to meeting certain conditions. In addition, the Owner shall acknowledge and agree to the following:

a) The Owner shall enter into a developer build agreement with the City requiring the Owner to provide securities and complete the design and construction of the public park to the Ultimate Condition, at its sole cost, in accordance with the City Developer Build Parks Policy, No. 07.2.05.;

b) The public park will be accepted as full parkland credit towards satisfying parkland dedication, if the proposed underground non-conventional SWMF is designed to ensure that all existing City of Vaughan Park’s Design Criteria for park grading, landscaping, drainage, servicing, programming, and facility requirements to the City’s satisfaction are met. The City shall approve the area, depth of soils, configuration, facilities, access, and boundaries of the proposed park over the stormwater management facility;

c) In addition to constructing and installing the underground non-conventional SWMF and public park to the Ultimate Condition, the Owner, at its sole cost and expense, shall construct and install the public park to an enhancement condition above and beyond the City’s standard level of service for a neighbourhood park to the City’s satisfaction. The enhancement condition is required in return for the loss of naturalized open space that would otherwise be provided to the community through a conventional stormwater management pond, and the City’s loss of flexibility for programming of the park.

i. The enhancement condition may be comprised of:

-High quality entry features and signage that ties in with the surrounding context;

-High quality site furnishings, shade elements, games tables and pedestrian lighting; and/or

-Urbanized playground equipment and safety surfacing.

ii. The Owner shall construct and install the enhancement condition at its sole cost and expense up to a maximum of $150,000;

iii. The specifics of the enhancement condition will be determined in consultation with the City and to the City’s sole discretion and satisfaction;

d) Vertical and horizontal easements may be required adjacent to the public park (underground parking etc.) to allow public park related services such as storm water drainage, sub drainage, access or other required services and utilities;

e) A copy of the park(s) master plan shall be posted in the sales pavilion. This master plan shall be signed by the City and indicate that it is a draft and is subject to change. Approval to open the sales pavilion shall be subject to approval of the park master plan;

f) It is the intent of the City that development of the public park block(s) shall be coordinated with residential development in order to provide park facilities to the local residents in a timely manner, to the satisfaction of the City. Unless otherwise agreed upon with City staff, development and construction of the public parkland block shall commence by no later than twelve months from the issuance of first occupancy certificate of the first phase of development;

g) Upon completion of the construction of the public park, the Owner shall provide record drawings sealed by the Engineer of Record and a certificate prepared by a qualified landscape architect to certify the works have been installed in accordance with the approved public park design and As-Built Drawings of the stormwater tank.

89. The Owner will be required to grant permanent easement(s) to the City over privately-owned vehicular and pedestrian areas connecting to and surrounding proposed public park(s), POPS, and/or open spaces for the purposes of public access and/or maintenance. Exact limits and type of required easements are to be determined at the Site Development (Site Plan) application stage.

90. Prior to or upon conveyance of the Park Block to the City, the City and Owner shall enter into an Access Agreement for the Park Block. The Access Agreement shall include terms satisfactory to the Owner and the City respecting the granting of easements, licenses or other access rights as reasonably required to allow the Owner to complete construction of the park, associated structures and development of the Development Site, including, without limitation, rights for crane-swing, staging, installation of tie-backs and shoring, temporary storage, the erection of temporary hoarding and fencing, a temporary construction office, and such provisions(including indemnity) as may be reasonably required by the City to ensure that the lands are not damaged or contaminated by such activities and rights of access.

91. The following warning clauses are to be included in all Agreements of Purchase and Sale or Lease for the proposed development and specifically those blocks/units adjacent/abutting the municipal park where appropriate:

a)"Purchasers and/or tenants are advised that the lot abuts a municipal park and that lighting and noise should be expected from the use of the park and/or pathway for recreation purposes.”

b)“Purchasers and/or tenants are advised that any encroachments and/or dumping from the lot to the municipal park are prohibited.”

c)“Purchasers and/or tenants are advised that the municipal park may not be fully developed at the time of occupancy. The timing of development, phasing and programming of parkland is at the discretion of the City.”

d)In conjunction with the above, additional warning clauses may be provided when appropriate as conditions of Draft Plan approval.

92. The public park block shall be zoned “OS2” under Zoning By-law 1-88 or “OS1”under Zoning By-law 01-2021.

ATTACHMENT No. 10 B)

Schedule of Clauses/Conditions

SUBP.22.V.0022 (19T‐22V002)

2267 Highway 7 and 7700 Keele Street

(Avenue 7 Developments Ltd.)

