BV Courtice Partners GP Ltd. v. Clarington (Municipality), 2024 CanLII 7646

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 02, 2024

CASE NO(S).: OLT-22-004868

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

Applicant/Appellant: BV Courtice Partners GP Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: Zoning By-law Amendment in order to permit a development on the Lands consisting of 80 residential dwellings

Reference Number: ZBA2022-0008

Property Address: 3105, 3091, 3133, and 3147 Courtice Road (Courtice Road)

Municipality: Municipality of Clarington

OLT Case No: OLT-22-004868

OLT Lead Case No: OLT-22-004868

OLT Case Name: BV Courtice Partners GP Ltd. v. Clarington (Municipality)

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

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

Description: Draft Plan of Subdivision in order to permit a development on the Lands consisting of 80 residential dwellings

Reference Number: S-C-2022-0006

Property Address: 3105, 3091, 3133, and 3147 Courtice Road (Courtice Road)

Municipality: Municipality of Clarington

OLT Case No: OLT-22-004869

OLT Lead Case No: OLT-22-004868

Heard: January 8, 2024 by video hearing

APPEARANCES:

Parties Counsel

BV Courtice Partners GP Ltd. Max Reedijk Katarzyna Sliwa

Municipality of Clarington Mark Joblin

Nash Developments Limited Adrian Frank

MEMORANDUM OF ORAL DECISION DELIVERED BY david brown on january 8, 2023 AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1The matter before the Tribunal concerns Appeals filed by BV Courtice Partners GP Ltd. (“Appellant”) against the failure of the Municipality of Clarington (“Clarington”) to make a decision on an application for a Zoning By-law Amendment (“ZBA”) and an application for approval of a Draft Plan of Subdivision (“DPS”) within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”).

2The lands that are the subject of the ZBA and DPS are located and known municipally as 3105, 3091, 3121, 3133, and 3147 Courtice Road (collectively the “Subject Lands”). The Subject Lands have a total area of 7.45 hectares (“ha”) and a lot frontage along Courtice Road of 144.13 metres (“m”). The Appellant filed the ZBA and DPS to facilitate the redevelopment of the Subject Lands with a residential townhouse development.

3The Subject Lands contain Natural Heritage Features including a Provincially Significant Wetland and woodlands along the eastern and northern portions. A watercourse traverses the Subject Lands flowing from the north to south at the approximate mid-point of the Subject Lands.

4Surrounding the Subject Lands are low-density residential uses to the west and east. North of the Subject Lands is a horse stable and track and to the south is a chiropractic office and woodlot.

5The Parties advised the Tribunal that they have successfully negotiated Minutes of Settlement resolving the issues identified with respect to the Appeals. The Parties requested that the Tribunal convene the Hearing to consider the terms of the Settlement pursuant to Rule 12 of the Tribunal’s Rules of Practice and Procedure (the “Rules”).

6The Settlement Proposal proposes to redevelop the Subject Lands with 87 three-storey townhouse units resulting in a density of 34.4 units per ha. The Settlement Proposal will create Environmental Protection blocks to capture the Natural Heritage Features including their respective buffers and including a north-south trail adjacent to the buffer along the Natural Heritage Features.

7Each unit will provide two parking spaces accessed from a condominium road which connects to Courtice Road, which is a Regional road with full municipal services available. 28 visitor parking spaces are proposed and an outdoor amenity area (parkette) having an area of 354 square metres is planned.

8Nash Developments Limited and Clarington confirmed their support of the Settlement Proposal.

9The hearing was convened as a Settlement Hearing pursuant to Rule 12 of the Rules.

SUBMISSIONS AND EVIDENCE

10Mark Jacobs, a qualified land use planner, testified in support of the Settlement and submitted an Affidavit outlining his support for the Settlement and his opinion for the Tribunal’s consideration. The Affidavit was marked as Exhibit 1.

