Special Council Meeting Will Address Essential and Time Sensitive Items

Town of Whitchurch-Stouffville Special Council Agenda Tuesday March 24, 2020 10:00 AM

Council Chambers 111 SANDIFORD DRIVE

This Special Council Meeting will address essential and time sensitive items. As the Municipal Offices (111 Sandiford Drive) are now closed to the public, residents may listen to the meeting live online at townofws.ca/cmlivestream. Please note that the audio link will be available 5 minutes before the meeting is expected to start.

Residents who wish to submit comments, which will form part of the public record, may write to the Town Clerk at [email protected].

In addition to the items to be discussed, Mayor Iain Lovatt will be making a statement regarding the current COVID-19 situation.

Follow all council meetings on Whitchurch-Stouffville’s official council Twitter account @ws_townhall.

Chair: Mayor Lovatt Page

1. Call to Order

2. Roll Call

7 1. Due to provincial direction Council are required to amend the Procedural By-law to facilitate electronic participation for members in a Council meeting.

2020-027-RE BEING A BY-LAW to amend Procedural By-law 2016- 001-RE being a by-law to govern the proceedings of Council Meetings (Electronic Participation)

3. Roll Call

4. Confirmation of Agenda

1. To confirm the agenda

That Council confirm the agenda, as circulated.

Council Agenda March 24, 2020

5. Declarations of Pecuniary Interest

6. Consideration of Items

8 - 15 1. Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards

1) That Council receive the Report No. FTS-007-20 for information.

16 - 47 2. Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law Amendment - LivGreen Main Street Inc., 5917 Main Street (File Nos. OPA19.001 and ZBA19.001) (D09 and D14)

1) That Council confirm that, notwithstanding that the proposed Zoning By-Law Amendment is different from the one proposed at the October 22, 2019 Statutory Public Meeting, the revisions are minor in nature and that no further Statutory Public Meeting is required in accordance with Section 34(17) of the Planning Act; and

2) That Council enact By-law 2020-025-OP to adopt Official Plan Amendment 148 and direct staff to issue a Notice of Adoption; and

3) That Council enact By-Law No. 2020-026-ZO being a By-Law to amend Comprehensive Zoning By-Law 2010-001-ZO by applying a site-specific zone and provision to the subject property and direct staff to issue a Notice of Passing; and

4) That Council approve the Applicant’s request for the Class 4 Noise Classification for the subject property, in accordance with the Ministry of Environment and Climate Change (MOECC) NPC-300 Guidelines; and

5) That Council allocate the equivalent of 201 persons attributable to the site having 91 residential apartment type units of sanitary sewer/water capacity to the proposed development for 5917 Main Street.

48 - 102 3. Report No. DS-011-20 Request for Extension of Draft Plan Approvals 2036737 Ontario Inc. & 2022988 Ontario Inc. (Bloomington) File Nos. 19T-83015 & 19T-86101

1) That Council extend Draft Plan Approval for Subdivision File No. 19T-83015 for a period of one year, with a revised lapsing date of March 24, 2021 and direct staff to amend the Conditions of Draft Approval dated April 4, 2017 with the attached Schedule of Conditions of Draft Approval revised March 24, 2020; and

Page 2 of 135 Council Agenda March 24, 2020

2) That Council extend Draft Plan Approval for Subdivision File No. 19T-86101 for a period of one year, with a revised lapsing date of March 24, 2021 and direct staff to amend the Conditions of Draft Approval dated April 4, 2017 with the attached Schedule of Conditions of Draft Approval revised March 24, 2020.

103 - 119 4. Report No. DS-012-20 Developer Led Roads Environmental Assessment for the Phase 3 Lands

1) That Council direct staff to participate in the road environmental assessment project as a co-proponent.

120 - 122 5. Report No. DS-013-20 Minutes of Settlement: Appeals of Official Plan and Zoning By-law Amendment for Mon Sheong Foundation, 162 & 176 Sandiford Drive (File Nos. OPA19.004 and ZBA19.010)

1) That Council retroactively recognize the execution by the Deputy CAO, in the absence of the Chief Administrative Officer, of the Minutes of Settlement regarding the appeals of Official Plan and Zoning By-law Amendment for Mon Sheong Foundation, 162 & 176 Sandiford Drive (File Nos. OPA19.004 and ZBA19.010).

7. Resolutions from Council

123 1. Resolution from Councillor Sherban, re: Huron-Wendat Interpretive Centre

WHEREAS on September 24, 2019 Council endorsed a Concept Proposal for a Huron-Wendat Interpretive Centre commemorating the Jean-Baptiste Laine Site; and

WHEREAS Council adopted in principle the concept, vision, and a location proposed for an Interpretive Centre for the Jean-Baptiste Laine Site; and

WHEREAS members of the community are requesting the town to provide alternative options for possible locations.

NOW THEREFORE BE IT RESOLVED THAT Council direct Staff to investigate other viable locations, hold public information sessions for community input on location options and report back to council with a recommended location by September 2020.

Page 3 of 135 Council Agenda March 24, 2020

124 - 125 2. Resolution from Mayor Lovatt, re: Provincially Stranded Assets in York Region

WHEREAS GO rail services and 400-series highways are amongst the most significant infrastructure to support growth & competitiveness in York Region; and

WHEREAS Provincial policies encourage future mixed uses development in Strategic Growth Areas and support employment growth along highways; and

WHEREAS there are major opportunities for transit-oriented development for York Region, specifically for the Town of Whitchurch-Stouffville and the City of Richmond Hill with the opening of Gormley and Bloomington GO stations by the Highway 404 lands; and

WHEREAS a significant amount of lands near Gormley & Bloomington GO stations and along the Highway 404 are designated “countryside” and protected mainly for agricultural uses; and

WHEREAS much of the lands protected for agricultural uses near the GO stations are no longer viable for normal farm operations; and

WHEREAS overly protecting lands from development suppresses York Region’s competitive opportunity in the GTHA and restricts Provincial investments and significant economic development opportunities; and

WHEREAS there is an apparent need to further assess the lands surrounding all Provincially Stranded Assets in York Region to determine their best uses; and

WHEREAS Whitchurch-Stouffville Council resolved on December 11, 2018 requesting the Province to consider some of the stranded lands in the Highway 404 corridor Provincially Significant Employment Zone; and

WHEREAS the City of Richmond Hill Council at its meeting on February 26, 2020 also directed staff to review the current land use designation near the Gormley GO station and along the Highway 404 corridor for future development; and

WHEREAS York Region Council at its meeting on March 21, 2019, unanimously passed a resolution to support Whitchurch-Stouffville’s position for the Highway 404 corridor lands; and

Page 4 of 135 Council Agenda March 24, 2020

WHEREAS growing employment opportunities, attracting people and businesses, and increasing access to efficient transportation options are the objectives of the current York Region Council to increase economic prosperity; and

WHEREAS only the Minister of Municipal Affairs and Housing can decide on a change of use for the stranded lands.

NOW THEREFORE BE IT RESOLVED THAT Council request York Region Council to direct York Region staff to identify all Provincially Stranded Assets in the Region and report back on the competitive benefits to the Region and local municipalities if land designations were to be changed in the future; and

THAT Council request York Region to formally request the Province to re-designate lands at the Gormley and Bloomington GO stations on both sides of the Highway 404 corridor from “countryside” to “urban settlement area”; and

THAT Council request York Region Council to ask the Minister of Municipal Affairs and Housing to permit the new land use designations within the applicable Provincial plans; and

THAT this Council resolution be forwarded to York Region’s Council, York Regional Council, York Regional MPP’s, the Minister of Municipal Affairs and Housing & the Premier for their information.

8. By-laws

126 - 132 1. 2020-025-OP BEING A BY-LAW to adopt Official Plan Amendment No. 148 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the area municipality of The Corporation of the Town of Whitchurch-Stouffville (5917 Main Street) (Report No. DS-010-20)

133 - 135 2. 2020-026-ZO BEING A BY-LAW to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 5917 Main Street (Report No. DS-010-20)

Page 5 of 135 Council Agenda March 24, 2020

9. Resolution to Hold a Closed Meeting

1. To recess into a Closed Meeting

That Council recess to permit the holding of a Closed Meeting in the Whitchurch Room to consider matters with the following exceptions:

• Personal matters about an identifiable individual, including municipal or local board employees (Municipal Act, Sec. 239(2)(b)); and • A proposed or pending acquisition or disposition of land for municipal or local board purposes (Municipal Act, Sec. 239(2)(c)).

10. Items Arising from a Closed Meeting

11. Confirmatory By-law

1. To pass the Confirmatory By-law

That Council read Confirmatory By-law 2020-___-MS a first, second, third time and passed.

12. Adjournment

1. To adjourn the meeting

That there being no further business, Council adjourn the meeting at ___ p.m.

Page 6 of 135

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2020-027-RE

BEING A BY-LAW to amend Procedural By-law 2016-001-RE being a by-law to govern the proceedings of Council Meetings (Electronic Participation)

WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25 (Act,) provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of Meetings; and

WHEREAS Section 238(3.1) of the Act, provides that the procedure by-law may provide that a member of council can participate electronically in a meeting which is open to the public; and

WHEREAS Section 238(3.3) of the Act, provides that where an emergency has been declared to exist in all or part of the municipality, a member of a council who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time and can participate electronically in a meeting that is closed to the public; and

WHEREAS Council enacted by-law 2016-001-RE, as amended, being a by-law to govern the proceedings of Council Meetings.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. That Council amends Procedural By-law 2016-001-RE, as amended, to authorize electronic participation of members of council subject to Section 238(3.1) Electronic Participation, and Section 238(3.3) Electronic Participation, Emergencies of the Act.

READ a first and second time this 24th day of March, 2020.

READ a third time and passed this 24th day of March, 2020.

Iain Lovatt, Mayor

Gillian Angus-Traill, Clerk

Due to provincial direction Council are required to amend the Procedural... Page 7 of 135

Town of Whitchurch-Stouffville Council Report Item 1

Subject: 2019 Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards

Staff Report No. FTS-007-20

Department: Finance & Technology Services

Date: March 24, 2020

Recommendation:

1) That Council receive the Report No. FTS-007-20 for information.

1. Purpose:

The purpose of this report is to comply with statutory and disclosure requirements of Section 284(1) of the Municipal Act, 2001, S.O.2001, in respect of the 2019 remuneration and expenses paid to members of Council and its Committees and Local Boards.

2. Executive Summary:

The reporting of compensation for members of Council and committees is legislated per the Municipal Act, 2001. This report and attachments summarize remuneration and compensation for members of Council, members of the Committee of Adjustment; the Appeals Committee and the Joint Compliance Audit Committee.

Sharing this information on an annual basis aligns with our commitment to operating as an open and transparent organization and satisfies our obligation as a municipality to disclose this information, as set out in the Municipal Act.

Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...Page 8 of 135 Council Report March 24, 2020

3. Background:

Section 284(1) of the Municipal Act, 2001 requires that:

“The Treasurer of each municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to:

a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council;

b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause a); and

c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her service as a member of the body.”

Section 284(2) of the Municipal Act requires that the statement identify the By-law under which the remuneration or expenses were authorized to be paid.

Accordingly, the attached itemized statement is submitted disclosing remuneration and expenses for each member of Council and appointed member of the Town’s Committees for the year ended December 31, 2019.

4. Analysis and Options:

There is no prescribed or regulated format for the prescribed disclosure statement. For continuity, the format used in this report is similar to those used in the past several years.

4.1 Remuneration and Expenses paid to Members of Council

The annual Statement of Remuneration and Expenses summarizes the remuneration and expenses paid to Members of Council in 2019.

Salary and Car Allowance

Remuneration and car allowance are paid to Mayor and Councillors in accordance with By-Law No. 2019-039-EM. Additionally, the budgets for such were included in the 2019 Operating Budget.

Page 2 of 4

Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...Page 9 of 135 Council Report March 24, 2020

Statement includes the remuneration paid to the Town of Whitchurch-Stouffville’s Regional Councillor (Mayor) on behalf of the Regional Municipality of York under the terms of a Joint Service Agreement.

Retirement Allowance

Retirement allowance is paid to any member of Council who ceases to be a member of Council in accordance to By-law No. 2002-91-EM.

Total Benefits

Benefits paid to the Members of Council include the employer’s share of statutory deductions, group (health and dental) and pension benefits.

Stipend

Stipend is paid to any member of Council who is appointed as the Town of Whitchurch- Stouffville's Alternate Member of Regional Council for in accordance to By-law No. 2018- 160-AP.

Expenses

In accordance with Administrative Procedure No. 54, as an aggregate total, Mayor and Councillors may spend up to the limit of the approved budget for Council public relations account for newsletters, conferences/seminars, etc., relevant to their responsibility as a Member of Council, at their own discretion. These expenses may be paid by the member and reimbursed by the Town or paid directly by the Town on behalf of the member. Although the Act requires only the amounts reimbursed to the members to be disclosed, for continuity and completeness purposes we have included the total public relations expenses.

4.2 Remuneration and Expenses paid to Appointed Members of Committees and Local Boards

Attachment #2 includes remuneration and expenses paid to any appointed member of a Committee of Council or a Local Board in respect of their services as a member of a Committee or Board.

By-law No 2019-026-RE provides authorization for payments to the members of the 2018-2022 Committee of Adjustment and Appeals Committee. By-law No 2018-061-RE provides authorization for payments to the members of the 2018- 2022 Joint Compliance Audit Committee.

Page 3 of 4

Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...Page 10 of 135 Council Report March 24, 2020

5. Financial Implications:

All 2019 Council, Committee and Board members’ remuneration and expenses have been incurred in accordance with Town by-laws and policies and were within the approved 2019 operating budget.

6. Alignment with Strategic Plan:

Service Excellence

Supporting a collaborative, timely, customer-focused approach to operations that enhances efficiency, effectiveness, and customer satisfaction.

• Creating a positive culture, with sense of accountability and empowerment • Create service-driven policies and procedures / streamline processes

7. Attachments:

Attachment 1 - Statement of Remuneration and Expenses for Mayor and Council for the year ended December 31, 2019.

Attachment 2 - Statement of Remuneration and Expenses for the Appointed Members of Committees and Boards for the year ended December 31, 2019.

8. Related Reports:

None

Author: Andrijana Mojsoska, Financial Analyst Clayton Pereira, Manager of Budgets and Financial Planning

For further information on this report, please contact the Department Head: Brian Parrott, Director of Finance and Technology Services / Treasurer at 905-640-1910 or 1- 855-642-8697 ext. 2243 or via email at [email protected]

Page 4 of 4

Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...Page 11 of 135 Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...

Attachment 1 - FTS-007-20

STATEMENT OF REMUNERATION AND EXPENSES FOR THE MAYOR AND COUNCIL FOR THE YEAR ENDED DECEMBER 31, 2019

PUBLIC 2018-2022 COUNCIL CAR TOTAL SALARY ¹ STIPEND ¹ RELATIONS TOTAL TERM ALLOWANCE ¹ BENEFITS ¹ EXPENSES 4

Mayor I. Lovatt $152,560.53 ² $9,000.00 $32,889.36 ³ $0.00 $19,611.73 $214,061.62 Councillor K. $46,991.04 $9,000.00 $12,521.68 $1,000.00 $2,867.51 $72,380.23 Ferdinands Councillor M. Smith $46,991.08 $9,000.00 $12,521.44 $0.00 $3,572.85 $72,085.37

Councillor H. Kroon $46,991.04 $9,000.00 $15,423.34 $0.00 $3,205.53 $74,619.91

Councillor R. Upton $46,991.04 $9,000.00 $15,423.34 $0.00 $4,567.44 $75,981.82

Councillor R. Bartley $46,991.04 $9,000.00 $15,423.34 $0.00 $2,073.93 $73,488.31

Councillor S. Sherban $46,991.04 $9,000.00 $15,423.34 $0.00 $4,954.74 $76,369.12 ¹ Remuneration is paid in accordance with By-Law No. 2019-039-EM; Stipend is paid in accordance with By-law No. 2018- 160AP Page 12 of 135 ² Mayor’s Salary Town portion is $94,641.60 and Region portion is $57,918.93

³ Mayor’s Benefits Town portion is $22,233.05 and Region portion is $10,656.31

4 Includes expenses from the approved public relations budget

Page 1 of 1 Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...

Attachment 2 - FTS-007-20

STATEMENT OF REMUNERATION AND EXPENSES FOR THE APPOINTED MEMBERS OF COMMITTEES AND BOARDS FOR THE YEAR ENDED DECEMBER 31, 2019

Payments to Members of the Committee of Adjustment OTHER EXPENSES By-Law 2019-026-RE REMUNERATION TOTAL REIMBURSED

Joanne Burnett $1,040.00 $201.50 $1,241.50

Lori Doner Jones $960.00 $0.00 $960.00

Wilf Morley $400.00 $77.11 $477.11

Thomas Winters $240.00 $0.00 $240.00

Page 13 of 135 Ken Wilson $1,040.00 $190.85 $1,230.85

Dean Horner $560.00 $0.00 $560.00

Carin Bacher $560.00 $0.00 $560.00

Page 1 of 3 Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...

Attachment 2 - FTS-007-20

Payments to Members of the Appeals Committee OTHER EXPENSES By-Law 2019-026-RE REMUNERATION TOTAL REIMBURSED

Shaen Armstrong $240.00 $0.00 $240.00

Erik Gordon $80.00 $0.00 $80.00

Carin Bacher $400.00 $0.00 $400.00

Ken Murphy $160.00 $0.00 $160.00

Dean Horner $160.00 $0.00 $160.00

Ken Wilson $160.00 $0.00 $160.00

Joanne Burnett $160.00 $0.00 $160.00

Lori Doner Jones $160.00 $0.00 $160.00

Page 14 of 135

Page 2 of 3 Report No. FTS-007-20 2019 Statement of Remuneration and Expenses for Me...

Attachment 2 - FTS-007-20

Payments to Members of the Joint Compliance Audit Committee OTHER By-Law 2018-061-RE REMUNERATION EXPENSES TOTAL REIMBURSED

Paul Jones $350.00 $40.70 $390.70

Ron Colucci $1,050.00 $363.00 $1,413.00

Mark Gannage $1,050.00 $148.50 $1,198.50

Vince Scaramuzza $700.00 $151.80 $851.80

Terrance Alderson $1,050.00 $89.10 $1,139.10

Page 15 of 135

Page 3 of 3

Town of Whitchurch-Stouffville Council Report Item 2

Subject: Proposed Official Plan Amendment and Zoning By-law Amendment - LivGreen Main Street Inc., 5917 Main Street (File Nos. OPA19.001 and ZBA19.001) (D09 and D14)

Staff Report No. DS-010-20

Department: Development Services

Date: March 24, 2020

Recommendation:

2) That Council enact By-law 2020-025-OP to adopt Official Plan Amendment 148 and direct staff to issue a Notice of Adoption; and

1. Purpose:

The purpose of this report is to provide Mayor and Council with a recommendation on the proposed Official Plan Amendment and Zoning By-Law Amendment applications, submitted by Livgreen Main Street Inc. (“Applicant”) to allow the proposed development

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 16 of 135 Council Report March 24, 2020

of a mixed-use building with a total of 91 residential units and 387 square meters of commercial space.

2. Executive Summary:

The Town received applications for an Official Plan Amendment (OPA 19.001) and Zoning By-Law Amendment (ZBA 19.001) in March of 2019 for the property located at 5917 Main Street. The Applicant is proposing to develop an eight (8)-storey building which comprises of a total of 91 residential units and 387 square meters of commercial space on the ground floor. This report assesses the planning merits and confirms technical aspects of the development as they pertain to the requested amendments to the Official Plan policies and Zoning By-law regulations.

Town Staff are of the opinion that the proposed development is appropriate for the Western Approach – Mixed Use Area neighborhood and the surrounding community, conforms to the policies of the Provincial Policy Statement (2014), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and the York Region Official Plan, and represents good planning.

3. Background:

3.1 Location

The subject property is legally described as parts 4, 5, 6, 8, 9, 11, 12, 13, 14 & 15 on Plan 65R-33241 and is municipally known as 5917 Main Street (Attachment 1), within the community of Stouffville. The subject property has a lot frontage of 53.0 metres (173 feet) along Weldon Road and a lot area of 0.39 ha (0.96 acres).

The property previously contained a small commercial plaza with a range of uses including professional offices and restaurants. In addition, the property has historically operated as a gas bar which was situated along the Main Street frontage.

3.2 Surrounding Land Uses

Below is a description of the adjacent land uses.

North – A multi-unit commercial plaza on the north side of Main Street.

East – A vacant site at 5945 Main Street and a proposal for a 7-storey apartment building at 5991 Main Street.

South – An existing car wash immediately to the south, which abuts the Parkview Nursing Home Complex to the south of the car wash. Parkview Nursing Home Complex has both institutional and residential uses.

West – An existing commercial property comprising of a financial institution, restaurant, and grocery store on the opposite side of Weldon Road.

Page 2 of 18

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3.3 Development Proposal

The development proposal for the subject property includes an 8-storey, 11,391.87 square meters residential building comprising of 91 residential units and 387 square meters of commercial space on the ground floor. A total of 149 parking spaces for the proposed development would be provided at grade and in two levels of underground parking. A Site Plan Control Agreement Application (SPA) is being reviewed by staff concurrently with the applications for OPA and rezoning (Attachment 2).

The proposed site design includes two entry/egress access points for the proposed development off of Main Street Weldon Road. Both the Main Street and Weldon Road accesses are subject to access easements in favour of 33 Weldon Road (Main Street and Weldon Road) and 5945 Main Street (Main Street access only).

The proposed residential unit breakdown is comprised of 1-bedroom, 2-bedroom, 2- bedroom plus den and 3-bedroom apartment units on floors 2 to 8. The following table (Table 1) provides the breakdown of the type and number of units proposed. Table 1

The ground floor of the development is proposed to include 387 square meter gross floor area divided between three units, as well as the required indoor amenity spaces for the building’s residents (Figure 1).