City of Vaughan

Re: KLM Planning Partners Inc., Project No. P‐3036, dated November 29, 2023

Clauses to be Included in the Subdivision Agreement

1. The Owner shall save harmless the City of Vaughan and York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated.

2. The Owner shall advise all potential purchasers of the existing and future introduction of transit services. The Owner/consultant is to contact YRT Contact Centre (tel. 1‐866‐668‐3978) for route maps and the future plan maps.

3. The Owner shall provide direct shared pedestrian/cycling facilities and connections from the proposed development to boundary roadways to support active transportation and publc transit, where appropriate.

4. The Owner shall implement all recommendations, including TDM measures, as recommended in the Transportation Impact Study, prepared by BA Group, dated June 2023, to the satisfaction of the Region.

5. The Owner shall agree that no development works will be undertaken on Blocks 1 and 2 without appropriate site plan and/or engineering approval from the Region.

Conditions to be Satisfied Prior to Final Approval

6. The road allowances included within the draft plan of subdivision shall be named to the satisfaction of the City of Vaughan and York Region.

7. The Owner shall provide to the Region the following documentation to confirm that water and wastewater services are available to the subject development and have been allocated by the City of Vaughan:

a) A copy of the Council resolution confirming that the City of Vaughan has allocated servicing capacity, specifying the specific source of the capacity, to the development proposed within this draft plan, or any phase thereof, and

b) A copy of an email confirmation by a City of Vaughan staff member stating that the allocation to the subject development remains valid at the time of the request for regional clearance of this condition

8. The Owner shall provide an electronic set of the final engineering drawings showing the watermains and sewers for the proposed development to Development Services and Infrastructure Asset Management for record.

9. The Owner shall submit a Master Functional Servicing Report and Servicing Plan to the satisfaction of the City of Vaughan and York Region.

10. Rockview Gardens at the Keele Street intersection shall be restricted to right‐in/right‐out movements only. This shall be implemented at the same time as the installation of the new Keele Street signal. The Region will require written acknowledgement from the City of Vaughan in support of the development, which includes the need to restrict the Rockview Gardens access to right‐in/right‐out movements only.

11. The Owner shall provide a preliminary design and cost estimates to implement the northbound dual left‐turn lanes for the Highway 7/Keele Street intersection. A full assessment shall be completed as the intersection needs to be built to Regional standards, which could include upgraded signal heads, signal controller cabinets as well as modifications to the median and other travel lanes on both sides of the roadway.

12. The Owner shall address all comments provided on the Transportation Impact Study, prepared by BA Group, dated June 2023, to the satisfaction of the Region.

13. Concurrent with the submission of the subdivision servicing application (MOE) to the area municipality, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to the Regional road, to Development Engineering, Attention: Manager, Development Engineering, that includes the following drawings:

a) Transportation Impact Study,

b) Intersection civil and electrical designs for Street “1” at Highway 7 and Street “2” at Keele Street,

c) Pavement Marking Plans,

d) Tree Inventory Protection Plans,

e) Arborist Report,

f) Traffic Management Reports,

g) Plan and Profile of Street “1” and Steet “2” showing proposed sewers and watermains and appurtenances, including manholes, watermains, valves, hydrants, etc.,

h) Erosion and Siltation Control Plans,

i) Sidewalk locations, concrete pedestrian access to existing and future transit services and transit stop locations as required by York Region Transit/Viva,

j) Functional Servicing Report (water, sanitary and storm services),

k) Water supply and distribution report, and

l) Engineering drawings showing plan and profile views of proposed sewers and watermains and appurtenances, including manholes, watermains, valves, hydrants, etc. proposed within the subdivision.

14. The Owner shall provide written acknowledgement that the existing access onto Keele Street for the adjacent property to the south shall be removed, and a new connection from the southern property shall be created for the future east‐west road so that it has direct access to the proposed new traffic signal onto Keele Street. The proposed development shall demonstrate that the location and the design of the connection can accommodate the largest truck size that currently using the site, to the satisfaction of the Region. It is the responsibility of the Owner to coordinate and work with the property to the south.