11To implement the Settlement Proposal, the Appellant is requesting the Tribunal to approve the ZBA amending the Clarington Zoning By-law No. 84-63 (“ZB”) from the current Agricultural (A) zone and Environmental Protection (EP) zone to an Urban Residential Type Three (R3) Exception zone and Environmental Protection (EP) zone. A draft zoning by-law was marked as Exhibit 2. The Tribunal is also requested to approve the DPS creating blocks for the proposed medium density residential uses, a block for the Environmental Protection lands including the required buffers, and a block for the required road widening along Courtice Road. A copy of the DPS was filed as Exhibit 3. The conditions of approval for the DPS were provided to the Tribunal and marked as Exhibit 4.

12Mr. Jacobs reviewed the planning policy framework in detail in his Affidavit. He testified it is his opinion that the ZBA and DPS are appropriate for the development of the Subject Lands and have appropriate regard for matters of provincial interest as set out in s. 2 of the Act and the criteria set out in s. 51(24) of the Act.

13In consideration of the Provincial Policy Statement, 2020 (“PPS”), Mr. Jacobs opined that the Settlement Proposal is consistent with the PPS as it makes efficient use of the existing infrastructure and accommodates an appropriate range of housing within the community.

14The A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”) directs growth to delineated built up areas and that supports complete communities. Mr. Jacobs proffered that the Subject Lands are within the Courtice Urban Area and Built Boundary as identified in the Clarington Official Plan (“OP”). The Growth Plan further directs that complete communities will feature a diverse mix of land uses, including residential uses and convenient access to local stores, services and public facilities. Mr. Jacobs proffered that the Settlement Proposal will support complete communities as the proposed medium density housing will provide an alternative form of housing in the area and the Subject Lands are in close proximity to schools, parks and commercial facilities. Mr. Jacobs opined that the Settlement Proposal conforms to the Growth Plan.

15The Subject Lands are designated as Living Areas in the Region of Durham Official Plan (“ROP”) and are partially within the Built Boundary as shown on Schedule ‘A’ – Map ‘A5’ of the ROP. Mr. Jacobs opined that the Settlement Proposal conforms to the ROP as the proposal proposes residential land use as permitted by the Living Areas designation and protects the Natural Heritage Features with the proposed Environmental Protection Area zoning.

16Mr. Jacobs proffered that the proposed uses as defined in the proposed ZBA are permitted within the OP and the density proposed on Courtice Road, being an Arterial Road, is appropriate. Further, the Environmental Protection Area zoning protects and preserves the Natural Heritage Features on the Subject Lands as required by the OP. Mr. Jacobs opined that the Settlement Proposal conforms to the OP.

17Mr. Jacobs referred the Tribunal to the Hancock Neighbourhood Design Plan (“HNDP”) which was approved as Official Plan Amendment No. 80 and advised that the HNDP identifies part of the Subject Lands as “Medium Density Residential” with the balance of the Subject Lands identified as Green Space and subject to a Special Study Area. He proffered that the built form proposed conforms to the HNDP as proposed townhouses are consistent with the “Medium Density Residential” uses permitted and the preservation and buffers of the natural heritage features have been established and been used to inform the limit of the proposed medium-density residential development within the Special Study Area. Mr. Jacobs opined that the Settlement Proposal conforms with the HNDP.

18Mr. Jacobs reviewed the draft zoning by-law (Exhibit 2) identifying the site-specific exceptions and the limits of the Environmental Protection zone which will implement the concept plan on which the Settlement Proposal was based. He opined that the draft zoning by-law is consistent with the PPS and conforms with the Growth Plan, the ROP and the OP.

19Mr. Jacobs also proffered that the DPS is consistent with the PPS, conforms to the Growth Plan, the ROP and the OP and has appropriate regard for the criteria set out in s. 51(24) of the Act. He reviewed the Conditions of Draft Plan Approval and opined that the conditions are reasonable and achievable and should be attached to the approval of the DPS.

20It is noted that the development of the Subject Lands will require future planning approvals including Site Plan Approval and Draft Plan of Condominium applications once the ZBA and DPS are approved.

21Mr. Jacobs concluded opining that the Settlement Proposal represents good planning and recommended the approval of the ZBA and the approval of the DPS subject to the conditions of draft approval filed with the Tribunal.

