Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 09, 2026 CASE NO(S).: OLT-25-000115

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

Applicant and Appellant: 1983358 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of 495 residential units Reference Number: OPA-05-21 Property Address: 13437 Loyalist Parkway Municipality: County of Prince Edward OLT Case No.: OLT-25-000115 OLT Lead Case No.: OLT-25-000115 OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)

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

Applicant and Appellant: 1983358 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of 495 residential units Reference Number: Z21-21 Property Address: 13437 Loyalist Parkway Municipality: County of Prince Edward OLT Case No.: OLT-25-000116 OLT Lead Case No.: OLT-25-000115 OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)

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

Applicant and Appellant: 1983358 Ontario Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of 495 residential units Reference Number: 13-T-21-503 Property Address: 13437 Loyalist Parkway Municipality: County of Prince Edward OLT Case No.: OLT-25-000117 OLT Lead Case No.: OLT-25-000115 OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)

Heard: March 17, 2026, by Video Hearing

APPEARANCES:

Parties	Counsel
1983358 Ontario Inc.	G. Meeds
County of Prince Edward	D. Querques J. Savini (in absentia)
Canadian Tire Real Estate Ltd. & Canadian Tire Properties Inc.	A. Pilkington S. Leisk (in absentia)
Waring’s Creek Improvement Association	P. Pickfield

DECISION DELIVERED BY S. deBOER AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal scheduled a hearing in accordance with Rule 12 of Tribunal’s Rules of Practice and Procedure to review the proposed settlement between 1983358 Ontario Inc. (“Appellant”), Prince Edward County (“County”), Canadian Tire Real Estate Ltd. & Canadian Tire Properties Inc. (“Canadian Tire”), and Waring’s Creek Improvement Association (“Waring’s Creek”). The Appellant had filed appeals with the Tribunal under ss. 22(7), 34(11), and 51(34) of the Planning Act (“Act”) due to the County’s refusal of the Official Plan Application (“OPA”) and the Zoning By-law Application (“ZBA”) and Draft Plan of Subdivision Application (“DPS”) pertaining to the address municipally known as 13437 Loyalist Parkway (“Subject Lands”).

LEGISLATIVE FRAMEWORK

2When considering appeals filed pursuant to ss. 22(7), 34(11), and 51(34) of the Act, the Tribunal must have regard to matters of provincial interest as set out in s. 2 of the Act. Decisions of the Tribunal affecting planning matters must be consistent with the applicable policies of the Provincial Planning Statement, 2024 (“PPS 2024”) and, in this matter, conform to the Prince Edward County Official Plan (“COP”), and the Picton-Hallowell Secondary Plan (“PHSP”). Appeals filed under s. 51(34) of the Act must also take into consideration that the criteria of a DPS under s. 51(24) have been met.

SUBJECT LANDS AND SURROUNDING AREA

3The Subject Lands are approximately 25.8 hectares (“ha”) in size, bisected by the Millenium Trail. The lands to the south of the Millenium Trail are approximately 19.4 ha in size with approximately 590.7 metres (“m”) of frontage on Sandy Hook Road. The lands located on the north side of the Millenium Trail have an approximate area of 5.5 ha with an approximate frontage of 16.4 m on Loyalist Parkway.

4The Subject Lands are currently unoccupied, and a woodlot can be found in the southeast portion of the Subject Lands.

5The Appellant began the application process in February 2020. On March 12, 2021, the three planning applications were filed with the County Planning Department. The original applications would permit a development of 393 housing units. The County deemed the applications complete on April 16, 2021.

6As a result of further consultations between the Appellant and the County, the design of the proposal was changed to incorporate design solutions. These changes resulted in an increase in the number of dwelling units from the proposed 393 units to 495 units.

7A public meeting was held on December 11, 2024, concerning the revised applications. After the public meeting, the County did not make a decision on the applications within the statutory timelines as per the Act. As a result of the non-decision, the Appellant filed appeals of the non-decision to the Tribunal.

PRELIMINARY ISSUES

County’s Comprehensive Zoning By-law

8Prior to hearing any evidence to the proposed planning instruments, the County informed the Tribunal that it had been notified that the appeal of the County’s Comprehensive Zoning By-law No. 1816-2006 (“CCZBL”) was nearing completion. The CCZBL came into effect on November 10, 2025, and the final decision on that appeal could result in the CCZBL being in effect prior to the resolution of these appeals. The Subject Lands in this matter could be affected by the CCZBL and that if the Tribunal approves the planning instruments before it in this matter, then the County would need to put in place another administrative zoning by-law noting that the planning instruments approved at this Hearing would not be affected by the in-place CCZBL. The County stated that the administrative zoning by-law would be circulated to and agreed upon by all the Parties prior to it being brought before Council for approval. The Tribunal agreed that this would be an appropriate process to take place, once the Decision was rendered on the Appeals in this matter before this Tribunal Member and the Decision was rendered by a separate Tribunal Member concerning the CCZBL.

Participant Statement of Gregor Stuart (PEC Trails)

9At the first Case Management Conference (“CMC”), the Tribunal deferred ruling on Mr. Gregor Stuart’s Participant status as Mr. Stuart could not attend. Due to there not being another CMC between the first CMC and this Hearing event, the Tribunal canvassed the Parties and then ruled that Mr. Stuart’s Participant Statement would be allowed, and the Tribunal directed the Parties to provide oral evidence to the concerns of Mr. Stuart and how the planning instruments before the Tribunal have taken those concerns into consideration.