Figure 1

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The proposed commercial units have separate, dedicated entrances from the eastern side of the proposed building. The units can also be accessed via at-grade entrances from the pedestrian sidewalk on Main Street.

Elevation drawings have also been submitted with the applications that illustrate the proposed built form and its contribution to the streetscape along Main Street. Further refinements may be made to the cladding materials, colours, architectural details, etc. through the Site Plan control agreement application process (Figure 2).

Figure 2

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The Applicant has been working with Town Staff to ensure that the proposed building incorporates a scale, architectural style and cladding materials that would complement the heritage style and character of Stouffville, while achieving intensification and density targets as mandated by the Provincial Growth Plan and Regional Official Plan policies.

3.4 Proposed Official Plan Amendment

The property is designated as Western Approach-Mixed Use Area in the Community of Stouffville Secondary Plan. An Official Plan Amendment application (OPA 19.001) has been submitted to establish site-specific policies for the proposed development.

The proposed OPA application requests amendments to four policies in Section 12.8.18.3 of the Official Plan as listed in the following table (Table 2).

Table 2

OP Section Required Proposed 12.7.18.3 iv) A minimum of 4.5 meters of A minimum of 1.3 meters of a) landscaped area between landscaped area between the road the road allowance right-of- allowance right-of-way and the way and the adjacent adjacent parking lot parking lot and/or internal travel aisles 12.7.18.3 ix) A minimum floor space A maximum floor space index of 2.9 is index of 0.5 and a maximum permitted floor space index of 2.0 12.7.18.3 xiii) Where a mixed use or A minimum of 387 square meters of residential development is commercial gross floor area on the proposed in combination ground floor is required with retail/commercial uses, a minimum of 30% up to a maximum of 60% of the land area shall be provided in the form of residential development 12.7.18.3 xv) Residential development A maximum residential density of 230 shall be a minimum density units per net hectare equivalent to 30 units per net hectare and shall not exceed a density equivalent to 120 units per net hectare

The proposed development generally conforms to all other policies of the Official Plan. The draft OPA and the bylaw to adopt the OPA are provided as Attachment 3 and 4 to this report.

Page 5 of 18

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3.5 Proposed Zoning By-Law Amendment

The property is currently zoned Commercial Residential Mixed - Western Approach (CM2) Exception 5 [CM(2)5].

A Zoning By-Law Amendment application (ZBA 19.001) has been submitted for the subject property to create site-specific provisions within the CM2 zone to permit the proposed development. Table 3 includes the applicable CM2 zone regulations and the proposed amendments.

Table 3

Applicable Regulations Required Proposed Amendments Maximum Front Yard Setback 3 meters 3.7 meters Minimum Front Yard Setback 3 meters 0.85 meters Maximum Floor Space Index 1 to 0.5 2.90 Maximum Residential Density 65 units per net hectare 230 units per net hectare Maximum Building Height 20 meters 28 meters Inclusions in the calculation of N/A Roof top solar panels shall Height not be included in the calculation of height Minimum Landscaped Area 4.5 meters 1.3 meters Between Parking Areas and Driveways Angular Plane (6.2.1(4)) All buildings with a height Section 6.2.1(4) shall not of 10 meters or greater apply shall be built within the angular plane as defined by this By-Law Section 6.3 – Mixing Formula for Where lands within a CM2 Section 6.3 shall not apply the CM2 Zone Zone have not been developed for commercial uses as of the date of passing of this By-law, the following shall apply: i) Residential uses may be the sole use of the lands ii) Where commercial uses are to be combined on the same lot as residential uses, from 30% to 60% of the lot area shall be developed for residential uses

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Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 21 of 135 Council Report March 24, 2020

Minimum area of commercial uses N/A A minimum of 387 square meters of the total ground floor area shall be dedicated to commercial uses

The draft Zoning By-law for the proposed Zoning By-law amendments is attached to this report (Attachment 5). The proposed development meets all other regulations of the Town’s Comprehensive Zoning By-law 2010.

3.6 Applicable Provincial, Regional and Town Official Plan Policies

i. Provincial Policy Statement (PPS) (2014)

The Provincial Policy Statement (PPS) (2014) establishes policies that set out how municipalities should manage, and direct land uses to achieve efficient development and land use patterns. Section 1.1.1 b. and 1.1.1 e. of the PPS requires the accommodation of an appropriate range and mix of residential and institutional uses which includes affordable housing as well as commercial uses to meet the long-term needs of the community. In addition, it indicates that the municipality should promote cost-effective development patterns and standards to minimize land consumption and servicing costs.

The proposed development is located within a Settlement Area which shall be the focus of growth and development. Section 1.1.3.2 of the PPS requires that Settlement Areas shall efficiently use land and resources and identify appropriate locations and opportunities for intensification and redevelopment. The proposed development would be considered an intensification of the approved uses through the provision of additional people and jobs on the subject property without the further consumption of land.

The proposed development contributes to intensification, in accordance with Section 1.1.3.3 and 1.1.3.4, which both speak to seeking opportunities for intensification.

The proposed development has no impact on the agricultural lands and natural features within the municipality in accordance with the policies of Section 2 and is located away from natural or human-made hazards in accordance with the policies of Section 3.

Section 1.6.6.1 directs growth and development to efficiently use existing municipal sewage and water services. The proposed development proposes new infrastructure to tie into existing municipal services near the subject property, and the existing services on the property would be utilized.

For the reasons set out above, Town Staff are of the opinion that the proposed development is consistent with the PPS.

ii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019)

The “A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019)” (“Growth Plan”) is a Provincial Plan that sets out where and how to accommodate growth and establish complete communities, considering the impacts on major infrastructure, the natural environment, and an aging population. Page 7 of 18

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Section 2.1 of the Growth Plan requires growth to be directed to settlement areas and encourage intensification in its delineated built-up area. Section 2.2.2.3 requires all municipalities to develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas.

Town Staff are of the opinion that the proposed development is consistent with the policies of the Growth Plan.

iii. York Region Official Plan (YROP) (2010)

The subject property is designated “Towns and Villages” and is located within the Oak Ridges Moraine Boundary, as shown in Map 1 of the York Region Official Plan, 2010 (YROP).

The YROP requires new development within Towns and Villages be subject to water and wastewater services being available, as well as achieving a minimum density requirement of 50 residents and jobs combined per hectare. Staff confirms that there is municipal water and wastewater capacity available to service the proposed development.

For the reasons set out above, Town Staff are of the opinion that the proposed development conforms to the YROP.

Section 8.3.8 of the York Region Official Plan indicates that amendments to local Official Plans can be exempt from Regional approval where the proposed amendments are of local significance and no Regional interest is affected. Staff concur that the proposed amendments are of local significance and meet the criteria for exemption under the Regional Official Plan. On September 10th, 2019, Regional Staff exempted approval from the Regional Official Plan Amendment application.

On the basis of the above, if adopted by Town Council, the proposed Official Plan Amendment will not require Regional Approval and the Town will be required to issue a notice of adoption.

iv. Town of Whitchurch-Stouffville Official Plan

Section 12.2.3 of the Community of Stouffville Secondary Plan sets out specific objectives for community development. These objectives include:

i) To encourage a community form and design at all levels of development, which provides opportunities for communication between residents, and allows for pedestrian/bicycle and vehicular access between different residential neighbourhoods and between Residential Areas and activity areas

v) To provide for development, including housing forms and densities, which is consistent with the character of the community, while recognizing that outside of existing residential areas, this may include significant intensification of existing development

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Section 12.7.18 of the Community of Stouffville Secondary Plan establishes policies that apply to lands designated Western Approach Area - Mixed Use. The proposed mix of residential and commercial uses are permitted in this land use designation.

The proposed development is considered an opportunity for intensification and provides an appropriate mix of uses and densities that are consistent with the overall direction of the Growth Plan policies. The proposed development demonstrates a form that allows for interaction between residents and encourages reduction in car dependency and promotes walkability through site design.

For the reasons set out above, Town Staff are of the opinion that the proposed development is consistent with the policies of the Growth Plan.

v. Town of Whitchurch-Stouffville Zoning By-Law

The subject property is currently zoned CM2(5) [(Commercial Residential Mixed, Western Approach) (Exception 5)] under the Town’s Comprehensive Zoning By-law 2010. The site- specific provision for 33 Weldon Road, permits an automatic car wash as an additional use on the lands, as approved by Town Council in 2013. The proposed mix of residential and commercial uses are permitted in the underlying CM2 zone. The CM2(5) zone will remain in effect for the property at 33 Weldon Road and, if approved, a new site-specific provision will be applied to the subject property at 5917 Main Street.

3.7 Issues Raised at the Public Meeting

At the Statutory Public Meeting, which was held on October 22, 2019, the following comments or concerns were heard by members of the public.

1) Increase in density: Residents raised concerns regarding the requested amendments for density being approximately twice of what is permitted by the current Official Plan policies.

Staff response: Since Provincial, Regional and Town policies encourage higher densities within existing built up areas, to help preserve the existing Agricultural Areas and Green Spaces that exist in the outlying areas and curb unnecessary sprawl. Town Staff opine that the proposed increase in density will help achieve the desired densities along transit corridors and within existing built up areas.

2) Reduction of Front yard setback and the proximity of the Hydro Lines: Residents raised concerns regarding the requested amendments for reduction in front yard setback and the proposed buildings proximity to hydro wires.

Staff response: Town Staff have verified that the frontage of the subject property is the property line adjacent to Weldon Road. The exterior side yard adjacent to the Main Street right of way, where the hydro lines are located, no longer requires a reduction in setback. Following the public meeting, discussions were held with the Applicant related to the minimum requirements required by Hydro One which is the governing authority for setbacks to hydro lines. The Applicant has been

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working with Hydro One and Town Staff to ensure that adequate and required distance to hydro wires would be achieved.

3) Mixed Use: Residents questioned appropriateness of the location for the type (mid-rise, mixed use) of the proposed development.

Staff Response: The Town’s Official Plan identifies the Western Approach – Mixed use Area as an area where mixed use development and intensification should be located and directed to, within the Town. The goal is to preserve the existing character provided by the built form within the Community Core Area. The Western Approach Area is on existing transit routes (YRT and GO Transit) and is in close proximity to transit facilities for residents. Having higher densities located in this corridor provides opportunities for pedestrian friendly and transit supportive development in Town.

4) Increase in the height of the Building: Residents expressed concerns with the proposed additional height of the building and the additional number of storeys and the impact of the increased height on the neighborhood.

Staff Response: The proposed 8–storey building at a height of 28 meters constitutes a mid-rise built form in a mixed use format that is commonly found in the Greater Toronto Area along main streets and corridors, in order to meet or exceed intensification targets established by the Provincial and Regional plans and building complete communities. The proposed built form has been analysed and Staff is of the opinion that the built form represents good urban design along Main Street, helps establish a continuous street wall along Main Street, helps achieve density targets, does not impact adjacent properties and meets the general intent of the Zoning by-law.

5) Green Building Design of the proposed building: Residents were supportive of the Net Zero impact of the development. However, they questioned the effect that the geothermal system may have on the aquifer.

Staff Response: During the Public Meeting, the property owner was able to address the effect of the geothermal heating system. No additional concerns or correspondence has been received regarding the proposed geothermal heating system.

4. Analysis and Options:

4.1 Proposed Amendment to the Community of Stouffville Secondary Plan

The submitted Official Plan Amendment application requests amendments to four policies within Section 12.7.18.3 for land use policies for the Western Approach Area - Mixed Use.

The requested amendments can also be found in Section 2.4 Table 2 above.

4.2 Detailed analysis of the requested amendments

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• Reduction in Minimum Landscaped Areas [Policy 12.7.18.3 iv) a)]

The proposed OPA seeks amendment to the minimum landscape area requirement for parking areas. Currently there are 7 parking spaces at the front of the property (fronting Main Street) adjacent to a drive aisle which is subject to access easements in favour of 33 Weldon Road and 5945 Main Street. In order to maintain the existing conditions and provide adequate onsite parking, the Applicant proposes to retain the existing 7 spaces in its current configuration. There is currently a 1.3 meter landscaped area/buffer between the municipally owned right-of-way and the parking area. The existing landscape area does not meet the required minimum landscape buffer width and separation between the parking and the municipal roadway. The submitted materials also indicate that there are proposed ground mounted solar panels to be installed over the existing spaces, this will add visual interest to the existing parking areas. The existing buffer, and the proposed covering assists in achieving the desired separation between pedestrians and the parking area.

Town Staff are of the opinion that the proposed amendment to the Community of Stouffville Secondary Plan, Western Approach, Mixed-Use Area is consistent with the vision for the future of the Western Approach Corridor and generally conforms to the intent of the Official Plan.

In Town Staff’s opinion the proposed Official Plan Amendment represent good planning.

• Increase in Floor Space Index [Policy 12.7.18.3 ix)]

The proposed OPA requests the maximum permitted Floor Space Index (FSI) for the proposed development be increased from a maximum of 2.0 to 2.9. The Floor Space Index is a tool that is used to help guide the built form of any proposed development. The intent of the FSI is to ensure that the proposed development is appropriately sited on the property and the desired densities of the built form are achieved. It is important to note here that the remainder of the block, that the subject property is located in, is anticipated for redevelopment in its entirety by individual landowners in the near future. There is opportunity to establish a FSI that is compatible with adjacent future development and existing development such that there is no impact of the built form on the adjacent properties.

Based on the review of the building design and site design, Staff is of the opinion that the requested increase in FSI is modest in nature and generally conforms to the intent of the Official Plan.

In Town Staff’s opinion the proposed Official Plan Amendment represent good planning.

• Minimum requirements of Gross Floor Area for Commercial uses [(Policy 12.7.18.3 xiii)]

The proposed OPA requests amendment to policy related to mix of uses. The current Official Plan Policies establish specific percentages of the “land area” to be residential and commercial when contemplating a mix of uses in a development. The proposed development does not include a break down of residential and commercial uses by Page 11 of 18

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percentage of land area as it is a multi-story building. Although the OP does not require new development to include commercial uses, the Applicant has been working very closely with the Town Staff to establish a minimum of 380 square meters of commercial uses at grade within the proposed development.

As stated previously, the current Official Plan does not require the lands within the Western Approach – Mixed Use Area to include a commercial component, the lands are permitted to be completely residential or mixed use. Town Staff feel that providing a mix of uses at grade as presented, represents good planning, as it provides pedestrian friendly development and active integration with the public realm. Staff are in favour of the requested amendment for commercial uses at grade within the proposed development.

In Town Staff’s opinion the proposed Official Plan Amendment represent good planning.

• Increase in Maximum Density [12.7.18.3 xv)]

The proposed OPA requests an increase in maximum density from 120 to 230 units per net hectare. Section 3 above establishes that the proposed increase in density for the subject property aligns with the Provincial and Regional Planning Policies. The applicable Provincial and Regional policies require that the Town support intensification in order to make more efficient use of land, resources and infrastructure to reduce sprawl, create a culture of land conservation and promote more efficiently designed communities.

One of the objectives of establishing maximum density requirement for a particular area is to ensure that the existing or proposed servicing infrastructure (road network, storm, water and wastewater systems) can accommodate the additional growth without impacting the municipal servicing infrastructure. Through the application process Town staff reviewed the Traffic Impact Analysis (TIA), Site Servicing and Stormwater Management Report (and a Planning Rationale Report submitted with the OPA, ZBL and SPA applications. The Town’s Peer Review Consultants have reviewed in detail the TIA and FSR and have indicated that they have no concerns with respect to traffic or servicing impacts from the proposed development on the neighborhood or the necessary servicing infrastructure. Town Staff also confirms that the additional capacity is available to accommodate the proposed 91 apartment units equivalent of 201 persons.

Town Planning Staff have reviewed the submitted the Planning Rationale Report which was prepared by Urban Growth Inc. Town Staff agree that although the density is above what is permitted in the area, the proposed development assists the Town with meeting the following targets found within the Official Plan;

- Provides a range of housing types in an Urban/Built Up area; - Makes use of existing services and infrastructure; - Provides for the efficient use of land; and, - Conforms to the goal of having a mix of uses that are active at grade.

Based on review of the supporting planning and technical documents, Town Staff are supportive of the proposed amendment to the maximum permitted density on the subject property. Page 12 of 18

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In Town Staff’s opinion the proposed Official Plan Amendment represent good planning.

4.3 Proposed Amendment to the Comprehensive Zoning By-law 2010-001-ZO

The submitted Zoning By-law Amendment application requests amendments to the Zoning By-law as indicated in Section 2.5 Table3.

4.4 Detailed analysis of the requested amendments

• Increase in maximum Permitted Density

A maximum residential density of 60 units per net hectare is permitted within the CM2 zone. The Town’s Zoning By-law has not been brought into conformity with OPA 137 policies that permit higher densities in the Western Approach – Mixed Use Area neighborhood, of up to 120 units per hectare, as discussed in sections above.

The amendment proposes a maximum residential density of 230 units per net hectare. Staff is of the opinion that the proposed increase in density meets and exceeds the Official Plan policies and supports a compact built form, discussed in sections above. Technical reports and studies have been reviewed by Town Staff and Town’s Peer Review Consultants and confirmed that the proposed increase in density can be accommodated on the subject lands.

• Increase in maximum Floor Space Index

The proposed Zoning By-law amendment requests the maximum permitted Floor Space Index (FSI) for the proposed development be increased from a maximum of 1.0 to 2.9.

It is important to note that the Town’s OP permits a higher FSI ratio. The proposed FSI of 2.9 is closer to the permitted FSI of 2.0 in the OP. Based on the review of the building design and site design, Staff is of the opinion that the requested increase in FSI is modest in nature and generally conforms to the intent of the Town’s Official Plan.

• Increase in maximum front yard setback and reduction in minimum front yard setback

The lot frontage of the subject property is along Weldon Road. The development proposes a minimum front yard setback of 0.85 meters and a maximum front yard setback of 3.7 meters along the Weldon Road frontage whereas the Zoning By-law requires a minimum front yard setback of 3 meters and a maximum front yard setback of 3 meters. Due to the irregular shape of the property the front yard setback ranges from a minimum of 0.85 meters to a maximum of 3.7 meters.

The intent of maintaining a consistent setback to the property lines from a building wall is to create a contiguous street wall which promotes a cohesive streetscape along the street. Although Weldon Road if the frontage of the property, the focal point of the proposed development will be the corner of Weldon Road and Main Street, as well as the building frontage along Main Street. The reduction in the minimum front yard setback will not

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impact the relationship of the building with the street given the presence of substantial public boulevard along the Weldon Road frontage.

Staff are of the opinion that the proposed amendments to the front yard setbacks requirements would not have a negative impact on either the streetscape or the relationship of the building to the street along Weldon Road. Staff are supportive of the proposed amendments.

• Reduction in minimum landscaped area between parking areas and driveways

The site includes an existing non-conforming, 1.3 meter wide landscape area/strip between the parking area on the eastern side of the property and Main Street. The Zoning By-law requires a minimum 4.5 meters wide landscape area between parking areas and driveways. The seven existing spaces adjacent to a drive aisle are subject to an access easement in favour of the properties at 33 Weldon Road and 5945 Main Street. This existing condition makes it difficult to modify the parking area configuration in this location to achieve a wider landscape area.

The intent of establishing minimum landscaped areas between parking area and the Town owned right-of-way or driveways, is to ensure that there is adequate screening of parking areas. The Town is generally not supportive of parking areas fronting the right- of-way without screening or visual buffers. Although there are seven spaces located on the subject property, the balance of the required parking is proposed at the rear of the proposed building and with adequate screening. Town Staff are supportive of the proposed amendment for the reduction in landscape area considering the existing configuration and access easement on the site. There are no other deficiencies to landscape requirements.

• Increase in maximum height of the building

The Town’s Comprehensive Zoning By-law permits a maximum height of 20 meters in the CM2 zone. The requested Zoning By-Law Amendment requests a maximum height of 28 meters for the proposed building.

Although the CM2 Zone restricts height to 20 metres, the Community of Stouffville Secondary Plan permits a maximum height of 10 stories for development in the Western Approach Mixed Use Area. OPA 137, which implemented this policy, which was adopted for the area in 2018. The Town’s Planning Department recognize that although not permitted by the ZBL the vision for the Western Approach Corridor is to include mid-rise development with a mix of at grade uses.

The subject property is not directly adjacent to any existing residential neighbourhoods and it is anticipated that the proposed increase of 8.0 meters will not have a negative impact on any of the surrounding land uses. Staff are supportive of the requested increase in height of 28.0 metres for the subject property.

• Introduction of a regulation for calculation for height of the building to not include solar panels on rooftop Page 14 of 18

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The application includes the introduction of roof top solar panels for the proposed building. While the Town’s Comprehensive Zoning By-law has specifications for the exclusion of housing for mechanical equipment from the calculation of height, the By-Law is currently silent on solar panels.

Town Staff are of the opinion that the roof top solar panels being included in the list of items excluded from calculation of height will have minimal impact on the overall appearance and massing of the proposed building. Encouraging sustainable energy sources is in keeping with the Provincial Policies and represents good planning.

Town Staff are of the opinion that the requested Zoning By-law amendments to the Commercial Mixed Use – Western Approach Zone maintains the intent of both the Town’s Comprehensive Zoning By-Law and Official Plan. The requested amendments will permit development which aligns with the goals of the Province, Region and Town, as they relate to intensification within existing built up areas.

In Town Staff’s opinion the proposed Zoning By-law Amendments represent good planning.

Conclusion

Town Staff are satisfied that the proposed development is consistent with the policies of the Provincial Policy Statement, Growth Plan and the York Region Official Plan. Town Staff are also satisfied that the proposed Official Plan Amendment and Zoning By-Law Amendments represent good planning. The proposed development conforms to and meets the intent of all other applicable policies as set out in the Town’s Official Plan.