ANALYSIS AND FINDINGS

22The Tribunal, having considered the uncontroverted Affidavit and viva voce evidence of Mr. Jacobs, is satisfied that the Settlement Proposal and the implementing ZBA and DPS should be approved.

23The Settlement Proposal has regard for matters of provincial interest set out in s. 2 of the Act as the Subject Lands are an appropriate location for growth and development, the Settlement Proposal represents a well-designed built form, and the ZBA and DPS will protect and preserve the Natural Heritage Features.

24The DPS and the conditions of approval of the draft plan have appropriate regard for the criteria delineated in s. 51(24) of the Act. The Tribunal finds that the DPS conforms with the ROP and OP and the Subject Lands are suitable for the purpose for which they are being subdivided. The conservation of natural resources and flood control have been addressed through the design and the conditions of the approval of the draft plan proposed. The DPS will have access to full municipal services and the municipal infrastructure including school sites, roads, transit, and hydro.

25The Tribunal finds the level of intensification proposed is appropriate for the Subject Lands being located within the Built-Up Area, adjacent to an arterial road, and will make efficient use of existing infrastructure and public service facilities.

26The proposed medium density townhouse development contemplated by the Settlement Proposal will expand the range of housing types in the area and is compatible with the existing physical character of the neighbourhood.

27The Tribunal is satisfied that the Settlement Proposal is consistent with the PPS, conforms to the Growth Plan, the ROP and OP.

28The Tribunal finds that the Settlement Proposal represents good planning and the approval of the ZBA and the DPS subject to the conditions set out in Exhibit 4 is in the public interest.

29The Tribunal allows the appeals and approves the ZBA as set out in Attachment 1. Further, the Tribunal approves the DPS as set out in Attachment 2 subject to the conditions set out in Attachment 3.

ORDER

30THE TRIBUNAL ORDERS that the appeal filed pursuant to subsection 34(11) of the Planning Act, is allowed and Zoning By-law No. 84-63 of the Municipality of Clarington is hereby amended as set out in Attachment 1 to the Order. The Tribunal authorizes the municipal clerk of the Municipality of Clarington to assign a number to this by-law for record keeping purposes.

31AND THE TRIBUNAL ORDERS that the appeal filed pursuant to subsection 51(34) of the Planning Act, is allowed and the draft plan shown on the plan prepared by R. Mc Rae, O.L.S. of J. D. Barnes Limited dated September 21, 2023, comprising of Part of Lot 28, Concession 3, former Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, and attached as Attachment 2 to this Order, is approved subject to the fulfillment of the conditions as set out in Attachment 3 to this Order.

32AND THE TRIBUNAL ORDERS that pursuant to subsection 51(56.1) of the Planning Act, the Municipality of Clarington shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Planning Act.

33In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“David Brown”

DAVID BROWN

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.

ATTACHMENT 1

The Corporation of the Municipality of Clarington

By-law Number 2024-##

being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law

for the Corporation of the Municipality of Clarington.

Now therefore the Ontario Land Tribunal amends By-law 84-63 as follows:

1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is amended by adding Special Exception Zone 14.6.XX as follows:

“14.6.68 Urban Residential Exceptions (R3-XX) Zone

Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-XX on the Schedules to this By-law shall only be used for link townhouse dwellings.

For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot:

a. Lot area (minimum) 120 square metres

b. Lot Frontage (minimum)

i) Interior Lot 5.5 metres

ii) Exterior Lot 7.5 meters

c. Yard Requirements (minimum)

i) Front yard 6.0 metres to a private garage or carport

3.0 metres to a dwelling

2.5 metres to an unenclosed porch

ii) To a private street 1.9 metres to a dwelling

1.4 metres to an unenclosed porch

iii) Interior Side Yard 1.2 metres, nil where building has

a common wall with any adjacent building on an adjacent lot

iv) Rear yard 6.0 metres to private garage or carport

5.5 metres to dwelling

d. Lot coverage (maximum) 65 percent

e. Landscape open space (minimum) 25 percent

f. Outdoor amenity space (minimum) 4 square metres per dwelling unit

g. Building Height (maximum) 11.0 metres

h. Number of storeys (maximum) 3

i. No garage shall be located in yards adjacent to a public street.

j. Where a link townhouse dwelling has frontage on both a public street and a private lane, the lot line adjacent to the Public Street shall be the front lot line.

k. Special Regulations

i) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1 metre

ii) Height of floor deck of 1.0 metre unenclosed porch above

finished grade (maximum)

2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is amended by adding Special Exception Zone 14.6.YY as follows:

“14.6.6 Urban Residential Exceptions (R3-YY) Zone

Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-YY on the Schedules to this By-law shall only be used for link townhouse dwellings.