THE HEARING

Submissions

10Prior to the commencement of the Hearing, the Tribunal received the following documents and marked said documents as exhibits to the Hearing:

Exhibit 1: Affidavit of Ray Essiambre and related planning documents; comprising 62 pages

Planning Evidence

11The Appellant presented Mr. Ray Essiambre to provide oral evidence along with his Affidavit. Based on the curriculum vitae presented in Exhibit 1, the Tribunal qualified Mr. Essiambre as an expert in land use planning and his Affidavit and oral testimony would reflect his expert opinions on the matter before the Tribunal.

12Mr. Essiambre opined that throughout the discussions between the Parties, the Parties agreed to a total of 495 dwelling units, which was an increase from the originally proposed 393 dwelling units. The other significant change from the original applications was the reduction of the number of roadways crossing the Millenium Trail from two to one. These two major modifications, along with other minor modifications, allowed the Parties to agree on the proposed planning instruments that are before the Tribunal.

Section 2 of the Planning Act

13It was Mr. Essiambre’s opinion that the settlement proposal before the Tribunal has appropriate regard to matters of provincial interest as per s. 2 of the Act. The proposed planning instruments will contain a mix of residential dwelling units that are in a compact form. The proposed planning instruments will make use of underutilized lands within a settlement area, will be connected to exiting municipal services, and will connect to existing roads and trail systems that will support the existing active transportation network. The proposed planning instruments will protect the natural heritage features such as the existing woodlot and wetland associated with Waring’s Creek. Mr. Essiambre opined that the proposed planning instruments demonstrate that they have appropriate regard for matters of provincial interest.

PPS 2024

14Mr. Essiambre continued with his opinion that the proposed planning instruments are consistent with the applicable policies of the PPS 2024. The planning instruments will contribute to an appropriate range of housing options and densities. The planning instruments will help support the achievement of a complete community within the established settlement area. The planning instruments will allow the proposal to make an efficient use of the existing municipal services while minimizing the amount of new road infrastructure and servicing to support the proposed development. The Subject Lands are in close range to various amenities and will make use of the existing trail systems such as the Millenium Trail. As such, Mr. Essiambre opined that the planning instruments are consistent with the applicable policies of the PPS 2024.

COP

15It was Mr. Essiambre’s opinion that the planning instruments will allow the proposed development to align with the applicable policies and objectives of the COP, specifically, the applicable policies of the PHSP The proposed planning instruments are within a settlement area and will make use of the existing services while providing for needed housing and housing types in a compact form.

PHSP

16Mr. Essiambre opined that the Subject Lands have four planning designations on them. Schedule ‘A’ shows the Subject Lands as designated as a “Town Residential Area, Open Space and Environmental Protection Area”. Schedule ‘B’ shows the Subject Lands as within the “Secondary Transportation Plan Area”. Schedule ‘C’ shows the Subject Lands as being within the PHSP, and Schedule ‘D’ shows the Subject Lands as being within the “Secondary Plan Services Area”.

17Mr. Essiambre continued with his opinion that Schedule ‘A’ manages the policies on growth and development within the PHSP. These policies support the increase in residential densities and encourage multiple forms of housing to occur. The minimum density permitted is 25 units per net ha whereas the proposed planning instruments have a proposed density of 36 units per net ha. Other applicable polices of Schedule ‘A’ include that environmentally sensitive areas remain protected and that park and open spaces are preserved.

18Schedule ‘B’ pertains to the PHSP Transportation Plan. Mr. Essiambre opined that the Subject Lands are located on an arterial road, that being Loyalist Parkway, and a collector road, that being Sandy Hook Road. A transportation study and analysis were completed which concluded that the proposed planning instruments will be able to be accommodated by the existing public road network.

19Schedule ‘C’ demonstrates that the Subject Lands are within the PHSP, and parts of the Subject Lands are within the Waring Creek Watershed Policy Area. The Proposed planning instruments demonstrate that the matters concerning the Waring’s Creek Improvement Association were taken into consideration and resolved as apart of the settlement between the Parties.

20Schedule ‘F’ shows the Subject Lands as in ‘Service Area 1’, ‘Service Area 2’, and ‘Service Area 3’. Mr. Essiambre opined that the proposed planning instruments demonstrate that the OPA redesignates the lands in ‘Service Area 2’ and ‘Service Area 3’ to ‘Service Area 1’. This redesignation will allow the Subject Lands to be serviced using the existing municipal services.

21Mr. Essiambre opined that the proposed planning instruments and the redesignation of the Subject Lands demonstrate their conformity with the general purpose and intent of the PHSP.

ZBA

22It was Mr. Essiambre’s opinion that the changes to the ZBA will rezone the Subject Lands from the existing ‘RU1’, ‘RU2’, and ‘EP’ to a proposed ‘R3-x’ and ‘OS’ Zone while keeping the ‘EP’ zone for the areas of concern by Waring’s Creek Improvement Association. Mr. Essiambre continued with his opinion these proposed zoning changes are in keeping with the general intent and purpose of the existing ZBA and should be approved.