In accordance with the Planning Act, R.S.O. 1990, c.P.13., the applications have fulfilled the following Statutory Requirements:

• Notice of Complete Application; • Notice of Public Meeting; and, • The holding of a Public Meeting.

4.5 Agency comments

i. Regional Municipality of York (York Region)

Region of York no objections to the approval of the Official Plan and Zoning By-law Amendment applications. The Region has via letter dated September 10, 2019 confirmed that the applications are exempted from Regional approval. Conditions from Region of York would be met through the SPA process.

ii. Toronto and Region Conservation Authority (TRCA)

TRCA has no objections to the approval of the Official Plan and Zoning By-law Amendment applications. TRCA has indicated that the mitigation measures from the water balance assessment should be included in the Site Plan Agreement. Planning

Page 15 of 18

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Staff work with the Applicant and TRCA to ensure that this requirement is met through the SPA process.

iii. York Region Catholic School Board

No comments or concerns

iv. Rogers

Rogers has no objections to the approval of the Official Plan and Zoning By-law Amendment applications.

v. Enbridge Gas

Enbridge has no objections to the approval of the Official Plan and Zoning By-law Amendment applications.

4.6 Town Departments

i. Fire Department

The Fire Department has no objections to the proposed Official Plan and Zoning By-law Amendment. They have provided comments on the site plan regarding requirements for the fire route, fire hydrants, etc. All comments must be satisfied before a Site Plan Agreement is prepared.

ii. Building Department

The Building Department has no objections to the proposed Official Plan and Zoning By- law Amendment applications.

iii. Public Works department

The Public Works Department has no objections to the proposed Official Plan and Zoning By-law Amendment applications.

4.7 Site Plan Control Agreement Application and Site Design Considerations

Any outstanding technical comments provided by other departments and agencies would be addressed through the ongoing SPA process. Some of the specific matters this Department will review and address during the processing of the SPA and will include but are not limited to:

• Any matters related to building architectural design, colors and materials, site design, etc. • Site Landscape design details, in particular the proposed landscape design fronting Main Street and Weldon Road and the frontage along Main Street. • Site Lighting and Photometrics Design

Page 16 of 18

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• Signage for the building • Others matters that may arise through the further processing of the SPA process will be addressed prior to the site plan agreement.

Options

Option A (Recommended)

That Council adopt the Official Plan Amendment and pass the site-specific Zoning By- Law Amendment for the subject property.

Town Staff recommends that Council approve the Applicant’s request for the Class 4 Noise Area Classification in accordance with the MOECC’s NPC-300 Guidelines. It is noted that the Site Plan review process is currently underway. A Site Plan Agreement will need to be signed and executed prior to the issuance of a full Building Permit.

Option B

That Council does not approve the Official Plan Amendment and pass the site-specific Zoning By-Law Amendment for the subject property. This option is not recommended as the proposed Applications represent good planning and conform to Provincial Policy and the Regional Official Plan.

5. Financial Implications:

None

6. Alignment with Strategic Plan:

1. Expanding the tax base through a growing, diversified economy

Building and maintaining a tax base that supports the highest quality program and service delivery.

2. Asset Planning, Maintenance and Development

Successful stewardship of the infrastructure and facilities required to support a growing community and vibrant economy.

• Focus on continuous improvement of the asset register for asset management planning

7. Attachments:

1. Location Map

2. Proposed Site Plan Page 17 of 18

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 32 of 135 Council Report March 24, 2020

3. Draft Official Plan Amendment 148

8. Related Reports:

October 22, 2019 – DS-053-19- Public Meeting Report - Applications for Official Plan Amendment, Zoning By-law Amendment – 5917 Main Street (File Nos. OPA19.001 and ZBA19.001)

Author: Kathryn Jones, Planner I Hena Kabir, Manager of Development Planning

For further information on this report, please contact: Haiqing Xu, Director, Development Services at 905-640-1910 ext. 2431 or via email at [email protected].

Page 18 of 18

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 33 of 135 Attachment 1 - DS-010-20

Rupert Avenue

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SUBJECT PROPERTY 5917 Main Street

1-----~ Su~nset Boulevard

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Attachment 2 - DS-010-20

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TO THE

OFFICIAL PLAN

OF THE

TOWN OF WHITCHURCH-STOUFFVILLE

PLANNING AREA

(COMMUNITY OF STOUFFVILLE SECONDARY PLAN)

INITIATED BY

LIVGREEN MAIN ST. INC. 5917 MAIN STREET STOUFFVILLE

March 2020

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 36 of 135 COUNCIL

THE TOWN OF WHITCHURCH-STOUFFVILLE

MAYOR I. LOVATT

COUNCILLORS K. FERDINANDS M. SMITH H. KROON R. UPTON R. BARTLEY S. SHERBAN

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 37 of 135 THE CERTIFICATION

AMENDMENT No. 148

OFFICIAL PLAN OF THE TOWN OF WHITCHURCH-STOUFFVILLE PLANNING AREA (COMMUNITY OF STOUFFVILLE SECONDARY PLAN)

WHITCHURCH-STOUFFVILLE

The attached text and schedules, constituting Amendment No. 148 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area which, on the 1st day of January 1971, comprised all the lands within the municipal boundary of the Area Municipality of The Corporation of the Town of Whitchurch-Stouffville, was adopted by The Corporation of the Town of Whitchurch-Stouffville by By-law No. 2020-025-OP in accordance with the Planning Act on the ____ day of ______, 2020.

Mayor

Clerk

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 38 of 135 THE CORPORATION of the TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2020-025-OP

BEING A BY-LAW TO ADOPT AMENDMENT NO. 148 TO THE OFFICIAL PLAN FOR THE TOWN OF WHITCHURCH-STOUFFVILLE PLANNING AREA WHICH, ON THE 1ST DAY OF JANUARY, 1971 COMPRISED ALL THE LANDS WITHIN THE MUNICIPAL BOUNDARY OF THE AREA MUNICIPALITY OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE.

The Council of the Town of Whitchurch-Stouffville, in accordance with the provisions of the Planning Act, hereby enacts as follows:

1. That Amendment No. 148 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the Area Municipality of The Corporation of the Town of Whitchurch-Stouffville, constituting the attached text and schedules, is hereby adopted.

2. That this by-law shall come into force and take effect on the date of the final passing thereof:

READ a first and second time this 24 day of March, 2020.

READ a third time and passed this 24 day of March , 2020.

Mayor

Clerk

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 39 of 135

Certified that the foregoing is a true copy of By-law

No. 2020-025-OP as enacted by the Council of The

Corporation of the Town of Whitchurch-Stouffville on

the 24 day of March, 2020.

DATED at WHITCHURCH-STOUFFVILLE this _____ day of ______, 2020.

Signed: ______Clerk

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 40 of 135 STATEMENT OF COMPONENTS

PART I – THE PREAMBLE does not constitute part of this Amendment.

PART II – THE AMENDMENT consisting of the attached text and schedule constitutes Amendment No. 148 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area.

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 41 of 135 AMENDMENT NO. 148

TO THE OFFICIAL PLAN OF THE TOWN OF WHITCHURCH-STOUFFVILLE (COMMUNITY OF STOUFFVILLE SECONDARY PLAN)

INDEX

PART I – THE PREAMBLE 1

1.0 Purpose 1

2.0 Location 1

3.0 Basis 1

PART II – THE AMENDMENT 3

Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 42 of 135 PART I – THE PREAMBLE

1. PURPOSE

The purpose of Amendment No. 148 to the Town of Whitchurch-Stouffville Official Plan is to amend the Community of Stouffville Secondary Plan to amend the “Western Approach Area Mixed Use” designation on the subject lands to “Western Approach Area Mixed Use” subject to a Special Provision to permit a mixed use (residential and commercial) development with a net density of 230 units per net hectare, a maximum floor space index of 2.9, a reduction in the required landscaped area between the road allowance and the adjacent parking area, and require a minimum ground floor commercial/retail area of 387 square metres.

2. LOCATION

This Amendment applies to lands located at the southeast corner of Weldon Road and Main Street in the Community of Stouffville. The subject lands have a combined area of 0.39 hectares (0.96 acres) and is municipally known as 5917 Main Street. Schedule “A” shows the location of the lands subject to this Amendment.

3. BASIS

The Amendment is privately initiated by the Owner and is intended to facilitate the development of the subject land for a mixed use (residential and commercial) development, at a greater density than permitted under the Western Approach Mixed Use Area designation.

The Amendment recognizes the growing demand in the Town of Whitchurch-Stouffville for residential infill development, which has been anticipated in the Western Approach Area, by the Town. The Amendment also recognizes that the development will respect the existing character of the area, and also assist in meeting the intensification targets set out in the Official Plan.

The development will also achieve several other objectives outlined in the Official Plan, such as making use of transit, providing alternative energy sources, intensification with the build boundary, and providing safe and efficient living environments.

The Amendment is consistent with the policies of the Provincial Policy Statement, 2014, and conforms to the policies of the Growth Plan for the Greater Golden Horseshoe (2019), the Oak Ridges Moraine Conservation Plan (2017) and the Region of York Official Plan (2010).

1 Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 43 of 135

The Council of the Town of Whitchurch-Stouffville is satisfied that Amendment No. 148 to the Town of Whitchurch-Stouffville Official Plan is appropriate and constitutes good planning.

2 Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 44 of 135 PART II – THE AMENDMENT

1. Introduction

All of this part of the document entitled Part II – The Amendment, which consists of the following text and Schedule “A”, constitutes Amendment No. 148 to the Official Plan of the Whitchurch-Stouffville Planning Area (Community of Stouffville Secondary Plan).

2. Details of the Amendment

The Town of Whitchurch-Stouffville Official Plan (Community of Stouffville Secondary Plan), as amended, is hereby further amended as follows:

2.1 That Section 12.7.18.4 – Special Provisions is hereby amended by the addition of a new subsection 12.7.18.4.X as follows:

12.7.18.4.X Special Provision X – 5917 Main Street

Notwithstanding any provisions of this Plan to the contrary, the following site-specific policies apply:

i) A maximum floor space index of 2.9 is permitted; ii) A maximum residential density of 230 units per net hectare is permitted; iii) A minimum 1.3 metre landscaped area is permitted between the road allowance right of way and the easterly off-street parking area; and iv) A minimum of 387 square metres of commercial/retail gross floor area on the ground floor is required.

2.2 That Schedule “F2” – Land Use Plan Western Approach Area to the Town of Whitchurch-Stouffville Official Plan (Community of Stouffville Secondary Plan) is hereby amended by redesignating the lands from “Western Approach Area Mixed Use” designation to “Western Approach Area Mixed Use Special Provision X” as shown on Schedule “A”.

3. Interpretation

3 Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 45 of 135 altered or exempted by any policies contained herein, all of the relevant policies of the Town of Whitchurch-Stouffville Official Plan shall apply to this Amendment.

4 Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 46 of 135 SCHEDULE “A”

Redesignate subject lands from “Western Approach Area Mixed Use” to “Western Approach Area Mixed Use Special Provision X”

(Staff to prepare a Schedule from “F2”)

5 Report No. DS-010-20 Proposed Official Plan Amendment and Zoning By-law ...Page 47 of 135

Town of Whitchurch-Stouffville Council Report Item 3

Subject: Request for Extension of Draft Plan Approvals 2036737 Ontario Inc. & 2022988 Ontario Inc. (Bloomington) File Nos. 19T-83015 & 19T-86101

Staff Report No. DS-011-20

Department: Development Services

Date: March 24, 2020

Recommendation:

1. Purpose:

The purpose of this report is to assess the merits of extending Draft Plan Approval and to request Council to approve the amended draft plan conditions for two subdivision proposals located in Part of Lots 9 and 10, Concession 9 within the Hamlet of Bloomington, File Nos. 19T-83015 and 19T-86101.

2. Executive Summary:

An Application has been submitted by Stantec Consulting Ltd. on behalf of 2036737 Ontario Inc. and 2022988 Ontario Inc. to extend Draft Plan Approval for two subdivisions within the Hamlet of Bloomington. Although no revisions to the approved draft conditions have been requested, staff have proposed revisions to the draft conditions including the draft approval lapsing date, the requirement of customary fees and charges for possible

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 48 of 135 Council Report March 24, 2020

further imported fill, and conditions in which parkland is to be dedicated to the Town. The proposed changes are deemed minor in nature and a written notice of the amendment to the Draft Plan conditions for both Applications is not required under Section 51(47) of the Planning Act, 1990.

3. Background:

3.1 Location and Proposed Overview

The subject lands comprise two separate abutting landholdings. For the purposes of assisting Council and the Public, the report, as presented, consolidates the analysis and discussion as there is a significant interface between the two properties.

The lands owned by 2036737 Ontario Inc. are located in Part of Lot 9, Concession 9, within the southeast quadrant of the Hamlet of Bloomington. This property represents the southerly of the two development parcels and is the subject of subdivision proposal File No. 19T-83015 (Bloomington South). The lands are situated to the east of Ninth Line, south of Bloomington Road and the Seniors Housing facility, Bloomington Cove.

The lands owned by 2022988 Ontario Inc. are located in Part of Lot 10, Concession 9, within the southeast quadrant of the Hamlet of Bloomington. This property represents the northerly of the two development parcels and is the subject of subdivision proposal File No. 19T-86101 (Bloomington North). The lands are situated immediately south of Bloomington Road, east of Ninth Line.

Attachment No. 1 to this Report shows the location of the subject property.

3.2 Draft Plan Approval and History

On October 2, 1990 Subdivision Files No. 19T-83015 and 19T-86101 were issued Draft Approval by the Region of York. Since that time, extensions of Draft Approval have been granted several times including in 2007, 2009, 2014, and 2017 for periods of two or three years.

In November 2009, the decision of Town Council to extend Draft Approval reduced the total number of lots on the subject lands and was appealed by the Owner to the Ontario Municipal Board (OMB) (now the Local Planning Appeals Tribunal). Town Council subsequently adopted staff recommendations for a settlement allowing the Owners to proceed with the development of the subject lands for 67 residential lots with minimum lot sizes of 0.3 hectares (0.75 acres), serviced by private individual well and septic systems. On July 15, 2011, the Board issued a Decision that the terms of settlement were acceptable, and on October 9, 2012, upon receiving confirmation that the Town was satisfied with a revised Groundwater Management Plan and Zoning By-law Amendment, the Board ordered that the appeal be allowed and draft plans be approved.

Page 2 of 6

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 49 of 135 Council Report March 24, 2020

On April 4, 2017, Town Council granted the most recent extension of Draft Plan Approval to both plans of subdivision, under which the lapsing date is April 4, 2020.

Attachment No. 2 to this Report shows the approved Draft Plan of Subdivision for File No. 19T-83015.

Attachment No. 3 to this Report shows the approved Draft Plan of Subdivision for File No. 19T-86101.

4. Analysis and Options:

4.1 Policy Analysis

No changes are proposed to the approved plans of subdivision and Town Staff are of the opinion that the proposed developments continue to be consistent with the Provincial Policy Statement (2014) and conform to the applicable provincial, regional and local Official Plans.

4.2 Town of Whitchurch-Stouffville Zoning By-law

No changes are proposed to the approved plans of subdivision and Town Staff are of the opinion that the proposed developments continue to conform to the Town’s Comprehensive Zoning By-law 2010-001-ZO.

4.3 Request for Extension to Draft Plan Approval

Stantec, on behalf of 2036737 Ontario Inc. and 2022988 Ontario Inc., has submit a letter of request for extension of draft plan approval for three years for files 19T-83015 and 19T- 86101.

Attachment No. 4 to this Report is the letter of request received from Stantec, on behalf of the Owners, for the extension of draft plan approval for the two plans of subdivision.

At this time, Staff are supportive of a one-year extension to draft plan approval. Works on the subject properties has been ongoing, and the requested extension would allow for construction works to be continuous without further delay to the Registration of the 65M- plans and complete the build-out of the subdivisions. The subdivision agreement has been provided to the Owners for execution in early October of 2019. Staff do not anticipate that more than one year is required to execute the agreement and register the plans of subdivision. Staff believe that a one-year extension will encourage the expeditious registration of each plan of subdivision that have been ongoing since 1990.

Staff will not be supportive of future extensions beyond the recommended one-year extension for reasons set-out in the following section.

Page 3 of 6

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 50 of 135 Council Report March 24, 2020

4.4 Proposed Revisions to Conditions of Draft Approval

Staff recommend minor revisions and two additional conditions be included with the request for extension of draft plan approval for both plans of subdivision. A condition has been added that requires the Owners to provide a plan that indicates the quantity of fill that has been imported to the subject property since December 2017. The condition also requires that any fill imported following March 24, 2020 be subject to the customary fees and charges payable under the Fill By-law 2019-068-RE. This condition is required to ensure the Town is informed of and properly compensated for the additional fill imported to the subject property.

In the recent years, various Grading and Fill plans have been submitted to the Town for review identifying growing amounts of fill being required to be imported to the site from various locations. The owner changed the volumes of imported fill from an approved volume of 50,000 m3 to 200,000 m3. No reason was provided for the change in the volume. The Fill By-law excludes fill imported to properties when it is in conjunction with the development of the lands from being required to pay fees and charges. The condition, that is recommended at this time, requires the developer to pay the applicable fees and charges imposed by the Fill By-law for any new fill imported or exported from the developments from the date of the renewal and that the exclusion for the development of lands does not apply for the subject development. In the opinion of Staff, this condition is critical at this time to ensure appropriate compensation for any further importation of fill to the subject property.

A condition has also been added to clarify that any parkland dedication to the Town shall be unencumbered by endangered species. Cash-in-lieu of parkland will be required for any lands conveyed to the Town that are encumbered by an endangered species that reduces the usability of the lands for a fully functional park. There were no known encumbrances on the proposed park block when the plan was originally approved in 1990.

Attachment No. 5 to this Report includes the revised Draft Plan Conditions for Subdivision File No. 19T-83015.

Attachment No. 6 to this Report includes the revised Draft Plan Conditions for Subdivision File No. 19T-86101.

Planning staff are of the opinion that the proposed changes are minor in nature. In accordance with Section 51(47) of the Planning Act, 1990 written notice is not required.

4.5 Agency Correspondence

The request for extension of Draft Plan Approval for both plans of subdivision was circulated to internal departments and external agencies for review.

The Engineering division has recommended a one-year extension and revisions to conditions which were discussed in Sections 4.3 and 4.4 of this Report.

Page 4 of 6

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 51 of 135 Council Report March 24, 2020

The Policy division and Public Works department had no objection to the requested extensions.

TRCA, York Region and Enbridge had no concerns or objections to the requested extensions.

Canada Post did not provide any comments when the requests were circulated.

4.6 Options

Option A (Recommended)

That Council approve the request for extension to draft plan of subdivision approvals for one year and the amended conditions as proposed by Staff. This option is recommended as Staff do not anticipate more than one year being required to register the plans of subdivision. The Subdivision Agreement was sent to the Owners in early October of 2019, and Staff recommend a one-year extension to encourage the expeditious registration of the plans of subdivision that have been ongoing since 1990.

The proposed revisions to conditions are recommended to ensure appropriate compensation for fill imported to the site and parkland dedication are obtained as it relates to the proposed plans of subdivision as discussed in Section 4.4 of this Report.

Option B

That Council approve the Owner’s request for extension to draft plan of subdivision approvals for three years in which the approval for the subdivisions would lapse on March 24, 2023. This option is not recommended as Staff does not anticipate registration of the plans of subdivision taking up to three years to complete. The extended timeframe may result in delays in the registration of the plans of subdivision.

Option C

That Council does not approve the request for extension to draft plan of subdivision approvals in which the approval for the subdivisions would lapse on April 4, 2020. This option is not recommended as works on the subject property are ongoing, and this would halt overall build-out of the subdivisions.

5. Financial Implications:

There are no financial implications attributed to the Operating or Capital Budgets arising from the consideration of the Report.

6. Alignment with Strategic Plan:

1. Service Excellence

Page 5 of 6

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 52 of 135 Council Report March 24, 2020

Supporting a collaborative, timely, customer-focused approach to operations that enhances efficiency, effectiveness, and customer satisfaction.