For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot:

a. Lot area (minimum) 160 square metres

b. Lot Frontage (minimum)

i) Interior Lot 6.0 metres

ii) Exterior Lot 9.0 meters

c. Yard Requirements (minimum)

i) Front yard 6.0 metres to a private garage or carport

3.0 metres to a dwelling

2.5 metres to an unenclosed porch

ii) Exterior yard 3.0 metres to a dwelling

2.0 metres to an unenclosed porch

iii) To a private street 3.0 metres to a dwelling

2.0 metres to an unenclosed porch

iv) Interior Side Yard 1.2 metres, nil where building has

a common wall with any adjacent building on an adjacent lot

v) Rear yard 7.5 metres

vi) Water meter building 2.5 metres to visitor parking space

6.0 metres to private street

d. Lot coverage (maximum)

i) Dwelling 55 percent

ii) Total of buildings and structures 60 percent

e. Landscape open space (minimum) 25 percent

f. Outdoor amenity space (minimum) 4 square metres per dwelling unit

g. Building Height (maximum) 11.0 metres

h. Number of storeys (maximum) 3

i. No garage shall be located in yards adjacent to a public street.

j. Special Regulations

i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1 metre

ii) Height of floor deck of 1.0 metre unenclosed porch above finished grade (maximum)

3. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from:

“Agricultural (A)” to “Urban Residential Exception (R3-XX)” “Agricultural (A)” to “Urban Residential Exception (R3-YY)” “Agricultural (A)” to “Environmental Protection (EP)”

“Environmental Protection (EP)” to “Urban Residential Exception (R3-YY)”

As illustrated on the attached Schedule ‘A’ hereto

4. Schedule ‘A’ attached hereto shall form part of this By-law.

5. This By-law shall come into effect on the date of issuance of the Order of the Ontario Land Tribunal under Ontario Land Tribunal Case No.: OLT-22-004868, subject to the provisions of Section 34 and Section 36 of the Planning Act.

This is Schedule A to By-law 2024-## approved by Ontario Land Tribunal

File No.: OLT-22-004868 in its Order issued February 02, 2024

ATTACHMENT 2

ATTACHMENT 3

CONDITIONS OF DRAFT APPROVAL

ONTARIO LAND TRIBUNAL Case No. OLT-22-004869

(Municipal File Number: S-C-2022-0006)

Issued for Concurrence: Notice of Decision: Draft Approved:

Carlos Salazar, RPP, MCIP

Director of Planning and Infrastructure Services Municipality of Clarington

Part 1 – Plan Identification

1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2022-0006 prepared by J.D Barnes Limited identified as job number 18M-00161-00, dated September 21, 2023, which illustrates a medium density residential block for 87 link townhouse units, a road widening block, and environmentally protected lands and associated buffer.

The redline revisions are:

1. To facilitate the conveyance of the entirety of the Environmental Protection Area lands, including those below the proposed laneway crossing, Blocks 2 and 3 shall be combined into one Block 2 and the boundaries of the Blocks be amended.

2. That the lands generally identified for future development on the Concept Plan, dated September 25, 2023, be identified as a separate block on the draft plan to facilitate future conveyance of said lands.

3. That all block numbers be updated accordingly following the redline revisions above.

Part 2 – General

2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the “Municipality”) that contains all of the terms and conditions of the Municipality’s standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality’s standard subdivision agreement can be found at

https://www.clarington.net/en/do-business/resources/application-forms/subdivision-agreement.pdf

2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the “Region”).

2.3 All works and services must be designed and constructed in accordance with the Municipality’s Design Guidelines and Standard Drawings.