DPS

23Concerning the DPS, it was Mr. Essiambre’s opinion that the proposed planning instrument meets the criteria of s. 51(24) of the Act as the DPS is a matter of provincial interest. Mr. Essiambre continued with his opinion that the DPS is not premature as it implements the policies contained within the PHSP and is within the settlement area of the COP.

24Mr. Essiambre continued with his opinion that the Subject Lands are suitable for the intended residential use while balancing the conservation of the natural elements including the woodlot and the proposed parkland. The DPS will make use of the existing municipal services, and the grading of the Subject Lands will provide appropriate flood control mechanisms. Mr. Essiambre opined that the DPS will provide for an adequacy of local roads that will be dedicated to the municipality while connecting to the existing municipal road network.

25Mr. Essiambre continued with his opinion that the DPS conforms to the applicable policies of the COP, as the COP directs that development occur on undeveloped lands within the settlement area. The DPS will provide for a mix of residential dwelling types and densities while maximizing the use of existing municipal services and facilities. The DPS conforms to the applicable policies pertaining to an Environmental Protection Area and the applicable Park and Open Spaces policies.

26For these reasons listed above, it was Mr. Essiambre’s opinion that the DPS should be approved as presented, including the agreed upon DPS conditions. Mr. Essiambre opined that the County should have the authority pursuant to s. 51(56.1) of the Act to clear the conditions attached to the DPS and have the authority to give the final approval to the DPS as per s. 51(58) of the Act.

Participant Statement

27Mr. Essiambre opined that the concerns of Mr. Stuart have been taken into consideration based on the settlement before the Tribunal. Mr. Stuart’s concerns regarding the multiple road crossings of the Millenium Trail have been satisfied as there will only be one crossing of the Trail as seen in the DPS. The other issues brought forth by Mr. Stuart concerning the moving of the Trail and creating a natural barrier between the Trail and the subdivision will be taken into consideration during the Site Plan stage.

Conclusions and Recommendations

28It was Mr. Essiambre’s opinion that the settlement proposal before the Tribunal has regard for matters of provincial interest as per s. 2 of the Act. The settlement proposal is consistent with the PPS 2024 and conforms with the applicable policies of the COP, the PHSP, and the ZBA. The DPS has demonstrated its regard for provincial interest and has met the criteria as specified in s. 51(24) of the Act and the planning instruments should be approved in the final form presented.

ANALYSIS AND FINDINGS

29Having received the uncontroverted evidence and expert opinion of Mr. Essiambre, and the Tribunal receiving the uncontested opinions of the Parties in support of the appeals before the Tribunal, the Tribunal accepts the evidence of Mr. Essiambre, and the Tribunal is satisfied that the proposed planning instruments meet the statutory tests.

30The Tribunal finds that the settlement proposal is a matter of provincial interest as per Section 2 of the Act as it will provide needed housing within a settlement area. The Tribunal finds that the settlement has demonstrated that it is consistent with the applicable policy framework of the PPS 2024 as the proposal will help promote efficient land use and an intensification that is in a compact form.

31The Tribunal finds that the proposal, as presented, has demonstrated its conformity to the applicable policies of the COP, PHSP, and the ZBA as the planning instruments are located within a settlement area, and make use of existing municipal services.

32The Tribunal finds that the proposal is designed to fit harmoniously within the existing neighbourhood while providing an appropriate amount of residential density on underutilized lands within a settlement area.

33The Tribunal finds that the OPA and ZBA should be approved as presented. The Tribunal finds that the DPS should be approved in principle, subject to the draft plan conditions as agreed to by the Parties. The Tribunal finds that the request that the County be given the authority to clear the conditions attached to the DPS is appropriate and that the County shall have the ability to give the Final Approval to the DPS as per s. 51(58) of the Act.

ORDER

34THE TRIBUNAL ORDERS THAT the appeal is allowed and Official Plan Amendment No. 9 to the Official Plan of the County of Prince Edward is approved as attached below as Attachment 1 to this Order.

35THE TRIBUNAL ORDERS THAT the appeal is allowed, and the Comprehensive Zoning By-law No. 1816-2006 is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the County of Prince Edward to assign a number to this by-law for record keeping purposes.

36THE TRIBUNAL ORDERS THAT the Draft Plan of Subdivision shown on the plan prepared by Watson Land Surveyors Ltd. dated November 26, 2024, is approved subject to the fulfillment of the conditions set out in Attachment 3 to this Order.

37THE TRIBUNAL FURTHER ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the County of Prince Edward 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. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“S. deBoer”

S. deBOER MEMBER

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

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

ATTACHMENT 1

AMENDMENT NO. 9 PICTON-HALLOWELL SECONDARY PLAN Loyalist Heights Subdivision for the Municipality of the County of Prince Edward

Amendment No. 9 to the Official Plan of the County of Prince Edward

The attached explanatory text, constituting Amendment No. 9 to the Official Plan of the County of Prince Edward, was prepared by the Council of the Corporation of the County of Prince Edward under the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended.

The amendment was approved by the Ontario Land Tribunal in accordance with Sections 17 and 21 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, on the 17th day of March, 2026.

THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO.