• Create service-driven policies and procedures / streamline processes

7. Attachments:

1. Location Map 2. 19T-83015 Approved Draft Plan of Subdivision 3. 19T-86101 Approved Draft Plan of Subdivision 4. Letter from Stantec 5. 19T-83015 Schedule of Conditions 6. 19T-86101 Schedule of Conditions

8. Related Reports:

1. November 3, 2009 – Council Report – Red Line Revisions & Revised Conditions to Draft Approval Proposed Zoning By-law Amendments 2036737 Ontario Inc. and 2022988 Ontario Inc. Part of Lots 9 & 10, Concession 9, Community of Bloomington Town File Nos. 19T-83015, ZBA07.029, 19T-86101 & ZBA07.030 (D12) 2. June 1, 2010 – Council in Committee Report – Status Report 2036737 Ontario Inc. and 2022988 Ontario Inc. Proposed Plans of Subdivision & Zoning By-law Amendments Part of Lots 9 & 10, Concession 9, Hamlet of Bloomington Town File Nos. 19T-83015, ZBA07.024, 19T-86101 & ZBA07.025 (D14) 3. April 15, 2014 – Council Report – Request for Extension of Draft Approval, 2036737 Ontario Inc. & 2022988 Ontario Inc., Part of Lots 9 & 10, Concession 9 (Bloomington), Draft Plan of Subdivision File Nos. 19T-83015 & 19T-86101 (D12) 4. September 9, 2014 – Council Report – Proposed Revised Plan of Subdivision, 2036737 Ontario Inc., Part of Lot 9, Concession 9 (Bloomington), Draft Plan of Subdivision File No. 19T-83015 (D12) 5. April 4, 2017 – Council Report – Request for Extension of Draft Plan Approvals, 2036737 Ontario Inc. & 2022988 Ontario Inc., Part of Lots 9 & 10, Concession 9 (Bloomington) File Nos. 19T-83015 & 19T86101 (D12)

Authors: Casandra Bagin, Assistant Planner Hena Kabir, Manager Development Planning

For further information on this report, please contact: Haiqing Xu, Director, Development Services at 905-640-1910 ext. 2431 or via email at [email protected]

Page 6 of 6

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 53 of 135 Attachment 1 - DS-011-20

Kingstree Court Sam Davis Court Bloomington Road

Ninth Line Wallace Park Drive Castle Gate

Hill Top Trail

Knights Place SUBJECT PROPERTY PART OF LOT 10, CONCESSION 9 FILE NO. 19T-86101

Bloomington Road

Maxson Lane

Green Gables Crescent

Thornbay Drive

Wallace Park Drive

Royale Garden Way

Ninth Line

SUBJECT PROPERTY PART OF LOT 9, CONCESSION 9 FILE NO. 19T-83015

Town of Whitchurch-Stouffville Application for Extension to Draft Plan Approval 9

Part of Lot 9, Concession 9 and Part of Lot 10, Concession 9 0 25 50 100 150 200 Report No. FileDS-011-20 Nos. 19T-83015 Request and for 19T-86101 Extension of Draft Plan Approvals 20367... Page 54 of 135 m Attachment 2 - DS-011-20

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Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 56 of 135 Attachment 4 - DS-011-20 RECEIVED

Si!intecConsulting Ltd. FEBO 4 2020 () Stantec 100-401 Wellfngton Street West, Toronto, ON M5V 1E7 TOWNOF WHmlliURcH-STOUFFVILLE DEVELOPMENT SERV!CEsDEPARTMENT

February 3, 2020 File: 16062237 4

Attention: Kathryn Jones, Planner l - Development Services Department Town of Whitchurch-Stouffville 111 SandifordDrive Stouffville, ON L4A OZ8

Dear Kathryn,

Reference: Request for Extension of Draft Plan Approvals 2036737 Ontario Inc. & 2022988 Ontario Inc., Partof Lots 9 & 10, Concession 9 (Bloomington) File Nos. 19T-83015 & 19T-86101

On behalf of our Clients (2036737 Ontario Inc. & 2022988 Ontario Inc.) we respectfully request that the Town of Whitchurch-StouffvilleCouncil ('the Council') approve an extension of Draft Plan Approval for Subdivision File Nos. 19T-83015 & 19T-86101 for a period of three (3) years, with a revised lapsing date of April 4th , 2023.

The subject lands comprise two landholdings in the southeast quadrant of the Hamlet of Bloomington which are proposed to be subdivided for residential building lots. The original subdivision Files No. 19T-83015 and 19T-86101 were issued draft approval by the Region of York on October 2, 1990 and these approvals have since been revised and extended. The most recent extension is due to expire on April 4th, 2020.

Construction has commenced and our Clients have initiated work to clear the Schedule of Conditions of Draft Plan Approval for both Files. To fulfill the Schedule of Conditions, a further three (3) year extension is required. We are confident that all outstanding matters can be resolved with the proposed extended lapsing period.

The Draft Plans of Subdivision for Files No. 19T-83015 and 19T-86101 are attached to this letter.

A cheque in the amount of $12,930.00 to cover the application fee is also attached.

Regards,

STANTEC CONSULTING LTD.

�<7. Shafqat Ali Khan, P.Eng., PMP Senior Project Manager Phone: (905) 369-1035 Fax: (905) 474-9889 [email protected]

Design with community in mind

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 57 of 135 \, .,.

February 3, 2020 Kathryn Jones, Planner I - Development ServicesDepartment Page 2 of2 Reference: Request forExtension of DraftPlan Approvals 2036737 Ontario Inc. & 2022988 Ontario Inc., Partof Lots 9 &10, Concession 9 (Bloomington) File Nos.19T-83015 & 19T-86101

Attachment: Draft Plan of Subdivision 63269-S12018-07-0 3 19T-8 3015 Draft Plan ofSubdivision 63269-S2 2018-07- 3119T-86101

c. 367 37 Ontario Inc. 2022 988 Ontario Inc.

Design with community in mind

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 58 of 135 Attachment 5 – DS-011-20

SCHEDULE 1

Revised: March 24, 2020

SCHEDULE OF CONDITIONS 19T-83015 2036737 Ontario Inc. Part of Lot 9, Concession 9 Hamlet of Bloomington Town of Whitchurch-Stouffville

The Conditions of Approval of the above noted plan of subdivision, dated October 2nd, 1990, revised January 28, 1991, and subsequently revised on September 22, 1994 and on June 15, 2004. On May 12, 2011, it was the decision of the Ontario Municipal Board [Case File No. PL091143] that the approval for proposed plan of subdivision 19T-83015 be repealed and replaced. The conditions of approval were further revised on April 15, 2014, April 4, 2017, and March 24, 2020 and are as follows:

1.0 General

1.1 Approval shall relate to a “draft” plan of subdivision prepared by H. F. GRANDER Co. Ltd., File No. 63269-5/_I.DPD, Project No. 63269-SI, dated JULY 3, 2018which will include the following:

• A 15m x15 m day-lighting triangle at the intersection of Wallace Park Drive and Ninth Line

• A 5m x 5m daylighting triangle at the intersection of Wallace Park Drive and Royale Gardens Way

• A road widening across the full frontage of the site where it abuts the Ninth line of sufficient width to provide a minimum of 18 metres from the centreline of the Ninth Line

• A 2 metre widening, 40 metres in length, together with a 60 metre taper for the purposes of a northbound right turn lane, at the intersection of Wallace Park Drive and Ninth Line and/or provide an acceptable design that permits full moves at this intersection

• A table including all lot and block areas to confirm that the minimum lot area and lot frontage as required under the Comprehensive Zoning By-law is achieved.

• A temporary cul-de-sac and a 0.3 m reserve at the northerly terminus of Royale Gardens Way

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 59 of 135 2

Revised: March 24, 2020 Conditions of Draft Approval Plan of Subdivision 19T-83015 2036737 Ontario Inc.

• Provision that all internal road allowances within the Plan shall have a minimum right-of way-width of 20 metres 1.2 The Owner acknowledges and understands that prior to Final Approval of this draft plan of subdivision, an amendment to Comprehensive Zoning By- law 2010-001-ZO to implement the plan shall have come into effect in accordance with the provisions of the Planning Act. 1.3 This draft approval shall lapse on March 24, 2022 unless extended by the Town upon application by the Owner. 1.4 The Owner shall enter into a subdivision agreement with the Town agreeing to satisfy all conditions of the Town and external agencies, financial and otherwise, prior to the issuance of Final Approval. 1.5 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies or submissions required as a condition of draft approval. 1.6 The Owner acknowledges and agrees not to commence the stripping of topsoil or rough grading on the site, or, the removal of any trees, in the absence of an approved subdivision agreement or pre-servicing agreement with the Town. 1.7 The Owner acknowledges and agrees in the subdivision agreement that all lots or blocks to be left vacant for longer than a specified period of time shall be graded, seeded, and maintained to the satisfaction of the Town. 1.8 Prior to the execution of the subdivision agreement, the Owner will submit a geotechnical report that addresses the suitability of the lands for residential development and the construction of municipal roads and infrastructure, prepared by a qualified engineer, to the Town for review and approval. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision Agreement is executed. 1.9 The Owner covenants and agrees prior to the issuance of Final Approval that any abandoned wells located on the property will be decommissioned in accordance with O.Reg. 903 and shall provide a record of certification to the Town and the Region of York from a qualified individual confirming compliance. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision Agreement is executed. 1.10 Prior to the execution of the subdivision agreement, the Owner will submit a water budget / water balance report which assesses the implications of suburban development on the subject lands, prepared by the qualified individual, for the Town and the Toronto and Region Conservation Authority for review and approval. At the time of drafting these conditions the design

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 60 of 135 3

Revised: March 24, 2020 Conditions of Draft Approval Plan of Subdivision 19T-83015 2036737 Ontario Inc.

submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision Agreement is executed. 1.11 The Owner covenants and agrees in the subdivision agreement to complete a hydrogeologic investigation to establish the high water table across the site to ensure that basement footings are a minimum of 1 metre (3 ft) above the high water table level. This work will be completed and submitted to the Town for review and approval prior the issuance of Final Approval and Registration of the Plan. Further, as a condition to the issuance of a building permit, the Owner covenants and agrees in the subdivision agreement, that test pits at the location of the proposed dwelling will be completed to determine the observed high groundwater location specific to the proposed Lot, and, that future residential footings will be constructed a minimum of 1 metre (3 ft) above the high water table level. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision Agreement is executed. 1.12 Prior to the execution of the subdivision agreement, final approval of the plan for registration, and/or additional construction import of excess soil and/or building construction activity occurring on site to the sole satisfaction of the Town Engineer, the Owner’s Engineer will provide the Town with a plan that indicates what quantity of fill was imported to the property since December 2017 and the quantity of fill remaining to be brought to the site to finalize the grading. The Owner further knowledges and agrees in the Subdivision Agreement and or any other Town agreement that fill import and/or export following March 24, 2020 will be subject to the customary fees and changes payable under the Fill By-law without any exemption for development lands. In addition to the Owner’s retained QPESA Arcadis monitoring, the Town will verify volume (using its own surveys) to calculate the fees that will be payable by the Owner for the fill imported or exported following March 24, 2020. 1.13 The Owner agrees and covenants in the Subdivision Agreements and/or other Town Agreements that if during construction of any infrastructure or buildings within the Subdivision contaminated Lands are discovered, the Owner shall undertake, at their expense, the necessary measures to identify and deal with the contaminant, in accordance with Ministry of the Environment and Climate Change guidelines, the Town’s current Fill By-Law 2019-068-RE as may be amended from time to time and or other guidelines as appropriate, to the satisfaction of the Town (Town). 1.14 The Owner agrees and covenants in the Subdivision Agreements and/or other Town Agreements that prior to registration of the Plan, the Owner shall obtain a Letter of Acknowledgement of the Filing of a Record of Site Condition from the Ministry of Environment and Climate Change for the entire land parcel for the applicable land use. Table 2 from the MECP guidelines for Residential/Parkland/Institutional Property Use shall be used (Town).

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Revised: March 24, 2020 Conditions of Draft Approval Plan of Subdivision 19T-83015 2036737 Ontario Inc.

1.15 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a Neighbourhood Information Plan for review and approval by the Town as a part of the Engineering design and to install the same in every sales office associated with this plan for the benefit of prospective purchasers. This Neighbourhood Information Plan shall contain, at a minimum, the following as information as it becomes available a. Sidewalks, as applicable, including sidewalks connecting to existing external subdivisions; b. Driveways; c. Above ground utilities; d. Naturalized areas; e. Stormwater management ponds and maintenance accesses; f. Parks and environmentally sensitive blocks g. Transit routes and transit stops (existing and proposed); h. Information of the development of the other lands owned by the Applicant; i. Active transportation routes; j. Canada Post boxes; and k. Street furniture. 1.16 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to convey the stormwater pond lands in Block 33 without monetary consideration, and shall be free of all encumbrances. 1.17 The Owner covenants and agrees to retain an engineering consultant that will design public infrastructure for the use of pedestrians/public compliant with the AODA requirements and acceptable to the Town’s Operating Departments. 1.18 The Owner covenants and agrees in the Subdivision Agreements and/or other Town Agreements that if revisions to the approved Draft Plan of Subdivision result in additional conveyances to the Town, that the Owner shall dedicate these lands to the Town without monetary consideration and these lands shall be free of all encumbrances.

2.0 Roads

2.1 The road allowances included within this draft plan of subdivision shall be dedicated as public highways without monetary consideration and shall be free of all encumbrances. 2.2 The road allowances included within this draft plan of subdivision shall be named to the satisfaction of the Town and the Region of York Planning & Development Services Department. 2.3 Any dead ends or open sides of road allowances created by this draft plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the Town without monetary consideration and free of all encumbrances, to be

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Revised: March 24, 2020 Conditions of Draft Approval Plan of Subdivision 19T-83015 2036737 Ontario Inc.

held by the Town, until required for future road allowances or development of adjacent lands. 2.4 The Owner shall covenant and agree in the subdivision agreement that the public highways, daylighting triangles, etc. shall be designed and constructed in accordance with established municipal standards to the satisfaction of the Town. 2.5 The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles and any necessary easements where required at the Owner’s expense. The Owner shall also covenant and agree in the subdivision agreement to remove the temporary turning circles and restore the streets to their normal condition at the Owner’s expense when required by the Town and to the satisfaction of the Town. The design of temporary turning circles, and any implications on surrounding land uses, shall be addressed in the subdivision agreement to the satisfaction of the Town. 2.6 The Owner shall covenant and agree in the subdivision agreement that construction access into the subdivision lands shall be exclusively from Ninth Line. 2.7 The Owner shall covenant and agree in the subdivision agreement to prepare a street tree planting plan which shall include a minimum of two trees per residential lot, averaging a spacing interval of 10 metres, recognizing the constraints associated with driveway locations and the placement of above ground utility pads / pedestals, etc. The minimum caliper of trees shall be 75 mm. The size, spacing and species selected shall be to the satisfaction of the Town. 2.8 The Owner shall submit a Streetscape Plan, prepared by a qualified Landscape Architect in good standing with the O.A.L.A., to the satisfaction of the Town. The Streetscape Plan shall include all roads internal to the subdivision and the eastern limits of the Ninth Line Road Allowance across the property frontage. 2.9 The Owner covenants and agrees that the detailed design and the construction of all approved landscaping shall be completed in accordance with the provisions of the approved Streetscape Plan and at no cost to the Town. 2.10 The Owner shall engage the services of a consultant to prepare and submit for review, a noise study to the satisfaction of the Town and the Region of York, for the residential development that frames the Ninth Line. The Study shall recommend noise attenuation features and the Owner shall agree to implement the noise attenuation features to the satisfaction of the Town and the Region of York. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision Agreement is executed. 2.11 The following warning clause shall be included in the subdivision agreement with respect to the lots affected or influenced by the approved Noise Study:

Report No. DS-011-20 Request for Extension of Draft Plan Approvals 20367... Page 63 of 135 6

Revised: March 24, 2020 Conditions of Draft Approval Plan of Subdivision 19T-83015 2036737 Ontario Inc.

“Purchasers are advised that despite the inclusion of noise attenuation features within the development area and within the individual building units, noise levels will continue to increase, occasionally interfering with some activities of the building’s occupants.” 2.12 Where noise attenuation features will abut the Ninth Line right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to the Town and the Region of York, as follows:

a. That no part of any noise attenuation feature shall be constructed on or within the Ninth Line right-of-way

b. That noise fences adjacent to the Ninth Line right-of-way may be constructed on the private side of the 0.3 metre reserve and may be a maximum of 2 metres in height, subject to the Town’s concurrence

c. The maintenance of the noise attenuation features and fences bordering the Ninth Line right-of-way as referenced in Condition 2.12 b) shall not be the responsibility of the Town or the Region of York. 2.13 The Owner covenants and agrees in the subdivision agreement to construct Royale Gardens Way to the northern terminus of the plan of subdivision as part of the first phase of development for this property. 2.14 The Owner covenants and agrees in the subdivision agreement that the design and construction of the Wallace Park Drive crossing over the tributary to the Little Rouge Creek (between Blocks 38 & 39) shall be completed to the satisfaction of the Town and the Toronto and Region Conservation Authority. The crossing design and any construction / post construction mitigative measures shall be completed in a fashion consistent with the conclusions / recommendations of the approved Environmental Impact Study as set out in Condition 3.1. Further, the Owner covenants that the abutments for the road crossing will be outside of the greater of the meander belt or the 100 year erosion limit of the tributary.

3.0 Environmentally Sensitive Lands

3.1 The Owner shall complete an Environmental Impact Study (EIS) which will confirm the limits of development affecting Blocks 38 & 39. The EIS shall confirm the limits of development; establish the required environmental buffer; identify any edge management practices that should be employed to protect the adjacent environmental feature; identify areas in Key Natural Heritage Feature that would be enhanced through additional plantings; and, the best management practices that should be incorporated into the adjacent suburban area to mitigate any impacts so as to ensure the continued

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ecological function of the Key Natural Heritage Feature. The EIS shall be completed to the satisfaction of the Town and the Toronto and Region Conservation Authority for approval prior to the issuance of Final Approval. 3.2 The Owner covenants and agrees in the subdivision agreement to prepare a Landscaping and Open Space Plan, prepared by a qualified Landscape Architect in good standing with the O.A.L.A., which identifies planting within Blocks 38 & 39 and preservation practices to protect and enhance the ecological integrity of the Key Natural Heritage Feature. The identified Landscaping and Open Space Plan shall be submitted by the Owner and approved by the Town and the Toronto and Region Conservation Authority. The Landscaping and Open Space Plan shall implement the conclusions / recommendations of the approved EIS as set out in Condition 3.1. 3.3 If the geotechnical report, as set out in Condition 1.8, indicates the potential for interaction between underground services / utilities, stormwater management facilities, etc. and groundwater resources, the Owner covenants and agrees in the subdivision agreement to properly account for this matter in the submission of engineering drawings so as to minimize the impact on groundwater resources and to maintain existing contributions to the wetland and creek baseflows. 3.4 The Owner shall covenant and agree in the subdivision agreement that the detailed design and the completion of all approved landscaping as required by Conditions 3.1 & 3.2 shall be at no cost to the Town and the Toronto and Region Conservation Authority, and shall be completed in accordance with the approved Landscaping and Open Space Plan. 3.5 The Owner shall covenant and agree in the subdivision agreement that Blocks 38 & 39 shall be dedicated to the Toronto and Region Conservation Authority, at no cost and free of all encumbrances as part of the issuance of Final Approval and Registration of the first phase of development. 3.6 In accordance with the applicable provisions of Section 51.1 of the Planning Act, the Town will seek the payment of cash-in-lieu for the provision of parkland. Where parkland is dedicated to the Town under the adjacent plan 19T(W)86.101, the lands shall be unencumbered by endangered species. A payment of cash-in-lieu will be required for any lands or portions thereof that are proposed to be dedicated to the Town and that are encumbered by any endangered species to the sole satisfaction of the Town. 3.7 The Owner covenants and agrees in the subdivision agreement or other Town Agreements to obtain approval from the Ministry of Natural Resources and Forestry prior to initiating development near or adjacent to Butternut Trees and/or associated buffer for the protection of the same located within the plan. 3.8 The following warning clause shall be included in the subdivision agreement with respect to lots 3, 4, 5 and 8 due to the presence of Butternut trees:

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“Purchasers are advised that the property contains an endangered species due to the presence of Butternut tree(s). The purchaser is hereby advised that approval from the Ministry of Natural Resources and Forestry is required prior to any development near the Butternut tree(s).”

4.0 Municipal Services

4.1 Prior to the issuance of Final Approval, the Owner shall submit a stormwater management study, prepared by a qualified engineer, detailing the provision of stormwater quality and quantity management facilities, hydraulic gradelines, overland flow routes, erosion and siltation controls (construction and post construction) for approval by the Town and the Toronto and Region Conservation Authority (TRCA). The Owner acknowledges and agrees that they will be required to construct the proposed stormwater management facilities and associated infrastructure, provide any easements for stormwater management facilities and infrastructure / overland flow routes, as the case may be. The easements for stormwater infrastructure / overland flow routes shall be conveyed to the Town and the TRCA, if required, upon registration of the plan of subdivision. 4.2 The Owner shall acknowledge and agree in the subdivision agreement that the development of the plan of subdivision shall be serviced by private individual drilled wells and individual private septic systems. 4.3 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be requested until the Chief Building Official has been advised by the Town Engineer that drilled wells, private septic systems, utilities, the central pressurized fire hydrant system or commitment to install individual Ontario Building Code-compliant residential fire sprinkler systems, and roads satisfactory to the Town Engineer are available to the Lots, except that building permits may be issued by the Town for model homes upon terms and conditions established by the Town. 4.4 Prior to the issuance of Final Approval for the draft plan, or any phase thereof, detailed engineering drawings shall be provided by the Owner, which have been prepared by a qualified engineer, which will include, but not limited to grading control plans, plan and profile drawings of all underground and above ground services, general plans, drainage plans, composite utility plans, stormwater management detail plans, etc. to the satisfaction of the Town. 4.5 The Owner shall covenant and agree in the subdivision agreement to design, construct, and/or pay for the construction of public highways, curbs, gutters, roadside ditches and culverts, underground and above ground services, streetlights, utilities, stormwater management facilities, street and directional signs, etc. to the satisfaction of the Town.

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4.6 The Owner shall satisfy the Town with respect to any and all financial obligations for external municipal works that are necessary to facilitate the development of the draft plan lands prior to the issuance of Final Approval for the draft plan, or any phase thereof. 4.7 The Owner shall covenant and agree in the subdivision agreement to install individual Ontario Building Code-compliant residential fire sprinkler systems in each building.