2.4 The Owner shall pay for a peer review of any study, report or guideline, if/as required by the Municipality or the Region.

Architectural Control

2.5 (1) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the “Control Architect” to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning and Infrastructure Services (the “Director”).

(2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning and Infrastructure Services.

(3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning and Infrastructure Services.

Marketing and Sales

2.6 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Infrastructure Services.

(2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Infrastructure Services.

(3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Infrastructure Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public.

Site Alteration

2.7 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.6. After registration of a subdivision agreement, the provisions of the Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement.

Part 3 – Final Plan Requirements

3.1 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements:

(a) Environmental Protection Lands and Buffer as shown in Blocks 2 and 3 on the draft plan.

3.2 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements:

(a) Road Widenings

• A 8.0-8.2 metre road widening across the entire frontage of Courtice Road North shown as Block 4 on the draft plan.

Part 4 – Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration

4.1 The Owner shall submit the following plans and report or revisions thereof:

Phasing Plan

(1) This draft plan shall be developed in one registration only.

Noise Report

(2) Prior to the preparation of the subdivision agreement and as part of the first engineering submission, The Owner shall submit to the Director of Planning and Infrastructure Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled “Noise Impact Study”, prepared by Candevcon Limited, dated March 17, 2022, Project No. W21172.

Functional Servicing

(3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Planning and Infrastructure Services and Central Lake Ontario Conservation Region Conservation Authority.

Soils Management Plan

(5) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for implementation by a licensed geotechnical engineer. This report shall be submitted for review and approval by the Director. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage.

Dust Management Plan

(6) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must:

(a) identify the likely sources of dust emissions;

(b) identify conditions or activities which may result in dust emissions;

(c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions;

(d) include a schedule for implementing the plan, including training of on-site personnel;

(e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and

(f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed.

Landscape Plans

(7) Landscape plans shall be submitted to Planning and Infrastructure Services no later than the second submission of engineering plans (detail design) for each phase.

(8) This development shall comply with the Municipality’s Landscape Design Guidelines and requirements. Without limiting the generality of the foregoing, the subdivider shall prepare and coordinate the landscape plans with the engineering drawings to the satisfaction of Planning and Infrastructure Services. The following shall be submitted to Planning and Infrastructure Services:

(a) The landscape submission shall include, but is not limited to:

(i) Restorative works and planting for the adjacent portion of Open Space Blocks 2 and 3 on the draft plan;

(ii) Street/boulevard tree planting; and,

(iii) Fencing.

(b) A statement from a Landscape Architect shall certify that the measures employed to promote the preservation of existing site features and vegetation are appropriate.

(9) The Owner shall deposit with the Municipality a public lands damage deposit and monetary security in the amounts to be specified in the subdivision agreement as determined by Planning Services. This shall ensure that the public lands are not damaged and that certain site improvements, landscaping, fencing and vegetation preservation, in accordance with the approved conditions and plans, are carried out.

Part 5 – Special Terms and Conditions to be Included in the Subdivision Agreement

5.1 Lands Requiring Site Plans

The Owner shall not make an application for a building permit in respect of Block 1 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.

5.2 Parkland

The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act,

R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2022-0006.

5.3 Noise Attenuation

(1) The Owner shall implement any noise attenuation measures recommended in the updated noise report based on the preliminary noise report entitled “Noise Impact Study” prepared by Candevcon Limited and dated March 17, 2022 (the “Noise Report”).

(2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report.

5.4 Temporary Access/Internal Connection

The Owner shall, to the satisfaction of the Director, provide and maintain temporary access over Block 1 on the draft plan for the purpose of

maintenance/access to Environmental Protection Blocks 2 and 3. When directed to do so, the Owner, at 100% the cost shall remove such temporary access and restore the lands to the satisfaction of the Director.

5.5 Laneway Crossing Easement

The Owner shall, to the satisfaction of the Director, obtain an easement over part of the environmental protection area for the purpose of providing a laneway crossing and associated infrastructure/servicing. The Owner shall be responsible for all construction and maintenance associated with implementing the proposed crossing and infrastructure/servicing. The easement will include a cost-sharing agreement with the Municipality that identifies the costs associated with the crossing and associated infrastructure/servicing to be borne by the Owner.