BEING A BY-LAW TO ADOPT AN AMENDMENT TO THE OFFICIAL PLAN OF THE CORPORATION OF THE COUNTY OF PRINCE EDWARD. (LOYALIST HEIGHTS SUBDIVISION) ORDERED BY THE ONTARIO LAND TRIBUNAL

1. THAT AMENDMENT NO. 9 to the Official Plan of the County of Prince Edward, consisting of the attached explanatory text and Schedule ‘1’ is hereby approved.

2. THAT this by-law shall come into force and take effect pursuant to the provisions and regulations made under the Planning Act, R.S.O., 1990, c.P.13, as amended.

ORDERED by the Ontario Land Tribunal dated March 17, 2026 for Case Number OLT-25-000115.

Amendment No. 9 To the Picton Hallowell Secondary Plan of the County of Prince Edward

1. Title: The following text constitutes Amendment No. 9 to the Official Plan of the Corporation of the County of Prince Edward. The Minister of Municipal Affairs and Housing approved the Official Plan on 7 July 2021.

2. Purpose and Effect of the Application: The purpose of Amendment No. 9 is to:

• Amend Schedule F of the Picton-Hallowell Urban Centre Secondary Plan from Service Area 3 to Service Area 1.

The effect of the amendment will be to:

• Facilitate the development of a residential subdivision on full services within the Picton-Hallowell Urban Area.

3. Location of the Affected Lands: The subject lands are located in western end of Picton. They are bordered by existing development that fronts onto Loyalist Parkway and the Picton Urban Area boundary (Sandy Hook Road).

The lands are located as identified on Schedule ‘1’, attached hereto and forming part of this Official Plan Amendment No. 9.

4. Legal Description The legal description of the lands is as follows:

• Part of Lots 19 and 20, Concession 3 Military Tract Parts 1, 3, 4, 5 & 6 47R591, Except Part 1 47R1920, Subject to an easement as in HW18082, Subject to HW18083; Ward 2 (Bloomfield/Hallowell), Former Township of Hallowell, Prince Edward County.
• 13437 Loyalist Parkway

5. Basis of the Amendment:

a) Existing Uses: Vacant Lands currently being used for agricultural purposes and are to be zoned for residential development.

b) Proposed Uses: Residential subdivision consisting of a mix of single detached homes and townhouses, together with new public streets and parkland dedication.

c) Designation and Zoning: (i) Secondary Plan Designation The subject lands are presently designated Urban Centre on Schedule ‘E’, Land Use Designations of the County Official Plan.

(ii) Zoning The subject lands are currently zoned the Rural 1 (RU1) Zone, and Rural 2 (RU2) Zone. The proposed development would rezone the lands to a Special Urban Residential Type 3 (R3-X) zones, and Special Open Space (OS) zones.

d) Surrounding Land Uses: The subject lands is surrounded by low density residential development to the north and east and south. The Millennium Trail and agricultural land to the west.

e) Agency and Public Comments:

• A Public Meeting on the proposed Official Plan Amendment (OPA No. 9) was conducted by the County’s Planning Committee on June 19, 2024.
• In consideration of OPA No. 9, the County of Prince Edward gave due regard to all comments received prior to and during the Public Meeting, the purpose and intent of the Official Plan and matters of Provincial interest. At its meeting of December 11, 2024, the County Council passed a motion recommending adoption of proposed OPA No. 9 by County Council.

f) Conformity to Policies of the Provincial Policy Statement:

• In accordance with Section 3 of the Planning Act … a decision of the council of a municipality … in respect of the exercise of any authority that affects a planning matter, “shall be consistent with” the Provincial Policy Statement. (PPS Policy 4.2)
• In 2024, the Province updated the PPS. Settlement Areas in the PPS are defined as cities, towns villages and hamlets. The subject lands are located in a settlement area.
• The 2024 PPS notes, land use patterns within settlement areas shall be based on a) densities and a mix of land uses which: 1 efficiently use land and resources; 2 are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3 minimize negative impacts to air quality and climate change, and promote energy efficiency; 4 support active transportation; and 5 are transit-supportive, where transit is planned, exists or may be developed . b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria of policy 1.1.3.3.
• Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.
• Municipal sewage services and municipal waters services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever possible.
• Based on the above, the proposed Official Plan Amendment is consistent with the 2024 Provincial Policy Statement.

g) Conformity to Policies of the County Official Plan:

• The County Official Plan is the local policy instrument that implements the Provincial Policy Statement. As such, it sets the policy framework within which development is to take place within Prince Edward County.
• The subject lands are situated within the Urban Centre designation (Picton) of the Official Plan. The Picton Hallowell Secondary Plan implements specific policies for the town of Picton. Within the Plan the subject lands are designated the Town Residential Area.
• The Picton Hallowell Secondary Plan outlines development policies for the Town Residential Area. It is anticipated that residential development within the Town Residential Area will result from the extension of existing neighbourhoods. The policies of this area permit all residential uses at all densities. Guiding principles look to support a diverse range of housing types at a range of residential densities, encourage the use of existing infrastructure, and support the intensification of existing neighbourhoods into surrounding undeveloped areas within the Urban Centre (Section 2.4)
• Based on the above, the proposed Official Plan Amendment in all respects conforms to the intent of the County of Prince Edward Official Plan.