15. Upon registration of the plan, the Owner shall convey the following lands to York Region for public highway purposes, free of all costs and encumbrances, to the satisfaction of the Regional Solicitor:

a) A widening across the full frontage of the site where it abuts Keele Street of sufficient width to provide a minimum of 21.5 metres from the centreline of construction of Keele Street,

b) Any additional widenings that many be required to maintain a minimum 10 metre by 10 metre daylight trapezoid at the intersection of Street “2” and Keele Street,

c) Any additional widenings that many be required to maintain a minimum 10 metre by 10 metre daylight trapezoid at the intersection of Street “1” and Highway 7, and

d) Any additional widenings that many be required to maintain a minimum 15 metre by 15 metre daylight triangle at the north‐east corner of the site.

16. The Owner shall provide a solicitor's certificate of title in a form satisfactory to York Region Solicitor, at no cost to York Region with respect to the conveyance of the above noted lands to York Region.

17. The Region requires the Owner submit a Phase One Environmental Site Assessment (“ESA”) in general accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition, as amended (“O. Reg. 153/04”). The Phase One ESA must be for the Owner’s property that is the subject of the application and include the lands to be conveyed to the Region (the “Conveyance Lands”). The Phase One ESA cannot be more than two (2) years old at: (a) the date of submission to the Region; and (b) the date title to the Conveyance Lands is transferred to the Region. If the originally submitted Phase One ESA is or would be more than two (2) years old at the actual date title of the Conveyance Lands is transferred to the Region, the Phase One ESA will need to be either updated or a new Phase One ESA submitted by the Owner. Any update or new Phase One ESA must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. The Region, at its discretion, may require further study, investigation, assessment, delineation and preparation of reports to determine whether any action is required regardless of the findings or conclusions of the submitted Phase One ESA. The further study, investigation, assessment, delineation and subsequent reports or documentation must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. Reliance on the Phase One ESA and any subsequent reports or documentation must be provided to the Region in the Region’s standard format and/or contain terms and conditions satisfactory to the Region.

The Region requires a certified written statement from the Owner that, as of the date title to the Conveyance Lands is transferred to the Region: (i) there are no contaminants of concern, within the meaning of O. Reg. 153/04, which are present at, in, on, or under the property, or emanating or migrating from the property to the Conveyance Lands at levels that exceed the MOECC full depth site condition standards applicable to the property; (ii) no pollutant, waste of any nature, hazardous substance, toxic substance, dangerous goods, or other substance or material defined or regulated under applicable environmental laws is present at, in, on or under the Conveyance Lands; and (iii) there are no underground or aboveground tanks, related piping, equipment and appurtenances located at, in, on or under the Conveyance Lands. The Owner shall be responsible for all costs associated with the preparation and delivery of the Phase One ESA, any subsequent environmental work, reports or other documentation, reliance and the Owner’s certified written statement.

18. The Owner shall provide a copy of the Subdivision Agreement to the Regional Corporate Services Department, outlining all requirements of the Corporate Services Department.

19. For any applications (Site Plan or Zoning By‐law Amendment) deemed complete after January 1, 2020, the Owner shall enter into a Development Charge Rate Freezing Agreement with York Region to freeze/lock in the Development Charge rate at the time the site plan application or Zoning By‐law Amendment is deemed complete submission, satisfy all conditions, financial and otherwise, and confirm the date at which Regional development charge rates are frozen; Regional Development Charges are payable in accordance with Regional Development Charges By‐law in effect at the time that Regional development charges, or any part thereof, are payable. Please contact Fabrizio Filippazzo, Manager, Development Financing Administration to initiate a Development Charge Agreement with York Region.

20. The Regional Corporate Services Department shall advise that Conditions 1 to 19 inclusive, have been satisfied.

ATTACHMENT NO. 10.C)

TRCA’s Conditions of Draft Plan Approval

• TRCA staff have no objection to the approval of Drawing No. – 23:4, Draft Plan of Subdivision, prepared by KLM Planning Partners Inc., dated November 29, 2023, subject to the following conditions:

Red-line Revisions

1. That this draft plan of subdivision be subject to red-line revision(s) in order to meet the requirements of TRCA’s conditions of draft plan approval, if necessary, to the satisfaction of TRCA.

2. Prior to the registration of the Plan of Subdivision, the Owner shall provide an M-Plan showing the lot/block lines and any required revisions to the satisfaction of the City of Vaughan and TRCA.