5.6 Existing Structures

The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes.

Part 6 – Agency Conditions

6.1 Region of Durham

(1) The Owner shall prepare the final plan and shall include a land use table on the basis of the approved Draft Plan of Subdivision, prepared by J.D Barnes Limited, identified as reference number 18M-00161-00, dated September 21, 2023, which illustrates a medium density residential block for 87 link townhouse units, a road widening block, and environmentally protected lands and associated buffer.

(2) The Owner shall address stormwater management flows, location and capacity associated with the subject lands to the satisfaction of the Region of Durham and the Central Lake Ontario Conservation Authority.

(3) The Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture, and Sport. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Tourism, Culture and Sport.

(4) The Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment and Climate Change guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The agreement shall

contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan.

(5) Prior to the finalization of this plan of Subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham to address site contamination matters in accordance with the Region's Soil and Groundwater Assessment Protocol. Depending on the findings of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. Any ESA reports shall also include the submittal of the Regional Reliance Letter and Certificate of

Insurance, to the Region’s satisfaction.

(6) The Owner shall submit plans showing the proposed phasing to the Region of Durham for review and approval if this subdivision is to be developed by more than one registration.

(7) The Owner shall grant to the Region any easements required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Region.

(8) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham and are to be completed prior to final approval of this plan.

(9) Prior to entering into a Subdivision Agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision.

(10) The Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services.

6.2 Conservation Authority

(1) That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain final approval from Central Lake Ontario Conservation Authority (CLOCA) and the Municipality of Clarington for reports/plans describing the following:

(a) A detailed grading plan illustrating the final proposed grades and associated with works within Block 2 and 3 and the proposed box culvert under the proposed road;

(b) Demonstrate the intended means of conveying storm water flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines, and CLOCA’s Technical Guidelines, as amended;

(c) A comprehensive Stormwater Management/Functional Servicing Report (SWMR/FSR), which clearly articulates the drainage assumptions, directs the site-specific stormwater management control requirements for the site, and is consistent with CLOCA’s Technical Guidelines for Stormwater Management;

(d) The box culvert be designed to provide flow conveyance and local wildlife passage for small herptiles, invertebrates and mammals;

(e) The Soil Investigation Report and Geotechnical Investigation be completed to inform the final detailed design;

(f) The Groundwater Monitoring program be developed in consultation with CLOCA, that includes one full seasonal cycle of observations;

(g) The Hydrogeological Assessment be completed, and include in-situ testing, to inform the location of LIDs as part of the treatment train approach to stormwater management. The work shall also inform the detailed design to ensure groundwater will not be intercepted as part of this development;

(h) The detailed design shall demonstrate the use of Low Impact Development (LIDs) stormwater management measures, to be finalized and approved as part of the final Stormwater Management/Functional Servicing Report (SWMR/FSR). The details shall include an analysis of the water table levels and the recommended LID measures. Estimates and a map of how the LIDs will capture the 25mm event and through infiltration, bioretention, and other means will be required to be demonstrated to meet the required capture target for the developable area, to the greatest extent possible. The LIDs shall include measures supporting the treatment train approach to stormwater management, and measures to maintain pre and post development water balance and measures to ensure no hydrologic impacts;

(i) The appropriate location of the stormwater LIDs and foundation drainage collection system outlets be finalized and approved. All mitigation measures shall be required to ensure that the foundation drainage collection system will not intercept the seasonal high-water table;

(j) That a digital copy of the Hydrology and Hydraulic model be provided for review and final approval;

(k) That an updated floodplain map that meets CLOCA’s technical guidelines be provided, which includes the following:

i. Show the existing and proposed floodlines as well as cross-section locations;

ii. Include additional cross-sections and defined ineffective flow areas for the proposed box culvert;

iii. Reflect the proposed development grading within the cross-sections in the proposed conditions scenario;

iv. Depict the most conservative flow scenario (100-year event based on the Chicago storm event according to submitted hydrology model);

v. Quantify the amount of fill proposed in the floodplain and evaluate any impacts on the tributary and its associated floodplain;

vi. Propose an increased culvert size if required to meet the above, all applicable local and provincial guidelines and ensure a 6m access allowance between the floodline and the limit of development; and

vii. The final floodplain map will be required to be stamped by a professional engineer and provided to CLOCA for final approval.