6. Details of the Amendment:

1. Schedule ‘F’, Service Area Map of the Town of Picton is hereby amended by designating the lands “Service Area 1” as shown on Schedule ‘1’ attached to and forming part of this Amendment.

7. Implementation and Interpretation: The provisions of the Picton-Hallowell Secondary Plan, as amended from time to time, regarding the implementation and interpretation of the Plan shall apply in regard to this Amendment.

Schedule "1" 38 39

ATTACHMENT 2

THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. XXX-2024 A BY-LAW TO AMEND COUNTY COMPREHENSIVE ZONING BY-LAW NO. 1816-2006, AS AMENDED (Part of Lots 19 and 20, Concession 3 Military Tract, Ward of Bloomfield/Hallowell)

3. ORDERED BY THE ONTARIO LAND TRIBUNAL: THAT By-Law Number 1816-2006, as amended, is hereby amended by the addition of the following subsection 12.5 of Section 12 entitled “Special Urban Residential Type Three (R3) Zones” immediately after item 12.5.87 thereof:

Notwithstanding the provisions of this By-law to the contrary, within the R3-88 Zone the following provisions shall apply:

"R3-88" PERMITTED RESIDENTIAL USES

1. one single detached dwelling
2. one semi-detached dwelling
3. Townhouse
4. Back-to-Back Townhouse
5. Apartment
6. Additional units i. converted dwelling with a maximum of two dwelling units; ii. one second unit; or iii. one garden suite.
7. home business
8. private home day care 8 bed & breakfast establishment
9. uses, buildings and structures accessory to the foregoing permitted uses.

All other provisions of the R3 Zone and By-law No. 1816-2006, as amended, shall apply to the lands zoned R3-88.

4. THAT By-Law Number 1816-2006, as amended, is hereby amended by the addition of the following subsection 12.5 of Section 12 entitled “Special Urban Residential Type Three (R3) Zones” immediately after item 12.5.88 thereof:

"R3-89" Notwithstanding the provisions of this By-law to the contrary, within the R3-89 Zone the following provisions shall apply:

PERMITTED RESIDENTIAL USES

1. Retirement Home

All other provisions of the R3 Zone and By-law No. 1816-2006, as amended, shall apply to the lands zoned R3-89.

5. THAT Schedule “A6” for the Ward of Hallowell to By-law No. 1816-2006, as amended, is hereby amended by changing the zone category thereon from the Rural 1 (RU1) Zone, and Rural 2 (RU2) Zones to the Urban Residential Type 3 (R3-88), and (R3-89) Zones, and the Open Space (OS) zone in accordance with Schedule “1” attached hereto.

6. THAT Schedule '1' attached hereto forms part of this by-law.

7. THAT this by-law shall come into force and take effect pursuant to the provisions and regulations made under the Planning Act, R.S.O., 1990, c.P.13, as amended.

ORDERED by the Ontario Land Tribunal dated for Case Number OLT-25-000115.

Schedule “1” – Proposed Zoning Schedule 27

ATTACHMENT 3

PLAN DRAFT PLAN OF SUBDIVISION FILE NO. 13T-24-503

Plan of Subdivision - File No.:13T-21-503 & Z21-21 Owner: 1983353 Ontario Ltd Location: Part of Lots 19 and 20, Concession 3 Military Tract, Ward of Hallowell.

The Ontario Land Tribunal gives DRAFT APPROVAL to Subdivision File No. 13T-21-503/ OLT-25-000115 subject to conditions to final plan approval for registration that shall apply as follows:

LAND TRANSFER AND EASEMENTS

1. That the draft approval dated November 26, 2024, shall apply to the plan of subdivision as shown on Land Use Schedule prepared by Watson Land Surveyors, attached hereto and forming part of this decision, consisting of:

• Blocks 3 - 10 for Residential Development
• Lots 1-23 for Single Detached Dwellings
• Block 15 for a future Pump Station
• Block 1 for a Seniors Village
• Block 2 for Apartments and Townhomes
• Block 11 to be transferred to the municipality
• Blocks 13 for Environmental Protection
• Blocks 12 for Parkland
• Block 16 for Temporary Turn Around
• Blocks 17 and 18 for Reserves

2. The owner acknowledges that prior to formal agreements with the municipality, the boundaries of the lands subject to this Draft Plan Approval shall be subject to certification by an Ontario Land Surveyor.

3. Red-line revisions (minor) are authorized to be made to the satisfaction of the Municipal Engineer without further notice or service prior to finalization of the Plan.

4. All streets in the new plan shall be aligned as to coincide with those on the adjacent lands.

ZONING

5. Prior to final approval of the Plan, the appropriate rezoning of the entirety of the subject lands shall be in place with all avenues of appeal exhausted.

NOISE

6. Prior to development of those lands indicated on the Noise Study Area map attached as Schedule “A” hereto, the Owner will complete a noise and vibration study to the satisfaction of the County that ensures the development of those lands is compatible with the existing adjoining commercial area, including stationary and transportation sources. The noise and vibration study will recommend mitigation measures for noise reflection and to minimize and mitigate potential adverse effects from the commercial area. The subdivision agreement shall require the Owner to implement the noise mitigation measures as recommended by the noise and vibration study to the satisfaction of the County.