Prior to Works Commencing

3. That prior to any development or site alteration and prior to the registration of this plan or any phase thereof, the Owner shall submit a Functional Servicing Report (FSR) and detailed engineering reports (e.g., Stormwater Management, Site Level Water Balance) that describes in detail the applicable stormwater management criteria, how the proposed storm drainage system will be designed to meet stormwater management criteria, and how it will comply to TRCA requirements. These reports shall include, but not limited to:

i. A description of the storm drainage system and appropriate stormwater management techniques including minor and major flow controls for the proposed development of the subject land and how it will comply with all related TRCA requirements for quantity, water balance and erosion control.

ii. Plans illustrating how this drainage system will tie into surrounding drainage systems, i.e., identifying if it is part of an overall drainage scheme, how external flows will be accommodated, the design capacity of the receiving system.

iii. Appropriate Stormwater Management Practices (SWMPs) to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to the natural heritage system, both aquatic and terrestrial.

iv. Detailed plans indicating location, orientation, size and description of all stormwater management features, including outlet structures, and all other proposed servicing facilities (e.g., infiltration trenches, etc.), grading, site alterations, development, and infrastructure, which are required to service or facilitate the development of the subject lands, which may require a permit pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as may be amended.

v. Design of flow dispersal measures and treatments associated with stormwater management outlets to reduce potential erosion, impacts to the natural system, and maximization of potential infiltration, to the satisfaction of the TRCA.

vi. Detailed plans and calculations for the proposed lot-level, conveyance and end-of-pipe controls to be implemented on the site.

vii. The integration of Low Impact Development (LID) measures and the employment of source and conveyance controls to: mimic pre-development site hydrology, overall site water balance, and feature-based water balance to the satisfaction of the TRCA.

viii. A subsurface investigation (including assessment of groundwater levels) for the final design of foundations, site grading and stormwater management infrastructure. The recommendations of the subsurface assessment will be used to inform the final design and construction plans. All underground construction and infrastructure should be designed to not require permanent dewatering, and any potential impacts to the groundwater system that may result from the development must be assessed and mitigated.

ix. An evaluation that addresses the need for groundwater dewatering during construction, including but not limited to details for its disposal, potential impacts to natural features due to groundwater withdrawal, mitigation measures, and any permitting requirements.

x. Grading plans for the subject lands demonstrating that the site will be graded to achieve a 0.3 metre freeboard above the flood plain spill elevation as outlined in the modeling and accompanying report titled “Don River Tributary at Keele and Highway 7 – Coupled 1D-2D Model – Impact of Development for 7700 Keele” prepared by Schaeffer Consulting Engineers, dated November 24, 2023. The proponent will need to provide all modelling files to demonstrate that there will be no negative off-site impacts (i.e., causing increased flood depths, velocity) due to the development and the remediation works.

xi. An erosion and sediment control report and plans for the subject lands that includes proposed measures for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction.

4. That prior to the registration of this plan or any phase thereof, the Owner obtain all necessary permits from TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as may be amended, to the satisfaction of TRCA.

Administrative

5. That the Owner agrees in the subdivision agreement, in wording acceptable to TRCA which is standard, normal and consistent with applications and approvals for development of this kind:

i. To carry out, or cause to be carried out, to the satisfaction of TRCA, the recommendations of the reports/strategies and details of the plans referenced in TRCA’s conditions of draft plan approval.

ii. To install and maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to TRCA.

iii. To obtain all necessary permits from TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as may be amended, to the satisfaction of TRCA.

iv. To comply with the permits approved under Ontario Regulation 166/06, as may be amended, including the approved plans, reports and conditions to the satisfaction of TRCA.

6. That the Owner provide a copy of the fully executed subdivision agreement and pay TRCA the required draft plan of subdivision planning review fees, clearances fees and permit fees (topsoil stripping, grading, servicing, etc.)

ATTACHMENT NO. 10.D)

Alectra Utilities has received and reviewed the submitted plan proposal. This review, however, does not imply any approval of the project or plan.

The owner(s), or his/her/their agent, for this plan is/are required to contact Alectra Utilities to obtain a subdivision application form (SAF) and to discuss all aspects of the above project. The information on the SAF must be accurate to reduce unnecessary customer costs, and to provide a realistic in-service date. The information from the SAF is also used to allocate/order materials, to assign a technician to the project, and to place the project in the appropriate queue. A subdivision application form is enclosed with this request for comments.

Alectra Utilities will prepare the electrical distribution system (EDS) design for the subdivision. The subdivision project will be assigned to an Alectra Utilities design staff upon receipt of a completed SAF. The design of the subdivision can only commence upon receiving a design prepayment and the required information outlined on the SAF.