5.0 Individual Private Sewage Disposal System and Private Wells

5.1 Each Lot shall be serviced with an individual private sewage disposal system installed to meet the requirements of the Town and Part 8 of the Ontario Building Code. 5.2 Primary leaching bed areas shall be provided on each Lot, with the size of the areas based on the "T" time for existing native soil conditions and/or that of any imported fill material, and with their locations to be in areas where existing site conditions exhibit an average slope not exceeding 1:4 (25%). 5.3 Individual test cuts in the proposed leaching bed area shall be completed and inspected on each Lot at the time that application is made for a certificate of approval for, and prior to installation of, a private sewage disposal system for that Lot. 5.4 A consultant, specializing in the design and installation of private sewage disposal systems, shall be retained to submit the necessary detailed site plan with each application for a certificate of approval for a private sewage disposal system. 5.5 A detailed site plan showing the existing and proposed grades, site grading, locations of or envelopes for all buildings and structures, including finished floor elevations, amenity areas, driveways, primary and reserve leaching bed areas, septic tanks, pump tanks, siphon tanks, balancing tanks, distribution boxes, municipal water supply, drainage swales, drainage direction and other pertinent information, including storm drainage and erosion and sedimentation control features, shall be submitted with each application for a certificate of approval for a private sewage disposal system. 5.6 Only sewage, and no other wastes such as water softener backwash or high efficiency furnace condensate, shall be directed into the private sewage disposal system unless the system is specifically designed to accommodate these flows. 5.7 All raised leaching bed areas shall be provided with a mantle 15 metres minimum in length and of sufficient depth in any direction in which sewage may flow laterally after leaving the leaching bed area, and shall be sodded immediately upon completion.

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5.8 No structures (including foundations for antennas, satellite dishes, etc.), accessory buildings, heat pump heat exchange grids or swimming pools shall be located within the primary leaching bed area. 5.9 No landscaping involving decks, berms, foundations, patios, walkways, driveways or newly planted trees shall be permitted in the primary leaching bed area. 5.10 No automatic sprinkler devices or stormwater infiltration systems shall be located within or close enough to the active leaching bed area that they may adversely affect the operation or effectiveness of the leaching bed area. 5.11 No eavestrough discharge, sump pump discharge, surface water or storm drainage shall be directed into the private sewage disposal sewage system or discharged either into the ground or onto the ground surface in the vicinity of the primary leaching bed area. 5.12 Prior to the initiation of any grading, temporary fencing shall be installed around designated prime bed area to preserve existing native soils in their natural state. 5.13 Removal of temporary fencing, removal of topsoil, and grading shall only be carried out on a Lot by Lot basis with light construction equipment immediately prior to the construction of the leaching bed. 5.14 All wells will be drilled to the lower portion of the Oak Ridges Moraine Aquifer Complex (more than 45 m below grade) with a minimum 1.8 m length of stainless steel screen and constructed in accordance with O.Reg. 903. 5.15 All operational wells should be certified by a qualified professional to confirm well yield and groundwater quality. The Owner covenants and agrees in the subdivision agreement to include this provision in the Purchase and Sales Agreements. 5.16 A submersible pump with a restricted pumping rate of 22.5 L/minute shall be installed in each well. The pump should be installed a minimum of two-thirds of the well depth to allow for sufficient available head to provide buffering from other future off-site takings. The Owner covenants and agrees in the subdivision agreement to include this provision in the Purchase and Sales Agreements. 5.17 Underground sprinkler systems shall be prohibited as the potential impacts of additional water supply was not taken into account for the evaluation period completed. 5.18 Prior to final approval, the Owner shall complete, to the satisfaction of the Town and the Region, Stages 1 and 2 of the Groundwater Monitoring Program approved by the Town on May 3rd, 2011 (referenced as Draft #8), as set out within Attachment No. 3 to the Report of that date related to this Plan. This shall include baseline data collection, including a survey of existing area wells and the installation of nine (9) monitoring wells, a continuous pump test to assess the impact of water taking of the Plan as if it was fully built out, and

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analysis is based on this data of the cumulative impact of development planned for the Hamlet of Bloomington. 5.19 The Owner shall agree in the subdivision agreement, to complete Stage 3 and 4 of the Groundwater Monitoring Program referred to in Condition 5.18. This shall include monitoring of the nine (9) groundwater monitoring wells and submission of a Year End report within sixty (60) days of the end of each calendar year following occupancy of the first home summarizing the results observed in the monitoring wells. The monitoring program shall continue for a minimum of one (1) year after the full occupancy of all residential units. 5.20 Prior to final approval, the Owner shall post financial securities for the Groundwater Monitoring Program to the satisfaction of the Town.

6.0 Utilities

6.1 Prior to the execution of the subdivision agreement for the draft plan, the Owner shall prepare an overall composite utility plan to the satisfaction of the Town and all affected authorities / service providers. 6.2 The Owner shall covenant and agree in the subdivision agreement that hydro electric, telephone, telecommunication services, gas and television cable services, shall be constructed at no cost to the Town, or where applicable the Region, as underground facilities within the public highway allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Town and affected authorities / service providers. 6.3 The Owner shall covenant and agree in the subdivision agreement to enter into any agreement(s) required by any applicable utility company(ies) to undertake the installation of utilities consistent with the approved Composite Utility Plan. 6.4 The Owner shall covenant and agree in the subdivision agreement with respect to the provision of natural gas distribution to:

a. make satisfactory arrangements with the appropriate service authority to install all of the natural gas distribution system within the proposed public highway allowance;

b. grade all streets to final elevation prior to the installation of the gas lines;

c. provide the necessary field survey information required for the installation of the gas distribution system, all to the satisfaction of the Town and the service provider.

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7.0 Canada Post

7.1 The Owner shall covenant and agree in the subdivision agreement to include on all offers of purchase and sale, a statement that advises the prospective purchaser that mail delivery will be from a designated community mail box. The Owner will be responsible for notifying the purchaser of the exact community mail box locations prior to the closing of any home sale. 7.2 Prior to the release for registration of the draft plan of subdivision, the Owner will consult with Canada Post Corporation and the Town to determine suitable locations for the placement of community mailboxes, and, will indicate on the appropriate servicing plans:

a. the location of community mail boxes;

b. an appropriately sized section of concrete pad as per municipal standards to place the community mailbox on;

c. any required walkways across the boulevard, as per Town requirements; and,

d. any required curb depressions for wheelchair access to the satisfaction of the Town and Canada Post. 7.3 The Owner shall covenant and agree in the subdivision agreement to provide suitable temporary community mailbox location(s), which may have to be utilized by Canada Post until the curbs, sidewalk and final grading have been completed at the permanent community mailbox locations.

8.0 Development Charges

8.1 The Owner covenants and agrees to provide written notice of all development charges related to the subdivision development, including payments made and any amounts owing, to all first purchasers of lands within the first phase of the draft plan at the time the lands are transferred to the first purchasers. 8.2 The Owner shall enter into an agreement with the Regional Municipality of York agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation in accordance with the approved Regional Development Charges By- law, as may be amended from time to time.

9.0 Environmental Clearance

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expense, the necessary measures to identify and deal with the contaminate, in accordance with Ministry of the Environment, Conservation and Parks guidelines, or other guidelines as appropriate, to the satisfaction of the Town.

10.0 Heritage and Archeological Resources

10.1 Prior to the issuance of Final Approval of the first phase of the draft plan, the Owner shall carry out a cultural heritage assessment for the lands to ensure the proper assessment and identification of built heritage and archaeological resources, and further, to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town and the Ministry of Heritage, Sport, Tourism, and Culture Industries. No demolition, grading, filling or any form of soil disturbances shall take place on the lands prior to the issuance of a letter from the Ministry of Heritage, Sport, Tourism, and Culture Industries to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements. 10.2 The Owner covenants and agrees in the subdivision agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Heritage, Sport, Tourism, and Culture Industries.

11.0 Region of York

11.1 The Owner shall have prepared, by a qualified professional transportation consultant, a functional transportation report/plan outlining York Region road improvements for this subdivision. The report/plan, submitted to the York Region Transportation Services Department for review and approval, shall explain all transportation issues and shall recommend mitigative measures for these issues. 11.2 The Owner shall agree in the subdivision agreement, in wording satisfactory to York Region Transportation Services Department, to implement the recommendations of the functional transportation report/plan as approved by the York Region Transportation Services Department. 11.3 The Owner shall submit detailed engineering drawings, to the York Region Transportation Services Department for review and approval, that incorporate the recommendations of the functional transportation report/plan as approved by York Region Transportation Services Department. Additionally, the engineering drawings shall include the subdivision storm drainage system, erosion and siltation control plans, site grading and servicing, plan and profile drawings for the proposed intersections, construction access and mud mat design, utility and underground servicing location plans, pavement markings,

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electrical drawings for intersection signalization and illumination design, traffic control/construction staging plans and landscape plans. 11.4 Prior to final approval, the Owner shall provide a set of engineering drawings, approved by the Town, which indicate the storm drainage system, the overall grading plans and all proposed accesses onto York Region roads, for all lands within this plan of subdivision, to the York Region Transportation Services Department for verification that all York Region’s concerns have been satisfied. 11.5 Prior to final approval and concurrent with the submission of the subdivision servicing application (MECP) to the Town, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to a Regional road, to the Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings:

a. Plan and Profile for the Regional road and intersections; b. Grading and Servicing; c. Intersection/Road Improvements, including the recommendations of the Traffic Report; d. Construction Access Design; e. Utility and underground services Location Plans; f. Signalization and Illumination Designs; g. Line Painting; h. Traffic Control/Management Plans; i. Erosion and Siltation Control Plans; j. Landscaping Plans, including tree preservation, relocation and removals. 11.6 Prior to final approval, the Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Engineering Department of the Town. Three (3) sets of engineering drawings (stamped and signed by a professional engineer), and MECP forms together with any supporting information, shall be submitted to the York Region Transportation Services Department, Attention: Mrs. Eva Pulnicki, P.Eng. 11.7 The location and design of the construction access for the subdivision shall be completed to the satisfaction of the York Region Transportation Services Department and illustrated on the Engineering Drawings. 11.8 Any existing driveway(s) along York Region road frontage shall be removed as part of the subdivision work, at no cost to York Region. 11.9 The streetline elevations shall generally be 0.3 metres above the centerline elevation of the adjacent regional roadways. Should this not be feasible, prior to final approval, an alternative proposal with sufficient detail shall be prepared and submitted to York Region for their review and approval.

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11.10 Prior to final approval, the Owner shall provide a copy of the approved duly executed local subdivision agreement to York Region, outlining all requirements of York Region. 11.11 The Owner shall submit drawings depicting the following to the satisfaction of York Region:

a. All existing woody vegetation within the Regional Road right-of-way;

b. Tree protection measures to be implemented on and off the Regional Road right- of-way to protect right-of-way vegetation identified for preservation;

c. Any woody vegetation within the Regional Road right-of-way that is proposed to be removed or relocated. However, it is to be noted that tree removal within Regional Road rights of way shall be avoided to the extent possible/practical. Financial or other compensation may be sought based on the value of trees proposed for removal;

d. A planting plan for all new and relocated vegetation to be planted within the Regional Road right-of-way, based on the following general guideline: Tree planting shall be undertaken in accordance with York Region standards as articulated in Streetscaping Policy and using species from the Regional Street Tree Planting List. These documents may be obtained from the Forestry Section. If any landscaping or features other than tree planting (e.g. flower beds, shrubs) are proposed, they will require the approval of the local municipality and be supported by a maintenance agreement between the municipality and York Region for area municipal maintenance of these features. In addition, the agreement should indicate that where the Town does not maintain the feature to the Region’s satisfaction, the area municipality will be responsible for the cost of maintenance or removal undertaken by the Region. 11.12 Any landscaping provided on a York Region right-of-way by the Owner or the Town for aesthetic purposes must be approved by the York Region Transportation Services Department and shall be maintained by the Town with the exception of the usual grass maintenance. 11.13 The following lands shall be conveyed to York Region for public highway purposes, free of all costs and encumbrances:

a. a widening across the full frontage of the site where it abuts Ninth Line of sufficient width to provide a minimum of 18 metres from the centerline of construction of the Ninth Line;

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b. a 15 metre by 15 metre daylight triangle at the intersection of Wallace Park Drive and Ninth Line;

c. an additional 2.0 metre widening, 40 metres in length, together with a 60 metre taper for the purpose of a northbound right turn lane at the intersection of Wallace Park Drive and Ninth Line;

d. a 0.3 metre reserve across the full frontage of the site where it abuts Ninth Line and adjacent to the above noted widenings. A reserve is not required across approved access locations. 11.14 The Owner shall provide a solicitor's certificate of title in a form satisfactory to the York Region Solicitor, at no cost to York Region, with respect to the conveyance of all lands required by York Region. 11.15 In order to determine the property dedications (if any) required to achieve the ultimate right-of-way width of Ninth Line abutting the subject site, the applicant shall submit a recent plan of survey for the property that illustrates the existing centre line of the Ninth Line. 11.16 Prior to Final Approval, York Region requires the Owner to submit to it, in accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified professional, of the Owner’s lands and more specifically of the lands to be conveyed to York Region (the “Assessment”). Based on the findings and results of the Assessment, York Region may require further study, investigation, assessment and delineation to determine whether any remedial or other action is required. The Assessment and any subsequent environmental reports or other documentation prepared in respect of the environmental condition of the lands to be conveyed must to be addressed to York Region, contain wording to the effect that York Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or documentation shall be satisfactory to York Region. 11.17 Prior to Final Approval, the Owner shall certify, in wording satisfactory to the York Region Transportation and Works Department, that no contaminant, pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to York Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by York Region at the time of conveyance or any other remediation standards published or administered by governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from

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such lands in such a way, that would result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or other documentation and the Owner’s certification shall be done at no cost to York Region. 11.18 Condition intentionally deleted. 11.19 The intersection of Wallace Park Drive and the Ninth Line shall be designed to the satisfaction of the York Region Transportation Services Department with any interim or permanent intersection works including turning lanes, profile adjustments, illumination and/or signalization as deemed necessary by the York Region Transportation Services Department. 11.20 Prior to final approval, the Owner shall engage the services of a consultant to prepare and submit for review and approval, a noise study to the satisfaction of the Community Planning and Development Services Division recommending noise attenuation features. 11.21 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, to implement the noise attenuation features as recommended by the noise study and to the satisfaction of the Community Planning and Development Services Division. 11.22 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, that where berm, noise wall, window and/or oversized forced air mechanical systems are required, these features shall be certified by a professional engineer to have been installed as specified by the approved Noise Study and in conformance with the Ministry of the Environment, Conservation and Parks guidelines and the York Region Noise Policy. 11.23 The following warning clause shall be included in a registered portion of the subdivision agreement with respect to the lots or blocks affected:

"Purchasers are advised that despite the inclusion of noise attenuation features within the development area and within the individual building units, noise levels will continue to increase, occasionally interfering with some activities of the building's occupants". 11.24 Where noise attenuation features will abut a York Region right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to York Region’s Community Planning and Development Services Division, as follows:

a. that no part of any noise attenuation feature shall be constructed on or within the York Region right-of-way;

b. that noise fences adjacent to York Region roads may be constructed on the private side of the 0.3 metre reserve and may be a maximum 2.5 metres in height, subject to the area municipality's concurrence;

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c. that maintenance of the noise barriers and fences bordering on York Region right-of-ways shall not be the responsibility of York Region; and

d. that any landscaping provided on York Region right-of-way by the Owner or the area municipality for aesthetic purposes must be approved by the Community Planning and Development Services Division and shall be maintained by the area municipality with the exception of the usual grass maintenance. 11.25 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, to be responsible to decommission any existing wells on the owner's lands in accordance with all applicable provincial legislation and guidelines and to the satisfaction of the area municipality. 11.26 Prior to final approval, the Owner shall demonstrate, to the satisfaction of the Community Planning and Development Services Division, that all local underground services will be installed within the area of the development lands and not within York Region’s road allowance. If a buffer or easement is needed to accommodate the local services adjacent to York Region’s right- of-way, then the Owner shall provide a satisfactory buffer or easement to the Area Municipality, at no cost to the Region. 11.27 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division that the Owner will be responsible for determining the location of all utility plants within York Region right-of-way and for the cost of relocating, replacing, repairing and restoring any appurtenances damaged during construction of the proposed site works. The Owner must review, or ensure that any consultants retained by the Owner, review, at an early stage, the applicable authority’s minimum vertical clearances for aerial cable systems and their minimum spacing and cover requirements. The Owner shall be entirely responsible for making any adjustments or relocations, if necessary, prior to the commencement of any construction. 11.28 The Owner shall prepare a Transportation Demand Management (TDM) Plan letter to address the following comments to the satisfaction of York Region:

a. A TDM checklist that summarizes the programs and measures, estimated costs and responsibility of the applicant to implement TDM recommendations. (See page 47 of the York Region Transportation Mobility Plan Guidelines, November 2016, for details)

b. A TDM communication strategy, to assist York Region and the Town to effectively deliver the Information Packages and pre-loaded

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PRESTO Cards to residents. This strategy shall also include a physical location for distribution of the Information Packages and pre- loaded PRESTO Cards.

12.0 Toronto and Region Conservation Authority

12.1 Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, the owner shall:

a. submit a detailed engineering report for the review and approval of the Toronto and Region Conservation Authority (TRCA) that describes the storm drainage system (quantity and quality) for the proposed development of the subject lands. This Report shall include:

i. plans illustrating how this drainage system will tie into surrounding drainage systems. Matters to be discussed, but are not necessarily limited to, include: overall drainage scheme for the catchment area; the accounting for external flows and how it will be accommodated; and, the design capacity of the receiving system;

ii. storm water management techniques which may be required to control minor and major flows;

iii. appropriate Stormwater Management Practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to fish and their habitat, groundwater recharge and infiltration, etc.;

iv. proposed method for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction;

v. location and description of all outlets and other facilities which may require a permit pursuant to O.Reg. 166/06 (TRCA Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses)

b. submit overall grading plans for the subject lands;

c. submit a monitoring program for the wetland communities on the subject lands for each phase of development. The monitoring program

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shall include the collection of baseline water quality throughout the development process to include the following parameters: N, P, TSS, heavy metals, chlorides, temperature and water level / piezo data.

d. identify any permits and/or approvals that will be necessary to be secured from the TRCA. 12.2 The Owner covenants and agrees in the subdivision agreement, in wording acceptable to the TRCA:

a. to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical report referenced in Condition 12.1;

b. to undertake a monitoring program for each phase of development, as described in Condition 12.1 c);

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

d. to obtain all necessary permits pursuant to O.Reg. 166/06 or other approvals from the TRCA; and

e. to obtain Authorization under the Federal Fisheries Act, if required, through the submission of a comprehensive fish habitat compensation package for the harmful alteration, disruption or destruction of fish habitat.

13.0 Architectural Control

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13.3 The Owner shall covenant and agree in the subdivision agreement to have the design consultant who prepared the approved architectural control manual to certify that each building permit application is designed in accordance with the said approved manual prior to the building permit being issued by the Chief Building Official. Further, the cost associated with the review and certification of the building permit application by the control architect shall be borne by the Owner.

14.0 External Clearances

14.1 Prior to release for registration of the draft plan, or any phase thereof, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows:

a. The Regional Municipality of York Planning & Development Services Department shall advise that Conditions 1.9, 2.2, 2.10 to 2.12 inclusive, 5.18 to 5.20 inclusive, 8.2 and 11.1 to 11.28 inclusive have been satisfied;

b. The Toronto and Region Conservation Authority shall advise that Conditions 1.10, 2.14, 3.1 to 3.5 inclusive, 4.1, 12.1 and 12.2 have been satisfied;

c. The Ministry of Heritage, Sport, Tourism, and Culture Industries shall advise that Conditions 10.1 and 10.2 have been satisfied;

d. Enbridge Consumers Gas shall advise that Conditions 6.1 to 6.4 inclusive have been satisfied;

e. Canada Post Corporation shall advise that Conditions 7.1 to 7.3 inclusive have been satisfied. 14.2 Scoped list of reports/studies to be submitted to the Town in accordance with the above conditions, included but not limited to:

a. Soils/Geotechnical Report in accordance with condition 1.8;

b. Stormwater Management Study in accordance with condition 4.1;

c. Water budget / water balance report in accordance with condition 1.10

d. Traffic Impact Study/ Functional Transportation Report/plan in accordance with condition 11.5;

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e. Noise Impact Study in accordance with condition 2.10;

f. Groundwater Monitoring Program Report in accordance with condition 5.18 and 5.19;

g. Environmental Impact Study (EIS) in accordance with condition 3.1;

h. Record of Site Condition (RSC) in accordance with condition 1.13 and 1.14;

i. Engineering Report(s), Erosion and Sediment Control, LID reports in accordance with conditions in sections 11 and 12;

j. Architectural Control Manual in accordance with condition 13.1, 13.2, and 13.3; and

k. Cultural Heritage Assessment in accordance with condition 10.1,

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SCHEDULE 1

Revised: March 24, 2020

SCHEDULE OF CONDITIONS 19T-86101 2022988 Ontario Inc. Part of Lot 10, Concession 9 Hamlet of Bloomington Town of Whitchurch-Stouffville

The Conditions of Approval of the above noted plan of subdivision, dated October 18th, 1990, and subsequently revised November 10th, 1993. On May 12th, 2011, it was the decision of the Ontario Municipal Board [Case File No. PL091143] that the approval for proposed plan of subdivision 19T-86101 be repealed and replaced. The conditions of approval were further revised on April 15, 2014 and April 4, 2017 and March 24, 2020 and are as follows:

1.0 General

1.1 Approval shall relate to a “draft” plan of subdivision prepared by H. F. GRANDER Co. Ltd., Project No. 63269-S2, Drawing No. 63269-S2_1,DPD, dated JULY 31, 2018 which will include the following:

• A 15 m x 15 m day lighting triangle at the intersection of Green Gables Lane and Bloomington Road;

• A 5 m x 5 m day-lighting triangle at the intersection of Royale Gardens Way and Green Gables Lane and Maxon Lane;

• A road widening across the full frontage of the site where it abuts the Bloomington Road, of sufficient width to provide a minimum of 18 meres from the centreline of the Bloomington Road;

• A 2 metre widening, 40 metres in length, together with a 60 metre taper for the purposes of an eastbound right turn lane at the intersection of Green Gables Lane and Bloomington Road and/or provide an acceptable design that permits full moves at this intersection;

• A temporary cul-de-sacs at the western terminus of Green Gables Lane and Maxon Lane to be included as part of the public highway with 0.3 m reserves a the west limits of the respective road allowances;

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• A table including all lot and block areas to confirm that the minimum lot area and lot frontage as required under the Comprehensive Zoning By-law is achieved.