(l) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with Provincial and Conservation Authority guidelines. The report and plans must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or related works.

(2) That all recommendations contained within the Environmental Impact Study and Addendum, completed by Dillon Consulting, be revised to include impacts of the proposed grading encroachments. The final recommendations of the EIS works are to be incorporated into the development, subject to the final approval by CLOCA and the Municipality.

(3) That a comprehensive environmental restoration and enhancement plan be prepared for all disturbed areas and the VPZ areas within Environmental Protection Blocks 2 and 3, and shall demonstrate a net environmental gain. The planting plan will provide a robust and dense re-naturalization plan consisting of native, self-sustaining vegetation for all disturbed areas and barrier plantings along the perimeter to deter public access, to the satisfaction of CLOCA and the Municipality of Clarington. All planted areas will be protected with appropriate fencing to avoid any disturbance to this area during construction. The works will be secured through the Subdivision Agreement.

(4) That an environmental monitoring plan for all restoration and enhancement plantings within Block 2 and 3 be submitted to monitor that the works have been completed and are successful. The plantings will be subject to a 3-year environmental monitoring period, to be provided at the detailed design stage, and will include a contingency for replacements if required, and secured through securities in the Subdivision Agreement. The works will be subject to annual reporting by a qualified professional, to the satisfaction of CLOCA.

(5) That all works within Block 2 and 3 (including the plantings and culvert installation) associated with the subdivision, be completed as part of the first phase of registration.

(6) That Environmentally Protection Blocks 2 and 3 be conveyed to the Municipality of Clarington, free and clear of all encumbrances. Any necessary grading within Block 2 and 3 will be minimized to the greatest extent possible, to the satisfaction of CLOCA and the Municipality.

(7) That the Owner shall agree within the Subdivision Agreement to erect a permanent fence between all Environmental Protection Lands (Blocks 2 and 3) and residential lands to prevent any direct entry or encroachment from landowners/occupants into the protected lands. The Subdivision Agreement shall include provisions to prohibit private gates being installed through this fence, to the satisfaction of CLOCA and the Municipality.

(8) That prior to any grading, site alteration, construction or final approval of the plan or any phase of the plan, the Owner shall obtain all required permits from the CLOCA pursuant to the requirements of the Ontario Regulation 42/06 (as amended) of the Conservation Authorities Act.

(9) The Owner agrees to carry out the work according to all the report and technical studies approved by CLOCA as part of this application.

(10) That this plan be subject to red-line revision to the satisfaction of the CLOCA and the Municipality of Clarington to address the resolution of detailed design and grading as may be identified during the review of the final reports or detailed design with respect to regulated features and hazards.

(11) That the Owner satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule.

(12) That the Subdivision Agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions:

(a) The Owner agrees to carry out the works referred to in CLOCA’s Conditions of Draft Approval to the satisfaction of the Central Lake Ontario Conservation Authority;

(b) The Owner agrees to maintain all stormwater management and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority;

(c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works;

(d) The Owner agrees to provide the appropriate securities to undertake the restoration and enhancement works for all vegetation protection zones to be conveyed to the Municipality;

(e) The Owner agrees to obtain the required permits pursuant to the Conservation Authorities Act prior to any site alteration, grading or development taking place on the site; and,

(f) The Owner agrees to satisfy all financial requirements of the Central Lake Ontario Conservation Authority.

6.3 Kawartha Pine Ridge District School Board

(1) All offers of purchase and sale shall contain a statement advising prospective purchaser(s) that accommodation within a public school in the community is not guaranteed and students may be accommodated in temporary facilities; including but not limited to accommodation in a portable classroom, a “holding school”, or in an alternate school within or outside of the community.