Alectra Utilities will obtain the developer(s) approval of the EDS design, and obtain the required approvals from local government agencies for EDS installed outside of the subdivsion limit. Alectra Utilities will provide the developer(s) with an Offer to Connect (OTC) agreement which will specify the responsibilities of each party and an Economic Evaluation Model outlining the cost sharing arrangement of the EDS installation between both parties. The OTC agreement must be executed by both parties and all payments, letter of credits and easements received in full before Alectra Utilities can issue the design for construction.

Town Home/Semi Detached municipal and/or private developments require a minimum set back of 3.40M from the street line to any structure such as foundations, outdoor stairs, porches, columns etc…… to accommodate standard secondary service connections.

All proposed buildings, billboards, signs, and other structures associated with the development must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the Ontario Electrical Safety Code and the Occupational Health and Safety Act.

All communication, street light or other pedestal(s) or equipment(s) must not be installed near Alectra Utilities transformers and/or switchgears. Enclosed with this request for comments are Alectra Utilities clearance standards.

Existing Alectra Utilities plant in conflict due to driveway locations or clearances to the existing overhead or underground distribution system will have to be relocated by Alectra at the Developer’s cost.

ATTACHMENT NO. 10.E)

Bell Canada Condition(s) of Approval

1. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada.

2. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost.

ATTACHMENT NO. 10.F)

Enbridge Gas Inc. does not object to the proposed application(s) however, we reserve the right to amend or remove development conditions.

This response does not constitute a pipe locate, clearance for construction or availability of gas.

The applicant shall contact Enbridge Gas Inc.’s Customer Connections department by emailing

SalesArea30@Enbridge.com to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving.

If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant.

In the event that easement(s) are required to service this development, and any future adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost.

The applicant will contact Enbridge Gas Inc.’s Customer Connections department by emailing

SalesArea30@Enbridge.com prior to any site construction activities to determine if existing piping facilities need to be relocated or abandoned.

ATTACHMENT NO. 10.G)

Canada Post Corporation appreciates the opportunity to comment on the above noted application and it is requested that the developer be notified of the following:

In order to provide mail service to the 8 mix use buildings/towers with retail, office and community space at grade for a total of 3000 residential units, Canada Post requests that the owner/developer comply with the following conditions:

⇒The owner/developer will provide the building with its own centralized mail receiving facility. This lock-box assembly must be rear-loaded, adjacent to the main entrance and maintained by the owner/developer in order for Canada Post to provide mail service to the tenants/residents of this project. For any building where there are more than 100 units, a secure, rear-fed mailroom must be provided.

⇒The owner/developer agrees to provide Canada Post with access to any locked doors between the street and the lock-boxes via the Canada Post Crown lock and key system. This encompasses, if applicable, the installation of a Canada Post lock in the building’s lobby intercom and the purchase of a deadbolt for the mailroom door that is a model which can be retro-fitted with a Canada Post deadbolt cylinder.

As per our National Delivery Policy, non residential – retail, office and community space will also receive mail delivery at centralized locations, not directly to their door.

For example: If there is a common indoor entrance or connection extra mail compartments can be provided to accommodate these units in the main mailbox panel. If these units are not part of the building then a separate centralized mail receiving facility/box can be set up by the developer at an alternative location.

The specifications can be found in our Delivery Standards Manual, which can be downloaded from this link:

https://www.canadapost.ca/cpo/mc/assets/pdf/business/standardsmanual_en.pdf

As the project nears completion, it is requested that the Developer contact me directly for Postal Code(s) as existing postal coding will not apply and new postal codes will be issued for this development. I am also requesting the developer/owner contact me during the design stage of the above project, to discuss a suitable mailbox/mailroom location.

Canada Post further requests the owner/developer be notified of the following:

1.There will be no more than one mail delivery point to each unique address assigned by the Municipality.

2.Any existing postal coding may not apply, the owner/developer should contact Canada Post to verify postal codes for the project.

3.The complete guide to Canada Post’s Delivery Standards can be found at: https://www.canadapost.ca/cpo/mc/assets/pdf/business/standardsmanual_en.pdf

ATTACHMENT NO. 10.H)

On behalf of CN Rail, in response to the request of the City of Vaughan, please find below requested official plan policies, zoning regulations and draft plan conditions.