• Provision that all internal road allowances within the Plan shall have a minimum right-of way-width of 20 metres.

1.2 The Owner acknowledges and understands that prior to Final Approval of this draft plan of subdivision, an amendment to Comprehensive Zoning By- law 2010-001-ZO to implement the plan shall have come into effect in accordance with the provisions of the Planning Act. 1.3 This draft approval shall lapse on March 24, 2022 unless extended by the Town upon application by the Owner. 1.4 The Owner shall enter into a subdivision agreement with the Town agreeing to satisfy all conditions of the Town and external agencies, financial and otherwise, prior to the issuance of Final Approval. 1.5 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies or submissions required as a condition of draft approval. 1.6 The Owner acknowledges and agrees not to commence the stripping of topsoil or rough grading on the site, or, the removal of any trees, in the absence of an approved subdivision agreement or pre-servicing agreement with the Town. 1.7 The Owner acknowledges and agrees in the subdivision agreement that all lots or blocks to be left vacant for longer than a specified period of time shall be graded, seeded, and maintained to the satisfaction of the Town. 1.8 Prior to the execution of the subdivision agreement, the Owner will submit a geotechnical report that addresses the suitability of the lands for residential development and the construction of municipal roads and infrastructure, prepared by a qualified engineer, to the Town for review and approval. At the time of drafting these conditions the design submitted to date address this condition satisfactorily, Final approval will be confirmed once the Subdivision agreement is executed. 1.9 The Owner covenants and agrees prior to the issuance of Final Approval that any abandoned wells located on the property will decommissioned in accordance with O.Reg. 903 and shall provide a record of certification to the Town and the Region of York from a qualified individual confirming compliance. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision agreement is executed.

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1.10 Prior to the execution of the subdivision agreement, the Owner will submit a water budget / water balance report which assesses the implications of suburban development on the subject lands, prepared by the qualified individual, for the Town and the Toronto and Region Conservation Authority for review and approval. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision agreement is executed. 1.11 The Owner covenants and agrees in the subdivision agreement to complete a hydrogeologic investigation to establish the high water table across the site to ensure that basement footings are a minimum of 1 metre (3 ft) above the high water table level. This work will be completed and submitted to the Town for review and approval prior the issuance of Final Approval and Registration of the Plan. Further, as a condition to the issuance of a building permit, the Owner covenants and agrees in the subdivision agreement, that test pits at the location of the proposed dwelling will be completed to determine the observed high groundwater location specific to the proposed Lot, and, that future residential footings will be constructed a minimum of 1 metre (3 ft) above the high water table level. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision agreement is executed. 1.12 The Owner agrees and covenants in the Subdivision Agreements and/or other Town Agreements that if during construction of any infrastructure or buildings within the Subdivision contaminated Lands are discovered, the Owner shall undertake, at their expense, the necessary measures to identify and deal with the contaminant, in accordance with Ministry of the Environment and Climate Change guidelines, the Town’s current Fill By-Law 2019-068-RE as may be amended from time to time and or other guidelines as appropriate, to the satisfaction of the Town (Town). 1.13 The Owner agrees and covenants in the Subdivision Agreements and/or other Town Agreements that prior to registration of the Plan, the Owner shall obtain a Letter of Acknowledgement of the Filing of a Record of Site Condition from the Ministry of Environment and Climate Change for the entire land parcel for the applicable land use. Table 2 from the MECP guidelines for Residential/Parkland/Institutional Property Use shall be used (Town). 1.14 Prior to the execution of the subdivision agreement, final approval of the plan for registration, additional import of excess soil and/or building construction activity occurring on site to the sole satisfaction of the Town Engineer, the Owner’s Engineer will provide the Town with a plan that indicates what quantity of fill was imported to the property since December 2017 and the quantity of fill remaining to be brought to the site to finalize the grading. The Owner further knowledges and agrees in the Subdivision Agreement and or any other Town agreement that fill import and/or export following March 24, 2020 will be subject to the customary fees and changes payable under the

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Fill By-law without any exemption for development lands. In addition to the Owner’s retained QPESA Arcadis monitoring, the Town will verify volume (using its own surveys) to calculate the fees that will be payable by the Owner for the fill imported or exported following March 24, 2020. 1.15 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a Neighbourhood Information Plan for review and approval by the Town as a part of the Engineering design and to install the same in every sales office associated with this plan for the benefit of prospective purchasers. This Neighbourhood Information Plan shall contain, at a minimum, the following as information as it becomes available a. Sidewalks, as applicable, including sidewalks connecting to existing external subdivisions; b. Driveways; c. Above ground utilities; d. Naturalized areas; e. Stormwater management ponds and maintenance accesses; f. Parks and environmentally sensitive blocks g. Transit routes and transit stops (existing and proposed); h. Information of the development of the other lands owned by the Applicant; i. Active transportation routes; j. Canada Post boxes; and k. Street furniture. 1.16 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to convey the stormwater pond lands in Block 45 without monetary consideration, and shall be free of all encumbrances. 1.17 The Owner covenants and agrees to retain an engineering consultant that will design public infrastructure for the use of pedestrians/public compliant with the AODA requirements and acceptable to the Town’s Operating Departments. 1.18 The Owner covenants and agrees in the Subdivision Agreements and/or other Town Agreements that if revisions to the approved Draft Plan of Subdivision result in additional conveyances to the Town, that the Owner shall dedicate these lands to the Town without monetary consideration and these lands shall be free of all encumbrances.

2.0 Roads

2.1 The road allowances included within this draft plan of subdivision shall be dedicated as public highways without monetary consideration and shall be free of all encumbrances.

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2.2 The road allowances included within this draft plan of subdivision shall be named to the satisfaction of the Town and the Region of York Planning & Development Services Department. 2.3 Any dead ends or open sides of road allowances created by this draft plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the Town without monetary consideration and free of all encumbrances, to be held by the Town, until required for future road allowances or development of adjacent lands. 2.4 The Owner shall covenant and agree in the subdivision agreement that the public highways, daylighting triangles, etc. shall be designed and constructed in accordance with established municipal standards to the satisfaction of the Town. 2.5 The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles and any necessary easements where required at the Owner’s expense. The Owner shall also covenant and agree in the subdivision agreement to remove the temporary turning circles and restore the streets to their normal condition at the Owner’s expense when required by the Town and to the satisfaction of the Town. The design of temporary turning circles, and any implications on surrounding land uses, shall be addressed in the subdivision agreement to the satisfaction of the Town. 2.6 The Owner shall covenant and agree in the subdivision agreement that construction access into the subdivision lands shall be exclusively from the Bloomington Road. 2.7 The Owner shall covenant and agree in the subdivision agreement to prepare a street tree planting plan which shall include a minimum of two trees per residential lot, averaging a spacing interval of 10 metres, recognizing the constraints associated with driveway locations and the placement of above ground utility pads / pedestals, etc. The minimum caliper of trees shall be 75 mm. The size, spacing and species selected shall be to the satisfaction of the Town. 2.8 The Owner shall submit a Streetscape Plan, prepared by a qualified Landscape Architect in good standing with the O.A.L.A., to the satisfaction of the Town. The Streetscape Plan shall include all roads internal to the subdivision and the eastern limits of the Bloomington Road road allowance across the property frontage. 2.9 The Owner covenants and agrees that the detailed design and the construction of all approved landscaping shall be completed in accordance with the provisions of the approved Streetscape Plan and at no cost to the Town. 2.10 The Owner shall engage the services of a consultant to prepare and submit for review, a noise study to the satisfaction of the Town and the Region of York, for the residential development that frames the Bloomington Road. The Study shall recommend noise attenuation features and the Owner shall agree

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to implement the noise attenuation features to the satisfaction of the Town and the Region of York. At the time of drafting these conditions the design submitted to date address this condition satisfactorily. Final approval will be confirmed once the Subdivision agreement is executed. 2.11 The following warning clause shall be included in the subdivision agreement with respect to the lots affected or influenced by the approved Noise Study:

“Purchasers are advised that despite the inclusion of noise attenuation features within the development area and within the individual building units, noise levels will continue to increase, occasionally interfering with some activities of the building’s occupants.” 2.12 Where noise attenuation features will abut the Bloomington Road right-of- way, the Owner shall agree in the subdivision agreement, in wording satisfactory to the Town and the Region of York, as follows:

a. That no part of any noise attenuation feature shall be constructed on or within the Bloomington Road right-of-way

b. That noise fences adjacent to the Bloomington Road right-of-way may be constructed on the private side of the 0.3 metre reserve and may be a maximum of 2 metres in height, subject to the Town’s concurrence

c. The maintenance of the noise attenuation features and fences bordering the Bloomington Road right-of-way as referenced in Condition 2.12 b) shall not be the responsibility of the Town or the Region of York. 2.13 The Owner covenants and agrees in the subdivision agreement to construct Green Gables Lane and Royale Gardens Way to the southern terminus of the plan of subdivision as part of the first phase of development for this property. 2.14 The Owner covenants and agrees in the subdivision agreement that the design and construction of Maxson Lane crossing over the headwaters of the Stouffville Creek (north of Block 46) shall be completed to the satisfaction of the Town and the Toronto and Region Conservation Authority. The crossing design and any construction / post construction mitigative measures shall be completed in a fashion consistent with the conclusions / recommendations of the approved Environmental Impact Study as set out in Condition 3.1.

3.0 Environmentally Sensitive Lands

3.1 The Owner shall complete an Environmental Impact Study (EIS) which will confirm the limits of development affecting Blocks 44 & 46. The EIS shall confirm the limits of development; establish the required environmental

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buffer; identify any edge management practices that should be employed to protect the adjacent environmental feature; identify areas in Key Natural Heritage Feature that would be enhanced through additional plantings; and, the best management practices that should be incorporated into the adjacent suburban area to mitigate any impacts so as to ensure the continued ecological function of the Key Natural Heritage Feature(s). The EIS shall be completed to the satisfaction of the Town and the Toronto and Region Conservation Authority for approval prior to the issuance of Final Approval. 3.2 The Owner covenants and agrees in the subdivision agreement to prepare a Landscaping and Open Space Plan, prepared by a qualified Landscape Architect in good standing with the O.A.L.A., which identifies planting within Blocks 44 & 46 and preservation practices to protect and enhance the ecological integrity of the Key Natural Heritage Feature. The identified Landscaping and Open Space Plan shall be submitted by the Owner and approved by the Town and the Toronto and Region Conservation Authority. The Landscaping and Open Space Plan shall implement the conclusions / recommendations of the approved EIS as set out in Condition 3.1. 3.3 If the geotechnical report, as set out in Condition 1.8, indicates the potential for interaction between underground services / utilities, stormwater management facilities, etc. and groundwater resources, the Owner covenants and agrees in the subdivision agreement to properly account for this matter in the submission of engineering drawings so as to minimize the impact on groundwater resources and to maintain existing contributions to the wetland and creek baseflows. 3.4 The Owner shall covenant and agree in the subdivision agreement that the detailed design and the completion of all approved landscaping as required by Conditions 3.1 & 3.2 shall be at no cost to the Town and the Toronto and Region Conservation Authority, and shall be completed in accordance with the approved Landscaping and Open Space Plan. 3.5 The Owner shall covenant and agree in the subdivision agreement that Blocks 44 & 46 shall be dedicated to the Toronto and Region Conservation Authority, at no cost and free of all encumbrances as part of the issuance of Final Approval and Registration of the first phase of development. 3.6 The Owner, prior to the issuance of Final Approval, shall complete a Slope Stability Study, prepared by a qualified individual, that will assess the southern limits of Lots 18 to 22 inclusive to confirm the proposed limits of development. The Study shall be submitted and approved by the Town and the Toronto and Region Conservation Authority. The covenants and agrees to implement the conclusions / recommendations arising from the approved Study. 3.7 The Owner, covenants and agrees in the subdivision agreement that in accordance with the applicable provisions of Section 51.1 of the Planning Act, that Parkette Block 43 be dedicated to the Town as part of the 5%

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parkland contribution. The owner acknowledges that the dedication of Block 43 does not fully satisfy the parkland dedication requirements, and that the shortfall in the required 5% parkland contribution shall be comprised of a cash-in-lieu payment to the Town pursuant to Section 51.1 of the Planning Act. Block 43 shall be dedicated to the Town, at no cost and free of all encumbrances, as part of the issuance of Final Approval and Registration of the first phase of development. A payment of cash-in-lieu will be required for any lands or portions thereof that are proposed to be dedicated to the Town and that are encumbered by any endangered species. 3.8 The Owner covenants and agrees in the subdivision agreement to improve Block 43 consistent with the Town standards as it relates to grading, topsoil application and fine grading, seeding, and, the installation of a 1.8 m high black vinyl chain link fence adjacent the north, west and south property lines. The completion of these matters will be at the sole expense of the Owner and to the satisfaction of the Town. 3.9 The Owner covenants and agrees in the subdivision agreement or other Town Agreements to obtain approval from the Ministry of Natural Resources and Forestry prior to initiating development near or adjacent to Butternut Trees and/or associated buffer for the protection of the same located within the plan.

4.0 Municipal Services

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systems, and roads satisfactory to the Town Engineer are available to the Lots, except that building permits may be issued by the Town for model homes upon terms and conditions established by the Town. 4.4 Prior to the issuance of Final Approval for the draft plan, or any phase thereof, detailed engineering drawings shall be provided by the Owner, which have been prepared by a qualified engineer, which will include, but not limited to grading control plans, plan and profile drawings of all underground and above ground services, general plans, drainage plans, composite utility plans, stormwater management detail plans, etc. to the satisfaction of the Town. 4.5 The Owner shall covenant and agree in the subdivision agreement to design, construct, and/or pay for the construction of public highways, curbs, gutters, roadside ditches and culverts, underground and above ground services, streetlights, utilities, stormwater management facilities, street name, regulatory and cautionary signage, the central pressurized fire hydrant system (if required), etc. to the satisfaction of the Town. 4.6 The Owner shall satisfy the Town with respect to any and all financial obligations for external municipal works that are necessary to facilitate the development of the draft plan lands prior to the issuance of Final Approval for the draft plan, or any phase thereof. 4.7 The Owner shall covenant and agree in the subdivision agreement to install individual Ontario Building Code (OBC)-compliant residential fire sprinkler systems in each building.

5.0 Individual Private Sewage Disposal System and Private Wells

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floor elevations, amenity areas, driveways, primary and reserve leaching bed areas, septic tanks, pump tanks, siphon tanks, balancing tanks, distribution boxes, municipal water supply, drainage swales, drainage direction and other pertinent information, including storm drainage and erosion and sedimentation control features, shall be submitted with each application for a certificate of approval for a private sewage disposal system. 5.6 Only sewage, and no other wastes such as water softener backwash or high efficiency furnace condensate, shall be directed into the private sewage disposal system unless the system is specifically designed to accommodate these flows. 5.7 All raised leaching bed areas shall be provided with a mantle 15 metres minimum in length and of sufficient depth in any direction in which sewage may flow laterally after leaving the leaching bed area, and shall be sodded immediately upon completion. 5.8 No structures (including foundations for antennas, satellite dishes, etc.), accessory buildings, heat pump heat exchange grids or swimming pools shall be located within the primary leaching bed area. 5.9 No landscaping involving decks, berms, foundations, patios, walkways, driveways or newly planted trees shall be permitted in the primary leaching bed area. 5.10 No automatic sprinkler devices or stormwater infiltration systems shall be located within or close enough to the active leaching bed area that they may adversely affect the operation or effectiveness of the leaching bed area. 5.11 No eavestrough discharge, sump pump discharge, surface water or storm drainage shall be directed into the private sewage disposal sewage system or discharged either into the ground or onto the ground surface in the vicinity of the primary leaching bed area. 5.12 Prior to the initiation of any grading, temporary fencing shall be installed around designated prime bed area to preserve existing native soils in their natural state. 5.13 Removal of temporary fencing, removal of topsoil, and grading shall only be carried out on a Lot by Lot basis with light construction equipment immediately prior to the construction of the leaching bed. 5.14 All wells will be drilled to the lower portion of the Oak Ridges Moraine Aquifer Complex (more than 45 m below grade) with a minimum 1.8 m length of stainless steel screen and constructed in accordance with O.Reg. 903. 5.15 All operational wells should be certified by a qualified professional to confirm well yield and groundwater quality. The Owner covenants and agrees in the subdivision agreement to include this provision in the Purchase and Sales Agreements. 5.16 A submersible pump with a restricted pumping rate of 22.5 L/minute shall be installed in each well. The pump should be installed a minimum of two-thirds of the well depth to allow for sufficient available head to provide buffering

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from other future off-site takings. The Owner covenants and agrees in the subdivision agreement to include this provision in the Purchase and Sales Agreements. 5.17 Underground sprinkler systems shall be prohibited as the potential impacts of additional water supply was not taken into account for the evaluation period completed. 5.18 Prior to final approval, the Owner shall complete, to the satisfaction of the Town and the Region, Stages 1 and 2 of the Groundwater Monitoring Program approved by the Town on May 3rd, 2011 (referenced as Draft #8), as set out within Attachment No. 3 to the Report of that date related to this Plan. This shall include baseline data collection, including a survey of existing area wells and the installation of nine (9) monitoring wells, a continuous pump test to assess the impact of water taking of the Plan as if it was fully built out, and analysis is based on this data of the cumulative impact of development planned for the Hamlet of Bloomington. 5.19 The Owner shall agree in the subdivision agreement, to complete Stage 3 and 4 of the Groundwater Monitoring Program referred to in Condition 5.18. This shall include monitoring of the nine (9) groundwater monitoring wells and submission of a Year End report within sixty (60) days of the end of each calendar year following occupancy of the first home summarizing the results observed in the monitoring wells. The monitoring program shall continue for a minimum of one (1) year after the full occupancy of all residential units. 5.20 Prior to final approval, the Owner shall post financial securities for the Groundwater Monitoring Program to the satisfaction of the Town.

6.0 Utilities

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a. make satisfactory arrangements with the appropriate service authority to install all of the natural gas distribution system within the proposed public highway allowance;

b. grade all streets to final elevation prior to the installation of the gas lines;

c. provide the necessary field survey information required for the installation of the gas distribution system, all to the satisfaction of the Town and the service provider.

7.0 Canada Post

a. the location of community mail boxes;

b. an appropriately sized section of concrete pad as per municipal standards to place the community mailbox on;

c. any required walkways across the boulevard, as per Town requirements; and,

8.0 Development Charges

8.1 The Owner covenants and agrees to provide written notice of all development charges related to the subdivision development, including payments made

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and any amounts owing, to all first purchasers of lands within the first phase of the draft plan at the time the lands are transferred to the first purchasers. 8.2 The Owner shall enter into an agreement with the Regional Municipality of York agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation in accordance the approved Regional Development Charges By- law, as may be amended from time to time.

9.0 Environmental Clearance

9.1 The Owner covenants and agrees in the subdivision agreement that if during construction of any infrastructure or buildings within the subdivision contaminated lands are discovered, the Owner shall undertake, at their expense, the necessary measures to identify and deal with the contaminate, in accordance with Ministry of the Environment, Conservation and Parks guidelines, or other guidelines as appropriate, to the satisfaction of the Town.

10.0 Heritage and Archeological Resources

11.0 Region of York

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11.2 The Owner shall agree in the subdivision agreement, in wording satisfactory to York Region Transportation Services Department, to implement the recommendations of the functional transportation report/plan as approved by the York Region Transportation Services Department. 11.3 The Owner shall submit detailed engineering drawings, to the York Region Transportation Services Department for review and approval, that incorporate the recommendations of the functional transportation report/plan as approved by York Region Transportation Services Department. Additionally, the engineering drawings shall include the subdivision storm drainage system, erosion and siltation control plans, site grading and servicing, plan and profile drawings for the proposed intersections, construction access and mud mat design, utility and underground servicing location plans, pavement markings, electrical drawings for intersection signalization and illumination design, traffic control/construction staging plans and landscape plans. 11.4 Prior to final approval, the Owner shall provide a set of engineering drawings, approved by the Town, which indicate the storm drainage system, the overall grading plans and all proposed accesses onto York Region roads, for all lands within this plan of subdivision, to the York Region Transportation Services Department for verification that all York Region’s concerns have been satisfied. 11.5 Prior to final approval and concurrent with the submission of the subdivision servicing application (MECP) to the Town, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to a Regional road, to the Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings:

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information, shall be submitted to the York Region Transportation Services Department, Attention: Mrs. Eva Pulnicki, P.Eng. 11.7 The location and design of the construction access for the subdivision shall be completed to the satisfaction of the York Region Transportation Services Department and illustrated on the Engineering Drawings. 11.8 Any existing driveway(s) along York Region road frontage shall be removed as part of the subdivision work, at no cost to York Region. 11.9 The streetline elevations shall generally be 0.3 metres above the centerline elevation of the adjacent regional roadways. Should this not be feasible, prior to final approval, an alternative proposal with sufficient detail shall be prepared and submitted to York Region for their review and approval. 11.10 Prior to final approval, the Owner shall provide a copy of the approved duly executed local subdivision agreement to York Region, outlining all requirements of York Region. 11.11 The Owner shall submit drawings depicting the following to the satisfaction of York Region:

a. All existing woody vegetation within the Regional Road right-of-way;

b. Tree protection measures to be implemented on and off the Regional Road right- of-way to protect right-of-way vegetation identified for preservation;

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11.12 Any landscaping provided on a York Region right-of-way by the Owner or the Town for aesthetic purposes must be approved by the York Region Transportation Services Department and shall be maintained by the Town with the exception of the usual grass maintenance. 11.13 The following lands shall be conveyed to York Region for public highway purposes, free of all costs and encumbrances:

a. a widening across the full frontage of the site where it abuts Bloomington Road of sufficient width to provide a minimum of 18 metres from the centerline of construction of Bloomington Road;

b. a 15 metre by 15 metre daylight triangle at the intersection of Green Gables Lane and the Bloomington Road;

c. an additional 2.0 metre widening, 40 metres in length, together with a 60 metre taper for the purpose of an eastbound right turn lane at the intersection of Green Gables Lane and Bloomington Road;

d. a 0.3 metre reserve across the full frontage of the site where it abuts Bloomington Road and adjacent to the above noted widenings. A reserve is not required across approved access locations. 11.14 The Owner shall provide a solicitor's certificate of title in a form satisfactory to the York Region Solicitor, at no cost to York Region, with respect to the conveyance of all lands required by York Region. 11.15 In order to determine the property dedications (if any) required to achieve the ultimate right-of-way width of Bloomington Road abutting the subject site, the applicant shall submit a recent plan of survey for the property that illustrates the existing centre line of the Bloomington Road. 11.16 Prior to Final Approval, York Region requires the Owner to submit to it, in accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified professional, of the Owner’s lands and more specifically of the lands to be conveyed to York Region (the “Assessment”). Based on the findings and results of the Assessment, York Region may require further study, investigation, assessment and delineation to determine whether any remedial or other action is required. The Assessment and any subsequent environmental reports or other documentation prepared in respect of the environmental condition of the lands to be conveyed must to be addressed to York Region, contain wording to the effect that York Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or documentation shall be satisfactory to York Region.