PHASING

7. This development may be registered in phases.

STANDARD CONDITIONS OF APPROVAL

8. Prior to Final Approval of the plan, the Owner and all encumbrancers (mortgagees) shall enter into a subdivision agreement with the Municipality, to address, as a minimum, the following: a) At the owner’s costs, services and facilities (inclusive of paved roads, tree-planting, street lights, and water) shall be designed and installed in accordance with the standards or specifications of the Municipality, generally in keeping with Ontario Provincial Standards. b) The Owner agrees to remit Development Charges and Connection Charges to the Municipality. c) Securities are to be deposited with the Municipality to ensure completion of the services and facilities. d) The owner shall provide detailed engineering drawings and cost estimates for the proposed site efforts. e) Engineering drawings shall show erosion mitigation measures, and tree keeping/clearing efforts, road profiles, driveway cross-sections, and sewer inverts. f) The owner shall provide evidence that satisfactory arrangements, financial and otherwise, have been made with the Canada Post Corporation for the installation of Community Mail Boxes as required by Canada Post Corporation for Municipal approval. g) Prior to the final approval of the plan, Canada Post, Hydro One Networks, Union, Gas, and Wireline Communications/Telecommunications Providers shall confirm that satisfactory arrangements, including any financial requirements and showing any required easements on the Plan, have been made for any community mail boxes, telecommunications and utility facilities servicing this plan of subdivision. h) Clearance of conditions is required from Quinte Conservation Authority. i) The installation of street name signs and traffic control signs/devices, as specified by the Municipality. j) LED street lights shall be installed in accordance with Municipal Standards with appropriate cut off measures to ensure light is directed downward and that achieve low light pollution, an aesthetic appearance, good energy efficiency and low operating costs as required by the Municipality. k) The Owner shall provide a grading and drainage plan for each lot and residential Block to the satisfaction of the Municipality in consultation with Quinte Conservation. l) The provision of dust management controls must be maintained during construction activities. m) Proof of insurance naming the Municipality as additionally insured. n) No building permits will be applied for or issued except for model homes in accordance with a subdivision agreement until the Municipality is satisfied that adequate road access, municipal water supply, hydro service, and storm drainage facilities are available to service the proposed development. o) The Owner shall agree that the Municipality is authorized to register the agreement against the lands to which it applies. p) The Owner shall agree to place Land Titles Act Section 118 or Section 119 restrictions on the title as may be advised by the Municipal Solicitor. q) Convey to the Municipality any easements, Blocks or Reserves on the plan, to the satisfaction of the Municipality. r) Stormwater management facilities and related fencing (if any), electrical sub-stations and other facilities and mechanical structures associated with servicing the draft approved plan shall be located and constructed to a high standard of visual aesthetics and enhanced by a landscape plan as specified by the Municipality. s) The subdivision agreement shall include a haul/construction route be mapped out which directs all traffic related to the development of the proposed subdivision to arterial roads to the satisfaction of the Director of Development Services. A parking strategy be mapped that provides onsite parking for staff and equipment to the satisfaction of the Director of Development Services. t) The owner shall provide a landscape plan with one tree per lot. In the case of a corner lot one tree shall be planted along each frontage as a minimum to satisfactory to the Municipality. The landscape plan shall be prepared by a Landscape Architect licensed in the Province of Ontario. u) The landscape plan shall included enhancements to the Millenium Trail corridor to the satisfaction of the municipality. v) The owner agrees to install where necessary temporary construction fencing may be required during construction to separate the construction area from abutting residential parcels to the satisfaction of the Municipal Engineer. w) The Municipal peer review and administrative costs shall be paid in full. x) The Owner prior to the execution of a Subdivision Agreement shall pay in full any outstanding taxes, local improvement or development review charges for the subject subdivision lands. y) The owner limits rock breaking and any approved blasting from 9AM to 5PM Monday to Friday. z) The Developer shall provide detailed engineering drawings showing grading that make it evident that the proposed grades and swales are consistent with the catchment plan. aa) The development shall be fully integrated (streets, open space, etc.) with the Cold Creek development to the east. The extent of integration shall be to the satisfaction of the Director of Development Services. bb) All residential blocks on the draft plan of subdivision shall be subject to site plan control. cc) The owner shall provide a geotechnical study to the satisfaction of the Director of Development Services.

HYDROGEOLOGY

9. Prior to final approval, the Owner shall complete a hydrogeological study in accordance with the Work Plan prepared by Malroz Engineering Incorporated dated December 9, 2025 to the satisfaction of the Director of Development Services. The subdivision agreement shall require the Owner to implement any recommendations and/or mitigation measures resulting from the hydrogeological study to the satisfaction of the County.

10. Prior to any construction activities including site alteration occurring on the subdivision lands, the Owner shall: a) evaluate the need for an Environmental Activity and Sector Registry or Permit To Take Water, and if required, apply for them in accordance with the applicable requirements at the time of application; b) conduct a baseline well water survey of nearby non-municipally serviced residential water well users in accordance with the Work Plan prepared by Malroz Engineering Incorporated dated December 9, 2025, to the satisfaction of the Director of Development Services. The Owner shall implement any recommendations resulting from the well water survey; and c) conduct a construction phase groundwater monitoring program for the first three (3) years of construction in accordance with the Work Plan prepared by Malroz Engineering Incorporated dated December 9, 2025, to the satisfaction of the Director of Development Services. The Owner shall implement any recommendations resulting from the groundwater monitoring program and shall prepare and provide an annual summary report of the data to the Director of Development Services.