Note that at the present time, per our comments on April 10, 2024, amongst other matters, CN continues to have concerns with respect to the noise study and how it addresses rail operations and potential mitigation in the area. In addition, CN continues to have broad concerns related to the encroachment of sensitive land uses within the proximity of MacMillan Yard. Those concerns have not been addressed at the present time based on the materials provided to CN. As such, CN’s position is that the proposed development is premature until all issues of land compatibility have been addressed to CN’s satisfaction.

The suggested policy, zoning and draft plan condition language must be considered within that context and is provided as guidance to the City of Vaughan in consideration should the City choose to support the approval of the proposed development at the Ontario Land Tribunal. These comments should not be viewed as CN’s support for the proposed development, and they are being provided without prejudice to any position that CN may take at the hearing of the appeals. In addition, note that while warning clauses are helpful, they are not a mitigation measure.

Official Plan Policy

1. Based on the review of the Noise Study to date, the subject site is expected to be designated as Class 4 per NPC-300. Land use policies that outline the site as a Class 4 site will be required. This should include reference that Class 4 does not provide federally regulated industries like CN any additional statutory protection. As such, even if a Class 4 designation is approved, additional mitigation measures are required to minimize noise impacts on sensitive land uses.

2. A policy that states that an application for the removal of an Enclosed Noise Buffer or other mitigation measures cannot proceed by way of minor variance and does not constitute a minor variance.

3. A policy that requires a development agreement and easement agreement with CN to ensure mitigation related to rail operations from noise, odour and other emissions.

4. A policy that requires that warning clauses be registered on title, as part of a CN development agreement, regarding emissions from railway operations.

5. A policy that states that, should noise and odour mitigation from adverse effects not be demonstrated and appropriately secured to the satisfaction of CN, that the portion of the site where noise and odour mitigation has not been demonstrated shall not be permitted sensitive land uses.

6. A policy that notes that the development approvals shall take into account mitigation measures from industrial sources in the vicinity of the subject site, this includes consideration for mitigation during the phasing of construction.

Zoning By-law

1. The Zoning By-law for the subject site should not be adopted (i.e. the bylaw should be withheld) until such time as a CN development agreement and environmental easement have been registered on title.

2. Should the City of Vaughan choose to bring forward the zoning bylaw, the zoning by-law must include a holding provision regarding the CN development agreement and environmental easement. Prior to the lifting of the hold, the only permitted uses should be the uses that existed on site the date of the adoption of the bylaw.

3. Based on a review of the Noise Study to date, it is likely, but not confirmed that Enclosed Noise Buffers will be a component of the noise mitigation. As such, the zoning bylaw must include a requirement that Enclosed Noise Buffers are required for the appropriate units. Given the concerns with respect to the Noise Study we cannot at present advise on the specific locations of said Enclosed Noise Buffers. Additional information is needed from the developer’s acoustical engineer.

4. Based on a review of the Noise Study to date, it is anticipated that additional mitigation measures may be required beyond Enclosed Noise Buffers (such as improved window construction beyond the Ontario Building Code requirements). Due to the limitations regarding site plan control, either a development agreement will be needed to secure these upgrades or zoning bylaw provisions will be required to secure this mitigation.

5. The Zoning Bylaw should restrict the location of sensitive uses where mitigation from adverse effects has not been demonstrated. 6. The zoning by-law should also enforce other mitigation measures as needed based on the final odour study in the absence of a development agreement.

Draft Plan Conditions

1. A draft plan condition related to a CN development agreement and environmental easement with CN Rail. Suggested language is as follows:

a. The Owner shall be required to enter into a CN development agreement with CN to address and secure mitigation measures from noise, odour and other emissions from railway operations. This CN development agreement shall be registered on title. The Owner agrees that all subsequent development approvals, such as site plan approvals and building permits, shall be based upon the mitigation measures in the CN development agreement. Note that CN Rail operates on a fee recovery basis for the development agreement.

b. The Owner shall be required to register an environmental easement to address emissions from railway operations.

2. A draft plan condition that requires that warning clauses be registered on title, as part of the CN development agreement, for future residents and business of the subject site regarding emissions from railway operations to CN’s satisfaction. These warning clauses shall be included in future Plans of Condominium, where applicable

3. A draft plan condition that requires warning clauses related to mitigation measures and the need to maintain mitigation measures including acknowledgement of the site’s designation of Class 4 (if required) under NPC-300 to CN’s satisfaction. These warning clauses shall be included in future Plans of Condominium, where applicable.

4. A draft plan condition that states that the conditions related to railway operations and mitigation cannot be modified without the concurrence of CN.

61754872.7