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11.17 Prior to Final Approval, the Owner shall certify, in wording satisfactory to the York Region Transportation and Works Department, that no contaminant, pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to York Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by York Region at the time of conveyance or any other remediation standards published or administered by governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or other documentation and the Owner’s certification shall be done at no cost to York Region. 11.18 Condition intentionally deleted. 11.19 Condition intentionally deleted. 11.20 Prior to final approval, the Owner shall engage the services of a consultant to prepare and submit for review and approval, a noise study to the satisfaction of the Community Planning and Development Services Division recommending noise attenuation features. 11.21 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, to implement the noise attenuation features as recommended by the noise study and to the satisfaction of the Community Planning and Development Services Division. 11.22 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, that where berm, noise wall, window and/or oversized forced air mechanical systems are required, these features shall be certified by a professional engineer to have been installed as specified by the approved Noise Study and in conformance with the Ministry of Environment guidelines and the York Region Noise Policy. 11.23 The following warning clause shall be included in a registered portion of the subdivision agreement with respect to the lots or blocks affected:

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York Region’s Community Planning and Development Services Division, as follows:

a. that no part of any noise attenuation feature shall be constructed on or within the York Region right-of-way;

c. that maintenance of the noise barriers and fences bordering on York Region right-of-ways shall not be the responsibility of York Region; and

d. that any landscaping provided on York Region right-of-way by the Owner or the area municipality for aesthetic purposes must be approved by the Community Planning and Development Services Division and shall be maintained by the area municipality with the exception of the usual grass maintenance. 11.25 The Owner shall demonstrate to the satisfaction of York Region’s Community Planning and Development Services Division, that the intersection of Bloomington Road and Green Gables Lane on this plan of subdivision shall be designed to the satisfaction of York Region’s Community Planning and Development Services Division with any interim or permanent intersection works including turning lanes, profile adjustment, illumination and/or signalization as deemed necessary by York Region’s Community Planning and Development Services Division. 11.26 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division, to be responsible to decommission any existing wells on the owner's lands in accordance with all applicable provincial legislation and guidelines and to the satisfaction of the area municipality. 11.27 Prior to final approval, the Owner shall demonstrate, to the satisfaction of the Community Planning and Development Services Division, that all local underground services will be installed within the area of the development lands and not within York Region’s road allowance. If a buffer or easement is needed to accommodate the local services adjacent to York Region’s right- of-way, then the Owner shall provide a satisfactory buffer or easement to the Area Municipality, at no cost to the Region. 11.28 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Community Planning and Development Services Division that the Owner will be responsible for determining the location of all utility plants within York Region right-of-way and for the cost of relocating, replacing,

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repairing and restoring any appurtenances damaged during construction of the proposed site works. The Owner must review, or ensure that any consultants retained by the Owner, review, at an early stage, the applicable authority’s minimum vertical clearances for aerial cable systems and their minimum spacing and cover requirements. The Owner shall be entirely responsible for making any adjustments or relocations, if necessary, prior to the commencement of any construction. 11.29 The Owner shall prepare a Transportation Demand Management (TDM) Plan letter to address the following comments to the satisfaction of York Region:

b. A TDM communication strategy, to assist York Region and the Town to effectively deliver the Information Packages and pre-loaded PRESTO Cards to residents. This strategy shall also include a physical location for distribution of the Information Packages and pre- loaded PRESTO Cards.

12.0 Toronto and Region Conservation Authority

12.1 Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, the owner shall:

ii. storm water management techniques which may be required to control minor and major flows;

iii. appropriate Stormwater Management Practices to be used to treat stormwater, to mitigate the impacts of development on the

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quality and quantity of ground and surface water resources as it relates to fish and their habitat, groundwater recharge and infiltration, etc.;

iv. proposed method for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction;

b. submit overall grading plans for the subject lands;

c. submit a monitoring program for the wetland communities on the subject lands for each phase of development. The monitoring program shall include the collection of baseline water quality throughout the development process to include the following parameters: N, P, TSS, heavy metals, chlorides, temperature and water level / piezo data.

d. identify any permits and/or approvals that will be necessary to be secured from the TRCA. 12.2 The Owner covenants and agrees in the subdivision agreement, in wording acceptable to the TRCA:

a. to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical report referenced in Condition 12.1;

b. to undertake a monitoring program for each phase of development, as described in Condition 12.1 c);

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

d. to obtain all necessary permits pursuant to O.Reg. 166/06 or other approvals from the TRCA;

e. to obtain Authorization under the Federal Fisheries Act, if required, through the submission of a comprehensive fish habitat compensation

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package for the harmful alteration, disruption or destruction of fish habitat. 12.3 The Owner shall provide vehicle access to the environmentally sensitive lands on Block 44 via the Stormwater Management system on Block 45. In this regard, the Owner’s design shall include the vehicle access to Block 44 to the satisfaction of the Town Engineer and the TRCA.

13.0 Architectural Control

13.1 The Owner shall retain a design consultant to formulate an architectural control manual to be submitted to the Town for approval prior to the commencement of the sales and marketing program, and, prior to the execution of the subdivision agreement affecting the first phase of development. The Owner shall incorporate design elements and features that are present in the heritage homes situated in the hamlet of Bloomington and the immediate rural area into the architectural control manual being prepared for the draft plan. 13.2 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the Town approved architectural control manual into all municipal works and landscaping, where relevant, site plan and building permit applications within the draft plan. 13.3 The Owner shall covenant and agree in the subdivision agreement to have the design consultant who prepared the approved architectural control manual to certify that each building permit application is designed in accordance with the said approved manual prior to the building permit being issued by the Chief Building Official. Further, the cost associated with the review and certification of the building permit application by the control architect shall be borne by the Owner.

14.0 External Clearances

b. The Toronto and Region Conservation Authority shall advise that Conditions 1.10, 2.14, 3.1 to 3.6 inclusive, 4.1, 12.1, 12.2 and 12.3 have been satisfied;

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c. The Ministry of Heritage, Sport, Tourism, and Culture Industries shall advise that Conditions 10.1 and 10.2 have been satisfied;

d. Enbridge Consumers Gas shall advise that Conditions 6.1 to 6.4 inclusive have been satisfied;

e. Canada Post Corporation shall advise that Conditions 7.1 to 7.3 inclusive have been satisfied.

14.2 Scoped list of reports/studies to be submitted to the Town in accordance with the above conditions, included but not limited to:

a. Soils/Geotechnical Report in accordance with condition 1.8;

b. Slope Stability Study in accordance to condition 3.6;

c. Stormwater Management Study in accordance with condition 4.1;

d. Water budget / water balance report in accordance with condition 1.10

e. Traffic Impact Study/ Functional Transportation Report/plan in accordance with condition 11.5;

f. Noise Impact Study in accordance with condition 2.10;

g. Groundwater Monitoring Program Report in accordance with condition 5.18 and 5.19;

h. Environmental Impact Study (EIS) in accordance with condition 3.1;

i. Record of Site Condition (RSC) in accordance with condition 1.12 and 1.13;

j. Engineering Report(s), Erosion and Sediment Control, LID reports in accordance with conditions in sections 11 and 12;

k. Architectural Control Manual in accordance with condition 13.1, 13.2, and 13.3; and

l. Cultural Heritage Assessment in accordance with condition 10.1,

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Town of Whitchurch-Stouffville Council Report Item 4

Subject: Developer Led Roads Environmental Assessment for the Phase 3 Lands

Staff Report No. DS-012-20

Department: Development Services

Date: March 24, 2020

Recommendation:

1) That Council direct staff to participate in the road environmental assessment project as a co-proponent.

1. Purpose:

The purpose of this report is to inform Council that owners of the Tondream Subdivision have elected to undertake the Municipal Class Environmental Assessment (MCEA) for the roads that will service the Tondream and Wingarden Subdivisions.

2. Executive Summary:

In late 2018, the owners of the Tondream and Wingarden Subdivisions had requested that the Town initiate an MCEA for local roads to their lands which were landlocked by the GO rail line, Stouffville Creek, Stouffville Reservoir and the existing urban boundary south of Bethesda Road. The developers were willing to pay for all costs associated with the construction of the roads to their development including the Town’s project management costs. The Town was not successful in negotiating a payment agreement with one of the developers. On hearing this the other developer agreed to take over the MCEA and front end all the costs associated with the project. The Town is amenable to this proposal since the local roads are only needed for private lands and do not benefit the Town in any manner other than to provide access / egress for future residents who would reside within the lands owned by the developers.

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3. Background:

In June 2014, the Town retained HDR Inc. to undertake the Town of Whitchurch- Stouffville’s Transportation Master Plan (TMP). At the end of the study, two development interests (Tondream and Wingarden) in the Phase 3 Development Area objected to the TMP’s recommendation for: 1. A grade separation over the Metrolinx GO rail line; 2. A bridge over Stouffville Creek; and 3. A collector road through their developments.

In August 2017, Council approved a scope change to the TMP for staff to work with the developers and look at other alternatives for a transportation network in the Phase 3 Development Area.

The outcome of the scope change was a recommendation to extend local roadways to Bethesda Road from the two developments through private lands bounded by Bethesda Road to the north, Stouffville Reservoir to the south, Stouffville Creek to the west and the Lincolnville GO rail line to the east (Attachment 1). Since the proposed roadways traverse through private lands and possibly an environmental feature, they would be subject to a Schedule C Municipal Class Environmental Assessment.

Both developers had agreed to fund the MCEA, procurement of lands, design of the roads, construction costs and project management costs associated with the two roads. The Town had agreed to initiate the MCEA at the request of the two developers, who were willing to pay all costs associated with the project, including the Town’s project management costs (Attachment 2). However, it became difficult to negotiate the agreement with one of the developers, who started to make unreasonable changes to the agreement. On hearing this, Tondream requested that they take over the MCEA since all the components associated with roads would be paid for by the developers. Staff are amenable to this request since the local roads are only needed for private lands and do not benefit the Town in any manner other than to provide access / egress for future residents who would reside within the lands owned by the developers.

The MCEA was initially agreed to be undertaken by the Town. The Terms of Reference was approved by Council in June 2019. Tondream had agreed to front-end the entire cost of the MCEA. The procurement process to retain external expertise started shortly thereafter. However, despite staff effort, it has not been successful in retaining a consulting firm to conduct the MCEA. To avoid further delay, the owner of Tondream has requested to undertake the MCEA by itself with the Town being the co-proponent under the same Terms of Reference as approved by Council (Attachment 3). Staff is not concerned about Tondream taking over the MCEA project as long as it follows the Council-approved Terms of Reference and agrees to reimburse staff review times. Since this project is fully funded by private development, this project is exempt from the Procurement By-law as per Schedule A- Procurement Exemption List, 3 (x) goods, services, or construction where one hundred percent (100%) of the total cost is being paid by or reimbursed by a third party.

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4. Analysis and Options:

4.1 Developer and Town Participation in the Municipal Class Environmental Assessment

As required by the MCEA process, Tondream, Wingarden and the Town would be identified as co-proponents of the MCEA project. All other stakeholders who wish to participate on the project will have equal rights on the outcome of the MCEA and will have the opportunity to address any outstanding issues that are not addressed in the MCEA, including request for a Part II Order under the Environmental Assessment Act.

Option A (Recommended)

Staff recommend that Tondream take over the procurement and project management of the MCEA process associated the two new local roads needed for the Tondream and Wingarden Subdivisions, and the Town participates in the MCEA process as a co- proponent. As a co-proponent, Council is required to approve the final Environmental Study Report before it can be filed for public review and approval.

Option B

The Town proceed with the procurement of the MCEA subject to the finalization of the agreements with the developers. It is possible that the Town may not reach an agreement with one of the developers to allow for the project to proceed without the Town being financially responsible for the project in some manner. It is also possible that the procurement process may yet again not be successful, which could cause further delays for the development of the Phase 3 lands between Stouffville Creek and the GO rail line.

5. Financial Implications:

There are no financial implications for the Town with Option A. Tondream will pay for the MCEA, design, land procurement and construction associated with the construction of the new roads needed for the two subdivisions.

6. Alignment with Strategic Plan:

1. Asset Planning, Maintenance and Development Successful stewardship of the infrastructure and facilities required to support a growing community and vibrant economy.

• Address / plan for maintenance of existing assets & infrastructure; Create new infrastructure

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7. Attachments:

1. Recommended Transportation Network – Stouffville Phase 3 Lands. 2. Email from Tondream to Fund the Roads. 3. Council Approved RFP for the Phase 3 Roads.

8. Related Reports:

January 22, 2019 DS-003-19 Phase 3 Roads Environmental Assessment June 4, 2019 DS-030-19 Phase 3 Roads Environmental Assessment

Author: Dave Kenth, Manager of Engineering Services / Town Engineer For further information on this report, please contact the Department Head: Haiqing Xu, Director of Development Services at 905-640-1910 or 1-855-642-8697 ext. 2431 or via email at [email protected]

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Attachment 1 – DS‐012-20

Legend -- Exist,ng Ro,d,s Pnn~Roads - Altern.;itivl!R~Networ k0pt1on ActJve Tr.lnspott.ltion Crossing -- Rildlracks - Eximng Uncolnvllle Layover and GO Station Phaw 3 Llnds Potentl.11Development Active Developments c::I ProposNI UncolnvOleGO Sm ion - Bethesda Spo,ts Field - ActivityNode5 Page 107 of135

Exhibit 6-13: Recommended Transportat ion Network - Stouffville Phase 3 Lands Attachment 2 - DS-012-20

From: Jun Li To: Dave Kenth; "Tony Masongsong" Cc: Haiqing Xu; [email protected]; "Rui Song" Subject: RE: New Roads EA - Phase 3 Lands Date: Monday, March 9, 2020 4:56:01 PM Attachments: image001.png image006.png

⚠ CAUTION: This message originated from outside of the organization, please exercise care. DO NOT click any links or open attachments from unknown senders or if such an email was unexpected. NEVER provide your username and password as a result of an email request.

Hi Dave,

We will be financially responsible for new road in term of any component associated with the EA, expropriation or ultimate construction and will pay for staff time for town involvement.

Thanks,

Jun Li Development Manager | Z SQUARE GROUP 1100 Gordon Baker Rd, Toronto, Ontario, M2H 3B3 o 1-416-502-1616 ext. 1-8 c 1-647-809-6666

From: Dave Kenth [mailto:[email protected]] Sent: Monday, March 9, 2020 4:35 PM To: Tony Masongsong; Jun Li Cc: Haiqing Xu; [email protected]; Rui Song Subject: RE: New Roads EA - Phase 3 Lands

Hi Jun and Tony,

Please confirm that the Town will not be financially responsible in any manner for the new roads and that you will pay for staff time for our involvement (i.e. review time, etc.)

Thanks,

Dave Kenth Manager of Engineering Services and Town Engineer | Development Services Town of Whitchurch-Stouffville 111 Sandiford Dr., Stouffville ON | L4A 0Z8 905-640-1910 Ext. 2404 | Fax: 905-640-7957 | townofws.ca Follow us on Twitter and Instagram. Like us on Facebook.

This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error, please immediately notify me by telephone at (905) 640-1910 ext. 2404

Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 108 of 135 Attachment 3 – DS-012-20

TERMS OF REFERENCE

1 TERMS OF REFERENCE/GOAL The Terms of Reference are for the Development Services Department of the Town of Whitchurch-Stouffville to seek external consulting services to complete a Schedule C Municipal Class Environmental Assessment for two local roads, including provision of and a solution for a secondary means for emergency access, from the two future development properties described as: 1. PT LT 4, CON 9, WHITCHURCH, PT 1, 65R31567, WHITCHURCH- STOUFFVILLE; T/W EASE OVER PT LT 4, CON 9, PT 2, 65R31567, AS IN A67176A; T/W EASE OVER PT LT 5, CON 9, PT 3, 65R31567, AS IN YR1026395 with PIN 037081124; and 2. PT LT 4 CON 9 WHITCHURCH AS IN R360187 LYING W OF RAILWAY; S/T R360187; WHITCHURCH-STOUFFVILLE with PIN 037080589.

Both the properties described above are north of the Stouffville Reservoir, south of 6301 (Bethesda Sports Park), 6431, 6517 and 6639 Bethesda Road, east of Stouffville Creek, and west of the Metrolinx (Lincolnville GO) Rail Line. The study area is depicted in Figure 1.

Figure 1 – Study Area Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 109 of 135

The preferred transportation network for this area is described in the Town of Whitchurch- Stouffville’s Transportation Master Plan (Figure 2).

Figure 2- Road Network as Recommended in TMP

Objectives The Objectives of this Study are as follows:

 Identify transportation problems and opportunities relevant to the study area;  Seek input from stakeholders, government agencies, and members of the public to be considered in the selection of a preferred solution;  Review the need and justification based on the most recent information available including but not limited to the Town of Whitchurch-Stouffville’s Transportation Master Plan (TMP), environmental work, and land use assumptions in the Study Area;  Review the TMP to confirm the MEA Class EA planning process has been fulfilled with an emphasis on the need and justification for the recommended solutions for Roads 1, 2 & 3;  Update the need and justification for Roads 1, 2 & 3, ensuring emergency vehicular access is also provided where required taking into consideration information that may not have been available during the preparation of the TMP, including but not limited to new natural heritage information, evaluation and assessments, reports prepared, or other relevant information;  Based on the most recent information, confirm that the previously identified preferred solutions continue to be the preferred solutions, or alternatively, Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 110 of 135

develop and evaluate alternative solutions to identify a new or modified preferred solution supported by the need and justification and address the problems and/or opportunities;  If a new or modified preferred solution is identified, develop and undertake a thorough consultation program that meets the requirements of the MEA Class EA planning process;  If a new or modified preferred solution is identified, identify what corresponding Schedule of the MEA Class EA the solution the new preferred solution would apply;  Identify the preferred solution based on technical analyses and public consultation;  Develop design alternatives based on the preferred solution identified;  Seek input from stakeholders, government agencies, and members of the public on the design alternatives;  Prepare an Environmental Study Report (ESR) including the preliminary design;  Seek Council approval of the ESR; and  Deliver the ESR for public review and approval.

Overview

Study Area The study area will be limited to the Town of Whitchurch-Stouffville’s Phase 3 Lands for the area bounded by Bethesda Road to the north, Stouffville Reservoir to the south, Stouffville Creek to the West, and the Lincolnville GO Rail Line to the East. The study area is depicted in Figure 1.

Public Information Centres and Council Meeting Public awareness, education and consultation will be key in ensuring the interests and concerns of the residents, businesses and other stakeholders are adequately addressed through the EA process.

Constraints  Two separate roadways with a secondary means for emergency access will be required to the future development properties in order to meet the requirements of the Fire and Emergency Services Department; and  Programming within the Bethesda Sports Park shall not be detrimentally affected.

The Municipal Class Environmental Assessment Process An EA is a planning study that assesses potential environmental effects and benefits of an ‘undertaking’ (the intended project). The term “environment” is broadly defined in the Environmental Assessment Act to include the natural environment, as well as, the social, cultural, built and economic aspects of the environment. Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 111 of 135

Municipal road projects are subject to the Environmental Assessment Act. The class EA process is an approved process under the Environmental Assessment Act for a specific group or “class” of projects. This EA will be carried out in accordance with the requirements of the Municipal Class EA document, prepared by the Municipal Engineers Association, and approved in by the Minister of the Environment in October 2000, as amended in 2007, 2011 and 2015. It is noted that amendments to what was originally approved have occurred. This study will incorporate all applicable portions that have been submitted by the Municipal Engineers Association to amend the document that may receive the Minister’s approval(s) before the completion of the study.

The Municipal Class EA consists of the following five phases:

1. Identification of the problem or opportunity; 2. Assessment and evaluation of alternative solutions; 3. Assessment and evaluation of the alternative design concepts for the preferred solution; 4. Documentation in an Environmental Study Report; and 5. Project Implementation. This Study has been tentatively identified as a Schedule “C” Municipal Class EA by Town staff and through the Town’s Transportation Master Plan. The proposed work program will complete the phases two to four, since phase one has already been completed through the Town’s Transportation Master Plan. The following flowchart (Figure 2) illustrates the Municipal Class EA process. An ESR will be prepared and filed for public and agency review. The parties and individuals who have expressed interest during the study will be notified when the ESR is filed. If the process is followed and all project related issues are resolved, then the Town as the sole proponent can proceed with the detailed design and construction, or phase 5 of the process.