The above conditions shall be incorporated into the subdivision agreement to the satisfaction of the County.

WATER AND SANITARY SERVICES

11. The Owner agrees that prior to any site alteration or final approval, unless otherwise approved by the Municipality, the Owner shall submit a Full Servicing Report prepared by a qualified Professional Engineer, to the satisfaction of the Director of Development Services.

12. The owner acknowledges that no site alteration is to take place unless there is a pre-servicing agreement in place or until Final Approval has been granted.

13. Prior to Final Approval the site shall be identified to be within Service Area 1 on Schedule F of the Picton Urban Area Secondary Plan.

14. The Owner shall agree in the Subdivision Agreement to carry out the recommendations contained in the approved Full Servicing Report.

15. The Owner agrees that the water booster station and sanitary pumping station shall be located, designed and installed in coordination with the Cold Creek project to the east. The Pump Station shall be consistent with the Picton Master Servicing Plan, to the satisfaction of the Director of Development Services.

16. The Owner agrees that water and waste water capacity allocation shall only be assigned in accordance with Municipal Policy EV800.

STORMWATER MANAGEMENT

17. The Owner agrees to design and construct stormwater infrastructure in accordance with the recommendations of the Functional Servicing Report, recommendations of the municipal peer review, and the approved final stormwater management plan/report.

18. The Owner shall prepare a sediment and erosion control plan in conjunction with a stormwater management plan prior to final approval.

19. Prior to registration, the Owner shall prepare a Low Impact Design Manual that would provide guidance and best management practices to future landowners.

20. The Owner shall agree in the Subdivision Agreement that Blocks to be further developed through Site Plan Control shall incorporate the following where possible:

• Low impact development (LID) measures designed to manage stormwater as close to its source as possible. For example, measures could include: infiltration islands in parking areas; use of permeable pavements; green roofs; biofiltration swales; rain gardens; cisterns and rain barrels; and compact development;

21. The Owner shall agree in the Subdivision Agreement to convey all stormwater management pond block(s) to the Municipality, at no cost, free and clear of encumbrances.

ARCHITECTURAL CONTROL/URBAN DESIGN, TREE PLANTING

22. That the owner shall provide a Tree Preservation, Management and Planting Report prepared by a Qualified Individual in accordance with the Municipality's Tree Management and Preservation Policy and implement its findings to the satisfaction of the Director of Development Services.

PARKLAND, OPEN SPACE and ENVIRONMENTAL PROTECTION

23. The Owner agrees that the Parkland Blocks are to be designed to the satisfaction of the Municipality.

24. The Owner agrees that prior to assumption by the Municipality, the Park Block is designed and constructed to a form and location to the satisfaction of the Director of Development Services. Lands that are comprised of steep slopes, environmental areas, or hazards do not account for the required 5 percent of parkland. Any remaining parkland requirement shall be provided through cash or cheque as cash-in-lieu of parkland dedication contribution.

25. The owner agrees to complete a landscape plan for the park blocks. The landscape plan shall be prepared by a Landscape Architect licensed in the Province of Ontario.

26. Block 13 (Environmental Protection) shall be assumed by the municipality, or an appropriate public authority.

27. Prior to registration all recommendations of the Environmental Impact Study and any subsequent addendums have been incorporated into the final design and noted in the Subdivision Agreement to the satisfaction of the municipality.

TRANSPORTATION AND ROADS

28. Prior to final approval, the Owner shall submit a Traffic Brief prepared by a qualified Professional Engineer, to the satisfaction of the Municipality. Traffic Briefs may be completed on a phased basis.

29. That the extension of streets shall be constructed to an urban standard to the satisfaction of the Director of Development Services.

30. The Owner agrees to remove, at their cost, any existing road turnaround (if applicable) as well as all of the associated construction debris.

31. The Owner agrees that prior to final approval of the plan, all proposed streets shall be named to the satisfaction of the Municipality and shall be shown on the final approved plans. Civic addresses for each dwelling unit shall be established and installed on each lot.

32. The Owner shall provide a cross section illustrating the interface between the Millennium Trail and the proposed development.

33. The extension of the municipal road network to support phases beyond Phase 1 shall be to the satisfaction of the Municipality.

STREET LIGHTS

34. The Owner agrees that street lights shall be installed in locations approved by the Municipality. A full street light design is required to provide a photometric lighting plan for review and approval by the municipality.

ARCHEOLOGY

35. A Stage 1-2 Archaeological Study was completed and accepted by the Ministry of Tourism, Culture, and Sport. If further archaeological assessment is required, it is to be completed in consultation with Indigenous communities.

UTILITIES

36. The Owner shall agree in the Subdivision Agreement to prepare and submit an overall utility coordination plan showing the location of all required utilities, including on-site drainage facilities, streetscaping, and community mailboxes – such location plan shall be prepared to the satisfaction of the applicable authority in accordance with the requirements of those utility providers (including: natural gas, hydro, and telecommunications service providers) that will conduct works within the subdivision.