(2) All offers of purchase and sale shall include a statement advising prospective purchasers that if school buses are required within the development in accordance with Kawartha Pine Ridge District School Board Transportation policies, as may be amended from time to time, school bus pick up points will generally be located on the through street at a location as determined by the Student Transportation Services of Central Ontario

(3) That the Owner(s) shall agree to provide a pedestrian walkway or dedicated pedestrian use only area throughout the subdivision to accommodate and promote safe walking routes to the nearby school property and elsewhere. To clear this condition, KPRDSB staff will require a copy of the proposed plan and details for the pedestrian route prior to entering into the Subdivision Agreement. Any Subdivision Agreement shall reflect these proposed plans and details.

6.4 Canada Post Corporation

(1) The Owner covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Lockbox Assemblies as required by Canada Post Corporation and as shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of Lockbox Assemblies and that home/business mail delivery will be provided via Lockbox Assemblies or Mailroom.

(2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows:

(a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin.

(b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut.

(c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day.

(d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans.

(e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.

(f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied.

(g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable):

i) Any required walkway across the boulevard, per municipal standards; and

ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications).

6.5 Bell Canada

(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.

6.6 Rogers

(1) The Owner shall agree in the Subdivision Agreement to (a) permit all CRTC- licensed telecommunications companies intending to serve the Subdivision (the “Communications Service Providers”) to install their facilities within the Subdivision, and (b) to provide joint trenches for such purpose.

(2) The Owner shall agree in the Subdivision Agreement to grant, at its own cost, all easements required by the Communications Service Providers to serve the Subdivision, and will cause the registration of all such easements on title to the property.

(3) The Owner shall agree in the Subdivision Agreement to coordinate construction activities with the Communications Service Providers and other utilities, and prepare an overall composite utility plan that shows the locations of all utility infrastructure for the Subdivision, as well as the timing and phasing of installation.

(4) The Owner shall agree in the Subdivision Agreement that, if the Owner requires any existing Rogers facilities to be relocated, the Owner shall be responsible for the relocation of such facilities and provide where applicable, an easement to Rogers to accommodate the relocated facilities.

6.7 Utilities

(1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director.

(2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director.

(3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services.

Part 7 – Standard Notices and Warnings

7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.

7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality’s standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks.

7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply:

7.4 Canada Post Corporation

The Owner include the following notice in the agreements of purchase and sale for all lots:

“Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.”

7.5 School Board

The Owner shall include the following warning clause in agreements of purchase and sale for all Lots:

“Accommodation within a public school in the community is not guaranteed and students may be accommodated in temporary facilities; including but not limited to accommodation in a portable classroom, a “holding school”, or in an alternate school within or outside of the community.”

“If school buses are required within the development in accordance with Kawartha Pine Ridge District School (KPR) Board Transportation policies, as may be amended from time to time, school bus pick up points will generally be located on the through street at a location as determined by the Student Transportation Services of Central Ontario.”

7.6 Chain Link Fencing

The Owner shall include the following notice in the agreements of purchase and sale for all Lots adjacent to Environmental Protection Blocks 2 and 3 on the draft plan.

“Chain Link Fencing – Chain link fencing is a required feature between this lot and the adjacent open space. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence.”

Part 8 - Clearance

8.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning and Infrastructure Services shall be advised in writing by,

(a) Durham Region how Conditions 1 to 10 have been satisfied;

(b) Central Lake Ontario Conservation Authority, how Conditions 1 to 12 have been satisfied;

(c) Kawartha Pine Ridge District School Board, how Conditions 1 to 3 have been satisfied;

(d) Canada Post, how Conditions 1 and 2 have been satisfied;

(e) Bell Canada, how Conditions 1 and 2 have been satisfied; and,

(f) Rogers, how Conditions 1 to 4 have been satisfied;

Part 9 – Notes to Draft Approval

9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality’s standard subdivision agreement.

9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval.

9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning and Infrastructure Services for the Municipality of Clarington well in advance of the lapsing date.

9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are:

(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721.

(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411.

(c) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 – Blue, Scarborough, Ontario M1P 4W2.

(d) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4.

(e) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,

Peterborough, Ontario K9J 6X6

(f) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1P 5A1