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Figure 3 - Municipal Class Environmental Assessment Process

2 SCOPE OF WORK

Scope of Work The following list identifies some of the options that are typically considered in such a Municipal Class EA before a new road is proposed:

• Do nothing (as a base case for comparison); and • Propose multiple road networks for the study area. The EA will consider, but not limited to the following assessment criteria:

Transportation:

• Accommodation of future auto demand; • Transportation network compatibility (including area parking needs); • Transit network connectivity; • Travel safety; • Goods movement; • Emergency service; • Active transportation; and • Possible intersection improvements. Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 113 of 135

Engineering:

• Construction impacts; • Utility/service relocations; • Property requirements; and • Future servicing needs. Natural Environment:

• Storm water/drainage (incl. possible water course & fisheries); • Vegetation and street trees; and • Wildlife. Social, cultural and economic aspects:

• Proximity impacts (noise impacts, aesthetics); • Traffic infiltration; • Residential property impacts; • Commercial property impacts; • Compatibility with existing/future land uses/plans; • Consistency with Official Plan policies; • Archaeological resources; • Built heritage resources; • Accessibility; and • Community Connectivity.

Consultant’s Services The Consultant shall work closely with the staff project manager and hold regular meetings with the Town’s Technical Steering Committee comprised of representatives of the Town, landowners and/or their representatives, and Agency Stakeholders such as the Toronto and Region Conservation Authority. The Consultant is also expected to have meetings with other identified stakeholders, as the landowners affected by the proposed roads and all relevant agencies, to discuss the progress of the study.

The Consultant shall, upon instruction from the Town, provide the following services in the execution of the project:

 Conduct the Municipal Class EA for the proposed roads EA in accordance with the most recently approved version of the Municipal Class EA document.  Identify any land or easement (permanent and working) necessary to implement the preferred alternative for the proposed extension.  Carry out all necessary studies and surveys to complete the ESR, land takings and the preliminary (30% detailed) design.  Identify any environmental impact on private and public lands and recommend mitigation measures.

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 Provided base mapping for this study shall incorporate topography, orthophotography, parcel fabrics, and existing and proposed land use and environmental features at the scale of 1:1000.  Prepare an ESR that documents the process followed for the planning and design of the project. The ESR should provide an analysis of the problem, an evaluation of alternative solutions, and the selection of a preferred alternative.  Prepare notifications for publication.  Prepare a preliminary (30% detailed) design and cost estimate of the preferred alternative, and summarize the remaining issues or tasks required to complete detailed design and construction. A schedule for the design and construction of the preferred alternative should be provided.  Consult with and obtain approval from the following Town Departments/Divisions: o Public Works Department o Development Services Department o Fire and Emergency Services Department  Provide the necessary expertise for the preferred alternative to serve the best interests of the public, with due consideration for environmental concerns, capital cost and operating efficiency in accordance with current state of the art and acceptable engineering standards as established by the Town and other applicable regulatory agencies.  Liaise with stakeholders, such as Ministry of the Environment, Conservation and Parks (MECP), Ministry of Natural Resources and Forestry (MNRF), Metrolinx, Toronto and Region Conservation Authority (TRCA), affected developers and landowners including facilitating public meetings and attending ad hoc meetings as necessary during the process of completing the Class EA and preliminary design.  The Consultant shall be responsible to address all comments and for all mailouts to the stakeholders, agencies and groups that may be affected by the Class EA.  Participate in a reasonable number of meetings for informative, mediative, preventative or coordinative purposes with the Town, utilities and/or other regulatory agencies for the successful completion of the Class EA.  The Consultant shall, barring unforeseen circumstances, complete the deliverables by June 29, 2020.  Throughout the term of the assignment, the consultant shall provide the Town’s Project Manager with weekly phone updates as the project progresses. The Consultant will act as the technical and policy advisor for this EA Study. It will be the responsibility of the Consultant to provide policy/technical information and direction, and ensure that the timeframes for the study are being met. The Consultant will be responsible for the preparation of interim drafts and the associated presentations and the minutes of all technical working meetings, and the Public Information Centres. It will also be the responsibility of the Consultant to make presentations at all meetings convened during this Study. The Consultant, in consultation with Town staff, will also be responsible for the involvement of any identified sub-Consultants, their work, and, the payment for services rendered.

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3 WORKING RELATIONSHIP

Information to be provided by the Town The Consultant in the Proposal shall advise as to the extent and nature of work that they believe will be necessary to be completed by Town staff beyond the role of organizing meetings and typical project management functions. In preparing their Proposals, the prospective Consultants should consider that the Town will be providing the following information:

 Town of Whitchurch-Stouffville Official Plan, Zoning Bylaw and other relevant policies, regulations and guidelines;  Community of Stouffville Urban Design Guidelines;  The Transportation Master Plan;  Current development applications within the study area;  Teranet property fabric mapping, existing contour mapping and the latest orthophotography of the study area (The Town does not have detailed topographic mapping for any of the lands in the study area);  Listed and designated heritage properties, if applicable, within the study area; and  Relevant staff reports and Council resolutions Project Budget and Payment. The Consultant is required to include in his/her Proposal a Gantt chart showing the start and finish of various items of work included in this project. In addition, the Consultant is to submit a schedule of costs, including billing rates for staff, all in sufficient detail to provide an adequate basis for the preparation and checking of his/her progress billings and evaluating the Proposal. The fees shall be calculated on a time basis - all expenses and disbursements will be paid at cost.

The cost estimate in the Proposal shall include the total cost of the work associated with each phase of the project and shall show the labour and out-of-pocket disbursements separately. The Consultant will be responsible for payment to all Sub-Consultants, geotechnical firms, testing firms, legal surveyors, etc. whose services are required to complete the assignment. The cost in this regard must be shown as disbursements. All Sub-Consultants, testing and geotechnical firms, legal surveyors, etc., must be approved by the Town prior to their being engaged by the Consultant.

An upset limit shall be provided by the Consultant for the completion of the Schedule “C” Municipal Class EA. The upset limit shall not be exceeded without prior authorization in writing from the Director of Development Services.

Monthly payment will be made on invoice amounts based on the actual hours of work by each personnel on a task plus expenses and disbursements and updated monthly on the project fees spreadsheet. Throughout the term of the assignment the Consultant will submit monthly reports, in a form acceptable to the Town, showing:

Throughout the term of the assignment, the Consultant shall provide monthly progress reports, in a form acceptable to the Town, showing:

a) The portion of the Services completed in the preceding month; Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 116 of 135

b) A report on the project progress of the services completed to date; c) Remaining Services to be completed; d) Budget spent and remaining and an earned value report. e) An updated tracking Gantt Chart f) Issues to date (resolved issues and date resolved, unresolved issues and party responsible for resolution); g) Activities for the month and project status in terms of meeting the scheduled milestones of the work plan; and h) Variances against baselines for scope, schedule, and cost; the reasons and any measures necessary to remedy the situation. The Proposal must confirm that the Consultant will not undertake any work that they believe is beyond the terms of reference for the project and their written Proposal without written authorization from the Town. The Proposal shall indicate that Consultant staff identified in the Proposal and their respective role shall not be altered unless written authorization is obtained from the Town.

4 DELIVERABLES

Deliverables At a minimum, the following deliverables will be required:

 Phase 1: Identification of problems and opportunities;  Phase 2: Development and evaluation of alternative solutions;  Phase 3: Alternative design concepts for preferred solution; and  At a minimum the following studies will be required (draft and final reports – 5 copies, in addition to the copies that are distributed through the public and agency review process).

o Transportation and Traffic Impact Studies; o Road Safety Performance Assessment Report; o Utilities Report; o Natural Environment Assessment Report; o Tree Audit and Management Report; o Stage One Archaeological Assessment Report; o Phase one environmental site assessment; o Noise Impact Assessment Report; o Geotechnical Investigation and Assessment Report; o Hydrogeological Assessment Report; o Hydrologic and Hydraulic Assessment Report; o Fluvial-Geomorphology Assessment Study; o Drainage and Stormwater Management Report; o Source Water Protection Report; o Land Use and Socio-Economic Assessment; o Cultural heritage Impact Assessment; o Future Servicing Assessment; o Property Acquisition Package; and Report No. DS-012-20 Developer Led Roads Environmental Assessment for th...Page 117 of 135

o Detailed Cost Estimate for each alternative design concept for the preferred solution including the recommended roads design concept.

 Completion of 30 percent detailed design of the recommended alternative in accordance with standards of Transportation Association of Canada (TAC), the Ministry of Transportation (MTO) Guidelines, Roadside Safety Manual, Ontario Traffic Manuals (OTM), Ontario Provincial Standards (OPS) Geometric Design Standards, all relevant ministry guidelines and Town of Whitchurch-Stouffville Standards.  Phase 4: Draft and final reports of the ESR, in addition to the copies that are distributed through the public and agency review process (5 copies)  One (1) digital copy of the final ESR and technical studies including all figures, exhibits, maps and plans in Adobe PDF searchable format. All material used or produced by the Consultant for this Study shall be provided to the Town in the following digital formats:

 Model data (digital input and output files of the models chosen for the study in Word 2013 format);  Draft and final reports (in Word 2016 and pdf formats);  Displays and presentations (in PowerPoint 2016 and pdf formats);  CAD drawings (in AutoCAD Civil 3D 2013 format); and  Database materials used or produced by the Consultant in the undertaking of this Study (in Microsoft Access 2007 format). The Consultant will be responsible for the production of all necessary display and presentation materials required for public information centres, public meetings, and Council meetings. All material prepared for this project shall be submitted to the Town and become Town property upon completion of the Study. The Consultant will be required to produce updates to the Town web page pertaining to the Study.

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5 RFP SCHEDULE AND EVENTS The following is the proposed schedule:

No. Description Date

1 Release of RFP April 17, 2019

Deadline for Questions Submitted by May 1, 2019 at 3:00 2 Respondents PM

May 6, 2019 at 3:00 3 Deadline for Issuing Addenda PM

May 15, 2019 at 3:00 4 RFP Closing Date PM

5 Evaluation of RFP Submissions May 22, 2019

6 Award June 19, 2019 7 Project Commencement June 24, 2019

8 Project Conclusion June 29, 2020

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Town of Whitchurch-Stouffville Council Report Item 5

Subject: Minutes of Settlement: Appeals of Official Plan and Zoning By-law Amendment for Mon Sheong Foundation, 162 & 176 Sandiford Drive (File Nos. OPA19.004 and ZBA19.010)

Staff Report No. DS-013-20

Department: Development Services

Date: March 24, 2020

Recommendation:

1. Purpose:

The purpose of this report is to seek a Council decision to retroactively recognize the execution of the Minutes of Settlement (MOS) regarding the appeals of Official Plan and Zoning By-law Amendment for Mon Sheong Foundation to develop a long-term care facility at 162 & 176 Sandiford Drive (File Nos. OPA19.004 and ZBA19.010).

2. Executive Summary:

The Official Plan and Zoning By-law Amendment adopted by Council on December 3, 2019 for Mon Sheong Foundation to amend the earlier amendments respectively to develop a long-term care facility at 162 & 176 Sandiford Drive was appealed. Council directed staff to enter into a mediation with the applicant and the appellant to resolve the differences. The mediation process ended successfully before the statutory deadline of March 17, 2020, and the MOS was executed.

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3. Background:

The Official Plan and Zoning By-law Amendment adopted by Council on December 3, 2019 for Mon Sheong Foundation to amend the earlier amendments respectively to develop a long-term care facility at 162 & 176 Sandiford Drive was appealed by a neighbouring landowner to Local Planning Appeal Tribunal (LPAT). Council, at its special meeting on January 17, 2020 directed staff to enter into a mediation with the applicant and the appellant to try to resolve the differences.

The mediation ended successfully. Details of the mediation were reported to Council at its in-camera meeting on March 3, 2020. During the open session, Council passed the following resolution:

• That Council approves in principle the location and construction of the servicing infrastructure within the Sandiford Drive right-of-way, required to service the Mon Sheong Foundation development at 162 & 176 Sandiford Drive; and,

• That Council directs Staff to work with Mon Sheong Foundation to obtain other necessary approvals to locate and construct the sanitary servicing infrastructure within the Sandiford Drive right-of-way; and,

• That Mon Sheong Foundation will be responsible for perpetual maintenance of the sanitary sewer within the Sandiford Drive right-of-way. This requirement will be built into their site plan agreement and will be registered on title of their lands.

4. Analysis and Options:

When the staff report was drafted for the March 3 Council meeting, it was not anticipated that the Town would become a signatory of an MOS with the applicant and the appellant. Since then, some specific issues and concerns strictly between the appellant and the applicant were raised and included in the draft MOS. While these issues and concerns do not affect the Town, it becomes necessary for the Town to sign this MOS so that it is clear to all the parties involved that the appellant’s interests are properly protected and that there is no unreasonable expectation, as a result of signing the MOS, of the forthcoming planning process concerning the development of the appellant’s land.

The MOS has been reviewed by the legal Counsels of both the applicant and the appellant, as well as the Town Solicitor. It is determined that the MOS is consistent with the Council direction to staff on March 3, 2020, and ready to be executed.

Given that the Planning Act only allows the Town an additional 60 days to resolve the dispute with March 17, 2020 being the statutory deadline, the MOS was signed by the Deputy CAO, in absence of the CAO. As such, Council has the following options:

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Report No. DS-013-20 Minutes of Settlement: Appeals of Official Plan and... Page 121 of 135 Council Report March 24, 2020

Option A (Recommended)

Council retroactively recognizes the execution of the MOS, as signed by the Deputy CAO on March 17, 2020, because is fully consistent with the Council direction as provided at its meeting on March 3, 2020.

Option B

Council does not recognize the execution of the MOS, as signed by the Deputy CAO on March 17, 2020. This option is not recommended because it contradicts with the Council direction as provided at its meeting on March 3, 2020.

5. Financial Implications:

None.

6. Alignment with Strategic Plan:

1. Expanding the tax base through a growing, diversified economy Building and maintaining a tax base that supports the highest quality program and service delivery.

• Update the Economic Development strategy and continue to attract businesses to locate in WS

7. Attachments:

None

8. Related Reports:

DS-064-19 - Proposed Official Plan Amendment and Proposed Zoning By-law Amendment – Mon Sheong Foundation, 162 & 176 Sandiford Drive (File Nos. OPA19.004, and ZBA19.010) (D09, D14); Dec. 3, 2019.

Author: Haiqing Xu, Director of Development Services

For further information on this report, please contact the Department Head: Haiqing Xu at 905-640-1910 or 1-855-642-8697 ext. 2431 or via email at [email protected]

Page 3 of 3

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Town of Whitchurch-Stouffville Council Resolution

Date: March 24, 2020

From: Councillor Sherban

To: Mayor and Members of Council

Subject: Huron-Wendat Interpretive Centre

WHEREAS on September 24, 2019 Council endorsed a Concept Proposal for a Huron- Wendat Interpretive Centre commemorating the Jean-Baptiste Laine Site; and

WHEREAS Council adopted in principle the concept, vision, and a location proposed for an Interpretive Centre for the Jean-Baptiste Laine Site; and

WHEREAS members of the community are requesting the town to provide alternative options for possible locations.

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Town of Whitchurch-Stouffville Council Resolution

Date: March 24, 2020

From: Mayor Lovatt

To: Members of Council

Subject: Provincially Stranded Assets in York Region

WHEREAS GO rail services and 400-series highways are amongst the most significant infrastructure to support growth & competitiveness in York Region; and

WHEREAS Provincial policies encourage future mixed uses development in Strategic Growth Areas and support employment growth along highways; and

WHEREAS a significant amount of lands near Gormley & Bloomington GO stations and along the Highway 404 are designated “countryside” and protected mainly for agricultural uses; and

WHEREAS much of the lands protected for agricultural uses near the GO stations are no longer viable for normal farm operations; and

WHEREAS there is an apparent need to further assess the lands surrounding all Provincially Stranded Assets in York Region to determine their best uses; and

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WHEREAS York Region Council at its meeting on March 21, 2019, unanimously passed a resolution to support Whitchurch-Stouffville’s position for the Highway 404 corridor lands; and

WHEREAS only the Minister of Municipal Affairs and Housing can decide on a change of use for the stranded lands.

THAT Council request York Region Council to ask the Minister of Municipal Affairs and Housing to permit the new land use designations within the applicable Provincial plans; and

THAT this Council resolution be forwarded to York Region’s Council, York Regional Council, York Regional MPP’s, the Minister of Municipal Affairs and Housing & the Premier for their information.

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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2020-025-OP

BEING A BY-LAW to adopt Official Plan Amendment No. 148 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the area municipality of The Corporation of the Town of Whitchurch-Stouffville (5917 Main Street)

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. That Amendment No. 148 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January 1971, comprised all the lands within the municipal boundary of the Area Municipality of The Corporation of the Town of Whitchurch-Stouffville, is hereby adopted; and

2. That the Mayor and Clerk be hereby authorized and empowered to execute the said Amendment No. 148 to the Official Plan on behalf of this Corporation and to affix thereto the Corporate Seal and to make or cause to be made on behalf of this Corporation such application as may be necessary to the Regional Municipality of York for approval of said Amendment No. 148 to the Official Plan and to execute under the Corporate Seal such documents as may be required for the above purposes.

READ a first and second time this 24th day of March 2020.

READ a third time and passed this 24th day of March 2020.

Iain Lovatt, Mayor

Gillian Angus-Traill, Clerk

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Attachment 1 – By-law 2020-025-OP

AMENDMENT NO. 148

TO THE

OFFICIAL PLAN

OF THE

TOWN OF WHITCHURCH-STOUFFVILLE

PLANNING AREA

(COMMUNITY OF STOUFFVILLE SECONDARY PLAN)

INITIATED BY

LIVGREEN MAIN ST. INC. 5917 MAIN STREET STOUFFVILLE February 2020

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PART I – THE PREAMBLE does not constitute part of this Amendment.

PART II – THE AMENDMENT consisting of the attached text and schedule constitutes Amendment No. 148 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area.

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TO THE OFFICIAL PLAN OF THE TOWN OF WHITCHURCH-STOUFFVILLE (COMMUNITY OF STOUFFVILLE SECONDARY PLAN)

INDEX

PART I – THE PREAMBLE 1

1.0 Purpose 1

2.0 Location 1

3.0 Basis 1

PART II – THE AMENDMENT 3

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1. PURPOSE

2. LOCATION

3. BASIS

The Council of the Town of Whitchurch-Stouffville is satisfied that Amendment No. 148 to the Town of Whitchurch-Stouffville Official Plan is appropriate and constitutes good planning.

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1. Introduction

2. Details of the Amendment

The Town of Whitchurch-Stouffville Official Plan (Community of Stouffville Secondary Plan), as amended, is hereby further amended as follows:

2.1 That Section 12.7.18.4 – Special Provisions is hereby amended by the addition of a new subsection 12.7.18.4.3 as follows:

12.7.18.4.3 Special Provision 3 – 5917 Main Street

Notwithstanding any provisions of this Plan to the contrary, the following site- specific policies apply:

i) A maximum floor space index of 2.9 is permitted; ii) A maximum residential density of 230 units per net hectare is permitted; iii) A minimum 1.3 metre landscaped area is permitted between the road allowance right of way and the easterly off-street parking area; and iv) A minimum of 380 square metres of commercial/retail gross floor area on the ground floor is required.

3. Interpretation

The provisions set forth in the Town of Whitchurch-Stouffville Official Plan, as amended from time to time regarding the interpretation of that Plan, shall apply in regard to this Amendment and as may more specifically be set out or implied within the policies contained therein. Unless precluded, altered or exempted by any policies contained herein, all of the relevant policies of the Town of Whitchurch-Stouffville Official Plan shall apply to this Amendment.

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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2020-026-ZO

BEING A BY-LAW to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 5917 Main Street

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, (The Act) permits the Councils of local municipalities to pass zoning by-laws prohibiting the use of land, or the erecting, locating or using of buildings or structures for, or except for such purposes as may be set out in the by-law.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. That Comprehensive Zoning By-law No. 2010-001-ZO is hereby amended as follows:

(a) By amending Section 6.4.5 (Exceptions to the CM2 Zone) by adding a new Section 6.4.5.11 as follows;

6.4.5.11 CM2(11) 5917 Main Street Stouffville, Schedule 55 (2020-026- ZO)

1. Regulations

i) Maximum front yard 3.7 m ii) Minimum front yard 0.85 m iii) Maximum Floor Space Index 2.9 iv) Maximum residential density 230 units per net hectare v) Maximum building height 28.0 m (1) vi) Minimum landscaped area between street and parking areas or driveways 1.3m

2. For the purposes of this By-law, section 6.2.1 (4) shall not apply.

3. For the purposes of this By-law, section 6.3 shall not apply

4. Special Regulation

A minimum of 387 m2 of the total ground floor area shall be dedicated to commercial uses.

5. Qualifying Notes for Regulations

(1) For the purposes of this By-law, the maximum building height shall not include any mechanical penthouse, service rooms, service/mechanical equipment, screens, rooftop solar panels, stairwell enclosure accessing the rooftop area and any associated structure.

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(b) By amending Schedule 55 to show thereon the area delineated on Schedule 1 to this By-law from Commercial Residential Mixed - Western Approach Exception five [CM2(5)] to Commercial Residential Mixed - Western Approach Exception eleven [CM2(11)]; and

2. That this By-law shall come into force upon the final approval of Official Plan Amendment No. 148 to the Town of Whitchurch-Stouffville and in accordance with Section 34 of the Act.

READ a first and second time this 24th day of March 2020.

READ a third time and passed this 24th day of March 2020.

Iain Lovatt, Mayor

Gillian Angus-Traill, Clerk

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SCHEDULE 1 TO BY-LAW 2020-026-ZO

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