37. The Owner agrees that utilities shall be buried. Engineering design may be required beyond typical construction standards to address infiltration or aggregate segregation from the high-water table or frost heaving.

38. The Owner agrees that prior to Final Approval of the plan by the Municipality, the Municipality shall be advised by the Natural Gas provider how applicable Conditions have been met.

39. The Owners agree that prior to Final Approval of the plan approval by the Municipality, the Municipality shall be advised by the Wireline Communication/Telecommunication providers how applicable Conditions have been met.

40. The Owner agrees that prior to Final approval of the planby the Municipality, the Municipality shall be advised by Hydro One how Conditions have been met.

41. The Owner covenants and agrees to provide, prior to the commencement of any work within the subdivision lands and to the satisfaction of the Director of Development Services, confirmation from one or more communications/telecommunications service providers that sufficient facilities for wireline and/or fibre optic high-speed access communication/telecommunication services is available or will be made available to each residential lot or block within the subdivision lands. Communications/telecommunications services and facilities may be provided by one or more providers of wholesale high speed access services (e.g. Bell Canada, Eastlink) or other high-speed access service providers leasing wholesale services pursuant to Telecom Regulatory Policy CRTC 2015-326, as amended, or any successor policy thereto, but the services and facilities shall, at a minimum, be emergency services (911) compatible.

42. The Owner covenants and agrees: a) to grant any easements that may be required for communication/telecommunication services. Such easements shall be required subject to final servicing decisions. In the event of any conflict with existing facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements, all to the satisfaction of the communications/telecommunications facilities provider(s). The Owner acknowledges and agrees that easements may be required subject to final servicing decisions and that in the event of any conflict with existing telecommunications facilities or easements the Owner shall be responsible for the relocations of such facilities or easements; and, b) provide one or more conduit or conduits of sufficient size from each dwelling unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the communications/telecommunication facilities are located to the street line, to the satisfaction of the communication/telecommunications facilities provider(s).

43. Prior to Final Approval of the plan, the Owner shall provide an underground electrical power servicing plan to the satisfaction of Hydro One Networks, including: a. A copy of the lot grading and drainage plan, showing existing and final grades for review and final approval, if required. b. Any development in conjunction with the lease approval must not block vehicular access to any Hydro One facilities located on the right-of-way. During construction, there will be no storage of materials or mounding of earth or other debris on the right-of-way. No buildings or permanent structures of any kind may be located within the existing easement. c. The costs of any locations or revisions to Hydro One Networks facilities that are necessary to accommodate this subdivision will be borne by the developer. d. The easements of Hydro One Networks and its legal predecessors are to be protected and maintained.

CANADA POST

44. The Owner agrees that prior to Final Approval of the plan Canada Post shall confirm that satisfactory arrangements, including any financial requirements and showing any required easements on the Plan, have been made for any community mail boxes servicing this plan of subdivision.

CONSTRUCTION WORKS

45. Prior to the commencement of any works on the subject lands, including but not limited to site alteration activities, the owner shall first receive approval for any and all proposed haul routes. In attaining such approval, the owner shall submit its proposed haul route(s) to and from the subject lands, to the Municipality for review, following which, the Municipality will make any changes and/or add restrictions and/or conditions it deems necessary as part of its approval.

M-PLAN

46. A digital copy of the survey of the plan and all reference plans shall be submitted in a format satisfactory to the GIS Supervisor of the Municipality.

47. The final plan approved by the Municipality must be registered within 30 days or the Municipality may withdraw approval under subsection 51(21) of The Planning Act, R.S.O. 1990.

NOTES TO DRAFT APPROVAL

48. This Draft Plan approval will lapse three years from the date of approval of the Draft Plan as ordered by the Ontario Land Tribunal, unless an extension is applied for by the owner and subsequently approved by the Municipality.

49. The Owner is responsible to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Municipality prior to the final lapsing date, quoting the application File Number 13T-21-503. The conditions of draft approval may be reviewed periodically and may be amended by the Municipality at any time prior to final approval.

50. If Final Approval is not given to this plan prior to its lapsing date, and no extension has been granted, the draft approval shall lapse. If the Owner wishes to request an extension to draft approval, a written explanation, together with a resolution from the Municipality, must be received by the Municipality 60-days prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. If the Owner is undertaking expeditious advancement of the draft approval to the plan, a request for an extension will not be unreasonably withheld.

51. The Planning Act, R.S.O. 1990, c. P.13, as amended, provides that draft approval may be withdrawn at any time prior to final approval.

52. At any time prior to final approval of this plan of subdivision, the municipality may amend, delete, or add to the conditions and this may include the need for amended or new studies.

53. The owner shall pay any outstanding taxes owing to the municipality prior to registration.

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

55. A copy of the conditions of draft approval and notes thereto should be submitted to the local Land Titles Registry office to ensure priority review of the related approval. For additional information on this process, please contact the Land Registrar at:

Service Ontario Prince Edward County 1 Pitt St Picton, ON K0K 2T0 613-476-3219

SCHEDULE “A” to CONDITIONS OF DRAFT APPROVAL NOISE MAP